22nd Judicial Circuit Court, McHenry County Filing Timing and Cure Windows

The claim call must be set no less than 60 days after the claim is filed.

The notice shall set the call of the claim no less than 60 days from the date of the filing of the claim

If no estate has been opened, a guardianship petition must be filed with and heard by the Probate Court within 30 days after the trial judge’s order.

In the event that an estate has not yet been opened, a petition for guardianship shall be filed with and heard by the Probate Court within 30 days of the Trial Judge's order.

The duplicate certificate of sale must be issued on the day of sale and recorded that day or the following day.

Issue the duplicate certificate of sale and deliver the same to the County Recorder for recording. The duplicate certificate of sale shall be issued on the day of sale and recorded on that day or the following day to preserve the buyer's interest.

Deadline

3 court days

A report concerning a pending juvenile case must be filed with or received by the clerk, rather than merely mailed, at least three court days before the hearing at which it will be considered.

A report to a Juvenile Court Judge concerning a pending Juvenile Court Case shall be filed with or received by (and not merely mailed to) the Clerk of the Circuit Court at least three (3) court days prior to any hearing (i.e., review, sentencing, etc.) at which the report will be considered.

The report of proceedings from a domestic-relations prove-up must be transcribed and filed within 30 days unless the court excuses the requirement.

The report of proceedings from all domestic relations prove-ups shall be transcribed and filed within 30 days unless excused by the order of the court.

An objection to a parenting coordinator’s invoice must be filed and served within 30 days after the invoice is filed.

Any objection(s) to an invoice must be filed and served within 30 days of the date of filing of the parenting coordinator’s invoice.

A motion to withdraw will not be considered unless filed with at least 30 days' notice before trial is scheduled to commence.

No motion to withdraw shall be considered unless filed with notice giving a minimum of 30 days prior to the date set for trial to commence.

All pretrial motions, including motions under the cited Illinois statutes, must be filed within the time fixed by the court.

All pre-trial motions including, but not limited to, motions brought pursuant to Illinois Compiled Statutes, Chapter 725, Article 144 or Article 115-10 of the Code of Criminal Procedure shall be filed within the time fixed by the court.

Absent an order setting dates, all motions must be filed and brought to the court's attention at least 28 days before the scheduled commencement date.

In the absence of an order setting dates, all motions shall be filed and brought to the attention of the court not less than 28 days before the date the case is set to commence.

All pretrial motions, including motions in limine, must be filed no later than the pretrial conference appearance date.

All pre-trial motions, including motions in limine, must be filed with the Clerk of the Circuit Court prior to, but no later than, the pre-trial conference appearance date.

Within 14 days after proper filing of a motion to rescind a sealing or impoundment order, the Circuit Court Clerk must set the motion for hearing before the judge who issued the order.

Upon the proper filing of a "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File," within 14 days, the Circuit Court Clerk shall set the motion for hearing before the judge who ordered the case, records or documents to be sealed or impounded.

Nonconforming attorney filings may be rejected by the court.

Documents filed by attorneys that do not comply with the format specified by the applicable statute or rule may be rejected.

An electronic document is considered filed with the Circuit Court Clerk after review and acceptance, with transmission completed by the clerk’s electronic filing stamp.

Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the clerk's electronic filing stamp.

A pleading received before midnight on an open Clerk’s Office day is deemed filed that day; one filed on a closed day is deemed filed the next business day.

Pleadings received by the clerk before midnight on a day the Circuit Clerk's office is open shall be deemed filed that day. If filed on a day the Circuit Clerk's office is not open for business, the document will be deemed filed the next business day.

After a rejection, the subscriber may be required to refile the document to satisfy the applicable filing requirements.

In that event, the Subscriber may be required to re-file the document to meet the necessary filing requirements.

An electronic document is not officially filed unless it bears the electronic filing stamp.

Electronic documents are not officially filed without the electronic filing stamp.

The transmission date and time govern the electronic filing mark; pleadings received before midnight on an open Clerk's Office day are deemed filed that day, while filings made when the office is closed are deemed filed the next business day.

The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the clerk before midnight on a day the Circuit Clerk's office is open shall be deemed filed that day. If filed on a day the Circuit Clerk's office is not open for business, the document will be deemed filed the next business day.

An accepted electronic document receives an official electronic filing stamp containing the court identification, filing time and date, and the word "FILED," which is merged into the document and visible online and in print.

Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp. The stamp shall be endorsed in the name of the Circuit Clerk and shall include the identification of the court, the official time and date of filing and contain the word "FILED." This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed online. Electronic documents are not officially filed without the electronic filing stamp.

The court may authorize a later-refiled document to receive the original attempted filing date upon satisfactory proof of transmission, processing, rejection, technical, or service-list errors.

B. If the electronic filing is not filed with the clerk because of (1) an error in the transmission of the document to the Vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

Deadline

60 court days

Dispositive motions must be heard at least 60 days before the scheduled trial date unless the court orders otherwise.

E. All dispositive motions shall be heard before the court not less than 60 days before the scheduled trial date unless otherwise ordered by the court.

A contested motion will not be heard unless it is scheduled on the court calendar, and counsel or office staff may certify the scheduling by contacting the Circuit Court Clerk.

F. Unless otherwise ordered by the court, no contested motion shall be heard if it has not been scheduled for hearing on the Court's calendar. The court shall consider counsel’s certification, or that of office staff, that the matter was scheduled for hearing by contacting the office of the Circuit Court Clerk.

When notice of hearing is personally served, it must be delivered by 4:00 P.M. on the second court date preceding the hearing.

J. Time of Notice. If Notice of Hearing is given by personal service, the Notice shall be delivered by 4:00 P.M. of the second court date preceding the hearing of the

During court hours, a complaint or petition requesting specified ex parte emergency relief must be filed with the Circuit Clerk before the party applies to the court for the order.

Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraining order, preliminary injunction, or any other emergency relief shall be filed in the Office of the Circuit Clerk, if during Court hours, before application to the court for the order.

The filing deadline for all motions and pleadings is extended to the next business day of the court.

C. The time for filing all motions and pleadings is extended to the next business day of this court.

A News Media request for Extended Media Coverage generally must be filed at least 14 days before the proceeding, subject to court adjustment, or as soon as practicable after scheduling when the proceeding was not scheduled at least 14 days in advance.

Requests by News Media for Extended Media Coverage shall be filed with the Clerk of the Circuit Court. The filing must occur at least 14 days before the proceeding for which Extended Media Coverage is sought unless extended or reduced by a court order. When the proceeding is not scheduled at least 14 days in advance, the filing must occur as soon as practicable after the proceeding is scheduled.

Deadline

3 court days

A written objection stating the reasons must be filed with the clerk at least three court days before the covered proceeding, unless the judge adjusts that period.

Any party or witness objecting to Extended Media Coverage may file with the Clerk of the Circuit Court a written Objection stating the reasons; therefore, at least three (3) court days before the commencement of the proceeding sought to be covered unless such time is otherwise extended or reduced by the judge.

Plaintiffs must comply with Supreme Court Rule 222 disclosure requirements within 30 days after filing the original complaint.

Plaintiffs shall comply with the disclosure requirements of Supreme Court Rule 222 within 30 days of filing the original complaint.

Each Defendant must comply with Supreme Court Rule 222 disclosure requirements within 30 days after appearance is due, unless the court orders otherwise.

Each Defendant shall comply with the disclosure requirements of Supreme Court Rule 222 within 30 days after appearance is due unless otherwise ordered by the court.

The arbitrators' award and any findings sheet must be filed immediately with the Clerk, who must then serve notice on all parties, including a party in default.

The award, including the findings sheet, shall be filed immediately with the Clerk of the Court, who shall serve notice of the award to all parties, including any in default.

The notice of award must set a date at least 30 days after filing for entry of judgment, dismissal, or scheduling of trial if a timely rejection is filed.

The Clerk of the Court shall include in the notice of award a date certain, not less than 30 days from the filing of the award, before the Arbitration Judge, for entry of judgment on the award, dismissal or the scheduling of a trial date in the event a timely rejection has been filed.

Deadline

3 court days

Adoption reports, except an investigative report in a non-related adoption, must be filed with or received by the clerk at least three court days before the hearing.

Any and all reports pertaining to adoption, other than an investigative report in a non-related adoption, shall be filed with or received by (and not merely mailed to) the Clerk of the Circuit Court at least three (3) court days prior to any hearing at which the report will be considered.

