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PART 1 ORGANIZATION

Rule 1.1 Definitions

Rule 1.2 Rules of Court

Rule 1.3 Chief Judge

Rule 1.4 Presiding Judge

Rule 1.5 Judicial Assignments

Rule 1.6 Committees

Rule 1.7 Court Personnel

Rule 1.8 Selection of Associate Judges

Rule 1.9 Judicial Meetings

Rule 1.10 Jurors, Terms of Service, Summons and Excuse

Rule 1.11 Court Accessibility

Rule 1.12 Assistance for Self-Represented Litigants

Rule 1.13 Soliciting and Loitering Prohibited

Rule 1.14 Decisions Within 60 Days

Rule 1.15 Courtroom Decorum

Rule 1.16 E-Mail Communication with Judges

Rule 1.17 Photographing, Recording, Broadcasting, or Televising in or Near

Courtrooms

Rule 1.18 Chief Judge Personnel

Rule 1.19 Electronic Court Reporting

PART 2 E-FILING

Rule 2.1 Authority

Rule 2.2 Requirement of Electronic Filing

Rule 2.3 Definitions

Rule 2.4 Registration; Authorized Users

Rule 2.5 Method of Filing

Rule 2.6 Privacy

Rule 2.7 Format of Documents; E-Filing of Multiple Documents; Rejection

Rule 2.8 Signatures

Rule 2.9 Maintenance of Original Documents

Rule 2.10 Time of Filing; Acceptance by the Clerk and Electronic Filing Stamp

Rule 2.11 Electronic Service and Filing Proof of Service

Rule 2.12 Collection of Fees

Rule 2.13 System or User Errors

PART 3 CLERKS OF THE CIRCUIT COURT

Rule 3.1 Clerk’s Duties

Rule 3.2 Pleadings and Court Files

Rule 3.3 Sealing and Impoundment

Rule 3.4 Hours of the Office of the Clerk

Rule 3.5 Forms and Legal Assistance

Rule 3.6 Issuance of Subpoenas; Docket Entries

Rule 3.7 Custody of Evidence

Rule 3.8 Judge’s Notes

PART 4 APPEARANCES

Rule 4.1 Appearances

Rule 4.2 Appearance Fees

Rule 4.3 Application for Waiver of Court Fees

Rule 4.4 Remote Appearances

Rule 4.5 [Reserved]

Rule 4.6 Hearings by Telephone

PART 5 MOTIONS AND OTHER PRE-TRIAL PROCEEDINGS

Rule 5.1 Motion Practice

Rule 5.2 Specific Motions

Rule 5.3 Civil Case Management Conference

Rule 5.4 Discovery Documents

Rule 5.5 Discovery in Criminal Cases

Rule 5.6 Subpoenas

Rule 5.7 Written Draft Orders

Rule 5.8 Settlement Conference

Rule 5.9 Final Pretrial Conference

Rule 5.10 Trial Continuances

Rule 5.11 Foreclosure Sales

Rule 5.12 Warnings on Post-Judgement Notices

Rule 5.13 Dismissal for Want of Prosecution

PART 6 CIVIL MEDIATION

Rule 6.1 Purpose of Mediation

Rule 6.2 Referral by Judge or Stipulation

Rule 6.3 Scheduling Mediation

Rule 6.4 Mediation Rules and Procedures

Rule 6.5 Mediator Qualifications

PART 7 CONTEMPT OF COURT

Rule 7.1 Contumacious Conduct Defined

Rule 7.2 Direct Criminal Contempt

Rule 7.3 Indirect Criminal Contempt

Rule 7.4 Civil Contempt

PART 8 DISSOLUTION OF MARRIAGE AND FAMILY LAW CASES

Rule 8.1 Disclosures Required in Dissolution of Marriage and Family Law Cases

Rule 8.2 Parenting Education

Rule 8.3 Settlement Conference

Rule 8.4 Criteria for Placement on Approved List of Attorneys

Rule 8.5 Mediation

PART 9 PROBATE PROCEEDINGS

Rule 9.1 Probate Act

Rule 9.2 Admission of Will to Probate When Holographic or in Language Other

Than English

Rule 9.3 Deposition of Witness to Will or Codicil

Rule 9.4 Supplemental Proceedings

Rule 9.5 Safety Deposit Box

Rule 9.6 Investment by Guardian

Rule 9.7 Expenditures from Ward’s Estate

Rule 9.8 Required Inventory Descriptions

Rule 9.9 Procedure for Disposition of Claims

Rule 9.10 Inaction in Probate Estates

Rule 9.11 Account of Disbursements

Rule 9.12 Periodic Accounts

Rule 9.13 Jury Demand

Rule 9.14 Settlement of Personal Injury or Death Action in Decedent’s Estate

Rule 9.15 Withdrawal of Funds Deposited with Treasurer

Rule 9.16 Withdrawal of Ward’s Money

Rule 9.17 Assignment of Interest

Rule 9.18 Payment of Distributive Share to Citizen and Resident of Foreign

Country

Rule 9.19 Fees

PART 10 DISPOSITION OF CASES OF MINORS OR DISABLED PERSONS

Rule 10.1 Settlement of Minor’s or Ward’s Personal Injury, Wrongful Death, or

Survival Statute Claim

Rule 10.2 Distribution of Funds to a Minor Pursuant to Judgment

PART 1. ORGANIZATION

Rule 1.1 Definitions. The following terms in these Rules are defined as follows:

(a) “Circuit” means and refers to the Circuit Court of the Fifteenth Judicial

Circuit, Illinois.

(b) “Court” means and refers to the circuit court and, if applicable, the judge

presiding over a case.

(d) “Rules” means and refers to these Local Rules of the Circuit.

(e) “Supreme Court Rules” and “S. Ct. R.” mean and refer to the Rules of the

Illinois Supreme Court.

(f) “SRL” means and refers to a self-represented litigant, who is a person who

does not retain an attorney and appears in court proceedings on his or her own behalf.

Rule 1.2 Rules of Court

(a) Power of Court to Adopt Rules. These Rules are promulgated pursuant to

735 ILCS 5/1-104(b), which provides that circuit courts may make rules regulating their

dockets, calendars, and business, and S. Ct. R. 21(a), which provides that a majority of the

circuit judges in each circuit may adopt rules governing civil and criminal cases consistent

with the Supreme Court Rules and Illinois statutes.

(b) Effective Date; Existing Rules Repealed. These Rules shall become

effective March 12, 2021. All prior rules of the Circuit are hereby repealed.

majority vote of all circuit judges of the Circuit, with each voting judge being mailed a

copy of the proposed amendment at least 10 days before the vote.

Rule 1.3 Chief Judge

(a) Selection. A majority of the circuit judges of the Circuit shall select, by

secret ballot, one of their number to serve as Chief Judge for a four-year term, having

commenced January 1, 2020, and shall select a Chief Judge in the same manner every four

years thereafter. No Chief Judge may succeed himself or herself in office.

(b) Acting Chief Judge. The Chief Judge shall designate one of the circuit

judges to act as Acting Chief Judge in his or her absence or when the Chief Judge is unable

to serve. The designation shall be in writing and promulgated to all circuit judges. The

Acting Chief Judge shall have the same powers and duties as the Chief Judge when the

Chief Judge is absent or unable to serve.

majority of the circuit judges shall select a circuit judge to fill the unexpired term. Any two

circuit judges may call a meeting of the circuit judges for the purpose of electing a Chief

Judge to fill the unexpired term of office. A judge elected under this section may succeed

himself or herself in office for one full four-year term. The election shall be held within

three weeks of the vacancy, and at least seven days’ notice shall be given to all circuit

judges.

(d) Chief Judge’s Powers and Duties. The Chief Judge is responsible for the

administration of all courts in the Circuit and shall direct the Circuit’s operations. A Chief

Judge has general administrative authority over the Circuit, including authority to provide

for general or specialized divisions, to provide for functional units, and to designate

appropriate times and places of holding court. The Chief Judge is subject to, and

responsible for, the implementation and enforcement of the rules, orders, policies, and

directives of the Illinois Supreme Court, the Chief Justice of the Illinois Supreme Court,

and the Director of the Administrative Office of the Illinois Courts. All orders entered by

the Chief Judge shall be kept on file in the office of the Court Administrator and the office

of each Clerk. The Court Administrator shall maintain the orders as permanent court

records, which will be available for inspection as public documents. Copies will be

available for a nominal fee.

(e) Removal of the Chief Judge. A majority of the circuit judges may at any

time by written notice call a meeting of the circuit judges at a time and place stated for the

purpose of considering the removal of the Chief Judge from the office of Chief Judge. A

copy of the notice shall be delivered, e-mailed with receipt verification, or mailed postage

prepaid to each circuit judge at least five days before the time fixed for the meeting. At the

meeting, the judges shall vote by secret ballot on the question “Shall the present Chief

Judge be removed from office?” If a majority of the judges vote for removal, the Chief

Judge is thereby removed from office, and the judges at once shall elect a new Chief Judge

to take office.

Rule 1.4 Presiding Judge

(a) Designation. The Chief Judge shall by administrative order designate a

judge in each county of the Circuit as the Presiding Judge in that county. The Presiding

Judge shall sit at the pleasure of the Chief Judge. The Chief Judge may serve as the

Presiding Judge of the county in which he or she presides.

(b) Powers and Duties of the Presiding Judge. The Presiding Judge or his or

her designee shall call and impanel grand and petit juries, submit budgets, administer the

judicial department of the county in which he or she presides, and perform such other duties

as may be required for the proper administration of justice. He or she may promulgate

administrative orders within his or her county not inconsistent with these Rules or the

administrative orders of the Chief Judge. All administrative orders issued by the Presiding

Judge shall be tendered to the Chief Judge 14 days before their effective date. An

administrative order shall take effect on its effective date unless the Chief Judge

disapproves the proposed administrative order.

Rule 1.5 Judicial Assignments

(a) Assignments by the Chief Judge. The Chief Judge shall assign circuit

judges and associate judges to the various counties within the Circuit and may further

assign all judges on a case-by-case basis.

(b) Assignments by the Presiding Judge. The Presiding Judge may assign

judicial duties to the circuit and associate judges regularly assigned to that county by the

Chief Judge.

Rule 1.6 Committees

(a) Formation of Committees. The Chief Judge may create and dissolve

standing or ad hoc committees and may appoint judges and/or administrative staff to any

committee. Any standing committee shall be established by administrative order.

(b) Judicial Liaison Committee. Until such time as it is dissolved by the Chief

Judge, the Circuit shall maintain a Judicial Liaison Committee. A circuit judge and an

associate judge appointed by the Chief Judge and representatives of county bar associations

in the Circuit will comprise the Committee. The Committee’s goals are to enhance

communication between the bench and the bar in the Circuit, propose and review changes

to these Rules, and otherwise foster an effective and collegial relationship between the

bench and the bar.

