Circuit Court of Pope County, Illinois (1st Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- Matters scheduled for a legal holiday are continued to the Court’s next business day.
- The judge assigned to a criminal or civil case decides whether the trial will be continued.
- When distancing or facility limitations require a trial continuance, the assigned judge must find that the limitations necessitated the delay and make a record of the finding.
- +20 more
Request must include
Communication
Phone
Document Format Requirements4 rules
Respondents: Letters with the case number. Example: Ex. A 25-DC-1
Petitioners: Numbers with the case number. Example: Ex. 1 25-DC-1
The proponent, of any exhibit requested to go to the jury during deliberations, shall provide the Court a paper copy of the same.
Exhibits shall be marked and not use duplicative numbering.
Document Filing Requirements35 rules
All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.
Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.
Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.
All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.
Every such motion shall be accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
Pre-trial and post-trial motions must be written, state their factual and legal basis, and include a concise statement citing legal authority the movant wishes the court to consider.
Court's wording
Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing. Each such motion shall specifically set forth its factual and legal basis. Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.
The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.
Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities
A proceeding for indirect civil contempt may be initiated by the filing of a petition for order to show cause why the respondent should not be held in contempt. The petition shall be verified and set forth with particularity that portion of the order that is alleged to have been violated, the nature of the violation, and the acts required of the respondent to purge the contempt.
In small claim cases, the "Notice to Defendants" required on the summons by Supreme Court Rule 101(b)(1) shall set out the text of Rule 3.1.
Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.
Before imposing sanctions on a pro se litigant in a child-support nonpayment contempt proceeding, or another case when the court requires it, the court must determine willfulness and provide contempt notice and an opportunity to complete a Chief Judge-approved financial affidavit.
Court's wording
In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.
Before an order to show cause may issue for any other claim of alleged indirect civil contempt, the petition must be supported by affidavit meeting the requirements of Supreme Court Rule 191.
The order to show cause shall set a time and place for the respondent to appear and show cause.
Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.
Counsel shall file a certificate of compliance with discovery orders.
- Document
- Certificate
Must include
- •Local rule certificate
Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.
Attorneys seeking appointment in child custody, allocation of parental responsibilities, visitation, and parenting time shall apply in writing to the Chief Judge of the circuit. The application shall set forth all qualifications as set forth herein.
Promptly after mediation concludes, the mediator must file the Chief Judge’s form report identifying agreed issues or unsuccessful conclusion without stating why the parties could not agree.
Court's wording
Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.
If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.
The mediator must submit a written, signed report to the court stating whether there was a full, partial, or no agreement.
Court's wording
The mediator shall report to the court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator and filed in the court file of the case under mediation within fourteen (14) days after the last day of mediation.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation.
If the parties reach a partial agreement, the report must identify resolved and unresolved claims and the individuals designated to complete and submit documents for resolved claims.
Court's wording
If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.
If no agreement is reached, the mediator shall so report without comment or recommendation.
The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.
The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the court, the clerk, the date, and the time of filing.
All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.
Upon conclusion of each mediation session through EMC, the Program shall file a report with the Court indicating the outcome.
If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Program shall submit to the Court for approval.
The Program Coordinator must produce required compliance reports, including specified case, resolution, and participant-satisfaction information, for the Eviction Judge or, at the Judge’s request, the Illinois Supreme Court Administrative Office of the Illinois Courts.
Court's wording
Program Coordinator shall produce all reports required in order to maintain compliance with the Illinois Equal Justice Foundation, including reporting to the Eviction Judge, or at the Judge's request to the Illinois Supreme Court, Administrative Office of the Illinois Courts. Information contained within said reports shall include the number of cases submitted to mediation, the type and number of issues resolved through EMC, participant satisfaction rates and survey results.
Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum. The matter may then be set for hearing.
Where an order to show cause is sought based upon a failure to appear in response to a citation to discover assets, no written petition shall be necessary, but a sheriff's return or other proper proof of service of the citation shall be sufficient to support the issuance of an order to show cause.
No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.
Filing & Service rules
Electronic Filing Rules
Pleadings, exhibits, and proposed orders must be submitted electronically through the Circuit Clerk's office, unless the requirement has been waived for a self-represented litigant.
