Circuit Court of Shelby County, Illinois (4th Judicial Circuit) Filing Timing and Cure Windows

CRITICAL

A complaint or petition seeking specified ex parte relief must be filed with the Clerk, if the office is open, before applying to a Judge for the order.

Every complaint or petition upon which it is sought to obtain ex parte an order for the appointment of a receiver, for a temporary restraining order, for a preliminary injunction or for an order of ne exeat shall be filed in the office of the Clerk, if that office is open, before application to a Judge for the order.

CRITICAL

electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.

electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.

CRITICAL

The Clerk must reject a citation petition that is not accompanied by the proposed citation or proposed order.

If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.

WARNING

When no appeal is pending and no action of record has occurred for six months, the Court may dismiss for want of prosecution; the case may not be redocketed without good cause and leave of Court.

In all cases where no appeal is pending and there has been no action of record for a period of six (6) months, the Court may summarily dismiss the cause of action for want of prosecution and it shall not thereafter be redocketed without good cause shown and leave of Court.

CRITICAL

Proof of service of notice after a motion hearing 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 thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.

CRITICAL

Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.

Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.

CRITICAL

Required Financial Affidavits must be filed by the proposed-parenting-plan deadline or at least five days before the contested-issues hearing, whichever is sooner, unless the Court orders otherwise.

Financial Affidavits, when required, shall be filed within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

The proposed-disposition statement is due by the earlier of the parenting-plan submission deadline or at least five days before the contested-issues hearing, unless the court orders otherwise.

8-4 Statement of Proposed Disposition: In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Deadline

48 hours

Documents intended for the court’s review at a remote hearing must be submitted at least 48 hours before the hearing through the county e-filing system or a designated Dropbox account.

All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:

CRITICAL

Each party must file a financial affidavit before the Mediation Order is entered unless the parties agree on how to divide the mediation fee.

Each party must file a financial affidavit prior to the Mediation Order being entered, unless the parties agree on the division of the mediation fee.

CRITICAL

By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report. A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following:

By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report. A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following:

CRITICAL

The final draft of each mediated agreement must be presented to the court within 28 days after mediation concludes.

The final draft of each mediated agreement shall be presented to the court within twenty-eight (28) days following conclusion of mediation.

CRITICAL

The mediator must file the mediation report within 14 days after mediation terminates.

Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.

CRITICAL

Unless excused by the court, the petitioner must file receipts for all sums expended within 30 days after entry of the withdrawal order.

Unless otherwise excused by the Court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended.