Court Rules

Court-wide rules

Applies court-wide

These 393 rules apply across 22nd Judicial Circuit Court, McHenry County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 162
  • Applies to
    Surety schedule

    A proposed surety must provide a schedule of property and net worth executed under oath, unless the court excuses filing under the stated consent or good-cause exceptions.

  • Applies to
    Bond

    If the court approves a proffered bond, the petition and schedules must be filed with and included in the bond.

  • Applies to
    Deposit authorization order

    An order authorizing a cash deposit must require the distribution to be payable jointly to the guardian, if any, and the depository, and must require a certified depository receipt stating that no withdrawals may occur without court approval.

Service

All 74
  • Service
    Mail

    Within seven days, the personal representative or attorney must mail copies of the petition, bond, and schedules to each heir, legatee, or nearest relative whose approval is not already on file, and must file proof of mailing with the clerk.

  • Applies to
    Notice of missing account or report
    Service
    Mail

    When a required account or report is not filed and approved, the clerk must mail notice to the representative and attorney of record requiring the account or report to be filed.

  • Applies to
    Notice of hearing on account

    Notice must be given at least seven days before the hearing under Supreme Court Rule 11, except when publication is used.

Filing Timing

All 48

  • A newly discovered safe deposit box must be inventoried promptly, and a supplemental inventory listing the box and contents must be filed within 30 days after discovery.

  • Unless the court excuses it, the decedent’s estate representative must present a verified administration account for court approval within 60 days after the first anniversary of issuance of letters of office.

  • After the initial account, the decedent’s estate representative must file a verified account annually within 60 days after each anniversary of the issuance of letters of office until administration is completed.

Formatting

All 30

  • The plaintiff’s attorney must prepare the notice for sale using the form available in the clerk’s office.

  • The required pretrial memorandum must be typewritten and follow the prescribed rules and Form 4.01(b), subject to the stated special-progress-call exception.

  • Jury instructions must be double-spaced and typed on plain 8.5-by-11-inch paper.

More categories

View all 22nd Judicial Circuit Court, McHenry County rules
About Judge David R. Gervais

Judge David R. Gervais is Presiding Judge Civil Division of the 22nd Judicial Circuit of McHenry County, Illinois, and holds the Civil IV Call in Courtroom 357. Call scope: Chancery (CH); Probate (PR); Guardianship (GR). Hearing times: Monday to Friday, 9:00 a.m. Chancery; 9:30 a.m. Guardianship and Probate.

Courtroom 357. Standing order: [Courtroom 357 Standing Order (updated 02/02/2023)](https://www.22ndcircuitil.gov/wp-content/uploads/sites/3/2025/07/357-Standing-order-02-03-2023.pdf)

Common questions about Judge David R. Gervais's rules

Are courtesy copies required for Judge David R. Gervais?

Courtesy-copy rule applies for motions and briefs. Details: delivery at least 7 business days before hearing when practicable, by mail. Courtesy copies of motions and briefs in contested matters set for hearing, or as otherwise ordered, are required notwithstanding contrary local rules.

View ruleSource: page 2, section COURTESY COPIES

How may parties contact Judge David R. Gervais' chambers?

The rule addresses phone communications. The rule lists phone (815) 334-4385. For an emergency hearing outside the normal setting protocol, counsel or a self-represented litigant should file the pleading, call Court Administration at the stated number, explain the situation, and provide the available attorney or litigant contact information.

View ruleSource: page 1, section EMERGENCY MATTERS

Is electronic filing required before Judge David R. Gervais?

Yes. Electronic filing is required for the covered filings. The designated proposed-orders email is only for proposed orders and should not be used for pleadings, motions, affidavits, or exhibits.

View ruleSource: page 2, section INITIAL PRESENTATIONS

When is a filing treated as filed before Judge David R. Gervais?

The rule addresses filing timing, filing status, or cure windows. Pleadings and other matters intended for presentation in open court should be filed at least seven days before the presentation.

View ruleSource: page 2, section INITIAL PRESENTATIONS

What rule applies to service for summons before Judge David R. Gervais?

The rule addresses service method, recipient, or timing requirements. Details: timing: before hearing. The alleged disabled respondent must be served with a summons at least 14 days before the guardianship hearing.

View ruleSource: page 3, section NEW GUARDIANSHIP ("GR") CASES INVOLVING AN ALLEGED DISABLED ADULT
Complete rules summary for Judge David R. Gervais

Questions about settings and availability may be directed to the McHenry County Circuit Clerk's Office.

For an emergency hearing outside the normal setting protocol, counsel or a self-represented litigant should file the pleading, call Court Administration at the stated number, explain the situation, and provide the available attorney or litigant contact information.

When the courthouse is closed, a Duty Judge may be contacted through the Office of the McHenry County Sheriff.

Pleadings and other matters intended for presentation in open court should be filed at least seven days before the presentation.

Proposed orders, whether submitted before or after a court appearance, may be emailed to the Court at the designated proposed-orders address.

The designated proposed-orders email is only for proposed orders and should not be used for pleadings, motions, affidavits, or exhibits.

A post-hearing proposed order should be submitted within 24 hours after the hearing.

Questions about case scheduling or electronically filed documents must be directed to the Clerk of the Circuit Court at 815-334-4190.

Parties may stipulate or agree to an order at least two court days, or 48 hours, before an open-court setting, and earlier if possible; the same agreement process may be used when a matter is not otherwise set.

Courtesy copies of motions and briefs in contested matters set for hearing, or as otherwise ordered, are required notwithstanding contrary local rules.

Each courtesy copy should include a cover letter identifying the parties, case number, and hearing date.

Courtesy copies must be provided to all parties of record at approximately the same time they are submitted to the Court.

The alleged disabled respondent must be served with a summons at least 14 days before the guardianship hearing.

Where a new decedent's-estate matter is not scheduled for open-court presentation, the attorney or self-represented party may email proposed orders, oaths, and bonds to the Court with an explanatory cover email.

Questions about submitting proposed orders to the Court must be directed to the Civil Case Manager at 815-334-4385.

More Judges in 22nd Judicial Circuit Court, McHenry County

Joel D. Berg
Judge
Kevin G. Costello
Judge
Michael J. Chmiel
Judge
Suzanne C. Mangiamele
Judge