7th Judicial Circuit Court, Morgan County, Illinois
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Video Witness Appearance Motions
Communication
Phone
Document Format Requirements27 rules
Remote hearing participants, including attorneys and testifying witnesses, must appear by video and audio with their cameras on.
Court's wording
Video and Audio: Any person participating in the remote hearing, whether an attorney or a witness testifying, must appear by both video and audio. The camera must be turned on so the judge can see the attorney and/or witness;
An applicant denied inclusion on or removed from the court-approved list may appeal the decision in writing within ten (10) days to the Chief Judge or his/her designee.
The proposed resolution of the mediated issues will be documented in a written summary.
Attorneys seeking appointment as a guardian ad litem must apply in writing to the designated judge.
- Appointment application
Formatting
- •The application must be in writing
Court's wording
WHEREAS, Attorneys seeking appointment as a guardian ad litem in matters involving allocation of parental responsibilities shall apply in writing to the Presiding Judge of each county or, for Sangamon County, Chief of the Family Division.
An appeal from removal must be submitted in writing to the Chief Judge within ten days.
Court's wording
A removed guardian ad litem, child representative, or attorney for children may appeal the decision in writing within ten (10) days to the Chief Judge who shall decide the appeal after allowing the individual an opportunity to be heard.
Media personnel must demonstrate equipment compliance to the judge reasonably in advance, obtain advance judicial approval, and have all equipment and personnel in place at least 15 minutes before the proceeding.
Court's wording
It shall be the duty of media personnel to demonstrate to the judge reasonably in advance of the proceeding that the equipment sought to be used meets the criteria set forth in this section. Failure to obtain advance judicial approval for equipment may preclude its use in the proceeding. All media equipment and personnel shall be in place at least fifteen minutes prior to the scheduled time of commencement of the proceeding.
Individuals seeking court appointment as family mediators must submit their applications in writing.
- Mediator application
Formatting
- •The application must be in writing
Court's wording
WHEREAS, individuals seeking court appointment as a family mediator shall apply in writing and have received training or shall possess such experience to be equivalent to such training as required by the Chief Judge of the Seventh Judicial Circuit.
Environment: All participants must be in an environment free of video and/or audio distractions;
When a participant is not speaking, the participant shall mute his or her microphone;
Formatting
- •Participants must mute their microphones when they are not speaking
There will be no interruptions or distractions for the duration of the witness's testimony and appearance at the remote hearing.
Attorneys must wear appropriate business attire for court appearances, and parties should wear business-casual attire if possible.
Court's wording
Business Attire: For court appearances, whether in-person or remote hearings, attorneys shall dress in appropriate business attire (i.e., suits, sport coats and ties, pantsuits, dresses, and skirts). At a minimum, the parties should also dress in business-casual if possible.
Attorneys and parties shall also advise their witnesses to dress in
Witnesses should review and have appropriately identified copies of relevant documents, and may refer to or read from them only when instructed; the preparation provision does not apply to cross-examination or adverse-witness materials.
Court's wording
The witness should have recently read all affidavits, statements, and documents before the remote hearing and have a copy of those documents with them and identified in the same matter as the documents are filed with the clerk. (Note: The witness will only be allowed to refer to and/or read from said documents when instructed to do so.) This provision is not mandatory for materials to be used in cross examination or in the examination of an adverse witness.
The witness is alone in a secure room with the doors closed.
All persons must use their real names (not aliases) while online to ensure they will not be prevented from entering the hearing;
The initial case management order must be in a form consistent with Appendix A.
Court's wording
At the conclusion of the initial case management conference, the parties shall submit to the court a completed initial case management order in a form consistent with Appendix A to these rules, which shall provide, at a minimum, the following:
The final pre-trial memorandum must substantially comply with Appendix B1 when there are children and Appendix B2 when there are no children.
Court's wording
Prior to the commencement of trial, the parties shall present to the court a final pre-trial memorandum, which includes, at a minimum, the following, in a form that substantially complies with Appendix B1 (with children) and Appendix B2 (without children).
Audio equipment must be unobtrusive and technically adequate; changes to existing systems require the presiding judge's approval, cannot be made at public expense, and counsel and judge microphones must have power switches.
Formatting
- •Modifications of existing systems may not be made at public expense
Court's wording
Microphones, wiring and audio recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the covered judicial proceedings. Any changes in existing audio systems must be approved by the presiding judge. No modifications of existing systems shall be made at public expense. Microphones for use of counsel and judges shall be equipped with power switches to facilitate compliance with subsections 1.2(e) and (f) of this policy.
Still cameras and lenses must be unobtrusive without distracting light or sound.
Television cameras, together with any related equipment to be located in the courtroom, must be unobtrusive in both size and appearance, without distracting sound or light.
Flashbulbs and other artificial light devices are prohibited, but existing courtroom light sources may be modified with judicial approval if the modifications are installed and maintained without public expense.
Court's wording
Other than light sources already existing in the courtroom, no flashbulbs or other artificial light device of any kind shall be employed in the courtroom. With the approval of the judge, however, modifications may be made in light sources existing in the courtroom (e.g., higher wattage light bulbs), provided modifications are installed and maintained without public expense.
No light or signal visible or audible to participants in the proceeding shall be used on any equipment during extended coverage to indicate whether it is operating.
Equipment to be used in courtrooms during judicial proceedings must be unobtrusive and must not produce distracting sound.
