IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOMESTIC RELATIONS DIVISION STANDING ORDER

Transcription

1 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOMESTIC RELATIONS DIVISION Parentage and Child Support Court Daley Center, 50 W. Washington CL24, Chicago, IL Calendars 88, 89, 94, 95, 97, 98 and 99 STANDING ORDER This order is intended to explain the general courtroom procedures for cases assigned to the Expedited Child Support Court. Each Calendar reserves the right to modify the procedures when necessary and appropriate. In the event of inconsistencies, the order entered in the particular case governs. Filing with the Clerk of the Circuit Court Filings in cases in this court must be made at the Clerk of the Circuit Court s office at 28 North Clark Street, Room 200, Chicago, IL. The hours are 8:30 a.m. to 4:30 p.m. Attorneys Attorneys will not be permitted to address the Court unless there is an appearance on file. Scheduled Hearings Individual judges may have their own scheduling priorities. Courtesy Copies Unless otherwise ordered, 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. Check in with the Clerk Upon arrival in the courtroom, please check in with the Clerk so that your matter may be called when both parties arrive. Please advise the Clerk at that time if you need the services of an interpreter. 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. Agreed Orders Page 1 of 7

2 Agreed orders, whether scheduled on the Court s daily call, or brought in to be heard as add-ons, may be brought in at any time between 9:30 and 11:30 a.m. Please check in with the Clerk and advise him/her that you have an agreed order. Your case will be called by name as soon as practicable. Agreed orders must clearly indicate Agreed Order. Court Reporters The courtrooms do not have court reporters. If one is desired, it is the responsibility of the parties to provide one. Contested Motions Contested motions shall be scheduled with the Clerk of the Circuit Court of Cook County, and there are a limited number of slots available for each day. It is suggested that a filed stamped courtesy copy of the new motion and the notice of motion be delivered to the Court prior to initial presentment, and if not so delivered, that a copy be tendered to the Court upon presentment. Each courtroom will set its own briefing schedule and hearing date. For ease of scheduling, please be prepared to advise the Court as to the amount of time it will take to present and hear your matter. Hearing dates are firm. The Court will considered 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. If your continuance involves a time setting other than on the regular morning call, be sure the individual Judge is aware of the change and removes it from his/her special setting calendar. Be sure all orders entered reflect the date and time being stricken as well as the new date. Emergency Motions Every emergency motion must contain an affidavit stating the basis for the movant s claim of an emergency. To be heard, the motion must be a true emergency; that is, it must involve some circumstance which would lead to irreparable damage to a party if relief is not obtained without notice to the other party and an opportunity to be heard. Any application that does not fit this criterion will not be heard as an emergency matter. Matters which become an emergency by reason of the failure of a party to seek timely relief will not be heard as emergencies. Pretrials and Case Management Conferences Each courtroom will set its own pretrials and case management conferences. When requesting a pretrial or case management conference, please be prepared to advise the Court as to the amount of time you believe you will need, whether you would like the parties to be present or available by telephone, and whether you will request the Court to waive a pretrial or case management memorandum. Page 2 of 7

3 A date for presentment of pretrial or case management memoranda will be scheduled. Failure of either party to present a memorandum may result in the pretrial or case management conference being stricken. If 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. A form of Pretrial Conference Order is attached as Exhibit A. A form of case management order may be found on the website of the Clerk of the Circuit Court of Cook County as CCDR Each individual judge may have other forms of order, but these forms are to be used unless the judge otherwise requires. Trials and Longer Evidentiary Hearings Generally, trials and longer evidentiary hearings will be scheduled for half days beginning at 2 p.m. Each judge will schedule their own trials and longer evidentiary hearings at 2 p.m. or such other time as the Court may have available. Trial and hearing dates are firm. The Court will not consider agreed motions to continue trials or hearings once scheduled except on written notice 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, a form of which is attached as Exhibit B. Entered: Judge # DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Page 3 of 7

4 EXHIBIT A IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION, Petitioner, v. Case No., Calendar Respondent. 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: ( ) Pretrial conference on,, at m. ( ) Pretrial memoranda to be exchanged by the parties by, with courtesy copies provided to the Court at least five business days before the pretrial, or no later than Friday of the week before pretrial; or ( ) Court waives submission of pretrial memoranda, but courtesy copies of the parties Disclosure Statements and relevant pleadings must be provided to the Court at least five business days before the pretrial, or no later than Friday of the week before pretrial. ( ) All parties to appear personally on stated date and 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 five business days before the conference or no later than Friday of the week before the conference: Page 4 of 7

5 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 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 stricken from the call. Dated: Atty No.: Name: Atty for: Address: City/State/Zip: Telephone: Entered: Judge # Page 5 of 7

6 EXHIBIT B IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION, Petitioner, v. Case No., Calendar Respondent. TRIAL CASE MANAGEMENT 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 of attorneys fees, will be heard at the trial of this cause. 2. This case is set for trial on,, at 2 p.m. in courtroom, Calendar, the Daley Center, 50 W. Washington, Chicago, IL Counsel/parties shall exchange the following by. a) updated financial disclosures b) witness lists c) updated discovery d) all exhibits e) all motions in limine f) any memoranda or case authorities the necessity of which is anticipated 4. That on the day of trial, counsel/parties shall present to the court courtesy copies of the following: Page 6 of 7

7 a) updated financial disclosures b) witness lists c) written stipulations d) stipulated exhibits e) petition(s) for contribution for attorney s fees Each party is required to provide opposing parties with copies of marked exhibits offered into evidence. 5. Failure to submit duly filed and served fee petition(s) on day of trial shall be deemed a waiver of contribution. 6. Witnesses not identified on the witness list shall be barred. 7. If the parties wish a court reporter, they may provide one at their expense. Dated: Atty No.: Name: Atty for: Address: City/State/Zip: Telephone: Entered: Judge # Page 7 of 7