Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- No Less Than Two Business Days 48 Hours Before Scheduled Hearing
Exhibits
Pre Trial Motions, Motion in Limine Motions
Substantive Motion
- In Advance of Any Scheduled Hearing
Communication
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Document Format Requirements4 rules
If you are completing this form on a computer, sign your name by typing it. If you are completing it by hand, sign and print your name.
To the extent reasonably possible, counsel for the State and counsel for the Defendant shall have all Exhibits anticipated to be offered as substantive or demonstrative evidence or that may be used as rebuttal evidence marked in advance for identification purposes with exhibit letters or exhibit numbers and shall provide courtesy copies of all paper exhibits to opposing counsel.
Copies may be provided by mail, by delivery to chambers, or by e-mail in PDF format to bmaher@17thCircuit.illinoiscourts.gov with opposing counsel copied on all such e-mail correspondence.
Counsel should highlight or tab the most relevant portions of all documents upon which arguments will be based.
Document Filing Requirements35 rules
Counsel for the State and Defense Counsel shall file a written Witness List and may file a written proposed Statement of the Case prior to the date of the Final Jury Pretrial Conference.
Each side must provide the Court an Exhibit List on the morning of the first day of trial.
Court's wording
Counsel for the State and Defense Counsel shall each provide to the Court an Exhibit List on the morning of the first day of trial to assist the Court and/or the courtroom Clerk in keeping a record of Exhibits offered, admitted, refused and/or withdrawn.
When the case comes before the Court for jury trial, counsel shall tender to the Court the Witness List and any Agreed or Proposed Statement(s) of the Case for use during voir dire.
Counsel are responsible for maintaining an accurate list of the Exhibits that have been offered, admitted and/or published to the jury.
Prior to the commencement of jury selection, counsel shall provide to the Court in writing any questions they may wish to put to the entire panel concerning general or case-specific issues.
The State must include a DVD and/or CD containing the specified recordings with its initial discovery disclosures to defense counsel or, following a knowing and voluntary waiver of counsel, to the defendant.
Court's wording
2. The State shall voluntarily produce to defense counsel (or to the defendant, if the defendant has made a knowing and voluntary waiver of counsel) as part of its initial discovery disclosures a digital video disk or disks (“DVD”) and/or a compact disk or disks (“CD”) containing the video and/or audio recordings of the defendant created by investigative, law enforcement or other public agencies responsible for investigating and initiating the arrest and/or prosecution of the charged defendant pursuant to the IVC; and
A written extension motion must state whether a recording was created and preserved, the specific facts requiring the extension, and the expected production date.
Court's wording
4. Any written motion for an extension of time filed pursuant to this paragraph shall affirmatively state: (a) whether a video and/or audio recording of the defendant was created and preserved; (b) the specific facts requiring an extension; and (c) the expected date upon which a CD or DVD containing the video and/or audio recording(s) of the defendant will be produced to the defense.
When counsel has reason to believe a defendant in Courtroom D has limited English proficiency, the State or responsible defense attorney must request an interpreter appointment order for an interpreter capable of translating both ways.
Court's wording
Whenever the State or Defense counsel have reason to believe that a Defendant in Courtroom D is not fully capable of understanding the English language and/or is not fully capable of expressing him- or herself in the English language, the State or the responsible Defense attorney(s) shall make a record of the Defendant’s lack of or limited English proficiency and shall request the entry of an Order for an Interpreter appointing an Interpreter for the Defendant who is capable of translating the Defendant’s language into English and English into the Defendant’s language.
Upon entry of the Order, the Circuit Clerk shall identify the Defendant as needing an interpreter and shall identify the language needed on the docket of the Defendant’s case.
The Court must enter an interpreter appointment order, and the interpreter must be sworn to interpret or translate as directed.
Court's wording
The Court is also required to “... enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court.” See 740 ILCS 140/2; see also Illinois Supreme Court Language Access Policy (10/1/2014).
Defense counsel must submit a completed Request & Order for Interpreter for the Court to review and enter as appropriate.
Court's wording
At the earliest possible opportunity following the Defendant’s first appearance in Courtroom D, Defense counsel shall submit, on his or her Defendant’s behalf, a completed Request & Order for Interpreter for the Court to review and enter as appropriate.
When counsel has reason to believe a defendant in Courtroom D has limited English proficiency, the State or responsible defense attorney must make a record of that limitation.
Court's wording
Whenever the State or Defense counsel have reason to believe that a Defendant in Courtroom D is not fully capable of understanding the English language and/or is not fully capable of expressing him- or herself in the English language, the State or the responsible Defense attorney(s) shall make a record of the Defendant’s lack of or limited English proficiency
Defense counsel must provide a defendant with limited English proficiency the Illinois Supreme Court-approved Interpreter Request Form.
Court's wording
Defense counsel for a Defendant with limited English proficiency shall provide his or her Defendant with the Interpreter Request Form approved by the Illinois Supreme Court and available at the Illinois Supreme Court’s web site for download.
This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.
Do not complete 2b if your information is protected because of domestic violence or abuse.
DO NOT complete this section. The judge will sign and date here.
Do not complete 2c if your information is protected because of domestic violence or abuse.
If the language is not listed, check "Other" and enter the language.
In 3, check the box of the language needed.
In 2c, enter the phone number of the person filling out this form.
DO NOT check any boxes below this point. The judge will check the correct boxes at the hearing.
Enter the Case Number Given by the Circuit Clerk: _____
In 2b, enter the address of the person filling out this form.
Pre-Trial Motions, Discovery Motions, and Motions in Limine must cite the applicable statutes, rules, and relevant authorities supporting the requested relief.
Court's wording
All Pre-Trial Motions, Discovery Motions and/or Motions in Limine shall cite the applicable statute(s), Illinois Supreme Court Rule(s), Illinois Rule(s) of Evidence (“IRE”) and the most recent, relevant, controlling or persuasive Illinois Supreme Court or Illinois Appellate Court authority or other authorities upon which the motion’s request for relief is based.
All Pre-Trial Motions, Discovery Motions and/or Motions in Limine shall clearly, concisely and completely state and allege the case-specific facts upon which the motion is based and upon which the specific request for relief depends.
Contested or disputed motions seeking affirmative relief must be written, state the exact relief and legal basis, recite specific supporting facts, and include an affidavit or statutory certification when required or otherwise appropriate.
Court's wording
All contested/disputed motions seeking affirmative relief in the form of a Court Order or modification of a Court Order shall be in writing; shall specify the exact relief sought and the legal basis upon which the request for relief is made; shall recite specific facts upon which the motion is based; and, where required by statute or Illinois Supreme Court rule or where otherwise appropriate under the circumstances, shall be supported by an affidavit or shall be verified by certification pursuant to 735 ILCS 5/1-109.
All proposed written Orders prepared by an attorney and tendered to the Court for review and signature shall: (1) specifically indicate on the Order whether the Order is "agreed" or "over objection" by either the State or the Defense; and (2) be signed or initialed by an attorney for the State and an attorney for the Defendant.
In 1d, check the box that explains how the person is involved with this court case. For a witness or victim, enter the dates they will be in court and need an interpreter.
The form must be completed with the county, Plaintiff/Petitioner, Defendant/Respondent, and case number in the indicated fields.
Court's wording
Instructions ▼ Directly above, enter the name of the county where the case was filed. Enter the name of the person or company that filed this case as Plaintiff/Petitioner. Enter the name of the Defendant/Respondent. Enter the Case Number given by the Circuit Clerk.
In 1c, enter the phone number of the person who needs an interpreter. Do not complete 1c if your information is protected because of domestic violence or abuse.
In 2a, enter the name of the person filling out this form if they are not the same person who needs an interpreter.
Enter the interpreter recipient’s name and address, but leave the address blank if the information is protected because of domestic violence or abuse.
Court's wording
In 1a, enter the name of the person who needs a foreign language or sign language interpreter. In 1b, enter the address of the person who needs an interpreter. Do not complete 1b if your information is protected because of domestic violence or abuse.
Recycled and “form” motions and/or motions containing “string cites” for boilerplate propositions of law not specific to the pending case are strongly disfavored.
When required by statute or rule, or when otherwise appropriate, motions shall be verified and/or supported by affidavit.
Motions in Limine must be noticed for presentment at the FJPTC; absent good cause, the Court may decline to hear motions not timely filed and presented there.
Court's wording
Motions in limine shall be noticed for presentment at the FJPTC. Except for good cause shown, the Court may, in the exercise of its discretion, decline to hear motions in limine not filed prior to and presented at the FJPTC in accordance with this Standing Order No. 3.
Filing & Service rules
Filing Timing and Cure Windows
Counsel for the State and Defense Counsel shall file a written Witness List and may file a written proposed Statement of the Case prior to the date of the Final Jury Pretrial Conference.
Counsel for the State and Defense Counsel shall file a written Witness List and may file a written proposed Statement of the Case prior to the date of the Final Jury Pretrial Conference.