Rule 1.7 Court Personnel

(a) Court Complement. A full court complement consists of the judge,

courtroom clerk, and bailiff when court is in session. A full complement shall be

maintained whenever directed by the Presiding Judge.

(b) Courtroom Clerk. The courtroom clerk shall be the Clerk or a deputy clerk

authorized to swear witnesses. The clerk shall attend court when court is in session unless

excused on a case-by-case basis by the Court. The clerk shall obtain all necessary files and

docket sheets for cases to be heard, swear witnesses, and perform other duties as the Court

directs.

courtroom, attend to the jury when placed in his or her custody, and perform other duties

as the Court directs.

Rule 1.8 Selection of Associate Judges

(a) Application Process. Election to the office of associate judge will be in

accordance with S. Ct. R. 39 and the following additional local procedures:

(1) After applications are closed pursuant to S. Ct. R. 39, the Chief

Judge shall make the applicants’ names public for a period of at least 28 days to allow for

public comment. All public comment shall be in writing and addressed to the Chief Judge’s

office. The Chief Judge’s office shall make all public comments available to each circuit

judge before interviews.

(2) During the time for public comment, the Chief Judge’s office shall

investigate the background of each candidate, including but not limited to reviewing

ARDC, LEADS, credit history, and other pertinent records.

(3) The circuit judges shall conduct an en banc interview with each

candidate. If a candidate has been interviewed within the previous 24 months, the circuit

judges by majority vote may agree to forgo an additional interview.

(b) Contact with Candidates. It shall be within the discretion of each circuit

judge whether he or she will allow contact with a candidate during the application process

to address the candidate’s application.

Rule 1.9 Judicial Meetings

(a) Circuit Judges. The Chief Judge shall convene a meeting of the circuit

judges at least three times each year.

(b) Associate Judges. The Chief Judge shall convene a meeting of the associate

judges at least three times each year.

and associate judges at least once each year.

Rule 1.10 Jurors, Terms of Service, Summons, and Excuse

(a) Grand Jurors. Grand jurors shall be called by the Presiding Judge or jury

commission for a specified period not to exceed 18 months. After being impaneled,

instructed, and sworn, the grand jury shall sit from time to time until permanently

discharged by the Court. The Presiding Judge shall direct the grand jury, or a committee

thereof, to inspect the jail and any juvenile detention facility at least annually and submit

its report to the Presiding Judge.

(b) Petit Jurors. Petit jurors shall be called by the Presiding Judge or the jury

commission for a period of time to be designated by the Presiding Judge. The Presiding

Judge or the jury commission shall certify to the Clerk the number of petit jurors required,

together with the date, time, and place of reporting and period of service. Jury commissions

are authorized to employ computers or similar devices to assemble and draw general,

active, and period jury lists from voter registration and driver’s license lists and as

otherwise provided by law.

summons on all grand jurors and petit jurors at least 15 days before the first day of service.

Jury summonses may be served by regular mail to the addresses as listed in the voter

registration or driver’s license files.

(d) Jury Excuses. The Presiding Judge, his or her designee, or the jury

commissioner is authorized to excuse summoned jurors, continue their service, and

regulate their assignments to the various courtrooms within the county.

(e) Applicable Rules. The grand jury and petit jury are subject to the jury

commission’s rules.

Rule 1.11 Court Accessibility

(a) Physical Facilities. Judges and court personnel shall endeavor to make the

physical facilities and services of the courthouse available to persons with disabilities or

those who request accommodation under the Americans with Disabilities Act.

(b) Reasonable Accommodations. When appropriate and necessary, the Court

may enter orders to provide for, among other things, emergency designation of additional

courtrooms, the rendering of physical assistance to individuals, recessing of court to a more

appropriate location, designation of interpreters, and the temporary or permanent provision

of essential equipment.

effectively communicate to senior citizens and persons with disabilities that special

services and equipment will be made available to them to ensure their access to the due

administration of justice.

(d) Interpreters. Whenever reasonably possible, language interpreters or a

language interpretation service will be made available to litigants and witnesses who are

unable to communicate effectively in English. Each county shall maintain a policy for

whether and when the cost of the language interpreter or a language interpretation service

shall be charged to a party.

Rule 1.12 Assistance for Self-Represented Litigants

(a) Expectations. An SRL, under the law, is held to the same standards and

duties as an attorney. An SRL is expected to know what the law requires and how to

proceed in accordance with applicable statutes and these Rules.

(b) No Legal Advice. In the performance of their official duties, court

personnel and staff of the Clerk may not give legal advice to an SRL.

an SRL regarding procedural matters by referring the individual to these Rules and/or

providing the SRL an electronic or printed version of all or part of these Rules. Court

personnel and staff of the Clerk also may refer an SRL to the law library in the courthouse,

pre-printed forms maintained by the Clerk, local and state bar associations, and/or any

organization providing legal advice or services to SRLs.

Rule 1.13 Soliciting and Loitering Prohibited

(a) Prohibited Solicitation. Attorneys may not solicit business in the

courthouses.

(b) Prohibited Loitering. Loitering in or about the rooms or corridors of the

courthouses is prohibited. Unapproved groups congregating or causing a disturbance or

nuisance in the courthouses are prohibited. Picketing or parading outside of the building

housing the Court within the immediate proximity of the Court is prohibited only when the

picketing or parading obstructs or impedes the orderly administration of justice.

and court bailiffs shall enforce this Rule, either by ejecting violators from the courthouse

or causing them to appear before one of the judges for a hearing and imposition of

punishment as the Court deems proper.

Rule 1.14 Decisions Within 60 Days

(a) Prompt Decisions Encouraged. All judges are encouraged to render their

decisions promptly when matters are ready for decision, and, except as hereinafter

provided, no judge shall keep a matter under advisement or fail to render a decision in a

matter submitted to that judge for longer than 60 days after the matter is ready for decision.

For the purposes of this Rule, a matter is ready for decision when the Court has received

all written submissions and heard all arguments ordered by the Court. A judge taking a

case under advisement shall set the case for a date certain within that time for entering the

decision or conducting a status conference.

(b) Reporting by Judge. Any case taken under advisement that has not been

decided by the judge within 60 days shall be reported by the judge to the Presiding Judge

or Chief Judge with an explanation of the reason the decision has not been rendered.

Presiding Judge or the Chief Judge.

Rule 1.15 Courtroom Decorum

(a) Judicial Responsibility. It shall be the Court’s responsibility to enforce

proper courtroom decorum of all court staff, attorneys, and persons within the courtroom

in which he or she is presiding. Each judge should be attired in a judicial robe whenever

he or she presides. Any provision in this Rule 1.15 may be waived by the Court or by

appropriate administrative order entered by the Presiding Judge.

(b) Opening of Court. All persons who are able should stand when court is

opened, recessed, reconvened, or adjourned.

(1) Male attorneys shall wear coat and tie, and female attorneys shall

wear appropriate business attire for courtroom proceedings.

(2) Court clerks and probation officers shall wear uniforms or

appropriate business attire.

(3) Court reporters shall wear appropriate business attire.

(4) Bailiffs shall wear attire to identify themselves as court security

personnel.

(5) Except for religious or medical purposes, no caps or hats may be

worn while court is in session.

(6) SRLs, litigants, witnesses, and jurors shall wear appropriate attire,

which does not include short shorts, tank-tops, or clothing that exposes bare midriffs.

(7) No vulgar language shall be visible on attire.

(8) No outerwear, such as overcoats, shall be worn in the courtroom

while court is in session.

(d) Food, Drink, and Tobacco Products. No food, candy, beverages, or

tobacco products may be consumed in the courtroom during the business day except when

food or drink is allowed with leave of the Court. Leave will be given for the consumption

of medical necessaries.

(e) No Entry if Under the Influence of Alcohol or Drugs. No person shall

enter or remain in a court facility while under the influence of alcohol or drugs. This

prohibition shall not apply in cases in which a drug is being used as prescribed for a patient

by a licensed physician.

(f) No Animals. Dogs and other animals, except licensed and certified service

animals, shall not be brought into any court facility without leave of Court.

(g) No Solicitation. Distribution, posting, or affixing materials such as

pamphlets, handbills, or flyers, on bulletin boards or elsewhere within or on any court

facility is prohibited, except as authorized.

(h) No Nuisances. The following conduct is prohibited in all courthouses in the

Circuit:

(1) Any conduct that creates loud or unusual noise or a nuisance;

(2) Any conduct that unreasonably obstructs the usual entrances, foyers,

lobbies, corridors, offices, elevators, work areas, stairways, or courtrooms;

(3) Any conduct that otherwise impedes or disrupts the performance of

official duties by employees in the courthouse; and

(4) Any conduct that prevents the general public from obtaining the

services provided in the courthouse in a safe and timely manner.

(i) Conduct During Proceedings. Persons present in court shall conduct

themselves as follows:

(1) Counsel and SRLs should stand when addressing the Court unless

medically unable to do so.

(2) Counsel and SRLs may not engage opposing counsel or an opposing

SRL in a colloquy. All comments or arguments should be addressed to the Court.

(3) Counsel and SRLs may not approach the bench, the court reporter,

the clerk, or a witness without leave of the Court.

(4) Counsel and SRLs may not request the court reporter to go off the

record or to read back a portion of the proceedings. These requests should be made to the

Court.

(5) No one may possess or use a cellphone or pager in the audible mode,

nor may any person receive or make cellphone calls in the courtroom while court is in

session.

(6) No one may read newspapers or magazines in the courtroom while

court is in session.

(7) Counsel and SRLs are to maintain a reasonable distance from the

jury box during jury trials. Counsel and SRLs are to avoid physical contact with the jury

box and jurors.

(8) Attorneys, court personnel, and SRLs should avoid conversation

among themselves or with others while waiting to be called when court is in session.

(j) Exhibits

(1) Marking Exhibits. Counsel and SRLs should mark exhibits in

advance of trial with exhibit stickers when available. Exhibits should be marked as

“Plaintiff’s,” “Petitioner’s,” “Defendant’s,” or “Respondent’s” as appropriate.

(2) Copying Exhibits. When practicable, copies of exhibits should be

furnished to the Court, opposing counsel, and any opposing SRL no later than when the

exhibit is offered in evidence. When practicable, a list of exhibits should be furnished to

the Court, opposing counsel, and any opposing SRL no later than the beginning of the

hearing. Unless use of an exhibit was not reasonably anticipated, counsel and SRLs should

make their own copies of exhibits. Except in limited circumstances, photocopiers provided

in courtrooms are not intended to be used for photocopying of exhibits.

(3) Displaying Exhibits to Jury. Exhibits may not be displayed to the

jury without leave of Court and until received in evidence.