All pleadings, exhibits and proposed orders are to be submitted electronically through the Circuit Clerk's office; unless as a self represented litigant said requirement has been waived.
Page 2 | SECOND AMENDED STANDING ORDER FOR REMOTE HEARINGS AND SCHEDULING IN JUDGE SANDERS' PROBATE, CHANCERY, DIVORCE AND FAMILY CASES
Evidence depositions and exhibits must be submitted electronically through the Court's e-file system.
All evidence depositions and exhibits are to be submitted electronically through the Court's efile system.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
The statement of the case and witness list must be e-filed before the final pretrial.
A statement of the case and a list of witnesses shall be efiled with the Court prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
Pleadings, motions, and other papers must be filed in person or by mail; fax filing is prohibited, and electronic filing is authorized only as adopted by a county and approved by the Chief Judge.
All pleadings, motions, and other papers shall be filed in person or via mail. Facsimile filing is not authorized. Electronic filing shall be authorized as adopted by the various counties and approved by the Chief Judge.
Page 8 | RULE 1.14 NO FACSIMILE FILING
Civil-case documents must be electronically filed using a Supreme Court of Illinois-approved system, except for the listed exempt documents and cases.
Unless exempt as provided in paragraph (c), all documents in civil cases shall be electronically filed with the clerk of court using an electronic filing system approved by the Supreme Court of Illinois. The following types of documents in civil cases are exempt from electronic filing: 1. Documents filed by a self-represented litigant incarcerated in a local jail or correctional facility at the time of the filing; 2. Wills; 3. Documents filed under the Juvenile Court Act of 1987; 4. Documents filed by a person with a disability, as defined by the Americans with Disabilities Act of 1990, whose disability prevents from e-filing; and 5. Documents in a specific case by court order, upon good cause shown by certification. Good cause exists where a self-represented litigant is not able to e-file documents for the following reasons: no computer or Internet access in the home and travel represents a hardship; or a language barrier or low literacy (difficulty reading, writing, or speaking in English). Good cause also exists if the pleading is of a sensitive nature, such as a petition for an order of protection or civil no contact/stalking order.
Page 30 | Article IX, Rule 9.1(A), (C)
An exemption certification must be filed with the court in person or by mail and include a certification under section 1-109 of the Code of Civil Procedure.
A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure.
Page 30 | Article IX, Rule 9.1(C)
Counsel and self-represented litigants must submit proposed orders through Odyssey at least 3 days before the hearing or bring paper copies to the hearing.
Counsel and Self Represented Litigants shall electronically submit proposed Orders through Odyssey at least 3 days prior to said Hearing, or bring paper copies to the Hearing.
Page 1 | Standing Order for All Cases Assigned to Judge Gill
Pleadings, exhibits, and proposed orders must be submitted electronically through the Circuit Clerk's office, unless the requirement has been waived for a self-represented litigant.
All pleadings, exhibits and proposed orders are to be submitted electronically through the Circuit Clerk's office; unless as a self represented litigant said requirement has been waived.
Page 2 | 15
Filing Timing and Cure Windows
Filing deadlines for motions and pleadings that fall on a legal holiday are extended to the Court’s next business day.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | Special Order Legal Holidays
Filing deadlines for motions and pleadings are extended to the Court’s next business day.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Motions in limine must be filed at least 7 days before the final pretrial.
The deadline to file motions in limine is 7 days prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
Requests for daily transcripts must be made at least 14 days before the first day of jury selection.
Requests for daily transcripts must be made not less than 14 days prior to the first day of jury selection.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
The proponent must file any evidence deposition and exhibits at least 14 days before the final pretrial.
The proponent of any evidence deposition and/or exhibits shall file the same with the Court at least 14 days prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
The statement of the case and witness list must be filed before the final pretrial.
A statement of the case and a list of witnesses shall be efiled with the Court prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
When seeking relief concerning specified discovery materials, the disputed portions must be filed with the clerk at the same time as the motion.
If relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response to request for production or inspection, copies of the portion of the deposition, interrogatory, request, answer, or response in dispute shall be filed with the clerk contemporaneously with any motion.
Page 13 | Relief Involving Discovery Materials
Discovery portions reasonably anticipated for use at trial or needed for a motion must be filed with the clerk at the outset of trial or when the motion is filed.
