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RELATED DOCUMENTS:
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit


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 Motion for Summary Judgment

 

 Circuit Court of Illinois
 Cook County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Must Be Presented At Least Forty-Five (45) Days Before Trial Date

A party filing a motion for summary judgment must file and notice the motion for hearing so that more...   

.

Deadline for Plaintiff

A plaintiff may move for full or partial summary judgment at any time after the opposing party has more...

Deadline for Defendant

A defendant may move for full or partial summary judgment at any time. . more...

Court May Set Deadline for Dispositive Motions

Motions for summary judgment under section 2-1005 of the Code of Civil Procedure and motions for involuntary dismissal 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...

 Cook County Motion Practice

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

To get on the "regular motion call", the moving party must complete a "motion slip" and present 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, there is often very little written briefing of motions, unless and until, at the initial hearing, 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. .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...

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...

 Summary Judgment Rules

Legal Standard for Summary Judgment

A party is entitled to summary judgment if the pleadings, depositions and admissions on file, together with the more...

Summary Determination of Major Issues

A party may move for summary determination of one or more, but less than all, of the major more...

Summary Judgment as to Liability Alone

A summary judgment "interlocutory in character" can be entered on the issue of liability alone although there is more...

Combined Motions

Motions with respect to the pleadings, motions for involuntary dismissal, and motions for summary judgment may be combined more...

Seeking Wrong Remedy Not Fatal

If the court determines, on motions directed to the pleadings, or on motion for summary judgment or upon more...

 Motion Papers

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 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 filed in the cause or served on an opposing party must bear the name and business address and more...

Indicate If Service Permitted by Fax

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

Citation of Illinois cases filed prior to July 1, 2011, and published in the Illinois Official Reports

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...

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...

 Additional Documents

Affidavits in Support of Summary Judgment

Affidavits in support of summary judgment are not required under the Illinois Consolidated Statute provisions governing summary judgment motions. more...

However, when affidavits are employed at the option of a party or in compliance with a local rule more...

Affidavits filed in support of a motion for summary judgment must be made on the personal knowledge of more...

Multiple Affidavits

If the facts needed to support a motion for summary judgment are not all in the possession of more...

Attach Supporting Documents

Sworn or certified copies of all on which the affiant relies must be attached to the affidavit. more...

Affidavits Made in Bad Faith

Ifit appears, to the satisfaction of the court, that any affidavit has been presented in bad faith or more...

When Material Facts Are Not Obtainable by Affidavit

When circumstances require, the affiant in support of or in response to a motion for summary judgment may more...

Include Names of Persons and Facts

The statement must include the name(s) of the person(s) whose affidavits cannot be obtained and the fact(s) they more...

Relief Available

After reviewing the statement, the court may enter an order granting such relief as may be just. more...

.

 Filing & Service

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

Electronic Filing and Service Pilot Program

There is an e-filing and service pilot program for the Commercial Litigation Section of the Law Division. more...

Traditional Filing and Service Rules

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

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

Moving Party Must File All Relevant Documents With Judge 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...

Method

Cook County SmartRules procedural guide: FILING DOCUMENTS. more...

Service of Motion Documents

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 28 more...

Written Appearance

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

Cook County Filing Fees

The schedule of Cook County filing fees is available online at: . more...

 Hearing & Disposition

Effect of Voluntary Dismissal Before Hearing or Trial

The plaintiff (or counterclaimant or third-party plaintiff) may at any time before trial or hearing begins, upon notice more...

Court May Still Hear Dispositive Motions

The court may hear and decide a motion that has been filed prior to a motion for voluntary more...

Voluntary Dismissal After Hearing or Trial Begins

After trial or hearing begins, the plaintiff may dismiss, only on terms fixed by the court (1) upon 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...

 Ruling and Order

Entry of Judgment

If it appears from the motion, opposition, affidavits and counter-affidavits, together with the pleadings, depositions and admissions on file, more...

Entry of Judgment as to Liability

An interlocutory summary judgment may be issued as to liability if there is a genuine dispute regarding the more...

Summary Judgment as to Less Than All Issues

When the entry of summary judgment disposes of one or more, but not all of the major issues more...

Time for Entering Judgment

When the entry of summary judgment will not dispose of all of the issues in a case, the more...

.

Amendment of Pleadings

Before or after the entry of a motion for summary judgment the court shall permit the amendment of more...

Counterclaims

If the party opposing the motion possesses a claim or counterclaim for less than the amount at issue more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit