15th Judicial Circuit Court, Ogle County, Illinois Filing Timing and Cure Windows

CRITICAL

During business hours, file a complaint or petition seeking the specified ex parte or emergency relief with the Clerk before presenting it to the Court.

Every complaint or petition requesting an ex parte order appointing a receiver, a temporary restraining order, a preliminary injunction, a domestic violence order, or any other emergency relief shall be filed with the Clerk, if during business hours, before presentation to the Court.

CRITICAL

The transmission time ordinarily controls; pleadings received before midnight on an open day are filed that day, and those filed on a closed day are filed the next business day.

Except as set forth in Rule 2.13, the transmission date and time of transfer shall determine the date and time of the E-filing. Pleadings received by the Clerk before midnight on a day the Clerk’s office is open shall be deemed filed that day. If filed on a day the Clerk’s office is not open, the document will be deemed filed the next business day.

CRITICAL

Except as provided in Rule 2.13, transmission determines the filing date and time; pleadings received before midnight on an open day are deemed filed that day, while those filed on a closed day are deemed filed the next business day.

Except as set forth in Rule 2.13, the transmission date and time of transfer shall determine the date and time of the E-filing. Pleadings received by the Clerk before midnight on a day the Clerk’s office is open shall be deemed filed that day. If filed on a day the Clerk’s office is not open, the document will be deemed filed the next business day.

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A pleading accompanied by an indigency petition is considered filed when electronically filed or properly presented to the Clerk.

A pleading accompanied by a petition to sue or defend as an indigent person is considered filed when it is electronically filed or properly presented to the Clerk for filing.

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After Clerk acceptance, the EFM applies the file stamp, which gives the filing the same effect as a conventional file stamp.

On acceptance by the Clerk, the EFM shall apply the file stamp to the E-document. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.

WARNING

Absent extraordinary circumstances, a person prejudiced by an error-corrected filing is entitled to an extension of the response period or other affected period.

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

WARNING

After filing its first account, a bank or trust company serving as guardian need not file accounts more often than once every three years unless the Court specifically requires otherwise.

If the guardian is a bank or trust company, it shall not be required to file an account (after filing its first account) more often than once every three years, unless specifically required by the Court.

WARNING

After two years without action of record and without good cause, the Court may remove the personal representative or dismiss and strike the probate case.

If there has been no action of record without good cause for a period of two years in any probate case, the Court may remove the personal representative pursuant to section 23-2 of the Act or dismiss and strike the case for want of action.

WARNING

The Clerk may reject an electronically filed case or document type that has not been approved.

Any unapproved case or document type filed electronically by a Filer may be rejected by the Clerk.

WARNING

For the listed transmission, processing, rejection, technical, or service-list errors, the Court may, on satisfactory proof, permit later filing effective as of the date filing was first attempted.

If a document intended to be electronically filed is not deemed filed by the Clerk on the date the document was transmitted to the Clerk for filing because of (1) an error in the transmission of the document to the Vendor that was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems experienced by the Filer, or (5) the party was erroneously excluded from the service list, the Court may on satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

For specified transmission, processing, rejection, technical, or service-list errors, the Court may—on satisfactory proof—allow later filing effective on the first attempted filing date.

If a document intended to be electronically filed is not deemed filed by the Clerk on the date the document was transmitted to the Clerk for filing because of (1) an error in the transmission of the document to the Vendor that was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems experienced by the Filer, or (5) the party was erroneously excluded from the service list, the Court may on satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICAL

The Vendor must transmit a virus-free e-document to the Clerk immediately after successful receipt and virus checking.

The Vendor is required to make each E-document that is not infected by a virus available for transmission to the Clerk immediately after successful receipt and virus checking of the document.

CRITICAL

The receipt or acknowledgment must be filed at the time of trial or other disposition, unless a dispute arises concerning the extent of disclosure.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

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and, unless otherwise ordered, at least annually thereafter.

and, unless otherwise ordered, at least annually thereafter.

CRITICAL

A mediated agreement must be presented to the Court within 30 days after mediation concludes.

Each mediated agreement shall be presented to the Court within 30 days following the conclusion of mediation.

CRITICALCourt notice

Filing deadlines for motions and pleadings that fall on a listed legal holiday are extended to the next business day of the Court.

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

CRITICAL

If the Clerk requests a hard copy of an electronically filed document, the Filer must provide it within seven days of reasonable notice.

At any time, the Clerk may request from the Filer a hard copy of an electronically filed document, which shall be provided within seven days of reasonable notice.

CRITICAL

Within 90 days after the order, unless the Court allows more time, submit a compliance report with the distributee’s receipt showing payment and delivery.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Applies to

Proposed property apportionment statement

The proposed property apportionment statement is due at least five days before the hearing, unless the Court orders otherwise.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

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.

CRITICAL

A directed written order is due within 30 days unless the Court establishes another time.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court.

CRITICAL

An SRL must file a written appearance before participating in any hearing before the Court.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court.

CRITICAL

A filing deadline that falls on a Saturday, Sunday, or designated holiday is extended to the Court’s next business day.

If the deadline for filing a notice, pleading, or action is on a Saturday, Sunday, or designated holiday, the time for filing the notice, pleading, or action is extended to the next business day of the Court.

CRITICAL

Unless the Court orders otherwise, opposition briefs to dispositive motions must be filed within 28 days after the motion is filed.

Unless otherwise ordered by the Court, responsive briefs in opposition to dispositive motions shall be filed no later than 28 days after the dispositive motion is filed.

CRITICAL

The moving party must call a motion for hearing within 90 days after filing or the Court may strike it.

The burden of calling a motion for hearing is on the moving party. If a motion is not called for hearing within 90 days from the date it is filed, the Court may enter an order striking the motion.

CRITICAL

Applies to

Court ordered disclosures

When the Court determines that additional disclosures are required, the parties must disclose and exchange them within 30 days, without further notice or request.

The Court may, on written motion of a party or its own motion, determine that, because of the nature or complexity of an action, the parties shall, within 30 days and without further notice or request, disclose and exchange the following information, whether the information is within the possession, custody, or control of the party or can be ascertained or acquired by the party by reasonable inquiry and investigation:

CRITICAL

A guardian must present an account within 30 days after the first year following issuance of the letters of office expires.

Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of the letters of office

CRITICAL

Within 10 days after filing the claim, the claimant must file with the Clerk proof of mailing or delivery, or a waiver.

The claimant shall file with the Clerk proof of mailing or delivery of the claim, or a waiver thereof, within 10 days after filing the claim.

CRITICAL

Present each mediated agreement to the Court within 30 days after mediation concludes.

Each mediated agreement shall be presented to the Court within 30 days following the conclusion of mediation.

CRITICAL

Deadline

48 hours

Proof of service must be filed with the Clerk within 48 hours after the hearing.

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

Unless excused, file each inventory with the Clerk and file the first inventory within 60 days after letters of office issue.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk. The first inventory shall be filed within 60 days after the Clerk issues letters of office.

CRITICAL

Guardians must file the required account within the stated initial and post-termination periods, annually thereafter, and whenever the Court requires.

(b) When Required from Guardians. Every guardian shall present the account required by section 24-11 of the Act within 30 days after the date that is one year after the Clerk issued letters of office, annually after the date of the first account, within 30 days after the termination of the guardian’s office, and at other times as the Court requires.

CRITICAL

Applies to

Financial affidavit

A financial affidavit is due at least five days before the relevant hearing, unless the Court orders otherwise.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court.

CRITICAL

Unless excused, the petitioner must file receipts for all expenditures within 30 days after the Court authorizes the withdrawal.

Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended.

CRITICALCourt notice

Filing deadlines for motions and pleadings that fall on a listed legal holiday are extended to the next business day of the Court.

All matters returnable on said legal holidays will be continued to the next business day of the Court. The time for filing all motions and pleadings is extended to the next business day of the Court.

