Circuit Court of Montgomery County, Illinois (4th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The presiding or assigned judge may continue a remote hearing to another time or place for good cause, including the listed circumstances.
- The mediator may adjourn and set a reconvening time at any time, and parties present at the adjourned conference need not receive further notice.
- An extension request must be in writing and explain its reasons; for good cause, the Court may consider it without notice or hearing, but may direct notice to interested parties of any new hearing date.
Request must include
Page & Word Limits1 rule
The letter shall not exceed two (2) pages
- Page limit
- Up to 2 pages
Document Format Requirements3 rules
All submissions shall be submitted in PDF format;
- File type
- Remote hearing submission
For any exhibit or other document greater than four pages long, page numbers must be inserted electronically or legibly within the PDF (not handwritten).
- More than 4 pages
Each listed document must be submitted as a separate file whose name identifies the offering party and the document’s nature.
Court's wording
Each proposed order, fully signed agreed order, agreement, stipulation or other document shall be submitted as a separate file with a file name that reflects the party offering it and the nature of the document (e.g., Plaintiff proposed order, Petitioner agreed order, Defendant stipulation, Respondent cases in support, etc.);
Document Filing Requirements66 rules
A motion-hearing notice must identify the motion judge, action, presentation date and time, and motion nature, and must be served with the motion and accompanying papers or a statement that they were previously served.
Court's wording
The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion. A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified case, judge, hearing, and order information on parties not in default and file proof of service within two days after the hearing.
Court's wording
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.
Counsel must file a certification describing the discovery requests and providing proof of service on the directed party.
Court's wording
Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.
In civil matters, counsel must file a certification showing compliance with a discovery request and describing the documents filed in relation to that request.
Court's wording
Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.
When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.
A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.
A party seeking return of discoverable material by mail must provide an appropriately sized return envelope addressed to the Circuit Clerk with the specified case and hearing information and endorsement.
Court's wording
A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.
A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:
A certification page containing the specified certification language must accompany every subpoena issued under this section.
Court's wording
(f) Certification: A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena.
The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.
If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.
The parties must file a Financial Affidavit when the listed matters are disputed, when applicable law requires one, or when the Court orders one.
Court's wording
The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings where there is a dispute involving attorney’s fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto; (2) As required by applicable law; and (3) As otherwise ordered by the Court.
if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested)
If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.
If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party’s proposed parenting plan as may be required by 750 ILCS 5/602.10.
The prove-up package must contain the listed judgment, certificates, orders, agreement, and parenting-education certificate, subject to the stated applicability conditions and court flexibility.
- Document
- Prove up package
Must include
- •Proposed order
Court's wording
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following: (1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment, Declaration or Order; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.
If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.
There is on file a verified petition setting forth all necessary factual allegations in support of the request.
Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.
If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.
In all cases where a Party seeks to prove or challenge damages by affidavit, such affidavits shall be in compliance with the Illinois Rules of Evidence.
A prevailing plaintiff seeking costs other than filing or summons-service fees must file an itemized affidavit before judgment stating each cost’s purpose, amount actually expended, and payment date.
Court's wording
A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.
The complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282.
setting forth the title and number of the case, his or her name, address, telephone number and the name and address of the plaintiff and his or her attorney, if any
The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.
An index of exhibits, if any, shall be included that states the number of pages for each exhibit;
- Document
- Exhibit submission
Must include
- •Exhibit list
The Mediator Report must state whether the parties reached an agreement.
Court's wording
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties;
Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.
At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. The names, addresses and email addresses of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.
The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.
When a petition to admit a will or for letters of administration is filed, proof of heirship must be provided by written, court-certified testimony filed with the clerk or by an affidavit under Section 5-3 of the Probate Act.
Court's wording
When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.
An affidavit of heirship must state the decedent's date and place of death and whether there was a surviving spouse, and should also address prior marriages and the children born to or adopted from each marriage.
Court's wording
An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;
and a certification by a qualified translator that the translation of the will is true and correct.
(b) Will in Language Other Than English: When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate
In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.
(a) Holographic Will: When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate
and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.
The heirship affidavit must state whether the decedent was ever a party to a civil union or substantially similar legal relationship.
Court's wording
(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.
The heirship affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.
Court's wording
(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
If the decedent has no spouse or descendants, the heirship affidavit must identify the specified relatives and state that there are no others in those categories.
Court's wording
(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.
At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
- Document
- Heirship affidavit
Must include
- •Proposed order
(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.
(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.
(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.
(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.
An individual surety must place their residence address below their signature and, when the court requests, provide a verified affidavit and written notice agreement concerning specified real estate.
- Document
- Bond
- Placement
- Signature block
Court's wording
When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.
A petition to withdraw ward funds must be presented in person by a specified person unless the court waives personal presentation.
Court's wording
A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.
A guardian’s petition for an expenditure from a ward’s estate must state the estate’s present value, available annual income, and expenditure purpose, and list all payments received by the ward or petitioner in the specified capacities.
Court's wording
A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.
The representative’s bond must be in writing and signed by the representative, even if security is excused by the will or statute.
Court's wording
Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.
A notice of hearing must include the specified statement or substantially similar language explaining the binding effect of an approved account.
Court's wording
The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”
The notice of hearing shall contain the time, date, place and nature of the hearing
A verified petition executed by the legal representative is required for the specified settlements involving a minor or ward and must include the listed information and supporting medical report or letter.
Court's wording
To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis. (5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.
In cases where no independent attorney has been employed by the legal representative of the minor or ward, the court shall, and in all other cases may, appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement and to report his or her findings and recommendations before approval of the proposed settlement.
The court must continue the case to a specific date for filing a depository voucher that acknowledges receipt of the funds and settlement order and includes the stated no-withdrawal language.
Court's wording
The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: “No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}.”
A citation petition presented for filing must be accompanied by the proposed citation with a return date coordinated with the Clerk and a proposed order, or the Clerk shall reject it.
Court's wording
Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.
If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s estate, restrict disposition without court leave, and require the guardian to file proof of payments.
Court's wording
Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.
The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.
such petition of record and then present the petition, the proposed citation and the proposed order to the presiding judge for entry of the order.
- Document
- Petition
Include
- •Proposed order
Rule 9-8 and Rule 9-10(b) and (c) shall be highlighted or in bold type in such notice.
Each proposed exhibit must be submitted as a separate file named to identify the offering party and exhibit number.
Court's wording
Each proposed exhibit shall be submitted as a separate file with a file name that reflects the party offering it and the exhibit number (e.g., PlaintiffExhibit1, PetitionerExhibit2, DefendantExhibit3, RespondentExhibit4, etc.);
The subject line for a submission email shall include the case number and the last name of at least one party;
The mediator must prepare a written summary of agreements in a format that facilitates later signature and provide a copy to the parties and their attorneys, if any.
Court's wording
(e) Written Agreements: The mediator shall summarize, in writing, the agreements reached by the parties in a format that would facilitate this summary being later signed by the parties as their final agreement. A copy of this summary shall be given to the parties and their attorneys, if any.
If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.
When the stated conditions apply, the court may direct that a minor’s monetary share be deposited and paid out under Section 24-21 upon a sworn showing that doing so is in the minor’s best interests.
Court's wording
If a minor is entitled to a distributive share of a decedent's estate and: (1) The share consists entirely of money, and (2) No guardian has been appointed for his estate, the Court, upon a showing under oath that it is in the best interests of the minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Illinois Probate Act.
The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.
If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed.
Filing & Service rules
Electronic Filing Rules
Remote-hearing submissions must be made through the county e-filing system or a Dropbox account designated by the Court or Circuit Clerk.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | 10-8 Remote Appearances (f)(4) Rules and Procedures
Documents supplied in response to a discovery request must not be filed with the Circuit Clerk.
The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.
Page 12 | RULE 6. DISCOVERY
Filing Timing and Cure Windows
A motion to reinstate must be filed within thirty days from the date of the dismissal notice to avoid the case being barred from redocketing under this provision.
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.
Page 13 | RULE 7. PRE-TRIAL PROCEDURE — 7-3 Dismissal for Want of Prosecution
Required Financial Affidavits must be filed by the earlier of the proposed-parenting-plan deadline under 750 ILCS 5/602.10 or at least five days before the contested-issues hearing, unless the Court orders otherwise.
Financial Affidavits, when required, shall be filed within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.
Page 16 | RULE 8-3(d)
The proposed-disposition statement is due by the earlier of the parenting-plan deadline under 750 ILCS 5/602.10 or at least five days before the contested-issues hearing, unless the court orders otherwise.
within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.
Page 17 | 8-4 Statement of Proposed Disposition
Notify the Clerk of the Court, in writing at least five (5) days prior to the appearance date on the summons, that he or she wishes to contest the claim
Notify the Clerk of the Court, in writing at least five (5) days prior to the appearance date on the summons, that he or she wishes to contest the claim
Page 19 | 9-6 Response by the Defendant
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
Page 21 | RULE 10. ADMINISTRATIVE RULES
Documents intended for the court’s review at a remote hearing must be submitted through the county e-filing system or designated Dropbox account at least 48 hours before the hearing.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | 10-8 Remote Appearances (f)(4) Rules and Procedures
Each party must file a financial affidavit before entry of the Mediation Order unless the parties agree on how to divide the mediation fee.