Requests for the circuit's list of certified family mediators must be made in writing.
- Mediator list request
Formatting
- •The request must be in writing
Court's wording
NOW THEREFORE, IT IS HEREBY ORDERED, that a list of certified mediators approved to serve as a Family Mediator before courts of the Seventh Judicial Circuit shall be maintained by the Office of the Chief Judge and made available by request in writing.
If feasible, the Court may resolve an objection by allowing the objecting party to attend the noticed hearing in person.
Court's wording
If any party objects to conducting the noticed hearing remotely or to the platform designated, that party, as soon as practicable, shall file the party's objection in writing and notice the objection for hearing before the noticed remote hearing. If feasible, the Court may resolve the objection by allowing the objecting party to attend the noticed hearing in-person.
The forms are ADA accessible, and you can handwrite or type into the PDF form.
A request for an approved-attorney list must be made in writing.
Formatting
- •The request must be in writing
Court's wording
NOW THEREFORE, IT IS HEREBY ORDERED, that a list of approved attorneys to appoint as a guardian ad litem before courts of the Seventh Judicial Circuit shall be maintained by individual counties and made available by request in writing.
Document Filing Requirements83 rules
Judges of this Circuit shall enter a fully completed Uniform Order of Support, in each case in which a child support or spousal obligation is created or modified, and
a. that the hearing is to be conducted remotely;
In addition to the date, time, and subject matter of the hearing, said Notice shall also specify:
The Court may consider allowing an otherwise presumed ineligible case to proceed to a remote hearing if all parties agree and present the Court with a proposed Agreed Order.
c. contact information, including e-mails and telephone numbers, should the other participants have technical difficulties;
d. if an Order has been entered allowing the parties to appear remotely, then said Order shall also be attached to the Notice; and
b. the specific zoom/platform log-in information (ID and passcode);
If the Court agrees to hear the matter remotely, notice of the remote hearing shall be provided as set forth in subparagraph B above.
In the stated circumstances, the Notice must explain the opposing party’s in-person and remote participation options and how to request remote participation.
Court's wording
If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.
e. when applicable, the individual judge's set of instructions/expectations for remote hearings must be attached to the Notice.
A party objecting to a remote hearing or its designated platform must file a written objection and notice it for hearing before the remote hearing.
Court's wording
If any party objects to conducting the noticed hearing remotely or to the platform designated, that party, as soon as practicable, shall file the party's objection in writing and notice the objection for hearing before the noticed remote hearing.
Witness Lists: At least three (3) days prior to a hearing, the parties shall file a list containing names and e-mail addresses of the attorneys, parties, and witnesses (if any) who will attend the hearing.
In every summons or petition, the State's Attorney shall provide notice of whether the appearance is in-person or on Zoom and shall provide the appropriate Notice of Rights.
In every change of date notice, the Circuit Clerk shall provide notice of whether the appearance is in-person or remotely on Zoom along with the appropriate Notice of Rights.
Notices of motions must state whether the appearance is in person or by Zoom; Zoom notices must include the specified language and meeting details if known.
Court's wording
Notices of Motions. Notices of motions shall contain language indicating whether the appearance is in-person or over Zoom pursuant to the court's standing orders or adopted remote hearing instructions. If noticed for Zoom, the notice shall contain language "Parties shall attend the presentment of this motion remotely on Zoom" and shall provide the Meeting ID, Password, call in information or link to the meeting, if the Zoom link information is known.
When news media is present at any portion of a civil or criminal trial, the judge must give the specified jury instruction.
Court's wording
(b) Jury Instruction. The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.
Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.
The objection states the fair-trial basis for good cause and calls for specific supporting facts and circumstances.
Court's wording
2. There is good cause to believe that the presence of extended media coverage, under the circumstances of the proceeding, would materially interfere with the right of the parties to a fair trial. The specific facts and circumstances in support of the allegation are described as follows:
A self-represented litigant shall file an entry of appearance which may be obtained by clicking the following Entry of Appearance.
At the time of the filing of any action that may result in the payment of child support, the party filing the action is required to file a child support data sheet with the Clerk, in a form as provided by the Clerk.
When neither party resides in the county where the initial pleading is filed, petitioner’s counsel must file a venue-waiver motion with the pleading and have it heard and decided before any other issue.
Court's wording
In any case brought pursuant to the Illinois Marriage and Dissolution of Marriage Act where neither petitioner nor respondent resides in the county; where the initial pleading is filed, counsel for the petitioner shall file with said pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of the Marriage and Dissolution of Marriage Act, 750 ILCS 5/104.
A summons requiring appearance within 30 days after service as set forth in Supreme Court Rule 101(d) will be utilized by this court.
An attorney shall file their written appearance or other pleading before they address the court unless they are presenting a motion for leave to appear by intervention or otherwise.
An inmate seeking leave to sue or defend as a poor person must submit a trust fund ledger showing all deposits and withdrawals for the six months immediately preceding submission of the petition.
Court's wording
In all family cases in this circuit in which leave is sought by an inmate of a correctional institution to sue or defend as a poor person, the petition for leave to sue or defend as a poor person shall be accompanied by a copy of the inmate's trust fund ledger indicating all deposits and withdrawals made to the inmate's trust fund account for the six months immediately preceding the submission of the petition.
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 thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
A notice of hearing must identify the motion judge, action title and number, hearing date and time, and the nature of the motion.