Criminal cases
Page 1 | Standing Order No. 6 (Jury Trial Process & Conduct of Counsel at Trial)
The State must provide its initial discovery disclosures, including the recordings, by the later of the first court date after initial arraignment or 60 days after the alleged offense, unless it shows good cause in a written extension motion.
3. Absent good cause shown by the State in a written motion for an extension of time, the State shall provide its initial discovery disclosures (including a CD or DVD containing video and/or audio recordings of the defendant) by no later than the first court date following the defendant’s initial arraignment or sixty (60) days following the date of the alleged offense, whichever occurs later.
Criminal cases
Page 1 | STANDING ORDER NO. 4 (Preservation & Production of Video & Audio Recordings)
Defense counsel must submit a completed Request & Order for Interpreter for court review at the earliest possible opportunity after the defendant’s first appearance in Courtroom D.
At the earliest possible opportunity following the Defendant’s first appearance in Courtroom D, Defense counsel shall submit, on his or her Defendant’s behalf, a completed Request & Order for Interpreter for the Court to review and enter as appropriate.
Page 1 | STANDING ORDER NO. 5
Motions in Limine must be filed at the earliest opportunity after substantial completion of discovery and no later than the date set for the FJPTC.
Motions in Limine, if any, shall be filed at the earliest possible opportunity following substantial completion of discovery, and in no event later than the date set for the Final Jury Pre-Trial Conference (“FJPTC”).
Criminal cases
Page 1 | Pre-Trial Motions & Motions In Limine
Covered defense pre-trial and discovery motions must be filed promptly at the earliest opportunity after receipt of substantially all State discovery and before the case is set on the Jury Trial Call.
Defendant’s Pre-Trial Motions pursuant to 725 ILCS 5/114-1, et seq. or pursuant to a theory of dismissal or suppression based on Constitutional or common law, and all Discovery Motions, shall be filed promptly and at the earliest possible opportunity after defense counsel’s receipt of substantially all discovery from the State and prior to setting the case on the Jury Trial Call.
Criminal cases
Page 1 | Pre-Trial Motions & Motions In Limine
The Court will not hear or consider written or oral motions made instanter without notice unless the State and Defense agree, including the Defendant if pro se.
Unless by agreement between the State and Defense counsel (or the Defendant, if pro se), the Court will not hear or consider written or oral motions filed or made instanter in court and without notice.
Page 1 | Written Motions, Notice & Proposed Orders
Written motions must be filed with the Circuit Clerk at least two days before the next court date.
All written motions shall be filed with the Circuit Clerk at least two (2) days prior to the next court date on a case assigned to Courtroom D
Page 1 | Written Motions, Notice & Proposed Orders
Motions require two business days' notice to opposing counsel and the Court, except when the parties agree and the Court concurs or an unforeseeable emergency makes advance notice impossible.
Unless by agreement between the State and Defense counsel (or the Defendant, if pro se) and with the Court's concurrence, or in the event of an unforeseen and unforeseeable emergency such that advance notice would be impossible, no motion filed by the State or by Defense counsel (or the Defendant, if pro se) shall be heard by the Court except upon two business days' notice to opposing counsel and to the Court
Page 1 | Written Motions, Notice & Proposed Orders
The Court may strike noncompliant motions without prejudice and require compliant refiling within a specified or agreed period; the filing party bears the resulting delay.
The Court may, in its discretion on its own motion or on motion of the opposing party, strike without prejudice motion(s) that do not comply with Paragraphs 1 and 2 of this Standing Order No. 3 and direct the re-filing of compliant motion(s) within a specified or agreed period of time. See People v. Ramirez, 2013 IL App (4th) 121153, ¶¶59, 63-65; see also People v. Winchester, 2016 IL App (4th) 140781, ¶¶22-30. The delay occasioned by the time required to properly re-file a motion stricken by the Court is attributable to the party filing the non-compliant motion.
Criminal cases
Page 2 | Pre-Trial Motions & Motions In Limine
The Court and Courtroom Clerk reserve the right to refuse acceptance of motions submitted for filing in Courtroom D.
The Court and the Courtroom Clerk reserve the right to refuse acceptance of motions submitted for filing in Courtroom D.
Page 1 | Written Motions, Notice & Proposed Orders
The Court reserves the right to decline to hear any written motions filed or oral motions made instanter the motion is a joint request for the entry of an Agreed Order.
The Court reserves the right to decline to hear any written motions filed or oral motions made instanter the motion is a joint request for the entry of an Agreed Order.
Page 1 | Written Motions, Notice & Proposed Orders
Service and Proof of Service Rules
Notice of filing must be provided to opposing counsel and the Court by email or by a paper courtesy copy.
with notice of filing provided to opposing counsel and to the Court by electronic mail or by paper courtesy copy delivered to opposing counsel and to the Court.
