Motions

 

 Circuit Court of Illinois
 Cook County

 

Applicable Statute, Rule, or Case Law

This SmartRules procedural guide sets forth rules and requirements of general applicability for motion practice in the referenced court. more...   Some types of motions have additional specific deadlines or other timing issues governed by the statute, rule, or more...   

Motion Attacking Pleading Other Than Complaint

A motion attacking a pleading other than the complaint must be filed within 21 days after the last more...

Extensions and Deadlines -- Illinois Supreme Court Rules

Extensions of Time

When good cause is shown, the court may grant any party additional time for filing or other required more...

Filing Deadline Not Deadline For Hearing

No provision in these rules or in the Civil Practice Law prescribing a period for filing a motion more...

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judges have their own calendars, and certain judges have issued standing orders and forms for more...

File Motion and Motion Slip Within Applicable Deadline

Any motion must be filed in compliance with any statutory or other deadline. more...

Motions that require a hearing are heard on the Court's "regular motion call." To get on the "motion call", the moving party must complete a "motion slip" and present the slip more...

"Initial Hearing Date"

The hearing date assigned by the clerk when the motion is spindled is customarily referred to as the more...

Service of Motion

In practice, the motion, along with the notice of filing and notice of hearing, are usually mailed to more...

The Cook County Circuit Court Rules provide that the certificate of service and a copy of the motion more...

Memorandum In Support of Motion

In practice, for major motions, such as a motion for summary judgment, a fully briefed memorandum is usually more...

The Cook County Circuit Court Rules provide that, for non-discovery motions, the moving party may serve on all more...

Opposition and Reply Papers

In practice, no opposition or reply briefs are usually filed unless the judge sets a briefing schedule at more...

The Cook County Circuit Court Rules provide that, an opposing party "may serve an answering memorandum within twenty-eight more...

Failure To File Supporting or Answering Memoranda

Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the more...

Notice of Hearing

The moving party must serve a written notice of hearing of the motion. ; Motion Jud. R.2.1. In practice, the notice of hearing (along with the motion and notice of filing) is usually served by more...

The Cook County Circuit Court Rules provide that if notice is personally served, the notice shall be delivered more...

Name and Room Number of Judge

All notices of hearing must include the name and room number of the judge before whom the motion more...

Notice by Facsimile Permitted

Service by facsimile is permitted. .Service by facsimile is complete on the first day following transmission. . more...

Hearing Must Occur Within Ninety (90) Days of Filing the Motion

A hearing on any filed motion must be heard within ninety (90) days of the filing or the more...

Moving Party Must File All Relevant Papers With Judge at Least Three (3) Days Before Hearing

The moving party must file copies of all memoranda and relevant pleadings with the judge assigned to hear more...

Judge May Rule on Motion or Enter Briefing Schedule at Hearing

It is settled practice in Cook County for the judge to rule on a motion (other than dispositive more...

Routine Motions

Routine motions include motions to vacate technical defaults and for leave to file an appearance, motion, answer, jury more...

Notice

The moving party must give notice in the same manner as notice is give for regular motions (described more...

No Hearing

Usually, routine motions are considered without hearing. Motions Judges' Rule 3.2. When presenting the motion, the moving party must include the notice, motion, and draft order with copies. more...

Objections

A party may object to a routine motion in writing, or orally, in person or by telephone. more...

Special Routine Motions

Special routine motions include: more...

1) Motions for an order of default (with or without a dollar judgment), Cook County SmartRules procedural guide: more...

2) Motions to withdraw without substitution of new counsel; and more...

3) Motions for judgment by confession. more...

Detailed requirements for these motion types are found in Motion Judges' Rule 4.0. more...

Each judge handles emergency motions differently, a directory with links to each judge's calendar and standing orders (if more...

Notice

In practice, notice of emergency motions is provided by facsimile and/or telephone call to the opposing party not more...

The Cook County Circuit Court rules provide that written notice of such hearing must be filed with the more...

Hearing

The moving party must usually appear in court at the time designated by the assigned judge to present more...

Motions in the chancery division are heard by the assigned judge. Judges have individual requirements and procedures. more...

Generally, motions in the chancery division must be filed at the appropriate office and then entered into the more...

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judge's have their own calendars, and certain judges have issued standing orders and forms for proceedings more...

Applicable Statute, Rule or Case Law

This procedural guide covers generally applicable rules of motion practice in Cook County Circuit Court.Be sure to consult the relevant statutes, rules, and case law governing specific motions. more...

Notice of Hearing

Required

Except in actions appearing on the daily trial call or during the trial, written notice of the hearing more...

Content of Notice

A notice of hearing must show the title and number of the action, the name of the judge more...

Notice of Motion, Motion and Blank Order forms are available on the Clerk of the Cook County Circuit more...

Caption

All papers must be "entitled in the court and cause" and the "plaintiff's name shall be placed first." more...

Local Rule -- Cook County Caption

All papers filed with the Circuit Court of Cook County must contain in the caption the words "IN more...

Cook County G.O. 6.1 (). 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 more...

Indicate If Service Permitted by Fax

If service by facsimile is permitted for the case, and the party filing the papers will accept facsimile more...

Memorandum Not Strictly Required

The moving party has the option to include with the motion a "short concise memorandum in support of more...

Local Rule -- Page Limit for "Contested" Motions

Contested motions are any motions not set for hearing on the judges' regular motion call. Each judge handles contested motions differently, a directory with links to each judge's calendar and standing orders (if more...

Citations to Authority and Exhibits

Cite cases by title, to the page of the volume where the case begins, and to the pages more...

Signature

Every pleading, motion, or other paper must be signed by at least one attorney of record, and the 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 more...

3. That the paper is not interposed for any improper purpose, such as harassment, delay, or needless increase in more...

The Court may impose sanctions against anyone who signs a document in violation of any of these requirements. more...

Additional Formatting Requirements

Cook County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

Proposed Order

For contested motions, it is customary to prepare a draft order granting the relief sought, but to bring more...

For uncontested or routine motions, it is customary to file and serve a copy of a proposed order more...

Cook County SmartRules procedural guide: PROPOSED ORDER. more...

Local Rule -- Appearance

An attorney must file his appearance before he addresses the court unless he is presenting a motion for more...

Local Rule -- Statement of Insurance

If an attorney files his or her appearance for any party on behalf of an insurance company or more...

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judge's have their own calendars, and certain judges have issued standing orders and forms for proceedings more...

Filing

Moving Party -- File Moving Papers For Assignment of Hearing Date

The moving party must file motion papers at the "spindle counter" to receive assignment of a hearing date. more...

Moving Party -- File All Relevant Papers With Judge Three (3) Days Before Hearing

For all motions other than discovery motions, the moving party must file copies of all memoranda and relevant more...

Proof of Service

Proof of service must be filed with the Court. . more...

May Not File Non-Compliant Papers

Motions, pleadings, or other papers filed with the Clerk of the court and not in compliance with Supreme 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...

Service

Motion Papers

Customarily, motion papers, the notice of filing and the notice of hearing are all served by mail on more...

The Cook County Circuit Court Rules provide that a copy of the motion and a certificate of service more...

Opposition and Reply Papers

Customarily, written opposition and reply papers are not served unless and until the judge sets a briefing schedule more...

The Cook County Circuit Court Rules provide that an opposing party "may serve an answering memorandum within twenty-eight more...

Written Appearance

If a written appearance, general or special, is filed, copies of the appearance shall be served in the more...

Local Rule -- Continuing Hearing for Contested Motions

Except in an emergency, no contested motion will be rescheduled unless the request is made in advance. more...

Ruling and Order

Whenever the court rules on a motion other than in the course of trial, the attorney for the more...

Local Rule Regarding Order

An attorney who has an order entered shall send copies to all other attorneys of record within 72 more...

Telephone Conference

Unless disallowed by local rule, the judge may, on the request of any party, direct that motions be more...

Calling the Motion for Hearing

Any involved party may call the motion up for hearing and disposition before or after the filing period. more...

Local Rule -- Moving Party Must Call Hearing Within Ninety (90) Days

The burden of calling for hearing a previously filed motion is on the party making the motion. more...

Emergency Hearing Without Notice

Emergency motions and law-approved motions may, in the discretion of the court, be heard without prior notice and without calling the motion more...

Notice After Emergency Hearing

If a motion is heard without prior notice, the attorney obtaining the order must serve written notice on more...

Practice Technologies, Inc. 2004-2010 exclusive of the text of Government codes