7th Judicial Circuit Court, Scott County, Illinois
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Video Witness Appearance Motions
Document Format Requirements27 rules
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 for cases with children or Appendix B2 for cases without 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).
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;
Equipment to be used in courtrooms during judicial proceedings must be unobtrusive and must not produce distracting 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.
Any changes in existing audio systems must be approved by the presiding judge.
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.
No modifications of existing systems shall be made at 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.
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.
All media equipment and personnel shall be in place at least fifteen minutes prior to the scheduled time of commencement of the proceeding.
Microphones, wiring and audio recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the covered judicial proceedings.
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.
Still cameras and lenses must be unobtrusive without distracting light or sound.
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.
In the discretion of the presiding judge of each county, the Mediation Referral Form shall substantially conform to Appendix D to these rules.
In the discretion of the presiding judge of each county, the Mediation Order shall substantially conform to Appendix C to these rules.
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;
Attorneys must wear appropriate business attire at 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.
All persons must use their real names (not aliases) while online to ensure they will not be prevented from entering the hearing;
The Court and parties must take reasonable precautions to ensure a witness testifies alone in a secure, closed room without interruptions or distractions.
Court's wording
In addition, the Court and the parties are to take all reasonable precautions to assure the following: - ▪ The witness is alone in a secure room with the doors closed. - ▪ There will be no interruptions or distractions for the duration of the witness's testimony and appearance at the remote hearing.
Witnesses should review the relevant filed materials beforehand and bring matching copies, subject to the stated exception and restrictions on referring to them.
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.
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.
individuals seeking court appointment as a family mediator shall apply in writing
Formatting
- •The application must be made in writing
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 forms are ADA accessible, and you can handwrite or type into the PDF form.
Document Filing Requirements103 rules
In the stated venue circumstances, petitioner’s counsel must file a motion with the initial pleading seeking waiver of venue, and the motion must be heard and ruled on 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.
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.
A self-represented litigant shall file an entry of appearance which may be obtained by clicking the following Entry of Appearance.
An inmate seeking leave to sue or defend as a poor person must submit a trust-fund ledger with the petition showing all deposits and withdrawals for the preceding six months.
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.
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.
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.
After a motion is heard without prior notice, the party obtaining the order must serve a written notice containing specified case, judge, hearing, and outcome information on parties not in default and file proof of service within two days after the hearing.
- Document
- Notice of hearing
Must include
- •Judge name
Court's wording
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the judge who heard the motion, date of the hearing, and the order of the court 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.
Counsel must file a certification of discovery compliance describing the documents provided in relation to the request, but must not file the documents supplied in 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.
A party objecting to discovery, 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.
Certification shall 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.
- Document
- Discovery request service certification
Must include
- •Certificate of service
A discovery objection or motion to enforce compliance must be filed with a certificate describing the unsuccessful consultation and resolution efforts or the stated circumstances involving opposing counsel.
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).
In the specified proceedings, parties must file an affidavit disclosing 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.
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.
Each application shall be accompanied by a financial affidavit, in a form consistent with the financial affidavit set forth in section 3 hereinabove.
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.
The parents shall provide the court with an agreed order regarding parental responsibilities and an agreed parenting plan, if there is an agreement.
At the end of the initial case management conference, the parties must submit a completed order that includes at least the listed case-management information.
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 with the listed minimum information, including a list of potential trial exhibits.
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;
Joint parental responsibility allocation orders must include the specified decision-making, parenting-time, access, notice, communication, and other provisions, subject to the stated exceptions.
Court's wording
All joint parental responsibility allocation orders are required to conform to the requirements of the provisions of 750 ILCS 5/602.10, including, at a minimum, the following: i. an allocation of significant decision-making responsibilities; ii. provisions for the child's living arrangements and for each parent's parenting time, including either: (A) a schedule that designates in which parent's home the minor child will reside on given days; or (B) a formula or method for determining such a schedule in sufficient detail to be enforced in a subsequent proceeding; iii. a mediation provision addressing any proposed reallocation of parenting time or regarding the terms of allocation of parental responsibilities, except that this provision is not required if one parent is allocated all significant decision-making responsibilities; iv. each parent's right of access to medical, dental, and psychological records (subject to the Mental Health and Developmental Disabilities Confidentiality Act), child care records, and school and extracurricular records, reports, and schedules, unless expressly denied by a court order or denied under Section 602.11; v. a designation of the parent who will be denominated as the parent with the majority of parenting time for purposes of Section 606.10; vi. the child's residential address for school enrollment purposes only; vii. each parent's residence address and phone number, and each parent's place of employment and employment address and phone number; viii. a requirement that a parent changing his or her residence provide at least 60 days prior written notice of the change to any other parent under the parenting plan or allocation judgment, unless such notice is impracticable or unless otherwise ordered by the court. If such notice is impracticable, written notice shall be given at the earliest date practicable. At a minimum, the notice shall set forth the following: (A) the intended date of the change of residence; and (B) the address of the new residence; ix. provisions requiring each parent to notify the other of emergencies, health care, travel plans, or other significant child-related issues; x. transportation arrangements between the parents; xi. provisions for communications, including electronic communications, with the child during the other parent's parenting time; xii. provisions for resolving issues arising from a parent's future relocation, if applicable; xiii. provisions for future modifications of the parenting plan, if specified events occur; xiv. provisions for the exercise of the right of first refusal, if so desired, that are consistent with the best interests of the minor child; provisions in the plan for the exercise of the right of first refusal must include: (i) the length and kind of child-care requirements invoking the right of first refusal; (ii) notification to the other parent and for his or her response; (iii) transportation requirements; and (iv) any other provision related to the exercise of the right of first refusal necessary to protect and promote the best interests of the minor child; and xv. any other provision that addresses the child's best interests or that will otherwise facilitate cooperation between the parents.
e. Continuing Education: Approved mediators are required to complete ten (10) hours of circuit-approved continuing education every two (2) years of which two (2) hours must cover domestic violence issues and provide evidence of completion to the Chief/Presiding Judge every two (2) years.
ii. In those instances in which the parties do not agree to submit themselves to these rules, court-approved mediators must secure and maintain professional liability insurance which covers the mediation process and provide evidence of insurance to the Chief Judge annually.
Prior to the establishment of such a program, the Chief Judge of the circuit shall submit to the Supreme Court for its review and approval, through its Administrative Office, rules governing the operation of the circuit's program.
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.
If independent legal counsel is not obtained the court must be so advised when the mediated agreement is presented for approval.
This summary will form the basis of the formal mediated agreement, presented to the court for approval.
The mediator shall submit the court approved report form to the court and to the attorneys following the completion/termination of mediation.
In the specified proceedings, the court must enter a Mediation Order when parental responsibility or parenting time becomes at issue, unless the court determines an impediment to mediation exists and excuses mediation.
Court's wording
Pursuant to Supreme Court Rule 905(a), in all proceedings initiated under Article II, III or IV of the Juvenile Court Act of 1987, the Uniform Child Custody Jurisdiction and Enforcement Act, the Illinois Domestic Violence Act of 1986 and Article 112A of the Code of Criminal Procedure of 1963, the guardianship matters involving a minor under Article XI of the Probate Act of 1975, where parental responsibility allocation and/or parenting time of a minor child or children become at issue or on the court’s own motion, the court shall enter a Mediation Order unless excused if the court determines an impediment to mediation exists.
The mediation referral form must be completed by counsel for the minor or another party as directed by the court.
Court's wording
A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Mediation Order, and shall be completed by counsel for the minor or such other party as the court directs.
In the described contested family cases, the court must enter an Order for Mediation before setting a contested hearing, except when good cause is shown.
Court's wording
In any matrimonial and family case involving contested issues of parental responsibility allocation, parenting time, either temporary or permanent, and in the absence of an agreement on parental responsibility allocation or a parenting plan, the court shall enter an Order for Mediation prior to the setting of any contested hearing, except for good cause shown.
The moving party’s attorney, or Judge when both parties are self-represented, shall be responsible for completion of the Mediation Referral form (Appendix D) and for forwarding that form to the mediator(s) selected.
The parties shall send a family mediation referral form to the mediator in all cases within three (3) days of the entry of the Order for Mediation.
Prior to the commencement of mediation, the mediator and the parties shall execute a written engagement agreement which shall include, at a minimum, the terms of compensation for the mediator; the anticipated scope of the mediation; the anticipated duration of the mediation; and the scope of the mediator’s responsibilities to draft a memorandum of understanding if mediation is successful.
