Motions
If you are asking the court to enter an order or take an action, you must file a written Motion and notify the other side. Watch this video for further information on Filing Motions.
Ex parte communication is not allowed. This is when one party gives the judge information without the other side being present or notified. If you have something you need to tell the judge, you must ask for a hearing and give notice to the other party or file a motion and send a copy of the written statement to the other party.
1. How to Prepare a Motion: You will title your Motion and write what you are asking the judge for and why the judge should agree with you. Your motion should include the following:
- The statutory provision under which you seek relief
- Separately numbered paragraphs with the exact relief you seek and the factual reasons for requesting that relief
- A request or prayer for relief
- A certification that the allegations in the motion are true and correct to the best of your knowledge, including your signature
2. Available Motion Forms: There are general motion and notice forms that can be found here. There are also specific motion forms, depending on what you are asking the judge for. You can search through the forms listed on the Illinois Courts Website and the Lake County Circuit Clerk Website for other motion forms. You can also come to the Law Library for help finding motion forms.
3. Obtain a Court Date. To obtain a court date, call the Clerk of the Court at 847-377-3209 and have your case number available.
4. Notice of Court Date for Motion. This is the form that is used to notify the other party of when and where you will appear in court to present your Motion. You will need to fill out this form with the court date, time, and courtroom that was obtained when you called the Clerk’s office. Make sure to include your name, address, and phone number on the bottom of the Notice.
5. Filing the Motion and Notice of Motion. The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court. The e-Filing system will reject your filing if you do not enter a court date on the form before e-filing it.
6. Sending the Motion and the Notice of Motion. Send a file stamped copy of both the Notice of Motion and the Motion to the opposing party by U.S. Mail at their last known address. You must mail this document at least five court days before the court date.
7. Presenting the Motion in Court. You must appear in court on your assigned court date and time. If you fail to appear, your motion may be stricken or dismissed. At that time, you will present the Judge with your Motion. The other party will be given time to respond to your Motion, and the Judge will set a future date for the hearing. When you appear in Court, you should bring several copies of all the papers you have filed in your case, as well as several copies of any other documents to support your request.
8. Personal Identity Information: Supreme Court Rule 138 imposes important restrictions on the use of Personal Identity Information in any document filed in the Court record, as the record is public information. Personal Identity Information is defined as: Social Security and Taxpayer-identification numbers, driver’s license numbers, financial account numbers, or debit and credit card numbers. Personal Identity Information must only use the last four digits of the actual number. Willfully failing to comply with this Rule could result in monetary sanctions, including attorney fees and court costs.