IN THE CIRCUIT COURT OF THE l 8TH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS ) )

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Transcription:

STA TE OF ILLINOIS ) ) SS. COUNTY OF DU PAGE ) IN THE CIRCUIT COURT OF THE l 8TH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS IN THE MA TIER OF MODIFICATIONS AND ADDITIONS TO THE CIRCUIT COURT RULES ) ) Administrative Order No. 18-l S WHEREAS, the Circuit Judges of the 18th Judicial Circuit adopted local Circuit Court Rules on November 16, 2004; and WHEREAS, from time to time the Circuit Judges find it necessary to ratify and codify certain revisions, amendments and additions to said local Circuit Court Rules; and WHEREAS, on June 12, 2018, Circuit Court Rule 5.06 FILING OF EXHIBITS, Circuit Court Rule 5.09 FORMAT OF DOCUMENTS, Circuit Court Rule 35.06 TRIAL OR HEARING DATES IN TRAFFIC DMSION, and Circuit Court Rule 6.05 CONTESTED MOTIONS were amended. IT IS THEREFORE ORDERED that these changes, shown as adopted in Exhibit A attached hereto, were adopted into the local Circuit Court Rules to be effective June 12, 2018. ENTER: b I :>..1 I 1r if'k,,,,; Daniel P. Guerin Chief Judge Dated: JunelJ1W18 Wheaton, Illinois

5.06 FILING OF EXHIBITS (a) Physical items for which a photograph may be substituted may be electronically imaged and e-filed. Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk's Office or in the Courtroom, as directed by order of the court and in conformity with Supreme Court "Electronic Filing Standards and Principles". The Motion and Notice of Motion for permission to file any of these physical items may be done electronically. (b} Electronically filed exhibits may be filed with their associated document in the same PDF as long as size limits allow for it. Any exhibits that are filed independent of their associated document must use the DuPage Exhibit Cover Sheet, Form 4393.

-- EXllll31T COVER SIIEET STATE OF ILLINOIS UNITED STATES OF AMERICA IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT 4393 (Rev 6/18) COUNTY OF DU PAGE v. Plaintiff, Case Number Defendant, EXHIBIT COVER SHEET File Stamp Herc EXHIBIT NAME: TITLE OF DOCUMENT THIS EXHIBIT BELONGS WITH: Document File Date: (The file date of the document this exhibit belongs with) EXHIBIT FILED ON BEHALF OF: (Case Party Name) Name: O Pro Se DuPage Attorney Number: Attorney for: Address: -- City/State/Zip: --- Telephone Number: -- Email: CHRIS KACHIROUBAS, CLERK OF THE 18TH JUDICIAL CIRCUIT COURT WHEATON. ILLINOIS 60187-0707

5.09 FORMAT OF DOCUMENTS (a) All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings. Additionally, each electronically filed pleading and document shall include the case title, case number and the nature of the filing. (b) Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro se party filing such document. Attorneys shall include their DuPage County Attorney Number on all documents. (c) Documents must be converted to PDF directly from the program creating the document, rather than from the scanned image of a paper document. Documents only in paper format may be scanned and converted to PDF for electronic filing: In the event that proposed orders are submitted in a case, the PDF of the proposed order must be generated directly from a word processing program. (d) In as much as technology changes, the maximum file size allowable is available in the vendo s user manual. If a document exceeds the maximum size allowed, the filer will file multiple documents, each under the maximum file size. In such case, the user will be responsible for dividing the document into appropriately sized parts and placing a cover page on each document providing the case number, case title, and part number (i.e. 1 of 4, 2 of 4, etc... ). Exhibits filed separate from their associated document must use the exhibit cover sheet defined in rule 5.06(b). (e) Any electronically filed document must be unalterable (such as sealed PDF), and be able to be printed with the same contents and formats as if printed from its authoring program. The e-filing vendor is required to make each electronically filed document that is not infected by a virus available for transmission to the Clerk immediately after successful receipt and virus checking of the document. (f) Bulk filings of multiple cases or multiple documents combined into one PDF document shall not be accepted. Documents with different case numbers must be filed individually in separate transactions. Filing of individual documents within a case should be accepted in a single electronic filing transaction. (g) Documents not complying with the format specified by the applicable statute, or local rule, or standards may be rejected. (h) Electronic documents containing links to material either within the filed document or external to the filed document are for convenience purposes only. The external material behind the link is not considered part of the filing or the basic record. 35.06 TRIAL OR HEARING DATES IN TRAFFIC DIVISION (a) Before a trial date is set in a Traffic Division court for a CM case, or cases companion to a CM case, the Court shall determine whether the case will be a jury or bench trial. (b) All hearing or trial dates set in Traffic Division courts, including those set for hearing under paragraph (e), shall be on the arresting officer's assigned court dates as designated on that officer's department's traffic court data sheets. The arresting officer in a traffic or ordinance case shall appear ready for trial on the first court date set, as provided in Supreme Court Rule 504. (c) Except as provided in paragraph (d), the trial provisions of Supreme Court Rule 505 shall be inapplicable in the Circuit Court for the 18th Judicial Circuit, inasmuch as the ticket-writing agencies in DuPage County were exempted from the requirements of Supreme Court Rule 505 by unanimous vote of the Conference of Chief Circuit Judges on November 18, 1977. (d) Paragraphs (b} and (c) shall not apply to cases in which the arresting officer was a trooper of the Department of State Police, unless the defendant has complied with Supreme Court Rule 505. (e) Setting trial or hearing dates in the Traffic Division: (1) Electronic citations immediately issue a court date, denoted on the printed ticket. When a hand-written citation is issued, the police officer shall not issue a court date at the time of arrest. At the time of arrest, the officer shall affix to

the defendant's copy of the ticket a preprinted slicker and indicate thereon whether the defendant may pay a fine by mail or must appear in court. For hand-written citations, the officer will advise the defendant they will receive a notice from the Clerk of Court advising the defendant of the officer's court date. For electronic citations, the officer will advise the defendant no court date notice will be sent, since the court date is printed on the citation. The Clerk of Court shall supply sufficient quantities of the aforesaid preprinted stickers to each police department. If the officer indicates on the ticket that the defendant may pay a fine by mail, the police officer shall also inform the defendant that the defendant has fifteen (15) days in which to pay the statutory penalty, either by mail or in person. This shall be accomplished by providing the defendant with an envelope with complete instructions imprinted. If the defendant fails to satisfy the ticket within the prescribed period, it shall be assumed that the defendant wishes to appear in court and for hand-written citations, the next available court date for the particular shall be assigned by the Clerk from the predetermined schedule. A given number of cases shall be scheduled for each session, and when that session is full, the next session date will be used, and so on. When these are scheduled, notice shall be sent to the defendant and the officer of the date, time and location of the trial so that the trial can proceed on the assigned date. (2) Serious traffic violations, those which require an appearance under Supreme Court Rule 551, shall be handled in the same manner described above (35.06.e.(1)}, except that the defendant shall not be given the option to pay. For hand-written citations, the arraignment date shall be assigned by the Clerk immediately.upon receipt, and notices sent. 6.05 CONTESTED MOTIONS ----------- (a} For purposes of Rule 6.05, any motion which is opposed is a contested motion and will be heard at a lime designated by the Court. (b) Every motion, and each basis in the motion, brought pursuant to the Code of Civil Procedure or Supreme Court Rule shall be identified by the Code of Civil Procedure section and/or the Supreme Court Rule number under which it is brought. (c) For every contested motion there shall be delivered to the chambers of the assigned judge, by the movant, not less than seven (7) court days prior to the hearing a copy of: (1) The motion; response, reply. (2) Any pleadings involved in the motion, i.e. any pleading to which the court may need to refer in ruling on the motion. (3) Any writing in support of or in opposition to the motion. (4) All citations shall be in conformity with Supreme Court Rule 6. (d) No Motion or writing in support of or in opposition to a motion shall exceed ten (10) pages in total length (excluding supporting documents) without prior leave of Court. All grounds attacking a pleading or paper shall be contained in a single motion and shall be subject to the foregoing page limits. (amended eff. 7/17/13) Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion. All documents submitted shall be double spaced and shall contain margins of at least one (1) inch at the top, bottom and each side. Type shall be no less than twelve (12) GharaGters per iagh. 12 point or larger. All citations shall be in conformity with Supreme Court Rule 6. Failure to comply with Rule 6.05 shall be sufficient grounds for the Court's refusal to consider the offending document.