Each party must file a financial affidavit prior to the Mediation Order being entered, unless the parties agree on the division of the mediation fee.
Page 30 | 11-7 Referral Procedure
The Mediator Report must be filed before the status date and within fourteen days after the mediation conference ends.
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference
Page 30 | 11-8 Mediator Report
The final draft of each mediated agreement must be presented to the court within 28 days after mediation concludes.
The final draft of each mediated agreement shall be presented to the court within twenty-eight (28) days following conclusion of mediation.
Page 32 | 11-11(a) Presentation of Order
The mediator must file a report in the Chief Judge’s prescribed form within 14 days after mediation terminates.
Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.
Page 36 | RULE 12. CIVIL MEDIATION
Mediation must be completed within seven weeks of the first conference unless the court orders or the parties stipulate to an extension.
Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by the order of the court or by stipulation of the parties.
Page 36 | RULE 12. CIVIL MEDIATION
Unless the court excuses the requirement, the petitioner must file receipts for all sums expended within 30 days after entry of the withdrawal order.
Unless otherwise excused by the Court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended.
Page 40 | 13-6(a) Petition to Withdraw
Service and Proof of Service Rules
Notice that additional relief has been sought must be given in accordance with Supreme Court Rule 11.
Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.
Page 10 | RULE 5. MOTIONS
The party requesting a hearing must give written notice to the specified parties, with notice of a motion made within a court day of trial given as directed by the court.
Written notice of the hearing of all motions shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice of motion made within a court day of trial shall be given as directed by the court.
Page 10 | RULE 5. MOTIONS
Unless otherwise provided, notice of a motion hearing must be served no later than the second court day before the hearing.
Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than the second court day preceding the hearing.
Page 11 | RULE 5. MOTIONS
The attorney obtaining an order after a motion is heard without prior notice must serve the written notice on all parties not previously found in default and file proof of service with the clerk within two days after the hearing.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.
Page 11 | RULE 5. MOTIONS
A summary judgment motion may not be heard until ten days after service of the notice of motion under Supreme Court Rule 11.
A motion for summary judgment will not be heard before ten (10) days after service of the notice of motion under Supreme Court Rule 11.
Page 11 | RULE 5. MOTIONS
Notice must be served in the manner and on the persons described in Supreme Court Rule 11.
(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | RULE 5. MOTIONS
The Clerk must mail notice of a dismissal for want of prosecution to all pro se parties and attorneys of record within ten days after dismissal.
Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal.
Page 13 | RULE 7. PRE-TRIAL PROCEDURE — 7-3 Dismissal for Want of Prosecution
Mail service of a subpoena may be proved prima facie with the specified certified or registered mail return receipt and affidavit, provided delivery occurred at least fourteen days before compliance is due.
Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his or her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and reasonable copy charges enclosed.
Page 14 | RULE 7. PRE-TRIAL PROCEDURE — 7-4 Subpoenas in Criminal Cases
A copy of the subpoena and notice of service must be mailed first class to every party who has appeared within forty-eight hours after issuance.
A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:
Page 14 | RULE 7. PRE-TRIAL PROCEDURE — 7-4 Subpoenas in Criminal Cases
Subpoenas issued under this rule must be served in accordance with the Supreme Court Rules.
Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.
Page 14 | RULE 7. PRE-TRIAL PROCEDURE — 7-4 Subpoenas in Criminal Cases
Each defendant must be served with a summons substantially conforming to Supreme Court Rule 101(b), together with a copy of the complaint.
Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.
Page 18 | 9-1 Summons
File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12
File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12
Page 19 | 9-6 Response by the Defendant
Unless a judge has already required or allowed the remote appearance, a person needing judicial approval must seek permission by written motion filed, scheduled, and served under Local Rule 5.1.
Unless already required or allowed by the presiding judge or the judge specifically assigned to the case, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) under circumstances that require approval of the judge presiding over the matter under S. Ct. R. 45, must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.
Page 21 | 10-8 Remote Appearances (c) Scheduling
A copy of the mediation letter must be submitted to the other party or, if represented, their counsel.
a copy of same must be submitted to the other party or their counsel, if represented.
Page 30 | 11-7 Referral Procedure
An attorney who submits a letter to the mediator must provide a copy to opposing counsel or the opposing party.
