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PART 1. APPEARANCES AND DEFAULT
Rule
1.1 Notice of Proceedings
Notice
of all proceedings in an action shall be given to all parties
who have appeared and have not been found by the Court to be
in default to plead pursuant to Supreme Court Rule 11.
Rule
1.2 Appearance of Parties
(a)
Written Appearances. If a written appearance is filed, copies
of the appearance shall be served in the manner required for
the service of the copies of pleadings.
(b)
Time to Plead. A party who appears without having been served
with summons is required to plead within the same time as if
served with summons on the day he appears, or at such other time
as the court may order.
PART
2. HEARING OF MOTIONS
Rule 2.1 Notice of Hearing of Motions
(a)
Notice Required. Except in actions appearing on the daily trial
call or during the course of trial, or as provided by statute,
written not ice of the hearing of all motions, giving time, date
and place of hearing, 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 notice.
(b)
Content of Notice. The notice of hearing shall show the title
and number of the action, the court in which the motion shall
be heard, and the date when the motion will be presented. If
the motion is presented in writing, a copy of the motion or a
statement that it previously has been served shall be served
with the notice. Copies of all papers presented to the court
with the motion shall be served with the notice or the notice
shall state that copies have been served. The notice shall be
made on a document separate from any motions presented.
(c)
Manner of Service. Notice shall be given in the manner and to
the persons described in Supreme Court Rule 11.
(d)
Time of Notice. Subject to the requirements of Local Rule 3.5,
the following provision shall apply unless inconsistent with
statute or Illinois Supreme Court Rule. If notice of hearing
is given by personal service, the notice shall be delivered at
least two full business days or 48 hours before the time of the
hearing, whichever is greater. If notice is given by mail,
the notice shall be deposited in a United States Post Office
or Post Office Box on or before the third court day preceding
the hearing of the motion (e.g., a notice of a hearing on Thursday
must be mailed on or before the preceding Monday.)
(e)
Summary Judgment. Except by agreement or prior order of court,
a motion for summary judgment will not be heard until 10 days
after service of the notice of motion.
(f)
Change of Judge. As a matter of policy, an attorney presenting
to a judge a matter, any phase of which another judge has considered
and acted upon, or refused to act upon, which fact shall not
readily appear, shall inform the judge newly considering the
matter of such involvement of the former judge.
Rule 2.2 Emergency and Ex Parte Motions Where Notice is Not Required.
(a)
Notice After Hearing. If an emergency motion or a motion wh ich
by law may be made ex parse is heard or an order is entered without
prior notice under this rule, written notice of such hearing
of the motion, showing the title and number of the action, the
name of the judge who heard the motion, the date of the hearing,
and the ruling of the Court thereon, shall be served by the attorney
obtaining the order upon all parties who have appeared and have
not theretofore been found by the court to be in default for
the failure to plead, and upon all parties whose time to appear
had not expired on the date of the hearing, and proof of service
thereof shall be filed with the clerk within 48 hours after the
hearing. Notice shall be given in the manner and to the persons
described in Supreme Court Rule 11.
(b)
Order Upon Denial. If a motion heard without prior notice is
denied, an order of the denial shall be spread of record and
notice shall be given in accordance with paragraph (a) of this
rule.
PART
3. PROCEEDINGS BEFORE TRIAL
Rule 3.1 Form of Written Discovery Requests
The
party serving written interrogatories, a request for production,
or a request to admit shall provide one copy to each party required
to answer the same. The original shall be retained by the
serving party.
Rule 3.2 Form of Responses to Written Discovery Requests
All
answers to interrogatories, responses to requests for production,
and responses to requests to admit shall be typed so that the
interrogatory or request being responded to immediately precedes
the answer.
Rule 3.3 Days for Taking Depositions
Unless
otherwise agreed by the parties or ordered by the court, depositions
shall be taken during normal business hours and shall not be
taken on Saturdays, Sundays or court holidays.
Rule 3.4 Subpoenas for Production of Documents
No
subpoena shall be issued for the production of documents, or
tangible things, to any place except before a judge of this Court
or at a properly noticed deposition unless all counsel of record
are given reasonable notice prior to the date of compliance with
the subpoena. Any party shall have the right to object to the
production by motion.
Rule
3.5 Signing of Notice of Hearing or Notice of Deposition
It
is the responsibility of counsel preparing the notice of hearing
or notice of deposition to make a good faith effort to coordinate
with the court and all opposing counsel to set the hearing or
deposition at a time that is mutually convenient. The
filing of a notice of hearing or notice of deposition shall constitute
a certification of compliance with this Rule.
PART
4. PRE-TRIAL CONFERENCES
Rule 4.1 Requirement of Pre-Trial Conferences
Actions
of Law. Pre-trial conferences shall be held in all actions at
law, unless otherwise directed by the court.
Rule 4.2 Case Management Conferences
The following cases
are excepted from the "initial case management conference" of
Supreme Court Rule 218(a):
Tax
Small Claims (Supreme Court Rule 281)
Family (750 ILCS all acts)
Probate (755 ILCS 5/1 et seq.)
Forcible Entry and Detainer (73S ILCS 5/9-101 et seq.)
Mental Health (405 ILCS 5/1-100 et seq.)
Replevin (735 ILCS 5/19-101 et seq.)
In all of the above categories of cases the Court
shall conduct a peremptory court call at intervals not to exceed
six months.
In all other civil cases filed after January 1,
1996, the Circuit Clerk shall affix the following information:
THIS CASE IS SET FOR A CASE MANAGEMENT CONFERENCE
ON _____,19_____, AT _____ am./p.m. IN COURTROOM OF THE COUNTY
COURTHOUSE. IF A DEFENDANT ANSWERS MORE THAN 35 DAYS BEFORE THIS
DATE, THEN THE PARTIES SHALL SCHEDULE A CASE MANAGEMENT CONFERENCE
WITHIN 35 DAYS OF THE DATE THE ANSWER IS FILED.
PART
5. JUDGMENTS, ORDERS, AND DECREES
Rule 5.1 Service of Rules and Orders to Show Cause
(a)
Service Upon Parties. Service of a rule or order to show cause
upon a party shall be made in the manner and upon the persons
described in Supreme Court Rule 105(b).
(b)
Service Upon Persons Not Parties. Service of a rule or order
upon a person not a party to the action shall be made in like
manner as service of summons by any persons over 18 years of
age not a party to the action. No attachment against a person
not a party to the action shall issue without prior service of
the rule or order.
Rule
5.2 Satisfaction of Money Judgment or Decree Where Judgment
Creditor Cannot be Found
(a)
Motion to Satisfy. A money judgment may be satisfied by the Court
upon written motion of the debtor supported by affidavit stating:
(1)
the amount, stating the judgment balance, the accrued interest,
and costs;
(2)
that after the exercise of due diligence the judgment creditor
and his attorney cannot be found or that the judgment creditor
or his attorney fails or refuses to deliver a satisfaction of
judgment upon being tendered the amount due; and
(3)
that notice of the motion has been sent by mail to the judgment
creditor and his attorney at their last known addresses.
(b)
Order of Satisfaction. Upon granting the motion, the Court shall
enter an order directing the clerk to receive the amount of the
judgment with accrued interest and costs for the judgment creditor.
After payment, the Court shall enter an order satisfying the
judgment and showing the amount deposited with the clerk.
PART
6. RECEIVERS
Rule 6.1 Qualifications of Receivers
(a)
Disqualifications. Except as provided in Section (b) of this
rule, an appointment as receiver shall not be granted to an individual,
or to a corporation having a principal officer, who:
(1)
is related by blood or marriage to a party or attorney in the
action;
(2)
is an attorney for, or of counsel for any party in the action;
(3)
is an officer, director, stockholder or employee of a corporation
the assets of which are in question; or
(4)
stands in any relation to the subject of the controversy that
would tend to interfere with the impartial discharge of his duties
as an officer of the court.
