|
Court Rules
|
| Table of Contents | I. ADMINISTRATION OF THE COURT | II. CIVIL PROCEEDINGS | III. PARTICULAR CIVIL PROCEEDINGS | IV. CRIMINAL PROCEEDINGS | APPENDICES |
 |
|
|
|
|
I. ADMINISTRATION OF THE COURT
ARTICLE 1: GENERAL RULES
|
TOP |
|
Rule |
Title |
|
1.01 |
General Rules |
|
1.02 |
Power of Court to Adopt Rules |
|
1.03 |
Court Reporting Services |
|
1.04-1.18 |
(RESERVED) |
|
1.19 |
Meetings |
|
1.20 |
Selection of a Chief Judge |
|
1.21 |
Authority of the Chief Judge |
|
1.22 |
(RESERVED) |
|
1.23 |
Motion for Substitution of Judge for Cause |
|
1.24 |
Authority of Presiding Judges |
|
1.25 |
Attorney Registration - Addresses of Parties and Attorneys |
|
1.26 |
Handling of all Writs in Criminal Proceedings |
|
1.27 |
Appearance of Counsel |
|
1.28 |
Judicial Supervision of the Use of Eavesdropping Devices |
|
1.29 |
Decisions within Sixty (60) Days |
|
1.30 |
Photographing, Recording, Broadcasting or Televising in or Near Courtrooms |
|
1.31 |
Judicial Review of Local Electoral Board Decisions |
|
1.32 |
(RESERVED) |
|
1.33 |
Law Library Rules of Conduct |
|
1.34 |
Procedure Upon Remand for Further Proceedings |
| ARTICLE 2: CLERK OF THE CIRCUIT COURT |
TOP |
| |
Rule |
Title |
|
2.01 |
Office of the Clerk |
|
2.02 |
Filing of Papers |
|
2.03 |
Removal of Papers Filed |
|
2.04 |
Copies of Papers Filed |
|
2.05 |
Delivery of Files to Court Security Officers |
|
2.06 |
Opening of Depositions |
|
2.07 |
Maintaining Daily Call Sheet |
|
2.08 |
Files Present in Courtroom |
|
2.09 |
Custody of Evidence |
|
2.10 |
Record Keeping |
|
2.11 |
(RESERVED) |
|
2.12 |
Application to Waive Costs and Fees |
|
2.13 |
Non-Wage Garnishment |
|
2.14 |
Wage Deduction |
|
2.15 |
Notice of Appeal |
|
2.16 |
Transferred Cases |
|
2.17 |
Clerk to Prepare Pre-Printed Approved Forms |
| ARTICLE 3: SHERIFF |
TOP |
|
Rule |
Title |
|
3.01 |
Additional Court Security Officers |
|
3.02 |
Rules as to Court Security Officers |
| ARTICLE 4: JURY SERVICES |
TOP |
|
Rule |
Title |
|
4.01 |
Jurors: Selection and Terms of Service |
|
4.02 |
Failure to Respond to Jury Summons |
|
4.03 |
Compensation of Jurors |
|
4.04 |
Jury Services at Coroner’s Inquest |
|
4.05 |
Jury Commission |
| ARTICLE 5: E-FILING |
TOP |
|
Rule |
Title |
|
5.01 |
Authority |
|
5.02 |
Effective Date |
|
5.03 |
Designation of Electronic Filing Case Types |
|
5.04 |
Definitions |
|
5.05 |
Authorized Users |
|
5.06 |
Method of Filing |
|
5.07 |
Maintenance of Original Documents |
|
5.08 |
Privacy Issues |
|
5.09 |
Format of Documents |
|
5.10 |
Signatures |
|
5.11 |
Time of Filing, Acceptance by the Clerk and Electronic Filing Stamp |
|
5.12 |
Electronic Service, Courtesy Copies and Filing Proof of Service |
|
5.13 |
Collection of Fees |
|
5.14 |
System or User Errors |
|
5.15 |
Vendor Conditions |
| |
|
II. CIVIL PROCEEDINGS
|
TOP |
|
Rule |
Title |
|
6.01 |
Automatic Status Dates |
|
6.02 |
Notice of Dismissal for Want of Prosecution |
|
6.03 |
Pleadings to be Readily Comprehensible |
|
6.04 |
Motions Generally |
|
6.05 |
Contested Motions |
|
6.06 |
(RESERVED) |
|
6.07 |
Motions for Consolidation of Cases |
|
6.08 |
Emergency Motions and Emergency Relief |
|
6.09 |
Proof of Damages upon Entry of Default |
|
6.10 |
Privacy Issues |
| ARTICLE 7: DISCOVERY |
TOP |
|
Rule |
Title |
|
7.01 |
Written Interrogatories or Production Requests |
|
7.02 |
Discovery Documents |
|
7.03 |
Medical Opinion Witnesses |
|
7.04 |
Days for Taking Depositions |
| ARTICLE 8: SETTLEMENT AND LITIGATION CONFERENCES |
TOP |
|
Rule |
Title |
|
8.01 |
Settlement Conference |
|
8.02 |
Litigation Conference |
|
8.03 |
Initial Case Management Conference Exemption |
|
8.04 |
L, ED, LM Case Management Conferences |
| ARTICLE 9: TRIAL PRACTICE |
TOP |
|
Rule |
Title |
|
9.01 |
Litigants to be Present in Court |
|
9.02 |
Motions In Limine |
|
9.03 |
Jury Selection |
|
9.04 |
Wage Deduction Procedure |
| |
| III. PARTICULAR CIVIL PROCEEDINGS
|
TOP |
|
Rule |
Title |
|
10.01 |
Settlement of Minor’s or Wards Personal Injury Claim, Wrongful Death Claim or Claim under the Survival Statute |
|
10.02 |
Distribution of Funds to a Minor Pursuant to Judgment |
| ARTICLE 11: RECEIVERS |
TOP |
|
Rule |
Title |
|
11.01 |
Qualifications and Appointment of Receivers |
|
11.02 |
Attorneys for Receivers |
|
11.03 |
Inventories of Receivers |
|
11.04 |
Appraisal for Receivers |
|
11.05 |
Reports of Receivers |
|
11.06 |
Bonds of Receivers |
| ARTICLE 12: BONDS AND SURETIES |
TOP |
|
Rule |
Title |
|
12.01 |
Definitions |
|
12.02 |
Authorization to Serve as Surety |
|
12.03 |
Petition and Hearing for Authorization |
|
12.04 |
Revocation of Authorization |
|
12.05 |
Justification of Sureties |
| ARTICLE 13: MANDATORY ARBITRATION |
TOP |
|
Rule |
Title |
|
13.01 |
Civil Actions Subject to Mandatory Arbitration (S.C. Rule 86) |
|
13.02 |
Appointment, Qualification and Compensation of Arbitrators and Prohibition from Post-Hearing Contact with Arbitrators (S.C. Rule 87) |
|
13.02.1 |
Diligence Date |
|
13.03 |
Scheduling of Hearings (S.C. Rule 88) |
|
13.04 |
Discovery (S.C. Rule 89) |
|
13.05 |
Conduct of the Hearings (S.C. Rule 90) |
|
13.06 |
Default of a Party (S.C. Rule 91) |
|
13.07 |
Award and Judgment on Award (S.C. Rule 93) |
|
13.08 |
Rejection of Award (S.C. Rule 93) |
|
13.09 |
Form of Oath, Award and Notice of Entry of Award (S.C. Rule 94) |
|
13.10 |
Form of Notice of Rejection of Award (S.C. Rule 95) (RESERVED) |
|
13.11 |
Administration of Mandatory Arbitration |
|
13.12 |
Duties of Supervising Judge for Arbitration |
|
13.13 |
Destruction of Arbitration Hearing Exhibits |
| ARTICLE 14: COURT ORDERED MEDIATION FOR CIVIL CASES |
TOP |
|
Rule |
Title |
|
14.01 |
Purpose of the Mediation Process |
|
14.02 |
Civil Actions Eligible for Court Ordered Mediation |
|
14.03 |
Filing of Cases Eligible for Court Ordered Mediation |
|
14.04 |
Discovery |
|
14.05 |
Order of Referral to Court Ordered Mediation |
|
14.06 |
Procedure Following Entry of an Order of Referral to Court Ordered Mediation |
|
14.07 |
Location of Mediation Conferences |
|
14.08 |
Attendance at a Mediation Conference |
|
14.09 |
Settlement Prior to Mediation Conference |
|
14.10 |
Termination and Report of Mediation Conference |
|
14.11 |
Post-Mediation Conference Status Date |
|
14.12 |
Mediation Conference Confidentiality |
|
14.13 |
Mediator Immunity |
|
14.14 |
Certification of Mediators for Court Ordered Mediation |
|
14.15 |
Re-Certification and Removal of Mediators for Court Ordered Mediation |
|
14.16 |
Disqualification of a Mediator |
|
14.17 |
Mediator Compensation |
|
14.18 |
Form Orders |
|
14.19 |
Supervising Judge and Reporting Requirements |
|
14.20 |
Duties of Supervising Judge for Mediation |
| ARTICLE 15: DOMESTIC RELATIONS - Articles 15.01 - 15.14 Articles 15.15 - 15.26 |
TOP |
|
Rule |
Title |
|
15.01 |
Definitions |
|
15.02 |
Applicability and Case Designation |
|
15.03 |
Marriage |
|
15.04 |
Time Limitations in Child Custody Cases |
|
15.05 |
Discovery |
|
15.06 |
Education Program |
|
15.07 |
Status Conference |
|
15.08 |
Titles on All Petitions, Motions and Orders |
|
15.09 |
Motions and Hearings |
|
15.10 |
Emergency Matters |
|
15.11 |
Motions for Temporary Relief |
|
15.12 |
Rule to Show Cause |
|
15.13 |
Consolidation of Guardianship Cases |
|
15.14 |
Guardians Ad Litem, Child Representatives and Attorneys for Children |
|
15.15 |
Mediation Referral Program |
|
15.16 |
Custody Evaluation Program |
|
15.17 |
Record in Certain Proceedings |
|
15.18 |
Pre-Trial Conference and Trial Dates |
|
15.19 |
Joint Simplified Dissolution Procedure |
|
15.20 |
Entry of Judgment |
|
15.21 |
Maintenance or Support Payments |
|
15.22 |
Expedited Matrimonial Fee Arbitration Program |
| |
15.22.01 |
Eligible Actions |
| |
15.22.02 |
Powers and Duties |
| |
15.22.03 |
Applicability of Code of Civil Procedure |
| |
15.22.04 |
Commencement of Arbitration and Hearing |
| |
15.22.05 |
Reply and Notice |
| |
15.22.06 |
Absence of Party at Hearing |
| |
15.22.07 |
Award and Judgment on Award |
| |
15.22.08 |
Binding Arbitration and Judgment on Award |
| |
15.22.09 |
Arbitrator May Not Testify |
| |
15.22.10 |
Immunity |
| |
15.22.11 |
Disclosure of Attorney-Client Communication and Work Product |
| |
15.22.12 |
Disputes Not Subject to Arbitration |
| |
15.22.13 |
Docketing of Arbitration |
| |
15.22.14 |
Review of Petition for Arbitration |
| |
15.22.15 |
Assignment to Arbitration Panel |
| |
15.22.16 |
Duties of Arbitration Panel; Arbitrator Disqualification; Compensation |
| |
15.22.17 |
Hearing |
| |
15.22.18 |
Fees and Costs |
|
15.23 |
Refiled Cases |
|
15.24 |
Domestic Violence |
|
15.25 |
Pro Se Night Court |
|
15.26 |
Periodic Meetings |
| ARTICLE 16: SMALL CLAIMS |
TOP |
|
Rule |
Title |
|
16.01 |
Form of Summons and Complaint |
|
16.02 |
(RESERVED) |
|
16.03 |
Return Day Procedures |
|
16.04 |
Jury Demands |
| ARTICLE 17: JUVENILE |
TOP |
|
Rule |
Title |
|
17.01 |
Intake Criteria |
|
17.02 |
Intake Procedure |
|
17.03 |
Preliminary Conference |
|
17.04 |
Diversion-Intake Criteria |
|
17.05 |
Neglected and Dependent Child Intake |
|
17.06 |
Filing of Petitions |
|
17.07 |
Attendance at Hearings |
|
17.08 |
Answers to Petitions |
|
17.09 |
DuPage County Youth Home |
|
17.10 |
Court Investigators |
|
17.11 |
Secure Custody |
|
17.12 |
Limited or Temporary Custody |
|
17.13 |
Detention Hearings |
|
17.14 |
Emergency Change in Custody |
|
17.15 |
Notice of Emergency Change in Custody |
|
17.16 |
Routine Change in Custody |
|
17.17 |
Duty to Report Pregnancy |
|
17.18 |
Restriction Upon Undue Influence |
|
17.19 |
Conditions of Supervision or Probation |
|
17.20 |
Saving Provision |
|
17.21 |
Expungement of Law Enforcement and Juvenile Court Records |
| ARTICLE 18: PROBATE |
TOP |
|
Rule |
Title |
|
18.01 |
Admission of Will to Probate - Letters of Administration |
|
18.02 |
Petition for Expenditure for Ward |
|
18.03 |
Investment by Plenary Guardian or Guardian of the Estate |
|
18.04 |
Inventories |
|
18.05 |
Form of Accounts |
|
18.06 |
Out-of-State Personal Representatives |
|
18.07 |
Procedures for Estates of Disabled Adults |
ARTICLE 19 and ARTICLE 20: (RESERVED)
ARTICLE 21: ADOPTIONS |
TOP |
|
Rule |
Title |
|
21.01 |
Filing of Petition |
|
21.02 |
Docket Call Times |
|
21.03 |
Motions |
|
21.04 |
Courtesy Copies |
|
21.05 |
Consents |
|
21.06 |
Investigative Reports |
|
21.07 |
Interim Orders |
|
21.08 |
Guardians Ad Litem |
|
21.09 |
Termination of Parental Rights by Default |
|
21.1 |
Verification of Finality of Parallel Proceedings |
|
21.11 |
Appointment of Counsel/Experts |
|
21.12 |
Setting Matter for Judgment |
|
21.13 |
Standby Adoptions |
|
21.14 |
Adult Adoptions |
|
21.15 |
Co-Parent and Second Parent Adoptions |
|
21.16 |
Access to Court Files |
|
21.17 |
Appointment of Confidential Intermediaries |
| ARTICLE 22: TAX CASES |
TOP |
|
Rule |
Title |
|
22.01 |
Special Assessments |
|
22.02-22.10 |
(RESERVED) |
| ARTICLES 23 through 29: (RESERVED) |
|
| |
|
IV. CRIMINAL PROCEEDINGS
|
TOP |
|
Rule |
Title |
|
30.01 |
Applicability of Rules |
|
30.02 |
(RESERVED) |
|
30.03 |
Joinder and Transfer of Cases |
|
30.04 |
Reassignments |
|
30.05 |
Defendant’s Appearance by a Two-Way Audio/Video Communication System |
|
30.06 |
Defendant’s Demand for Speedy Trial |
|
30.07 |
Motion Days |
|
30.08 |
Future Court Dates |
|
30.09 |
Continuances |
|
30.10 |
(RESERVED) |
|
30.11 |
Appearances of Counsel and Priority in Court Call |
|
30.12 |