The specified adoption consent and authorization documents must be provided to the court at or before the hearing at which they will be considered.

Consents to adoptions, acknowledgments of information exchange authorizations, and denial of exchange authorizations shall be provided to the court at or prior to any hearing at which the same will be considered.

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.

D. Any after-discovered safe deposit box shall be inventoried forthwith in accordance with this rule, and a supplemental inventory listing the box and its contents shall be filed with the Clerk of the Court no later than thirty (30) days from the date of 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.

Unless excused by the court pursuant to Section 24-1(b) of the Probate Act, every representative of a decedent's estate shall present to the court, for approval, a verified account of the administration of the estate as required by Section 24-1(a) of the Probate Act within 60 days after the expiration of one (1) year after the 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.

Thereafter, a verified account shall be filed annually within 60 days after the anniversary date of the issuance of letters of the office until the administration is completed.

An independent representative must file a verified annual status report in open court within 30 days after each anniversary of the initial independent-administration order until the estate is closed.

Whenever an order is entered granting independent administration pursuant to Section 28-2 of the Probate Act, the independent representative shall file in open court a verified report on the status of the estate each year within 30 days after the anniversary date of the entry of the initial order granting independent administration until the estate is closed.

Unless the court excuses it, a guardian must present the required verified account and evidence for approval within 60 days after the first anniversary of issuance of letters and annually thereafter within 60 days after each anniversary of the first verified account until the estate closes.

C. Unless excused by the court, every guardian shall present to the court for approval the verified account and evidence required by Section 24-11(a) of the Probate Act within 60 days after the expiration of one (1) year after the issuance of letters and annually thereafter within 60 days after the anniversary date of the first verified account until the estate is closed.

The e-filing vendor must send the subscriber a confirmation showing the receipt time and date as proof of submission to the clerk.

Upon receipt by the vendor and submission of an electronic document to the clerk, the vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt and serve as proof that the document has been submitted to the clerk.

The vendor must email the subscriber when the clerk’s office does not accept a document.

A Subscriber will receive an e-mail notification from the vendor if a document is not accepted by the clerk's office.

A self-represented litigant’s nonconforming filing must undergo court review before it may be rejected, under a court-established review practice.

Documents filed by Self- Represented Litigant parties that do not comply with the format specified by the applicable statute or rule shall be reviewed for acceptance by the court prior to rejection. The court shall establish a business practice for this review process.

The transmission date and time govern the electronic filing mark.

The transmission date and time of transfer shall govern the electronic filing mark.

An electronic filer is responsible for ensuring that the document is complete, readable, and properly filed.

A person who files a document electronically shall have the same responsibility as a person filing a document in a conventional manner for ensuring that the document is complete, readable and properly filed.

The e-filing vendor must confirm receipt and provide an email notice if the clerk rejects a document, after which the subscriber may be required to refile.

Upon receipt by the vendor and submission of an electronic document to the clerk, the vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt and serve as proof that the document has been submitted to the clerk. A Subscriber will receive an e-mail notification from the vendor if a document is not accepted by the clerk's office. In that event, the Subscriber may be required to re-file the document to meet the necessary filing requirements.

Absent extraordinary circumstances, a person prejudiced by retroactive acceptance of a refiled document is entitled to an extension of applicable response and performance deadlines.

C. In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court’s order to accept a subsequent filing effective as of the date filing was first attempted shall be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

Court rules and amendments must be filed with the Director of the Administrative Office of the Illinois Courts within 10 days after adoption.

All rules of this court and amendments thereto shall be filed with the Director of the Administrative Office of the Illinois Courts, Springfield, Illinois, within ten (10) days after adoption thereof pursuant to Supreme Court Rule 21(d).

Court rules and amendments must also be filed with the McHenry County Clerk of Court.

Said rules and amendments shall be filed with the Clerk of Court in McHenry County.

Matters returnable on a legal holiday are continued to the next business day.

B. All matters returnable on said legal holidays shall be continued to the next business day of this court.

A notice of disclosure must be promptly filed with the court after a disclosure is served.

Upon service of a disclosure, a notice of disclosure shall be promptly filed with the court.