CIRCUIT COURT OF COOK COUNTY DOMESTIC RELATIONS DIVISION CALENDAR 98, COURTROOM 3001 CHICAGO, IL (312)

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1 CIRCUIT COURT OF COOK COUNTY DOMESTIC RELATIONS DIVISION CALENDAR 98, COURTROOM 3001 CHICAGO, IL ( ASSOCIATE JUDGE JAMES KAPLAN STANDING ORDER No. 1 Amended September 25, GENERAL 2 STRUCTURE OF DAILY CALL 3 COURTESY COPY RULE 4 CHECK IN WITH CLERK 5 COURT REPORTERS 6 INTERPRETERS 7 ROUTINE MOTIONS 8 EMERGENCY MOTIONS 9 AGREED ORDERS 10 STEPPING UP WHEN YOUR CASE IS CALLED 11 PROVE-UPS 12 POSTCARD PROGRESS CALL 13 CONTESTED MOTIONS 14 PRETRIALS AND CASE MANAGEMENT CONFERENCES 15 TRIALS AND LONGER HEARINGS 1. GENERAL This order is intended to explain the general courtroom procedures for cases assigned to Calendar 98. This Court reserves the right to modify the procedures when necessary and appropriate. 2. STRUCTURE OF DAILY CALL 8:45 am...pre-trials 10:30 am..short Hearings, State Cases, Status Reports, 9:30 am New Motions, Case Management Conferences 2:00 pm.. Longer Hearings and Trials 2:05 pm Wednesdays. Postcard Progress Call 11:30 am.emergency Motions 1

2 3. COURTESY COPY RULE Unless otherwise ordered by the Court, courtesy copies of any documents or filings shall be delivered to the Court at least 7 days in advance. Failure to meet the courtesy copy rule may cause the Court to strike and reset a matter on the call. 4. CHECK IN WITH CLERK Upon arrival in the courtroom, please check-in with the Clerk so that your matter may be called when both parties arrive. If you need an interpreter, please advise the Clerk when you check in. 5. COURT REPORTERS Generally, Calendar 98 does not have a court reporter. If a party requires a court reporter, it is generally the responsibility of the party to provide the court reporter. 6. INTERPRETERS The Circuit Court of Cook County has Spanish and Polish language interpreters on site. However there are very few interpreters covering many courtrooms. Thus, it is advisable that, where possible, litigants bring someone with them that can assist them with court interpretation. For languages other than Spanish and Polish, the Circuit Court of Cook County will arrange for interpreters; however, a request must be made in advance. Please contact the Interpreter s Service at at least two weeks in advance if an interpreter s services are needed. If there is a language other than Spanish or Polish, you may fill out the Office of the Interpreter Request for Interpreter form. 7. ROUTINE MOTIONS Motions for appointment of special process servers, for approval of notice by publication, and applications to sue or defend as an indigent person may be presented to the court any morning the Court is in session. While these motions may also be brought in the afternoon, the Court will not necessarily break from trials or hearings to handle these matters. 8. EMERGENCY MOTIONS Emergency motions shall be noticed for 11:30 a.m. A courtesy copy of the emergency motion must be provided to the Clerk upon check-in if not previously provided. 9. AGREED ORDERS Agreed orders, whether scheduled on the Court s daily call, or heard as add-ons to the call, generally will be heard between 9:30 a.m. and 10:30 a.m. While agreed orders may be considered at other times, the Court will not necessarily break from a hearing or a pretrial to 2

3 hear agreed orders brought to the Court later than 10:30 a.m. Please check in with the Clerk and advise her/him that you have an agreed order. This Court does not have an agreed order line; your case will be called by name and call number as soon as practicable. Agreed orders must be captioned as agreed. 10. STEPPING UP WHEN YOUR CASE IS CALLED When your case is called, please step up before the judge and introduce yourself by name, even if you have been before the judge previously. If you are presenting a motion, please have your motion, notice of motion, and court documents ready to hand to the judge. 11. PROVE-UPS Unless a prove-up is scheduled by the Court, an uncontested or default prove-up must be scheduled on the Court s docket by the Clerk of the Court of Cook County in Room 802. When you check in with the clerk, please provide her with the required prove-up documents, including a court reporter sheet if relevant, and advise her/him whether your matter is a default or an uncontested matter. Default prove-ups may be reassigned if the Court does not have a court reporter assigned for the day. For cases involving children, please be prepared to advise the Court whether the parties have completed Focus on Children. If the parties have not completed Focus on Children, they will be required to attend after the prove-up. 12. POSTCARD PROGRESS CALL Cases are automatically assigned to the Wednesday 2:05 p.m. postcard progress call by the Clerk of the Court. When a matter is heard for the first time on the Court s progress call, an attorney or party with knowledge of the case is expected to attend, and advise the Court of the progress of the case. If the parties have children, Focus on Children will be ordered if not previously ordered. If a case does not have any future dates after the progress call date, the failure of at least one party to appear will result in the case being dismissed for want of prosecution. 13. CONTESTED MOTIONS Contested Motions shall be scheduled for first presentment with the Clerk of the Circuit Court of Cook County via e-filing unless otherwise ordered by the Court. The Clerk of the Circuit Court has approximately 15 motion slots per day for this calendar. It is suggested that a file stamped courtesy copy of the new motion and the notice of motion be delivered prior to initial presentment, with notice to the opposing party. If a courtesy copy is not delivered prior to initial presentment, the Motion and Notice of Motion must be tendered to the Court upon presentment. 3

4 The Court will set a briefing schedule and hearing date. Simple motions may be heard on the date of presentment, at the Court s discretion, if not opposed. For ease of scheduling hearings, please be prepared to advise the Court as to the amount of time it will take to present and hear your matter. The Court on a case by case basis may require you to complete a Hearing Order or Supplemental Case Management/Trial Order for Calendar 98 (attached as exhibit A. Hearing dates are firm. The Court will consider agreed oral motions to continue a hearing if brought at least two weeks before the hearing date. Within two weeks of a hearing date, the Court will not consider oral motions to continue a matter even if agreed, and a written motion for good cause shown will be required to continue a matter. 14. PRETRIALS/CASE MANAGEMENT CONFERENCES The Court will schedule its own pretrials and case management conferences. When requesting a pretrial, please be prepared to advise the Court as to the amount of time you believe you will need for the pretrial, whether you would like the parties to be present or available by telephone, and whether you will request the Court waive the requirement of pretrial memoranda. The Court will require the parties to complete a pretrial/case management scheduling order for Calendar 98 (attached as exhibit B. A date for presentment of pretrial memoranda will be scheduled for all pretrials requiring memoranda. Failure of either party to present a memorandum may result in the pretrial being stricken. If pretrial memoranda are waived by the Court, the Court routinely will require the parties to provide courtesy copies of the relevant pleadings and Disclosure Statements of the parties. Failure of the parties to provide the courtesy copies 7 days in advance, or as otherwise ordered by the Court, may result in your matter being stricken from the call. Case Management Conferences are scheduled by Court Order. Failure of the parties to provide courtesy copies of requested pleadings 7 days in advance or as otherwise ordered by the Court, may result in your matter being stricken from the call. Primary counsels or counsels familiar with the case are expected to attend. 15. TRIALS AND LONGER EVIDENTIARY HEARINGS Generally, trials and longer evidentiary hearings will be scheduled for half days beginning at 2 p.m. The Court will schedule its own trials and longer evidentiary hearings. Trial dates are firm. The Court will not consider agreed motions to continue trials once scheduled except on written motion with good cause shown. When scheduling a trial or longer matter, please be prepared to provide the Court with a realistic assessment of how long the matter will take to try. The Court will require the parties to complete a trial order for Calendar 98 (attached as exhibit A. Unless specifically addressed 4

5 in the trial order, nothing in the trial order shall be construed to waive any discovery obligations or time limits in the Illinois Supreme Court Rules. ENTER: 5

6 EXHIBIT A IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION IN RE: THE MARRIAGE [] CUSTODY [] SUPPORT [] OF: NO. PETITIONER CALENDAR: 98 RESPONDENT SUPPLEMENTAL CASE MANAGEMENT ORDER TRIAL ORDER This cause coming on to be heard for trial, all parties having notice and the court being advised in the premises, IT IS HEREBY ORDERED: 1. That all issues, including contribution to attorneys fees, will be heard at trial of this cause. 2. This case is set for trial on: at, in Courtroom 3001, Calendar 98, Richard J. Daley Center, Chicago, IL. 3. Counsels/parties shall exchange the following by : a updated asset disclosures b witness lists in conformance with Illinois Supreme Court Rule 213 6

7 c updated discovery d all exhibits e all motions in limine The exchange date above in this trial order shall by agreement / shall not be construed to waive any discovery obligations or time limits in the Illinois Supreme Court Rules, including Supreme Court Rules 213, and Contribution to attorneys fees will be taken with the case in chief by agreement. Parties requesting contribution to attorneys fees shall file petitions by. Responses are due by. Replies are due by. The failure of a party to duly file and serve fee petition(s as provided above shall be deemed a waiver of contribution. 5. That on the day of trial counsels/parties shall present to the court courtesy copies of the following: a updated asset disclosures b final witness list c written stipulations d exhibit list, marked exhibits and stipulated exhibits e petition(s for contribution for attorney s fees. Each party shall be required to provide opposing counsel with copies of marked exhibits offered into evidence. 6. Witnesses not identified on the witness list shall be barred. 7

8 7. If an official court reporter is unavailable, the parties may provide a court reporter at their own expense. ENTERED: JUDGE JUDGE S NO. Atty. No. Name: Attorney for: Address: City, State, Zip: Telephone: DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 8

9 EXHBIT B IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION IN RE THE MARRIAGE OF Petitioner, No. and Respondent. Cal. 98 ORDER SETTING PRETRIAL or CASE MANAGEMENT CONFERENCE This cause being properly before this Court, on motion of: Petitioner Respondent Agreement of Counsel Order of Court IT IS HEREBY ORDERED, that this Case is set for: Pre-trial conference on,, at.m Pretrial memoranda to be exchanged by the parties. A status will be held on, at 9:30am for the parties to appear and exchange memoranda and tender courtesy copies to the Court. Failure to tender by either party may result in the pretrial being stricken by the Court ; or Court waives submission of pretrial memoranda, but courtesy copies of the parties 13.3 Affidavits and relevant pleadings must be provided to the Court at least seven days before the pretrial. Failure to tender courtesy copies by either side may result in the pretrial being stricken by the Court. All parties to appear personally on stated date or time, or Parties may appear in person or be available by telephone for consultation with counsel Case Management Conference on,, at.m The following documents must be presented to the Court at least seven days before the conference:. The Court will not consider an agreed order to continue a pretrial or case management conference, unless the agreed order is presented at least two weeks prior to the date of the scheduled conference. After that, a continuance will only be considered on a written motion for a continuance for good cause shown, pursuant to Illinois Supreme Court Rule 183. Failure to tender courtesy copies to the Court may result in the matter being continued. Dated: ENTER: Atty No: Name: Atty for: Address: Judge Judges No. City/State/Zip: 9