Page 1 | Written Motions, Notice & Proposed Orders
Counsel should provide opposing counsel relevant citations and copies of case law, rules, statutes, and documents before a scheduled hearing at which argument may be presented.
Counsel should also provide citations to, copies of, relevant case law, rules, statutes and/or documents to opposing counsel in advance of a scheduled hearing at which argument may be presented.
Criminal cases
Page 1 | Pre-Trial Motions & Motions In Limine
Courtesy Copy Requirements
To the extent reasonably possible, counsel for the State and counsel for the Defendant shall have all Exhibits anticipated to be offered as substantive or demonstrative evidence or that may be used as rebuttal evidence marked in advance for identification purposes with exhibit letters or exhibit numbers and shall provide courtesy copies of all paper exhibits to opposing counsel.
To the extent reasonably possible, counsel for the State and counsel for the Defendant shall have all Exhibits anticipated to be offered as substantive or demonstrative evidence or that may be used as rebuttal evidence marked in advance for identification purposes with exhibit letters or exhibit numbers and shall provide courtesy copies of all paper exhibits to opposing counsel.
Criminal cases
Page 3 | Standing Order No. 6 (Jury Trial Process & Conduct of Counsel at Trial)
Counsel shall provide the Court with courtesy copies (in either paper or electronic form) of any Pre-Trial Motions and/or motions in limine, along with: (a) copies of all statutes, rules and/or cases cited within the motion; and (b) copies of any documents referenced within the motion or upon which argument will or may be based.
Counsel shall provide the Court with courtesy copies (in either paper or electronic form) of any Pre-Trial Motions and/or motions in limine, along with: (a) copies of all statutes, rules and/or cases cited within the motion; and (b) copies of any documents referenced within the motion or upon which argument will or may be based.
Criminal cases
Page 1 | Pre-Trial Motions & Motions In Limine
Courtesy copies of all substantive filed motions must be provided to the Court in advance of any scheduled hearing.
with courtesy copies of all substantive filed motions provided to the Court in advance of any scheduled hearing.
Page 1 | Written Motions, Notice & Proposed Orders
Unless excused by the Court, courtesy copies should be provided to the Court no less than two business days (48 hours) in advance of the scheduled hearing.
Unless excused by the Court, courtesy copies should be provided to the Court no less than two business days (48 hours) in advance of the scheduled hearing.
Criminal cases
Page 2 | Pre-Trial Motions & Motions In Limine
Courtesy copies may be sent by mail, delivered to chambers, or emailed as PDFs to the stated address with opposing counsel copied on every such email.
Copies may be provided by mail, by delivery to chambers, or by e-mail in PDF format to bmaher@17thCircuit.illinoiscourts.gov with opposing counsel copied on all such e-mail correspondence.
Criminal cases
Page 2 | Pre-Trial Motions & Motions In Limine
Adjournment & Extension Requirements
The State may seek an extension of the discovery deadline by showing good cause in a written motion.
3. Absent good cause shown by the State in a written motion for an extension of time, the State shall provide its initial discovery disclosures (including a CD or DVD containing video and/or audio recordings of the defendant) by no later than the first court date following the defendant’s initial arraignment or sixty (60) days following the date of the alleged offense, whichever occurs later.
Criminal cases
Page 1 | STANDING ORDER NO. 4 (Preservation & Production of Video & Audio Recordings)
Requests to change a previously set court date must be made directly to the Judge, not the Circuit Clerk’s office or an Administrative Assistant; they should be made as far in advance as reasonably practical, in person with opposing counsel present or by email copying opposing counsel and the Judge’s administrative assistant.
Requests for a special setting before the Court and requests to change a previously set court date must be made directly to the Judge in Courtroom D. Neither the Circuit Clerk’s office nor an Administrative Assistant shall be contacted directly with such requests. Schedule change requests should be made as far in advance as is reasonably practical under the circumstances and should be made either: - (1) in person (whether in open court or in chambers) with opposing counsel present; or - (2) by e-mail if opposing counsel and the Judge’s administrative assistant are both copied in the e-mail. The Judge’s e-mail for such requests is bmaher@17thCircuit.illinoiscourts.gov. The Judge’s Administrative Assistant is Kelsey Schorsch, whose e-mail is: Kschorsch@17thcircuit.illinoiscourts.gov.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
If counsel anticipate and agree that a scheduled motion, hearing, or trial will not proceed, they are asked to promptly contact the Judge, bailiff, or administrative assistant so the matter can be addressed.
