PART 2.00 MOTIONS/NOTICE
(Effective December 1, 2006)
2.01 (Amended) MOTIONS GENERALLY/NOTICE
Amendment to Rule 2.01, paragraphs C., I., and J. MOTIONS GENERALLY/NOTICES Of Part 2.00, MOTIONS/NOTICE, of the Uniform Rules of Practice, Circuit Court of Illinois, Nineteenth Judicial Circuit.
A. For the purpose of these rules, “motion” includes any pleading or paper in the nature of a petition or motion, other than a petition or complaint which initiates a cause of action.
B. Each motion shall be in writing. Each notice of motion shall have appended thereto a copy of the relevant motion, unless otherwise ordered by Court.
C. Each motion, petition and appearance form shall contain in typewritten form or clean printing the name, address and State of Illinois attorney registration number of the attorney representing the party on whose behalf the document is filed. If email service is consented to by the attorney or party, the designated email address for service shall also be included, pursuant to Supreme Court Rule 11(b)(6).
D. Each motion shall be captioned with the case name and number and shall include the Supreme Court Rule, Code of Civil Procedure section or other statutory section upon which it is based.
E. All dispositive motions shall be filed and noticed for a date before the Court not less than twenty-eight (28) days before the scheduled trial date, unless otherwise ordered by the Court.
F. Unless otherwise ordered by the Court, no contested motion shall be heard if it has not been scheduled for hearing on the Court’s calendar. The Court shall consider counsels certification, or that of office staff, that the matter was scheduled for hearing by contacting the office of the Circuit Court Clerk.
G. Notice of Hearing of Motions. Written notice of the hearing of all motions shall be given by the party requesting the hearing to all parties who have appeared and who have not been found by the Court in default for failure to appear or plead, and to all parties whose time to appear has not expired as of the date of the notice.
H. Content of Notice. The notice of hearing shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the title of the motion, the date when the motion will be presented, the time it will be presented, and the courtroom where it will be presented. Copies of all papers presented to the Court with the motion shall be served with the notice or the notice shall state that copies have been previously served.
I. Manner of Service. Notice of Service shall be given in the manner and to the persons described in Supreme Court Rule 11. Service as prescribed in Supreme Court Rule 11(b)(5) may be effected by service of the Notice of Motion and other pertinent documents through electronic facsimile mailing (FAX), if allowed pursuant to Supreme Court Rule 11(b)(5). Service by FAX shall be effective only if, at the time of court presentation of the Notice of Motion, the transaction statement produced by the FAX machine is attached to said Notice, and the transaction statement reflects the date and time of service, the telephone number to which the documents were transmitted, and an acknowledgment from the receiving FAX machine that the transmission has been received. In the event that the receiving FAX machine does not produce an acknowledgment to the sending machine, the Notice shall include an affidavit setting forth the date and time of service, telephone number to which documents were transmitted and a statement that the sending office has orally confirmed with the receiving office that the documents have been received. Service by email shall only be allowed if the attorney or party has consented to such service pursuant to Supreme Court Rule 11(b)(6).
J. Time of Notice. If Notice of Hearing is given by personal service, the Notice shall be delivered by 4:00 p.m. of the second court date preceding the hearing of the Motion. Delivery by FAX, authenticated as described in Paragraph I above, shall be deemed personal service, but it is not effective until the first court day following transmission. If the Notice is given by mail, then Notice shall be deposited in the United States Post Office or Post Office Box on the 5th day preceding the hearing of the Motion. See Supreme Court Rule 12.
K. Notice of Hearing. If a motion is heard without prior notice under this rule, a copy of the orders entered at the hearing shall be served personally or by U.S. Mail upon all parties not theretofore found by the Court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.
L. Orders Upon Denial. If a motion presented without prior notice is denied, or hearing thereon is denied, an order of the Court’s ruling shall be entered.
M. Failure to Call Motions for Hearing. The burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within sixty (60) days from the date it is filed, the Court may consider the motion denied by reason of delay.
N. Motion to Continue. No motion to continue shall be allowed for other than good cause shown. 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 counsel.
O. Motion for Default Order. The movant, or his attorney, seeking an Order of Default shall notify the Court Clerk at least one (1) court day prior to the date of the hearing and shall request that the court file be present upon hearing of the motion.
P. Renewal of Motions. Motions presented and ruled upon before one judge shall not be renewed before another judge without leave of court and a statement in the notice of hearing that the motion has previously been ruled upon, naming the judge who ruled on the motion.
Q. Motions not presented or supported by the moving party when called, pursuant to notice, may be denied or stricken.
R. Briefs and Memoranda. No motion, response or brief or memorandum in support thereof shall exceed fifteen (15) typewritten double-spaced pages without prior approval of this Court. Neither narrow margins now any other formal shall be employed to evade the page limitation. Footnotes, if any, shall be used sparingly. Failure to comply with this Rule shall be sufficient grounds for the Court’s refusal to consider the document.
||Amended by the Circuit Judges|
of the Nineteenth Judicial Circuit
this 11th day of February, 2013
and effective immediately.
2.02 CONTESTED MOTIONS
A. For purposes of Rule 2.02, any motion which is opposed is a contested motion and may be heard at the end of the call or at such other time designated by the Court.
B. Every motion to dismiss, to strike, or for summary judgment shall be identified with the section number of the Code of Civil Procedure pursuant to which the motion is brought.
C. For every contested motion brought pursuant to Supreme Court Rule 219, Supreme Court Rule 137 or Sections 2-615, 2-619, 2-619.1 or 2-1005 of the Code of Civil Procedure, movant’s counsel shall deliver to the chambers of the assigned judge, not less than five (5) court days prior to hearing, a copy of:
1. the motion,
2. any challenged pleading, and
3. any writing in support of or in opposition to the motion.
