Circuit Court of White County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibit List
- 2 copies • At Trial Hearing or Final Pretrial Conference
Document Format Requirements3 rules
The main body of pleadings and other papers in civil and criminal cases must be neatly typed or printed with at least double-spaced line spacing, excluding the listed portions.
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, while pro se parties may file neatly hand-printed papers with similar spacing.
- Line spacing
- Double
- Pleading
- Other 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.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Document Filing Requirements47 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 pro se written appearance without further pleading must meet Rule 5(a), be acknowledged with the specified sworn-officer statement, and include any pleading relevant to a waiver or consent, 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.
An out-of-state attorney must obtain a pro hac vice admission order before filing an appearance for another, supported by a qualifying motion and affidavit in the prescribed forms and disclosing 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 hearing notice must identify the action, hearing date and time, and 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, the parties and their designations, and the case number.
- Document
- Civil 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.
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.
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case, judge, hearing, and order information 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.
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.
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.
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.
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.
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
An affidavit of heirship must substantially follow the required form and include the specified information about the decedent, heirs, the affiant’s relationship or knowledge, diligent efforts to identify unknown heirs or addresses, and each heir’s per stirpes relationship.
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."
The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator
The mediator’s report must identify the people responsible for completing and submitting necessary documents and, for a partial agreement, specify which claims were resolved and which were not.
Court's wording
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. e. 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 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.
When participants may appear remotely, summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices must include the listed remote-appearance 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.
Summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices must include the specified 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.”
Court-date documents issued by private counsel must include the specified remote-appearance language, and 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.
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.
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.
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.
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.
A motion seeking relief concerning discovery materials must be filed with copies of the disputed portions.
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.
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.
No party or attorney shall address the court before filing such written appearance.
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.
- Document
- Pleading or entry of appearance
Must include
- •Case number
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.
- Document
- Responding party matrimonial affidavit
Must include
- •Certificate of service
A motion-hearing notice must identify the action, hearing date and time, and motion, and 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.
Before trial or hearing, parties must mark potential exhibits using the default plaintiff-number/defendant-letter convention, prepare a list identifying and briefly describing each exhibit, and provide two copies of the list at trial, hearing, or 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.
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
- Section 5.3 heirship affidavit filing
Must include
- •Proposed order
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.
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.”
Private counsel’s filed summonses, notices, and court-date orders must contain the specified remote-appearance language, and noncompliant documents are subject to e-filing 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.
A motion seeking relief concerning specified discovery materials must be accompanied by the disputed portions filed with the Clerk.
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.
A written appearance without further pleading must meet Rule 5(a), be acknowledged before an authorized officer, and include specified acknowledgment and pleading-attachment information when it waives notice or consents to an immediate hearing.
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.
When remote appearance is an option, Clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, remote access details and instructions, courthouse address, and Clerk’s phone number.
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.
In matrimonial proceedings, the moving party must prepare and file the prescribed affidavit before any hearing, except when seeking emergency relief or when 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 written appearance must include the party’s or counsel’s name, address, and telephone number, and a copy must be served on all other parties who have appeared.
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.
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.
- Document
- Moving party matrimonial affidavit
Must include
- •Certificate of service
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).
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.
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.
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.
Filing & Service rules
Electronic Filing Rules
Rule 6 prohibits filing by fax.
Rule 6, no fax filing
Page 2 | Record of Amendments
The Clerk must 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 6 | Rule 6 — Pleadings
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
Filing Timing and Cure Windows
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
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
If the Clerk’s office is open, a complaint or petition seeking specified ex parte relief 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
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
A 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 moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with 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 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
An intent to repudiate must be filed before the Continued Case Management Conference, or within 10 days when that conference is less than 10 days after mediation.
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 | Conclusion of Private Mediation
The mediator must file the signed 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 requested 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
A summary-judgment motion cannot 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 the mediation report within 14 days after the last mediation day and serve a copy on all parties.
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
Anticipated discovery portions to be used at trial or needed for a motion must be filed with the Clerk 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
Each party must file and provide the opposing party a financial affidavit and settlement memorandum at least seven days before a settlement conference; other specified materials may also be submitted by that deadline.
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. 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
A written motion seeking permission for a remote appearance must be filed at least 48 hours before the specified 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
Except for the stated temporary-issues exception, parties must complete an approved parenting program unless later completion is approved or they previously attended, and must file financial affidavits and pre-mediation questionnaires at least seven days before the expedited or initial case-management conference.
Except when mediation is ordered for temporary qualifying issues at an expedited case management conference, 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. 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
Motions with or without notice may be set or reset on a date within 60 days by direction of the court. Notice of motion made within a court day of trial shall be given as directed by the court.
Motions with or without notice may be set or reset on a date within 60 days by direction of the court. Notice of motion made within a court day of trial shall be given as directed by the court.
Page 7 | RULE 9. MOTIONS
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.
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
Unless mediation ends sooner, the mediator must file the progress report before the continued case management conference.
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 | Private Mediation
The mediator must file the termination 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 | Conclusion of Private Mediation
Service and Proof of Service Rules
A judge may hear a case in a county where the judge does not regularly sit only with the stated approvals, Clerk notification, and mailed notice to all parties identifying the judge.
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
A copy of the written appearance must be served on every other party who has appeared, using the method prescribed for service of pleading copies.
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
The party seeking a motion hearing must give written notice to appearing parties 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
Motion notice must be given in 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
Proof of service of post-hearing notice must be filed with the Clerk within two days after the hearing, and notice must follow Supreme Court Rule 11.
Proof of service thereof shall be filed with the Clerk within two days after hearing. Notice shall be given in the manner and to the persons prescribed by Supreme Court Rule 11.
Page 8 | RULE 9. MOTIONS
Personal service of hearing notice must occur before 4:00 p.m. on the second court day before the hearing; mail 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 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
Orders to show cause may be served by personal service, regular mail to the respondent’s last known address as specified, or 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
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
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. 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.
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. 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
Each party must provide the opposing party a copy of the required settlement conference documents at least seven days before the 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
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 | 9. COMPLETION OF MEDIATION
Personal service of motion-hearing notice must occur before 4:00 p.m. on the second court day before the hearing; mailed notice follows 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 party seeking a motion hearing must give written hearing notice to appeared parties 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
Motion 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
A written objection 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
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified hearing and order details on parties not in default 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 determined from the listed records, or by another reasonable means.
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
The court may hear emergency and legally ex parte motions without calling them for hearing, and emergency motions should receive priority whenever possible.
Emergency motions and motions which by law may be made ex parte may, at the discretion of the court, be heard without calling the motion for hearing. Whenever possible, emergency motions shall be given priority.
Page 8 | RULE 9. MOTIONS
An intent to repudiate must be sent to the other party’s attorney, or to the party if unrepresented.
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 | Conclusion of Private Mediation
A petitioner may give the respondent notice before presenting the petition, but advance 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.
Filing Fees and Waivers
The appearance fee must be paid when the party first appears and submitted with 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
The Clerk will not file a document or pleading until the 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 7 | RULE 8. CLERKS OF THE CIRCUIT COURT
The appearance fee must be paid at the party’s first appearance and submitted with 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 a filing 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
One appearance for multiple parties incurs one appearance fee, while separate appearances for multiple parties 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 — Appearances and Default
Local counsel who files the required written appearance owes no 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 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 its exhibit list to the court at trial, hearing, or a final pretrial conference for use by the court and court reporter.
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.
Sealing & Redaction Procedures
The clerk must file and seal the original pre-mediation questionnaires, and copies are later sent 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
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
Pre-Motion Conference Requirements
After referral to family mediation, proceedings are stayed until post-mediation case management except for specified matters; contested hearings require leave of court for good cause on written motion.
After referral to mediation, all proceedings except continued case management conferences, discovery, and presentation of agreed matters shall be stayed pending the post-mediation case management at the conclusion of mediation. Hearing shall not be held sooner on contested matters, including discovery enforcement proceedings, without leave of court granted for good cause pursuant to written motion
Page 1 | Rule 21. Family Mediation Program
Adjournment & Extension Requirements
Mediation must be completed within 60 days of assignment unless good cause is shown; either party may petition for additional time if mediation is not complete 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
If either party is not ready for trial, the court must continue the small-claims case to an early date, 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.
Civil mediation must be completed within 60 days of assignment 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 1 | Rule 23. Civil Mediation Program
If either party is not ready in a small-claims case, the court must continue it to an early date, 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
Chambers Communication Rules
Case participants may be offered the option to attend court by phone or video.
Case participants may have the option to attend their court date by phone or video.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
Participants should contact the relevant Circuit Clerk’s Office for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video