14th Judicial Circuit Court, Mercer County, Illinois Filing Timing and Cure Windows

CRITICAL

A party may move to dispense with mediation within 14 days after the referral order on the stated grounds, including prior mediation, a question of law only, a violation of Rule 2(b), or other good cause.

A party may move, within fourteen (14) days after the Order of Referral, to dispense with mediation if: - (1) the issue to be considered has been previously mediated between the same parties ; - (2) the issue presents a question of law only; - (3) the order violates subparagraph 2(b) of this General Order; or - (4) other good cause is shown.

CRITICAL

For a civil action subject to these rules, the summons return date must be set 21 to 40 days after filing.

Upon the filing of a civil action subject to these rules the Clerk of the Circuit Court shall set a return date for the summons not less than twenty-one (21) days nor more than forty (40) days after filing, returnable before the Supervising Judge for Arbitration.

CRITICALCivil cases

Any party may file a motion to defer mediation within 14 days of the Order of Referral.

Within fourteen (14) days of the Order of Referral, any party may file a motion with the court to defer the mediation.

CRITICALCivil cases

The movant must set the hearing on a motion to defer before the scheduled mediation date.

The movant shall set the motion to defer the mediation proceeding prior to the scheduled date for mediation.

CRITICAL

Deadline

14 court days

If the parties disagree about the draft order’s contents, the prevailing party must set a special hearing within fourteen court days after the decision is announced.

If the parties cannot agree as to the contents of the draft order, the prevailing party shall set a special hearing on the entry of the draft order within fourteen (14) court days following the announcement of the decisions.

CRITICALCivil cases

If the parties do not agree on a mediator within 14 days after the Order of Referral, the plaintiffs’ attorney or an attorney agreed upon by all attorneys must notify the court within the next 7 days, after which the court appoints a certified mediator.

If the parties cannot agree upon a mediator within fourteen (14) days of the Order of Referral, the plaintiffs' attorney (or another attorney agreed upon by all attorneys) shall so notify the court within the next seven (7) days, and the court shall appoint a certified mediator selected by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending.

CRITICAL

The application must be filed as soon as possible after cause occurs and no later than 21 days after the party or counsel first learns of the alleged cause.

A verified application for a substitution for cause shall be filed as soon as possible after cause occurs and in any event no later than 21 days after the party or counsel first learns of the alleged cause.

CRITICAL

For each case, the mediator must prepare a statistical report on the prescribed form and file it with the Court Administrator at least quarterly.

The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the Court Administrator.

CRITICAL

Deadline

2 court days

The petitioner must file the completed documents no later than two court days before the hearing.

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date, then on the same day hand deliver a file stamped paper courtesy copy to the judge and to respondent via email, facsimile or hand delivery.

CRITICALCivil cases

An applicant denied inclusion on or removed from the approved list may appeal in writing within ten days to the Circuit Court Advisory Committee.

An applicant denied inclusion on, or removed from, the court approved list may appeal the decision in writing within ten (10) days to the Circuit Court Advisory Committee.

CRITICAL

The mediator’s report must be filed with the Circuit Court Clerk within fourteen days after the last day of the mediation conference.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties, within fourteen (14) days after the last day of the mediation conference. The report shall designate, "full agreement," "partial agreement" or "no agreement." This report shall be signed by the mediator and shall be filed with the Circuit Court Clerk within fourteen (14) days after the last day of mediation conference.

CRITICAL

Required pre-trial documents must be filed at least four court days before the conference.

the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

CRITICALCivil cases

Deadline

6 court days

The petitioner’s completed portion of the required Rule 9(d) documents must be received by the respondent at least six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

CRITICAL

Unless the court orders otherwise, parties must file their initial Rule 222 disclosures within 14 days of the first return court appearance date.

(a) All parties shall comply with the provisions of Supreme Court Rule 222. However, unless otherwise ordered by the court, the parties shall file with the court their initial disclosure under Supreme Court Rule 222 within fourteen (14) days of the first return court appearance date.

CRITICAL

Estate legal representatives must file an initial annual report or account by the stated first-Monday deadline and subsequent reports on each anniversary until the estate closes, unless the court orders otherwise.

(j) Pursuant to the discretionary authority vested with the Court under Section 755 ILCS 5/24-1, 5/24-3(a), 5/24-11, Illinois Probate Code, all legal representatives of estates in cases filed in the various courts of the Fourteenth Judicial Circuit, shall file an annual report or account. The first such report or account shall be due, unless otherwise ordered by the Court, by the first Monday of the month following one year from the issuance of Letters of Office. Thereafter, unless otherwise ordered by the Court, an annual report or account will be due on each anniversary or until the estate is closed.

CRITICAL

The hearing on such a motion must be set at least 60 days before trial.

The date for hearing of such motion shall be set for a date not less than 60 days prior to the date of trial.

CRITICAL

A party may file a motion to defer mediation within 14 days of the referral order.

Within fourteen (14) days of the Order of Referral, any party may file a motion with the court to defer the mediation.

CRITICAL

Unless otherwise ordered, evidence depositions and their index must be presented no later than ten days before the pre-trial conference.

Unless otherwise ordered, all evidence depositions shall be presented to the trial judge no later than ten (10) days prior to the pre-trial conference together with a typed index showing page and line of any unresolved objections.