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the clerk at the outset of the trial or upon filing of the motion, insofar as their use reasonably can be anticipated.
Page 13 | Use at Trial or for Motion
Requests for admission of fact or document genuineness under Supreme Court Rule 216, and their responses, must be filed of record.
Requests for admission of fact, requests for admission of the genuineness of documents, and the responses thereto pursuant to Supreme Court Rule 216 are not affected by this rule, and shall be filed of record.
Page 13 | Requests for Admission
Parties must file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days before the expedited or initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference.
Page 19 | Article VIII. Mediation - Civil Actions
Unless mediation has already terminated, the mediator must file the progress report before the continued case management conference.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
Page 24 | B. Conclusion of Private Mediation
The mediator must file the conclusion report with the Circuit Clerk promptly upon conclusion of mediation.
Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.
Page 24 | C. Conclusion of Private Mediation
The mediator must file the report in the court file within fourteen days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within fourteen (14) days after the last day of mediation.
Page 27 | J. Completion of Mediation
A document submitted when the clerk’s office is closed is file stamped on the next day the office is open, unless the document is rejected.
A document submitted on a day when the clerk's office is not open for business will, unless rejected, be file stamped as filed on the next day the clerk's office is open for business.
Page 31 | D. Timely Filing
Unless another authority requires a specific filing time, a document is timely if submitted before midnight in the court’s time zone on its due date.
Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely if submitted before midnight (in the court's time zone) on or before the date on which the document is due.
Page 31 | D. Timely Filing
The filing time for motions and pleadings that falls on a legal holiday is extended to the Court’s next business day.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
The time to file motions and pleadings is extended to the next business day of the Court when the filing date falls on a legal holiday.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | (c) Time for filing motions and pleadings
A motion requesting a remote appearance must be filed at least 3 days before the hearing.
Any motion requesting such appearance shall be filed at least 3 days prior to said hearing.
Page 1 | Standing Order for All Cases Assigned to Judge Gill
Proposed orders submitted electronically must be submitted through Odyssey at least 3 days before the hearing; paper copies may instead be brought to the hearing.
Counsel and Self Represented Litigants shall electronically submit proposed Orders through Odyssey at least 3 days prior to said Hearing, or bring paper copies to the Hearing.
Page 1 | Standing Order for All Cases Assigned to Judge Gill
The deadline for filing motions and pleadings is extended to the next business day when it falls on a legal holiday.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Reports must be submitted quarterly or when requested.
Reports shall be submitted on a quarterly basis, or as requested.
Civil cases
Page 2 | E. REPORTING REQUIREMENTS
Filing deadlines for motions and pleadings are extended to the next business day of the Court.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | Special Order Legal Holidays
If no objection is raised within five days after submission of a proposed order, the Court may enter it.
If no objection is raised within five (5) days of the submission of the proposed order, the Court may enter the order.
Civil cases
Page 1 | STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES
Discovery papers needed for an appeal that are not already in the record must be filed with the circuit clerk for transmission with the appellate record after application to and order of the court.
When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to and order of the court, the necessary discovery papers shall be filed with the clerk of the circuit court for transmittal with the rest of the record on appeal.
Page 13 | Unfiled Discovery--Appeals
A filing party may seek appropriate relief upon a showing of good cause if a court-approved e-filing system technical failure makes a document untimely.
If a document is untimely due to any court-approved electronic filing system technical failure, the filing party may seek appropriate relief from the court, upon good cause shown.
Page 31 | D. Timely Filing
A filing party may seek appropriate relief upon a showing of good cause if clerk rejection makes a document untimely.
If a document is rejected by the clerk and is therefore untimely, the filing party may seek appropriate relief from the court, upon good cause shown.
Page 31 | D. Timely Filing
Service and Proof of Service Rules
The draft written order or judgment must be accompanied by proof of service on opposing counsel, unless the Court directs otherwise.
Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.
Page 7 | RULE 1.12 PREPARATION OF JUDGMENTS AND ORDERS
Pre-trial and post-trial motions must be served on all parties of record before filing, except ex parte or emergency motions.
Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.1
Specified interrogatories and answers, document discovery, and depositions must be served with proof of service on other counsel or parties and must not be filed with the clerk.
Interrogatories under Supreme Court Rules 213 and 220, and the answers thereto, discovery of documents and other materials under Supreme Court Rule 214, and depositions under Supreme Court Rules 206 and 207 shall be served with proof of service upon other counsel or parties, but shall not be filed with the clerk of the court.
Page 13 | Restrictive Filing of Discovery
A signed, file-marked copy of the contempt judgment must be served on the contemnor, and proof of service must be filed.
A signed, file-marked copy of the judgment shall be served upon the contemnor, and proof of service shall be filed.
Page 15 | RULE 4.7 JUDGMENT OF CONTEMPT
A signed, file-marked order to show cause must be personally served on the respondent as a summons, with appearance set 21 to 40 days after issuance and service at least seven days before appearance.
A signed and file-marked copy of the order to show cause shall be personally served upon the respondent in the manner of summons requiring an appearance not less than 21 days nor more than 40 days after issuance, and shall be served not less than seven days before the day for appearance.
Page 15 | RULE 4.3 SERVICE
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 27 | J. Completion of Mediation
Each party must receive a copy of the mediation agreement.
Each party shall receive a copy of such agreement.
Page 27 | J. Completion of Mediation
Each litigant must receive mailed notice when the case is rescheduled.
Each party litigant shall receive a notice in the mail upon rescheduling.
Page 1 | Postponed Case Categories and Rescheduling
Litigants must ensure their mailing addresses are current.
Litigants are directed to ensure that their mailing addresses are updated and current.
Page 1 | Postponed Case Categories and Rescheduling
Rescheduled litigants are to receive notice by mail and must keep their mailing addresses current.
Each party litigant shall receive a notice in the mail upon rescheduling. Litigants are directed to ensure that their mailing addresses are updated and current.
Page 2
Each litigant must receive notice by mail when the case is rescheduled.
Each party litigant shall receive a notice in the mail upon rescheduling.
Page 1
The clerk must forward the dismissal order to all attorneys and unrepresented parties of record.
The clerk of the court shall forward a copy of the order of dismissal to all attorneys and unrepresented parties of record.
Page 6 | ARTICLE I. GENERAL RULES OF CIRCUIT; RULE 1.10 DISMISSAL FOR WANT OF PROSECUTION
When an inactive probate case is placed on a docket call at the judge’s direction, the clerk must notify the last known attorney of record, personal representative, or both, of its time and place as directed by the judge.
Whenever a judge of the circuit court determines that a probate case (decedent's estate or guardianship) has remained inactive for a considerable time, he or she may direct the clerk of the court to place the case on a docket call, and the clerk shall give notice, as directed by the judge, to the last known attorney of record or personal representative, or both, of the time and place of the docket call.
Page 6 | ARTICLE I. GENERAL RULES OF CIRCUIT; RULE 1.6 INACTIVE STATUS OF PROBATE MATTERS
Filing Fees and Waivers
Upon receipt of said fees each month, each County Treasurer shall promptly disburse the entire amount of said fees to the Dispute Resolution Fund which shall be maintained in the County Treasurer's Accounts of the County of residence of the Chief Judge of the Circuit or in such County Treasurer's Accounts specified by the Chief Judge of the Circuit.
Upon receipt of said fees each month, each County Treasurer shall promptly disburse the entire amount of said fees to the Dispute Resolution Fund which shall be maintained in the County Treasurer's Accounts of the County of residence of the Chief Judge of the Circuit or in such County Treasurer's Accounts specified by the Chief Judge of the Circuit.
Civil cases
Page 1 | WHEREFORE IT IS ORDERED
A $2.00 Dispute Resolution Fund fee must be collected in civil cases, except proceedings commenced by or for a local government, and the initiating party must pay it when filing the first pleading.
The Clerks of the Circuit Court in each county shall upon entry of this Order, begin to charge and collect a Dispute Resolution Fund fee of TWO DOLLARS ($2.00) in all civil cases except in proceedings commenced by or on behalf of a unit of local government. Such fee shall be paid by the party initiating the action at the time of filing the first pleading.
Civil cases
Page 1 | WHEREFORE IT IS ORDERED
Circuit Court Clerks must remit collected Dispute Resolution Fund fees to the applicable County Treasurer at the end of each month.
