17th Judicial Circuit Court, Winnebago County, Illinois Adjournment & Extension Requirements

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

In cases pending less than 12 months, parties may not continue a jury trial, bench trial, or other evidentiary hearing by agreement; a desired continuance requires one or both parties to file and present a motion complying with applicable law and rules.

## 2. Agreed Orders (applicable only for cases pending less than 12 months) Cases scheduled for jury trial, bench trial or other evidentiary hearing may not be continued by agreement of the parties. In the event a continuance is desired, one or both parties shall file and present a motion to continue which complies with Illinois Code of Civil Procedure and applicable Supreme Court Rules.

WARNINGCriminal cases

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.

WARNING

If a party is seeking to file a motion to continue a jury trial, it should be filed, without delay, upon learning of circumstances effecting the readiness to proceed to trial.

If a party is seeking to file a motion to continue a jury trial, it should be filed, without delay, upon learning of circumstances effecting the readiness to proceed to trial.

WARNING

If a continuance is granted, make every effort to accomplish its purpose before the next court dates.

- H. If you must request a continuance, make every effort to accomplish the goal for which the continuance was obtained before the next court dates.

WARNING

Motions to continue a jury trial are governed by 725 ILCS 5/114-4.

Any motion to continue a jury trial will be governed by 725 ILCS 5/114-4.

WARNING

For a potential motion to continue affecting a previously scheduled matter, notify the court in advance or request an early status to address the scheduling issue.

- D. If you believe that a motion, hearing, or trial previously set will not proceed for some reason, please notify the court in advance for scheduling purposes and/or request to status the matter before the court early to address any scheduling issue or motion to continue. This will assist the court in managing its schedule in a more efficient manner.

WARNING

For a continuance based on an unavailable witness, the moving party should expect inquiry into diligence, including witness-contact attempts, subpoena service, efforts to secure and prepare the witness, subpoena issuance dates, and whether the defendant will stipulate to the testimony.

The moving party of a motion to continue a jury trial based on the unavailability of a witness should expect the court to inquire as to matters regarding diligence including but not limited to: - i. The number and extent of attempts to contact a witness. - ii. The method, number of attempts, and result of subpoena service. - iii. In person, telephonic, or other electronic live methods of communication to secure the presence and prepare for testimony for a witness. - iv. Issuance date of subpoenas. - v. Whether the defendant will stipulate that the testimony of the witness would be as alleged.

WARNING

The trial court has discretion over motions for continuance and considers the movant's diligence.

All motions for continuance are addressed to the discretion of the trial court and shall be considered in the light of the diligence shown on the part of the movant.

WARNINGCriminal cases

A party seeking a continuance based on an unavailable witness should expect the Court to inquire about diligence, including efforts to contact the witness.

d. The moving party of a motion to continue a jury trial based on the unavailability of a witness should expect the Court to inquire as to matters regarding diligence including but not limited to: - i. The number and extent of attempts by trial counsel and office staff to contact a witness.

WARNINGCriminal cases

A party should file a motion to continue a jury trial without delay after learning of circumstances affecting readiness for trial.

a. If a party is seeking to file a motion to continue a jury trial, it should be filed, without delay, upon learning of circumstances effecting the readiness to proceed to trial.

WARNINGCriminal cases

The trial court has discretion over continuance motions and considers the movant’s diligence.

c. All motions for continuance are addressed to the discretion of the trial court and shall be considered in the light of the diligence shown on the part of the movant.

WARNINGCivil cases

Opposing counsel should consider the cited professional aspirations when deciding whether to object to or agree to continuances associated with withdrawal motions or attorney substitutions.

Opposing counsel in cases involving motions to withdraw and substitutions of attorneys shall keep in mind the “Statement of Professional Aspirations for the Legal Profession in the 17th Judicial Circuit” in evaluating whether to object or agree to continuances associated with those motions.

WARNINGCivil cases

If Standing Order No. 2 requirements remain unmet at least five business days before trial or hearing, the Court may cancel and continue the hearing and require the non-compliant party to pay reasonable associated costs or attorneys' fees.

If the mandatory requirements of this Standing Order No. 2 have not been complied with at least five (5) business days prior to the scheduled trial or hearing, the Court may, on its own initiative or on the oral or written motion of any party made before or on the date of the trial or hearing, exercise its discretion to: - (1) Default the non-compliant party as to any or all of the relief sought by the pending motion(s) or petition(s) seeking relief from the non-compliant party; and/or - (2) Strike or dismiss any or all of the pending motion(s) or petition(s) of the non-compliant party scheduled to be heard at the trial or hearing; and/or - (3) Place any necessary or appropriate limitations on the non-compliant party's presentation of testimony or other evidence; and/or - (4) Cancel and continue the hearing to a future date and require the non-compliant party to pay any reasonable costs and/or attorneys' fees associated with the cancellation and continuance; and/or - (5) Enter any other orders as are just in accordance with Supreme Court Rule 219(c) and the Court's inherent case management authority.

WARNINGCivil cases

A substituting attorney is expected to meet existing deadlines and be prepared for scheduled proceedings unless the parties agree otherwise or good cause is shown in a verified motion to continue.

Absent agreement of the parties or good cause shown in a verified motion to continue, an attorney substituting into a case for another attorney is expected to comply with all existing deadlines and to be prepared for all previously scheduled pre-trial settlement conferences, trials and/or contested evidentiary hearings.

WARNINGCivil cases

The Court may cancel or continue a hearing if it has not received the required proposed orders.

The Court may, in its discretion, cancel or continue any hearing with respect to which it has not received proposed orders as required by this Standing Order.