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The County of DuPage
Wheaton, Illinois


STANDING ORDER FOR COURTROOM 2018

JUDGE JAMES McCLUSKEY (Interim 7/10/20-TBD)

The purpose of this Standing Order is to guide attorneys and pro se litigants who appear in Courtroom 2018 in order to promote the consistent and efficient handling of all cases.

All civil cases, as well as pleadings in civil matters, must be filed electronically.  E-file in DuPage County is online at efile.illinoiscourts.gov.  Please note the courtroom schedule for appropriate time for presentment of motions.

All motions and petitions may be electronically scheduled (for presentment only) through efile.illinoiscourts.gov or by calling the Judge’s secretary, Amy Teeling at (630) 407-8806. Parties are to provide the Judge with a courtesy copy of any motion or petition five (5) court days prior to the first presentment of the motion or petition.  The pleading may be mailed to the Judge in care of his secretary or e-mailed to:   

Amy.Teeling@18thjudicial.org

Motions or petitions emailed to the Judge MUST show the case name, case number and date the motion is being presented in the subject line.  Pursuant to local rule, all emailed motions and petitions may not exceed 25 pages

All pleadings and/or dismissal orders may be e-mailed to Amy.Teeling@18thjudicial.org.

Telephonic appearances are allowed through CourtCall. Consult the Standing Order Concerning Telephonic Appearances.

Courtroom Schedule:

Monday through Thursday - 9:00am - Post-Judgment Call

Motions and petitions on post-judgment proceedings, return on summons for post-judgment cases, supplementary and collection proceedings, presentment of petitions under §2-1301 and §2-1401 of the Code of Civil Procedure.

Monday through Friday - 9:00am – Motions and Status Call

Presentment of motions and petitions on active cases; return on summons on active cases; status on active cases pre and post-arbitration; presentment of motions after arbitration and before trial. 

Monday - 10:00am - Jury Trials

Attorneys and pro se litigants must comply with the ORDER SETTING JURY/BENCH TRIAL.

Tuesday through Thursday - 10:00am - Hearings on Contested Motions

Counsel and pro se litigants must comply with Local Rule 6.05 and this Standing Order.   Movant shall deliver printed courtesy copies for all hearings on contested motions.  

Tuesday through Thursday - 1:30pm - Bench Trials

Counsel and pro se litigants must comply with the ORDER SETTING JURY/BENCH TRIAL.

Thursday - 10:00am - 4:30pm ­- Final Trial Conferences and Pre-Trial Conferences

Final Trial Conferences are generally set the Thursday preceding a Jury Trial. The attorneys and pro se litigants must comply with the ORDER SETTING JURY/BENCH TRIAL.  If the Final Trial Conference does not conclude that day, parties are required to be present the next day to resume the Final Trial Conference.

Pre-trials are set on the motion of a party or on the Court's motion in an effort to identify and narrow the issues and promote settlement. Attorneys are expected to submit to the Judge a Pre-Trial Memorandum a minimum of five (5) court days prior to the scheduled Pre-Trial. It may be submitted by email; faxes will not be accepted.

 

Setting of Arbitration Hearings:

Both Plaintiff’s counsel and Defendant’s counsel must be present for setting of the Arbitration Hearing and Post-Arbitration status dates.  Discovery pursuant to Supreme Court Rule 222 must be completed prior to setting of the Arbitration Hearing.

 

Motions-Petitions:

All motions and petitions may be electronically scheduled through efile@illinoiscourts.gov or by calling the Judge’s secretary.  Parties are to comply with the court schedule when electronically scheduling a matter.  Parties are to provide the Judge with a courtesy copy of any motion or petition five (5) court days prior to the first presentment of the motion or petition.  The pleading may be mailed to the Judge in care of his secretary, Amy Teeling, or may be emailed to:  Amy.Teeling@18thjudicial.org.

If a motion or other pleading is emailed, the subject line MUST contain the case name, case number and date of presentment or it shall be rejected. Failure to provide a courtesy copy may result in the motion not being heard or set for hearing.

Providing the Court with a courtesy copy of the motion at the time of presentment does not satisfy the moving party's obligation to provide printed courtesy copies under Local Rule 6.05.  Failure to comply with Local Rule 6.05 may result in the motion being reset for hearing to another date, the motion being stricken or denied.

All motions, pleadings and orders shall comply with Local Rule 6.05, including the requirement that type be no greater than 12 characters per inch (10 point font) and that no motion or response may exceed ten (10) pages without leave of Court.

A request for alternative service by special order of court under §2-203.1 of the Code of Civil Procedure must be made by written motion supported by affidavit showing diligent inquiry of the defendant's location and attempts at service.

Default Judgments:

No default judgment will be entered unless all documents necessary to support the default judgment are on file prior to hearing on the request for a default judgment.  Required documents include proof of service of summons, affidavit concerning military service if necessary, affidavit of costs, affidavit of attorney’s fees, if applicable, and any other necessary documents.

If a request is made for attorneys' fees to be awarded as part of a judgment, a legible copy of the document authorizing an award of fees must be presented for the Court's review at the time of entry of the judgment, as well as the affidavit for attorney fees required by Local Rule 6.09.

 

Jury/Bench Trials:

Attorneys should familiarize themselves with the Standing Order for Jury Trial Procedures, the Jury Instruction Protocol, and the ORDER SETTING JURY/BENCH TRIAL, including, but not limited to courtesy copies.

 

Miscellaneous and Courtroom Decorum:

A request for an interpreter should be made at the time the case is set for hearing, arbitration or trial, but in no event less than two weeks prior to the date set.

When you have approached the bench, identify yourself by giving the line number, your name, and the name of the party you represent.  Do not identify yourself while you are approaching the bench.  The microphone may not pick-up your voice.

All pre-judgment cases must have a future date. Write the line number on the top of all orders submitted. All orders submitted must comply with the Local Rule 6.05 including the requirement that type shall be no greater than twelve (12) characters per inch (10 point font).

All attorneys are expected to dress and act professionally at all times.

 

Dated July 8, 2020

Associate Judge James McCluskey