After an order for mediation, the parties are to provide the mediator with requested information, including the Mediation Order, case records and pleadings, filed discovery, completed questionnaires with domestic-violence inquiries, settlement conference memoranda, and current contact information.
Court's wording
Upon the issuance of an order for mediation, the parties are to provide to the mediator information requested by the mediator, including but not limited to the following: 1. The Mediation Order; 2. Record sheets and all pleadings in the case; 3. All filed discovery material; 4. Completed pre-mediation questionnaires (containing, among other items, domestic violence-related inquiries); 5. All settlement conference memoranda filed in the case; and 6. Current mailing addresses, telephone and FAX numbers for the parties and counsel in the case.
after filing of financial affidavits
after completion by the parties of a pre-mediation questionnaire the form of which shall be approved by the Chief Judge
refer that case for judicial mediation by entry of a Judicial Mediation Order in form to be provided by the Chief Judge
In qualifying cases, the provisional order must state the agreed terms that received a positive finding and identify issues without an agreement or positive finding.
Court's wording
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.
A family mediation referral form shall be sent to the mediator in all cases within 3 days of the entry of the Order for Mediation.
A mediating party seeking to have a provisional order vacated must file a motion and affidavit asserting facts supporting one of the stated grounds.
Court's wording
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.
The attached IDOC judgment-and-sentence order must be entered in cases where a defendant is sentenced to IDOC confinement for a specified term.
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 — 1. Form of Summons
Filing Timing and Cure Windows
The court uses a summons requiring appearance within 30 days after service.
A summons requiring appearance within 30 days after service as set forth in Supreme Court Rule 101(d) will be utilized by this court.
Page 1 | RULE 301. FILING AND APPEARANCE REQUIREMENTS — 1. Form of Summons
A party who appears without service of summons must plead within the time 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 — 4. Time to Plead
A 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 — 1. Motions and Notice Requirements
Proof of service of notice after a motion heard without prior 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.
Page 3 | RULE 302. MOTIONS
A motion generally may not be scheduled for hearing less than two court days after effective service, unless the Court allows it 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 | RULE 302. MOTIONS
The required affidavit must be filed with the clerk no later than the initial case management conference, except for good cause 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 | RULE 304. CASE MANAGEMENT
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 | RULE 304. CASE MANAGEMENT
Motions seeking a child-interests evaluation or a parental-responsibility investigation and report 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
A case management conference must be held no later than 30 days after mediation is completed.
A case management conference shall be held not later than 30 days after mediation has been completed.
Page 7 | Appointment of Counsel for Children
Status reports certifying mediation participation 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 parties must present the final pre-trial memorandum before trial begins.
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).
Page 8 | RULE 305. TRIAL AND POST TRIAL MATTERS — Final Pre-trial Conference
An applicant may appeal a denial or removal in writing within ten days to the Chief Judge or designee.
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 | g. Denial/Removal from List
In qualifying cases, 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 the motion and affidavit within 21 days after the Clerk transmits the provisional order to seek vacatur under this procedure.
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
The written objection 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
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
The attendee list must be filed at least three days before the hearing.
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
A motion to allow a witness to appear by video must be filed at least 14 days before the hearing or trial when the attorneys do not agree.
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
An appeal of removal must be made 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 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
Requests for extended media coverage must go through the media coordinator, who must notify the judge at least 14 days before the proceeding, or as soon as practicable if it was scheduled less than 14 days ahead; the court may extend or reduce the notice period by order.
All requests for extended media coverage shall be made through the media coordinator. The media coordinator shall inform the judge at least 14 days in advance of the time the proceeding is scheduled to begin, but these times may be extended or reduced by court order. 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 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
A party’s objection must be filed at least three days before the proceedings begin.
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 before the matter begins.
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 objection must be filed with the Clerk before the witness begins testifying.
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
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 the court prescribes shorter notice or the proceeding was not scheduled at least 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
An objection to extended media coverage must be filed within three days after receiving notice of the request.
3. 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
An applicant denied inclusion on or removed from the list may appeal in writing 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.
Civil cases
Page 2 | Denial/Removal from List
The moving party is responsible for calling a filed motion for hearing within 90 days; the court may set it for hearing itself or strike it without notice if it is not called.
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 | RULE 302. MOTIONS
The judge may extend or reduce objection-filing time and, in appropriate circumstances, may allow objections by persons not otherwise covered by the policy.
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
The request form asks the filer to indicate whether the request is submitted at least 14 in advance of the proceeding or, if submitted less than 14 in advance, to explain why.
- 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
An objecting party should file a written objection stating its reasons within 3 days after receiving notice, although the court may prescribe a different period.
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.
Page 3 | 4.0 Procedural
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
Service and Proof of Service Rules
Copies of a filed general or special written appearance must be served in the manner required for service of 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 — 3. Written Appearance
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.
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 | RULE 302. MOTIONS
The hearing notice must be served with copies of the 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 | RULE 302. MOTIONS
The moving party must give written hearing notice to all other parties, following the Court’s direction for motions made within a court day of trial and Supreme Court Rule 11 for other motions.
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 | RULE 302. MOTIONS
Every order presented for entry must demonstrate proof of service on all opposing parties in compliance with Supreme Court Rule 11.
All orders presented to the court for entry shall demonstrate proof of service upon all opposing parties in compliance with Supreme Court Rule 11.
Page 4 | RULE 302. MOTIONS
Counsel must provide proof of service on the party to whom the discovery request was directed.
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.
Page 4 | RULE 303. DISCOVERY – INTERROGATORIES, REQUESTS FOR PRODUCTION AND DEPOSITIONS
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, including document-only deposition subpoenas, must be filed with the clerk and 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 | RULE 303. DISCOVERY
Following completion or termination of mediation, the report form must be submitted to the court and the attorneys.
The mediator shall submit the court approved report form to the court and to the attorneys following the completion/termination of mediation.
Page 17 | Reporting Procedure
A mediator may not be served with a subpoena or called as a witness in a sanction or contempt proceeding.
The mediator shall not be served with a subpoena or called as a witness in a sanction or contempt proceeding.
Page 17 | Sanctions for Failure to Appear
Upon final review, a copy of this memorandum shall then be sent to each participant and each respective attorney.
Upon final review, a copy of this memorandum shall then be sent to each participant and each respective attorney.
Page 17 | Reporting Procedure
The mediation referral form must be completed by counsel for the minor or another party directed by the court and sent to the mediator within three days after entry of the Mediation Order.
A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Mediation Order, and shall be completed by counsel for the minor or such other party as the court directs.
Page 18 | Mediation of parental responsibility allocation and parenting time issues in matters other than dissolution and paternity cases
Upon entry of a Judicial Mediation Order, the Clerk must immediately 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
Upon receiving notice of the mediating judge’s assignment, the Clerk must immediately mail copies 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 mailed or faxed notice of the mediation setting at least 10 days in advance.
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
When a provisional order is filed, the Clerk must send copies to counsel and all parties, including unrepresented parties.
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
Once the hearing time, date, and platform are determined, the scheduling party must notify 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 remote-hearing exhibit may be used only if a copy of the pre-marked exhibit was provided to all other parties and the Court at least three full business days beforehand.
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
The media coordinator must provide the filed notice to counsel, unrepresented parties, the 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 request form requires the filer to state that notice has been provided to counsel of record, unrepresented parties, and the court media liaison.
- 5. Notice of this request has been provided to: Counsel of record: _____ Parties appearing without counsel: _____ The court media liaison: _____
Page 6 | NEWS MEDIA REQUEST FOR EXTENDED MEDIA COVERAGE
The party’s objection must include proof showing that copies were provided to the listed recipients.
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
Notice of the objection must be given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
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
Counsel or a self-represented party seeking to introduce a witness's testimony must notify the witness of the request for, or approval 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
When filing a written objection, the objector must simultaneously notify the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
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
When filing an extended media coverage request, the media requestor must simultaneously notify the court media liaison, all counsel of record, and parties appearing without counsel.
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, the court media liaison, all 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
Failure to notify counsel and unrepresented parties may result in denial of the media-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
Witnesses may receive assistance from the circuit court clerk in providing copies of their objections to the listed recipients.
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 for the preceding six months and no more than the full statutory fee; payment of the balance is postponed until final judgment as provided by law.
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 — 6. Filing Requirements for Inmates
A defendant in the specified cases must pay a $10.00 probation and court services operations fee upon a guilty judgment or grant of supervision, except in qualifying Supreme Court Rule 529 cases with bail of $120.00 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
The Clerk must collect a $10 fee for each marriage solemnization and civil union certification performed.
