15th Judicial Circuit Court, Stephenson County, Illinois Adjournment & Extension Requirements

CRITICAL

An agreed or stipulated motion to continue a bench trial requires good cause and, whenever practicable, must be heard at least four days before trial.

An agreed or stipulated motion to continue a bench trial will only be allowed on good cause shown and, whenever practicable, an agreed or stipulated motion to continue a bench trial must be heard at least four days before the trial is to begin.

CRITICAL

A motion to continue requires good cause; counsel's agreement does not bind the Court, which may require affidavits from the parties and attorneys.

No motion to continue shall be allowed for other than good cause. Agreements of counsel as to a motion to continue shall not be binding on the Court. The Court may require affidavits of the parties and attorneys.

CRITICAL

An agreed or uncontested motion to continue a jury trial may be granted only when justice otherwise would be denied.

Even if a motion to continue a jury trial is agreed or uncontested, a continuance will be allowed only when justice otherwise would be denied.

CRITICAL

Only the Court may grant a trial continuance.

Only the Court can grant a motion to continue a trial.

CRITICAL

An agreed or stipulated bench-trial continuance requires good cause and, when practicable, a hearing at least four days before trial.

An agreed or stipulated motion to continue a bench trial will only be allowed on good cause shown and, whenever practicable, an agreed or stipulated motion to continue a bench trial must be heard at least four days before the trial is to begin.

CRITICAL

A continued case-management conference must be reset to a definite date by written order or docket entry.

All continuances of a case management conference shall be to a date certain for a subsequent case management conference and made pursuant to a written order or docket entry.

CRITICAL

A trial-continuance motion must be filed and noticed at least seven days before trial and set for hearing at least four days before trial.

All motions to continue a trial shall fully comply with this Rule and 735 ILCS 5/2-1007, S. Ct. R. 231, and 725 ILCS 5/114-4, as applicable. The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

A representative seeking an extension or less frequent accountings must file a verified petition stating the reasons, and any granted extension must set a definite next-accounting date.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

Only the Court may grant a motion to continue trial.

Only the Court can grant a motion to continue a trial.

CRITICAL

Mediation must be completed within seven weeks of the first conference unless extended by court order or party stipulation.

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

CRITICAL

A motion to continue trial must be filed and notice given at least seven days before trial, and it must be set for hearing at least four days before trial.

The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

A continuance requires good cause; counsel’s agreement does not bind the Court, which may require affidavits.

No motion to continue shall be allowed for other than good cause. Agreements of counsel as to a motion to continue shall not be binding on the Court. The Court may require affidavits of the parties and attorneys.

CRITICAL

A representative seeking a definite extension or less frequent accountings must file a verified petition stating the reasons; a granted extension must set the next accounting date.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

An agreed or uncontested jury-trial continuance is allowed only when justice otherwise would be denied.

Even if a motion to continue a jury trial is agreed or uncontested, a continuance will be allowed only when justice otherwise would be denied.

CRITICAL

A case-management conference continuance must be set for a date certain for a subsequent conference and made by written order or docket entry.

Continuances. All continuances of a case management conference shall be to a date certain for a subsequent case management conference and made pursuant to a written order or docket entry.

WARNING

Absent extraordinary circumstances, anyone prejudiced by a filing error is entitled to an order extending the response date or other period for performing an act.

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

WARNING

Absent extraordinary circumstances, a person prejudiced by a later filing treated as filed on the first-attempt date is entitled to an order extending the response or other affected period.

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

WARNINGCourt notice

Matters scheduled to be returnable on a listed legal holiday are continued to the next business day of the Court.

All matters returnable on said legal holidays will be continued to the next business day of the Court.

WARNING

A missed deadline for the proposed property apportionment statement may constitute good cause for the Court to continue the hearing.

The failure of a party to file a statement when it is due may constitute good cause for the Court to continue the hearing and/or order such other sanctions as the Court deems appropriate.

WARNING

Mediation continues while an emergency motion is pending unless the Court orders otherwise or the mediator decides to adjourn it until the motion is resolved.

Mediation shall continue while an emergency motion is pending absent a contrary order of the Court or a decision of the mediator to adjourn pending a disposition of the motion.

WARNINGCourt notice

Matters scheduled to be returnable on a listed legal holiday are continued to the next business day of the Court.

All matters returnable on said legal holidays will be continued to the next business day of the Court.

WARNING

The Court may condition a continuance on the moving party paying juror or witness fees, attorneys’ fees, lost wages, or other reasonable expenses associated with continuing trial.

The Court, on its motion or on motion of the party not seeking the continuance, may condition a continuance on the moving party’s payment of juror fees, witness fees, attorneys’ fees, lost wages, and/or other reasonable expenses associated with continuing the trial.

WARNING

A missed financial-affidavit deadline may constitute good cause for the Court to continue the hearing.

The failure of a party to file a financial affidavit when it is due may constitute good cause for the Court to continue the hearing and/or order such other sanctions as the Court deems appropriate.

WARNING

If the non-moving party’s conduct makes a continuance necessary in the interest of justice, the Court may sanction that party under the cited rules.

If justice requires that a trial be continued because of the conduct of the non-moving party, the Court may assess sanctions against the non- moving party under S. Ct. R. 137 and/or S. Ct. R. 219.

INFO

The mediator may adjourn and set a time to reconvene the conference; parties present at the adjourned conference need not receive further notification.

The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. No further notification is required for parties present at the adjourned conference.