IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION STANDING ORDER ASSIGNMENT ROOM - ROOM 2005 JUDGE JAMES P.

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1 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - LAW DIVISION Courtroom Clerk - Gene - (312) Phyllis - (312) STANDING ORDER ASSIGNMENT ROOM - ROOM 2005 JUDGE JAMES P. FLANNERY, JR Law Clerks - Michael J. Bradtke - (312) michael.bradtke@cookcountyil.gov Diamond Smith - (312) diamond.smith@cookcountyil.gov Court Calls in Courtroom 2005 I. ASSIGNMENT CALL (10:00, Monday-Friday) Prove-up Call Trial Assignment Call Trial Setting Call II. REGULAR MOTION CALL, M1 Call (10:30, Monday-Friday) A. Cases on Law Division Master Calendar only Motion to set trial, advance for trial, for immediate trial, or continue trial Motion to vacate Dismissals for Want of Prosecution entered in Courtrooms 2005 or 2006 Motion to withdraw as attorney, for cases certified for trial Motion to adjudicate liens for cases dismissed in Courtroom 2005 Motion to enforce settlements of cases dismissed in Courtroom 2005 Motion affecting final judgments entered by judges no longer in the Law Division B. All Law Division Cases Motion to consolidate and/or transfer as related cases pending in the Law Division pursuant to General Orders No and 22.3 o A motion to consolidate should include the following information: (1) each case number; (2) where each case is pending and the Judge each case is before; and (3) all upcoming dates o Please attach as exhibits the most-recent complaints in each case you are seeking to consolidate or transfer Motion to remove from stay calendars Motion to transfer Law Division case that is certified for trial to another division or district Motion to reassign a case within the Law Division Motion to Satisfy Judgment entered by a judge no longer in the Law Division 1

2 Motion to Distribute Funds upon reaching age of majority or removal of disability NOTE: Motions regarding case management, discovery matters or dispositive motions are NOT heard in courtroom They are heard by the assigned motion judge. C. Cases from other Divisions Motions to consolidate pursuant to General Order No (Cases in different divisions) o Motions should include: (1) each case number; (2) where each case is pending/the Judge the case is before; (3) the calendar where the case is pending; and (4) all upcoming dates o Please attach as exhibits the most-recent complaints in each case you are seeking to consolidate or transfer o Because there is no way through e-filing (currently) to schedule two cases from different divisions in front of Judge Flannery, these motions need to be scheduled at the Motion desk in 801 if one of the cases is not a law division case. o Movants should still e-file the motion to consolidate in the earliest-filed case, but should not select a date before that judge because the motion is properly before Judge Flannery. Motions for assignment or reassignment of related cases pending in different departments of the Circuit Court or different divisions of the County Department pursuant to General Order No D. Procedure for Scheduling Motions E-filing is now mandatory in the Circuit Court of Cook County. Regular motions are to be scheduled on the M1 motion call for 10:30AM To file your motion electronically, go to the Clerk of the Court website at: Courtesy copies of scheduled motions must be left in the basket at the front of Room 2003 at least three days prior to the hearing III. TRANSFER-IN CALL (10:30, Wednesday) Cases that are transferred to the Law Division from other divisions or districts Cases that are returned from the Appellate Court or Supreme Court Cases remanded from Federal Court IV. EMERGENCY MOTION CALL (11:00, Monday-Friday) Section II (above) motions may be heard on an emergency basis, depending on the circumstances. 2

3 Procedure for Scheduling Emergency Motions: Emergency motions must be entered on the sign-up sheet outside Courtroom 2005 on the day the motion is to be heard between 10:00 and 10:30AM. A courtesy copy of the motion should be given to the Law Clerk in Room 2003 immediately after sign-up. V. ROUTINE MOTIONS (11:00-11:45, Monday-Friday) Supreme Court Rule 298 fee waiver petitions (See Section A below) Pre-suit Appointment of Special Administrator (See Section B below) Pre-suit motions to file under seal or with a fictitious name (See Section C below) Procedure for Routine Motions: Routine motions are delivered to Judge Flannery s Law Clerk in Room Notice should be given as required. A. Requirements for Fee Waiver Petitions Petitions for waiver of court fees will be handled pursuant to Cook County General Administrative Order Applicants must electronically file all required documents or obtain an e-filing waiver before presenting their petitions. Applicants may file using a kiosk in Room 801, or may file elsewhere using the e-filing system. The Applicant will have 14 days from the date of filing in which to present their fee waiver petition. Applicants must bring proof the documents have been e-filed. Fee waiver petitions will be processed daily between 11:00AM and 12:00PM in Courtroom Procedure: Bring copies of your: (1) principal document [e.g., complaint, appearance, answer, or responsive pleading] with an e-file stamp; and (2) fee waiver petition with an e-file stamp. If approved, Applicants must bring their signed Order waiving fees to Room 801. The Clerk will process the Order and the conditional filing will be converted into a permanent filing. If denied, Applicants have 14 days to pay the fee required for filing. B. Requirements for Appointment of Special Administrator The Court accepts pre-suit petitions to appoint a special administrator to prosecute Wrongful Death actions on behalf of the deceased individual s next-of-kin. A special administrator can prosecute only wrongful death actions. Complaints alleging any other causes of action, including survival actions, must go to the Probate Division for the appointment of an appropriate representative. Survival Act counts, Nursing Home Care Act counts, and any other count that could have been brought by the decedent are assets of the decedent s estate. An estate must be opened in Probate Court for these cases. Attorneys must go to Judge Coghlan, Presiding Judge of the Probate Division, in Courtroom 1803 to open the estate. 3

4 Procedure: Bring copies of the following documents to Courtroom 2005: (1) petition to appoint a special administrator; (2) proposed complaint; and (3) at least 3 copies of the proposed order appointing the special administrator. If approved, Petitioners shall file their complaint and petition electronically. A copy of the signed order appointing the special administrator must be attached as an exhibit to the complaint. A handout listing required documents is available online and in chambers. C. Requirements to File Under Seal or With a Fictitious Name The Court accepts pre-suit motions to file under seal, file with redactions, or to file with a fictitious name. Procedure: Bring the following documents to Courtroom 2005: (1) Motion; (2) Proposed 3 copies of the Order; (3) Proposed Complaint; and (4) Unredacted Complaint in a manilla envelope. If approved, the case must be efiled with a copy of the Order as an exhibit to the complaint. A handout with a sample order is available online or in Chambers. If approved, Movants will be walked to the County Clerk s office in Room 801 to complete the appropriate electronic filing. VI. MISCELLANEOUS A. Agreed Orders Agreed Orders, as below, can be dropped off in room 2005 for later pick-up in room 2003 Agreed Orders for Pre-Trials before a particular judge Agreed Orders for Dismissal of cases that have been certified for trial Distribution Orders for cases approved for settlement in Courtroom 2005 Agreed Orders for Satisfaction and Release of Judgment when the Judge who entered the original order is no longer sitting in the Law Division B. Briefing Schedules For a motion that is contested, Judge Flannery may order the parties to enter a briefing schedule and set a hearing date. Procedure: Parties agree to a briefing schedule. Hearing dates and courtesy copy due dates are given in 2005 Chambers. Courtesy copies of parties briefs are due in Room 2005 no less than 14 days prior to the hearing date. Failure to submit courtesy copies on the scheduled date may result in your hearing being stricken. All courtesy copies must be hard copy. C. Withdrawing a Motion i. To withdraw a motion scheduled on the M1 Call, please contact (312) Note: The Motion will not be stricken from the call until the day it is scheduled to be heard. 4

5 ii. To withdraw a contested motion with a briefing schedule, the Court requires an order striking the motion. Orders striking hearing dates can be dropped off or faxed to (312) D. Settlement and Distribution Petitions Petitions to approve settlement and distribution in Wrongful Death, Survival Actions, and certain personal injury cases can be heard by either Judge Flannery or the judge to which the case was assigned. Procedure: Settlement petitions do not have to be noticed up and can be delivered to Chambers at any time. Review the joint memorandum of Final Procedures Concerning Settlement of Minors and Disabled Persons Personal Injury Cases and Wrongful Death Cases for guidance. The joint memorandum can be found on the Circuit Court website and is also available in chambers. E. Asbestos Cases (Calendar J1) Motion Call: Every other Tuesday at 2:00 PM in Courtroom The Honorable Judge Clare McWilliams presides over this specialized call, Calendar J1. Courtesy copies are due to Room days prior to the scheduled hearing date Emergency Motion Procedure (asbestos docket only): To sign up an emergency motion, call Judge McWilliams Chambers at and schedule the motion with her Law Clerk. Courtesy copies are to be provided to Courtroom 2310 For asbestos procedures, see the Case Management Order, available on the Chief Judge s website at: o ivision/asbestoslitigation.aspx For any other asbestos-related questions, contact Judge McWilliams Law Clerk, Micha Reeves, at (312) F. Circuit Court of Cook County Website The Circuit Court of Cook County website at contains information about the circuit court and every division. It contains rules and orders for the Law Division, as well as information about Law Division judges and their court calls. Updated: January 11,