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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFO

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.