(b)
Exception. If the Court is satisfied that the best interests
of the estate would be served, an individual or corporation otherwise
disqualified under Section (a) of this rule may be appointed
as receiver by an order specifically sett ing forth the reasons
for departing from the general rule.
Rule 6.2 Attorneys for Receivers
Application.
An attorney for the receiver shall be employed only upon order
of the Court, upon written motion of the receiver stating the
reasons for the requested employment and naming the attorney
to be employed.
Rule 6.3 Inventories of Receivers
Not
later than 30 days after his appointment, the receiver shall
file with the Court a detailed report and inventory of all property,
real or personal, of the estate, designating the property within
his possession or control.
Rule 6.4 Appraisal for Receivers
(a)
Appraisers. Appraisers for receivers may be appointed only upon
order of court or agreement of the parties with the approval
of the court. If appraisers are appointed, they shall be selected
by the court.
(b)
Appraisal by Receiver. If no appraisers are appointed, the receiver
shall investigate the value of the property of the estate and
show in the inventory the value of the several items listed as
disclosed by the investigation.
Rule 6.5 Reports of Receivers
(a)
Time of Filing. The receiver shall file his first report at the
time of filing his inventory and additional reports annually
thereafter. Special reports may be ordered by the court, and
a final report shall be filed upon the termination of the receivership.
(b)Forms.
The court may prescribe forms to be used for reports of a receiver.
PART
7. BONDS
Rule
7.1 Surety Companies
(a)
Authorization. Bonds with a corporation or association licensed
to transact surety business in the State as surety will be approved
only if the surety has filed with the clerk of this court a certified
copy of the license issued to the surety by the Director of Insurance.
Rule 7.2 Justification of Sureties
Any
person assured by a bond executed in this court may by motion
request the sureties to justify. The motion shall be accompanied
by an affidavit showing grounds for believing the sureties to
be insufficient, the manner of inquiry, and the facts ascertained.
If the court finds the affiant's belief is well-founded, it may
order that either the sureties shall justify within a time specified
or a new bond be furnished with sufficient sureties.
PART
8. SPECIAL PROCEEDINGS
Rule 8.1 Proceedings Under the Workers' Compensation Act
(a)
Applications for Judgment Under Sec. 19. Applications for judgment
under Section 19(g) of the Workers' Compensation Act or of the
Workers' Occupational Diseases Act shall be made by filing a
verified complaint with the clerk of the court, setting forth.
(1)
the award of the arbitrator or the decision of the Industrial
Commission;
(2)
the payments, if any, that have been made under the award or
decision;
(3)
that no petition is pending for review by the Industrial Commission
of the award, or that no proceedings are pending for review by
any court or of the decision of the Industrial Commission; and
(4)
that, if attorneys' fees are sought, the applicant has demanded
payment by the employer and that payment has been refused.
(b)
Presentation of Application. Upon application in open court for
judgment under Section 19(g) of the Workers' Compensation Act
or of the Workers' Occupational Diseases Act, there shall be
presented to the court: (1) the original complaint described
in Section (a) of this rule;
(2)
a certified copy of the award or decision;
(3)
a certified copy of notice filed with the Industrial Commission
of the application for judgment; and
(4)
if the application is based upon a decision of the Industrial
Commission, a certificate of the Industrial Commission or its
secretary showing that no writ of certiorari or notice of any
proceedin g for review of the decision has been served upon or
received by the Commission or its secretary.
Rule 8.2 Proceedings in Matrimonial Cases
(a)
Matrimonial Cases. For purposes of this rule, matrimonial cases
are defined as any proceedings for an order or judgment relating
to dissolution of marriage, legal separation or declaration of
invalidity of marriage, including proceedings concerning such
matters as maintenance, temporary maintenance, child custody
or support or writs of ne exeat.
