Circuit Court of Illinois
Cook County
For Most Actions -- Thirty (30) Days
Unless a specific appearance date is required by statute, local rule or Supreme Court rule, a summons should require each defendant to file his answer/counterclaim or otherwise appear or plead in the action within thirty (30) days, exclusive of the day of service. IL Supreme Court R. 101(d).
Computation of Time and Answer After Motion
When the summons requires appearance within 30 days after service, exclusive of the day of service (see Rule 101(d)), the 30-day period shall be computed from the day the copy of the summons is left with the person designated by law and not from the day a copy is mailed, in case mailing is also required. The defendant may make his or her appearance by filing a motion within the 30-day period, in which instance an answer or another appropriate motion shall be filed within the time the court directs in the order disposing of the motion. If the defendant's appearance is made in some other manner, nevertheless his or her answer or appropriate motion shall be filed on or before the last day on which he or she was required to appear. IL Supreme Court R. 181(a).
If Summons Requires Appearance --Ten (10) Days After Appearance
In actions for money damages of less than $50,000 exclusive of interest and costs, or in actions subject to mandatory arbitration where a specific appearance date is prescribed by local rules, the summons must be issued not less than twenty-one (21) nor more than forty (40) days in advance of the specified appearance date and must list the appearance date within the body of the summons. IL Supreme Court R. 101(b). If the defendant appears other than by filing an answer or motion, the defendant is allowed an additional ten (10) days after the appearance date to file any answer or motion, unless the court by rule or order, directs otherwise. IL Supreme Court R. 181(b)(1).
Answer Time May Be Extended for Cause
The Illinois courts are liberal in exercising the discretion granted them to extend the time to answer or otherwise plead for good cause shown. Such extensions may be granted to allow for the filing of motions for involuntary dismissal, motions to transfer, requests for more particular statement, or otherwise. IL Supreme Court R. 183.
If No Summons Served
A party who appears in an action without having been served with a summons is required to plead within the same time as if the summons had been served on the appearance date.IL Supreme Court R. 13(b).
Answer to Counterclaim -- Twenty-One (21) Days
Answers by parties already before the court to counterclaims must be filed within twenty-one (21) days after the last day for filing of the counterclaim. IL Supreme Court R. 182(b). Note that the Illinois Compiled Statutes provide that "[a]n answer to a counterclaim and pleadings subsequent thereto shall be filed as in the case of a complaint and with like designation and effect."735 ILCS 5/2-608(d).
Answer to Third Party Complaint
Subsequent pleadings shall be filed as in the case of a complaint and with like designation and effect. The third-party defendant may assert any defenses which he or she has to the third-party complaint or which the third-party plaintiff has to the plaintiff's claim and shall have the same right to file a counterclaim or third-party complaint as any other defendant. 735 ILCS 5/2 406(b).
Reply to Answer -- Twenty-One (21) Days
Replies to answers shall be filed within 21 days after the last day allowed for the filing of the answer. Any subsequent pleadings allowed or ordered shall be filed at such time as the court may order. IL Supreme Court R. 182(a).
Local Rule -- Appearance Without Summons
A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he appears. Cook County Circuit Court R. 1.2(b).
Cook County Chancery -- Summons to Enforce Municipal Ordinance
Summons in all proceedings in Chancery to enforce ordinances of a municipal corporation shall require each defendant to appear on a day specified in the summons, not less than 21 nor more than 40 days after issuance of the summons. Cook County Circuit Court R. 1.7.
Order and Type of Pleadings
The first pleading by the plaintiff shall be designated a complaint. The first pleading by the defen more...
Identify All Parties
The body of a pleading must set forth the names of all parties for and against whom relief is sought more...
Misnomer
Misnaming a party is not grounds for dismissal, but on motion and on any terms and proof the Court r more...
Fictitious Names
Upon application and for good cause, the pleading may list parties under fictitious names. . more...
Unknown Interested Parties
Interested parties whose names are unknown may be made parties to the action by the name and descrip more...
Joinder
Plaintiffs
All persons may join in one action as plaintiffs, in whom any right to relief in respect of or arisi more...
Defendants
Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged more...
Misjoinder
No action shall be dismissed for misjoinder of parties, or dismissed for nonjoinder of necessary par more...
Interpleader
Persons having claims against the plaintiff arising out of the same or related subject matter may be more...
Causes of Action
Fact Pleading
All pleadings must contain a "plain and concise statement of the pleader's cause of action, counterc more...
Numbering and Identification
A party may plead as many causes of action, counterclaims, defenses, and matters in reply as he or s more...
Pleading in the Alternative
When a party is in doubt as to which of two or more statements of fact is true, he or she may state more...
Incorporation By Reference
Facts that are adequately stated in one part of a pleading may be incorporated by reference (rather more...
Pleadings in Equity
Single Equitable Cause of Action
Matters within the jurisdiction of a court of equity, whether directly or as an incident to other ma more...
Joinder of Legal and Equitable Matters
When actions at law and in chancery that may be prosecuted separately are joined, the party joining more...
Inform Opposing Party of Claim or Defense
No pleading is insufficient if it contains such information as would reasonably inform the opposite more...
Attaching Written Instruments as Exhibits
In pleading any written instrument, the pleader may attach a copy of the instrument as an exhibit.If more...
Verification
Unless specifically required by statute or local rule, pleadings need not be verified. . However, an more...
