Circuit Court of Wayne County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements6 rules
Pleadings and other papers must have a neatly typed or printed main body with at least double-spaced line spacing, excluding the listed components.
- Pleading
- Court paper
Formatting
- •Line spacing must be at least equivalent to double-spaced typing
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.
Pleadings and other papers in civil and criminal cases must have a neatly typed or printed main body with at least double-spaced line spacing, excluding the listed components; pro se parties may file neatly hand-printed papers with similar spacing.
- Line spacing
- Double
- Pleading
- Paper
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.
Citations to cases from other jurisdictions must include the decision date, identify the deciding court if only a National Reporter citation is used, and any presented case copy must be complete.
Court's wording
Citation of cases from other jurisdictions shall include the date of the decision, and may be to either the official State reports or to the National Reporter system, or both. If only the National Reporter System citation is used, the court rendering the decision shall be identified. A copy of a case presented to the court shall be a complete copy, and may be from either the official State reports or the National Reporter System.
In any oral or written presentation to the court, citation of cases shall be to the page of the volume where the case begins, and to the pages upon which the pertinent material appears in at least one of the reporters cited. Use of "supra" or "infra" only is not permitted.
Illinois cases must be cited to the official reports, with specified alternative reporters permitted; any presented case copy must be complete and show the official citation.
Court's wording
Citation to Illinois cases shall be to the official reports, but citation to North Eastern Reporter or Illinois Decisions may be added. Quotations may be cited to the official state reports, the North Eastern Reporter or Illinois Decisions. Each copy of a case presented to the court may be from either the official state reports, North Eastern Reporter or Illinois Decisions, but shall, in any case, be a complete copy of the case and shall show the official citation.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Document Filing Requirements54 rules
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed heirship order reflecting the affidavit’s concluding language.
- Document
- Proposed order declaring heirship
Must include
- •Proposed order
Court's wording
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.
Court-date summonses, notices, and orders issued and filed by private counsel must include the specified remote-appearance language.
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.”
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.
A pro se appearance waiving notice or consenting to an immediate hearing must confirm receipt of the relevant pleading and attach it, unless a statutory or rule-prescribed 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.
When remote appearance is an option, Clerk-issued summonses, notices, and court-date orders must include the listed courtroom, Zoom, dial-in, and courthouse 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.
Unless the court directs otherwise, the prevailing party’s attorney must promptly prepare and present the proposed order or judgment to the court, other counsel, and any pro se parties.
Court's wording
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.
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.
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.
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.
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.
The acknowledgment must state that the signer personally appeared and acknowledged the appearance as a free and voluntary act.
Court's wording
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.
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 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.
the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge:
Clerk-issued summonses, notices, and court-date orders 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.”
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
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.
A pro se written appearance filed without further pleading must comply with Rule 5(a) and be acknowledged before an authorized officer.
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.
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.
In civil cases, pleadings and appearances must identify the circuit, county, parties and their 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.
Every party or counsel must file a written appearance with the name, address, and telephone number, serve a copy on all other parties who have appeared, and do so before addressing the court.
Court's wording
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 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.
A written pro se appearance filed without further pleading must comply with Rule 5(a), be properly acknowledged, include the required acknowledgment statement, and, when it waives notice or consents to immediate hearing, state receipt of and attach the pleading seeking relief, subject to the statutory-form exception.
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.
Pleadings and entries of appearance in civil cases must clearly identify the circuit, county, parties and case number to be accepted for filing.
- Document
- Pleading or entry of 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 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.
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.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified hearing and order details on parties not in default.
Court's wording
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.
Before trial or hearing, or at a final pretrial conference if held, parties must identify and mark potential exhibits; absent a contrary court order, plaintiffs use numbers and defendants use letters.
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 must prepare an exhibit list in substantially the required administrative-order form, including each exhibit’s mark and a brief description, and present two copies at trial, hearing, or a final pretrial conference.
Court's wording
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.
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.
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.
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. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
Sheriffs must certify prisoners’ custody periods in substantially the required administrative-order form, and defendants in criminal and traffic cases must furnish required work schedules and other information in that form.
Court's wording
Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge and, 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.
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 prescribed affidavit before any hearing, except when 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.
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 three specified methods.
Court's wording
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.
At any expedited, initial, continued or post-mediation conference, the court shall enter a case management conference order in substantially the form required by Administrative Order of the Chief Judge.
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.
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.
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."
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
Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.
The statistical report must use the prescribed form and include the number of mediations conducted and the success ratio.
Court's wording
All mediators shall file a statistical report on a prescribed form with the Trial Court Administrator at least quarterly. The Trial Court Administrator shall maintain such records, which shall include the number of mediations conducted, and success ratio.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
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.
Summonses, notices, and court orders setting court dates issued by private counsel and filed in the Circuit must include the specified language about contacting the Circuit Clerk’s Office or consulting Rule 24 and the court’s website.
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.”
Clerk-issued summonses, notices, and court orders setting court dates must include the specified language directing 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.”
When remote appearance is an option, clerk-issued summonses, notices, and court orders setting court dates must include the listed courtroom, Zoom, dial-in, and courthouse 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.
The parties shall complete an approved parenting education program, unless the court approves later completion or they have previously attended such a program before referral to mediation.
Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
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 mediator’s written report must state whether the parties reached an agreement, designate the agreement status, and be signed by the mediator.
Court's wording
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.
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.
Filing & Service rules
Electronic Filing Rules
The Clerk will 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
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
Noncompliant summonses, notices, and court orders setting court dates are subject to e-file 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 29 | C. Which Documents Must Include Remote Appearance Information
The Clerk must not file documents received by facsimile 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. PLEADINGS.
Filing Timing and Cure Windows
A written motion requesting permission to appear remotely must be filed at least 48 hours before the relevant 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 1 | Rule 24. Attending Court Remotely by Phone or Video
A motion seeking relief concerning specified discovery materials must be accompanied by filed copies of the disputed portions.
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 1 | Rule 12. Discovery
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
If the Clerk’s office is open, specified ex parte complaints or petitions must be filed there before applying to a judge for the order.
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 1 | Rule 9. Motions
Parties must file financial affidavits and pre-mediation questionnaires with the Clerk at least seven days before the expedited or 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 expedited or initial case management conference.
Page 1 | Rule 21. Family Mediation Program
Anticipated discovery materials to be used at trial or needed for a motion must be filed with the Clerk at the outset 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 mediator must file a signed report stating whether there was a full, partial, or no agreement within 14 days after mediation ends and serve all parties with a copy.
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
A summary judgment motion hearing may not occur sooner than ten days after service of the motion 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
If the court requires a written order, the party must plead within 21 days after that order is filed.
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
A summary judgment motion cannot be heard sooner than ten days after service of its notice of motion.
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
The moving party must secure a hearing; if a motion is not called within 90 days, or within 30 days in criminal cases, the court may set it for hearing and may deny it for delay.
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.
Page 8 | RULE 9. MOTIONS
If the Clerk's office is open, a complaint or petition seeking the specified ex parte order 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
Unless the court orders otherwise, a party required to plead further after a motion is denied must do so within 21 days after the decision is announced and an appropriate minute or docket order is entered.
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.
Page 8 | RULE 9. MOTIONS
Anticipated discovery materials to be used at trial or needed for a motion must be filed with the Clerk at the outset 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 9 | RULE 12. DISCOVERY
Discovery papers not already in the record that are needed for an appeal must be filed with the Clerk upon application to an order of the court.
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 involving 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
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or when filing a petition for ex parte relief, 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 12 | RULE 17. AFFIDAVITS IN MATRIMONIAL CASES
A responding party must file the affidavit at the pretrial conference or at least three days before a contested hearing.