All
motions, petitions, and applications made after entry of a final
judgment or order in matrimonial cases shall be in writing and
shall be presented to the judge hearing matrimonial motions.
(b)
Proceedings for Modification. All proceedings for the modification
of a final and appealable judgment or order which has been entered
more than thirty days shall be initiated by appropriate notice
directly to the party against whom relief is sought. Mere notice
of the hearing to the last attorney of record shall not be sufficient.
(c)
Affidavit of Income, Expenses and Net Worth.
(1)
In all matrimonial cases involving petitions for attorneys' fees,
court costs, maintenance, disposition of property, child support,
or child custody, and petitions for modification of previous
judgments relating thereto, if a contested hearing is to be held,
not less than seven days before the date of such hearing the
moving party, unless for good cause the Court otherwise directs,
shall file the appropriate form (suggested forms are in Appendix
A) in duplicate with proof of service pursuant to Supreme Court
Rules 11 and 12, to include:
(A)
A verified inventory of all property, divided into two categories
marital and non-marital, showing the nature of the interest and
the appraised or estimated value of each item;
(B)
An affidavit of current income and expenses; and
(C)
A detailed, verified statement of net worth.
(2)
If a contested hearing is to be held as to any of the foregoing,
the party responding to the petition, unless the court for good
cause otherwise directs, shall file not less than three days
before the date of such hearing in duplicate with proof of service
pursuant to Supreme Court Rules 11 and 12 the same information
listed in (1) above.
(3)
The parties shall prepare and produce a completed Affidavit of
Income, Expenses and New Worth as referenced in paragraphs (c)(1)(A-C)
above, upon request pursuant to Illinois Supreme Court Rule 213
or 214 and within the time permitted by said Rule.
(d)
Affidavit of Amount Due in Rules to Show Cause.
(1)
In all proceedings involving petitions for rule to show cause
for failure to pay maintenance, child support or other matrimonial
monetary obligations, if a contested hearing is to be held, not
less than seven days before the date of such hearing the moving
party, unless for good cause the Court otherwise directs shall
file (suggested form is in Appendix B) in duplicate with proof
of service pursuant to Supreme Court Rules 11 and 12 a verified
mathematical calculation of:
(A)
The amount due showing the number of payments accrued during
the period alleged and the amount of each;
(B)
The number and amount of payments made; and
(C)
The balance due.
(2)
If a contested hearing is to be held as to any of the foregoing,
the party responding to the order, unless the Court for good
cause otherwise directs, shall file not less than three days
before the date of said hearing in duplicate with proof of service
pursuant to Supreme Court Rules 11 and 12 the information listed
in (d) (1) above.
(3)
If the party responding to the order contends that the failure
to pay is due to inability, unless the Court for good cause otherwise
directs, he shall file not less than three days before the date
of the hearing in duplicate with proof of service pursuant to
Supreme Court Rules 11 and 12 the information listed in (c) (1)
above.
Rule 8.3 Proceedings in Accounting Actions
(a)
In an accounting action if the court finds a party is entitled
to an accounting, it shall order all parties obligated to account
to file written accounts.
(b)
A written accounting shall identify receipts and disbursements
by naming the date and payor or payee of each transaction, a
sufficient statement of the purpose or fact s surrounding each
transaction to constitute justification, the assets on hand at
the beginning and at the end of the period of accounting, and
shall contain such other and further information as the court
requires.
(c)
A written accounting shall be verified on oath unless excused
by the court.
(d)
Within a time fixed by the court, any party to an accounting
action may file specific written objections to the form or substance
of the accounting filed, requesting specific relief, such as,
for example, a money judgment, an injunction, removal from office,
or a more detailed statement of accounts. Any objections not
reduced to writing and timely filed are waived.
(e)
If objections to a written accounting are filed, within a time
fixed by the court all other parties shall file answers or otherwise
plead to the objections filed, thereby placing the cause at issue
for a trial on the merits of the objections.
(f)
In an accounting action any or all of the requirements of this
rule may be modified or waived by order of the court. |