Circuit Court of Wabash County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements3 rules
Pleadings and other papers must be neatly typed or printed with at least double-spacing, while pro se parties may file similarly spaced hand-printed papers.
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing. Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment, and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing.
- Line spacing
- Double
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Document Filing Requirements54 rules
Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel.
A party entering a written appearance without further pleading must comply with Rule 5(a), have the appearance acknowledged before an Illinois-authorized officer, and include the officer’s statement about the signer’s personal appearance and voluntary act.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.
If a written appearance or acknowledgment waives notice or consents to an immediate hearing, it must state that the party received the pleading seeking relief and attach that pleading, unless a statutory or rule-prescribed appearance form applies.
Court's wording
If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
An out-of-state attorney seeking to appear for another in the circuit must obtain a pro hac vice admission order before filing an appearance, supported by a motion and affidavit in substantially the prescribed forms and disclosing the attorney’s prior Illinois cases.
Court's wording
Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice. The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.
A motion-hearing notice must identify the action, hearing date and time, and nature of the motion, and must include the motion papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Civil pleadings and entries of appearance must identify the circuit and county, parties and their designations, and case number to be accepted for filing.
- Document
- Pleading
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.
Court's wording
It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.
Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit.
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial.
At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.
Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.
Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
when required by the court for determining periods of work release or other purposes, defendants in criminal and traffic cases shall furnish work schedules and other information in substantially the form required by Administrative Order of the Chief Judge.
Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
In matrimonial proceedings, the moving party must prepare and file the required-form affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Before the initial case management conference in a case with contested qualifying issues, parties must comply with the specified mediation prerequisites.
Court's wording
Prior to the initial case management conference in any case having contested qualifying issues, the parties shall comply with the mediation prerequisites of Circuit Rule 21 concerning the filing of financial affidavits, pre-mediation questionnaires and completion or scheduling of an approved parenting education program.
(b) Proof of Heirship. The proof of heirship shall be made by the decedent's spouse or a person related to the decedent by consanguinity or adoption, unless it would impose undue hardship or be ineffectual.
When a petition for admission of a will or for letters of administration is filed, proof of heirship must be made by one of the listed methods.
Court's wording
(a) Petition for Admission of a Will. When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act; or (3) Deposition.
An heirship affidavit must substantially follow the Chief Judge’s required form and include the specified death, family, relationship, unknown-heir, and per stirpes information.
Court's wording
(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
- Document
- Affidavit of heirship
Must include
- •Proposed order
(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.
In cases in which agreement has been reached on at least one mediated issue and the judicial mediator has found that the agreement could reasonably be in the best interest of the child(ren) as to qualifying issues and not unconscionable as to other issues, the judicial mediator shall enter and file with the Circuit Clerk a provisional order.
4. Each attorney must complete the Child Representative Information Sheet provided by this circuit and return it with a statement or other verification of attendance at continuing education.
The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
For a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the necessary documents for resolved claims.
Court's wording
If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.
If no agreement is reached, the mediator shall so report without comment or recommendations.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.
If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.
When participants may appear remotely, summonses, notices, and court-date orders issued by the Circuit Clerk’s Offices must include the seven specified remote-appearance details.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Summonses, notices, and court-date orders issued by the Circuit Clerk’s Offices must include the specified language referring readers to Rule 24 and the court’s website.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
Court-date summonses, notices, and orders issued by private counsel and filed in the Second Judicial Circuit must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
In civil cases, pleadings and appearances must clearly state the circuit and county, party names and designations, and case number to be accepted for filing.
- Document
- Pleading or appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
A motion hearing notice must identify the action, hearing date and time, and motion, and include the written motion and supporting papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Court-date summonses, notices, and orders issued by private counsel must include the specified remote-appearance language, or they are subject to e-file rejection.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
When remote appearance is an option, court-date summonses, notices, and orders issued by the Circuit Clerk’s Offices must include the assigned courtroom, remote-access credentials and instructions, and courthouse and Clerk contact information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Court-date summonses, notices, and orders issued by Circuit Clerk’s Offices must include the specified Rule 24 remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.
A written appearance filed without further pleading must satisfy Rule 5(a), be acknowledged under oath with the specified acknowledgment, and attach any pleading for which notice is waived or an immediate hearing is accepted, unless a prescribed statutory form applies.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
A motion seeking relief concerning specified discovery materials must be filed with copies of the disputed portions at the same time.
Court's wording
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Before trial or hearing, parties must identify and mark potential exhibits, prepare a list with each exhibit’s mark and brief description, and provide the court two copies of the list at trial, hearing, or the final pretrial conference.
Court's wording
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
The moving party in a matrimonial proceeding must prepare and file the required-form affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
A party or counsel must file an appearance containing the party’s or counsel’s name, address, and telephone number, serve it on parties who have appeared, and file it before addressing the court.
Court's wording
Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared. No party or attorney shall address the court before filing such written appearance.
No party or attorney shall address the court before filing such written appearance.
Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.
Filing & Service rules
Electronic Filing Rules
The Clerk must not file documents received by facsimile transmission unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule.
Page 6 | Rule 6(b). Filing of Documents Received By Facsimile Transmission
The Clerk may not file documents received by fax unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
Page 1 | Rule 6. Pleadings
Filing Timing and Cure Windows
A summary-judgment motion may not be heard until at least ten days after service of its notice under Supreme Court Rule 11.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 8 | Rule 9. Motions
Unless the court orders otherwise, a party required to plead further after denial of a motion must do so within 21 days after the decision and minute or docket entry, or within 21 days after filing of a written order if the court requires one.
Unless otherwise ordered by the court, a party who is required to plead further following denial of a motion shall do so within 21 days following announcement of the decision of the court and entry of an appropriate minute or docket order. If the court requires a written order, then the party shall plead within 21 days after filing of the written order.
Page 8 | Rule 9. Motions
If the Clerk’s office is open, a complaint or petition seeking one of the listed ex parte orders must be filed there before applying to a judge.
Every complaint or petition seeking ex parte issuance of a temporary restraining order, an order for preliminary injunction, an order for appointment of a receiver or an order of ne exeat republica shall be filed in the office of the Clerk of the Circuit Court, if that office is open, before application is made to a judge for the order.
Page 8 | Rule 9. Motions
Anticipated discovery materials to be used at trial must be filed at the outset of trial, and materials necessary to a motion must be filed with the motion.
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
Page 9 | Rule 12. Discovery
Discovery papers needed for an appeal that are not already in the record must be filed with the Clerk upon application to a court order.
When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to an order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.
Page 9 | Rule 12. Discovery
When seeking relief concerning specified discovery materials, the disputed portions must be filed with the Clerk contemporaneously with the motion.
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Page 9 | Rule 12. Discovery
Objections to an order to show cause must be filed at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16. Orders to Show Cause
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or upon filing a petition for ex parte relief, unless the court orders otherwise.
Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17. Affidavits in Matrimonial Cases
The responding party must file the affidavit at the pretrial conference or at least three days before a contested hearing.
Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17. Affidavits in Matrimonial Cases
The parties must file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days before the initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the initial case management conference.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
The mediator must sign and file the report in the case file within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
Page 25 | Civil Mediation Program
A written motion requesting permission to appear remotely must be filed at least 48 hours before the applicable court date, excluding weekends and holidays.
Said written Motion shall be filed not less than 48 hours prior to the court date for which the permission is being requested, excluding weekends and holidays.
Page 34 | G. Requests to Appear Remotely When Approval is Required
Parties must choose a mediator within seven days of assignment; if they cannot agree, each must submit three proposed mediators within the following seven days for the judge to select from.
Upon assignment of a case for mediation, the parties shall choose a mediator within seven (7) days. In the event that the parties are unable to agree upon a mediator within said time period, within seven (7) days thereafter, each party shall submit a list of three (3) proposed mediators to the judge presiding who shall assign a mediator from the lists submitted.
Page 1 | Rule 23. Civil Mediation Program
Anticipated portions of discovery materials to be used at trial or needed for a motion must be filed at the start of trial or when the motion is filed.
If interrogatories, requests, answers, responses or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
Page 1 | Rule 12. Discovery
The movant is responsible for securing a hearing; if a motion is not called within 90 days of filing, or within 30 days in a criminal case, the court may set it for hearing and may overrule or deny it for delay, while an opponent may set a motion the movant has not set.
The burden of securing a hearing on any motion is on the moving party. If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay. Nothing herein shall preclude an opponent from setting a motion not set by the movant.
Page 8 | Rule 9. Motions
Noncompliant court-date summonses, notices, and orders are subject to e-filing rejection.
Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
Service and Proof of Service Rules
A copy of the written appearance must be served on all other parties who have appeared, using the manner prescribed for serving copies of pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 5 | Rule 5(a). Written Appearances
Motion notice must be served in the manner and on the persons prescribed by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 7 | Rule 9. Motions
The party seeking a hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 7 | Rule 9. Motions
For personal service, notice of a motion hearing must be delivered before 4:00 p.m. on the second court day before the hearing.
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.
Page 8 | Rule 9. Motions
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified case and hearing information on parties not in default and file proof of service 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, the date of 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. Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 8 | Rule 9. Motions
Objections to an order to show cause must be served on the other party at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16. Orders to Show Cause
Orders to show cause must be served personally, by regular mail to the respondent’s last known address, or by another reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 11 | Rule 16. Orders to Show Cause
The responding party must file the affidavit with appropriate proof of service.
Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17. Affidavits in Matrimonial Cases
The moving party must file the affidavit with proof of service pursuant to Supreme Court Rule 12, unless the court orders otherwise.
Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17. Affidavits in Matrimonial Cases
A copy of each party’s financial affidavit and settlement conference memorandum must be provided to the opposing party at least seven days before the settlement conference.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Page 13 | Rule 19: Pretrial Conferences in Family Cases
An intent to repudiate must be sent to the other party's attorney or, if unrepresented, to the party.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | C. Conclusion of Private Mediation
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 26 | Civil Mediation Program
A copy of the written appearance must be served on all other parties who have appeared, using the method prescribed for serving pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 1 | Rule 5. Appearances and Default
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case, judge, hearing, and ruling details on nondefaulting parties and file proof of service within two days.
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, the date of 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. Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 1 | Rule 9. Motions
An order to show cause must be served personally, by regular mail to the respondent’s last known address, or by another reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent’s last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 1 | Rule 16. Orders to Show Cause
A summary judgment motion may not be heard until at least ten days after service of its notice.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 1 | Rule 9. Motions
The mediator must sign and file a written report identifying the mediation result within 14 days after mediation ends and serve a copy on all parties.
The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.
Page 1 | Rule 23. Civil Mediation Program
Motion hearing notice must be served in the manner and on the persons specified by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 1 | Rule 9. Motions
The responding party must file an affidavit in substantially the same form at the pretrial conference or at least three days before a contested hearing, with proof of service.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 1 | Rule 17. Affidavits in Matrimonial Cases
Personal-service notice must be delivered before 4:00 p.m. on the second court day before the hearing; mailed notice is governed by Supreme Court Rule 12(c).
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion. Notice given by mail is governed by Supreme Court Rule 12(c).
Page 1 | Rule 9. Motions
The moving party must give written hearing notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 1 | Rule 9. Motions
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with an ex parte petition, and include proof of service unless the court orders otherwise.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 1 | Rule 17. Affidavits in Matrimonial Cases
Written objections to an order to show cause must be filed and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 1 | Rule 16. Orders to Show Cause
Each party must file the required-form financial affidavit and settlement conference memorandum and provide the opposing party a copy at least seven days before the settlement conference.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Page 1 | Rule 19. Pre-Trial Conferences in Family Cases
A judge not regularly sitting in a county may hear a case only with the specified approval, clerk notification, and mailed notices to all parties identifying the judge, subject to the stated exception.
A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case.
Page 5 | Rule 3(c). Notice
Notice of a motion made within a court day of trial must be given as the court directs.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 7 | Rule 9. Motions
The timing and requirements for notice by mail are governed by Supreme Court Rule 12(c).
Notice given by mail is governed by Supreme Court Rule 12(c).
Page 8 | Rule 9. Motions
After entry of a Mediation Order, the Circuit Clerk must mail or fax the order and specified case documents to the mediator.
Upon entry of a Mediation Order appointing a mediator, the Circuit Clerk shall: (a) Mail or fax a copy of the Order to the mediator together with copies of the following: (b) Record sheets and pleadings in dispute, and (c) Financial affidavits and pre-mediation questionnaires.
Page 18 | G. Notification by Circuit Clerk; Review by Mediator
A petitioner may give the respondent notice before presenting the petition, but notice is not required.
The petitioner may, but is not required to, give notice to the respondent before presenting such a petition to the court for issuance of an order.
Page 10 | Rule 16. Orders to Show Cause
Parties may submit specified additional materials to the court and the opposing party at least seven days before the settlement conference.
Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference.
Page 1 | Rule 19. Pre-Trial Conferences in Family Cases
Filing Fees and Waivers
The appearance fee is due when the party first appears, by counsel or in person, and must accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 6 | Rule 5(e). Time of Payment
One appearance for multiple parties incurs a single appearance fee, while separate appearances incur separate fees.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
Page 6 | Rule 5(c). Appearance Fees
The Clerk will not file a document or pleading until its required filing fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 7 | Rule 8. Clerks of the Circuit Court
The appearance fee must be paid when the party first appears and accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 1 | Rule 5. Appearances and Default
The Clerk must refuse to file a document or pleading until its required fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 1 | Rule 8. Clerks of the Circuit Court
Local counsel who files the required written appearance does not owe an appearance fee.
When an attorney appears as local counsel and files the required written appearance, no appearance fee shall be required.
Page 1 | Rule 5. Appearances and Default
A person cited in the specified supplementary proceedings is exempt from an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of section 2-1402 of the Code of Civil Procedure, Illinois Revised Statutes chapter 110, section 2-1402 and Illinois Supreme Court Rule 277. , Illinois Revised Statutes chapter 110A, section 277.
Page 1 | Rule 5. Appearances and Default
A person cited in supplementary proceedings under the specified statute and rule is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of Section 2-1402 of the Code of Civil Procedure, 735 ILCS 5/2-1402, and Supreme Court Rule 277.
Page 6 | Rule 5(d). Supplementary Proceedings
Sealing & Redaction Procedures
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
Parties must file financial affidavits and pre-mediation questionnaires at least seven days before the specified conference; the Clerk must seal the original questionnaires and later send copies to the mediator.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference. The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 1 | Rule 21. Family Mediation Program
The judicial mediator may electronically record portions of mediation reciting an agreement and must seal and exclusively retain those recordings, though they may be destroyed.
The judicial mediator may electronically record those portions of a mediation in which any agreement of the parties is recited, but shall seal, exclusively retain and may destroy them.
Page 22 | ARTICLE III. JUDICIAL MEDIATION PROGRAM AND PROCEDURES — A. Confidentiality and Privilege
Adjournment & Extension Requirements
If either party is unready for trial, the court must continue the small-claims case to an early date; further continuances require good cause.
If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
Page 10 | Rule 15. Small Claims
In a small-claims case, the court continues the matter to an early date if either party is not ready, and further continuances require good cause.
If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
Page 1 | Rule 15. Small Claims
Mediation must be completed within 60 days of assignment unless good cause is shown, and either party may petition for more time if it is not completed by then.
Mediation shall be completed within 60 days of assignment, except for good cause shown. In the event that mediation is not complete within said 60 days, either party may petition the court for additional time.
Page 1 | Rule 23. Civil Mediation Program
Chambers Communication Rules
Contact the Edwards County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Edwards County Circuit Clerk Phone: 618-445-2016
Page 27 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Crawford County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Crawford County Circuit Clerk Phone: 618-544-3512
Page 27 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Hamilton County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Hamilton County Circuit Clerk Phone: 618-643-3224
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the White County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
White County Circuit Clerk Phone: 618-382-2321
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Jefferson County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Jefferson County Circuit Clerk Phone: 618-244-8008
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Franklin County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Franklin County Circuit Clerk Phone: 618-435-9800
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Wabash County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Wabash County Circuit Clerk Phone: 618-262-5362
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Hardin County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Hardin County Circuit Clerk Phone: 618-287-2200
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Lawrence County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Lawrence County Circuit Clerk Phone: 618-943-2815
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Richland County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Richland County Circuit Clerk Phone: 618-392-2151
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Wayne County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Wayne County Circuit Clerk Phone: 618-842-7684
Page 28 | Rule 24. Attending Court Remotely by Phone or Video
Contact the Gallatin County Circuit Clerk by phone for remote login credentials, including Zoom meeting information.
Gallatin County Circuit Clerk Phone: 618-269-3140
Page 28 | Rule 24. Attending Court Remotely by Phone or Video