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The County of DuPage
Wheaton, Illinois

Standing Orders for Courtroom 2005

The purpose of the standing order is to provide guidance to the attorneys and litigants who appear in Courtroom 2005 so as to promote efficient and consistent treatment for every case.     

 Pre-Trial Conferences - 9:00 a.m., 10:00 a.m. or 11:00 a.m. Fridays

            Pre-Trial Conferences are held on Fridays in Courtroom 2005. They are scheduled by appearing in Court and when given the approval by the Court setting the date and time set with the Judge's secretary. The Court encourages settlement conferences as early as possible in the litigation process. Requests for a settlement conference may be made by motion or, if all parties are in agreement, by either calling the Judge's secretary (630-407-8818).  Pre-trial memoranda may be sent to the Judge seven days before the pre-trial with copies to opposing counsel.  At the settlement conference, a person with authority to settle the case must be present or available by telephone. 

 Status call - 9:00 a.m. Monday through Thursday

            The Clerk of the Court automatically sets the first status date within 90 days of the filing of a complaint. The purpose of the initial status date is to verify service of summons on the defendants and any appearances. If all the defendants have appeared and answered the complaint, a discovery schedule may be entered by the Court. Any status dates thereafter are set by the Court. 

 Motions - 9:00 a.m. Monday through Thursday

             In order to be heard on a Notice of Motion, the attorney or pro se litigant must first schedule the date and time with the Judge's secretary by telephone (630-407-8818).  Filing the Notice of Motion with the Clerk's office alone will not place the motion on the call. If the opposing side wishes to respond to the motion in writing, a briefing schedule will be entered and hearing date will be set.

 CASE MANAGEMENT CONFERENCE - S.Ct. Rule. 218 - 9:00 a.m. Monday through Thursday    

            Supreme Court Rule requires that the court hold a case management conference within 35 days after the parties are at issue (all defendants have appeared and answered the complaint) and in no event more than 182 days after the filing of the Complaint. The Circuit Court Clerk sets the first Case Management Conference date (CMC) which is stamped on the Complaint in the top right corner. Thereafter, the Court sets any CMC dates. Pursuant to S.Crt.R. 218, counsel and any pro se litigant who appear shall be familiar with the case and prepared to discuss the nature, issues and complexity of the case, potential amendments to the pleadings, potential stipulations concerning facts and documents, the number and duration of depositions, retention of expert witnesses, deadlines for written discovery, disclosure of witnesses, depositions, scheduling of a settlement conference and/or mediation, the date the case should be ready for trial, and future case management dates. The court expects orders setting discovery schedules to be followed. If the parties cannot comply with the set schedule, a motion to extend the time to perform the discovery, with good cause shown, should be presented on or before the next status date.  If no such motion is presented, a failure to follow the discovery schedule can result in an order barring any further extension of time to perform that discovery.

 Contested Motions - 9:30 a.m. Monday through Thursday   

            Contested Motions are scheduled by the Court. The contested hearing date will not be continued without good cause shown. If the request for continuance occurs within 48 hours of the hearing, the Court may, in its discretion, deny the continuance and decide the motion without oral argument of any party not present for the hearing. 

            Pursuant to local court rule, courtesy copies of the motion, response, and reply should be provided to the court seven days in advance by the movant. If the motion is pursuant to 735 ILCS 5/2-615 or 2-619, a courtesy copy of the complaint at issue must also be provided.     

 TRIAL DATES - Monday - Thursday 1:30 p.m.                

            Most Trial Dates are set at 1:30 a.m. by the Court. The Bench/Jury Trial Setting form order should be used when scheduling a trial date. Trial dates are firm and requests for continuance are not encouraged and should be presented by motion at the earliest date.  A Motion to continue a trial date will be granted only upon good cause shown.  

            Every effort is made to schedule only one case for trial per day so that the litigants are assured that their case will proceed to trial. If another case is set the same day, it is within the court's discretion as to which case will proceed, whether to hold the other case for trial, reschedule the trial, or reassign the case for immediate trial. The Administrative Assistant will advise the parties of the status of the cases set for trial and the order in which they will proceed when possible.      


            When a jury case is set for trial, a Trial Conference date will also be set the week before trial. The purpose of the Trial Conference is to review the Nature of the Case which will be read to the venire, rule on motions in limine, objections in evidence depositions, review and rule on proposed instructions, discuss jury selection, witnesses, and scheduling. The court can conduct a settlement conference at that time if the parties are willing to do so, but that is not the purpose of the Trial Conference. Trial counsel must be present for the Trial Conference.  


            Each party is responsible to provide to the Court and opposing counsel courtesy copies of the trial materials seven days before the Trial Conference date. In a Jury trial the materials must include the proposed non-IPI jury instructions and should also include the following: 

1) Jointly prepared/approved Nature of the Case with a list of witnesses and estimated number of trial days;  

2) Stipulations of the Parties; 

3) List of Exhibits with courtesy copies of documents for the Court. 

4) Copies of any Evidence depositions with list of page/line number of all objections on which the Parties are requesting a ruling. Any objection not listed is waived. Only form and foundation objections are waived if not made during the deposition. All other objections are preserved.  

5) Copies of any Answers to S.Ct. Rule 216 Request to Admit which any Party wishes to introduce into evidence. 

6) Copies of the Motions in limine and any Responses thereto. Proposed Order granting, denying or reserving each motion. 

7) Any Motions requesting a Ruling on any disputes regarding Requests to Produce pursuant to S.Ct. Rule 237. Any request in a S.Ct. Rule 237 request must have been previously requested pursuant to S.Ct. Rule 214 during discovery. 

 8) Copies of the Answers to 213 (f) (1), (2), and (3) by each Party. 

 9) Copies of the transcripts of each Party's S.Ct. Rule 213(f)(3) witnesses for the purpose of ruling on S.Ct.Rule 213 objections. Each Party shall be prepared to cite to the 213 Answers to Interrogatories or page and line number of the deposition of their S.Ct. Rule 213(f)(3) witness to respond to a S.Ct. Rule 213 objection. 

10) Proposed instructions, including special interrogatories -one original and one marked with the IPI number or non-IPI with case authority and identified with Plaintiff/Defendant Inst. #.  It is good practice to have the marked copy with the following: 


                        Given as modified_____ 


                        Refused ________ 


            Any jury instructions not proposed at the Trial Conference will not be considered without good cause shown unless offered before the Defendant begins the presentation of his/her/its case. 

11) The Court asks limited background questions of the venire. Each party has the right to ask questions of the venire. The Court does not generally limit the time for questioning, but may do so in its discretion. If any Party desires the Court to ask particular questions, a list of those questions should be submitted at the Trial Conference.              

12) In a Bench Trial  submitted materials shall include all of the above items except #10 and 11. In addition, in a bench Trial, the Parties are to submit a memorandum of law, not in excess of five pages, summarizing their respective legal theories with cited authority.  The parties are encourage but not required to collate and number proposed documentary exhibits in a loose leaf binder for the convenience of the Court.


            Dated: July 24, 2020

            Circuit Court Judge Paul M. Fullerton