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.
Certification shall be filed with the clerk of the circuit court. If identical requests are made of multiple parties, they may be included in one certification.
A party objecting to a discovery request, seeking to enforce compliance, or challenging the sufficiency of a response must attach and file all relevant discovery with the motion.
Court's wording
Whenever any party has objection to any requests, or seeks to enforce compliance with any request or otherwise addresses a motion to the sufficiency of a response, they shall attach to their motion and file with the Circuit Clerk, a copy of all relevant discovery in order that the court may properly consider the motion.
An objection to a discovery request or a motion to enforce compliance must be filed with a certificate stating the required consultation and resolution efforts or the stated circumstances excusing them.
Court's wording
Prior to filing any objection to any requests or filing a motion to enforce compliance with any request, the party so filing is required to file with the objection or motion a certificate that states that counsel have been unable to resolve discovery differences after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord or that opposing counsel has made himself or herself unavailable for personal consultation or was unreasonable in attempts to resolve differences, as required by Supreme Court Rule 201 (k).
All orders presented to the court for entry shall demonstrate proof of service upon all opposing parties in compliance with Supreme Court Rule 11.
In family matters, counsel must file a compliance certification with the Circuit Clerk describing the documents filed in reference to the request, but must not file the documents supplied in the discovery response.
Court's wording
Proof of compliance with requests for discovery in all family matters (including interrogatories and requests for production) shall be made by filing with the Circuit Clerk the certification of counsel showing that compliance has been accomplished. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in the response to discovery requests shall not be filed with the clerk of the circuit court.
Proof of service of any request for discovery shall be made by certification of counsel briefly describing the request made, together with proof of service on the party to whom they were directed.
A copy of discovery requests served on non-parties, including document-only deposition subpoenas, must be filed with the clerk.
Court's wording
Notwithstanding the foregoing, a copy of any discovery request served upon a non-party, including subpoenas for deposition for documents only, shall be filed with the clerk and served upon the opposing party in accord with Supreme Court Rule 104 (b).
A discovery request to a mental-health-services provider requires leave of court and an attached written order, and must be returnable in open court for in-camera review.
Court's wording
Any discovery request served upon a provider of mental health services may be made only with leave of court, upon written order to be attached to the discovery request, and returnable in open court for in camera review by the court for a determination of whether the documents may be produced.
In the specified proceedings, the parties must file an affidavit showing at least current income, debts, assets, and liabilities by the initial case management conference, unless good cause is shown.
Court's wording
In all proceedings involving petitions for attorney's fees, court costs, maintenance, support and/or children and modification of any previous orders relating thereto, an affidavit of the parties showing, at a minimum, current income and debts, assets and liabilities shall be filed with the clerk at or before the initial case management conference, except for good cause shown.
The party presenting an affidavit pursuant to this rule is under an affirmative duty to seasonably update the affidavit.
The parents shall show proof of completion of an approved parenting education program as required by Supreme Court Rule 924, provide a fixed schedule for compliance, or show cause to excuse compliance.
If the parents agree, they must provide an agreed parental-responsibilities order and parenting plan; absent court approval otherwise, the plan must comply at least with the standardized Parenting Plan.
Court's wording
The parents shall provide the court with an agreed order regarding parental responsibilities and an agreed parenting plan, if there is an agreement. Unless otherwise approved by the court, the parenting plan shall comply, at a minimum, with the standardized Parenting Plan which can be accessed by clicking on the following Parenting Plan.
Each application shall be accompanied by a financial affidavit, in a form consistent with the financial affidavit set forth in section 3 hereinabove.
At the end of the initial case management conference, the parties must submit a completed initial case management order addressing the listed minimum topics.
Court's wording
At the conclusion of the initial case management conference, the parties shall submit to the court a completed initial case management order in a form consistent with Appendix A to these rules, which shall provide, at a minimum, the following: a. The status of the parties; b. Parenting class compliance; c. The temporary residential status of the children of the parties; d. Any temporary agreements with regard to child support; e. Whether parental responsibility allocation or parenting time is at issue; f. Mediation; g. Discovery issues; h. A date and time for the next case management conference.
The court shall monitor each party’s participation in mediation through the use of status reports to certify participation, which status reports are to be submitted to the court no less than 30 days after the initial case management conference.
Before trial, the parties must present a final pre-trial memorandum containing at least the listed information.
Court's wording
Prior to the commencement of trial, the parties shall present to the court a final pre-trial memorandum, which includes, at a minimum, the following, in a form that substantially complies with Appendix B1 (with children) and Appendix B2 (without children). a. The name, address, date of birth and current employment of each party; b. The name, date of birth and school and/or child care facility for each child; c. Agreements between the parties; d. The issues presented to the court by each party; e. Any stipulations agreed to by the parties; f. A list of potential witnesses; g. A list of potential trial exhibits; h. A list of assets, including the proposed value to be assigned to each asset; i. A list of household goods and related personal property at issue, including the proposed value to be assigned to the property; j. A list of debts, both as to current balance and minimum monthly payment; k. A list of property and debts that are claimed to be non-marital and a brief statement of the basis for the claim; l. Proposed resolution regarding parental responsibility allocation and parenting time; m. Proposed calculations of net income, child support and/or maintenance; n. An itemized proposed distribution of property and debts; o. Attorneys fees and costs of litigation;
The attached Judgment – Sentence to the Illinois Department of Corrections order must be entered in cases where a defendant is sentenced to IDOC confinement.
Court's wording
IT IS HEREBY ORDERED, that the attached Judgment – Sentence to the Illinois Department of Corrections orders shall be entered in all cases that involve a defendant who has been sentenced to confinement in the Illinois Department of Corrections for the term of years and months specified for each offense.
Filing & Service rules
Electronic Filing Rules
Summonses, notices, motions, and other documents may not be filed by fax, email, or other electronic transmission methods.
Filing of any summons, notice, motion or other document via facsimile, electronic mail or other electronic transmission methods is not allowed.
Page 1 | RULE 301. FILING AND APPEARANCE REQUIREMENTS — Form of Summons
Filing Timing and Cure Windows
An applicant denied inclusion on or removed from the mediator list may appeal in writing within ten days.
Denial/Removal from List: An applicant denied inclusion on or removed from the court-approved list may appeal the decision in writing within ten (10) days to the Chief Judge or his/her designee.
Civil cases
Page 2 | Denial/Removal from List
If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.
If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.
Page 3 | IV. SCHEDULING a Remote Hearing
A written objection to a remote hearing or its designated platform must be filed as soon as practicable and noticed for hearing before the remote hearing.
If any party objects to conducting the noticed hearing remotely or to the platform designated, that party, as soon as practicable, shall file the party's objection in writing and notice the objection for hearing before the noticed remote hearing.
Page 3 | IV. SCHEDULING a Remote Hearing
The parties must file the witness list at least three days before the hearing.
Witness Lists: At least three (3) days prior to a hearing, the parties shall file a list containing names and e-mail addresses of the attorneys, parties, and witnesses (if any) who will attend the hearing.
Page 4 | V. PROCEDURE for Remote Hearings
If the attorneys do not agree to a witness appearing by video, the party calling the witness must file a motion seeking permission at least 14 days before the hearing or trial.
If there is no agreement among the attorneys for a witness to appear by video, it is the responsibility of the litigant or attorney calling the witness to file a motion to allow the video appearance of a witness(es) at least 14 days in advance of the hearing/trial.
Page 5 | VI. FAMILY DIVISION
Requests for extended media coverage must be filed with the circuit clerk as soon as practicable and at least 7 days before the proceeding, unless shorter notice is prescribed or the proceeding was scheduled less than 7 days in advance.
All requests for extended media coverage shall be filed with the circuit clerk as soon as practicable, but not less than 7 days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least 7 days in advance (for example, an initial appearance in a criminal proceeding or a temporary restraining order in a civil proceeding).
Page 3 | 4.0 Procedural
The objection must be filed with the Clerk before the witness’s testimony begins.
4. This objection is filed with the Clerk of the Court prior to the commencement of my testimony.
Page 1 | OBJECTION OF WITNESS TO REQUEST FOR EXTENDED MEDIA COVERAGE OF TESTIMONY
The objection must be filed within three days after receiving notice of the request for extended media coverage.
This objection is filed within three (3) days of receiving notice of the request for extended media coverage.
Page 1 | OBJECTION OF PARTY TO REQUEST FOR EXTENDED MEDIA COVERAGE
Every motion must be filed with the Circuit Clerk, if the office is open, before applying to a judge for an order.
Every motion shall be filed in the office of the Circuit Clerk, if that office is open, before application to a judge for an order.
Page 2 | RULE 302. MOTIONS — Motions and Notice Requirements
A party who appears without summons must plead within the period that would apply if summons had been served on the day of appearance.
A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he appears.
Page 2 | RULE 301. FILING AND APPEARANCE REQUIREMENTS — Time to Plead
The moving party must call a filed motion for hearing within 90 days of filing or the Court may strike it without notice; the Court may also set the motion for hearing on its own at any time.
The burden of calling for hearing any motion previously filed is on the party making the motion. The court may at any time on its own motion set any such motion for hearing. If any such motion is not called for hearing within ninety (90) days from the date it is filed, the court may strike the motion without notice.
Page 3 | Failure to Call Motion to Hearing
Proof of service of the notice must be filed 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 thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 3 | Notice of Hearing of Motion
The required affidavit is due at or before the initial case management conference, unless good cause is shown.
In all proceedings involving petitions for attorney's fees, court costs, maintenance, support and/or children and modification of any previous orders relating thereto, an affidavit of the parties showing, at a minimum, current income and debts, assets and liabilities shall be filed with the clerk at or before the initial case management conference, except for good cause shown.
Page 5 | Affidavit of parties
An affidavit may not be filed with the court or counsel if it was executed more than 14 days before the hearing at which it is tendered.
No affidavit may be filed with the court or counsel if executed more than 14 days prior to the date of any hearing in which said affidavit is tendered.
Page 6 | Affidavit of parties
An applicant denied inclusion on or removed from the court-approved list may submit a written appeal to the Chief Judge or designee 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 Chief Judge or his/her designee.
Page 13 | Denial/Removal from List
When the stated conditions are met, the mediating judge must enter and file the provisional order within 21 days after mediation concludes.
In cases in which agreement has been reached on all or some qualifying issues and the mediating judge has found that agreement on at least one such issue could reasonably be in the best interest of the child or children, the mediating judge shall, within 21 days after conclusion of a mediation, enter and file in the pending case a provisional order which shall contain the agreed terms and conditions with which the mediating judge has made positive finding and shall also specify issues as to which agreement was either not reached or was not the subject of positive finding by the mediating judge.
Page 25
A mediating party must file any motion and affidavit seeking vacatur within 21 days after the Clerk transmits the provisional order.
provided, however, that the mediating judge may, in his or her discretion, vacate a provisional order or any portion thereof, and resume judicial mediation for such period as said judge determines, upon the basis of motion and affidavit filed by a mediating party within 21 days after the Clerk’s transmittal of such provisional order and asserting evidentiary facts indicating that (1) the affiant misunderstood substantial practical or legal implications of the agreement forming the basis of such order or (2) there exists as to the agreement underlying the provisional order grounds recognized under Illinois law for rescission of a contract.
Page 26
A removed guardian ad litem, child representative, or attorney for children may appeal to the Chief Judge within ten days.
A removed guardian ad litem, child representative, or attorney for children may appeal the decision in writing within ten (10) days to the Chief Judge who shall decide the appeal after allowing the individual an opportunity to be heard.
Civil cases
Page 2 | III. Establishment of List
Counsel proposing to introduce a witness's testimony must advise the witness of the right to object, and witness objections must be filed before the proceeding begins.
All witnesses shall be advised by counsel proposing to introduce their testimony of their right to object to extended media coverage, and all objections by witnesses shall be filed prior to the commencement of the proceeding.
Page 3 | 1.3 Procedural
The media coordinator must notify the judge at least 14 days before the proceeding, or as soon as practicable after scheduling if the proceeding is set less than 14 days ahead.
The media coordinator shall inform the judge at least 14 days in advance of the time the proceeding is scheduled to begin. When the proceeding is not scheduled at least 14 days in advance, however, the media coordinator shall give notice of the request as soon as practicable after the proceeding is scheduled.
Page 3 | 1.3 Procedural
A party's objection to expanded media coverage must be filed at least three days before the proceeding begins.
A party objecting to expanded media coverage shall file a written objection, stating the reasons, at least three (3) days before commencement of the proceeding.
Page 3 | 1.3 Procedural
An objection to extended media coverage must be filed at least three days before the proceeding begins.
3. The objection is filed at least three (3) days prior to commencement of the proceedings for which extended media coverage has been requested.
Page 7 | Objection of Party to Extended Media Coverage of Testimony
A witness’s objection must be filed with the Clerk of the Circuit Court before the matter begins.
4. I understand that this objection must be filed with the Clerk of the Circuit Court prior to the beginning of the matter.
Page 8 | Objection of Witness to Extended Media Coverage of Testimony
The notice must give parties 30 days to claim exhibits before an order disposing of them is signed.
The notice shall advise the attorneys or parties that if the exhibits are not claimed within 30 days of the Clerk's notice, an order disposing of all exhibits shall be signed by the trial judge or, if unavailable, the Presiding Judge of the County.
Page 1 | Disposal of Exhibits
The Sheriff and Clerk must certify to the court within 14 days that the destruction is complete.
Within 14 days the Sheriff and Clerk shall certify to the court that the destruction has been completed.
Page 1 | Disposal of Exhibits
If no appeal has been filed, the Clerk must send notice about release of admitted exhibits 60 days after final judgment.
Sixty (60) days after entry of final judgment, if no appeal has been filed, the Clerk of the Court shall send notice to all attorneys of record or to the party pro se stating that all exhibits received into evidence shall be released to the party offering said exhibits.
Page 1 | Disposal of Exhibits
A witness may object to extended media coverage in writing or orally before testifying and as soon as practicable.
Witnesses may file a written objection or make an oral objection to extended media coverage prior to testifying and as soon as practicable.
Page 3 | 4.0 Procedural
A party should file a reasoned written objection within 3 days after receiving notice, subject to a different period prescribed by the court or permission to object orally.
Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request. Objections may be made outside the 3-day window as the court prescribes. The court may also allow oral objections.
Page 3 | 4.0 Procedural
Motions seeking the specified child-interest or parental-responsibility evaluation must be made at the earliest practical opportunity.
Motions that seek an evaluation of a child’s interests pursuant to 750 ILCS 5/604.10 or an investigation and report concerning parental responsibility pursuant to 750 ILCS 5/604.10 shall be made at the earliest practical opportunity.
Page 7 | Parental Responsibility Evaluations
Mediation status reports are to be submitted no less than 30 days after the initial case management conference.
The court shall monitor each party’s participation in mediation through the use of status reports to certify participation, which status reports are to be submitted to the court no less than 30 days after the initial case management conference.
Page 7 | Monitoring of Mediation
The request form asks the filer to indicate whether the request is filed at least fourteen in advance of the proceeding and to explain if it is filed less than fourteen in advance.
4. This request for extended media coverage is filed: ________________ at least fourteen (14) in advance of the proceeding identified above; or ________________ less than fourteen (14) in advance of the proceeding identified above because: ________________________
Page 6 | NEWS MEDIA REQUEST FOR EXTENDED MEDIA COVERAGE
Service and Proof of Service Rules
Once the hearing time, date, and platform are determined, the scheduling party must provide hearing notice to all other parties.
After the time, date, and platform have been determined, the party shall provide notice of the hearing to all other parties.
Page 2 | IV. SCHEDULING a Remote Hearing
A party intending to call a non-party witness at a remote hearing must provide the witness with the hearing invitation.