(4) Possession of Exhibits. Possession and responsibility for exhibits

remains with the proponent until the exhibits are received in evidence, at which time the

Clerk shall become responsible for the possession of the exhibits, unless otherwise ordered

by the Court.

Rule 1.16 E-Mail Communication with Judges. Unless specifically requested to do

so by a judge or court personnel, attorneys and SRLs should not send ex parte e-mails to

judges regarding pending matters. Unless otherwise requested by the judge or court

personnel, e-mails regarding scheduling or other procedural matters should be sent to the

judge’s court reporter, specialist, or assistant. A copy of any permitted e-mail sent to a

judge or other e-mail sent to a judge’s court reporter, specialist, or assistant should at the

same time be sent to all opposing counsel and SRLs who have appeared in the case.

Rule 1.17 Photographing, Recording, Broadcasting, or Televising in or Near

Courtrooms

(a) Audio and Video Recording Prohibited. Except as provided in the

Circuit’s Extended Media Coverage policy, the taking of photographs, audio or video

recording, or broadcasting by radio, television, or other electronic means in connection

with any judicial proceeding in any courtroom, or in areas immediately adjacent to any

courtroom, including public hallways of any courthouse of this Circuit, are prohibited. This

prohibition includes audio or video transmission or recording of judicial proceedings made

by cellphone, personal data assistant, laptop computer, tablet, and other wired or wireless

data transmission and recording device.

(b) Use of Personal Electronic Devices. Access to the courtrooms, chambers,

and court offices shall be denied to persons possessing cameras or recording devices other

than “personal electronic devices” identified below. Any person found possessing a camera

or prohibited recording device within the courtroom, chambers, or court offices in violation

of this Rule shall have his or her name and address recorded by security staff and shall be

escorted out of the building. A second violation by the same person may result in

confiscation of the equipment. Except as otherwise required by county security policies,

cellphones are not barred, but their use in any of the courtrooms for calling or making audio

or video recording is strictly prohibited. Anyone violating this Rule shall be subject to

contempt proceedings.

“personal electronic devices” includes smartphones, tablets, and laptop computers.

(d) Exceptions. The provisions of this Rule shall apply during the regular

business hours of the Court, except:

(1) Court reporters may make recordings of courtroom proceedings in

the performance of their regular duties;

(2) Incidental to ceremonial proceedings, any judge, with the

permission of the Presiding Judge or the Chief Judge, may permit the taking of

photographs, audio or video recording, and broadcasting by radio and television within the

area of the judge’s courtroom, chambers, or court offices; and

(3) In special circumstances as authorized by the Chief Judge.

(e) Purpose of Rule. The purpose of this Rule is to implement the provisions

of the Supreme Court Rules and to provide for the orderly administration of justice. This

Rule shall not be applied in a way that conflicts with any Supreme Court Rule.

Rule 1.18 Chief Judge Personnel. No Chief Judge personnel may be changed except

by majority vote of the circuit judges.

Rule 1.19 Electronic Court Reporting

(a) Approval for Use. Pursuant to S. Ct. R. 46 and the regulations in regard to

Standards of Security of the Official Record of Court Proceedings effective December 13,

2005, electronic reporting systems are approved for use in the Circuit. Pursuant to these

regulations, personnel shall be trained and certified to operate the electronic recording

system.

(b) Preserving Electronic Recordings. The production of the physical

medium storing the electronic recording of court proceedings shall be monitored by

certified operators of the electronic reporting system, who shall tag with their initials each

electronic recording at the time of recording. The electronic recording medium shall be

securely preserved in an unaltered and unalterable condition.

only for the purpose of preserving the words spoken in formal courtroom proceedings,

hearings, and trials, so that a transcript, which is the official record, may be subsequently

produced. The digital computer recordings are owned by the Circuit and may be used only

pursuant to Rule or administrative order.

(d) Unintended Recordings. Any spoken words in the courtroom that are not

a part of the proceeding, hearing, or trial are not intended recordings. Other than by certified

operators of the electronic recording system to orient themselves on recording content, they

may not be listened to or used in any way.

(e) Authorized Playbacks. Playback of any portion of the computer recording

of a proceeding, hearing, or trial is authorized only:

(1) During the proceeding, hearing, or trial at the direction of the Court;

(2) By certified court reporting personnel to create a transcript as the

official record; or

(3) At the direction of the Court for use by the Court.

(f) Transcripts. A request for a transcript from either the electronic recording

system or a court reporter may be obtained by completing a Transcript Request Form,

available in the court reporter’s office. Transcripts generated from the electronic recording

systems shall be prepared in accordance with applicable statutory authority, rule, and

regulation and shall be certified.

PART 2. E-FILING

Rule 2.1 Authority. The Circuit has been approved to accept the electronic filing of

documents in civil proceedings. Specific authority has been granted for electronic filing by

Illinois Supreme Court Order M.R. 18368 amended January 22, 2016, mandating electronic

filing in civil case types effective January 1, 2018, through the utilization of a centralized

electronic filing manager (EFM) authorized by the Illinois Supreme Court.

Rule 2.2 Requirement of Electronic Filing

(a) Requirement. Except as otherwise set forth in these Rules and the Supreme

Court Rules, the Court requires electronic filing in all civil cases. With approval of the

Director of the Administrative Office of the Illinois Courts, the Court by written

administrative order may authorize or require electronic filing of additional types of cases.

The Clerk shall direct any phasing in of case types.

(b) Testamentary Documents. Wills and other testamentary documents shall

not be accepted for electronic filing. Any unapproved case or document type filed

electronically by a Filer may be rejected by the Clerk.

Rule 2.3 Definitions. The following terms in these Rules are defined as follows:

(a) “Conventional Filing” means and refers to the filing of paper documents or

information with the Clerk.

(b) “E-document” means and refers to a document electronically filed under

these Rules.

transmission of information or documents between the Clerk and an electronic filing

service provider for the purposes of case processing.

(d) “Electronic Filing Manager” and “EFM” mean and refer to the service

approved by the Illinois Supreme Court and used by circuit courts to manage the flow of

documents and data among Filers, clerks, and the judiciary.

(e) “Electronic Service” and “E-service” mean and refer to an electronic

transmission of documents to an SRL, attorney, or representative in a case. However, E-

service shall not confer jurisdiction when personal service is required by law.

(f) “Filer” means and refers to an individual who has registered a username and

password with the EFM.

(g) “Portable Document Format” and “PDF” mean and refer to a file format

that preserves all fonts, formatting, colors, and graphics of any source document regardless

of the application platform used.

(h) “Vendor” means and refers to an internet-based service provider that

provides an online platform for scanning and filing court documents.

Rule 2.4 Registration; Authorized Users

(a) Registration Requirement. Before E-filing any document, a user must

(b) Required Attorney Information. Attorneys must register with the Clerk

and shall at a minimum provide the following information: firm name; attorney names and

ARDC registration numbers; address; phone number; e-mail address for E-service; staff

contact information; and an approved method for paying filing fees.

to identify an attorney and to verify that an attorney is licensed and in good standing with

the Illinois Supreme Court. The Clerk is authorized to verify whether an attorney who

registers as a Filer is authorized to practice in Illinois.

(d) SRLs. SRLs may utilize E-filing through a Vendor in the manner prescribed

by the Clerk.

(e) Registration with Vendor. All Filers shall be registered through their

Vendor. All registrations will be used to identify the source of any document submitted

electronically to the Clerk.

(f) Workstation. The Clerk shall provide attorneys and SRLs in e-filed cases

access to an e-file computer workstation. The E-filing workstation shall be available during

normal business hours and without charge.

Rule 2.5 Method of Filing

(a) Acceptance and Approval. The Clerk shall accept and approve filings

electronically, through a Vendor or through the Clerk’s computer workstation.

(b) Conventional Filing. At no time shall the E-filing program prevent or

exclude the ability to file any pleading or document that is required to be filed by

Conventional Filing.

electronically file documents, the Clerk shall scan documents filed by Conventional Filing

by that party into the electronic file.

(d) Access to Court Documents. The method of filing shall not affect the right

of access to court documents. The Clerk shall maintain public access viewing to allow

electronic records and electronic documents to be displayed to the public. Electronic access

and dissemination of court records shall be in accordance with applicable policies of the

Illinois courts.

Rule 2.6 Privacy. It is the responsibility of the Filer to ensure documents or exhibits

filed electronically do not disclose information previously or statutorily impounded or

sealed under these Rules or private information as defined in Supreme Court Rules 15 and

138. The Clerk is not responsible for the content of e-filed documents and has no obligation

to review, redact, or screen any expunged, sealed, or impounded information.

Rule 2.7 Format of Documents; E-Filing of Multiple Documents; Rejection

(a) Required Information. All E-documents shall, to the extent practicable,

be formatted in accordance with the applicable Supreme Court Rules and these Rules

governing the formatting of paper pleadings. Additionally, each E-document shall include

the case title, case number, and nature of the filing.

(b) Identifying Information. Each E-document shall include the typed name,

e-mail address, mailing address, and telephone number of the Filer. Attorneys shall include

their ARDC registration number on all E-documents.

(1) The size of the type in the body of the text must be no less than 12-

point font.

(2) The size of the pages must be 8 ½ by 11 inches.

(3) The margins on each side of the page must be a minimum of 1 inch.

(4) The top right 2-inch by 2-inch corner of the first page of each

pleading must be left blank for the Clerk’s stamp.

(d) PDF Format. All electronically filed documents must be in PDF format.

(e) Maximum File Size. The maximum file size allowable is as determined by

a Vendor’s program. If a document exceeds the maximum size allowed, the Filer must

divide the document into appropriately sized parts and file multiple documents, each under

the maximum file size.

(f) Protection Against Alteration. Filers shall take all reasonable steps to

ensure E-documents are unalterable by the Vendor and can be printed with the same content

and format as if printed from the authoring program. The Vendor is required to make each

E-document that is not infected by a virus available for transmission to the Clerk

immediately after successful receipt and virus checking of the document.

(g) Bulk Filings. Bulk filings of multiple cases or multiple documents

combined into one PDF document shall not be accepted by the Clerk; however, multiple

citations being electronically filed may be transmitted to the Clerk as a single transaction

directly from a law enforcement agency. Documents with different case numbers must be

filed individually in separate transactions. Filing of individual documents within a case

shall be accepted in a single Electronic Filing transaction; however, each individual

document must be uploaded and titled individually.

(h) Rejection. The Clerk may reject a document submitted for E-filing if the

document does not comply with the format specified by applicable statute, these Rules,

applicable Supreme Court Rules, or the Statewide Standards.

(i) Links. E-documents containing links to material either within the filed

document or external to the filed document are for convenience purposes only. The external

material behind the link is not considered part of the filing or the basic record.