CRITICAL

Receipt vouchers must be filed within the time prescribed by the Court.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

An attorney must file a written appearance before addressing the Court.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court.

CRITICAL

Executors and administrators must file the required account within the stated initial period, annually thereafter, and whenever the Court requires.

(a) When Required from Executors and Administrators. Every executor and administrator shall present the account required by section 24-1 of the Act within 60 days after the date that is six months after the Clerk issued letters of office, annually after the date of the first account, and at other times as the Court requires.

CRITICAL

Dispositive motions must be filed and brought to argument at least 90 days before trial, subject to the Court’s power to adjust the deadline in the interests of justice.

All dispositive motions (e.g., motions to dismiss, motions for judgment on the pleadings, motions for summary judgment) must be filed and brought to argument (pursuant to notice) before the Court no later than 90 days before the assigned trial date. The Court may limit or extend this time in the interests of justice.

CRITICAL

If the account is not presented within 60 days after the Clerk’s notice, the Clerk must issue a citation requiring the representative to account by a specified date or appear to show cause.

(2) If the account is not presented within 60 days after the Clerk’s notice, the Clerk shall issue a citation directing the representative to account as required by a date certain or appear on that date to show cause why he or she should not do so;

CRITICAL

If the parties do not agree on a mediator within 14 days after referral, the plaintiff, the plaintiff’s attorney, or an attorney agreed upon by all attorneys must notify the Court within the next seven days, and the Court will appoint a certified mediator.

If the parties cannot agree on a mediator within 14 days after the entry of the order of referral, the plaintiff or plaintiff’s attorney (or another attorney agreed on by all attorneys) shall notify the Court within the next seven days, and the Court shall appoint a certified mediator.

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Mediation must be completed within seven weeks of the first conference unless the Court orders an extension or the parties stipulate to one.

Mediation shall be completed with seven weeks of the first mediation conference unless extended by order of the Court or by stipulation of the parties.

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Dispositive motions must be filed and brought to argument on notice no later than 90 days before trial, subject to the Court limiting or extending the time in the interests of justice.

All dispositive motions (e.g., motions to dismiss, motions for judgment on the pleadings, motions for summary judgment) must be filed and brought to argument (pursuant to notice) before the Court no later than 90 days before the assigned trial date. The Court may limit or extend this time in the interests of justice.

CRITICAL

Requests must be filed as soon as practicable and at least 7 days before the proceeding, unless the court prescribes shorter notice or the proceeding is scheduled less than 7 days ahead.

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).

CRITICAL

The Clerk must set a motion to vacate for hearing before the ordering judge within 14 days; if that judge is unavailable or cannot hear it within that period, the matter is referred to the Chief Judge or designee.

The Clerk within 14 days shall set the motion for hearing before the judge who ordered the case, record, or document to be sealed or impounded. If the judge ordering the case, record, or document sealed or impounded is no longer available or cannot hear the motion within the 14 days, the case shall be referred to the Chief Judge or his or her designee for review.

CRITICAL

An opposing party seeking a jury trial must file the demand and pay the fee when filing its answer or other responsive pleading.

A representative or other party in interest opposing the petition or claim that desires a jury trial must file a jury demand and pay the fee when filing the answer or other responsive pleading.

CRITICAL

A motion to defer mediation may be made within 14 days after entry of the referral order.

Within 14 days after entry of the order of referral, any party may move to defer the mediation.

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On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

The mediator must file a report with the Clerk within 14 days after mediation ends stating whether an agreement was reached, in whole or in part.

(j) Report of Mediator. Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

If the petitioner or claimant files a jury demand and later waives a jury trial, the opposing party will be granted a jury trial on demand made within 30 days of being advised of the waiver and payment of the fee. Otherwise, the party waives a jury trial.

If the petitioner or claimant files a jury demand and later waives a jury trial, the opposing party will be granted a jury trial on demand made within 30 days of being advised of the waiver and payment of the fee. Otherwise, the party waives a jury trial.