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- Part 1.00 Motions Notice
Part 1.00 Motions Notice
4-1.01 Motions Generally/Notice amended 3-5-18
4-1.02 Contested Motions
4-1.03 Motions for Consolidation of Cases
4-1.04 Motions for Summary Judgment amended 12-31-17
4-1.05 Orders
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 clear printing the name, address, e-mail address, telephone number and State of Illinois attorney registration number of the attorney representing the party on whose behalf the document is filed.
D. Each Motion shall be captioned with the case name and number and shall include the Supreme Court Rule, Code of Civil Procedure Section and/or other statutory Section upon which it is based.
E. All dispositive motions shall be initially scheduled before the Court for presentment. Unless otherwise directed by the Court, no contested motion shall be heard if it has not been scheduled for hearing by the Court.
F. Written Notice of Motion of all Motions shall be given by the party requesting the hearing. The Notice shall be given to all parties who are not in default pursuant to a finding of the Court. Additional Notice may be ordered by the Court. Where a party is represented by an attorney of record, Notice shall be given to that party’s attorney and not the party himself.
G. The Notice of Motion 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, the courtroom where it will be presented, and the address of the Courthouse or Branch Court as appropriate. 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.
H. Notice of Motion shall be given in the manner and to the persons described in Supreme Court Rule 11. If notice of hearing is given by personal service, the notice shall be delivered before 4 p.m. of the second (2nd) court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on or before the fifth (5th) court day preceding the hearing of the motion.
I. Delivery by electronic means or by personal, office, or residential delivery is complete on the day of transmission. Delivery by third-party commercial carrier or courier is complete on the third Court day after delivery of the package to the third-party carrier. Delivery by U.S. mail is complete four days after mailing.
J. 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 previously found by the Court to be in default for failure to plead, and proof of service shall be filed within two days after the hearing.
K. If a Motion presented without prior Notice is denied, or hearing thereon is denied, an Order of the Court’s ruling shall be entered.
L. 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 days from the date it is filed, the Court may consider the Motion denied by reason of delay.
M. 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.
N. The movant, or his attorney, seeking an Order of Default shall notify the court clerk at least one court day prior to the date of the hearing and shall request that the court file be present upon hearing of the Motion.
O. 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.
P. Motions not presented or supported by the moving party when called, pursuant to Notice, may be denied or stricken.
Q. There is no entitlement to a briefing schedule or oral argument. In its discretion, the Court may permit or require briefs or oral argument or both. The Court may also exercise its discretion to decide a Motion without briefs or oral arguments.
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B. Page Limitations.
C. For every contested motion, including those 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 court days prior to hearing, a copy of:
D. Not less than five 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 on 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 compliance with the above requirements shall be copied to all counsel of record.
E. 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.
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If the cases sought to be consolidated are from different divisions, the Motion shall be brought before the Presiding Judge of either division.
The statement referred to in Section (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 statement 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:
C. Absent leave of Court, a Reply Brief shall not exceed five pages.
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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, e-mail address, telephone number and State of Illinois attorney registration number (ARDC #) at the bottom of the Order. The preparer shall serve a copy of the Order upon all parties of record.
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4-1.02 Contested Motions
4-1.03 Motions for Consolidation of Cases
4-1.04 Motions for Summary Judgment amended 12-31-17
4-1.05 Orders
4-1.01 Motions Generally/Notice
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 clear printing the name, address, e-mail address, telephone number and State of Illinois attorney registration number of the attorney representing the party on whose behalf the document is filed.
D. Each Motion shall be captioned with the case name and number and shall include the Supreme Court Rule, Code of Civil Procedure Section and/or other statutory Section upon which it is based.
E. All dispositive motions shall be initially scheduled before the Court for presentment. Unless otherwise directed by the Court, no contested motion shall be heard if it has not been scheduled for hearing by the Court.
F. Written Notice of Motion of all Motions shall be given by the party requesting the hearing. The Notice shall be given to all parties who are not in default pursuant to a finding of the Court. Additional Notice may be ordered by the Court. Where a party is represented by an attorney of record, Notice shall be given to that party’s attorney and not the party himself.
G. The Notice of Motion 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, the courtroom where it will be presented, and the address of the Courthouse or Branch Court as appropriate. 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.
H. Notice of Motion shall be given in the manner and to the persons described in Supreme Court Rule 11. If notice of hearing is given by personal service, the notice shall be delivered before 4 p.m. of the second (2nd) court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on or before the fifth (5th) court day preceding the hearing of the motion.
I. Delivery by electronic means or by personal, office, or residential delivery is complete on the day of transmission. Delivery by third-party commercial carrier or courier is complete on the third Court day after delivery of the package to the third-party carrier. Delivery by U.S. mail is complete four days after mailing.
J. 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 previously found by the Court to be in default for failure to plead, and proof of service shall be filed within two days after the hearing.
K. If a Motion presented without prior Notice is denied, or hearing thereon is denied, an Order of the Court’s ruling shall be entered.
L. 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 days from the date it is filed, the Court may consider the Motion denied by reason of delay.
M. 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.
N. The movant, or his attorney, seeking an Order of Default shall notify the court clerk at least one court day prior to the date of the hearing and shall request that the court file be present upon hearing of the Motion.
O. 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.
P. Motions not presented or supported by the moving party when called, pursuant to Notice, may be denied or stricken.
Q. There is no entitlement to a briefing schedule or oral argument. In its discretion, the Court may permit or require briefs or oral argument or both. The Court may also exercise its discretion to decide a Motion without briefs or oral arguments.
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4-1.02 Contested Motions
A. For purposes of LCR 4-1.02, 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. Page Limitations.
1. No Motion or Response shall exceed fifteen typewritten double-spaced pages without prior approval of the Court. This page limit includes any separately filed Memorandum or brief in support of a Motion or Response.
2. No Reply or Memorandum in support thereof shall exceed five typewritten pages without prior leave of Court. Any such Brief or Memorandum shall be limited to responding to new matters raised in the opponent’s Response Brief or Memorandum.
3. Neither narrow margins nor any other formatting device shall be employed to evade the page limitations set forth in this Rule. Footnotes, if any, shall be used sparingly.
4. Failure to comply with this Rule shall be sufficient grounds for striking the Motion, Response, or Reply, or for the Court’s refusal to consider the excess pages of the document and to consider the matters contained therein to have been waived.
C. For every contested motion, including those 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 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.
D. Not less than five 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 on 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 compliance with the above requirements shall be copied to all counsel of record.
E. 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.
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4-1.03 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, P, 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.
4-1.04 Motions for Summary Judgment
A. In all filings pursuant to 735 ILCS 5/2-1005, the moving party shall serve and file:1. any affidavits and other materials referred to in Supreme Court Rule 191,
2. the Motion for Summary Judgment and supporting Memorandum of law, which shall not exceed fifteen pages without leave of Court,
3. a statement of material facts as to which the moving party contends there is no genuine issue and that entitles 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 Section (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 statement 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:
1. any affidavits and other materials referred to in Supreme Court Rule 191,
2. a Response to a Motion for Summary Judgment and supporting Memorandum of law, which shall not exceed fifteen pages without leave of Court,
3. a concise response to the movant’s statement that shall contain:
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.
C. Absent leave of Court, a Reply Brief shall not exceed five pages.
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4-1.05 Orders
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, e-mail address, telephone number and State of Illinois attorney registration number (ARDC #) at the bottom of the Order. The preparer shall serve a copy of the Order upon all parties of record.
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