Non-party witness: If a party intends to call a non-party witness during a remote hearing, that party shall be responsible for providing the invitation to the remote hearing to the witness.
Page 4 | V. PROCEDURE for Remote Hearings
A pre-marked exhibit must be provided to all other parties and the Court at least three full business days before the hearing to be used.
Exhibits: No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least three (3) full business day before the hearing;
Page 4 | V. PROCEDURE for Remote Hearings
Counsel or a self-represented party intending to introduce a witness’s testimony must notify the witness of the request for or grant of extended media coverage.
Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.
Page 3 | 4.0 Procedural
An objector must notify the requestor, court media liaison, counsel of record, and unrepresented parties when filing a written objection.
At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 3 | 4.0 Procedural
The media requestor must notify the court media liaison, counsel of record, and unrepresented parties when filing the request.
At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.
Page 3 | 4.0 Procedural
Proper notice of the objection must be given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.
5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 1 | OBJECTION OF WITNESS TO REQUEST FOR EXTENDED MEDIA COVERAGE OF TESTIMONY
The objection form states that proper notice has been given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.
4. Proper notice has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 1 | OBJECTION OF PARTY TO REQUEST FOR EXTENDED MEDIA COVERAGE
Copies of a filed general or special written appearance must be served in the manner required for copies of pleadings.
If a written appearance, general or special, is filed, copies of the appearance shall be served in the manner required for the service of copies of pleading.
Page 1 | RULE 301. FILING AND APPEARANCE REQUIREMENTS — Written Appearance
The party requesting a hearing must give written notice of all motions to the other parties; notice for a motion made within a court day of trial follows the Court’s directions, and other notice must follow Supreme Court Rule 11.
Written notice of the hearing of all motions shall be given by the party requesting hearing to all other parties. Notice of motion made within a court day of trial shall be given as directed by the Court. Notice for all other motions shall be given in the manner described in Supreme Court Rule 11.
Page 3 | Notice of Hearing of Motion
A motion hearing may not be scheduled less than two court days after the effective date of service, unless the Court allows otherwise in its discretion.
No motion, unless allowed within the discretion of the Court, may be scheduled for hearing less than two (2) court days after the effective date of service as described in Supreme Court Rule 12.
Page 3 | Notice of Hearing of Motion
The party obtaining an order after a motion heard without prior notice must serve the written hearing notice on parties not found in default and follow Supreme Court Rule 11 for the manner and recipients of notice.
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 thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 3 | Notice of Hearing of Motion
The notice must be served with a copy of any written motion and all papers presented, or with a statement that those papers were previously served.
A copy of any written motion and of all papers presented or a statement that they previously have been served shall be served with the notice.
Page 3 | Notice of Hearing of Motion
In family matters, an original discovery request must be served on the party or parties to whom it is directed, and a copy must not be filed with the Circuit Clerk.
In all family matters an original request for discovery (including interrogatories and requests for production) shall be made by serving such request upon the party or parties upon whom they are directed. A copy of the request shall not be filed with the Circuit Clerk.
Page 4 | RULE 303. DISCOVERY – INTERROGATORIES, REQUESTS FOR PRODUCTION AND DEPOSITIONS.
A copy of discovery requests served on non-parties must also be served on the opposing party under Supreme Court Rule 104(b).
Notwithstanding the foregoing, a copy of any discovery request served upon a non-party, including subpoenas for deposition for documents only, shall be filed with the clerk and served upon the opposing party in accord with Supreme Court Rule 104 (b).
Page 5 | Non-party Discovery
Immediately after entry of a Judicial Mediation Order, the Clerk must send copies to the Chief Judge, counsel for represented parties, and all parties.
Upon entry of a Judicial Mediation Order, the Clerk of the court in which the case is pending shall immediately send copies of said order to the Chief Judge and to counsel for represented parties and to all parties whether self-represented or represented.
Page 24
The Clerk must immediately mail the notice of assignment to counsel and all parties.
Immediately mail copies of such notice to counsel and all self-represented and represented parties in the case;
Page 24
The mediating judge must give counsel, unrepresented parties, and the Clerk notice of the mediation setting by mail or fax at least 10 days beforehand.
Notice of such setting for mediation shall be given by the mediating judge at least 10 days in advance of the judicial mediation setting by mailed or faxed notice to counsel, unrepresented parties and the Clerk of the court in which the case is pending.
Page 24
Upon filing a provisional order, the Clerk must send copies to counsel and all parties, represented or not, and bring it to the trial judge’s attention.
Upon filing of a provisional order, the Clerk of the Court shall send copies of same to counsel and to all parties whether represented or unrepresented, and shall bring such order to the attention of the trial judge.
Page 26
The media coordinator must provide the filed notice to counsel, unrepresented parties, the court media liaison, the trial court administrator, and the expected presiding judge.
A copy of the filed notice shall be provided by the media coordinator to all counsel of record, parties appearing without counsel, the appropriate court media liaison, the trial court administrator and the judge expected to preside.
Page 3 | 1.3 Procedural
The party’s objection must include proof of service showing that a copy was provided to the listed recipients.
4. I have attached a proof of service showing a copy of this objection upon the Chief Judge of the Seventh Judicial Circuit, the Presiding Judge, Trial Court Administrator, all counsel of record, parties appearing without counsel and the media coordinator.
Page 7 | Objection of Party to Extended Media Coverage of Testimony
The Clerk must notify counsel, unrepresented parties, the media coordinator, and the media liaison.
The Clerk of the Court shall give notice to all counsel of record, parties appearing without counsel, the media coordinator and media liaison.
Page 9 | Order On Request For Extended Media Coverage
The Clerk must send the exhibit-release notice to all attorneys of record or to the pro se party.
Sixty (60) days after entry of final judgment, if no appeal has been filed, the Clerk of the Court shall send notice to all attorneys of record or to the party pro se stating that all exhibits received into evidence shall be released to the party offering said exhibits.
Page 1 | Disposal of Exhibits
Any exhibit may be released at any other time by order of the judge presiding at the trial after due notice to all interested parties and hearing.
Any exhibit may be released at any other time by order of the judge presiding at the trial after due notice to all interested parties and hearing.
Page 1 | Disposal of Exhibits
Failure to notify all counsel of record and unrepresented parties may result in denial of the extended-coverage request.
Failure to provide notice to all counsel of record and to parties appearing without counsel may result in denial of the request for extended media coverage.
Page 3 | 1.3 Procedural
The witness’s objection form asks the Clerk for assistance providing copies to the listed recipients.
5. I hereby ask the Clerk of the Circuit Clerk for assistance in providing copies of this objection to the Chief Judge of the Seventh Circuit, the Presiding Judge, Trial Court Administrator, all counsel of record, parties appearing without counsel and the media coordinator.
Page 8 | Objection of Witness to Extended Media Coverage of Testimony
Witnesses may obtain assistance from the circuit court clerk in providing objection copies to counsel, unrepresented parties, the media coordinator, and the judge.
Witnesses shall be entitled to the assistance of the clerk of the circuit court in providing copies of this objection to all counsel of record, parties appearing without counsel, the media coordinator and the judge.
Page 3 | 1.3 Procedural
Filing Fees and Waivers
An inmate’s petition must include a remittance to the Clerk capped at 50% of the inmate’s average monthly income over the preceding six months and at the full statutory fee, with the remaining statutory fee postponed until final judgment.
The petition shall be accompanied by a remittance payable to the Clerk of the Circuit Court in an amount not to exceed fifty percent of the inmate's average monthly income for six months immediately preceding the filing of the petition, but in no event to exceed the full statutory fee required of all other parties in civil cases. Payment of the balance of the statutory fee shall be postponed pending the entry of a final judgment in such causes as provided by law.
Page 2 | RULE 301. FILING AND APPEARANCE REQUIREMENTS — Filing Requirements for Inmates
A defendant must pay the $10 operations fee upon a guilty judgment or grant of supervision, except in a qualifying Rule 529 case with bail of $120 or less.
WHEREAS, pursuant to 705 ILCS 105/27.3a(1.1), the Chief Judge of the circuit has ordered that the clerk of the circuit court shall impose a fee pursuant to subsection 1 and shall charge and collect an additional $10.00 operations fee for probation and court services department operations; and WHEREAS, this additional fee shall be paid by the defendant in any felony, traffic, misdemeanor, local ordinance, or conservation case upon a judgment of guilty or grant of supervision, except such $10.00 operations fee shall not be charged and collected in cases governed by Supreme Court Rule 529 in which the bail amount is $120.00 or less;
Criminal cases
Page 1 | Probation Fee Supplemental To Operations
An inmate unable to make the partial payment for good cause may petition for review of the complaint, and the court may excuse all prepayment upon good cause and exigent circumstances.
If an inmate shows good cause why he or she cannot make the partial payment required by this rule, he or she may petition the court to review his or her complaint for the existence of a colorable question of law or fact and the court may for good cause shown, and the establishment of exigent circumstances, excuse pre-payment of fees in their entirety.
Page 2 | RULE 301. FILING AND APPEARANCE REQUIREMENTS — Filing Requirements for Inmates
No filing fee is charged for a request for extended media coverage or an objection to such coverage.
(i) There shall be no filing fees associated with filing a request for extended media coverage or an objection to extended media coverage.
Page 2 | 3.0 General
Judicial mediation is provided without charge.
ix. Judicial mediation is free of charge.
Page 23
Courtesy Copy Requirements
Courtesy copies of the motion shall be provided to the presiding judge, as well as the opponent/opposing counsel.
Courtesy copies of the motion shall be provided to the presiding judge, as well as the opponent/opposing counsel.
Page 5 | VI. FAMILY DIVISION
Counsel may, but is not required to, provide a courtesy copy to the assigned judge before any hearing.
Counsel may provide a courtesy copy to the judge assigned to the case prior to any hearing.
Page 5 | Affidavit of parties
Sealing & Redaction Procedures
The mediating judge may record portions of mediation stating or affirming an agreement, must seal and exclusively retain the recordings after mediation, and may destroy them.
The mediating judge may electronically record those portions of a mediation in which any agreement of the parties is being stated or affirmed, but shall seal and exclusively retain any such recordings upon conclusion of mediation in any assigned case and may destroy any such recordings.
Page 22 | Judicial Mediation Program (Adopted Pursuant to Illinois Supreme Court Rule 905)
Financial documents, bank records, and income-and-expense affidavits admitted as exhibits are impounded unless the court orders otherwise.
Any financial document, bank record or affidavit of income and expenses offered and received as an exhibit shall be considered impounded, unless the court orders otherwise.
