Rules of General Practice

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PART 1. APPEARANCES AND DEFAULT



1.1 Notice of Proceedings
1.2 Appearance of Parties


PART 2. HEARING OF MOTIONS



2.1 Notice of Hearing of Motions
2.2 Emergency and Ex Parte Motions Where Notice is Not Required


PART 3. PROCEEDINGS BEFORE TRIAL



3.1 Form of Written Discovery Requests
3.2 Form of Responses to Written Discovery Requests
3.3 Days for Taking Depositions
3.4 Subpoenas for Production of Documents
3.5 Signing of Notice of Hearing or Notice of Deposition


PART 4. PRE-TRIAL CONFERENCES



4.1 Requirement of Pre-Trial Conferences
4.2 Case Management Conferences (Supreme Court Rule 218)


PART 5. JUDGMENTS, ORDERS AND DECREES



5.1 Service of Rules and Orders to Show Cause
5.2 Satisfaction of Money Judgment or Decree Where Judgment Creditor Cannot Be Found


PART 6. RECEIVERS



6.1 Qualifications of Receivers
6.2 Attorneys for Receivers
6.3 Inventories of Receivers
6.4 Appraisal for Receivers
6.5 Reports of Receivers


PART 7. BONDS



7.1 Surety Companies
7.2 Justification of Sureties


PART 8 SPECIAL PROCEEDINGS



8.1 Proceedings Under the Workers' Compensation Act
8.2 Proceedings in Matrimonial Cases
8.3 Proceedings in Accounting Actions


 


 


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.

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