Rule 2.8 Signatures

(a) Signatures by Attorneys. E-documents requiring the signature of an

attorney may be signed by the attorney or bear a facsimile or typographical signature of

the attorney authorizing the filing. If an E-document bears a facsimile or typographical

signature, the E-document shall be deemed to have been signed by the attorney identified.

(b) Signatures by Non-Attorneys. Certificates, proofs, or affidavits of service

in E-documents signed by a non-attorney under the supervision of an attorney may be

signed by the non-attorney or bear a facsimile or typographical signature of the non-

attorney serving the E-document. If an E-document bears a facsimile or typographical

signature of a non-attorney serving the E-document, the certificate, proof, or affidavit of

service shall be deemed to have been signed by the non-attorney identified.

signature, any E-document filed with user identification and password shall be deemed to

have been personally signed by the holder of the user identification and password.

(d) Other Signatures. Except as set forth in Rules 2.8(a) and 2.8(b), E-

documents requiring a signature or signatures shall be signed by each person whose

signature is required.

(e) Signatures by Judges. Orders submitted by E-filing may be signed by the

judge through a facsimile signature placed on the order by the judge.

Rule 2.9 Maintenance of Original Documents. Anyone E-filing a document that

requires an original signature certifies that, by so filing, the original signed document exists

in the Filer’s possession. Unless otherwise ordered by the Court, the Filer shall maintain

and preserve all documents containing original signatures that are filed electronically until

one year after the date that any judgment or dismissal order has become final and

unappealable. The Filer shall make signed originals available for inspection by the Court,

the Clerk, or other attorneys in the case on seven days’ notice. At any time, the Clerk may

request from the Filer a hard copy of an electronically filed document, which shall be

provided within seven days of reasonable notice.

Rule 2.10 Time of Filing; Acceptance by the Clerk and Electronic Filing Stamp

(a) Transmission Date. Except as set forth in Rule 2.13, the transmission date

and time of transfer shall determine the date and time of the E-filing. Pleadings received

by the Clerk before midnight on a day the Clerk’s office is open shall be deemed filed that

day. If filed on a day the Clerk’s office is not open, the document will be deemed filed the

next business day.

(b) Notification of Acceptance or Rejection. The EFM shall provide

notification of a receipt, acceptance, or rejection of E-documents.

to the E-document. Filings so endorsed shall have the same force and effect as documents

file stamped in the conventional manner.

Rule 2.11 Electronic Service and Filing Proof of Service

(a) Jurisdiction. Electronic Service does not confer jurisdiction. Therefore,

documents that require personal service to confer jurisdiction may not be served

electronically and must be served in the conventional manner.

(b) E-Service. E-service shall be made in accordance with Supreme Court

Rules 11 and 12 and shall be deemed complete at the posted date and time of transmission

listed by the Vendor. The E-service of a pleading or other document shall be considered

valid and effective service on all parties that are registered to receive E-service and shall

have the same legal effect as personal service of an original paper document.

Clerk, and the EFM of any change of name, mailing address, phone or fax number, or e-

mail address.

(d) Courtesy Copies. If requested by the Court, parties shall provide courtesy

copies of documents to the Court.

(e) Service on Parties not Registered. Service of documents on parties not

registered as an E-filing or E-service participant shall be made as otherwise provided by

order, rule, or statute.

Rule 2.12 Collection of Fees

(a) Payment. The payment of statutory filing fees to the Clerk in order to

achieve valid filing status, unless otherwise waived, shall be as authorized through the

EFM.

(b) Waiver. When the E-filing includes a request for waiver of fees pursuant to

S. Ct. R. 298, payment of the fees shall be stayed until the Court rules on the request.

Rule 2.13 System or User Errors

(a) No Liability. Neither the Court nor the Clerk shall be liable for malfunction

or errors occurring in electronic transmission or receipt of E-documents.

(b) Effect on Filing Dates. If a document intended to be electronically filed is

not deemed filed by the Clerk on the date the document was transmitted to the Clerk for

filing because of (1) an error in the transmission of the document to the Vendor that was

unknown to the sending party, (2) a failure to process the electronic filing when received

by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems

experienced by the Filer, or (5) the party was erroneously excluded from the service list,

the Court may on satisfactory proof enter an order permitting the document to be

subsequently filed effective as of the date filing was first attempted.

circumstances, anyone prejudiced by the requirement in these Rules to accept a subsequent

filing effective as of the date filing was first attempted shall be entitled to an order

extending the date for any response or period within which any right, duty, or other act

must be performed.

PART 3. CLERKS OF THE CIRCUIT COURT

Rule 3.1 Clerk’s Duties. In addition to the duties listed in Rule 1.7(b), it shall be the

duty of the Clerk to: (1) immediately notify the Presiding Judge and the state’s attorney of

the filing of a petition for post-conviction relief and, at the Presiding Judge’s direction, set

the petition for hearing in accordance with Illinois law; (2) immediately deliver copies of

any notice of appeal to the responsible court reporters; (3) retain all exhibits received in

evidence unless otherwise ordered by the Court; (4) prepare lists of pending civil and

criminal cases as requested by the Court; and (5) comply with all administrative orders of

the Presiding Judge and the Chief Judge.

Rule 3.2 Pleadings and Court Files

(a) Caption. Each pleading shall set out the name of the circuit and county and

the designation of the parties.

(b) Filing Fee. The Clerk shall not accept a pleading for filing or electronic

filing unless the pleading is accompanied by any required filing fee or an application to sue

or defend as an indigent person pursuant to S. Ct. R. 298 and 735 ILCS 5/5-105. A pleading

accompanied by a petition to sue or defend as an indigent person is considered filed when

it is electronically filed or properly presented to the Clerk for filing. The Clerk shall

promptly present all petitions to sue or defend as an indigent person to the Court for

consideration.

is not electronically filed shall be legibly signed by at least one attorney of record in his or

her individual name or by the SRL.

(d) Removal. No pleading, exhibit, file, or other document shall be removed

from the Clerk’s office except by leave of Court.

(e) No Filing by Facsimile. The Clerk shall not file documents received by

facsimile transmission unless otherwise authorized by Supreme Court Rule or the Court.

Rule 3.3 Sealing and Impoundment

(a) Presumption of Openness. A strong statutory presumption of public access

to the Court’s files and records exists that may be overcome only on a compelling showing

that the public’s right of access is outweighed by the interests of the public and the parties

in protecting files, records, or documents from public view. Nothing in this Rule shall be

construed to expand or restrict statutory provisions for sealing files, records, or documents

or those rules promulgated by the Illinois Supreme Court or the Administrative Office of

the Illinois Courts pursuant to the Manual on Recordkeeping. For purposes of this Rule,

“sealing” means to remove all access to the file, record, or document except for users

authorized by the Court or these Rules. “Impoundment” means to remove all access to the

file, record, or document except for users authorized by statute or the Court.

(b) Written Order Required. Except as otherwise provided by statute, the

Manual on Recordkeeping, or these Rules, files, records, or documents may be impounded

or sealed only on order of the Court.

and controlled by statute or rule. Except as set forth in exceptions (1), (2), and (3),

impoundments shall be limited to the identified record or document:

(1) Juvenile files shall be impounded subject to the terms of 705 ILCS

405/1-8 and 705 ILCS 405/5-901. An attorney who represents a client in a pending criminal

matter may without leave of the Court review the file from any juvenile court delinquency

proceeding in which the client was the respondent minor, except to the extent any document

in the file was specifically sealed by the Court during that proceeding.

(2) Adoption files shall be impounded subject to the terms of 750 ILCS

50/18.

(3) Proceedings under the Parental Notice of Abortion Act shall be

sealed pursuant to the terms of 750 ILCS 70/25.

(4) Fitness reports and psychological and/or psychiatric evaluations

shall be impounded subject to the terms of 725 ILCS 5/104-19.

(5) Presentence investigation reports shall be impounded subject to the

terms of 730 ILCS 5/5-3-4 (a) and (b).

(6) Mental health records shall be impounded subject to the terms of

740 ILCS 110/1 et seq.

(7) Reports filed with respect to adjudication of disability and

appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.

(8) Financial affidavits and other documents described in Rule 8.1(c)

shall be impounded as described in the Rule.

(9) Judge’s notes as described in Rule 3.8 shall be impounded as

described in the Rule.

(10) Pre-trial bond reports and substance abuse evaluations shall be

impounded unless otherwise directed by the Court.

(d) Procedure for Sealing or Impounding. All motions to seal or impound a

file, record, or document must be made in writing and presented to the Court after

appropriate notice to all parties. The motion must explain the basis for sealing or

impounding the file, record, or document and specify the proposed duration of the sealing

or impounding order. Any motion to seal or impound, on specific request, may also be

sealed or impounded if it contains a discussion of the confidential material. The Court shall

enter a written order granting, granting in part, or denying the request. If the Court grants

the motion in whole or in part, the order shall designate whether the entire file, record, or

document or only a portion of the entire file, record, or document shall be sealed or

impounded. The order shall further designate whether it includes removing the parties’

names from public access and the duration the file is to be sealed or impounded.

(e) Review of Sealed and Impounded Files. Unless otherwise specified in the

order, the Clerk annually shall present for each judge’s review a list of all files, records, or

documents sealed or impounded by the judge. If the judge ordering the file, record, or

document to be sealed or impounded is no longer available, then the case shall be referred

to the Chief Judge or his or her designee for review. The judge ordering the case, record,

or document sealed or impounded shall review the file to determine whether the case,

record, or document will remain sealed or impounded. A judge may unseal and open a case,

record, or document if a party fails to object to unsealing or opening within 30 days

following written notice of the intent to unseal or open. For purposes of this Rule, review

of files sealed or impounded as described in Rule 3.3(c) is not required.

(f) Motion to Rescind Sealing or Impounding Order. A person or entity

seeking access to a sealed or impounded case, record, or document, regardless of whether

they were a party in the original case and regardless of whether the case is pending or

closed, may, on the proper filing of an appearance and if required, paying the appropriate

filing fee, file a motion requesting the order sealing or impounding the case, records, or

document be vacated. The Clerk within 14 days shall set the motion for hearing before the

judge who ordered the case, record, or document to be sealed or impounded. If the judge

ordering the case, record, or document sealed or impounded is no longer available or cannot

hear the motion within the 14 days, the case shall be referred to the Chief Judge or his or

her designee for review.

Rule 3.4 Hours of the Office of the Clerk. Each Clerk’s office shall be closed on

Saturdays and Sundays and on holidays designated by the Chief Judge. If the deadline for

filing a notice, pleading, or action is on a Saturday, Sunday, or designated holiday, the time

for filing the notice, pleading, or action is extended to the next business day of the Court.

Each Clerk’s office shall be open eight hours per business day.

Rule 3.5 Forms and Legal Assistance

(a) Forms. Each Clerk shall provide forms approved by the Illinois Supreme

Court, the Conference of Chief Judges, or the Circuit to parties and attorneys or direct those

requesting forms to the appropriate location or website to obtain the forms.

(b) Prohibition Against Giving Legal Advice. No Clerk, deputy clerk, or

court personnel shall provide legal advice or make specific referrals to attorneys. These

employees, however, may assist those who are illiterate or cannot read or write in the

English language in completing forms. This Rule does not prevent any employee from

referring a person to programs that provide legal assistance to indigent persons and/or to

state or local bar associations.

Rule 3.6 Issuance of Subpoenas; Docket Entries

(a) Issuance. Subpoenas shall be issued only by the Clerk or his or her

authorized deputies or licensed attorneys in accordance with 725 ILCS 5/115-17, 735 ILCS

5/2-1101, and Rule 5.6. Subpoenas of the Clerk or of attorneys may issue only in pending

proceedings on file with the Clerk and shall be returnable only for dates set before the

Court, except as otherwise provided for subpoenas issued in the course of discovery

pursuant to Illinois law.

(b) Docket Entries. When the Clerk or his or her authorized deputy issues a

subpoena, the Clerk or deputy shall make docket entries at the times of issuance and return

recording that those events have occurred.

Rule 3.7 Custody of Evidence

(a) Duty to Preserve. The Clerk shall take custody of all items admitted in

evidence by the Court at any proceeding, hearing, or trial. The Clerk shall preserve,

safeguard, and account for each piece of admitted evidence until specifically relieved of

that duty by court order and shall bring the evidence back into the courtroom as required

by the judge. When court is not in session, every effort shall be made by the Clerk to secure

all contraband items or items of intrinsic value or danger in a secure safe or a locked storage

area, and the Clerk shall not entrust them to another’s possession. At the conclusion of a

case, the Clerk shall retain custody of all items in evidence, preserving, safeguarding, and

accounting for them until the Clerk may be relieved of custody by court order.

(b) Removal of Evidence. Items in evidence removed from the Clerk’s custody

shall be specifically listed in a written order or enumerated orally on the record, and

entrusted to a named individual, such as a deputy sheriff, bailiff, or attorney. When

alternate custody is no longer needed, all removed items shall be immediately returned to

the Clerk’s custody, and the return of each item shall be memorialized by written order or

enumerated orally on the record.

evidence shall be retained by the proffering party, unless ordered to be taken into the

custody of the Clerk for purposes of future review. Once taken into custody by the Clerk,

an item shall be preserved, safeguarded, and accounted for in the same manner as an item

in evidence.

Rule 3.8 Judge’s Notes. At the request of any judge, the Clerk may, for the sake of

convenience and judicial economy, keep and maintain a judge’s trial and/or hearing notes

in the court file. These notes are the property of the judge and shall not be filed of record

by the Clerk. A judge’s notes shall be placed in an envelope, which shall be sealed and

marked “Judicial Notes - Impounded Documents,” together with the name of the judge

requesting the notes be preserved and stored. The Clerk may, at the time of file destruction,

dispose of a judge’s notes found in a court file by returning them to the judge, or, if the

judge approves, is retired, or deceased, by destroying them using approved methodology

pursuant to the Local Records Act and the retention schedules established by the Illinois

Supreme Court.

PART 4. APPEARANCES

Rule 4.1 Appearances

(a) Written Appearances by Attorneys. An attorney for a party shall file a

written appearance, by pleading or otherwise, before the attorney addresses the Court.

Every written appearance must contain the attorney’s legible name, address, telephone

number, and e-mail address. If the appearance is filed by a law firm, the appearance shall

indicate the specific attorney or attorneys responsible for the case. The attorney shall serve

copies of the written appearance in the manner required for the service of pleadings. The

attorney must seasonably update information contained in the appearance. This Rule 4.1(a)

and Rule 4.2 also shall apply to limited scope appearances.

(b) Written Appearances by SRLs. An SRL shall file a written appearance,

by pleading or otherwise, before participating in any hearing before the Court. Every

appearance must contain the SRL’s legible name, address, telephone number, and, if

required, e-mail address. If the appearance is not e-filed, the SRL must sign the appearance,

and the SRL’s signature must be acknowledged before a notary public or other person

authorized to administer oaths under Illinois law. If the appearance contains a waiver of

notice or consent to immediate hearing, the SRL shall set forth in the appearance that the

SRL has received a copy of any pleading seeking relief with respect to him or her and

attach a copy of that pleading to the appearance. The SRL shall serve copies of his or her

appearance in the manner required for the service of pleadings.

summons is required to plead within the same time as if served with summons on the day

he or she appears.

Rule 4.2 Appearance Fees

(a) Number of Fees. If a single appearance is filed for several parties, a single

appearance fee shall be paid. If separate appearances are entered for several parties, either

by the same or different attorneys, separate appearance fees shall be paid.

(b) Supplementary Proceedings. No appearance fee shall be required of a

person cited in supplementary proceedings under the provisions of 735 ILCS 5/2-1401.

is filed.

Rule 4.3 Application for Waiver of Court Fees. An Application for Waiver of

Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme

Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by

another person having knowledge of the facts, and shall be e-filed in accordance with the

Rules, unless e-filing is excused by the Court. If an applicant must personally appear to

present the application and any supporting evidence to the Court, the Clerk shall inform

the applicant of the time and place of the appearance when the applicant files the

application.

Rule 4.4 Remote Appearances

(a) Permitted Remote Appearances and Required Personal Appearances.

Except as otherwise set forth in this Rule, a person’s opportunity to participate remotely in

civil, juvenile, and criminal matters shall be as set forth in S. Ct. R. 45, 725 ILCS 5/106D-

1, and 725 ILCS 5/109-1(f). Unless the Court has waived a person’s appearance for a

specific hearing or proceeding, a person not permitted by S. Ct. R. 45, 725 ILCS 5/106D-

1, or 725 ILCS 5/109-1(f) to appear remotely must appear in person for the hearing or

proceeding.

(b) Exemptions. Pursuant to S. Ct. R. 45(b)(1), Rochelle municipal court

proceedings and all juvenile matters are exempt from the option in S. Ct. R. 45 to appear

remotely without advance approval. Persons may appear remotely in these exempted case

and proceeding types only with the Court’s approval.

remotely should be aware of the following:

(1) All courts within the Circuit use Zoom for remote hearings. All

persons desiring to appear remotely must be able to access and use the Zoom platform with

devices capable of receiving and transmitting data without interruption.

(2) Zoom links to judges’ courtrooms can be found on the Circuit’s

website, www.15thjudicialcircuit.com, or on each county’s website:

Carroll County: www.carroll-county.net/judicial/index.php

JoDaviess County: www.jodaviesscountyil.gov/court

Lee County: www.leecountyil.com/490/Judicial-Virtual-Courtroom-Links

Ogle County:

www.oglecounty.org/departments/circuit_clerk/zoom_links_for_court.php

Stephenson County:

www.stephensoncountyil.gov/government/circuit_clerk_and_court/zoom_courtrooms.ph

(3) Other information and assistance regarding remote appearances can

be obtained from the websites identified above and from the Circuit Clerks:

Carroll County: (815) 244-0230

JoDaviess County: (815) 777-2295

Lee County: (815) 284-5234

Ogle County: (815) 732-1130

Stephenson County: (815) 235-8266

(d) Procedures for Requesting Permission to Appear Remotely. Unless

otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case

exception made within the Court’s discretion, a person seeking permission to appear

remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written

motion filed, scheduled, and served as required by Local Rule 5.1.

(e) Conduct of Remote Hearings and Required Decorum. Unless otherwise

ordered by the Court, remote hearings shall be conducted as follows:

(1) The Court will host the hearing and control entry into the hearing;

(2) If requested by a party and if technologically feasible, the Court may

allow breakout meetings, private chats, or other private

communication between attorneys and clients during the hearing;

provided, however, that during the testimony of any person, that

person may not communicate by private chat with any other person;

(3) The Court is responsible for the official record of the remote

hearing, and no party may record any part of the hearing through the

Zoom platform or any other means;

(4) Any person permitted to testify remotely must appear by both video

and audio;

(5) When a participant is not speaking, the participant shall mute her or

his microphone;

(6) All participants must be in an environment free of video and/or

audio distractions;

(7) No exhibit may be used during a remote hearing unless a copy of

the pre-marked exhibit was provided to all other parties and the

Court at least one full business day before the hearing;

(8) The Court shall be entitled to terminate or suspend the remote

hearing for technological or other reasons at any time;

(9) Remote hearings shall be conducted to the same standards as

hearings in a courtroom and in accordance with the Illinois Rules of

Civil Procedure, Illinois Rules of Evidence, Illinois Supreme Court

Rules, and the Local Rules;

(10) The precise method in which a remote hearing will be conducted

remains within the discretion of the Court, within the bounds of

applicable law, rules, and practice procedures;

(11) All persons must use and display their real names (not aliases,

“user,” or “iPhone”) on the Zoom platform to gain entrance to and

participate in the hearing;

(12) If a party or a party’s witness requires the use of an interpreter, that

party shall be responsible for coordinating with the Court how the

interpreter will be obtained and involved in the hearing;

(13) Participants should be appropriately dressed and conduct

themselves as they would in a courtroom;

(14) Participants should ensure any background used is appropriate; and

(15) Participants should not sit directly in front of or behind a window or

otherwise use lighting that interferes with the quality of the video.

(f) Communication of Rule 4.4. To ensure persons desiring to appear

remotely are informed regarding this Rule 4.4, a link to Rule 4.4 shall be created on each

website identified in Rule 4.4(c)(3) and copies of Rule 4.4 shall be posted in each Circuit

Clerk’s office and available in each courtroom.

Rule 4.5 [Reserved]

Rule 4.6 Hearings by Telephone

(a) When Permitted. Pursuant to S. Ct. R. 185, routine, uncontested motions

and pre-trial conferences may be held in civil cases by telephone if requested by all

attorneys or SRLs of record, supported by existing technology, and allowed by the Court.

(b) No Record. Unless arranged with the Court before a telephone conference,

no verbatim record will be taken or maintained of any telephone conference conducted

pursuant to Rule 4.6(a).

PART 5. MOTIONS AND OTHER PRE-TRIAL PROCEEDINGS

Rule 5.1 Motion Practice

(a) Form of Motions. Every motion shall identify in its title or introductory

paragraph the relief sought and the section of the Code of Civil Procedure, Code of

Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought.

Every motion also shall set forth its factual and legal bases and be accompanied by the

citation to any legal authority the moving party desires the Court to consider.

(b) Notice of Hearing of Motions

(1) Notice Required. Except during trial, written notice of the hearing

of a motion shall be given to all parties who have appeared and have not been found by the

Court to be in default and to all parties whose time to appear has not expired on the date of

notice. Notice that additional relief is being sought shall be given in accordance with S. Ct.

R. 105.

(2) Content of Notice. In the notice, the party shall provide the title and

number of the action, the name of the judge expected to hear the motion, and the time and

date when the motion will be presented. The party shall serve a copy of the motion with

the notice or state the motion previously has been served. If the motion is for a finding of

a default under Rule 5.2(1), either the notice or the motion must inform the defendant that

if the defendant is found to be in default at the hearing, the defendant shall not be entitled

to notice of further proceedings in the action.

(3) Manner of Service. Notice shall be given in the manner and to the

persons described in S. Ct. R 11.

(4) Good Faith Effort to Cooperate in Scheduling; Time of Notice.

Whenever reasonably possible, an attorney or SRL setting a matter for hearing shall make

a good-faith effort to work with the Court and all opposing attorneys or SRLs to set the

hearing at a time and date that is mutually convenient and consistent with the Court’s

docket. If an attorney or SRL has made this good-faith effort and obtained a mutually

convenient time and date acceptable to the Court, the hearing may be set at that time, and

notice shall be served accordingly. Unless otherwise allowed by the Court, if an attorney

or SRL has made this good-faith effort but an opposing party has not cooperated in

determining a mutually agreeable time and date, notice of the hearing must be served at

least three days before the hearing. Unless otherwise allowed by the Court, if an attorney

or SRL has not made this good-faith effort, notice of the hearing may not be served less

than 10 days before the hearing; provided, however, that if the notice is served on any party

by regular mail, the notice of hearing must be mailed at least 14 days before the hearing.

The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if

a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she

has complied with this Rule.

motion; provided, however, that parties are discouraged from attaching previously filed

pleadings as exhibits to motions.

(d) Failure to Call Motions for Hearing. The burden of calling a motion for

hearing is on the moving party. If a motion is not called for hearing within 90 days from

the date it is filed, the Court may enter an order striking the motion.

(e) Oral Argument. At the discretion of the Court, a motion may be taken by

the Court by submission only, with each party submitting briefs and the Court ruling

without oral argument or hearing.

Rule 5.2 Specific Motions

(a) Motions for Default

(1) Determination of Default. If a defendant fails to file a written

appearance or appear in person or through an attorney in response to a summons returnable

on a date certain, the Court may find the defendant in default on the return date without

further notice or proceeding. In all other instances, a plaintiff seeking a finding that a

defendant is in default for failing to appear, answer, or otherwise plead must file a written

motion asking that the defendant be found in default and specifying what other relief, if

any, the plaintiff will seek during the hearing on the motion. If the plaintiff seeks entry of

a judgment or order (other than an order finding the defendant in default), the plaintiff shall

serve a copy of the proposed judgment or order with the motion for default. Service of a

notice of motion and motion for default shall be made in accordance with Rule 5.1.

(2) Damages on Default. When a defendant is in default or found in

default under Rule 5.2(a)(1), proof of damages may be made by a verified complaint,

affidavit, sworn witness testimony, or other proof the Court deems sufficient. Verified

complaints and affidavits must be signed by the plaintiff or an agent of the plaintiff, not by

the plaintiff’s attorney.

(b) Ex Parte and Emergency Motions

(1) Filing Required. Every complaint or petition requesting an ex parte

order appointing a receiver, a temporary restraining order, a preliminary injunction, a

domestic violence order, or any other emergency relief shall be filed with the Clerk, if

during business hours, before presentation to the Court.

(2) Notice Not Required. Emergency motions and motions that, by

law, may be heard ex parte may, at the discretion of the Court, be heard without giving

notice. Emergency motions deemed by the Court to be a valid emergency shall, when

practicable, be given precedence over other matters before the Court.

(3) Notice After Hearing. If a motion is heard without prior notice

under this Rule, written notice 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, shall be served by the attorney or SRL obtaining the order on all parties who have

appeared or have not been found by the Court to be in default and on all parties whose time

to appear had not expired on the date of the hearing. Proof of service 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 S. Ct. R. 11.

(4) Order on Denial. If a motion heard without prior notice is denied,

the Court shall spread of record an order of the denial.

type, a motion for consolidation shall be presented to the judge to whom the oldest case is

assigned. When the cases are not of the same case type, a motion for consolidation shall be

brought before the judge assigned to the case with the higher designation. For the purpose

of this Rule, L is the highest designation, followed by MR, CH, ED, D, F, TX, MH, P, OP,

LM, and SC.

(d) Motions to Continue. No motion to continue shall be allowed for other

than good cause. Agreements of counsel as to a motion to continue shall not be binding on

the Court. The Court may require affidavits of the parties and attorneys.

(e) Dispositive Motions

(1) Time for Filing. All dispositive motions (e.g., motions to dismiss,

motions for judgment on the pleadings, motions for summary judgment) must be filed and

brought to argument (pursuant to notice) before the Court no later than 90 days before the

assigned trial date. The Court may limit or extend this time in the interests of justice.

(2) Briefs. Briefs in support of dispositive motions shall be filed with

the motion. Unless otherwise ordered by the Court, responsive briefs in opposition to

dispositive motions shall be filed no later than 28 days after the dispositive motion is filed.

Replies to responsive briefs may be allowed in the discretion of the Court and, if allowed,

shall be filed within the time allowed by the Court.

Rule 5.3 Civil Case Management Conference

(a) Initial Case Management Conference. An initial case management

conference shall be scheduled in all civil cases pursuant to Supreme Court Rules 218 and

904 as follows:

(1) The times and dates shall be prearranged on the schedule of the

judges assigned to hear the cases.

(2) The time and date of the initial case management conference shall

be affixed to the original pleading and on all copies served on or retained by the parties or

indicated in a separate document completed by the Clerk to be delivered to the plaintiff and

to be served with the summons on all defendants.

(3) The date of the initial case management conference in proceedings

for which a date certain summons is served or for which a notice of hearing is included in

the original filing shall be the date set for return or the date set forth in the notice, and the

parties shall be notified as set forth above.

(4) The judges of each county shall meet with their respective Clerks

and establish case management conference dates at least six months in advance.

(5) All parties or their attorneys shall appear at the initial case

management conference. Failure to appear may result in a dismissal or default, as

applicable.

(6) At the initial case management conference, the Court shall proceed

in accordance with Supreme Court Rules 218 and 904.

(7) Other than as set forth above, initial case management conferences

shall be scheduled as follows: L and ED cases: 90-120 days after filing; CH, MR, D, AD,

and F cases: 60-90 days after filing; P cases: 9-10 months after filing.

(b) Continuances. All continuances of a case management conference shall be

to a date certain for a subsequent case management conference and made pursuant to a

written order or docket entry.

Rule 5.4 Discovery Documents

(1) Filing. Pursuant to S. Ct. R. 201(m), and unless otherwise ordered

by the Court, depositions, interrogatories, requests to produce or inspect, answers,

responses, and other similar discovery documents shall not be filed with the Clerk. This

Rule does not apply to requests to admit facts or the genuineness of documents or the

answers or responses to those requests. However, if relief is sought concerning any

deposition, interrogatory, request for production or inspection, answer to interrogatory, or

response, copies of the portion of the deposition, interrogatory, request, answer, or response

shall be attached to the request for relief as an exhibit and filed with the Clerk.

(2) Proof of Serving and Answering Discovery Documents.

Discovery documents shall be served in accordance with S. Ct. R. 11. Proof of serving or

answering discovery documents shall be filed with the Clerk and shall identify the

discovery document being served or answered and contain the case title and number, date

served, and the sending and receiving parties.

Rule 5.5 Discovery in Criminal Cases. Whenever the Court, pursuant to Supreme

Court Rules 411-415, orders a party to a criminal proceeding to disclose facts, materials,

exhibits, documents, statements, reports, or other relevant matters to other attorneys or

SRLs involved in the case, the following procedure shall be followed:

(a) Disclosure. The party shall disclose the materials ordered by the Court to

be disclosed either by providing copies or by arranging a meeting during which the

materials will be exhibited to the opposing attorney or SRL; the disclosing attorney or SRL

should also prepare a receipt or acknowledgment to be signed by the receiving attorney or

SRL indicating those materials supplied to or exhibited to him or her.

(b) Receipt. The attorney or SRL receiving or reviewing the materials shall

acknowledge that fact by signing a receipt provided by the disclosing party.

disclosure, all parties at the time of trial or other disposition of the case shall file the receipt

or acknowledgment showing compliance with the Court’s order on discovery.

(d) Non-Filing of Discovery Materials. The Clerk shall not accept for filing

any exhibits, reports, or other materials in response to discovery orders entered by the

Court.

Rule 5.6 Subpoenas

(a) Issuance. On request, the Clerk shall issue a subpoena for testimony or for

the production of specified documents, objects, or tangible things. Any testimony or item

may be sought that constitutes or contains evidence relating to any matter within the scope

of examination permitted under the Supreme Court Rules. No subpoena may be returnable

less than 10 days following its date of service. Any subpoena seeking documents shall bear

the following legend on the face of the subpoena or conspicuously attached to the

subpoena:

YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING

LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED

DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS

APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS

SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING

THAT THE DOCUMENTS MAILED ARE COMPLETE AND

ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE

WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS

CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT

MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS

BEFORE THE DATE STATED ON THE SUBPOENA.

(b) Service. Subpoenas issued under this Rule shall be served in accordance

with Supreme Court Rules. A copy of the subpoena and proof of service shall be served on

all parties within 48 hours of issuance. Service of a subpoena by mail may be proved prima

facie by return receipt showing delivery to the recipient or the recipient’s authorized agent

by certified or registered mail at least 10 days before the date on which compliance is

required and an affidavit setting forth that the mailing was prepaid and addressed to the

recipient, restricted delivery, return receipt required, when the subpoena was mailed, and

that a check for the witness and mileage fee was provided with the subpoena.

subpoena and, for good cause shown by the objecting party, the Court may quash the

subpoena or impose conditions or limitations the Court deems appropriate.

(d) Costs; Additional Copies. The party causing the subpoena to be issued

shall be liable to the party subpoenaed for the reasonable costs of copying and any required

witness fee and/or mileage. The Court may enter orders as necessary to enforce the

payment of these copying costs. Any party may request copies of all materials obtained by

a party pursuant to this Rule. Expenses of copying shall be borne by the party requesting

copies, and the materials shall be reproduced and forwarded to the requesting party not less

than 10 days following receipt of the subpoenaed materials.

(e) Response. The recipient of a subpoena requesting testimony shall appear at

the time and place indicated on the subpoena, if payment of the witness fee and mileage

has been tendered. The recipient of a subpoena requesting specified documents, objects, or

tangible things who has actual or constructive possession or control of the materials shall

respond by the date indicated on the subpoena, if payment of the witness fee and mileage

has been tendered, either in person or by mail with appropriate certification.