The attorney shall provide a copy of such letter to the opposing counsel or party.
Page 31 | 11-9(c) Attorney Letter to Mediator
The Clerk must mail notice that the account is due and notice of the account hearing’s date and time to the attorneys of record or, if there are none, to the representative.
The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.
Page 42 | 13-8 Periodic Accounting (d) Periodic Accounting Not Filed
Notice of the hearing must be given and served in accordance with Illinois Supreme Court Rules 11 and 12.
The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.
Page 42 | 13-8 Periodic Accounting (e) Notice of Accounting
When issuing a required Rule to Show Cause, the Clerk must mail all persons interested in the estate administration, including unpaid creditors, notice of the contempt proceeding and its return date.
At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 42 | 13-8 Periodic Accounting (d) Periodic Accounting Not Filed
Unless waived by the entitled person, notice of the hearing must be given to any ward, qualifying claimant, and other interested persons.
Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains undetermined or unpaid (if any), and to all other interested persons (as defined by Section 1-2.11 of the Illinois Probate Act, if any).
Page 42 | 13-8 Periodic Accounting (e) Notice of Accounting
For personal service or delivery to an attorney’s office or an unrepresented party’s residence, notice delivered before 4:00 p.m. is complete that day and notice delivered at or after 4:00 p.m. is complete the next court day; other methods follow Supreme Court Rule 12.
If a notice of hearing is delivered before 4:00 p.m. by either personal service, or by leaving it in the office of a party’s attorney or at an unrepresented party’s residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery. Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12.
Page 11 | RULE 5. MOTIONS
In civil matters, an original discovery request must be served on the directed party or parties, and a copy must not be filed with the Clerk.
In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed. A copy of the request shall not be filed with the Clerk of the Court.
Page 12 | RULE 6. DISCOVERY
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
Page 15 | RULE 7-4
If an estate has had no activity for at least one year, the Court may set a status call and direct the Clerk to notify the attorney of record, the personal representative, or both at their last known address.
Whenever the Court determines that there has been no activity in an estate for a period of not less than one (1) year, the Court may set the estate for status call and direct the Clerk to give notice of the time, date and place to the attorney of record, the personal representative, or both, at their last known address.
Page 41 | 13-7 Dormant Estates
Filing Fees and Waivers
A jury demand and payment of the jury fee are required before the Court sets the case for jury trial.
Upon a demand for trial by jury and payment of the jury fee, the Court shall set the cause for jury trial following such pretrial conferences, settlement conferences and other proceedings as the court deems appropriate.
Page 19 | 9-9 Demand for Trial by Jury
Sealing & Redaction Procedures
Unless the Court orders otherwise, the Clerk must impound filed Financial Affidavits and limit access to the specified persons and anyone else the Court directs.
Unless otherwise ordered by the Court, any Financial Affidavit presented for filing shall be impounded by the Clerk and shall be made available only to the Court, to an appellate court in which the proceedings are subject to review, to the parties and their attorneys of record, and to such other persons as the Court directs.
Page 16 | RULE 8-3(c)
Filing Bundling Requirements
The person seeking the specified marital-status or parental-responsibility relief, or that person’s attorney, must present the required prove-up materials in one package before testimony begins.
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following:
Page 17 | 8-5 Requirements for Judgment
Adjournment & Extension Requirements
The presiding or assigned judge may continue a remote hearing to another time or place for good cause, including the listed circumstances.
The presiding judge or the judge specifically assigned to a case shall retain the right at all times to continue a remote hearing to a different time or place, including a physical courtroom, for good cause, including but not limited to an unmanageable number of participants in the hearing, poor connections or other conditions that interfere with the ability of the court to conduct the remote hearing, or any other condition that unduly interferes with the rights of a party to a fair hearing.
Page 24
An extension request must be in writing and explain its reasons; for good cause, the Court may consider it without notice or hearing, but may direct notice to interested parties of any new hearing date.
Requests for an extension of time to a definite date or for an order allowing the accounting in a particular estate less frequently than above provided shall be made by written request of the personal representative, or his or her attorney, specifying the reasons for the request. On a showing of good cause, this request may, in the Court’s discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.
Page 41 | 13-8 Periodic Accounting (c) Requests for Extension of Time to File
The mediator may adjourn and set a reconvening time at any time, and parties present at the adjourned conference need not receive further notice.
(f) Adjournments: The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. No further notification is required for parties present at the adjourned conference.
Page 35 | RULE 12. CIVIL MEDIATION