CRITICAL

The mediator must give the parties written notice of the mediation date and time within 28 days after the referral order.

Within twenty-eight (28) days after the Order of Referral, the mediator shall notify the parties in writing of the date and time of the mediation conference.

CRITICAL

A party must file the financial affidavit with the party's initial pleading.

A financial affidavit shall be filed with a party's initial pleading.

CRITICALCivil cases

The mediation information must be furnished to the Supreme Court annually, or at another interval it directs.

Such information shall be furnished to the Supreme Court through its administrative office once a year or at such other interval as may be directed.

CRITICALCivil cases

The statement addressing the specified Supreme Court Rule 218 factors must be filed no later than the initial case management conference.

The parties shall file and exchange no later than the initial case management conference as statement addressing those factors enumerated in Supreme Court Rule 218(a) (1) through (10).

CRITICAL

Unless the Court orders otherwise, evidence depositions must be presented to the trial judge no later than ten days before the pre-trial conference.

Unless otherwise ordered, all evidence depositions shall be presented to the trial judge no later than ten (10) days prior to the pre-trial conference

CRITICALCivil cases

The joint parenting plan and disputed-issues appendix must be submitted before the contested hearing.

Before a contested hearing on allocation of parental responsibilities and/or parenting time, the parties and their respective attorneys shall submit a joint parenting plan setting forth the agreements of the parties along with an appendix setting forth the parties' respective positions on issues in dispute. (If the contested hearing is conducted within 120 days of service or filing of a petition for allocation of parental responsibilities the filing of this document will satisfy the requirements of 750 ILCS 5/602.1 to file a parenting plan.)

CRITICALCivil cases

Deadline

2 court days

The petitioner must complete and file the required documents no later than two court days before the hearing.

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date,

CRITICAL

The mediator must report the existence of a signed or transcribed agreement to the court without comment within ten days of the agreement.

The mediator shall report the existence of the signed or transcribed agreement to the court without comment within ten (10) days thereof.

CRITICAL

An applicant denied inclusion on or removed from the approved list may appeal in writing to the Circuit Court Advisory Committee within ten days.

An applicant denied inclusion on, or removed from, the court approved list may appeal the decision in writing within ten (10) days to the Circuit Court Advisory Committee.

CRITICAL

If the parties cannot agree on the draft order’s contents, the prevailing party must set a special hearing within fourteen court days after the decisions are announced.

If the parties cannot agree as to the contents of the draft order, the prevailing party shall set a special hearing on the entry of the draft order within fourteen (14) court days following the announcement of the decisions.

CRITICAL

Deadline

4 court days

Required pre-trial documents must be filed at least four court days before the conference.

In actions in which a pre-trial conference is ordered, the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

CRITICAL

The respondent may file a written answer no later than three days before the hearing.

No later than three (3) days prior to the hearing, the respondent may file a written answer denying, with specificity, any of the allegations together with any affirmative defense.

CRITICAL

Deadline

20 business days

The mediator must prepare and file the prescribed Mediator's Report within 20 business days after mediation terminates.

The mediator shall prepare and file a Mediator's Report on the prescribed form within twenty (20) business days of the termination of mediation and, if the ordered mediation has not yet been terminated, every ninety (90) days from the entry of the initial Order appointing the Mediator.

CRITICAL

If the Clerk’s Office is open, a complaint or petition seeking the specified ex parte relief must be filed there before applying to a judge for the order.

Every complaint or petition upon which it is sought to obtain ex parte, an order for the appointment of a receiver or a temporary restraining order, for a preliminary injunction, for an order of protection, or for an order of ne exeat republica shall be filed in the Office of the Clerk if that office is open before application to a judge for the order.

CRITICAL

Mediation is tolled until the motion to defer is decided.

Mediation shall be tolled until disposition of the motion.

WARNING

An attorney of record or an unrepresented party may schedule a written motion to remove the case from the strike list for hearing on or before the strike day.

On or before the strike day, any attorney of record or party not represented by an attorney may schedule for hearing before the judge who is designated in the "strike list" notice, or that judge's designee, a written motion to remove the case from the strike list.

WARNING

The court may order the receiver to file special reports.

Special reports may be ordered by the Court

WARNING

Affidavits supporting the resistance must be filed as provided in 735 ILCS 5/2-1005(c).

Any affidavits in support of the resistance shall be filed as set forth in 735 ILCS 5/2-1005(c).

WARNINGCivil cases

The parties may agree on a stipulation designating a mediator within 14 days of the Order of Referral.

Within fourteen (14) days of the Order of Referral the parties may agree upon a stipulation with the court designating:

WARNING

The parties may agree on and submit a mediator-designation stipulation within 14 days of the referral order; a noncertified mediator requires review and approval by the presiding judge.

Within fourteen (14) days of the Order of Referral the parties may agree upon a stipulation with the court designating: a. A certified mediator; or b. A mediator who does not meet the certification requirements of these rules but who, in the opinion of the parties and upon review by and approval of the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case.

CRITICAL

Affidavits supporting the resistance must be filed as provided by 735 ILCS 5/2-1005(c).

Any affidavits in support of the resistance shall be filed as set forth in 735 ILCS 5/2-1005(c).