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

CRITICAL

The transmission time controls e-filing; pleadings received before midnight on an open day are filed that day, and filings on a closed day are deemed filed the next business day.

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

CRITICAL

The transmission date and time generally determine when an e-filing is filed; pleadings received before midnight on an open-office day are filed that day, while filings on a closed-office day are filed the next business day, subject to Rule 2.13.

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

CRITICAL

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

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

CRITICAL

During business hours, a complaint or petition seeking specified ex parte or emergency relief must be filed with the Clerk before presentation to the Court.

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

CRITICAL

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

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

WARNING

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

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

WARNING

For specified transmission, processing, rejection, technical, or service-list errors, the Court may, on satisfactory proof, allow a later filing to take effect as of the first attempted filing date.

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

INFO

The EFM applies the file stamp when the Clerk accepts an e-document, giving it the effect of a conventionally stamped filing.

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

CRITICAL

A petitioner or claimant must file and pay for a jury demand with the petition or claim, while an opposing party must do so with its answer or other responsive pleading.

A petitioner or claimant desirous of a jury trial under the Act must file a jury demand with the Clerk and pay the required fee when the petition or claim is filed. A representative or other party in interest opposing the petition or claim that desires a jury trial must file a jury demand and pay the fee when filing the answer or other responsive pleading.

CRITICAL

The 48-hour deadline for filing proof of service runs from the hearing.

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

CRITICAL

The respondent may file a written answer specifically denying allegations and asserting affirmative defenses no later than three days before the hearing.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

CRITICAL

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

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

CRITICAL

A directed attorney or SRL must submit the written order within 30 days unless the Court establishes another time.

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

CRITICAL

A party who appears without being served with summons must plead within the time that would apply if summons had been served on the day of the 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 or she appears.

CRITICAL

Within 90 days after the order, or any further time allowed by the Court, the recipient must file a compliance report with the distributee’s receipt showing payment and delivery.

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

CRITICAL

Motion schedulers should make a good-faith effort to coordinate; absent cooperation, notice is due at least three days before hearing, and without that effort it is due at least 10 days before hearing or 14 days if mailed, subject to court allowance.

Whenever reasonably possible, an attorney or SRL setting a matter for hearing shall make a good-faith effort to work with the Court and all opposing attorneys or SRLs to set the hearing at a time and date that is mutually convenient and consistent with the Court’s docket. If an attorney or SRL has made this good-faith effort and obtained a mutually convenient time and date acceptable to the Court, the hearing may be set at that time, and notice shall be served accordingly. Unless otherwise allowed by the Court, if an attorney or SRL has made this good-faith effort but an opposing party has not cooperated in determining a mutually agreeable time and date, notice of the hearing must be served at least three days before the hearing. Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing; provided, however, that if the notice is served on any party by regular mail, the notice of hearing must be mailed at least 14 days before the hearing. The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she has complied with this Rule.

CRITICAL

Referred parties must attend at least three hours of mediation within 30 days; further participation is voluntary, subject to early resolution or other termination provisions.

If the parties are referred to mediation, they shall be required to attend a minimum of three hours of mediation within 30 days. Further participation shall be voluntary and consistent with the purposes, standards, and principles of mediation. Mediation may be terminated or suspended before the end of three hours if all mediated issues are resolved or pursuant to these Rules.

CRITICAL

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

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

CRITICAL

Guardians must present an account within 30 days after the first year and at least annually thereafter, except that a bank or trust-company guardian generally need not account more often than every three years after its first account; accountings must list disbursements.

Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of the letters of office and, unless otherwise ordered, at least annually thereafter. If the guardian is a bank or trust company, it shall not be required to file an account (after filing its first account) more often than once every three years, unless specifically required by the Court. All accountings shall include a listing of all disbursements from the estate.

CRITICAL

When an account is overdue, the Clerk must mail notice; if it remains unfiled 60 days later, the Clerk must issue a citation requiring accounting by a date certain or appearance to show cause.

In any case in which an account has not been filed as required by this Rule or by a date set by the Court: (1) The Clerk shall mail to the representative and any attorney of record a notice that the account is due; (2) If the account is not presented within 60 days after the Clerk’s notice, the Clerk shall issue a citation directing the representative to account as required by a date certain or appear on that date to show cause why he or she should not do so;

CRITICAL

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

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

CRITICALCourt notice

The deadline for filing motions and pleadings that falls on a listed legal holiday is extended to the next business day of the Court.

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

CRITICAL

During business hours, a complaint or petition requesting the specified ex parte or emergency relief must be filed with the Clerk before being presented to the Court.

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

CRITICAL

Unless the Court orders otherwise, an opposition to a dispositive motion must be filed no later than 28 days after the motion is filed.

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

CRITICAL

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

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

CRITICAL

An attorney must file a written appearance, either by pleading or otherwise, before addressing the Court.

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

CRITICAL

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

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

CRITICAL

Guardians must file the required account within the stated initial period, annually thereafter, within 30 days after their office ends, and at other times required by the Court.

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

CRITICAL

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

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

CRITICAL

Executors and administrators must file the required account within the stated initial period, annually thereafter, and at other times required by the Court.

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

CRITICAL

Party objections should be filed within 3 days after notice, unless the court prescribes a different time.

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.

CRITICAL

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

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

CRITICAL

A judge may unseal and open a case, record, or document if a party fails to object to unsealing or opening within 30 days following written notice of the intent to unseal or open.

A judge may unseal and open a case, record, or document if a party fails to object to unsealing or opening within 30 days following written notice of the intent to unseal or open.

CRITICAL

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

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

CRITICAL

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

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

CRITICAL

After being advised that the petitioner or claimant waived a jury trial, the opposing party must demand a jury trial and pay the fee within 30 days or waive the jury trial.

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

CRITICAL

The Clerk must give notice of a pending dismissal at least 30 days before the scheduled dismissal date.

The Clerk shall give notice of the pendency of dismissal not less than 30 days before the date set for dismissal.

CRITICAL

Executors and administrators must file the required account within 60 days after six months from issuance of letters, annually after the first account, and at other times ordered by the Court.

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

CRITICAL

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

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

CRITICAL

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

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

CRITICAL

By written party motion or on its own motion, the Court may require parties in a complex or suitable action to disclose and exchange specified information within 30 days without further notice or request.

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

CRITICAL

Each guardian must present an administration account within 30 days after the first year from issuance of the letters of office and at least annually thereafter unless the Court orders otherwise.

Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of the letters of office and, unless otherwise ordered, at least annually thereafter.

CRITICAL

A party who appears without summons must plead within the time that would apply if summons were served on the appearance date.

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 or she appears.

CRITICAL

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

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

CRITICAL

Pretrial documents required by the Court must be filed at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

A respondent may file a specific written answer and affirmative defenses no later than three days before a civil-contempt hearing; later denials or defenses require leave.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense. Subsequent written or oral denials and affirmative defenses may be made only with leave of Court.

CRITICAL

A guardian must present required accounts within 30 days after the first year from issuance of letters, annually thereafter, within 30 days after termination, and at other times ordered by the Court.

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

CRITICAL

A party may move to defer mediation within 14 days after entry of the referral order.

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

CRITICAL

A person seeking access may move to vacate a sealing order after filing an appearance and any required fee; the Clerk must set the motion for hearing within 14 days.

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the order sealing or impounding the case, records, or document be vacated. The Clerk within 14 days shall set the motion for hearing before the judge who ordered the case, record, or document to be sealed or impounded.

CRITICAL

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

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