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
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 statistical information must be furnished to the Supreme Court annually or at other intervals as directed.
Such information shall be furnished to the Supreme Court annually, or at such other intervals as may be directed.
Page 19 | J. Statistical Reporting
Mediators must file a statistical report on the prescribed form with the Trial Court Administrator at least quarterly.
All mediators shall file a statistical report on a prescribed form with the Trial Court Administrator at least quarterly.
Page 19 | J. Statistical Reporting
An intent to repudiate must be filed before the Continued Case Management Conference, or within 10 days if that conference is less than 10 days after mediation; otherwise, the agreement is presented for approval at the conference.
Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.
Page 21 | C. Conclusion of Private Mediation
Before the continued case management conference, the mediator must file a general progress report with the Circuit Clerk unless mediation has already terminated.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
Page 21 | Mediation
The mediator must file the final mediation report with the Circuit Clerk after mediation concludes.
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.
Page 22 | C. Conclusion of Private Mediation
The mediator must 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 | 9. COMPLETION OF MEDIATION
A written motion requesting permission to appear remotely must be filed at least 48 hours before the relevant 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
If a motion is not called for hearing within 90 days in civil cases or 30 days in criminal cases after filing, the court may set it for hearing and may deny it for delay.
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.
Page 1 | Rule 9. Motions
The court may direct that a motion, with or without notice, be set or reset on a date within 60 days.
Motions with or without notice may be set or reset on a date within 60 days by direction of the court.
Page 1 | Rule 9. Motions
The court may direct that a motion, with or without notice, be set or reset for a date within 60 days.
Motions with or without notice may be set or reset on a date within 60 days by direction of the court.
Page 7 | RULE 9. MOTIONS
Parties may, but are not required to, submit specified pertinent materials to the court and 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. Pretrial Conferences in Family Cases
Service and Proof of Service Rules
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 1 | Rule 9. Motions
After a motion is heard without prior notice, the attorney who obtained the order must serve written notice with the specified case, judge, hearing, and disposition information on parties not in default.
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.
Page 1 | Rule 9. Motions
The party seeking a motion hearing must give written hearing notice to the specified parties who are not in default and 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
A written appearance must be served on all other parties who have appeared, using the manner prescribed for service 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 1 | Rule 5. Appearances and Default
Personal service of a motion hearing notice must be completed 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 1 | Rule 9. Motions
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 1 | Rule 9. Motions
A copy of the written appearance must be served on all other parties who have appeared, using the method 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. APPEARANCES AND DEFAULT.
An oral or unsigned written settlement agreement not included in a pleading served on an absent party may be introduced only upon proof of service under Supreme Court Rule 105.
An oral or unsigned written agreement which is not included in the pleading served upon an absent party shall be introduced only upon proof of service upon the absent party pursuant to Supreme Court Rule 105 relating to additional relief against parties in default.
Page 7 | RULE 7. MATRIMONIAL CASES
Notice must be given using the manner and to 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
Notice of additional relief must be given in accordance with Supreme Court Rule 105.
Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105.
Page 7 | RULE 9. MOTIONS
The moving party must give written hearing notice to appeared parties not in default and 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
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 8 | RULE 9. MOTIONS
Personal service of a motion hearing notice must be completed 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
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
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 11 | RULE 16. ORDERS TO SHOW CAUSE
The moving party's affidavit must be accompanied by proof of service pursuant to Supreme Court Rule 12, 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 12 | RULE 17. AFFIDAVITS IN MATRIMONIAL CASES
After a Mediation Order appoints a mediator, the Circuit Clerk must mail or fax the Order and specified case materials 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
The intent to repudiate must be sent to the other party’s attorney or, if that party is 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 transmit an agreement to the parties and every attorney of record when an agreement is reached under the specified conditions.
In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the agreement prepared by the mediator shall be transmitted to the parties and every attorney of record.