Jury Demand
If the complaining party does not demand trial by jury, a defendant desiring trial by jury must file more...
Pleading the Answer
Form of Denials
Denials must be explicit.. Denials cannot be evasive and must fairly meet the substance of the alleg more...
Denials for Want of Knowledge
A party who lacks knowledge or information sufficient to form a belief about the truth or falsity of more...
Contesting Damages Only
A party may state in his or her pleading that he or she desires to contest only the amount of damage more...
Affirmative Defenses
Affirmative defenses seeking to avoid the legal effect of or otherwise defeat the cause of action se more...
. more...
Any other ground or defense, whether affirmative or not, which, if not expressly stated in the plead more...
Subject Matter Jurisdiction and Abatement
Defenses to jurisdiction of the subject matter or in abatement or in bar may be pleaded together, wi more...
Supplemental Pleadings
Supplemental pleadings setting forth matters that arise after the original pleadings are filed may b more...
Bill of Particulars
Within the time a party is to respond to a pleading, that party may, if allegations are so wanting i more...
Answer to Counterclaim or Third-Party Complaint
An answer to a counterclaim "and pleadings subsequent thereto" is filed "as in the case of a complai more...
Class Action Allegations
Rules regarding class actions are found at . more...
Breach of Statutory Duty
A pleading that alleges a breach of statutory duty must cite the relevant statute in connection with more...
Judgment, Order, or Decision
When a pleading alleges the existence of a judgment, order, or decision of a state or federal court, more...
Pleading a Condition Precedent
When a pleading alleges the performance of a condition precedent, it is sufficient to allege general more...
Denying Allegation Re: Condition Precedent
In order to deny a pleader's allegation that he or she performed all conditions, the responding part more...
Pleading Equitable Matters
Matters within the jurisdiction of a court of equity, or that a court of equity may hear in the inte more...
Joinder of Legal and Equitable Matters
When actions at law and in chancery that may be prosecuted separately are joined, the party joining more...
Affidavit in Lieu of Answer to Medical Malpractice Complaint
In certain medical malpractice actions, the defendant may, in lieu of answering, file an affidavit t more...
Caption
Title
Every pleading must be "entitled in the court and cause," and the "plaintiff's name shall be placed more...
Names of Parties
In a case with more than one plaintiff or more than one defendant, every paper (except the summons) more...
Designation of Circuit Court Division
The caption of every pleading initiating a civil action or proceeding must include the words "at law more...
Local Rule -- Cook County Caption
All papers filed with the Circuit Court of Cook County must contain in the caption the words "IN THE more...
Cook County G.O. 6.1 (). more...
Local Rule -- Cook County Chancery Division Caption
Every complaint or other paper commencing an action in the Chancery Division must designate in the c more...
1. If the case is to be maintained as a class action, the words "Class Action" should appear regardl more...
2. If the complaint seeks injunctive relief, the words "Injunction/Temporary Restraining Order" shou more...
3. If the complaint seeks the foreclosure of a mortgage, the words "Mortgage Foreclosure" should app more...
4. If the complaint seeks a change of name, it must bear the words "Change of Name" except as provid more...
5. If the Complaint seeks a review of the decision of an administrative body or agency, the words "A more...
6. If the complaint seeks a declaratory judgment, the words "Declaratory Judgment" must appear excep more...
7. If the complaint seeks to foreclose a mechanic's lien, it should bear the words "Mechanic's Lien" more...
8. All other actions not specified in subsections (1)-(7) above shall have the word "General" below more...
Cook County G.O. 3.5 (). more...
Forms for various types of complaints are available on the Clerk of the Cook C more...
Name and Address of Responsible Party
All papers filed in the cause or served on an opposing party must bear the name and business address more...
Indicate If Service Permitted by Fax
If service by facsimile is permitted for the case, and the party filing the papers will accept facsi more...
Signature
Every pleading, motion, or other paper must be signed by at least one attorney of record, and the si more...
By signing a paper, the signer certifies: more...
1. That he or she has read the paper; more...
2. That, to the best of his or her knowledge and belief, the paper is well grounded in fact and warr more...
3. That the paper is not interposed for any improper purpose, such as harassment, delay, or needless more...
The Court may impose sanctions against anyone who signs a document in violation of any of these requ more...
Additional Formatting Requirements
Cook County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...
Notice of Claim of Unconstitutionality
In any cause or proceeding in which the constitutionality or preemption by federal law of a statute, more...
Contents and Time for Filing Notice
The notice shall identify the particular statute, ordinance, regulation, or other law, and shall bri more...
Jury Demand
If the complaining party does not demand trial by jury, a defendant desiring trial by jury must file more...
Local Rule -- Appearance
An attorney must file his appearance before he addresses the court unless he is presenting a motion more...
Local Rule -- Statement of Insurance
If an attorney files his or her appearance for any party on behalf of an insurance company or compan more...
Filing
Certificate of Service
All pleadings other than the complaint, all written motions, and all other papers required to be fil more...
Method
Cook County SmartRules procedural guide: FILING DOCUMENTS. more...
Cook County Filing Fees
The schedule of Cook County filing fees is available online at: . more...
Appearance Fees
If a single appearance is entered for several parties, a single appearance fee shall be paid. If sep more...
No Fee for Supplementary Proceedings
No appearance fee will be required of a person cited in supplementary proceedings under the provisio more...
Service
Cook County SmartRules procedural guide: SERVICE OF PAPERS. more...
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