Rule 5.7 Written Draft Orders. When the Court enters a ruling in any case, it may

require that a written order be submitted through e-filing or otherwise, and the attorney or

SRL directed to submit the order shall do so within 30 days or other time established by

the Court. Before submitting the order to the Court, the attorney or SRL preparing the order

shall first tender the proposed order to all other attorneys and SRLs of record. If the parties

do not agree as to the form of the order, the Court shall decide the issue after hearing.

Approval as to form shall not be construed as approval as to substance, and the Court may

enter the order even if approval is withheld. The attorney or SRL preparing the order shall

place his or her name, address, and telephone number at the lower left portion of the last

page of the order. An agreed order should be so designated.

Rule 5.8 Settlement Conference. Within 30 days of discovery being completed in a

civil case, it is recommended that a settlement conference be conducted with the Court to

explore the possibility of settlement and to determine if the issues can be narrowed. All

settlement conferences shall be undertaken pursuant to S. Ct. R. 63A(5)(c). When a

settlement conference is to be conducted, each attorney or SRL shall prepare a written

memorandum setting forth the relevant facts of the case, the party’s settlement position,

and the bases for that position and deliver a copy of the memorandum to the Court at least

seven days before the conference. Unless the parties agree that the memoranda may be

submitted to the Court confidentially, the party preparing a memorandum shall serve the

memorandum on all other attorneys or SRLs but shall not file the memorandum with the

Clerk. Unless specifically excused by the Court, the attendance of parties with the ability

to meaningfully negotiate toward a settlement agreement on behalf of a party and, if

successful, to bind that party to an enforceable settlement agreement is required. The Court

may order the trial attorneys, the parties, and/or a representative of a defendant’s insurer to

attend the settlement conference, in person or by telephone or video conference. Because

parties participating in a settlement conference may learn a judge’s thoughts and

impressions about the case, any party who agrees to participate in a settlement conference

under this Rule waives the right to substitute the judge participating in the conference as a

matter of right. All parties, however, retain the right to seek to substitute the judge for

cause.

Rule 5.9 Final Pretrial Conference

(a) Required Documents. When a final pretrial conference is scheduled, the

attorneys for each of the parties and each SRL shall file and serve pretrial documents as

required by the Court at least 10 days before the final pretrial conference. Unless otherwise

ordered, the pretrial documents shall include the following:

(1) exhibit lists;

(2) voir dire questions;

(3) jury instructions;

(4) special interrogatories;

(5) trial memoranda;

(6) statements of the case setting forth the time and place of the alleged

occurrence, a brief description the occurrence, the names of the parties and their attorneys,

and a list of witnesses the parties expect to call;

(7) motions in limine (to be heard at the final pretrial conference); and

(8) evidence deposition transcripts and objections.

(b) Settlement Before Trial. If a case settles before a scheduled final pretrial

conference or before trial, the attorneys for the parties and each SRL shall notify the Court

of the settlement as soon as reasonably possible.

the following representatives shall attend the final pretrial conference:

(1) trial attorneys for each party;

(2) all SRLs;

(3) the plaintiff(s); and

(4) a representative of the defendant(s) who has authority to settle the

case.

(d) Exhibits. At the final pretrial conference or at any other time as may be

designated by the Court, the Court may direct the parties to produce all exhibits they expect

to offer in evidence. Each of the exhibits shall be marked for identification by the court

reporter, clerk, or attorneys, as the Court directs. The parties shall then stipulate as to the

exhibits to which there are no objections, and those exhibits shall be admitted in evidence

without the necessity of further foundation.

Rule 5.10 Trial Continuances

(a) Requests for Continuances. All motions to continue a trial shall fully

comply with this Rule and 735 ILCS 5/2-1007, S. Ct. R. 231, and 725 ILCS 5/114-4, as

applicable. The motion shall be filed, and written notice given to all attorneys and SRLs

of record, at least seven days before the trial date and set for hearing at least four days

before the trial date. If the motion is based on a conflicting setting, the motion shall be

accompanied by an affidavit of the attorney setting forth the name of the other case, the

name of the judge before whom the case in pending, the time and place of the conflicting

setting, and the date the conflicting setting was set. Even if a motion to continue a jury

trial is agreed or uncontested, a continuance will be allowed only when justice otherwise

would be denied. An agreed or stipulated motion to continue a bench trial will only be

allowed on good cause shown and, whenever practicable, an agreed or stipulated motion

to continue a bench trial must be heard at least four days before the trial is to begin. Only

the Court can grant a motion to continue a trial.

(b) Conditions; Sanctions. The Court, on its motion or on motion of the party

not seeking the continuance, may condition a continuance on the moving party’s payment

of juror fees, witness fees, attorneys’ fees, lost wages, and/or other reasonable expenses

associated with continuing the trial. If justice requires that a trial be continued because of

the conduct of the non-moving party, the Court may assess sanctions against the non-

moving party under S. Ct. R. 137 and/or S. Ct. R. 219. This Rule does not in any way limit

the Court’s contempt power.

Rule 5.11 Foreclosure Sales

(a) Officer to Conduct Sales. All judgments directing the sale of real estate

shall designate the sheriff or judicial officer approved by the Court as the officer to conduct

the sale. The sheriff or judicial officer is hereby authorized to retain the services of an

auctioneer and assess the costs of the auctioneer to the plaintiff.

(b) Services of Plaintiff. In all real estate sales in foreclosure, the plaintiff or

attorney for the plaintiff, unless otherwise directed, shall prepare the appropriate

documents and otherwise aid the Court and sheriff in carrying out the sale, which

documents and services shall include (but not be limited to) the following:

(1) Preparation of the publication notice for sale and arranging for

publication of the notice as required by law;

(2) Preparation of the sheriff’s report of sale to be executed by the

sheriff as well as the sheriff’s deed or deeds, if needed;

(3) Preparation of the certificate of sale in duplicate to be executed by

the sheriff; and

(4) Preparation of orders approving the report of sale for entry by the

Court, as well as a memorandum of judgment when applicable.

the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff

with:

(1) A certified copy of the judgment directing sale;

(2) A certificate of publication of the notice of sale; and

(3) A certificate showing copies of the notices of sale have been mailed

to parties to the action, when applicable.

(d) Record of Fees and Commissions on Sales. The sheriff shall prepare and

keep on file, open to inspection by the Court and others, a full and complete record of all

fees and commissions received for sales conducted by the sheriff under authority of the

Court, which record shall show the dates and amounts received and the title and number of

each case.

Rule 5.12 Warnings on Post-Judgment Notices. Notices of hearings to discover

assets, petitions for adjudication of contempt, and any other hearing during which a warrant

of arrest may issue for a party’s failure to appear after receipt of notice shall, in addition to

the time, date, and place of hearing, include the following words in bold type or underlined:

“Your failure to appear at this hearing may result in the issuance of a warrant for your

arrest.”

Rule 5.13 Dismissal for Want of Prosecution

(a) By a Defendant. If a defendant or defendant’s attorney appears on a return

date or at the time of the trial and the plaintiff or the plaintiff’s attorney fails to appear,

the Court may dismiss the action for want of prosecution. If the Court determines it

appropriate to reinstate a complaint previously dismissed or vacate any dismissal or

default judgment, the Court may impose sanctions or condition of the reinstatement or

vacation on appropriate terms.

(b) By the Court. All civil cases in which no appeal is pending and in which

no motion or order has been made for nine months, or in small claims after six months,

may be summarily dismissed by the Court for want of prosecution. The Clerk shall give

notice of the pendency of dismissal not less than 30 days before the date set for dismissal.

After dismissal, the Clerk shall give notice of the dismissal by mail.

PART 6. CIVIL MEDIATION

Rule 6.1 Purpose of Mediation. Mediation under these Rules involves a confidential

process through which a neutral mediator, selected by the parties or appointed by the Court,

assists the litigants in reaching a mutually acceptable agreement. It is an informal and non-

adversarial process. The role of the mediator includes, but is not limited to, assisting the

parties in identifying issues, fostering joint problem solving, exploring settlement

alternatives, and reaching an agreement. Parties and their representatives are expected to

mediate in good faith. These Rules in Part 6 shall not apply to dissolution of marriage and

family law cases, and mediation in those cases shall be as set forth in Rule 8.5.

Rule 6.2 Referral by Judge or Stipulation. Except as otherwise provided in these

Rules, the Court may order mediation in any civil matter in which the plaintiff asserts a

claim having a value, irrespective of defenses or set-offs, in excess of the amount set out

for applicability of S. Ct. R. 222. In addition, the parties to any matter may file a written

stipulation to mediate any issue between them at any time. This stipulation shall be

incorporated into the order of referral.

Rule 6.3 Scheduling Mediation

(a) Conference or Hearing Date. Unless otherwise ordered by the Court, the

first mediation conference shall be held within eight weeks of the order of referral. At least

10 days before the conference or as otherwise required by the mediator, each party shall

present to the mediator a brief written summary of the case containing a list of issues as to

each party. If the party or attorney filing the summary wishes its contents to remain

confidential, he or she should advise the mediator in writing when the summary is filed.

The summary shall include the facts of the occurrence, opinions on liability, all damages

and injury information, and any offers or demands regarding settlement. Names of all

participants in the mediation shall be disclosed to the mediator in the summary.

(b) Notice of Time, Date, and Place. Within 28 days after the entry of the order

of referral, the mediator shall notify the parties in writing of the time, date, and place of the

mediation conference.

after the entry of the order of referral, to dispense with mediation if:

(1) The issue to be considered previously has been mediated between

the same parties;

(2) The issue presents a question of law only;

(3) The matter is not eligible for mediation under Rule 6.2; or

(4) Other good cause is shown.

(d) Motion to Defer Mediation. Within 14 days after entry of the order of

referral, any party may move to defer the mediation. The movant shall notice the motion

for hearing before the mediation’s scheduled date. Notice of the hearing shall be provided

to all interested parties, including any mediator who has been appointed. The motion shall

set forth, in detail, the facts and circumstances supporting the motion. Mediation shall be

tolled until the Court decides the motion.

Rule 6.4 Mediation Rules and Procedures

(a) Appointment of Mediator

(1) Designation by Stipulation. Within 14 days after the entry of the

order of referral, the parties may designate by stipulation a certified mediator or a mediator

who does not meet the certification requirements of these Rules but who, in the opinion of

the parties and on review by and approval of the Court, is otherwise qualified by training

or experience to mediate all or some of the issues in the case.

(2) Appointment by Court. If the parties cannot agree on a mediator

within 14 days after the entry of the order of referral, the plaintiff or plaintiff’s attorney (or

another attorney agreed on by all attorneys) shall notify the Court within the next seven

days, and the Court shall appoint a certified mediator.

(b) Compensation of Mediator

(1) When Parties Select Mediator. When the mediator is selected by

the parties, the mediator’s compensation shall be paid by the parties as agreed between the

parties and the mediator.

(2) When Court Appoints Mediator. When the Court appoints a

mediator, the mediator’s compensation shall be shared proportionately by all parties

participating in the mediation at a rate consistent with the usual and customary fees charged

by approved mediators. Once a mediator has been appointed, the mediator shall be entitled

to a minimum of one hour’s compensation.

(3) Pro Bono Appointment. If any party has been granted leave to sue

or defend as a poor person, the Court shall appoint a mediator who shall serve pro bono

without compensation from any party to the action.

(4) Enforcement. The fee of an appointed mediator shall be subject to

appropriate order or judgment for enforcement.

a mediator for good cause. If the Court disqualifies a mediator, the Court shall enter an

order naming a qualified replacement. Nothing in this provision shall preclude mediators

from disqualifying themselves or refusing an assignment. The time for mediation shall be

tolled during any periods during which a motion to disqualify is pending.

(d) Interim or Emergency Relief. A party may apply to the Court for interim

or emergency relief at any time. Mediation shall continue while an emergency motion is

pending absent a contrary order of the Court or a decision of the mediator to adjourn

pending a disposition of the motion.

(e) Attendance at Mediation Conference

(1) Required Participants. All parties, attorneys, representatives with

settlement authority, and other individuals necessary to facilitate settlement of the dispute

shall be present at each mediation conference unless excused by the Court or mediator. A

party is deemed to appear at a mediation conference if the following persons are physically

present:

(i) The party or its representative having full authority to settle

without further consultation, and in all instances, the plaintiff must appear at the mediation

conference; and

(ii) The party’s counsel of record, if any; and

(iii) A representative of the insurance carrier for any insured

party who is not the carrier’s outside counsel and who has full authority to negotiate and

recommend settlements to the limits of the policy or the most recent demand, whichever is

lower, without further consultation.

(2) Sanctions. On motion, the Court may impose sanctions against any

party or attorney who fails to comply with this Rule, including, but not limited to,

mediation costs and reasonable attorney’s fees relating to the mediation process.

(f) Adjournments. The mediator may adjourn the mediation conference at any

time and may set times for reconvening the adjourned conference. No further notification

is required for parties present at the adjourned conference.

(g) Counsel. The mediator shall be in control of the mediation and the

procedures to be followed in mediation. Attorneys shall be permitted to communicate

privately with their clients during the mediation conference.

(h) Communication with Parties. The mediator may meet and consult

privately with either party and his or her representative during the mediation.

(i) Termination of Mediation

(1) Expected Date of Completion. Mediation shall be completed with

seven weeks of the first mediation conference unless extended by order of the Court or by

stipulation of the parties.

(2) Exceptions. Mediation shall terminate before the end of seven

weeks in the following circumstances:

(i) All issues referred for mediation have been resolved;

(ii) The parties have reached an impasse; or

(iii) The mediator concludes that the willingness or ability of a

party to participate meaningfully is so lacking that an agreement on voluntary terms is

unlikely to be reached by prolonging the negotiations.

(j) Report of Mediator. Within 14 days after the termination of a mediation,

the mediator shall file with the Clerk a report as to whether an agreement was reached, in

whole or in part.

(k) Imposition of Sanctions. In the event of any breach or failure to perform

under a settlement agreement, the Court on motion may impose sanctions, including costs,

attorney’s fees, or other appropriate remedies, including entry of judgment on the

agreement.

(l) Discovery. Whenever possible, the parties before completing mediation are

encouraged to limit discovery to the development of information necessary to facilitate a

meaningful mediation conference. Unless otherwise ordered by the Court, discovery may

continue during mediation.

(m) Confidentiality of Communications. All oral or written communications

in a mediation conference, other than executed settlement agreements, shall be exempt

from discovery and shall be confidential and inadmissible as evidence in the underlying

case unless all parties agree otherwise. Evidence with respect to alleged settlement

agreements shall be admissible in proceedings to enforce the settlement. Subject to the

foregoing, unless authorized by the parties, the mediator may not disclose any information

obtained during the mediation.

(n) Immunity. Mediators shall be entitled to immunity as provided by S. Ct. R.

99.

(o) Mechanism for Reporting. The Court Administrator shall keep and

maintain statistics and records on all cases referred to mediation and shall file reports with

the Administrative Office of the Illinois Courts as directed by the Chief Judge, which shall

include an annual count of the number of cases referred to mediation and the results

achieved.

Rule 6.5 Mediator Qualifications

(a) Certification of Mediators. The Court Administrator shall certify

attorneys as approved to serve as mediators under these Rules who meet the following

criteria:

(1) The attorney has submitted to the Court Administrator a signed,

written request for certification.

(2) The attorney is licensed to practice law in Illinois, is in good

standing, of good moral character, and has practiced law for at least eight years or is a

retired judge, except the Chief Judge may approve the request of an attorney who is

otherwise qualified and has practiced for at least three years if the Chief Judge is satisfied

the attorney has demonstrated the ability to perform the functions of a mediator.

(3) The attorney has received certification from a formal mediation

training program consisting of at least 24 hours’ instruction.

(b) Fee Schedule. Once approved, the attorney must advise the Court

Administrator of his or her current mediation fee schedule.

with the general standards as may, from time to time, be established and promulgated in

writing by the Chief Judge.

(d) Decertification of Mediator. The eligibility of each mediator to retain the

status of a certified mediator shall be periodically reviewed by the Chief Judge. Failure to

adhere to the rules governing mediation may result in the decertification of the mediator,

by the Chief Judge or his or her designee.

PART 7. CONTEMPT OF COURT

Rule 7.1 Contumacious Conduct Defined. Contumacious conduct consists of

verbal or non-verbal acts that (1) embarrass or obstruct the Court in its administration of

justice or derogate from its authority or dignity, (2) bring the administration of justice into

disrepute, or (3) constitute disobedience of a court order or judgment.

Rule 7.2 Direct Criminal Contempt

(a) Direct Criminal Contempt Defined. Contumacious conduct constitutes

direct criminal contempt if it is committed in such a manner that no evidentiary hearing is

necessary to determine the facts establishing the conduct and is committed in an integral

part of the Court while the Court is performing judicial functions.

(b) Court’s Alternatives. On the commission of an act constituting direct

criminal contempt, the Court may (1) summarily find the contemnor in contempt and

immediately impose sanctions, (2) summarily find the contemnor in contempt and impose

sanctions within a reasonable time, or (3) delay the finding of contempt and imposition of

sanctions until a later time. When the finding of contempt is delayed, the contempt

proceeding shall be conducted in the same manner as an indirect criminal contempt

proceeding.

contempt, the Court shall inform the contemnor of the specific conduct forming the basis

of the finding. Before imposing sanctions, the Court shall permit the contemnor an

opportunity to present a statement in mitigation.

(d) Sanctions. On finding direct criminal contempt without a jury, the Court

may impose a fine not to exceed $500 and/or sentence the contemnor to a term not to

exceed six months in a penal institution other than a penitentiary. If the contemnor

exercises his or her right to a jury trial and the jury finds the contemnor guilty of contempt,

the Court is not limited in the fine or sentence of incarceration it may impose. The Court,

in the exercise of its discretion, may impose other sanctions as it deems appropriate.

(e) Written Order Required. When imposing sanctions, the Court shall enter

a written judgment order setting forth the factual basis of the finding and specifying the

sanctions.

(f) When Referral to Another Judge Required. When a controversy between

the judge and the contemnor is integrated with the alleged contumacious conduct and

embroils the judge to a degree that the judge’s objectivity reasonably can be questioned,

the judge must refer the issues of contempt and any appropriate sanction to another judge.

In this event, the judge before whom the alleged contempt transpired shall specify in

writing the nature of the alleged acts of contempt, direct that a record of the proceedings

surrounding the acts be prepared, and transfer the matter to the appropriate assignment

judge for reassignment. The judge hearing the proceeding after the reassignment shall base

his or her findings and adjudication of the contempt charge solely on the transferred written

charge and the record.

(g) Appeal. An appeal from a judgment of direct criminal contempt may be

taken as in criminal cases. On the filing of a notice of appeal, the Court may fix bond and

stay the execution of any sanction imposed pending the disposition of the appeal.

Rule 7.3 Indirect Criminal Contempt

(a) Indirect Criminal Contempt Defined. A contumacious act constitutes

indirect criminal contempt when it occurs outside the presence of the Court or in an area

that is not an integral or constituent part of the Court or if the elements of the offense are

otherwise not within the personal knowledge of the Court. A contumacious act committed

in the presence of the Court, but not summarily treated as a direct criminal contempt, may

be prosecuted as indirect criminal contempt.

(b) Petition for Adjudication. An indirect criminal contempt proceeding shall

be initiated by the filing of a petition for adjudication of indirect criminal contempt. The

petition shall be verified and set forth with particularity the nature of the alleged

contemptuous conduct. The charge may be prosecuted by the state’s attorney or, if he or

she declines, by an attorney appointed by the Court.

support the charge, it shall set the matter for hearing and order notice be given to the

respondent. Notice of the hearing and a copy of the petition shall be served and returned in

the manner as provided in S. Ct. R. 105(b) or, if the Court allows, the Clerk or petitioner’s

attorney may give notice by regular mail to the respondent’s last known address. If notice

is made by regular mail, proof of mailing shall be made part of the record. Notice by

personal service shall be served not less than seven days before the hearing, and notice by

regular mail shall be mailed not less than 10 days before the hearing. The notice shall

include, in addition to the time, date, and place of hearing, the following words in bold type

or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant

for your arrest.” If the respondent fails to appear after notice or if the Court has reason to

believe the respondent will not appear in response to the notice, the Court may issue a

bench warrant directed to the respondent. When a warrant issues, the Court shall set bail

as authorized in criminal cases. The amount of bail shall be indicated on the order of

attachment.

(d) Explanation of Rights. On the first appearance of the respondent, the Court

shall inform the respondent of his or her rights to (1) notice of the charge and of the time

and place of the hearing, (2) an evidentiary hearing, including the right to subpoena

witnesses, confront the witnesses against him or her, and respond to the charge, (3) be

represented by an attorney and, if indigent, have an attorney appointed for him or her, (4)

freedom from self-incrimination, (5) the presumption of innocence, (6) the right to be

proven guilty only by proof of guilt beyond a reasonable doubt, and (7) trial by jury if the

Court, before the hearing begins, declares that a sentence of incarceration of more than six

months and/or a fine of more than $500 may be imposed as a sanction on a finding of

guilty.

(e) When Referral to Another Judge Required. When a controversy between