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 25 | 9. COMPLETION OF MEDIATION
Notice of a motion made within a court day of trial must be given as directed by the court.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 1 | Rule 9. Motions
Motion hearing notice given by mail is governed by Supreme Court Rule 12(c).
Notice given by mail is governed by Supreme Court Rule 12(c).
Page 1 | Rule 9. Motions
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.
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. PRESIDING JUDGES.
The court directs how notice must be given for a motion made within a court day of trial.
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 procedure for notice given 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
Filing Fees and Waivers
The Clerk must refuse 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 1 | Rule 8. Clerks of the Circuit Court
The appearance fee is due at the party’s first appearance and must accompany a 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 will not file a document or pleading until the 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
One appearance fee is due for one appearance covering multiple parties; separate appearances require 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 1 | Rule 5. Appearances and Default
An attorney appearing as 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
The appearance fee is due when the party first appears, through 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. APPEARANCES AND DEFAULT.
A single appearance for multiple parties requires one appearance fee, while separate appearances require 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. APPEARANCES AND DEFAULT.
A person cited in the specified supplementary proceedings 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. APPEARANCES AND DEFAULT.
Courtesy Copy Requirements
Each party must present two copies of the exhibit list to the court at trial, hearing, or a final pretrial conference.
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.
Page 1 | Rule 13. Identification of Exhibits
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 1 | Rule 21. Family Mediation Program
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
Pre-Motion Conference Requirements
At the court’s discretion, emergency motions and motions legally permitted ex parte may be heard without being called for hearing.
Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without calling the motion for hearing.
Page 1 | Rule 9. Motions
Emergency motions should be given priority whenever possible.
Whenever possible, emergency motions shall be given priority.
Page 1 | Rule 9. Motions
Adjournment & Extension Requirements
Additional continuances in small claims cases require good cause.
Additional continuances shall not be granted without good cause shown.
Page 10 | RULE 15. SMALL CLAIMS
Additional continuances in small claims cases require good cause.
Additional continuances shall not be granted without good cause shown.
Page 1 | Rule 15. Small Claims
Mediation must be completed within 60 days unless good cause is shown, and either party may petition for additional 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 25 | 3. TIME FOR MEDIATION
Chambers Communication Rules
The Edwards County Circuit Clerk can be contacted at 618-445-2016.
Edwards County Circuit Clerk Phone: 618-445-2016
Page 27 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Crawford County Circuit Clerk can be contacted at 618-544-3512.
Crawford County Circuit Clerk Phone: 618-544-3512
Page 27 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Hardin County Circuit Clerk can be contacted at 618-287-2200.
Hardin County Circuit Clerk Phone: 618-287-2200
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Hamilton County Circuit Clerk can be contacted at 618-643-3224.
Hamilton County Circuit Clerk Phone: 618-643-3224
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The White County Circuit Clerk can be contacted at 618-382-2321.
White County Circuit Clerk Phone: 618-382-2321
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Richland County Circuit Clerk can be contacted at 618-392-2151.
Richland County Circuit Clerk Phone: 618-392-2151
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Lawrence County Circuit Clerk can be contacted at 618-943-2815.
Lawrence County Circuit Clerk Phone: 618-943-2815
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Franklin County Circuit Clerk can be contacted at 618-435-9800.
Franklin County Circuit Clerk Phone: 618-435-9800
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Wabash County Circuit Clerk can be contacted at 618-262-5362.
Wabash County Circuit Clerk Phone: 618-262-5362
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Jefferson County Circuit Clerk can be contacted at 618-244-8008.
Jefferson County Circuit Clerk Phone: 618-244-8008
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Wayne County Circuit Clerk can be contacted at 618-842-7684.
Wayne County Circuit Clerk Phone: 618-842-7684
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Gallatin County Circuit Clerk can be contacted at 618-269-3140.
Gallatin County Circuit Clerk Phone: 618-269-3140
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO