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. Some types of motions have additional specific deadlines or other timing issues governed by the statute, rule, or case law governing the motion.

Motion Attacking Pleading Other Than Complaint

A motion attacking a pleading other than the complaint must be filed within 21 days after the last day allowed for the filing of the pleading attacked. IL Supreme Court R. 182(c).

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 act. IL Supreme Court R. 183.

Filing Deadline Not Deadline For Hearing

No provision in these rules or in the Civil Practice Law prescribing a period for filing a motion requires that the motion be heard within that period. Either party may call up the motion for disposition before or after the expiration of the filing period.IL Supreme Court R. 184.

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judges have their own calendars, and certain judges have issued standing orde 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 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 t 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 more...

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

Opposition and Reply Papers

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

The Cook County Circuit Court Rules provide that, an opposing party "may serve an answering memorand 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 motio more...

Notice of Hearing

The moving party must serve a written notice of hearing of the motion. ; Motion Jud. R.2.1. In pract more...

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

Notice by Facsimile Permitted

Service by facsimile is permitted. .Service by facsimile is complete on the first day following tran 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 motion may 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 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 moti more...

Routine Motions

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

Notice

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

No Hearing

Usually, routine motions are considered without hearing. Motions Judges' Rule 3.2. When presenting t more...

Objections

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

Notice

In practice, notice of emergency motions is provided by facsimile and/or telephone call to the oppos more...

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

Hearing

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

Motions in the chancery division are heard by the assigned judge. Judges have individual requirement more...

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

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judge's have their own calendars, and certain judges have issued standing ord more...

Applicable Statute, Rule or Case Law

This procedural guide covers generally applicable rules of motion practice in Cook County Circuit Co more...

Notice of Hearing

Required

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

Content of Notice

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

Notice of Motion, Motion and Blank Order forms are available on the Clerk of t 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 THE 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 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...

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 more...

Citations to Authority and Exhibits

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

Proposed Order

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

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

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judge's have their own calendars, and certain judges have issued standing ord 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 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 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 Sup 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 m more...

Opposition and Reply Papers

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

The Cook County Circuit Court Rules provide that an opposing party "may serve an answering memorandu more...

Written Appearance

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

Local Rule -- Continuing Hearing for Contested Motions

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

Ruling and Order

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

Local Rule Regarding Order

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

Emergency Hearing Without Notice

Emergency motions and law-approved motions may, in the discretion of the court, be heard without pr more...

Notice After Emergency Hearing

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

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