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  PART 10.00  Hearings on Motions (Civil)


10.01 NOTICE & AUTHORITY REQUIRED

Written notice of the presentment or hearing date for all motions shall be served on to all parties who have appeared and have not been found by the court to be in default and to all parties whose time to appear has not expired on the date of notice. Written notice is not required when the court has set the hearing in the presence of a party or counsel.

The title of each motion shall specifically indicate the relief sought. The title of the motion or its introductory paragraph shall also specify the statutory section(s) and subsection(s), section(s) of the Code of Civil Procedure, Supreme Court Rule(s), Local Rule(s), prior court order(s) and/or other legal authority relied upon in support of the relief requested in the motion.   The court may, at its discretion, strike any motion which does not specify the legal authority upon which the motion and its request for relief is based. 

Signed:        10/91
Amended:   10/2012
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10.02 CONTENT OF NOTICE

The notice of hearing shall show the title and number of the action, the name of the assigned judge to whom the motion is to be presented, and the date and time of the hearing. A copy of the motion or a statement that it has previously been served shall be served with the notice.

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10.03 NOTICE OF MOTIONS

Notice of motion is to be served no later than 4:00 p.m. on the second court day before the date of presentment of the motion.  The effective date of service is to be determined as per Supreme Court Rule 12.

(Amended 9/4/2018) 

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10.04 MOTIONS IN FORECLOSURE CASES

A. A party seeking a date for presentment of any motion in a foreclosure case must have on file the motion to be presented.

With specific regard to motions for judgment (e.g., default or summary judgment), a party seeking a presentment date from the Clerk must have the following documents on file with the Circuit Clerk.:

1.  All motions to be noticed for presentment, signed by an attorney as required by Supreme Court Rule 137 (with the name legibly printed, typed, or stamped to identify the signature);

2.  Proof of service on any defendant who is the subject of a motion for default;

3.  Affidavit of Military Service with attached U.S. Department of Defense website printout (current within six (6) months) for any defendant who has not appeared;

4.  Signed affidavit of proving up amounts due;

5.  Affidavit of attorney’s fees and costs (fees sought in excess of $2,500 must be supported by a time and task affidavit); and

6.  Illinois Supreme Court Rule 114 Loss Mitigation Affidavit, if applicable.

Note that all documents are to be filed separately, and not bundled together. (See General Order 9.09). The Clerk is authorized to decide to give a presentment date where the foregoing requirements are not complied with.    

B. Once a hearing date is received from the Circuit Clerk, a Notice of Motion is then to be issued and filed of record as soon as possible, but not later than the deadline specified in Supreme Court Rule 12.

(Amended 10/1/2018) 

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10.04.01 SETTING MOTIONS (BOONE COUNTY)

Contested and uncontested motions may be scheduled by a telephone call (815-544-0371) to the circuit clerk's office. However, no motion will be placed on the trial judge's hearing calendar by the circuit clerk unless said motion and notice of motion has been received by the clerk before 3:00 P.M. two (2) days preceding the proposed hearing date.

(Adopted 10/1991; Revised 7/22/2005)

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10.05 FAILURE TO CALL A MOTION FOR HEARING

The burden of setting a motion for hearing in a civil case is on the party making the motion. If a setting for hearing is not obtained by the moving party within sixty (60) days from the date it is filed, the court may deem the motion withdrawn and deny the relief requested with or without prejudice.

(Adopted 10/1991; Revised 6/14/11)

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10.06 EMERGENCY AND EX PARTE MOTIONS

  1.  Emergency Motions

Emergency motions shall be presented to the judge to whom the case is assigned and shall be heard at such time as that judge may determine. In the absence of the judge to whom the case is assigned, the chief judge, or designee, may assign the case to another judge for hearing. Precedence, so far as possible, shall be given to emergency motions over other judicial business.

2.  Ex Parte Applications

Every complaint or petition which seeks an ex parte order for the appointment of a receiver or for a temporary restraining order shall be filed in the office of the circuit clerk before application to a judge for the order.

(Adopted 10/1991) 

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10.07 TIME LIMIT FOR FILING PRE-TRIAL MOTIONS - 60 DAYS

(a) Except by leave of court and for good cause shown, the following shall be filed with the clerk of the court and presented before the judge to whom the case is assigned on a date not later than sixty (60) days prior to the scheduled trial or arbitration hearing date:

 (1) All dispositive motions except motions arising during the course of the trial or arbitration hearing;

 (2) All other motions which, if granted, would require a postponement of the scheduled trial or arbitration hearing date;

 (c)  Any brief in support of the motion must be served at the same time the motion is filed.

(b) Any motion filed in violation with this order may be stricken at the discretion of the presiding judge.

(c) The provisions of this rule shall not apply top actions for forcible entry and detainer.

(Adopted 10/1991; Revised 6/14/2011)

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