Page 6 | Affidavit of parties
Filing Bundling Requirements
Media pooling is encouraged and required when necessary; the media coordinator is solely responsible for arrangements, court personnel will not mediate disputes, and unresolved pooling disputes result in exclusion of the requested coverage.
The media are encouraged to pool equipment and personnel. Where the limitations on equipment and personnel under these provisions make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media coordinator. No judicial officer or court personnel shall mediate disputes. Priority consideration shall be extended to one of the two television cameras to televise an entire proceeding from beginning to end. In the absence of agreement or in the event of unresolved disputes relating to pooling arrangements, the kind of extended coverage sought shall be prohibited and excluded from the proceeding.
Page 4 | 1.4 Technical
Pre-Motion Conference Requirements
Before filing an objection to a discovery request or a motion to enforce compliance, the filing party must personally consult and make reasonable efforts to resolve the dispute, or document the stated unavailability or unreasonableness of opposing counsel, and file a certificate describing the circumstances.
Prior to filing any objection to any requests or filing a motion to enforce compliance with any request, the party so filing is required to file with the objection or motion a certificate that states that counsel have been unable to resolve discovery differences after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord or that opposing counsel has made himself or herself unavailable for personal consultation or was unreasonable in attempts to resolve differences, as required by Supreme Court Rule 201 (k).
Page 4 | RULE 303. DISCOVERY – INTERROGATORIES, REQUESTS FOR PRODUCTION AND DEPOSITIONS.
Adjournment & Extension Requirements
Technical difficulties with a remotely called witness are borne by the party calling the witness, and the trial judge may continue the hearing because of those difficulties.
Any technical difficulty that may be encountered at the hearing bears on the party calling the witness remotely. The trial judge has the discretion of whether or not to continue the hearing due to technical difficulties.
Page 5 | VI. FAMILY DIVISION
The court may extend or reduce the advance-notice period by court order.
but these times may be extended or reduced by court order.
Page 3 | 1.3 Procedural
The judge may extend or shorten objection-filing time and may, in appropriate circumstances, extend objection rights to additional persons.
Time for filing of objections may be extended or reduced at the discretion of the judge, who also, in appropriate circumstances, may extend the right of objection to persons not specifically provided for in this policy.
Page 4 | 1.3 Procedural
Chambers Communication Rules
For an eligible or Court-approved remote hearing, the scheduling party must obtain the hearing date and time from the Court or the Court's assistant.
If a matter is presumed to be eligible for remote hearing or the parties have agreed to a remote hearing which has been approved by the Court, the party scheduling the matter shall obtain a time and date for the hearing from the Court or Court's assistant.
Page 2 | IV. SCHEDULING a Remote Hearing
A party seeking to use a platform other than Zoom must inform the Court and determine whether the Court accepts it.
If the party scheduling the matter desires a platform other than Zoom, the party shall inform the Court and determine whether the alternative platform is acceptable to the Court.
Page 2 | IV. SCHEDULING a Remote Hearing
If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.
If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.
Page 3 | IV. SCHEDULING a Remote Hearing
If all parties agree to remote hearing of a matter presumed ineligible for it, one party must contact the Court to ask whether it will hear the matter remotely.
If a matter is presumed to be ineligible for remote hearing, but all parties have agreed to a remote hearing, one of the parties shall contact the Court to determine whether the Court will hear the matter remotely.
Page 3 | IV. SCHEDULING a Remote Hearing
A party whose participation or witness requires an interpreter is responsible for coordinating with the 7th Circuit Court Administrator about the interpreter’s involvement.
Interpreter: If a party or a party's witness requires the use of an interpreter, that party shall be responsible for coordinating with the 7th Circuit Court Administrator how the interpreter will be obtained and involved in the hearing;
Page 4 | V. PROCEDURE for Remote Hearings
Counsel may not communicate ex parte with a court-appointed evaluator unless the court permits it.
Unless otherwise permitted by the court, neither counsel may engage in ex parte communications with a court-appointed evaluator.
Page 7 | Parental Responsibility Evaluations
Requests for extended media coverage must be made through the media coordinator.
All requests for extended media coverage shall be made through the media coordinator.
Page 3 | 1.3 Procedural
For a requested telephonic appearance, the Court may initiate the call, and the requesting party must provide the judge's scheduling personnel with a valid, working telephone number.
For counties utilizing telephonic hearings, the Court may initiate the telephone contact of the party requesting the remote telephonic appearance. It is the responsibility of the party requesting the telephonic appearance to provide the Judge's scheduling personnel a valid, working telephone number for the Court to initiate the call;
Page 5 | VI. FAMILY DIVISION
The judge, court media liaison, and interested media members should work through an appropriate media coordinator on extended-coverage arrangements whenever possible.
The judge, or the court's media liaison, and all interested members of the media shall work, whenever possible, with and through an appropriate media coordinator on all arrangements for extended media coverage.
Page 3 | 1.3 Procedural
Members of the public or media who want to observe a hearing should contact Court Administration for directions on attending.
Members of the public and/or media who desire to observe a hearing should contact Court Administration for directions on how to attend.
Page 7 | IX. PUBLIC ACCESS
The Court Administration Office can provide an approved mediator list by phone at 217-753-6360.
An approved list of mediators can be obtained through the Court Administration Office at 217- 753-6360
Page 31 | Family Court Rules