(RESERVED) |
|
30.13 |
Waiver of Trial by Jury |
|
30.14 |
(REPEALED) |
|
30.15 |
Control of Evidence in Criminal Courts |
|
30.16 |
Petitions to Expunge Records of Arrest |
| ARTICLE 31: ARREST, PRELIMINARY EXAMINATION AND BAIL |
TOP |
|
Rule |
Title |
|
31.01 |
Warrant, Summons and Notice to Appear |
|
31.02 |
Processing Returns on Bench Warrants |
|
31.03 |
Bail |
|
31.04 |
Setting of Bail Bond in Felony Cases |
|
31.05 |
Bond Court |
|
31.06 |
(RESERVED) |
|
31.07 |
(RESERVED) |
|
31.08 |
Arraignment and Plea |
|
31.09 |
Analysis Report of Field Tests |
| ARTICLE 32: FELONIES |
TOP |
|
Rule |
Title |
|
32.01 |
Applicability |
|
32.02 |
Preliminary Hearing |
|
32.03 |
Discovery |
|
32.04 |
Pre-Plea Report |
|
32.05 |
Procedure for Disclosure and Filing of Pre-Sentence Reports and |
|
|
Pre-Plea Reports |
|
32.06 |
(RESERVED) |
|
32.07 |
(RESERVED) |
| ARTICLE 33: MISDEMEANORS |
TOP |
|
Rule |
Title |
|
33.01 |
Applicability |
|
33.02 |
(RESERVED) |
|
33.03 |
(RESERVED) |
|
33.04 |
Trial or Hearing Dates in DUI and Misdemeanor Courts |
| ARTICLE 34: DRIVING UNDER THE INFLUENCE OF ALCOHOL/DRUGS |
TOP |
|
Rule |
Title |
|
34.01 |
Applicability |
|
34.02 |
Monitoring |
|
34.03 |
DUI Evaluation Reports |
|
34.04 |
DUI Evaluation Fees |
|
34.05 |
DUI Treatment Services |
|
34.06 |
Judicial Driving Permit |
|
34.07 |
Arraignment |
| ARTICLE 35: TRAFFIC AND ORDINANCES |
TOP |
|
Rule |
Title |
|
35.01 |
Applicability |
|
35.02 |
Jury Demands |
|
35.03 |
(RESERVED) |
|
35.04 |
Parking Tickets |
|
35.05 |
Appointment of Public Defender |
|
35.06 |
Trial or Hearing Dates in Traffic Division |
|
35.07 |
Continuances |
|
35.08 |
Vacating Judgments in the Traffic Division |
|
35.09 |
Special Motions |
| ARTICLE 36: SENTENCING |
TOP |
|
Rule |
Title |
|
36.01 |
Applicability |
|
36.02 |
Judgment and Sentence |
|
36.03 |
Payment of Fines and Costs |
|
36.04 |
Extending Time to Pay Fines and Costs |
|
36.05 |
Pre-Sentence Reports |
|
36.06 |
Probation |
|
36.07 |
Conditional Discharge Procedures |
|
36.08 |
Court Supervision |
|
36.09 |
Periodic Imprisonment |
|
36.10 |
Enforcement of Probation |
|
36.11 |
Probation and Court Services Records |
| ARTICLE 37: POST-TRIAL, POST-CONVICTION AND APPEAL |
TOP |
|
Rule |
Title |
|
37.01 |
Post-Conviction Petitions |
|
37.02 |
Appeals of Criminal Cases |
| ARTICLE 38 and ARTICLE 49: (RESERVED) |
| |
TOP |
|
APPENDIX OF FORMS FOR USE IN CIVIL CASES
Any Statement of the Nature of the Case, Settlement Conference Memorandum, Litigation Conference Order, Order Approving Settlement of a Minor’s Claim with Funds to be Deposited, Order Approving Settlement of a Minor’s Claim with Funds to be Administered in a Probate Proceeding, shall be substantially in compliance with the forms set forth in this Appendix of Forms for use in Civil Cases.
|
|
APPENDIX OF FORMS FOR USE IN CRIMINAL CASES
|
