Circuit Court of Wabash County, Illinois (2nd Judicial Circuit) Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.