Also within five (5) court days prior to hearing, a party shall provide the Court and all opposing counsel with a complete citation to any case or other authority upon which the party intends to rely in oral argument and which is not included in a supporting or opposing writing; and the party shall provide the Court with a full copy of any decision of a State Court outside the State of Illinois. Any cover letter delivered to the Court in complying with the above requirements shall be copied to all counsel of record.
D. Any writing in support of or in opposition to a motion shall be served upon the opposing party at the time of service of notice of motion or, if not then available, as soon thereafter as practicable and prior to hearing on said motion.
E. In the absence of leave of Court, no reply memorandum or brief or memorandum in support thereof shall exceed five (5) typewritten pages in the aggregate. Any such brief or memorandum shall be limited to responding to new matters raised in the opponent’s response brief or memorandum.
2.03 MOTIONS FOR CONSOLIDATION OF CASES
Motions for consolidation of cases shall be presented to the judge to whom the oldest case is assigned, when the cases are of the same case type. When the cases are filed in the same division but are different case types, the motion shall be brought before the judge assigned to the case with the higher designation. The Law Division (“L”) is the highest designation for the purpose of this rule, followed by: MR, CH, TX, LM, AR and SC.
If the cases sought to be consolidated are from different divisions, the motion shall be brought before the presiding judge of either division.
2.04 MOTIONS FOR SUMMARY JUDGMENT
A. Moving Party. With each motion for summary judgment filed pursuant to 735 ILCS 5/2-1005 and concerning a count in which the prayer for relief exceeds $50,000, or in a Chancery or Miscellaneous Remedy action, the moving party shall serve and file or cause to be received by the Circuit Court Clerk:
1. any affidavits and other materials, referred to in Supreme Court Rule 191,
2. a supporting memorandum of law, not exceeding fifteen (15) pages,
3. a statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law, and that also includes:
a. a description of the parties, and
b. all facts supporting venue and jurisdiction in this Court.
The statement referred to in A.3 shall consist of short numbered paragraphs, including within each paragraph specific references to affidavits, parts of the record, and other supporting materials relied upon to support the facts set forth in that paragraph. Failure to submit such a statement constitutes grounds for denial or striking of the motion.
If additional material facts are submitted by the opposing party pursuant to section B of this rule, the moving party may submit a concise reply in the form prescribed in section B for a response. All material facts set forth in the statement filed pursuant to section B will be deemed admitted unless controverted by the statement of the moving party.
B. Opposing Party. Each party opposing a motion filed pursuant to 735 ILCS 5/2-1005 as described above shall serve and file or cause to be received by the Circuit Court Clerk:
1. any affidavits and other materials referred to in
Supreme Court Rule 191,
2. a supporting memorandum of law,
3. a concise response to the movant’s statement that shall
a. a response to each numbered paragraph in the moving party’s statement, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon, and
b. a statement consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment, including references to the affidavits, parts of the record, and other supporting materials relied upon. All material facts set forth in the statement required of the moving party will be deemed to be admitted unless controverted by the statement of the opposing party.
2.05 EMERGENCY MOTIONS
A. Application for emergency relief. If emergency relief is requested, application shall be made to the assigned judge, or if unavailable, to the judge specifically assigned to sit in his stead. If neither judge is available, application shall be made to the presiding judge of the division to which the case is assigned.
B. Each application for emergency relief shall be accompanied by an affidavit of the movant or movant’s attorney stating the reason for emergency relief; and, in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing counsel or the opposing party. Failure to attach said affidavits to the request for emergency relief may be grounds for denial of the motion.
C. Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraining order, preliminary injunction, or any other emergency relief, shall be filed in the Office of the Circuit Clerk, if during court hours, before application to the court for the order.
D. If a motion is heard without prior notice under this rule and any respondent or other party fails to appear, a copy of the orders entered at the hearing shall be served personally, or by US Mail upon all parties not theretofore found by the Court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.
E. Counsel shall use every reasonable effort to notify opposing parties or counsel of entry of each Order, at the earliest opportunity.
2.06 TELEPHONE CONFERENCE
When any party requests that a motion be heard or argued by telephone conference, without a court appearance, pursuant to Supreme Court Rule 185:
A. The requesting party shall arrange and pay for any such telephone calls.
B. If all parties agree that the matter can be heard by conference call, the requesting party shall contact the caseflow coordinator who shall bring the request to the trial judge’s attention for approval or disapproval.
C. That in the absence of the agreement of the parties, any party shall secure the trial judge’s approval by notice and motion.
D. That all said conferences shall be memorialized in written form by the requesting party’s attorney. The said form shall contain the names of all parties and attorneys participating in the conference, the party who initiated the conference, the presence of any objections, and the Court’s findings and order.
E. That the said written memorialization shall be served upon all parties of record and delivered to the Court, with proof of service, to be entered on the record by order within five (5) court days unless a party to the proceeding files a written objection. If a written objection is filed, it must be served upon all parties of record and noticed before the Court for hearing within ten (10) court days of its filing.
F. That when a telephone conference occurs in a criminal case in which the defendant has waived his presence, service of the written memorialization upon the defendant shall be made by defense counsel. Proof of said service shall be filed with the clerk.
All orders entered following the hearing upon any motion shall be governed by Supreme Court Rule 271. The attorney who prepares the order shall print clearly “prepared by” and his name, address and State of Illinois attorney registration number at the bottom of the order. The preparer shall serve a copy of the order upon all parties of record.
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