The Dispute Resolution Fund fees shall be remitted by the Clerks of the Circuit Court to the County Treasurer of each County at the end of each month.
Civil cases
Page 1 | WHEREFORE IT IS ORDERED
Each Clerk must maintain accounts verifying all Dispute Resolution Fund fees received and remitted.
Each Clerk shall establish and maintain a system of accounts verifying all Dispute Resolution Fund fees received and remitted.
Civil cases
Page 1 | WHEREFORE IT IS ORDERED
The County Treasurer must maintain accounts verifying all Dispute Resolution Fees received and disbursed.
The County Treasurer shall maintain a system of accounting verifying all Dispute Resolution Fees received and disbursed.
Civil cases
Page 1 | WHEREFORE IT IS ORDERED
Service provider costs are not eligible for waiver, credit for time served, or substitution of community service.
WHEREAS, 705 ILCS 135/5-15 provides that service provider costs are not eligible for credit for time served, substitution of community service, or waiver; and
Criminal cases
Page 3 | CIRCUIT CLERK APPOINTED AS RECEIVER AND REMITTER OF SERVICE PROVIDER COSTS
Defendants must pay service provider costs, which are not eligible for credit for time served, substitution of community service, or waiver; the Circuit Clerk is appointed to receive and remit those costs in Pope County.
WHEREAS, 705 ILCS 135/5-15 provides the defendant shall pay service provider costs to the entity that provided the service; and WHEREAS, 705 ILCS 135/5-15 provides that service provider costs are not eligible for credit for time served, substitution of community service, or waiver; and The Clerk of the Circuit Court of Pope County is appointed as the receiver and remitter of service provider costs, which may include, but are not limited to, probation fees, traffic school fees, and drug or alcohol testing fees.
Criminal cases
Page 5 | CIRCUIT CLERK APPOINTED AS RECEIVER AND REMITTER OF SERVICE PROVIDER COSTS
Defendants must pay service provider costs, which are not eligible for credit for time served, substitution of community service, or waiver; the Circuit Clerk is appointed to receive and remit those costs in Pulaski County.
WHEREAS, 705 ILCS 135/5-15 provides the defendant shall pay service provider costs to the entity that provided the service; and WHEREAS, 705 ILCS 135/5-15 provides that service provider costs are not eligible for credit for time served, substitution of community service, or waiver; and The Clerk of the Circuit Court of Pulaski County is appointed as the receiver and remitter of service provider costs, which may include, but are not limited to, probation fees, traffic school fees, and drug or alcohol testing fees.
Criminal cases
Page 6 | CIRCUIT CLERK APPOINTED AS RECEIVER AND REMITTER OF SERVICE PROVIDER COSTS
Sealing & Redaction Procedures
Depositions filed under Supreme Court Rule 414(d) must remain sealed until the court orders them opened.
Depositions filed in accordance with Supreme Court Rule 414(d) (incorporating Rule 207) shall remain sealed until ordered opened by the court.
Page 16 | RULE 6.1 RESTRICTIONS ON FILING PAPERS IN CRIMINAL CASES
The clerk must file and seal the original pre-mediation questionnaires, and copies are later sent to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 19 | Article VIII. Mediation - Civil Actions
At the assigned judge’s discretion, previously filed materials subject to the rule may be returned to the filing party or sealed, with an appropriate docket entry in either case.
At the discretion of the judge assigned to a case, previously filed materials which are subject to this rule may either be removed from the file and returned to the party filing them or ordered sealed. In either such event, the judge shall make an appropriate docket entry.
Page 16 | RULE 6.1 RESTRICTIONS ON FILING PAPERS IN CRIMINAL CASES
Pre-Motion Conference Requirements
A party opposing a covered motion must submit an answering memorandum within ten days of filing, stating the reasons for opposition and citing relevant authorities.
Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.1
Non-evidentiary pre-trial and post-trial motions in civil cases are set for oral argument only when authorized by the presiding judge.
Non-evidentiary pre-trial and post-trial motions in civil cases will only be set for oral argument when authorized by the judge presiding.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.2
After the ten-day period expires, the clerk refers the motion papers and case file to the court, and there is no oral argument unless the court orders it.
Upon expiration of the 10-day period, the clerk will refer the motion papers and the case file to the court for appropriate disposition. There will be no oral arguments unless ordered by the court.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.1
Ex parte or emergency motions and motions made under stipulations for agreed orders may be presented without a setting.
Ex parte or emergency motions and motions in accordance with stipulations for agreed orders may be presented without a setting.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.3
Adjournment & Extension Requirements
Matters scheduled for a legal holiday are continued to the Court’s next business day.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
The judge assigned to a criminal or civil case decides whether the trial will be continued.
The Chief Judge, First Judicial Circuit, designates the judge assigned to a criminal or civil case to make the determination, to decide, whether a trial is to be continued.
Page 1 | Trial Continuances and Required Findings
The specified criminal-procedure and juvenile-court statutory time restrictions are tolled until further order of the Illinois Supreme Court.
Statutory time restrictions in section 103-5 of the Code of Criminal Procedure of 1963 and section 5-601 of the Juvenile Court Act shall be tolled until further order of this Court.
Page 1 | Trial Continuances and Speedy Trial Time Limits
When distancing or facility limitations require a trial continuance, the assigned judge must find that the limitations necessitated the delay and make a record of the finding.
If a trial is continued due to proper distancing and facilities' limitations causing the continuance, the delay, the judge assigned to that case must find that such limitations necessitate the continuance, the delay, and shall make a record of such finding.
Page 1 | Trial Continuances and Required Findings
Continuances under the order are excluded from the specified criminal and juvenile speedy-trial computations.
Therefore, such continuances shall be excluded from speedy trial computations contained in section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018)) and section 5-601 of the Illinois Juvenile Court Act (705 ILCS 405/5-601 (West 2018)).
Page 1 | Trial Continuances and Speedy Trial Time Limits
Motions to continue must comply with Local Rule 2.4, and noncompliance could result in denial.
All Motions to Continue must comply with Local Rule 2.4. Failure to comply with said Rule could subject the motion being denied.
Civil cases
Page 1 | STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES
A continuance motion based on a cause set out in Supreme Court Rule 231 must strictly comply with that rule to receive consideration.
A motion for continuance for any cause set out in Supreme Court Rule 231 must comply strictly with Supreme Court Rule 231 to receive consideration of the judge presiding.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.4
A trial continuance cannot be granted solely because attorneys are substituted or added unless good cause is shown by motion and affidavit.
A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except for good cause shown by motion and affidavit.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.4
A continuance motion must be personally signed by the party when the case has been pending more than 24 months or trial is set to begin within 48 hours, unless the judge finds good cause for the missing signature.
In any case which has been pending for more than 24 months, and in any case in which trial is set to commence within 48 hours, any motion for continuance shall be personally signed by the party whose attorney is requesting the continuance, unless the judge is satisfied that good cause for the absence of the party’s signature has been shown.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.4
For an emergency motion for continuance, the movant must state the emergency’s nature and why the adverse party or attorney could not be contacted before filing.
If a motion for continuance is filed in an emergency situation, the movant must state the nature of the emergency and the reasons why the adverse party or attorney could not be contacted prior to the filing of the motion.
Page 13 | Emergency Motion
A continuance request in a case involving child custody, parental responsibilities, visitation, parenting time, or support must strictly comply with Supreme Court Rule 901.
In all cases involving child custody, allocation of parental responsibilities, visitation, allocation of parenting time, or support, any request for continuance must strictly comply with the provisions of Supreme Court Rule 901.
Page 13 | Compliance with Supreme Court Rule 901
Before filing a motion for continuance, the movant must attempt to contact the adverse party or the adverse party’s attorney.
The attorney or party moving for continuance must attempt to contact the adverse party or his or her attorney prior to filing the motion for continuance.
Page 13 | Notice to Adverse Party
If the adverse party or their attorney is not contacted or does not respond, the movant must give the court a written account of the contact attempts or nonresponse.
If the adverse party or attorney is not contacted or does not respond, the movant shall provide the court, in writing, with the details of the attempts to contact the adverse party or attorney or the failure of the adverse party or their attorney to respond.
Page 13 | Notice to Adverse Party
A motion for continuance must state whether the adverse party or the adverse party’s attorney agrees or objects.
The motion shall state whether the adverse party or attorney agrees or objects to the motion.
Page 13 | Notice to Adverse Party
All matters set for trial in the First Judicial Circuit are continued for 60 days from the March 20, 2020 entry of M.R. 30370.
IT IS THEREFORE ORDERED by the Chief Judge of the First Judicial Circuit of Illinois that all matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020.
Page 1 | IT IS THEREFORE ORDERED
Criminal matters set for trial are continued for 60 days from the March 20, 2020 entry of M.R. 30370, and resulting delay is not attributable to the State or defendant for purposes of section 103-5.
IT IS FURTHER ORDERED that all criminal matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020. Any delay resulting from this emergency continuance order shall not be attributable either the State or the defendant for the purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).
Page 1 | IT IS FURTHER ORDERED
For criminal proceedings, delay resulting from the April 3, 2020 emergency continuance order is not attributable to the State or the defendant for purposes of the speedy-trial statute.
Regarding criminal proceedings, section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) Speedy Trial, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the defendant for purposes of 725 ILCS 5/103-5 (West 2018).
Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT
For juvenile delinquency proceedings, delay resulting from the April 3, 2020 emergency continuance order is not attributable to the State or the juvenile for purposes of section 5-601.
Regarding juvenile delinquency proceedings, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the juvenile for purposes of section 5-601 of the Illinois Juvenile Court (705 ILCS 405/5-601 (West 2018)) Trial.
Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT
Matters returnable on a legal holiday are continued to the next business day of the Court.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | Special Order Legal Holidays
Chief Judges may continue trials until further order of the Illinois Supreme Court.
The Chief Judges of each circuit may continue trials until further order of this Court.
Page 1 | Trial Continuances and Speedy Trial Time Limits
Agreements of counsel or parties on a continuance motion do not bind the court, and only the court may grant a continuance.
Agreements of Counsel or parties as to a motion to continue shall not be binding on the court. Continuances may be granted only by the court.
Page 12 | ARTICLE II. CIVIL PRACTICE; RULE 2.4
Matters returnable on a legal holiday are continued to the Court’s next business day.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Matters returnable on a legal holiday are continued to the next business day of the Court.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | (b) Matters returnable on legal holidays
Chief Judges may continue trials until further order of the Illinois Supreme Court.
The Chief Judges of each circuit may continue trials until further order of this Court.
Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT
Forcible entry and detainer actions are continued generally until the court orders otherwise.
All forcible entry and detainer actions are continued generally until further order of the court.
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Chambers Communication Rules
Emergency matters may be scheduled case by case, and individuals must contact the county Circuit Clerk to seek court approval to schedule one.
Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.
Page 1 | Postponed Case Categories and Rescheduling
Attorneys and litigants who cannot appear because of the stated travel or health restrictions should contact the county Circuit Clerk.
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
Page 2 | Unable to Appear Due to Restrictions
Emergency matters may be scheduled individually with Court approval sought by contacting the county Circuit Clerk; litigants may also contact that Clerk with questions.
Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter. Litigants may contact the Circuit Clerk in the county of the pending case with any questions.
Page 2
If an attorney or litigant cannot attend a required courthouse appearance because of the stated restrictions, they should contact the Circuit Clerk in the county where the case is pending.
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
Page 3
Emergency matters may be scheduled case by case, and individuals must contact the county Circuit Clerk to seek court approval to schedule one.
Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.
Page 1
An attorney or litigant unable to appear because of the listed travel or health restrictions should contact the county Circuit Clerk.
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
Page 2 | Travel and health exemptions
Call the Judicial Secretary for assistance with difficulties.
If you have any difficulties, please call the Judicial Secretary at 618-997-1301 Ext. 1256.
Page 2 | SECOND AMENDED STANDING ORDER FOR REMOTE HEARINGS AND SCHEDULING IN JUDGE SANDERS' PROBATE, CHANCERY, DIVORCE AND FAMILY CASES
Litigants may contact the county Circuit Clerk with questions about the pending case.
Litigants may contact the Circuit Clerk in the county of the pending case with any questions.
Page 1
Call the Judicial Secretary at the listed number if you have difficulties.
If you have any difficulties, please call the Judicial Secretary at 618-997-1301 Ext. 1256.
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