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

CRITICAL

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.

CRITICAL

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.

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

Deadline

48 hours

Objections to an order to show cause must be filed at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or 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.

CRITICAL

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.

CRITICAL

The parties must file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days before the initial case management conference.

The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the initial case management conference.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.