Circuit Court of Williamson County, Illinois (1st Judicial Circuit) Adjournment & Extension Requirements

CRITICAL

All matters set for trial in the First Judicial Circuit are continued for 60 days from the March 20, 2020 entry of M.R. 30370.

IT IS THEREFORE ORDERED by the Chief Judge of the First Judicial Circuit of Illinois that all matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020.

CRITICAL

Criminal matters set for trial are continued for 60 days from the March 20, 2020 entry of M.R. 30370, and resulting delay is not attributable to the State or the defendant for purposes of section 103-5.

IT IS FURTHER ORDERED that all criminal matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020. Any delay resulting from this emergency continuance order shall not be attributable either the State or the defendant for the purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).

CRITICAL

Forcible entry and detainer actions are continued generally until further court order.

All forcible entry and detainer actions are continued generally until further order of the court.

CRITICAL

Matters scheduled to be returnable on a legal holiday are continued to the next business day of the Court.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

CRITICAL

Matters scheduled to be heard on a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

CRITICALCivil cases

Motions to continue must comply with Local Rule 2.4, and failure to comply could result in denial.

All Motions to Continue must comply with Local Rule 2.4. Failure to comply with said Rule could subject the motion being denied.

CRITICAL

A continuance motion based on a cause listed in Supreme Court Rule 231 must strictly comply with that rule to receive consideration by the presiding judge.

A motion for continuance for any cause set out in Supreme Court Rule 231 must comply strictly with Supreme Court Rule 231 to receive consideration of the judge presiding.

CRITICAL

Counsel's or the parties' agreement on a continuance motion does not bind the court; only the court may grant a continuance.

Agreements of Counsel or parties as to a motion to continue shall not be binding on the court. Continuances may be granted only by the court.

CRITICAL

A trial continuance may not be granted solely because attorneys were substituted or added, unless good cause is shown by motion and affidavit.

A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except for good cause shown by motion and affidavit.

CRITICAL

Before seeking a continuance, the movant must attempt to contact the adverse party, state their position in the motion, and provide written details of unsuccessful contact or nonresponse.

The attorney or party moving for continuance must attempt to contact the adverse party or his or her attorney prior to filing the motion for continuance. The motion shall state whether the adverse party or attorney agrees or objects to the motion. If the adverse party or attorney is not contacted or does not respond, the movant shall provide the court, in writing, with the details of the attempts to contact the adverse party or attorney or the failure of the adverse party or their attorney to respond.

CRITICAL

For an emergency continuance motion, the movant must explain the emergency and why the adverse party could not be contacted beforehand.

If a motion for continuance is filed in an emergency situation, the movant must state the nature of the emergency and the reasons why the adverse party or attorney could not be contacted prior to the filing of the motion.

CRITICAL

Continuance requests in cases involving custody, parental responsibilities, visitation, parenting time, or support must strictly comply with Supreme Court Rule 901.

In all cases involving child custody, allocation of parental responsibilities, visitation, allocation of parenting time, or support, any request for continuance must strictly comply with the provisions of Supreme Court Rule 901.

CRITICAL

Trials continued under this order are excluded from the specified speedy-trial computations, and the identified statutory time restrictions are tolled until further order.

The Chief Judges of each circuit may continue trials until further order of this Court. The continuances occasioned by this Order serve the ends of justice and outweigh the best interests of the public and defendants in a speedy trial. Therefore, such continuances shall be excluded from speedy trial computations contained in section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018)) and section 5-601 of the Illinois Juvenile Court Act (705 ILCS 405/5-601 (West 2018)). Statutory time restrictions in section 103-5 of the Code of Criminal Procedure of 1963 and section 5-601 of the Juvenile Court Act shall be tolled until further order of this Court.

CRITICAL

When proper distancing and facilities limitations cause a trial continuance, the assigned judge must find that the limitations necessitated the delay and make a record of that finding.

If a trial is continued due to proper distancing and facilities' limitations causing the continuance, the delay, the judge assigned to that case must find that such limitations necessitate the continuance, the delay, and shall make a record of such finding.

CRITICAL

For criminal proceedings, delay resulting from the April 3 emergency continuance order is not attributable to the State or defendant for speedy-trial purposes.

Regarding criminal proceedings, section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) Speedy Trial, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the defendant for purposes of 725 ILCS 5/103-5 (West 2018).

WARNING

Matters scheduled to return on a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

WARNING

Matters scheduled to return on a legal holiday are continued to the Court's next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

WARNING

If mediation is not complete within 60 days, either party may petition the court for more time.

In the event that mediation is not complete within said sixty (60) days, either party may petition the court for additional time.

WARNING

The judge assigned to a criminal or civil case determines whether its trial will be continued.

The Chief Judge, First Judicial Circuit, designates the judge assigned to a criminal or civil case to make the determination, to decide, whether a trial is to be continued.

WARNING

Matters scheduled to be heard on a legal holiday are continued to the next business day of the Court.

All matters returnable on said legal holidays are to be continued to the next business day of this Court.

We could not confirm this summary. Read the court's wording below.CRITICAL?

The Chief Judges of each circuit may continue trials until further order of this Court.

We could not confirm this summary. Read the court's wording below.CRITICAL?

Regarding juvenile delinquency proceedings, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, ===== PAGE 2 ===== 2020, shall not be attributable to either the State or the juvenile for purposes of section 5-601 of the Illinois Juvenile Court (705 ILCS 405/5-601 (West 2018)) Trial.

Summary: For juvenile delinquency proceedings, delay resulting from the April 3 emergency continuance order is not attributable to the State or juvenile for statutory speedy-trial purposes.