If one or both counsel anticipate and agree that a previously scheduled motion, hearing or trial will not proceed for any reason, please contact the Judge, the Judge’s bailiff (Kara Freet) or administrative assistant (Kelsey Schorsch) as soon as reasonably possible so that the matter can be addressed and in order to assist the Court in the efficient scheduling of other matters pending before the Court.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
Chambers Communication Rules
Defense counsel must arrange interpreter coverage or anticipated Language Line use through Trial Court Administration before court appearances.
Defense counsel shall thereafter insure that arrangements are made ahead of court appearances through Trial Court Administration (Monica Minnis, Language Access Facilitator) for the presence of an interpreter or for the anticipated use of the Language Line interpretation service.
Page 1 | STANDING ORDER NO. 5
At or before the Felony Status Call begins, defense counsel must tell the Courtroom D bailiff they are ready to call a case and identify the defendant by last name and docket line number.
At and prior to the start of the regularly scheduled “Felony Status Call,” defense counsel shall inform the Courtroom D bailiff (Kara Freet) when counsel is ready to have a client’s case called, and shall identify the defendant by both last name and docket line number.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
At or before the Final Jury Pre-Trial Conference, the State and/or defense counsel must advise the Court as early as possible of the anticipated total trial time from start to finish.
At or before the Final Jury Pre-Trial Conference (generally scheduled on the Wednesday morning prior to the week of the a Jury Trial), in order to assist the Court, Trial Court Administration, the Circuit Clerk and the Jury Commission with overall scheduling of cases and courtrooms, the State and/or defense counsel shall advise the Court at the earliest possible time of the anticipated total amount of trial time that a trial will or is likely to require from start to finish.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
Special-setting and schedule-change requests must be made directly to the Judge, not the Circuit Clerk’s office or an Administrative Assistant; schedule-change requests should be made as early as reasonably practical, in person with opposing counsel present or by email copying opposing counsel and the Judge’s administrative assistant.
Requests for a special setting before the Court and requests to change a previously set court date must be made directly to the Judge in Courtroom D. Neither the Circuit Clerk’s office nor an Administrative Assistant shall be contacted directly with such requests. Schedule change requests should be made as far in advance as is reasonably practical under the circumstances and should be made either: - (1) in person (whether in open court or in chambers) with opposing counsel present; or - (2) by e-mail if opposing counsel and the Judge’s administrative assistant are both copied in the e-mail. The Judge’s e-mail for such requests is bmaher@17thCircuit.illinoiscourts.gov. The Judge’s Administrative Assistant is Kelsey Schorsch, whose e-mail is: Kschorsch@17thcircuit.illinoiscourts.gov.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
When counsel must appear first before another judge, counsel must ask that courtroom’s bailiff to notify the Courtroom D bailiff of the delay and counsel’s expected arrival time.
If counsel is appearing first before another Judge in another courtroom, counsel shall request the bailiff in the other courtroom to contact the Courtroom D bailiff and notify her or him of the delay and of counsel’s expected time of arrival.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
A party filing or intending to file a substantive motion requiring an evidentiary hearing or potentially more than 15 minutes must advise the Court and opposing counsel so sufficient hearing time can be scheduled.
If a party has filed or intends to file a substantive motion of any kind that will require an evidentiary hearing or may otherwise require more than fifteen (15) minutes of Court time, the filing party shall advise the Court and opposing counsel so that sufficient time can be scheduled to hear the motion.
Criminal cases
Page 1 | Pre-Trial Motions & Motions In Limine
When counsel anticipate and agree that a scheduled motion, hearing, or trial will not proceed, they are asked to contact the Judge, bailiff, or administrative assistant as soon as reasonably possible to address the matter and assist scheduling.
If one or both counsel anticipate and agree that a previously scheduled motion, hearing or trial will not proceed for any reason, please contact the Judge, the Judge’s bailiff (Kara Freet) or administrative assistant (Kelsey Schorsch) as soon as reasonably possible so that the matter can be addressed and in order to assist the Court in the efficient scheduling of other matters pending before the Court.
Criminal cases
Page 1 | STANDING ORDER NO. 1 (Schedule & Time Management)
Courtesy-copy emails may be sent to the Court at bmaher@17thCircuit.illinoiscourts.gov, with opposing counsel copied on all such correspondence.
Copies may be provided by mail, by delivery to chambers, or by e-mail in PDF format to bmaher@17thCircuit.illinoiscourts.gov with opposing counsel copied on all such e-mail correspondence.
Criminal cases
Page 2 | Pre-Trial Motions & Motions In Limine