NOW THEREFORE, IT IS HEREBY ORDERED, that the Clerk of the Court shall collect a fee of $10 for each marriage solemnization and civil union certification performed.
Page 1 | Marriage Solemnization and Civil Union Fees
The counties in the Seventh Judicial Circuit must continue implementing an Interstate/Intrastate Transfer of Supervision of Probation Fee.
NOW THEREFORE IT IS HEREBY ORDERED, that the Chief Judge of the Seventh Judicial Circuit has ordered that all counties (Sangamon, Morgan, Macoupin, Greene, Scott and Jersey) within the Seventh Judicial Circuit continue to implement an Interstate/Intrastate Transfer of Supervision of Probation Fee.
Criminal cases
Page 1 | Interstate/Intrastate Transfer of Supervision of Probation Fee
An inmate unable to make the partial payment for good cause may petition for review, and the court may excuse all prepayment of fees if good cause and exigent circumstances are established.
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 — 6. Filing Requirements for Inmates
No filing fee is charged for a request for or objection to extended media coverage.
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
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 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 | RULE 304. CASE MANAGEMENT
Sealing & Redaction Procedures
The mediating judge may record statements of agreement, must seal and exclusively retain those 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 | RULE 304. CASE MANAGEMENT
Filing Bundling Requirements
Identical discovery requests made to multiple parties may be included in a single certification.
If identical requests are made of multiple parties, they may be included in one certification.
Page 4 | RULE 303. DISCOVERY – INTERROGATORIES, REQUESTS FOR PRODUCTION AND DEPOSITIONS
Pre-Motion Conference Requirements
Before filing a discovery objection or motion to enforce compliance, the filing party must attempt to resolve the dispute through personal consultation and reasonable efforts, subject to the stated opposing-counsel unavailability or unreasonableness 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
The judge rules on witness video-appearance motions summarily and without argument.
Motions of this type shall be ruled on summarily by the judge without argument.
Page 5 | VI. FAMILY DIVISION
If the assigned judge is absent or unavailable, any judge may consider and rule on a proper emergency motion, but subsequent matters must be heard by the assigned judge.
In the absence or unavailability of the judge assigned to the case, any judge may consider an emergency motion and issue an appropriate order in proper cases; subsequent matters relating to the cause in which the petition is filed shall be heard by the judge assigned to the individual case.
Page 2 | RULE 302. MOTIONS — 1. Motions and Notice Requirements
Adjournment & Extension Requirements
The party calling a remote witness bears the risk of technical difficulties, and the trial judge decides whether to continue the hearing because of them.
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
Chambers Communication Rules
Counsel must 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
A scheduling party seeking to use a platform other than Zoom must inform the Court and determine whether it is acceptable.
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
For an eligible or court-approved remote hearing, the scheduling party must obtain the hearing date and time from the Court or 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
If all parties agree to a remote hearing for a matter presumed ineligible, 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 witness or party needs an interpreter must coordinate with the 7th Circuit Court Administrator about obtaining and involving the interpreter.
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
A party requesting a telephonic appearance must provide the judge’s scheduling personnel with a valid, working telephone number, and the Court may use it to initiate the call.
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
If requested and technologically feasible, attorneys and clients may communicate privately during a hearing, but a person may not use private chat while testifying.
If requested by a party and if technologically feasible, the Court will allow breakout meetings, private chats, or other private communication between attorneys and clients during the hearing; provided, however, that during the testimony of any person, that person may not communicate by private chat with any other person;
Page 3 | V. PROCEDURE for Remote Hearings
Observers must not discuss testimony or evidence with witnesses or potential witnesses until the evidence has closed.
Observers are prohibited from speaking to witnesses or potential witnesses concerning any testimony or evidence until after the evidence has closed.
Page 7 | IX. PUBLIC ACCESS
The Clerk will forward the remote-participation request and contact information to the presiding judge.
The Clerk will then forward that information to the presiding judge.
Page 3 | IV. SCHEDULING a Remote Hearing
Members of the public and media who want to observe a hearing should contact Court Administration for attendance directions.
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 witness objection form requests the Clerk’s assistance in providing copies to the listed recipients.
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