Illinois Circuit Court of Cook County

16.0 [Deleted October 27, 1986]

mcarroll — Mon, 14 Nov 2011 17:18:00 GMT

PART 16. SUPPORT DIVISION [Deleted October 27, 1986]

0.7 Affidavit of Ethical Compliance

DMaguire — Mon, 31 Oct 2011 16:57:00 GMT

[Deleted July 27, 1988, effective August 5, 1988.]

0.6 Associate Judges: Appointment, Terms of Service

DMaguire — Mon, 31 Oct 2011 16:56:00 GMT

The Circuit Judges of the Circuit Court of Cook County shall appoint associate judges pursuant to Article VI, Sections 8 and 10, Constitution of Illinois, 1970 and Rule 39, Rules of the Supreme Court, as amended. Such associate judges shall reside in Cook County, and shall be appointed on a non-partisan merit basis. Only a person licensed to practice law in Illinois and in good standing shall be eligible for the office of associate judge. All appointees shall be persons of good moral character and reputation, and shall have been actively engaged in the practice of law for at least six years immediately preceding their appointment.

[Adopted May 17, 1976, effective July 1, 1976.]

0.5 Soliciting and Loitering Prohibited

DMaguire — Mon, 31 Oct 2011 16:55:00 GMT

(a) Solicitation of business relating to bail bonds or to employment as counsel in the courthouses is prohibited.

(b) Loitering in or about the rooms or corridors of the courthouses is prohibited. Unapproved group congregating or the causing of a disturbance or nuisance in the courthouses of the Circuit Court of Cook County is prohibited. Picketing or parading outside of the building housing the Court within the immediate proximity of the Court is prohibited only when such picketing or parading obstruct or impede the orderly administration of justice.

(c) The Sheriff of Cook County, his deputies, and the Custodian of the courthouses shall enforce this rule, either by ejecting violators from the courthouses or by causing them to appear before one of the judges of this court for a hearing and for imposition of such punishment as the court may deem proper.

[Adopted May 17, 1976, effective July 1, 1976.]

0.4 Jurors: Terms of Service, Assembly and Excuse

DMaguire — Mon, 31 Oct 2011 16:54:00 GMT

(a) Grand Jurors. The Chief Judge or his designate shall certify to the Clerk of the Court the number of grand jurors required each month. Persons summoned for service as grand jurors shall be called for the first Monday of each month (or if the first Monday be a holiday, then the next business day of this Court) and shall serve for a period of one month and until the impaneling of the next regular Grand Jury of the following month. The court, on its own motion or on petition of the State's Attorney or the foreman and 11 other grand jurors, may for good cause extend the term of any Grand Jury from time to time for successive periods of not more than 30 days each. No such Grand Jury shall serve in excess of 18 months and not more than six Grand Juries shall sit at the same time.

(b) Petit jurors. The Chief Judge or his designate shall certify to the Clerk of the Court the number of petit jurors required each month. Persons summoned for service as petit jurors shall be called for each day of each week and shall serve for one day unless during that day they are impaneled as jurors in a trial. In the event of such impanelment, the person so impaneled shall serve for the length of the trial and then be excused. Any judge or associate judge may extend the term of any petit jury or jurors from time to time as justice may require.

(c) The following Parts of the County of Cook for the purpose of drawing electors for jury service are determined to be most favorable to an impartial trial while not incurring unnecessary expense nor unduly burdening the citizens of Cook County with jury service:

1. Part I the entire County

2. Part II Zip Code areas:

60004 60005 60007 60008 60010 60015 60016 60018 60022 60025 60029 60043 60053 60056 60062 60067 60068 60070 60076 60077 60090 60091 60093 60103 60104 60106 60120 60130 60131 60153 60160 60161 60162 60163 60164 60165 60171 60172 60176 60194 60195 60201 60202 60203 60204 60301 60302 60303 60304 60305 60601 60605 60606 60607 60610 60611 60612 60613 60614 60618 60622 60624 60625 60626 60630 60631 60634 60635 60639 60640 60641 60644 60645 60646 60647 60648 60651 60656 60659 60660

3. Part III Zip Code areas:

60402 60406 60409 60411 60415 60419 60422 60425 60426 60429 60430 60438 60439 60443 60445 60452 60453 60454 60455 60456 60457 60458 60459 60461 60462 60463 60464 60465 60466 60469 60471 60473 60475 60476 60477 60480 60482 60501 60513 60521 60525 60534 60546 60558 60608 60609 60615 60616 60617 60619 60620 60621 60623 60627 60628 60629 60632 60633 60636 60637 60638 60642 60643 60649 60650 60652 60653 60655 60658.

(d) Electors shall be summoned to jury service to a facility within that Part of the County from which their names were drawn. The Chief Judge shall by order fix places for appearance in response to summons for jury duty and for the assembly of jurors consistent with (c) above.

(e) Excuse. The Chief Judge or his designate shall have charge of excusing jurors from jury service, impaneling them, regulating their assignment to the various judges, and supervising the recording of their services.

[Amended January 10, 1990, effective January 16, 1990.]

0.3.1 Clerk of Court

DMaguire — Mon, 31 Oct 2011 16:52:00 GMT

(a) The Clerk of the Circuit Court of Cook County shall perform the duties usually performed by the Clerk as provided in "An Act to revise the law in relation to clerks of courts," Chapter 25, Illinois Revised Statutes. He shall maintain his principal office at Room 1001, Richard J. Daley Center, Chicago, Illinois, and shall also maintain an office in each division of the County Department and in each District of the Municipal Department.

(b) Hours of the offices of the Clerk of the Circuit Court of Cook County. Effective April 23, 2001, each office of the Clerk of the Court for the County Department, except as otherwise provided, located at the Richard J. Daley Center, Chicago, Illinois, and each office of the Clerk of the Court for Districts One through Six of the Municipal Department and the office of the Clerk of the Court for the Criminal Division shall be open for the transaction of business from 8:30 o’clock a.m., to 4:30 o’clock p.m., of each working day. The free filing kiosk operated by the Clerk of the Court and located in the Richard J. Daley Center, Chicago, Illinois, shall be open for the transaction of business from 8:00 o’clock a.m., to 5:00 o’clock p.m., of each working day.

On Saturday, July 3, 1976, and each Saturday thereafter, all offices of the Clerk of the Court located in the Richard J. Daley Center, Chicago, Illinois, shall be closed. The time for filing all motions, pleadings and suits is extended to the next business day of this court.

On Saturday, February 4, 1978, and each Saturday thereafter, the Clerk of the Court shall not accept civil filings for Districts Two through Six of the Municipal Department. The time for filing all motions, pleadings and suits in civil matters is extended to the next business day of this court.

The Clerk of the Court may close such of the remaining offices as the Clerk may deem proper on Saturday at the hour of 12 o’clock noon.

Weekend and Holiday Branches, District One, Municipal Department. The Clerk shall assign deputy clerks to the branches established by the Presiding Judge of District One, and the Presiding Judges of Districts Two through Six, pursuant to General Order No. 9 for the arraignment, hearing, trial and determination of offenses on Saturday, Sundays, and legal holidays, including night court sessions. For the purpose of receiving and filing papers and issuing writs and the performance of other work in criminal and quasi-criminal actions, the Clerk shall require the attendance, during additional hours of each day, of such number of deputy clerks as may be necessary.

(c) The Clerk of the Circuit Court is authorized to appoint officers and employees of governmental agencies as Deputy Clerks to:

administer oaths to persons who sign complaints for violation of laws;
execute subpoenas requiring the appearance of witnesses regarding said violations;
take sworn statements from arresting officers under Section 11-501.1 of the Illinois Motor Vehicle Code [625 ILCS 5/11-501.1];
administer oaths to persons who execute bail bonds as sureties;
accept and file on behalf of the Clerk complaints for ordinance violations where no jail sentence could be imposed;
issue summons with respect thereto under the seal of the court, tested in the name of the Clerk, and signed with his name;
mail such summons with copy of complaint attached thereto by certified mail return receipt requested with the cost of postage to be borne by the plaintiff; and
accept the filing of appearances in said case.

Deputy Clerks so appointed, shall serve only in the capacity herein stated and without compensation.

Deputy Clerks so appointed, shall enter upon the duties of their office immediately after appointment or as soon thereafter as said Clerk of the Circuit Court of Cook County shall deem expedient; and shall, upon taking office, be bonded as provided for other Deputy Clerks of the Circuit Court of Cook County, the premium therefor to be paid by the Clerk of the Circuit Court of Cook County.

[Amended, effective April 18, 2005.]

2.3 Failure to Call Motions for Hearing

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The burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within 90 days from the date it is filed, the court may enter an order overruling or denying the motion by reason of the delay.

[Adopted May 17, 1976, effective July 1, 1976.]

2.2 Emergency and Ex Parte Motions Where Notice is Not Required

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(a) Notice not required - Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without giving prior notice and without calling the motion for hearing. Emergency motions shall, so far as possible, be given precedence.

(b) Notice after hearing - If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the court thereon, shall be served, by the attorney obtaining the order, upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of hearing, and proof of service thereof shall be filed with the clerk, within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

(c) Order upon denial - If a motion heard without prior notice is denied, an order of the denial shall be spread of record.

[Adopted May 17, 1976, effective July 1, 1976.]

2.1 Notice of Hearing of Motions

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(a) Notice required - Except in actions appearing on the daily trial call or during the course of trial, written notice of the hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105.

(b) Content of notice - The notice of hearing shall show the title and number of the action, the name of the judge before whom, the time and date when, and the place where the motion will be presented. If the motion is made orally, the notice shall state the nature of the motion. If the motion is presented in writing, a copy of the motion or a statement that it previously has been served, shall be served with the notice. Copies of all papers presented to the court with the motion shall be served with the notice or the notice shall state that copies have been served.

(c) Manner and time of service of notice.

(i) Notice shall be given in the manner and to the persons described in Supreme Court Rule 11. If notice of hearing is given by personal service, the notice shall be delivered before 4 p.m. of the second (2nd) court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on or before the fifth (5th) court day preceding the hearing of the motion.

(ii) Notwithstanding the provisions of Rule 2.1(c)(1), when a motion and notice of motion are served on the Clerk of the Court in his capacity as agent for persons giving security upon a bond or undertaking pursuant to Chapter 110, Paragraph 11-103, Ill. Rev. Stat. (1989)[735 ILCS 5/11-103], such motion and notice of motion shall be served on the Clerk of the Court personally or on the person serving as Chief Deputy Clerk assigned to the Department, Division or District in which the case has been filed. Such motion and notice of motion shall designate the persons, together with their last known addresses, to whom copies of the motion and notice of motion shall be mailed.

(d) Motions in the Law Division, County Department, other than discovery motions - The original motion shall be filed with the Clerk on or before the time the motion is spindled. The certificate of service and a copy of the motion shall be served on all parties in accordance with Supreme Court Rule 105(b) within three (3) court days of the filing of the motion. The moving party may serve on all parties, at the time of filing the motion, a short concise memorandum in support of the motion, including citations of authority. The adverse party may serve within twenty-eight (28) days thereafter, an answering memorandum. The moving party may then within ten (10) days thereafter serve a reply memorandum on the opponent. The movant shall file copies of all memoranda and relevant pleadings with the judge assigned to hear the motion at least three (3) court days prior to the scheduled date of the hearing. Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the motion, or a withdrawal of the opposition thereto, but shall be deemed to be a waiver of the right to file the respective memorandum.

(e) Summary judgement - Repealed.

(f) Filing motions for summary judgment in the Law Division - All motions for summary judgement shall be filed and duly noticed for hearing such that the motion comes before the court for initial presentation and entry of a briefing schedule not later than forty-five (45) days before the trial date, except by prior leave of court and for good cause shown or unless a deadline for dispositive motions is otherwise specified in the case management order.

[Amended August 21, 2000.]

4.1 Pretrial Memorandum

mcarroll — Mon, 31 Oct 2011 15:06:00 GMT

(a) Duty of attorney to prepare - In actions in which a pre-trial conference will be held, the attorney for each party shall prepare a full and complete typewritten memorandum substantially in the form required by the Court, and shall mail a copy to all attorneys of record in the action not less than thirty (30) days before the date of the conference.

[Amended August 12, 1982, effective September 1, 1982.]

6.6 Release or Satisfaction of Judgment

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Whenever a Release or Satisfaction of Judgment is filed pursuant to Ill. Rev. Stat., Ch. 110, par. 50.2 [735 ILCS 5/12-101(38)], it shall be the duty of the judgment debtor or his attorney to move the court to vacate said judgment and dismiss the cause of action.

[Adopted September 24, 1980, effective October 15, 1980.]

6.5 Disposition of Decedents' Actions

mcarroll — Mon, 31 Oct 2011 15:03:00 GMT

(1.) The procedure to be followed in cases involving actions for wrongful death or for personal injury brought by a representative on behalf of a decedent's estate shall be as follows:

(a) The judge hearing the case, upon the approval of a settlement as fair and reasonable or upon the entry of a judgment, shall adjudicate liens, determine the expenses, including attorneys' compensation, to be deducted from the settlement or judgment and shall determine the net amount distributable to each person entitled thereto pursuant to the provisions of the Wrongful Death Act or the Probate Act.

(b) In actions filed pursuant to the Wrongful Death Act brought by a personal representative appointed by the Probate Division, the distributable amount, based on dependency, shall be accounted for and administered in the Probate Division.

(c) In actions which survive the plaintiff's death, the order approving the settlement or the order entering the judgment shall provide that the amount distributable is an asset of the decedent's estate and shall be distributed through the Probate Division pursuant to the provisions of the Probate Act.

(d) Except as otherwise limited by rule or statute, attorneys' compensation shall not exceed one-third of the recovery if the case is disposed of in the trial court by settlement or trial. If an appeal is perfected, the compensation to be paid to the attorney shall not in any event exceed one half of the recovery.

(e) The order approving the settlement or the order entering the judgment shall provide that the amount distributable to the representative appointed by the Probate Division as an asset of the decedent's estate or for distribution under the Wrongful Death Act shall be paid only upon the presentation of an order entered in the Probate Division authorizing the representative to receive the distributable amount and approving the bond or other security required in the connection therewith.

(f) Upon the entry of the order approving the settlement or entering the judgment, the representative shall file a petition in the Probate Division requesting the entry of an order authorizing the representative to accept the distributable amount and fixing and approving the bond or other security required pursuant to the settlement or judgment. A copy of the order of the judge hearing the case shall be attached to the petition.

(2.) In actions filed pursuant to the Wrongful Death Act brought by a special administrator appointed in the division where the action is pending, the order entering judgment or approving the settlement shall provide that the amount recovered in any such action shall be distributed by the court in which the cause is heard to each of the surviving spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person, or as otherwise directed by the Wrongful Death Act, 740 ILCS 180/0.01 et seq., except that if proceeds in excess of $10,000 are distributable to a minor or person under legal disability, the distribution shall be administered and distributed under the supervision of the Probate Division. The order shall also address the fees and the expenses to the special administrator and his or her attorney and the entry of a bond and the presentation of vouchers that evidence that the distribution was properly made consistent with the court's order of distribution.

(3.) In actions filed pursuant to 735 ILCS 5/13-209 brought by a special representative appointed in the division where the action is pending for the deceased for the purpose of prosecuting such survival action, the order entering judgment or approving the settlement shall provide that the amount recovered in any such action shall be distributed by the court in which the cause is heard to the heirs or legatees as the law may provide, except that if proceeds in excess of $10,000 are distributable to a minor or person under legal disability, the distribution shall be administered and distributed under the supervision of the Probate Division. The order shall also address the entry of a bond and the presentation of vouchers that evidence that the distribution was properly made consistent with the court's order of distribution.

(4.) When the gross value of the decedent's entire personal estate, including the proceeds of the cause of action, does not exceed $100,000, a small estate affidavit may be presented and the order approving the settlement or the order entering the judgment shall provide for distribution pursuant to the affidavit. The order shall also address the entry of a bond and the presentation of vouchers that evidence that the distribution was properly made consistent with the court's order of distribution.

[Amended, effective September 29, 2011.]

6.4 Disposition of Pending Cases of Minors or Disabled Persons

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The procedure to be followed in cases involving claims of minors or disabled persons pending in divisions other than the Probate Division shall be as follows:

(b) Except as otherwise limited by rule or statute, attorneys' compensation shall not exceed one-third of the recovery if the case is disposed of in the trial court by settlement or trial. If an appeal is perfected, the compensation to be paid to the attorney shall not in any event exceed one half of the recovery.

(c) The order approving the settlement or the order entering the judgment shall provide that the amount distributable to the minor or disabled person shall be paid only to a representative of the minor or disabled person appointed by the Probate Division and upon presentation of an order entered in the Probate Division approving the bond or other security required in connection therewith, except that if the amount distributable to the minor or disabled person does not exceed $10,000, and no representative has been appointed in the Probate Division, the judge hearing the case may by order provide for the distribution to a parent or person standing in loco parentis to the minor or to the spouse or relative having the responsibility of the support of the disabled person in accordance with the provisions of 755 ILCS 5/25-2.

(d) The distributable amount received by a representative of a minor or disabled person pursuant to the provisions of this section shall be accounted for and administered in the Probate Division as in any other estate of a minor or disabled person.

[Amended December 21, 2000, effective January 2, 2001.]

6.3 Preparation and Certification of Record on Appeal

mcarroll — Mon, 31 Oct 2011 15:01:00 GMT

In preparing and certifying the record on appeal, the Clerk shall not include the originals of wills, bonds and written orders in the trial court records, but copies thereof shall be used.

[Adopted May 17, 1976, effective July 1, 1976.]

6.2 Satisfaction of Money Judgment Where Judgment Creditor Cannot Be Found

mcarroll — Mon, 31 Oct 2011 15:00:00 GMT

(a) Motion to satisfy - A money judgment may be satisfied by the court upon written motion of the debtor supported by affidavit stating:

(i) the amount, stating the judgment balance, the accrued interest, and costs;

(ii) that after the exercise of due diligence the judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due; and

(iii) that notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known addresses.

(b) Order of satisfaction - Upon granting the motion, the court shall enter an order directing the clerk to receive the amount of the judgment with accrued interest and costs for the judgment creditor. After payment, the court shall enter an order satisfying the judgment and showing the amount deposited with the clerk.

[Amended October 31, 1977, effective November 1, 1977.]

6.1 Service of Rules and Orders: Attachment

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(a) Service upon parties - Except as provided herein, a service of a rule or order upon a party shall be made in the manner and upon the persons described in Supreme Court Rule 105(b).

(b) Attachment without service - When the court record will not support an order for body attachment without service of a rule to show cause, upon a motion supported by affidavit stating facts showing that a party to the action:

(i) will not respond to a rule or order; or

(ii) threatens to leave the jurisdiction of the court or conceals himself to elude or to avoid the process of the court and to make the enforcement of the judgment or order impossible, the court may order the attachment of the party without service of the rule or order, and the attached party shall be heard when brought before the court.

(c) In all actions seeking to enforce a judgment no process shall issue for the arrest and imprisonment of the judgment debtor without a hearing first had upon notice to said debtor. Notice shall be made in the manner described in Supreme Court Rule 105(b).

(d) Service upon persons not parties - Service of a rule or order upon a person not a party to the action shall be made in like manner as service of summons, by any person over 18 years of age not a party to the action. No attachment against a person not a party to the action shall issue without prior service of the rule or order.

(e) Orders declaring Real Estate Tax Sales in error - A copy of all orders declaring real estate tax sales to be sales in error and vacating said tax sale shall be delivered by the Clerk of the Circuit Court to the County Treasurer and also to the County Clerk for posting in the real estate tax records maintained by the County Clerk.

(f) Wage Deductions - Pursuant to 735 ILCS 5/12-801, et seq., and 735 ILCS 5/12-705, the Affidavit for Wage Deduction Order and the Garnishment Summons shall be in forms as provided by the Clerk of the Circuit Court, or forms substantially similar thereto, and filed with the appropriate Office of the Clerk of the Court. The forms shall correspond to the division of the Court in which the action is filed.

(g) Garnishment (Non-Wage) - Pursuant to 735 ILCS 5/12-701 and 735 ILCS 5/12-705, the Affidavit for Garnishment and Interrogatories (Non-Wage) and the Garnishment Summons (Non-Wage) shall be in forms as provided by the Clerk of the Circuit Court, or forms substantially similar thereto, and filed with the appropriate Office of the Clerk of the Court. The forms shall correspond to the division of the Court in which the action is filed.

[Amended January 31, 1994, effective February 15, 1994.]

8.6 Receivers' Bank Accounts

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(a) Where the amount to be collected during the period of the receivership will equal or exceed $5,000.00 a separate bank account for that receivership must be carried.

(b) Receivers are to carry no more than $5,000.00 in a checking account. Any amount in excess of $5,000.00 shall be deposited in an interest-bearing account.

(c) Receivers of multiple dwelling properties shall file interim reports covering each six months period and the reports shall contain evidence of the amount of funds on hand.

[Adopted May 17, 1976, effective July 1, 1976.]

8.5 Reports of Receivers

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(a) Time of filing - The receiver shall file his first report at the time of filing his inventory and additional reports annually thereafter. Special reports may be ordered by the court, and a final report shall be filed upon the termination of the receivership.

(b) Forms - The court may prescribe forms to be used for reports of a receiver.

[Adopted May 17, 1976, effective July 1, 1976.]

8.4 Appraisals

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(a) Appraiser - Appraisers may be appointed only upon order of court or agreement of the parties with the approval of the court. If appraisers are to be appointed, they shall be selected by the court.

(b) Appraisal by receiver - If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

[Adopted May 17, 1976, effective July 1, 1976.]

8.3 Inventories of Receivers

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Not later than 30 days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate, designating the property within his possession or control.

[Adopted May 17, 1976, effective July 1, 1976.]

8.2 Attorneys for Receivers

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(a) Application - An attorney for the receiver shall be employed only upon order of the court, upon written motion of the receiver stating the reasons for the requested employment.

(b) Qualifications - Except as provided in section (c) of this rule, no attorney shall be employed for the receiver who is directly or indirectly interested in the action or in the receivership estate, either in person or as an attorney. The court may require any attorney employed to establish, by affidavit or otherwise, that no such interest exists.

(c) Exception - In any proceeding the court in its discretion may authorize employment of an attorney who represents a party to the action or who may have an interest in the proceeding.

[Adopted May 17, 1976, effective July 1, 1976.]

8.1 Qualifications of Receivers

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(a) Disqualification - Except as provided in section (b) of this rule, an appointment as receiver shall not be granted to an individual, or to a corporation having a principal officer, who:

(i) is related by blood or marriage to a party or attorney in the action;

(ii) is an attorney for, or of counsel for any party in the action;

(iii) is an officer, director, stockholder, or employee of a corporation the assets of which are in question; or

(iv) stands in any relation to the subject of the controversy that would tend to interfere with the impartial discharge of his duties as an officer of the court.

(b) Exception - If the court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under section (a) of this rule may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule. A receiver so appointed shall serve without compensation, unless otherwise ordered by the court upon good cause shown.

[Adopted May 17, 1976, effective July 1, 1976.]

10.8 Tax Objection Proceedings in the County Division

mcarroll — Mon, 31 Oct 2011 14:46:00 GMT

General Provisions

§1-10. Objectives. This Rule 10.8 is intended to adapt the County Division's procedures on tax objection complaints to the substantive legislative changes embodied in PA 89-126 (HB 1465), to respond to the anticipated increase in the volume of the filing of such complaints and to limit the time elapsed in the resolution of the complaints, all as consonant with the Illinois Supreme Court's announced policy of encouraging active case management by the trial court in litigation matters.

§1-15. Applicability. This Rule 10.8 shall be effective for all tax rate objection matters filed for 1989 and following tax years and for valuation objection matters for 1993 and following tax years, except that the provisions of §1-20 of this rule regarding the form of tax objection complaints shall be effective for tax objection matters for 1994 and following tax years. The terms "plaintiff" and "complaint" as used in this rule shall be construed to include the terms "objector" and "objection" as may be necessary for tax years prior to 1994.

§1-20. Form of Tax Objection Complaints. Tax objection complaints under Section 23-10 and 23-15 of the Property Tax Code [35 ILCS 200/23-10 and 23-15] shall be filed in triplicate (including all exhibits and attachments), and the circuit court clerk shall promptly provide one copy to the State's attorney and one copy to the county collector. The caption of the complaint shall designate the objecting taxpayer as "plaintiff" and the county collector as "defendant" and shall include a title identifying the year of the taxes to which objection is made. Each complaint shall also designate in the caption below the case number the following, depending on the nature of the case: (i) where the complaint includes objections to the budgets or levies of one or more taxing bodies, to the rate making process, or to the extension of taxes, regardless of any other grounds of objection alleged, the words "Rate Objection" shall appear; and (ii) where the complaint includes only objections to the assessed valuation of the subject property, the words "Valuation Objection" shall appear. The caption of the complaint shall be in substantially the following form:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, COUNTY DIVISION

_________________,
Plaintiff

vs.

_________________,
Cook County Treasurer
and Ex Officio County
Collector, Defendant.

)
)
)
)
)
)
)
)
)

No.

Valuation [or] Rate Objection
[as the case may be]

[Year] Tax Objection Complaint

§1-25. References. Whenever in this rule reference is made solely to a section number, it means that section of this Circuit Court Rule 10.8. Whenever section references are made to other sources, such as the Property Tax Code or Supreme Court Rules, it is so stated.

II. Valuation Objections

A. Form, Calendars, Settlements

§2-10. Forms of Valuation Objection Complaints. Valuation objection complaints shall provide at least the following information: (a) the name of the plaintiff and plaintiff's attorney; (b) the location of the subject property by common street address; (c) the township in which the property is located; (d) the volume(s) and permanent index number(s) which identify the subject property on county records; (e) the final assessed value and equalized assessed value of the subject property for the tax year in question; (f) the total annual taxes for the subject property, the total amount of taxes paid, and whether the payment was made within the time required by law; (g) a statement indicating whether any available administrative remedy was exhausted; (h) a statement of the factual or legal basis for the plaintiff's claim for relief; and (i) the relief requested.

§2-15. Valuation Objection Calendars. The court shall establish calendars for valuation objection matters.

§2-20. Inactive Period. Each case shall be considered active upon being set for the case management call and shall be considered inactive prior thereto. During the inactive period the parties may voluntarily conduct discovery, but no responses thereto shall be considered due or enforceable until the times provided in this rule (see case management call order, §2-45).

§2-25. Settlements. At any time prior to trial the parties may settle the case by jointly filing a memorandum of settlement and proposed agreed settlement order with the court.

B. Case Management Call

§2-30. Purpose. The case management call is designed to activate in an orderly fashion valuation objection cases. This call will bring the plaintiff into court to commence the presentation of the case. It will also determine the plaintiff's compliance with initial production of the documentation supporting the claim. The appearance of the parties is not required at this call.

§2-31. Substantial Compliance with Document Production Requirements.
(a) At the case management call of each case, the court shall first determine whether plaintiff's initial production of documents has been completed in substantial compliance with §2-50. If the court finds that plaintiff has not complied substantially with the requirements of §2-50, it shall enter such sanctions as the court deems appropriate. The sanction may include dismissal of the case, subject to reinstatement.

(b) A case dismissed for failure to comply substantially with §2-50 shall be reinstated only upon a showing of good cause and payment of costs. In the discretion of the court, a reinstated case may be considered as newly filed for purposes of scheduling, and may be considered inactive until reset for a new case management call.

§2-32. Merger of Related Cases. At the case management call, the court shall determine whether merger of the case with other pending cases is appropriate; and the court may alter the schedule for discovery or make such other provisions as may be necessary to incorporate such merged claims.

§2-33. Election as Small Claim. See Circuit Court Rule 10.6

§2-34. Establishment of Schedule.
A. The case management call order shall establish a schedule for the further progress of the case, including the dates for the disclosure of opinion witnesses and their written reports as well as for discovery pursuant to §2-120 and the applicable Supreme Court Rules, for the setting of the trial assignment call, for the assignment of the case to a trial judge, and for entry of the final pre-trial order. That schedule shall be as follows:

(i) Trial Management Call shall be the first working Thursday of the fifth month following the case management call;
(ii) the final date for disclosure of opinion witnesses and their reports shall be the first working Tuesday of the tenth month following the case management call;
(iii) the cut-off date for initiating new discovery including notices of deposition shall be the first working Tuesday of the twelfth month following the case management call;
(iv) the cut-off date for responses to all discovery including completion of all depositions shall be the first working Tuesday of the fourteenth month following the case management call;
(v) Trial Assignment Call shall be the first working Tuesday of the fifteenth month following the case management call; and
(vi) the date for submission of the proposed final pre-trial order shall be the first working Tuesday of the sixteenth month following the case management call.

B. A party may request the court to modify the schedule set forth in this section by filing and serving a motion and proposed case management call order with the modified dates, at least seven days prior to the trial management call. The motion shall set forth in detail the reasons supporting the request to modify the schedule, but the request shall not be granted except upon a showing of good cause. The pendency of settlement discussions shall not constitute an adequate showing of good cause to modify the schedule.

§2-35. Order Setting Case Management Call.

(a) The court shall set case management calls of all cases which have been filed for each tax year. The order setting any case or group of cases on the case management call shall specify a case management call date approximately 120 days following the date of the order. Case management calls shall be set at 9:30 a.m. on the first working Tuesday of each month.

(b) The circuit court clerk shall cause a notice of the order to be published in a newspaper of general circulation in Cook County and shall post a listing of the case management calls in the courtroom assigned for such actions.

§2-40. Preparation of Draft Order/Assignment of Assistant State's Attorney. Plaintiff's counsel may submit a draft case management call order to the clerk in the assigned courtroom in advance of the call, or may attend the call and submit the draft order at that time. Plaintiff's counsel shall send a copy of the case management call order entered by the court to the State's Attorney. The State's Attorney shall provide plaintiff's counsel with the name of the Assistant State's Attorney assigned to the case within 15 working days after the case management call.

§2-41. Outcome of Failure to Comply. Any party who fails to complete a proposed case management call order or to appear as required by this rule may be subject to sanctions.

§2-45. Form of Case Management Call Order. The case management call order shall be in substantially the following form:

[Caption]

CASE MANAGEMENT CALL ORDER

This cause coming to be heard on the Court's Case Management Call, due notice having been given and the Court being advised in the premises,

IT IS HEREBY ORDERED:

1.	This matter shall be set for the Trial Management Call on ______________ at 9:30 a.m. without further notice. [The first working Thursday of the fifth month following the Case Management Call.]
2.	Compliance with all previously filed discovery and all future discovery, including depositions, shall be stayed until ________________ . [First working Thursday of fifth month following the Case Management Call.]
3.	Each party shall disclose the identity of all opinion witnesses, and shall produce written reports of such opinion witnesses to the opposing party, on or before ______________. [First working Tuesday of the tenth month following the Case Management Call.]
4.	The cut-off date for initiating new discovery, including notices of deposition, shall be ______________. [First working Tuesday of the twelfth month following the Case Management Call.]
5.	The cut-off date for responses to all discovery, including completion of all depositions, shall be ______________. [First working Tuesday of fourteenth month following the Case Management Call.]
6.	This matter shall be set for the trial assignment call on ___________ at 2:00p.m. without further notice. [The first working Tuesday of the fifteenth month following the Case Management Call.]
7.	This case is merged with ______________.

Enter:_____________________________

§2-50. Plaintiff's Initial Production of Documents.

(a) No later than two months prior to the case management call, plaintiff shall produce documentary evidence and material to the State's Attorney which plaintiff deems sufficient to support the claim set forth in the complaint. Plaintiff's production may include any materials which plaintiff believes are relevant to the claim, and it shall include at a minimum the information and documents enumerated in subsections (c) and (d) of this section unless an objection to any part thereof is sustained by the court.

(b) If plaintiff desires to object to production of any item required under this section, a written objection explaining the factual and legal basis therefor shall be served upon the State's Attorney no later than the date specified for completion of the document production. Any remaining part of the required information and materials not within the scope of the objection shall be produced by the same date. The provisions of Supreme Court Rule 201(b) (scope of discovery), 201(j) (effect of discovery disclosure), 201(m) (filing of materials) and 201(n) (claims of privilege) shall apply to the production required by this rule, and the court may enforce this rule by dismissal pursuant to 2-31(a) or by any appropriate sanction pursuant to Supreme Court Rule 219.

(c) Plaintiff's initial production shall be submitted together with a statement signed under oath attesting that all of the information and documentation required pursuant to subsection (d) of this section has been provided to the best of plaintiff's knowledge, information and belief, with the exception of: (i) any specified document or information which does not exist; or (ii) any specified document or information which is known or believed to exist but is not within plaintiff's possession or control. The statement under this subsection shall expressly indicate which exception applies to any documentation or information which is not produced.

(d) The information and documents required as part of plaintiff's initial production shall consist of: (i) copies of all tax bills for the property for the subject tax year; (ii) for tax years prior to 1994, copies of protest letters filed; (iii) a description of the size, age, condition and use of the subject property during the subject tax year; (iv) a description of the nature and cost of any improvements to the subject property during the period of two years prior to and through the end of the subject tax year; (v) the contracts and closing statements relating to any transfer of ownership of the subject property within the period from two years prior to and through the end of the subject tax year; (vi) any complaints and related documents submitted to the Assessor's Office or Board of Appeals for the subject tax year; and (vii) any self-contained or limited appraisal report or other estimate of the value of the subject property which has a date of valuation within the period of two years prior to and through the end of the subject tax year. Plaintiff need not duplicate the submission of any documentation falling within more than one category under this rule.

C. Trial Management Call

§2-60. Purpose. The trial management call has four specific purposes: (1) to mark the transition from settlements to preparation for trial; (2) to provide a forum to resolve disputes before full-scale discovery; (3) to designate the Assistant State's Attorney assigned to the case; and (4) to offer an opportunity for the parties to inform the court of their intent to go to trial, at the discretion of the judge it may be assigned out.

§2-85. Preparation of Order.

(a) No later than seven days prior to the date set for the trial management call, plaintiff's counsel shall deliver a draft of a proposed agreed trial management call order to the State's Attorney. The proposed agreed trial management call order shall contain the dates specified in §2-34 A and shall be signed by both parties, unless one or both parties requests a modification thereof pursuant to §2-34 B.

(b) If a motion is made under §2-34 B, or if the proposed order deviates from the schedule specified in §2-34 B, both parties shall appear at the trial management call. If a proposed agreed trial management call order conforms to the schedule specified in §2-34 A, and is submitted to the court in advance, no appearance by either party shall be required and the court shall enter the order. The failure of either party to appear in support of a motion under this rule shall be deemed a forfeiture of interested party's rights.

§2-86. Outcome of Failure to Comply. Any party who fails to complete an agreed Trial Management Call order or to appear as required by this rule may be subject to sanctions.

§2-87. Pre-trial Settlement Conference Request. Either party may initiate a pre-trial settlement conference with the court by motion any time after the 10th month following the case management call (see §2-34 A (ii) the last day to identify opinion witnesses); or the court may initiate such a conference on its own motion. Notwithstanding any such settlement conference, the schedule established in the case management call order shall remain in effect, unless modified by the court; and such modifications shall be made only on a showing of exceptional circumstances.

§2-90. Form of Order. The trial management call order shall be substantially in the following form:

[Caption]

TRIAL MANAGEMENT CALL ORDER

This cause coming on to be heard on the Court's trial management call, due notice having been given and the Court being advised in the premises,

IT IS HEREBY ORDERED:

	That all previous orders are continued and the matter is set for trial assignment on ____________ at 2:00 p.m.
	This case is assigned to Assistant State's Attorney ______________.
	Case is assigned to Judge _______________. Parties must obtain a court date from judge's clerk within 10 working days.

ENTER:_____________________________

D. General Discovery Provisions

§2-110. Purpose. The discovery provisions harmonize and clarify the varying time requirements for discovery compliance specified in this rule and in the comparable Supreme Court Rules.

§2-115. Failure to Disclose Opinion Witness or Report. Failure of any party to make timely disclosure of opinion witnesses or their reports pursuant to any order entered under this rule shall be deemed an election by that party not to use such opinion witnesses or reports.

§2-120. Discovery under Supreme Court Rules. The parties may voluntarily conduct discovery at any time, including the time that the case is considered inactive under this rule. However, no responses to any discovery requests shall be considered to be due or enforceable prior to the first compliance date as provided in the Case Management Call Order under §2-45. Thereafter, responses to discovery shall be due as provided in the applicable Supreme Court Rules, subject to the cut-off dates established by court order.

§2-125. Efforts to Limit Discovery and Aid Settlement. Prior to the date set for the disclosure of opinion witnesses, the State's Attorney shall review the plaintiff's initial production of documentary evidence and the parties shall confer regarding the possibility of settlement, the need for the disclosure of additional information which would aid in the resolution of the matter, the nature and scope of any contested issues of fact and law, the intent to consult with opinion witnesses prior to trial or to have such witnesses testify at trial, the nature and scope of discovery sought by either party, motions, and the estimated time required for completion of discovery and for trial. The parties shall cooperate in an effort to limit and expedite discovery, and to simplify and define any contested issues.

E. Small Claims Procedure - See Circuit Court Rule 10.6

F. Progress Call [RESERVED]

G. Trial Assignment Call

§2-200. Purpose. The trial assignment call looks toward the trial of unresolved cases. It describes the parties' positions, permits a pre-trial settlement conference with the court, and is a forum for resolving procedural disputes between the parties. The appearance of both parties is required.

§2-220. No Change of Venue. A party who voluntarily participates in a pre-trial conference with a judge shall be deemed to have waived any right to a change of venue (substitution of judge) without cause pursuant to 735 ILCS 5/2-1001(a)(2).

§2-225. Form of Order. The trial assignment order shall be in substantially the following form:

[Caption]

TRIAL ASSIGNMENT CALL ORDER

This cause coming on to be heard on the Court's trial assignment call, due notice having been given and the Court being advised in the premises,

IT IS HEREBY ORDERED:

1.	This matter shall be assigned to Judge _______________.
2.	The parties shall confer and submit a proposed final pre-trial order to the assigned trial judge on or before ________,* and shall contact the clerk for the assigned judge regarding dates for trial. [*First working Tuesday of the month following this order.]
3.	Plaintiff must forward proposed Final Pre-Trial Order to Defendant at least 14 days prior to due date of order.
4.	Defendant must return Final Pre-Trial Order to Plaintiff at least 7 days prior to due date of order.
5.	If the plaintiff fails to submit the Final Pretrial Order within 14 days prior to the due date of this order, the plaintiff will be subject to sanctions on motion of the defendant or on the courts own order. Such sanctions may include barring of evidence.
6.	If the defendant fails to submit the Final Pretrial Order within 7 days prior to the due date of this order, the defendant will be subject to sanctions on motion of the plaintiff or on the courts own order. Such sanctions may include barring of evidence.
		ENTER:_____________________________
NAME ADDRESS CITY PHONE NUMBER ATTORNEY NUMBER

H.Trial Provisions

§2-240. Purpose. These provisions are designed to facilitate the orderly conduct of trials.

§2-245. Final Pre-trial Order and Conference.

(a) No later than fourteen days prior to the due date of the pre-trial order, plaintiff's counsel shall deliver a draft of a proposed agreed final pre-trial order to the State's Attorney. The State's Attorney shall return the draft to plaintiff's counsel with any desired changes no later than seven days before the due date, and the parties shall confer as necessary to resolve any differences and submit an agreed pre-trial order within the time allotted. The completed proposed final pre-trial order shall be signed by both parties and submitted to the court on or before the due date. If the parties are unable to agree on a final draft of the proposed order, each party shall submit a separate draft to the court on or before the due date, and the court shall resolve any disputes concerning the final pre-trial order and shall take such other action as it deems necessary for the efficient trial and disposition of the case.

(b) The parties shall contact the clerk for the assigned trial judge to determine the dates for trial.

§2-250. Form of Final Pre-Trial Order. The final pre-trial order shall be in substantially the following form:

[Caption]

FINAL PRE-TRIAL ORDER

This cause coming on for a final pre-trial conference, and the parties being represented by their respective counsel,

THE COURT HEREBY ENTERS THE FOLLOWING FINDINGS AND ORDER:

1.The parties have entered into a stipulation of uncontested facts and uncontested matters of law, as follows:

The parties are directed to narrow the factual and legal issues for trial by stipulation insofar as possible. Each of the following items, which will normally be uncontested or will have been resolved by the trial management order, must be stipulated unless a specific dispute as to that item has arisen:

Volume:__________________________ Township:____________________________

P.I.N.(s):__________________________________________

Location:__________________________________________

Description:

(1) Land:__________________________________________

(2) Improvement(s):__________________________________________

(3) Use (for subject tax year):__________________________________________

Current Assessment and Taxes:

(1) Classification:__________________________________________

(2) Total AV:__________________________________________

(3) Indicated FMV:__________________________________________

(4) Tax Rate:___________________________ Equalizer: ________________________

(5) Total Annual Taxes:__________________________________________

2. Plaintiff's claim is based on the following total fair market value, total assessed value, and total annual taxes for the subject property, and plaintiff seeks the following total tax refund:

(1) FMV:__________________________________________

(2) Total AV:__________________________________________

(3) Total Annual Taxes:__________________________________________

(4) Refund Claimed:__________________________________________

3. The contested issues of law and fact in this case are as follows:
[The parties are directed to make an agreed statement of contested issues insofar as possible in whole or in part. To the extent that agreement cannot be reached a separate statement by each party shall be included.]

4. The exhibits to be offered at trial by each party are as follows:
[Each party is to list all exhibits, including documents, charts, summaries or other items to be offered in evidence, and any demonstrative evidence. All exhibits are to be marked for identification, and are to be made available to the opposing party for inspection or copying, prior to trial; and copies thereof shall be furnished to the Court. Counsel are directed to stipulate to the authenticity of exhibits wherever possible, and no objection to authenticity shall be entertained by the court unless it has first been noted on the exhibit list which is made part of this order.]

5. Lists of all depositions, if any, or portions thereof, to be offered in evidence by each party are as follows:
[Each specific portion of any deposition to be offered in evidence shall be identified by the name of the deponent, date of the deposition, and the page(s) and line(s) of testimony to be offered. Any objections to admission of the deposition in evidence shall be noted on the list by the objecting party.]

6. The names and addresses of the witnesses who may be called by each party are as follows:
[Each party is to list all witnesses who may be called to testify, including opinion witnesses and excepting only rebuttal witnesses who are not identifiable prior to trial. If more than one opinion witness is listed for a party, the subject matter of each such witness's testimony shall be noted on the list.]

7. All discovery has been completed and, except for good cause shown, no further discovery shall be permitted.
[Further discovery will only be permitted by the court upon a showing of extraordinary circumstances, in which event this paragraph would be modified to set forth what discovery remains to be completed by each party.]

8. The order shall also provide for any other matters which would contribute to the efficient trial and deposition of the case.

9. Trial is set to commence at _________.m. on ____________, without further notice. This order will control the course of the trial and may not be amended except by consent of the parties and the court, or by order of the court to prevent manifest injustice.

10. All exhibits, witness lists, and other materials as previously mentioned that may be used at trial are to be delivered to the judge five working days prior to the trial, unless one or both of the parties object. The purpose of this document production is to offer the judge the opportunity to view the exhibits prior to the start of the trial.

ENTER: __________________________________________

/S/__________________________________________ Attorney for Plaintiff	/S/__________________________________________ Assistant State's Attorney
NAME ADDRESS CITY PHONE NUMBER ATTORNEY NUMBER

§2-255. Trial Date. Trial shall be set to commence at the assigned judge's next available trial date.

III. Rate Objections.

§3-10. Form of Rate Objection Complaints.

(a) If a complaint joins rate objections filed on behalf of multiple properties, it shall identify them by an attached schedule of properties. The schedule must provide at least the following information as to each subject property for the tax year to which the complaint pertains: the name of the plaintiff taxpayer; the volume and permanent real estate index number which identifies the property on the county records; the tax code (town code) shown on the county records; and the state equalized valuation. A schedule shall also set forth consecutive parcel numbers for each property listed thereon.

(b) Objections shall be set forth separately as to each taxing body whose taxes are challenged. If multiple taxing bodies are involved, the objections regarding each of them shall be set forth beginning on a new page of the complaint and this page shall also contain a heading setting forth the full name of the taxing body.

(c) Complaints involving multiple taxing bodies shall be divided in sections as follows: (i) any general objections applicable to all taxing bodies; (ii) any objections applicable to the following major taxing bodies (in this order): The Board of Community College District No. 508, The Board of Education of the City of Chicago, The Chicago Park District, The City of Chicago, The County of Cook, The Forest Preserve District of Cook County, and The Metropolitan Water Reclamation District of Greater Chicago; (iii) any objections to suburban taxing bodies (traditionally known as "country towns"), grouped as follows: Townships, Park Districts, Villages, and Cities (in alphabetical order); Community College Districts, High School Districts, School Districts and Unit School Districts (in numerical order); Fire Protection Districts, Public Library Districts, and Sanitary Districts (in alphabetical order); Public Health Districts, Conservancy Districts, Abatement Districts, Sanitarium Districts (in the order listed here), and all other districts.

§3-15. Representation and Notification of Taxing Bodies.

(a) After the entry of an order setting all rate objection complaints filed with respect to any tax year for an initial status hearing pursuant to 3-20, the State's attorney may mail a copy of the order, a copy of this rule, and a copy of the pertinent rate objections, to each taxing body named therein or to its attorney if a separate appearance has been filed under 3-15(b).

(b) Any taxing body named in a rate objection complaint may direct the entry of an appearance by additional counsel of its choice, absent objection by the State's attorney. The additional appearance of any taxing body may be filed in advance of the initial status hearing held pursuant to 3-20, or thereafter upon leave of court, and copies of the appearance shall be served upon the State's attorney and upon each plaintiff who has filed objections to the taxes of that taxing body.

(c) The additional counsel for each taxing body which has entered such an appearance shall be primarily responsible for the conduct of the litigation on its behalf. In the absence of an appearance by additional counsel, each taxing body shall continue to be represented by the State's attorney in conjunction with the State's attorney's representation of the county collector.

§3-20. Initial Status Hearing.

(a) At an appropriate time following the filing of rate objection complaints for each tax year, considering the demands of its calendar, the court shall enter an order setting all complaints for that tax year for an initial status hearing. The order shall be entered at least 60 days in advance of the date set for the hearing. The circuit court clerk shall mail copies of the order within 30 days of its entry to all plaintiff's counsel of record and to any pro se plaintiff, and notice shall also be given by publication in a newspaper of general circulation in Cook County and may be given by mail to the various taxing bodies as provided in 3-15(a).

(b) All plaintiff's counsel and any pro se plaintiff shall personally appear at the initial status hearing. Additional counsel for taxing bodies who have entered an appearance shall appear personally at the hearing. Taxing bodies which have not yet entered an additional appearance shall inform the State's attorney in advance of the initial status hearing of their intentions concerning representation.

(c) At the initial status hearing the court may designate one or more plaintiffs and their counsel who consent to act as "lead objector" and "lead counsel" to facilitate the conduct of the litigation involving taxing bodies subject to multiple similar tax objection complaints.

(d) At the close of the initial status hearing the court shall enter an order setting the various rate objection complaints for further status hearing, grouping the complaints for purposes of such hearings by type of taxing body or otherwise as the court deems appropriate. The order shall direct the parties to confer regarding exchange of relevant documents, stipulation to uncontested facts, and the possibility of settlement, and the parties shall be prepared to report their progress in these matters to the court at the next hearing.

§3-25. Subsequent Status Hearings, Trial or Settlement.

(a) At any status hearing subsequent to the initial hearing the court shall receive the reports of each party of progress in preparation for trial or settlement, and the court may set any of the objections for pre-trial conference or trial or may enter such other orders as it deems appropriate. If any objections have been settled, lead counsel or other plaintiffs' counsel shall have the primary responsibility, in cooperation with counsel for the affected taxing body, to prepare and file an order and such other documents reflecting the settlement as may be appropriate pursuant to Section 23-30 of the Property Tax Code [35 ILCS 200/23-30].

(b) No notice of subsequent hearings will ordinarily be provided to either plaintiffs or to taxing bodies.

(c) Plaintiffs who have not been designated as a lead objector may file a written declaration at any status hearing subsequent to the initial hearing, stipulating that they have agreed to amend their objections to conform to those filed by one of the lead objectors and have agreed to be fully bound by the lead objector's resolution of such objections by trial or settlement. Absent an order of court to the contrary upon motion of any party for good cause shown, the declaration shall be deemed to effect an amendment of the plaintiff's objections to conform to those of the designated lead objector. The declaration shall be filed substantially in the following form:

[Caption]

DECLARATION OF INTENT TO CONFORM
OBJECTIONS TO COMPLAINT OF LEAD OBJECTORS

Plaintiffs, by their undersigned attorneys, hereby stipulate and declare as follows:

1. Plaintiffs have reviewed the objections set forth in the tax objection complaint filed by the lead objectors in Case No. __________________________________________ (the "Lead Objections"), as such objections pertain to the taxing bodies whose taxes were extended against each of the parcels identified in the above captioned complaint.

2. Plaintiffs intend that this declaration shall stand as an amendment to the above captioned complaint to conform to the Lead Objections pursuant to Rule 10.8 3-25(c)-(d) of the Circuit Court of Cook County.

3. Plaintiffs intend that the objections in the above captioned complaint, as amended by this declaration, shall be considered to be identical in all respects to the Lead Objections. Plaintiffs agree that all orders entered with respect to the Lead Objections shall also apply to the objections in the above captioned complaint, as amended, and Plaintiffs agree that they shall be fully and completely bound by any disposition of the Lead Objections, whether by trial or settlement, without further notice.

Respectfully submitted,

/S/[Counsel for Plaintiffs]

/S/ [Counsel for Lead Objectors]

Provided, that the declaration shall not be filed without the consent of the lead objector named therein, and a copy of the declaration shall be served upon the State's Attorney and all additional counsel who have appeared on behalf of taxing bodies whose taxes are subject to objections referred to in the declaration..

(d) The declaration filed pursuant to 3-25(c) shall not be withdrawn except on motion and leave of court for good cause shown, and leave may be denied if the court finds that the withdrawal would cause a delay or other prejudice to any party. Any plaintiff who has filed a declaration pursuant to 3-25(c) shall be fully bound by any order entered as to the lead objector's objections, and shall be fully bound by the lead objector's resolution of the objections by trial or settlement, without further notice or hearing separate from the lead objector.

(e) Lead counsel, and counsel for all plaintiffs and all pro se plaintiffs who have not filed a declaration under 3-25(c) of this rule conforming their objections to those of a lead objector, shall appear personally at all hearings involving their complaints. The complaint of any plaintiff who fails to appear at a hearing in violation of this rule shall be subject to dismissal for want of prosecution.

(f) Additional counsel for all taxing bodies shall appear personally at all hearings involving the objections to their taxes. All pending objections to any taxing body which has entered an appearance by additional counsel may be disposed of summarily and without further notice if such additional counsel fails to appear at a hearing in violation of this rule.

[Amended June 28, 2002.]

10.7(II) Guardian ad Litem

mcarroll — Mon, 31 Oct 2011 14:44:00 GMT

I. Appointment of guardian ad litem

Pursuant to 750 ILCS 50/13 the Court will appoint a licensed attorney as guardian ad litem to represent a prospective adoptee and to act in his/her best interests.

The purpose of this rule is to establish an orderly procedure for appointment of guardians ad litem in a fair manner, open to all interested and qualified attorneys.

Annually the Court will publish an announcement inviting applications for the position of guardian ad litem to act pursuant to Section 13 of the Adoption Code.

(a) Criteria to be considered. The Court will consider an applicant's experience and knowledge in adoption law and prior experience acting as a guardian ad litem. An applicant must understand the function of a guardian ad litem, the role of an attorney appointed to represent the prospective adoptee, and the hybrid nature of the role of attorney/guardian ad litem.

(b) Term of appointment. The Court will select attorneys to serve staggered three-year terms as guardians ad litem. These attorneys may apply for additional terms.

(c) Fees.

(i) A uniform flat fee and uniform hourly rate for all guardians ad litem and/or attorneys for the child will be determined by the Court. The Court will consider submissions from applicants and other interested parties in determining the fees and rates. The Court will review suggested fees and rates on a yearly basis.

(ii) It is expected that in uncontested cases the litigants will appear in court only at the initial hearing. The guardian's flat fee will be based on this initial court appearance and the anticipated off call duties. Should a specific case require additional court appearances or additional work, the guardian ad litem and/or attorney for the child may petition the Court to proceed at the established hourly rate.

It is expected that some families will not be able to pay the established fee. Guardians must anticipate making financial accommodations in these situations.

(d) Duties and procedures.

(i) The role of the guardian ad litem is to determine what is in the best interests of the child. The guardian ad litem must review and determine the sufficiency of the pleadings and filings. The duties of guardian ad litem do not include acting as the prospective adoptee's attorney. The guardian ad litem will not act as the prospective adoptee's attorney without being appointed to do so by the Court.

(ii) If the prospective adoptee is in need of legal representation in the adoption, the Court will appoint an attorney to act as legal counsel. The Court will first consider appointing the guardian ad litem to take on this additional role. If the guardian ad litem is unable or unwilling to act as the prospective adoptee's attorney, the Court shall make the appointment from its list of guardians ad litem who have previously indicated a willingness to act in this capacity.

(iii) If selected, an individual must be available to act as guardian ad litem on assigned dates. On each assigned date, the guardian ad litem is expected to be present in the office of the guardian ad litem maintained on the 17th floor of the Richard J. Daley Center between the hours of 8:30 A.M. and 10:30 A.M. or between 12:30 P.M. and 2:30 P.M.

(iv) The individual must review each court file on the adoption call on his or her assigned date. The purpose of the review is to determine whether the individual will accept the appointment as the guardian ad litem in the case. The review will include an examination of the file to determine the sufficiency of the pleadings and the presence and adequacy of the required documentation.

(v) If the file meets with the approval of the individual, he or she will initial the interim order to indicate a willingness to accept the appointment as guardian ad litem.

(vi) If the file is found to be inadequate, the individual shall either (1) appear in court and inform the Court why he/she will not accept the appointment, or (2) submit a memorandum order stating the conditions to accept the appointment.

(vii) If the individual accepts the appointment, the case will be assigned to him or her as guardian ad litem. The guardian ad litem remains in the case until entry of final judgment or its termination. In uncontested cases, the attorney for the petitioners will submit the proposed final order and all necessary documents to the guardian ad litem. As part of his or her duties, the guardian ad litem reviews the court file and investigative report. If the case meets with the guardian's approval, he or she will so indicate by his or her initials and deliver it to the court for decision off call. In contested matters, the guardian shall forward copies of necessary documents to all parties who have filed an appearance in the case.

[Adopted March 13, 2001, effective March 13, 2001.]

10.7 Proceedings under the Adoption Act

mcarroll — Mon, 31 Oct 2011 14:43:00 GMT

(a) Each petitioner required to file an affidavit pursuant to Section 14 of the Adoption Act (Ill. Rev. Stat. Ch. 40, par 1517) [750 ILCS 50/14] shall include in such affidavit all costs, expenses, contributions, fees, compensation or other thing of value paid to:

(i) any attorney, partner or associate of the attorney, or any person employed by or under contract to the attorney for any products and services related to locating a child available for adoption, including but not limited to individual consultations, written materials, telephone answering, advertising, and mail solicitations; and

(ii) any person, agency, association, organization, institution, society, partnership or corporation for any products and/or services related to locating a child available for adoption, including, but not limited to individual consultations, written materials, telephone answering, advertising, and mail solicitations.

(b) The following items shall not be included in such affidavit:

(I) the cost of advertising, paid directly to the provider of such advertising by the petitioner;

(ii) the cost of any telephone, telephone service and telephone answering machine installed in the home of each petitioner, the cost of which is paid directly by the petitioner;

(iii) the cost of any commercial telephone answering service, paid directly to the provider of such service by the petitioner;

(iv) the cost of printing, photocopying, photography, postage, and other services involved in mail solicitations, paid directly to the provider of such services by the petitioner;

(v) the cost of adoption classes and seminars, open to the general public and paid for directly by the petitioner;

(vi) the cost of books, magazines, audiotapes, videotapes and other materials available through retail sources purchased by the petitioner from a retail source other than any of the persons or entities listed in parts (a)(i) and (a)(ii) of this Rule; and

(viii) expenses incurred by the petitioner for such petitioner's personal travel, lodging and living expenses.

[Amended November 23, 1992, effective December 1, 1992.]

10.6 Small Claims Proceedings for Real Estate Tax Objections

mcarroll — Mon, 31 Oct 2011 14:41:00 GMT

In order to facilitate the dispositions of Specific Objections, the following small claims procedures are established:

Small Claim Defined
The tax refund sought does not exceed $30,000 ($50,000 if the objector submits an
MAI appraisal as evidence).

Maximum Refund
The amount of refund is strictly limited to the amount stated in Section A.

Election Irrevocable
The election to proceed as a small claim is irrevocable and must be initiated at the
Case Management Call. Compliance with Section 2-50 of Circuit Court Rule 10.8 is a
prerequisite to the election to proceed as a small claim.

Procedures:
1. Motion to Proceed:

The Motion to Proceed as a small claim must be submitted in writing at the Case Management Call.
A Section 2-50 cover sheet and a Pre-trial Memorandum for each tax year concerned shall accompany each Motion to Proceed. See appendix to this Rule for Court Approved Forms A and B.

2. Assignment of Trial Judge:
Trial Judge will be assigned to the small claim case at the Case Management Call.

3. Scheduling of Pre-trial Settlement:
The parties to the small claim must obtain a pretrial conference date from the trial judge's clerk within 14 days of the Case Management Call. Failure to schedule a pre-trial conference date within the specified time shall be cause for dismissal of the case for want of prosecution.

4. Pre-trial Settlement Conference:
The Court shall conduct a pretrial settlement conference with the parties within 84 days (12 weeks) of the Case Management Call. If the parties fail to settle the case, the trial judge shall enter an order setting the last date to disclose opinion witnesses (see section 6), setting the last date to complete discovery (see section 7), and setting the trial date (see section 7).

5. Discovery Only Pursuant to Court Order:
Except for the disclosure of opinion witnesses, discovery in proceedings pursuant to this rule shall proceed only by court order or by agreement of the parties.

6. Opinion Witnesses:

Disclosure of Opinion Witnesses:
Both Parties must disclose the identity of their opinion witnesses, their conclusions, opinions, qualifications and reports within 147 days (21 weeks) of the Case Management Call. Failure to disclose by that date shall act as a bar in the case of the testimony of the witnesses and submission of any of their reports.
Duty to Supplement Opinion Disclosures:
A party has a duty to seasonably supplement or amend any prior disclosed information whenever new or additional information subsequently becomes known to that party.

7. Failure to Settle Case:

Trial Date:
The parties must complete all discovery within 210 days (30 weeks) of the
Case Management Call. The trial date set by the court shall not be sooner than 273 days (39 weeks) after the Case Management Call.
Final Pre-Trial Order:
Both Parties must cooperate in preparing a final pre-trial order to be delivered to the trial judge 7 days in advance of trial. See Appendix to this Rule for Court Approved Form C.

APPENDIX TO RULE 10.6

A. Section 2-50 Cover Sheet Form:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - COUNTY DIVISION

Objector

PIN

Address

)
)
)
)
)
)
)
)

_________ Small Claim
_________ Regular Call

94 Obj. No.
Merged with cases:
95 Obj. No.
96 Obj. No.

SECTION 2-50 COVER SHEET

Assessor's Assessment Level _________ Equalization Factor ________

Tax Rate _________

	Assessed Value	Market Value	Taxes
Assessor	_____________	___________	____________
Plaintiff	_____________	___________	____________
Plaintiff Appraiser _____________________________ $ _______________________ Defendant Appraiser ___________________________ $ _______________________ Requested Refund: ________________________

Basis for relief:

Other Cases:

Case Number

___________

Submitting Attorney
Phone Number

Cover sheet to be filled out by Plaintiff
and Submitted with 2-50 Package for each tax year

B. Small Claims Pretrial Memorandum Form

(CAPTION)
SMALL CLAIMS PRETRIAL MEMORANDUM

Vol.	Permanent Index No.	Assessed Value	Level of Assessment	Class	FMV
___	________________	____________	______________	_______	_____
___	________________	____________	______________	_______	_____
___	________________	____________	______________	_______	_____
___	________________	____________	______________	_______	_____

Township:____________	Town Code:___________	Property Address:______________________
Tax Rate:$____________	Equalitzation Factor:__________________________________________

TYPE OF PROPERTY

Commercial/Industrial:	Multi-Tenant/Rental:
Sq. Ft. Land_______________ Sq. Ft. Improvement_________	No. of Units_______ Total Rooms_______	Sq. Ft. Land_______________ Sq. Ft. Improvement_________

EVIDENCE

Appraisal:
Date________

Appraiser_____________________

Final Value $____________

Cost Income Approach to Value	$____________
Income Approach to Value	$____________
Market Approach to Value	$____________

Sale:
Date of Sale________________________

Amount of Sale $_______________________

Income/Expense Documents: Federal Tax Return/Statements _________________________ Years ________ - ______
Gross Income:	Most Recent Year _____	$________________
	Intermediate Year _____	$________________
	Most Remote Year _____	$________________
Expenses:	Most Recent Year _____	$________________
Net Income:	Most Recent Year _____	$________________ (Before RET/Interest/Dep)
Proposed Cap Rate________	Tax Load Factor________	Total_______%

ADDITIONAL COMMENTS:

TAXPAYER REQUEST:____________________________

	Respectfully Submitted,
	____________________________________
	Attorney(s) for Objector(s)

C. Small Claims Final Pre-Trial Order

(CAPTION)

SMALL CLAIMS FINAL PRE-TRIAL ORDER

This cause coming on for a final pre-trial conference, and the parties being represented by their respective counsel,

THE COURT HEREBY ENTERS THE FOLLOWING FINDINGS AND ORDER:

The parties have entered into a stipulation of uncontested facts and uncontested matter of law, as follows:
The parties are directed to narrow the factual and legal issues for trial by stipulation insofar as possible. Each of the following items, which will normally be uncontested or will have been resolved by the trial management order, must be stipulated unless a specific dispute as to that item has arisen:

Volume: _______________ Township: ____________________
P.I.N.(s):____________________________________________________________
Location: ____________________________________________________________

Description:
(1) Land:____________________________________________________________
(2) Improvement(s):___________________________________________________
___________________________________________________________________
(3) Use (for subject tax year): __________________________________________
___________________________________________________________________

Current Assessment and Taxes:
(1) Classification:________________________________________________________
(2) Total AV:____________________________________________________________
(3) Indicated FMV:_______________________________________________________
(4) Tax Rate:__________________ Equalizer: ____________________
(5) Total Annual Taxes: __________________________________________________
Plaintiff's claim is based on the following total fair market value, total assessed value, and total annual taxes for the subject property, and plaintiff seeks the following total tax refund:
(1) FMV:_______________________________________________________________
(2) Total AV:____________________________________________________________
(3) Total Annual Taxes:___________________________________________________
(4) Refund Claimed: _____________________________________________________
The contested issues of law and fact in this case are as follows:
[The parties are directed to make an agreed statement of contested issues insofar as possible in whole or in part. To the extent that agreement cannot be reached a separate statement by each party shall be included.]
The exhibits to be offered at trial by each party are as follows:

[Each party is to list all exhibits, including documents, charts, summaries or other items to be offered in evidence, and any demonstrative evidence. All exhibits are to be marked for identification, and are to be made available to the opposing party for inspection or copying, prior to trial; and copies thereof shall be furnished to the Court. Counsel are directed to stipulate to the authenticity of exhibits wherever possible, and no objection to authenticity shall be entertained by the court unless it has first been noted on the exhibit list which is made part of this order. Both sides are to submit memorandums as to the contested exhibits.]
List of all depositions, if any, or portions thereof, to be offered in evidence by each party are as follows:
[Each specific portion of any deposition to be offered in evidence shall be identified by the name of the deponent, date of the deposition, and the page(s) and lines(s) of testimony to be offered. Any objections to admission of the deposition in evidence shall be noted on the list by the objection party.]
The names and addresses of the witnesses who may be called by each party are as follows:
[Each party is to list all witnesses who may be called to testify, including opinion witnesses and exception only rebuttal witnesses who are not identifiable prior to trial. If more than one opinion witness is listed for a party, the subject matter of each such witness's testimony shall be noted on the list.]
All discovery has been completed and, except for good cause shown, no further discovery shall be permitted.
[Normally, all discovery will be completed before the final pre-trial conference pursuant to the scheduling call or trial management order. Further discovery will only be permitted by the court upon a showing of extraordinary circumstances, in which event this paragraph would be modified to set forth what discovery remains to be completed by each party.]
[The order shall also provide for any other matters which would contribute to the efficient trial and deposition of the case.]

Trial is set to commence at ____________.m. on ____________, without further notice. This order will control the course of the trial and may not be amended except by consent of the parties and the court, or by order of the court to prevent manifest injustice.

	ENTER: ___________________________
/S/ ________________________________	/S/ ________________________________
Attorney for Plaintiff	Assistant State's Attorney

NAME:
ADDRESS:
CITY:
PHONE NUMBER:
ATTORNEY NUMBER:

[Adopted this 28th day of June, 2001, effective July 2, 2001.]

10.5 Proceedings under the Forcible Entry and Detainer Act

mcarroll — Mon, 31 Oct 2011 14:37:00 GMT

(a) Summons- In actions filed in the Municipal Department for relief under the Forcible Entry and Detainer Act, the summons shall:

(1) be issued under the seal of the court;
(2) be tested in the name of the clerk, and signed with his name;
(3) be dated on the date it is issued and be directed to the defendant;
(4) bear the address and telephone number of the plaintiff or his attorney;
(5) specify the date and place the defendant is to file his appearance and appear for trial which shall not be less than 14 days or more than 40 days after the issuance of the summons; and
(6) specify that the summons shall not be serve later than 7 days before the trial date.

(b) Form of Summons- The summons shall be in substantially the following form:

(1) District One of the Municipal Department-Summons Form:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT FIRST DISTRICT

) No.

)

) Action for:

Plaintiff )

) Possession________________

v. ) Rent Amount Claimed $________________

)

) Trial Date________________

Defendant )

) Trial Time________________

SUMMONS FOR TRIAL

     You are hereby summoned and required to appear in person on *________________________________, at _________________________________, in Courtroom __________________________________of the Richard J. Daley Center for TRIAL of this case.
     You are further required to file your written appearance by yourself or your attorney at the same time and place.
     If you fail to appear for TRIAL, a Judgment by default may be taken against you for the relief asked in the complaint, a copy of which is hereto attached. After the Judgment is entered, the Sheriff may evict you.
     This summons may not be served later than seven (7) days before the trial date.

	WITNESS__________________________, 19____
	__________________________________________
	CLERK OF THE COURT(s)
	DATE OF SERVICE________________, 19____
	(To be inserted by officer on copy left with defendent or other person)

NAME:________________________________
ATTORNEY FOR:_______________________
ADDRESS_____________________________
CITY:_________________________________
TELEPHONE:__________________________

NOTICE TO PLAINTIFF

*Not less than 14 days nor more than 40 days after the issuance of summons.

____________________,CLERK OF THE CIRCUIT COURT OF COOK COUNTY

(2) Districts Two to Six of the Municipal Department - Summons Form:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT__________ DISTRICT

) No.

)

) Action for:

Plaintiff )

) Possession________________

v. ) Rent Amount Claimed $________________

)

) Trial Date________________

Defendant )

) Trial Time________________

SUMMONS FOR TRIAL

     You are hereby summoned and required to appear in person on *________________________________, at _______________________________ in Courtroom __________________________________of the ___________________________ for TRIAL of this case.
     You are further required to file your written appearance by yourself or your attorney at the same time and place.
     If you fail to appear for TRIAL, a Judgment by default may be taken against you for the relief asked in the complaint, a copy of which is hereto attached. After the Judgment is entered, the Sheriff may evict you.
     This summons may not be served later than seven (7) days before the trial date.

	WITNESS__________________________, 19____
	__________________________________________
	CLERK OF THE COURT(s)
	DATE OF SERVICE________________, 19____
	(To be inserted by officer on copy left with defendent or other person)

NAME:________________________________
ATTORNEY FOR:_______________________
ADDRESS_____________________________
CITY:_________________________________
TELEPHONE:__________________________

NOTICE TO PLAINTIFF

*Not less than 14 days nor more than 40 days after the issuance of summons.

____________________,CLERK OF THE CIRCUIT COURT OF COOK COUNTY

[Adopted May 18, 1979, effective June 1, 1979.]

10.4 Proceedings under Administrative Review Act

mcarroll — Mon, 31 Oct 2011 14:36:00 GMT

On motion and without notice to the opposite party, the court may, by written order, (1) authorize any party to an administrative proceeding to withdraw the record of proceedings had before the administrative agency from the court file; and (2) direct the party to return the record to the file not later than ten days before the date the cause is set for hearing.

[Adopted May 17, 1976, effective July 1, 1976.]

10.3.1 Motion to Expunge Redemption

mcarroll — Mon, 31 Oct 2011 14:35:00 GMT

(a) Notice. The Movant shall send Notice of Motion, with the Motion attached to the following:

(i) For motions filed prior to the filing of Petition for Tax Deed:
(1) County Clerk;
(2) Party making redemption; and
(3) Part entitled to Section 241 (a) Notice [35 ILCS 200/22-5].

(ii) For motions filed after the filing of Petition for Tax Deed:
(1) County Clerk;
(2) Party making redemption;
(3) Party entitled to Section 241 (a) Notice [35 ILCS 200/22-5]; and
(4) Party(ies) entitled to Section 263 and/or Section 266 Notice.

[Adopted November 23, 1992, effective December 1, 1992.]

10.3 Tax Deed Proceedings in County Division

mcarroll — Mon, 31 Oct 2011 14:33:00 GMT

(a) Petitions for Tax Deed. Petitions for Tax Deed shall be filed in the name of the tax purchaser or if the certificate has been assigned in the name of assignee and shall describe the premises sold by permanent real estate index number and legal description. A copy of the certificate of purchase, together with all assignments thereof, shall be attached to the petition.

(b) Applications for Order Directing the Issuance of Tax Deed. A petition for a tax deed shall not be heard or assigned for hearing until an application for order directing the issuance of a tax deed has been filed with the Clerk of the County Division. An application shall have the following exhibits attached:

1. A receipted copy of the notice furnished to the County Clerk for mailing pursuant to Section 22-5 of the Property Tax Code.

2. A certificate of publication showing publication of notice when required by Sections 22-15 and 22-20 of the Property Tax Code.

3. Petitioner's evidence of search of public records whether by exhibit or affidavit.

4. If the premises sold are registered under the Torrens Act, a copy of the certificate of title certified not more than three months prior to expiration of the period of redemption, together with proof of compliance with Section 82 of the Torrens Act.

5. Copy of the notice lodged with the Sheriff.

6. An affidavit or affidavits of the petitioner or agent showing any information relevant to establishing that the notices required by the Property Tax Code and Torrens Act have been given and that petitioner has fully complied with all provisions of law authorizing the issuance of a tax deed.

(c) Hearing on the Petition. Prior to the hearing, the Court file should contain the certificate of the Clerk as to the mailing of notices required by Section 22-25 of the Property Tax Code, the original sheriff's returns filed with the Clerk, together with the signature cards returned from certified mailings and the returned envelopes from undelivered mailings. At the hearing or prior to the entry of any order directing the County Clerk to issue a tax deed, petitioner shall exhibit to the Court the original certificate of purchase and all original receipts evidencing payment in full of all general taxes and special assessments which became due and payable subsequent to the tax sale and redemption from all subsequent forfeitures and tax sales. Testimony taken at the hearing shall be transcribed and filed not later than the time of the entry of the order directing the issuance of a tax deed.

(d) Required Statutory Notice. The notice required under 22-10 of the Property Tax Code should follow the statutory form and also designate the courthouse, the courthouse address, the room number, the date and the time of hearing (e.g., this matter is set for hearing in the Circuit Court of Cook County in Room 1704, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602 on __________ at 9:30 a.m.).

[Amended, effective May 2, 2005.]

(e) Order for a Tax Deed. Any order for a tax deed shall describe the property to be conveyed by permanent real estate index number and legal description. The order for deed shall have affixed thereto the certificate of the County Clerk dated subsequent to the period of redemption showing that no deposit for redemption of the tax sale has been made.

(f) Notice of Date Fixed for Application. At the time of filing a Petition for tax deed, petitioner shall give notice to the Clerk of the Circuit Court of Cook County as to the date when petitioner shall appear before the Assignment Judge to make application that a tax deed issue and request assignment for hearing and disposition.

The Clerk shall enter the case number on the call of the Assignment Judge for the date given. All cases shall be called and assigned on said date, provided petitioner has filed its application and unless a continuance is requested by petitioner for good cause. If petitioner fails to appear on any court date, the case may be dismissed for want of prosecution by order of the Court. The Clerk of the Court shall notify petitioner or its attorney of said dismissal order by mail within seven (7) days from the date of its entry.

[Amended, effective September 16, 1996.]

10.2 Proceedings Under the Workmen's Compensation Act

mcarroll — Mon, 31 Oct 2011 14:32:00 GMT

(a) Applications for judgment under Sec. 19 - Applications for judgment under Section 19(g) of the Workmen's Compensation Act or of the Workmen's Occupational Diseases Act [820 ILCS 305/19(g)] shall be made by filing a verified complaint with the clerk of the court, setting forth:

(i) the award of the arbitrator or the decision of the Industrial Commission;

(ii) the payments, if any, that have been made under the award or decision;

(iii) that no petition is pending for review by the Industrial Commission of the award, or that no proceedings are pending for review by any court of the decision of the Industrial Commission; and

(iv) that, if attorney's fees are sought, the applicant has demanded payment by the employer and that payment has been refused.

(b) Presentation of application - Upon application in open court for judgment under Section 19(g) of the Workmen's Compensation Act or of the Workmen's Occupational Diseases Act [820 ILCS 305/19(g)], there shall be presented to the court:

(i) the original complaint described in Section (a) of this rule;

(ii) a certified copy of the award or decision;

(iii) a certified copy of notice filed with the Industrial Commission of the application for judgment; and,

(iv) if the application is based upon a decision of the Industrial Commission, a certificate of the Industrial Commission or its secretary showing that no writ of certiorari or notice of any proceeding for review of the decision has been served upon or received by the Commission or its secretary.

[Adopted May 17, 1976, effective July 1, 1976.]

10.1 Proceedings Under the Land Registration Act

mcarroll — Mon, 31 Oct 2011 14:31:00 GMT

(a) Forms of Orders - Orders in land registration proceedings shall be approved as to form by either the Registrar of Titles or the Examiner of Titles, unless approval is excused by the court.

(b) Printed Forms - The printed forms prepared and prescribed by the Registrar of Titles shall be used by attorneys in land registration proceedings where practicable.

[Amended October 31, 1977, effective November 1, 1977.]

12.19 Distribution to Official Representative of Foreign Country

mcarroll — Mon, 31 Oct 2011 14:30:00 GMT

The distributive share of a citizen and resident of a foreign country may be paid to the official representative of the foreign country who is entitled thereto pursuant to treaty or convention between that country and the United States in the following manner:

(a) the official representative shall present a petition for leave to receive distribution in a form prescribed by the court; and

(b) the official representative shall certify that the principal is a citizen and resident of the petitioner's country; and

(c) the official representative shall acknowledge receipt of the distributive share received from the representative. The representative shall file the receipt with the representative's voucher.

[Amended August 8, 1996, effective September 3, 1996.]

12.18 Assignment of Interest-Power of Attorney

mcarroll — Mon, 31 Oct 2011 14:28:00 GMT

(a) No distribution shall be made pursuant to an assignment or a power of attorney signed by a distributee of an estate unless the assignment or power of attorney has been filed with and approved by the court.

(b) The petition for approval shall be verified and state:

(i) the consideration paid or to be paid and fees and expenses charged or to be charged to the grantor of the power of attorney or the assignor of the assignment;

(ii) the name and address of the grantor and grantee of the power of attorney or the assignor and assignee of the assignment; and

(iii) that the power of attorney or assignment has not been revoked.

(c) Each power of attorney or assignment shall be signed and acknowledged by the grantor of the power of attorney or assignor of the assignment in accordance with the Illinois Uniform Recognition of Acknowledgments Act.

(d) If the court does not approve the power of attorney or assignment, the representative shall make distribution directly to the grantor of the power of attorney or the assignor of the assignment.

[Amended August 8, 1996, effective September 3, 1996.]

12.17 Deposit and Withdrawal of Ward's Money-Termination of Small Estate

mcarroll — Mon, 31 Oct 2011 14:27:00 GMT

A petition to withdraw funds deposited or invested as provided in Section 24-21[755 ILCS 5/24-21] shall be presented in person by the parent, spouse, person standing in loco parentis or person having the responsibility or custody of the ward, unless personal presentation is excused by the court. The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education or other benefits to the ward or the ward's dependents.

[Amended August 8, 1996, effective September 3, 1996.]

12.16 Withdrawal of Deposit with County Treasurer

mcarroll — Mon, 31 Oct 2011 14:26:00 GMT

Before an order is entered directing the County Treasurer to pay money deposited by order of court, notice shall be given to the State's Attorney and to such other persons as the court may direct.

[Amended August 8, 1996, effective September 3, 1996.]

12.15 Personal Injury or Wrongful Death Actions

mcarroll — Mon, 31 Oct 2011 14:25:00 GMT

(a) As used in this Rule, unless the context requires otherwise:

(i) "the court" refers to the Probate Division;

(ii) "another Division" or "the other Division" refers to a Division of the Circuit Court of Cook County other than the Probate Division;

(iii) "another court" or "the other court" refers to a court other than a Division of the Circuit Court of Cook County; and

(iv) an award by an arbitrator appointed under Part 18 of these Rules shall be considered to be an order of another Division, and an award of any other arbitrator shall be considered to be an order of another court.

(b) If no proceeding is pending before another Division or another court for recovery on a cause of action for personal injury or for wrongful death, the role of the Probate Division shall be as provided in this subparagraph.

(i) To settle a cause of action for personal injury to a minor or a disabled person, the guardian of the estate of the ward shall file in the court a petition for approval of the settlement of the cause of action. Upon approving the settlement the judge shall determine the expenses, including the attorney's compensation, to be deducted from the proceeds.

(ii) To settle a cause for action for personal injury to a decedent whose estate is in the course of administration, the representative of the decedent's estate shall file in the court a petition for approval of the settlement of the cause of action. Upon approving the settlement the judge shall determine the expenses, including the attorney's compensation, to be deducted from the proceeds. If the cause of action is the sole asset of the estate, the compensation shall include all legal services necessary to effect the settlement of the estate, except as otherwise ordered by the court.

(iii) To settle a cause of action for the wrongful death of a person whose estate is in the course of administration, the representative of the decedent's estate shall file in the court a petition for approval of the settlement of the cause of action. Upon approving the settlement the judge shall determine the expenses, including the attorney's compensation, to be deducted from the proceeds, and shall apportion the balance as provided by law. When the court authorizes the representative of a decedent's estate to settle a wrongful death action and when there is no other estate requiring administration, the court shall order that upon complying with the order the representative shall be discharged.

(iv) A report of the attorney for the petitioner stating that, in the attorney's opinion, based upon the facts and the law, the proposed settlement is just and proper, shall be attached to the petition.

(v) The attorney's compensation under a contingent fee contract shall be prescribed by Rule 6.4 (b) or Rule 6.5(b), as the case may be, and, in a medical malpractice case, shall comply with Section 2-1114 of the Code of Civil Procedure. If the cause of action is the sole asset of the decedent's estate, the compensation shall include all legal services necessary to effect the settlement of the estate, except as otherwise ordered by the court.

(vi) The judge may appoint a guardian ad litem to investigate the merits of the proposed settlement.

(c) If an action for personal injury to a minor or a disabled person or to a decedent or for wrongful death is pending before another Division, the role of the Probate Division shall be as provided in this subparagraph.

(i) If the action is for personal injury and is disposed of in another Division by an order entering judgment for the plaintiff or approving a settlement, the guardian of the estate of the ward or the representative of the decedent's estate, as the case may be, shall file in the court a petition for authority to receive the proceeds of the action in accordance with the provision of Rule 6.4 or Rule 6.5, as the case may be.

(ii) If the action is for wrongful death and was brought by a special administrator appointed by another Division, no action in the Probate Division is required with respect to the disposition of the wrongful death action itself. If the action is for wrongful death and was brought by a representative appointed by the Probate Division, the representative shall file in the court (aa) a petition for authority to receive the proceeds of the action in accordance with the provisions of Rule 6.5 and (bb) vouchers for the expenses paid and the distributions made pursuant to the order of the other Division. If there is no other estate requiring administration, the court shall then declare the estate closed. If any person receiving distribution is a minor or disabled person, the amount distributable to the ward shall be disposed of as follows:

A. If the estate of the ward does not exceed $10,000 in value, the other Division may dispose of the ward's share of the proceeds under the statute governing a ward's small estate (Section 25-2 of the Probate Act)[755 ILCS 5/25-2].

B. If the estate of the ward exceeds $10,000 in value, the guardian of the ward's estate shall file a petition in the court for authority to receive the proceeds of the action in accordance with the provisions of Rule 6.4.

(d) If any action for personal injury to a minor or a disabled person or to a decedent or for wrongful death is pending before another court, the role of the Probate Division shall be as provided in this subparagraph.

(i) The guardian of the estate of the ward or the representative of the decedent's estate, as the case may be, shall file a petition in the court for an order authorizing the guardian or representative to take whatever action is required by the other court. If that action involves approval of a settlement or the payment of fees or expenses that have not been passed on by the other court, the petitioner shall provide evidence of the propriety of the proposed action.

(ii) If the action is for personal injury, the guardian of the estate of the ward or the representative of the decedent's estate, as the case may be, shall file a petition in the court for an order authorizing the representative to receive the proceeds.

(iii) If the action is for wrongful death and was brought by a representative appointed by the Probate Division, the representative shall file in the court vouchers for the expenses paid and the distributions made pursuant to the order of the other court. If there is no other estate requiring administration, the court shall then declare the estate closed. If any person receiving distribution is a minor or a disabled person, the amount distributable to the ward shall be disposed of as follows:

A. If the estate of the ward does not exceed $10,000 in value, the other court may dispose of the ward's share of the proceeds under the statute governing a ward's small estate (Section 25-2 of the Probate Act)[755 ILCS 5/25-2].

B. If the estate of the ward exceeds $10,000 in value, the guardian of the estate of the ward shall file a petition in the court for authority to receive the proceeds of the action in accordance with the provision of Rule 6.5.

(e) Whenever action by a guardian of the estate of a minor or a disabled person or by a representative of a decedent's estate is required, if no guardian of the estate of the ward or representative of the decedent's estate has been appointed, a petition shall be filed in the court for appointment of a guardian of the estate of the ward in accordance with Article XI or XIa of the Probate Act or for appointment of a representative of the decedent's estate in accordance with Article VI or IX of the Probate Act.

(f) When the settlement of a cause of action requires future payments to a person who is or may become a disabled person, the order approving the settlement shall include provisions that will make it possible for the court to consider the person's legal competence and to monitor changes in the person's competence.

(g) When the court authorizes a guardian of the estate of a ward to receive the proceeds of a cause of action or to settle a cause of action, the court shall either (aa) direct that the balance be deposited for the benefit of the ward as provided by Section 24-21[755 ILCS 5/24-21], in which case, upon complying with the order, the guardian shall be discharged, or (bb) direct that the balance be held and administered by the guardian in accordance with Article XI or XIa of the Probate Act.

[Amended, effective September 29, 2011.]

12.14 Jury Demands

mcarroll — Mon, 31 Oct 2011 14:20:00 GMT

A petitioner or claimant desiring a trial by jury when permitted must file a jury demand with the clerk and pay the fee at the time of filing the petition or claim. A person opposing the petition or claim and desiring a trial by jury must file a jury demand with the clerk and pay the fee at the time of filing the answer or other responsive pleading. If the petitioner or claimant file a jury demand and thereafter waives a jury, the person opposing will be granted a jury trial upon demand made within 14 days after being notified of the waiver and upon payment of the fee. Otherwise each party waives a jury.

[Amended August 8, 1996, effective September 3, 1996.]

12.13 Accounts

mcarroll — Mon, 31 Oct 2011 12:32:00 GMT

(a) In each estate in which an account is filed in court:

(i) The account shall consist of the following five sections:

Receipts, Disbursements, Distributions, Recapitulation and Assets On Hand at the end of the period of the account.

(ii) Each asset listed in the account shall be designated by the number assigned to it as an asset on hand at the end of the accounting period of the preceding account or, if none, the number assigned to it in the inventory, or supplemental inventory in which it first appeared. Distribution of an item or conversion into cash or other disposition need be reported only in the first account after completion of the transaction. Each receipt attributable to an asset shall be reported under the asset in the Receipts section of the account. The total of all receipts reported shall be shown at the end of the Receipts section.

(iii) Each disbursement reported in the account shall be numbered and sufficiently identified, shall show the date, the name of recipient, the purpose and the amount of the disbursement and shall, in the estate of a ward, show the date of the court order authorizing the disbursement. All disbursements shall be reported in the following categories in the Disbursements section of the account: Administration Expenses, Taxes, Fees, Investment Purchases and Other Disbursements. The total of all disbursements reported shall be shown at the end of the Disbursements Section.

(iv) The account shall disclose the pendency of any litigation to which the estate is a party.

(v) In accounting for the income and disbursements with respect to an unincorporated business, real estate or beneficial interest in real estate in the possession of the representative, the representative shall report only total receipts and disbursements of the operation but shall retain all supporting vouchers.

(vi) The account shall include a numbered list of the assets on hand at the end of the period of the account and shall show the market value of each marketable security and the estimated value of each other income producing asset. If an asset listed is being assigned a number different from that used in the "Receipts" section, a cross reference to the latter number shall be included.

(vii) Notice of the hearing on an account, accompanied by a copy of the account, shall be given not less than 10 days before the hearing to each person entitled to a share of the estate who has not received his distributive share in full and to all other persons entitled to notice who has not waived notice and approved the account.

(viii) Each notice shall contain the time, place and nature of the hearing and substantially the following sentence: If the account is approved by the court upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to who this notice is given.

(b) In supervised administration of a decedent's estate:

(i) Unless waived by the court, the representative shall present an account of the representative's administration within 60 days after the expiration of one year after the issuance of letter of office and thereafter whenever required by the court.

(ii) Upon presentation of the account, the attorney for the representative shall furnish a receipt for each distribution set forth in the account and a certificate of the attorney or the representative stating that vouchers evidencing disbursements are in the possession of the representative or the attorney. The court may require the presentation of vouchers for examination.

(iii) Unless waived by the person entitled thereto, notice of the hearing on an account under Section 24-2 [755 ILCS 5/24-2] shall be given to each claimant whose claim remains undetermined or unpaid, to each person entitled to a share of the estate who has not receipted for the person's distributive share in full and to any persons specified in (d) of this Rule. If a person entitled to notice is represented by an attorney at law, attorney-in-fact, or consul or consular agent whose appearance is on file, notice as required for motions shall also be given to the attorney at law, attorney-in-fact, or consul or consular agent.

(iv) Before the discharge of the representative, there shall be presented to the court:

A. a statement from the representative that all death taxes have been paid or provided for, or that the estate is not subject to death taxes; and

B. a status report on a form approved by the court.

(v) Authority to a representative to pay all or part of the distributive share before 6 months after issuance of letters will be granted only after filing of the inventory.

(i) If there is a change in a distributive rights during the administration of the estate, including a change resulting from death of a distributee after the decedent's death but before receipt of the distributee's entire distributive share, renunciation, disclaimer or other election provided by law, in addition to any other statutory requirements, documentation of the right of the substituted takers shall be presented to the court.

(ii) If a part or all of the estate is distributable to the trustee or trustees of a trust of which there is at least one trustee who is not also a representative of the estate, no notice is required to be given to any beneficiary of the trust by reason of the beneficiary's interest in the trust.

(iii) If a part or all of the estate is distributable to the trustee or trustees of a trust of which each trustee is also a representative of the estate, in addition to the requirements of the Probate Act and unless notice is waived by the person entitled thereto, notice of the hearing on an account under Section 24-2 [755 ILCS 5/24-2] or notice of the filing of a final report under Section 28-11 [755 ILCS 5/28-11], as the case may be, shall be given to each beneficiary then entitled to receive or eligible to have the benefit of the income from the trust. In the case of a beneficiary of the trust who is a minor or disabled person, notice shall also be given to the guardian of the estate of the beneficiary or, if no guardian of the estate has been appointed, to the personal fiduciary for the beneficiary under Section 28-3 [755 ILCS 5/28-3] or, if none, to the spouse, parent, adult child or guardian of the person of the beneficiary. The court in its discretion may waive notice to a beneficiary who is a minor or disabled person if notice has been waived and the account or report has been approved by another beneficiary whose interest is substantially the same as the interest of the minor or disabled beneficiary and who has no conflict of interest.

(iv) Unless otherwise determined by the court, the court will rely upon a statement of the representative's attorney, or a statement under the penalties of perjury of the representative or the representative's agent, that notice has been given to or waived by all beneficiary entitled thereto.

(d) In the estate of a ward:

(i) The guardian shall present an account of the guardian's administration within 30 days after the expiration of one year after the issuance of letter of office and, unless otherwise ordered, at least once in each year thereafter.

(ii) An account of a guardian or temporary guardian of a disabled person shall state the physical location and the physical and mental condition of the ward.

(iii) An account of a guardian of a minor shall state the physical location and the fact of attendance at school or occupation of the ward and, if the estate includes any interest in real estate in which the minor resides, shall be accompanied by a report regarding the guardian's inspection of that real estate.

(iv) In addition to the requirements of the Probate Act and unless waived by the person entitled thereto, notice of the hearing on an account under Section 24-11(b) [755 ILCS 5/24-11(b)] shall be given to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. If a person entitled to notice other than a ward is represented by an attorney whose appearance is on file, notice as required for motions shall be given to the attorney.

[Amended August 8, 1996, effective September 3, 1996.]

12.12 Modification of Duties or Discharge of Guardian - Notice

mcarroll — Mon, 31 Oct 2011 10:20:00 GMT

In addition to the requirements of the Probate Act, notice of a hearing on a petition to terminate the adjudication of disability, revoke the letter of guardianship or modify the duties of a guardian of a disabled person shall be given not less than 14 days before the hearing to the disabled person's agent or agents appointed under the Illinois Power of Attorney Act, if any, and to the nearest relatives of the disabled person in the following order:

(a) The spouse and adult children and the parents and adult brothers and sisters, if any; or if none,

(b) The nearest adult kindred.

[Amended August 8, 1996, effective September 3, 1996.]

12.11 Resignation or Removal of Representative

mcarroll — Mon, 31 Oct 2011 10:19:00 GMT

(a) Unless notice is waived by the court, notice of the filing of a representative's petition to resign or of the filing a petition to remove a representative shall be given not less than 7 days before the filing to each co-representative, surety, unpaid claimant, persons entitled to a share of the estate who has not received the person's share in full, ward and any other person entitled to receive notice of motions.

(b) Unless notice is waived by the court, notice of the filing of a final account of a representative who has resigned or whose letters have been revoked shall be given not less than 14 days before the filing to the representative's successor and to any other person entitled to receive notice of motions.

[Amended August 8, 1996, effective September 3, 1996.]

12.10 Claims

mcarroll — Mon, 31 Oct 2011 10:18:00 GMT

(a) A claim based upon a written instrument shall be accompanied by a copy of the instrument.

(b) Unless a claim of the representative or the representative's attorney has been approved by each interested person whose share of the estate will be affected by the payment of the claim, the claimant shall apply to the court prior to the hearing on the claim for the appointment or waiver of a special administrator to appear and defend for the estate.

(c) If the representative or the representative's attorney waives the mailing or delivery of a copy of the claim, the time for filing pleadings is 30 days after the waiver or the filing of the claim, whichever is later.

(d) If a counterclaim is filed, a copy shall be delivered or mailed to the counterdefendant and the counterdefendant's attorney, as required by Circuit Court Rule 2.1, unless the counterdefendant or counterdefendant's attorney waives in writing the delivery or mailing.

(e) It is the duty of the attorney for the representative to appear in court on the call of a claim listed on the claim calendar. Subject to the discretion of the court, failure of the attorney to appear shall be deemed to be a consent to the allowance of the claim unless a responsive pleading has been filed.

[Amended August 8, 1996, effective September 3, 1996.]

12.9 Inventories

mcarroll — Mon, 31 Oct 2011 10:17:00 GMT

(a) Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian of the ward, as the case may be, the real and personal property which has come to the knowledge of the representative and any cause of action on which the representative has a right to sue. The inventory in a decedent's estate under supervised administration or in the estate of a minor or disabled person shall be verified and shall comply with the provisions of this rule.

(b) In addition to the requirements of Section 14-1 [755 ILCS 5/14-1], each inventory shall state the approximate total value of the personal estate (exclusive of those assets included in the inventory pursuant to paragraph (g) of this rule), the approximate annual income from the real estate in the possession of the representative, and that the bond of an individual representative complies with the provisions of Section 12-5 [755 ILCS 5/12-5].

(c) Consecutive item numbers, commencing with Arabic 1, shall be assigned to each item inventories and carried forward into the first account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts. A value need not be assigned to an inventoried item other than a bank account or similar property normally described in terms of an amount.

(d) To the extent feasible:

(i) Descriptions of real estate shall include the legal description and approximate size of each parcel, street address if any, the improvements thereon, and years for which taxes have not been paid. If any real estate is encumbered, the inventory shall include a description of the encumbrance and the principal balance owing at the date of death or at the date of appointment of the guardian, as the case may be. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, and, if not, the reason for not being in possession. (See Section 20-1)[755 ILCS 5/20-1].

(ii) Descriptions of stock shall include the number of shares, class of stock, exact corporate title and state of incorporation if necessary for the purpose of identification. Description of bonds shall include the total face value, name of obliger, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid and endorsements. Descriptions of notes shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements and, if secured, a description of the security. Descriptions of other securities (such as mutual funds, unit investment trusts, etc.) shall contain information consistent with the foregoing.

(iii) Descriptions of partnership interests shall include the partnership name and address and the interest of the estate.

(iv) If any tangible or intangible personal property is encumbered, the inventory shall include a description of the encumbrance and the principal balance owing at the date of death or at the date of appointment of the guardian, as the case may be.

(v) Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, name of the court where pending and case number.

(e) Each inventory in a decedent's estate under supervised administration shall be filed with the clerk. Each inventory in the estate of a minor or disabled person shall be presented for approval to the judge to whom the case is assigned.

(f) An amended or supplemental inventory shall be filed if:

(i) Real or personal property has been erroneously described in a prior inventory;

(ii) Assets have been improperly included in or excluded from a prior inventory; or

(iii) Additional assets have come to the knowledge of the representative.

A supplemental inventory or an amendment to an inventory need not repeat assets correctly described in a prior inventory.

(g) In addition, each inventory of a guardian of the estate of a disabled person shall list separately any joint tenancy accounts and other assets in which the disabled person has an interest but which would not be subject to administration in a decedent's estate, and shall state the nature of the interest. The court may issue an order (1) freezing any or all assets so listed until further order of the court, and (2) requiring the guardian to give notice to all other persons who may have an interest in those assets.

(h) In a decedent's estate under supervised administration, authority to the representative to pay all or part of a distributive share before 6 months after issuance of letters will be granted only after filing of the inventory.

[Amended August 8, 1996, effective September 3, 1996.]

12.7 Petition for Expenditure for Ward

mcarroll — Mon, 31 Oct 2011 10:16:00 GMT

(a) A petition to expend funds from a ward's estate shall state the purpose for which the proposed expenditure is required, the value of the estate at the time of presenting the petition, the annual income available to the ward and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.

(b) In stating the annual income available to the ward, the petition shall list payments being received by the ward or by the petitioner either individually or as guardian on behalf of the ward, including Social Security benefits, disability benefits, payments from the Veteran's Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust or custodianship and payments from one having an obligation to support the ward.

[Amended August 8, 1996, effective September 3, 1996.]

12.8 Retention of Investment by Guardian

mcarroll — Mon, 31 Oct 2011 10:16:00 GMT

(a) A guardian desiring to retain any investment (including a life, endowment or annuity policy) or any increase thereof, not expressly authorized by Section 21-2 [755 ILCS 5/21-2] shall petition the court for approval thereof.

(b) A guardian desiring to make any material change in the terms of any life, endowment or annuity policy, (i) received by the guardian at the time of the guardian's appointment or subsequently acquired by the ward and (ii) not expressly authorized by Section 21-2.11 [755 ILCS 5/21-2.11] shall petition the court for approval thereof.

[Amended August 8, 1996, effective September 3, 1996.]

12.6 Temporary Guardian-Petition-Notice

mcarroll — Mon, 31 Oct 2011 10:15:00 GMT

(a) A petition for appointment of a temporary guardian for an alleged disabled person under Section 11a-4 [755 ILCS 5/11a-4] shall be filed at the time of or subsequent to the filing of a petition for adjudication of disability and appointment of a guardian. The petition shall state the facts upon which it is based and the name, the post office address and, in the case of an individual, the age and occupation of the proposed temporary guardian.

(b) Unless waived by the court, notice of the time and place of the hearing on a petition for temporary guardian shall be given not less than 3 days before the hearing by mail or in person to the alleged disabled person and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section 11a-8 [755 ILCS 5/11a-8].

(c) Unless waived by the court, notice of the time and place of the hearing on a petition to revoke the appointment of a temporary guardian shall be given not less than 3 days before the hearing by mail or in person to the temporary guardian, to the petitioner on whose petition the temporary guardian was appointed and to those persons whose names and addresses are listed in the petitions for adjudication of disability and appointment of a guardian under Section 11a-8 [755 ILCS 5/11a-8].

[Amended August 8, 1996, effective September 3, 1996.]

12.5 Bonds

mcarroll — Mon, 31 Oct 2011 10:14:00 GMT

a) When a representative takes possession of real estate of a decedent or ward, the bond shall be for an amount not less than 1 1/2 times the estimated gross annual income of the real estate if a surety company acts as surety, and not less than double the estimated gross annual income of the real estate if individuals act as sureties, in addition to the amount of the bond required by Section 12-5 [755 ILCS 5/12-5] or Section 12-6 [755 ILCS 5/12-6], as the case may be, for the personal estate of the decedent or ward.

(b) The name of each principal and individual surety must be written in full in the body of the bond of a representative and in the signatures to the bond. When the signature is by mark, it must be witnessed by a person not a party to the bond. The bond shall be acknowledged in accordance with the Illinois Uniform Recognition Acknowledgment Act, 5 ILCS 260/1.

(c) An individual bond of an executor or a testamentary guardian is required even though the will waives bond or security.

(d) Before a bond with individual sureties is proffered, the representative shall file a petition with the court stating the approximate net worth of each of the proposed sureties, the estimated amount of claims against the estate and a statement as to whether or not all persons entitled to participate in the distribution of the estate as heirs or legatees are adults and consent to the approval of the bond with the proposed individual sureties. The consents of such persons shall be attached to the petition.

(e) When a representative offers a new bond under Section 12-11 [755 ILCS 5/12-11], the court may require that the representative establish that assets stated to be on hand are on hand before the account and the new bond are approved and before the surety on the old bond is discharged.

[Amended August 8, 1996, effective September 3, 1996.]

12.4 Deposition of Witness to a Will

mcarroll — Mon, 31 Oct 2011 10:13:00 GMT

A person seeking admission of a will to probate and desiring to take the deposition of a witness to a will as provided by Section 6-5 [755 ILCS 5/6-5] shall file a petition for issuance of a commission, stating:

(a) The name and address of the witness;

(b) If the witness resides in this country, the reason the witness is unable to attend court;

A copy of the proposed written interrogatories shall be attached to the petition. Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will to probate to each heir or legatee whose name and post office address is stated in the petition. Before the expiration of the 14 days, any interested person may propose written cross interrogatories.

[Amended August 8, 1996, effective September 3, 1996.]

12.2 Proof and Declaration of Heirship

mcarroll — Mon, 31 Oct 2011 10:12:00 GMT

(a) When a petition for admission of a will to probate or for letters of administration or an amended petition therefor, is filed, proof of heirship shall be made in accordance with Section 5-3 [755 ILCS 5/5-3] and a proposed order declaring heirship shall be submitted to the court.

(b) If no petition is filed for admission of a will to probate or for letters of administration, a person desiring to obtain a declaration of heirship shall file a petition stating:

(i) The name and address of petitioner and petitioner's attorney;

(ii) The name and place of residence of the decedent at the time of death;

(iii) The time and place of death; and

(iv) The names and post office addresses of decedent's heirs and whether any of them is a minor or disabled person.

(c) If no heir is named in a petition for admission of a will to probate or for letters of administration, or in an amended petition therefor, notice of the hearing on heirship shall be given to the State's Attorney.

[Amended August 8, 1996, effective September 3, 1996.]

12.3 Admission of Will to Probate - Letters of Administration

mcarroll — Mon, 31 Oct 2011 10:12:00 GMT

(a) A will must be filed at least 3 court days before the hearing on a petition for admission of the will to probate.

(b) With a petition for admission of a will to probate, the petitioner shall file a copy of the will attached to an affidavit of the petitioner or the petitioner's attorney that the copy attached to the affidavit is a copy of the will to be admitted to probate.

(c) With a petition for probate of a handwritten will, in addition to a copy thereof, the petitioner shall file a typewritten copy of the will attached to an affidavit of the petitioner or the petitioner's attorney that to the best of the affiant's knowledge the typewritten copy is correct.

(d) With a petition for probate of a will in a language other than English, in addition to a copy thereof, the petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

(e) If it appears that the decedent was at the time of the death a citizen of a foreign country, or that any heir or legatee is a citizen of a foreign country, notice shall be given to the nearest consul or consular agent for the foreign country who is listed by the Department of State in the manner provided by Section 6-10 [755 ILCS 5/6-10] or Section 9-5 [755 ILCS 5/9-5], as the case may be.

(f) Testimony recorded at the hearing on the admission of a will to probate shall be reduced to writing, certified by the court and filed with the clerk. No transcript need be filed when a will is admitted by attestation clause or affidavit in accordance with Section 6-4.

[Amended August 8, 1996, effective September 3, 1996.]

12.1 General

mcarroll — Mon, 31 Oct 2011 10:11:00 GMT

(a) The definitions in the Probate Act of 1975 apply, and when used in this part of the Rules, unless the context requires otherwise:

(i) "court" refers to Probate Division;

(ii) "judge" means a judge or associate judge assigned to the Probate Division;

(iii) "motion" includes every petition, application or other matter requiring the entry of an order; and

(iv) section references are to sections of the Probate Act.

(b) In the construction of these rules, the rules governing the construction of statutes shall apply.

(c) During the period of administration of the estate to which the action or proceeding is germane, an action or proceeding to contest admission or denial of a will to probate, to contest a trust, to enforce a contract to make a will, to construe a will or trust, or to appoint a trustee of a trust to which any part or all of the estate is distributable or any other action or proceeding affecting the estate or trust or arising under a Uniform Transfers (or Gifts) to Minor Act, shall be filed and heard in the Probate Division, shall employ the same number as the estate to which it relates and, if appropriate, shall be designated a "supplemental proceeding". The parties shall be designated as in other civil actions. In a supplemental proceeding, the required fee shall be paid at the time the action is filed.

[Amended August 8, 1996, effective September 3, 1996.]

14.3 Inventory and Control of Evidence

mcarroll — Mon, 31 Oct 2011 10:08:00 GMT

(a) A copy of the inventory of all instruments, articles, or things seized in a search shall be delivered to the judge before whom the arrested person is taken and the judge to whom the inventory is delivered shall enter an order for their custody, pending further proceedings.

(b) Exhibits received in evidence, shall be retained by the offering party unless otherwise ordered by the trial judge.

(c) Impounded evidence shall be held by the Clerk for five years after final disposition of the case unless released during that time by order of the Presiding Judge of the Division or District in which the trial was conducted.

(d) After the expiration of five years after final disposition of the case, the exhibits may be destroyed by order of the Presiding Judge of the Division or District in which the trial was conducted.

[Adopted August 29, 1980, effective September 1, 1980.]

14.2 Demand for Trial

mcarroll — Mon, 31 Oct 2011 10:07:00 GMT

Any demand for trial made in felony or misdemeanor cases by a defendant pursuant to the provisions of Chapter 38, Section 103-5, Illinois Revised Statutes [725 ILCS 5/103-5], shall be in written form. No demand for trial shall be accepted by the Court nor recorded by the Clerk unless filed in accordance with this rule. The original of the written demand shall be filed at the time of the demand with the Clerk and made part of the Court file and a copy of such demand shall be served upon the State's Attorney in open court.

[Adopted February 25, 1977, effective March 1, 1977.]

14.1 Preliminary Hearings in Felony Cases

mcarroll — Mon, 31 Oct 2011 10:06:00 GMT

All preliminary hearings in felony cases are to be held within 30 days of the arrest of an accused. Preliminary hearings may be continued beyond the 30 day period only upon a showing of exceptional circumstances which warrant delay.

[Adopted May 17, 1976, effective July 1, 1976.]

18.11 Defective Arbitration Hearing Dates

mcarroll — Mon, 31 Oct 2011 10:05:00 GMT

Where the assigned date for an arbitration hearing is defective pursuant to Supreme Court Rule 88 or because the hearing date is less than thirty (30) days after a discovery closure date, litigants must request a new arbitration hearing date from the court.

[Amended July 30, 2001, effective August 1, 2001.]

18.10 Notice to the Arbitration Administration of Orders Affecting Scheduled Arbitration Hearing

mcarroll — Mon, 31 Oct 2011 10:04:00 GMT

All orders of court which affect a scheduled arbitration hearing shall be presented to the arbitration administration immediately following entry of the order by the court. Presentation should be made in person unless other arrangements have been made with the arbitration administration.

[Adopted March 29, 1994, effective April 1, 1994.]

18.9 Exhibits

mcarroll — Mon, 31 Oct 2011 10:03:00 GMT

The arbitration administration shall not be responsible for storing exhibits left by litigants with the arbitration panel. Parties wishing to retrieve exhibits are advised to do so at the time the panel tenders the award to the arbitration administration.

[Adopted March 29, 1994, effective April 1, 1994.]

18.7 Award and Judgment of Award (S. Ct. Rule 92)

mcarroll — Mon, 31 Oct 2011 10:01:00 GMT

(a) The arbitration panel shall render its award the same day the hearing is completed. The Arbitration Administration shall immediately file the award with the Clerk of the Court, who shall serve notice of the award.

[Amended July 30, 2001, effective August 1, 2001.]

18.8 Arbitration Hearings - Time Allotted

mcarroll — Mon, 31 Oct 2011 10:01:00 GMT

Arbitration awards shall be tendered to the arbitration administration no later than two
and one half (2 ½) hours after the commencement of each arbitration hearing. Should commencement of the hearing be delayed, the arbitration award shall be tendered to the arbitration administration no later than two and one half (2 ½) hours after assignment of the case to the panel. In the First Municipal District, arbitration hearings shall be heard at 8:30 a.m., 10:30 a.m. and 2:00 p.m. In all other Municipal Districts, arbitration hearings shall be heard at 8:30 a.m., 10:30 a.m., 1:30 p.m. and by an order of court at 3:00 p.m.

[Amended July 30, 2001, effective August 1, 2001.]

18.6 Conduct of Arbitration Hearings (S. Ct. Rule 90)

mcarroll — Mon, 31 Oct 2011 10:00:00 GMT

(a) The Supervising Judge for Arbitration shall have full supervisory powers with regard to questions arising in any arbitration proceeding, including the application of these rules.

(b) A stenographic record or a recording of the hearing shall not be made unless a party does so at his/her own expense. If a party has a stenographic record or a recording made, a copy shall be furnished to any other party requesting same upon payment of a proportionate share of the total cost of making the record or recordings.

(c) A statement or affidavit of a witness which may be presumptively admissible under Supreme Court Rule 90 (c) must include the name and address of the witness.

(d) Witness fees and costs shall be in the same amount and shall be paid by the same party or parties, as provided for in trials in the Circuit Court of Cook County, except as otherwise provided by Rule 90(e).

[Amended July 30, 2001, effective August 1, 2001.]

18.5 Scheduling of Arbitration Hearing (S. Ct. Rule 88 and 89)

mcarroll — Mon, 31 Oct 2011 09:59:00 GMT

(a) Cases filed after the effective date of these rules which are, on the date of filing and pursuant to these rules, subject to arbitration proceedings, should be assigned to mandatory arbitration no later than two hundred eighty (280) days from the filing date. All discovery shall have a completion date at least thirty (30) days prior to the mandatory arbitration hearing. After a case is assigned to the mandatory arbitration calendar, the discovery closure date shall not be changed except by leave of court for good cause shown.

(b) Consolidated actions shall be heard on the date assigned to the earliest claim filed, except that, in no event shall any consolidated hearings be heard earlier than sixty (60) days subsequent to the order of consolidation unless the court provided otherwise by order.

(c) Counsel shall give immediate written notification to both the court and to the Arbitration Administrator of any dismissal pursuant to any settlement of cases or changes of appearance.

[Amended July 30, 2001, effective August 1, 2001.]

18.4 Appointment, Qualification, and Compensation of Arbitrators (S. Ct. Rule 87)

mcarroll — Mon, 31 Oct 2011 09:58:00 GMT

(a) Applicants shall be eligible for appointment to serve as members of an arbitration panel, other than as chairpersons, by filing with the Arbitration Administrator an application form certifying that the applicant:

(1) has attended a mandatory arbitration seminar, and

(2) has read and is informed of the rules of the Supreme Court and the Act relating to mandatory arbitration, and

(3) is presently licensed to practice law in Illinois, and

(4) has engaged in the practice of law in Illinois for a minimum of three (3) years; or is a retired judge.

(b) Applicants, who further certify in their applications that they have engaged in trial practice in Illinois for a minimum of five (5) years, or who are retired judges, shall be eligible to serve as chairpersons.

(c) The Arbitration Administrator shall maintain an alphabetical list of persons qualified to serve as arbitrators who shall be assigned on a rotating basis. The Arbitration Administrator shall also maintain a list of those persons who have indicated on their application a willingness to serve on an emergency basis. Such individuals, when appointed to serve, shall also be assigned on a rotating basis.

(d) Except for those persons requested to serve on an emergency basis, all other persons assigned as arbitrators shall received not less than sixty (60) days notice of the date, time and place of service.

(e) Upon completion of each day of service, the Arbitration Administrator shall process the appropriate vouchers for the prompt payment of the arbitrators.

(f) The Arbitration Administrator and the Presiding Judge (or Presiding Judge's designee) shall periodically review the eligibility of attorneys currently on the alphabetical list of persons qualified to serve as arbitrators and may suspend or revoke arbitrators' eligibility within their discretion when necessary.

[Amended February 24, 2003, effective February 24, 2003.]

18.3 Actions Subject to Mandatory Arbitration (S. Ct. Rule 86)

mcarroll — Mon, 31 Oct 2011 09:56:00 GMT

(a) Mandatory Arbitration proceedings are undertaken and conducted in Cook County pursuant to approval of the Illinois Supreme Court given on December 2, 1989.

(b) All actions filed in the Municipal Districts after the effective date of these rules, involving personal injury (regardless of whether a jury demand has been filed) and those actions for property damages or breach of contract in which a timely jury demand has been filed, seeking money damages only, not to exceed THIRTY THOUSAND DOLLARS ($30,000), shall be assigned to an arbitration calendar.

The Chief Judge may determine, from time to time, which other class or classes of cases, if any, otherwise eligible for these proceedings, shall be assigned to the arbitration calendar.

(c) Actions pending on, or filed after, the effective date of these rules seeking money damages only, having a value not exceeding THIRTY THOUSAND DOLLARS ($30,000) and determined to be eligible for mandatory arbitration by the trial court may be assigned to the arbitration calendar.

[Amended July 30, 2001, effective August 1, 2001.]

18.2 Applicability of Rules

mcarroll — Mon, 31 Oct 2011 09:55:00 GMT

The mandatory arbitration program of the Circuit Court of Cook County, Illinois, is governed by the Supreme Court Rules for the Conduct of Mandatory Arbitration Proceedings (Supreme Court Rules 86-95, inclusive). Pursuant to Supreme Court Rule 86(c), these local rules are adopted, effective January 16, 1990, and as amended thereafter. Since arbitration proceedings in this circuit are governed by both sets of rules, reference is made in the caption of each local rule to the Supreme Court Rule governing the same subject.

[Amended July 30, 2001, effective August 1, 2001.]

18.1 Administration of Mandatory Arbitration

mcarroll — Mon, 31 Oct 2011 09:54:00 GMT

(a) The Chief Judge shall appoint a Supervising Judge for Arbitration in each Municipal District, who shall have the powers and responsibilities set forth in these rules and who shall serve at the pleasure of the Chief Judge.

(b) The Chief Judge shall appoint an Arbitration Administrator who shall have the authority and responsibilities set forth in these rules, and who shall serve at the pleasure of the Chief Judge.

(c) Clerical and support staff necessary for the effective administration of the arbitration program shall be appointed by the Chief Judge. The number of clerical and support personnel, and the compensation paid to such employees, shall be approved by the Supreme Court.

(d) Clerical and support personnel shall serve at the pleasure of the Chief Judge and may be removed by the Chief Judge.

(e) The amount of compensation to be paid any Arbitration Administrator or clerical and support personnel shall be paid by the State.

(f) No administrative, clerical or support personnel receiving compensation from any public funds under the provisions of these rules shall receive any compensation, gift, or gratuity whatsoever from any person, firm, or corporation for doing or refraining from doing any official act in any way connected with any proceeding then pending or yet to be instituted before any court or arbitration panel. Violation of this rule shall be grounds for immediate termination.

[Amended July 30, 2001, effective August 1, 2001.]

20.11 Evaluation

mcarroll — Thu, 27 Oct 2011 17:37:00 GMT

The Court shall collect information regarding the effectiveness of the mediation program. To facilitate this activity, mediators will supply attorneys with evaluation forms at the end of each mediation session. The attorneys are encouraged to complete, and have their clients complete, the forms and return them to the Mandatory Arbitration Center, 222 N. LaSalle St., Chicago, Illinois 60601 within ten days of the final mediation session. Mediators are encouraged to complete an evaluation form and submit it to the Mandatory Arbitration Center within ten days of the final mediation session.

Other forms may be promulgated by the Presiding Judge to aid in reporting on or evaluating the mediation process as required by Supreme Court Rule 99.

[Amended March 25, 2004, effective April 5, 2004.]

20.10 Forms

mcarroll — Thu, 27 Oct 2011 17:36:00 GMT

The following forms shall be used in conjunction with court-annexed mediation:

Form 1: Mediator Application and Self Certification Of Qualifications
Form 2: Order of Referral to Court-Annexed Mediation
Form 3: Confidentiality Agreement and Nonrepresentation Acknowledgment (Long Form- See suggested Form A)
Form 4: Memorandum of Agreement/No Agreement
Form 5: Order of Dismissal
Form 6: Mediator Report, pursuant to Supreme Court Rule 99 as a mechanism for reporting to the Supreme Court on the mediation program

20.08 Mediator Qualifications

mcarroll — Thu, 27 Oct 2011 17:35:00 GMT

(a) Court-Certified Mediators

1. The Presiding Judge of the Law Division shall maintain a list of mediators who have been certified by the Court and who have registered for appointment. The Presiding Judge may appoint an advisory committee of other judges, members of the Bar, and/or others to assist in the implementation of these Rules.

In order to be certified as a mediator in the Law Division of Cook County the applicant must meet or exceed any one of the following criteria:

(a) The applicant shall certify that he or she is currently a mediator in another State of Illinois Court Annexed Major Civil Case Mediation Program in another County in the State of Illinois;

(b) The applicant shall certify that he or she is currently a mediator in a program approved by the Presiding Judge of the Law Division of Cook County;

(c) The applicant shall certify that he or she has served as a mediator on at least ten (10) occasions in major civil cases;

(d) The applicant shall certify to having successfully completed mediation training in a program consisting of forty hours of training approved by the Presiding Judge of the Law Division of Cook County; or

(e) The applicant shall certify to having experience in the field of civil litigation as a lawyer and/or judge for at least fifteen years and to having successfully completed at least a thirty hour mediation program sponsored or approved by the Presiding Judge of the Law Division of Cook County and to having observed or participated as an advocate in at least one mediation of more than two hours in length.

2. In addition, the applicant must have held an active license to practice law in the State of Illinois for at least seven years and be one of the following:

(a) A member of the Bar in good standing with the Illinois Attorney Registration and Disciplinary Commission;

(b) A retired judge registered as active to practice law and in good standing with the Illinois Attorney Registration and Disciplinary Commission; or

(c) A retired judge or lawyer registered as inactive to practice law and in good standing with the Illinois Attorney Registration and Disciplinary Commission.

(b) Mediator General Standards

In each case, the mediator shall comply with such general standards as may, from time to time, be established and promulgated in writing by the Presiding Judge of the Law Division. The Presiding Judge may, from time to time, revise these Rules by amending Rule 20.08 to include continued legal education for all court-certified mediators.

The eligibility of each mediator to retain the status of a certified mediator may be periodically reviewed by the Presiding Judge of the Law Division. Failure to adhere to these Rules governing mediation or the general standards provided for above may result in the decertification of the mediator.

(d) Mediator Pro Bono Requirement

Each court-certified mediator shall agree to mediate one case without compensation when a Court has determined that mediation might be beneficial and that none of the parties has the resources to compensate a mediator.

20.09 Mechanism for Reporting to the Supreme Court

mcarroll — Thu, 27 Oct 2011 17:35:00 GMT

The Circuit Court of Cook County through the Office of the Chief Judge shall report the number of cases submitted to mediation pursuant to this rule to the Supreme Court. This report shall also contain the type of case and the outcomes of the mediation i.e., whether settled, not settled, or partially settled. Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year.

20.06 Discovery While Case is Being Mediated

mcarroll — Thu, 27 Oct 2011 17:34:00 GMT

Discovery shall continue while the case is being mediated unless otherwise ordered by the Court.

20.07 Confidentiality of Communications to Mediator

mcarroll — Thu, 27 Oct 2011 17:34:00 GMT

(a) General Rule of Mediator Confidentiality

All oral and written communications with the mediator at any time, other than executed settlement agreements, shall be deemed confidential and privileged in accordance with the provisions of the Uniform Mediation Act. All such communications shall be exempt from discovery and inadmissible as evidence in any action or proceeding. However, evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its use in a mediation session.

(b) Exceptions to General Rule of Mediator Confidentiality

The general rule of confidentiality does not apply:

1. In situations where professional misconduct reporting rules, such as the Rules of Professional Conduct, require reporting of a mediation communication;

2. As necessary to defend against a lawsuit or claim for malpractice or other misconduct; or

3. In the case of threat of a prospective crime or of serious imminent harm to any person.

In such circumstances, the reporting party may testify to or report only the necessary information to the appropriate authorities. The mediator shall not be compelled to provide evidence of a mediation communication in any lawsuit or claim against an attorney or party participating in the mediation.

In the event of a dispute over a settlement agreement, the Court will allow enforcement hearings only on fully executed written settlement agreements arising out of the mediation. Parties to the mediation may waive confidentiality to the extent necessary to testify at such hearings. The mediator may only testify to the existence or lack of existence of a fully executed written settlement agreement and shall not agree to or be compelled to testify as to any mediation communication or give interpretation of any mediation communication.

20.05 Completion of Mediation

mcarroll — Thu, 27 Oct 2011 17:33:00 GMT

(a) Events Constituting Completion Of Mediation

Mediation shall be considered to have been completed only upon the happening of one of the following events:

1. The entry of the parties into a written settlement agreement;

2. Certification by the mediator that the mediation has been concluded without the parties reaching any agreement; or

3. Entry of an order by the Court, upon the motion of any party, terminating the mediation for good cause shown.

(b) Completion of Mediation upon Entry into Written Settlement Agreement

If an agreement is reached, it shall be reduced to writing and signed by each of the parties. Following execution of the written settlement agreement by all parties, the parties shall file with the Court Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report).

If the parties have reached no agreement and the mediator concludes that further mediation would not be likely to result in agreement, the mediator shall complete and sign Form 4 (Memorandum of Agreement/No Agreement) and Form 6 (Mediator Report), provide a copy of same to each party, and file the same with the Court.

(d) Completion of Mediation by Court Order

Upon the motion of any party, the Court may enter an order terminating mediation at any time upon good cause shown.

(e) Mediated Agreement as a Contract Among the Parties

In the event of any breach or failure to perform under the written settlement agreement, the Court upon motion may impose sanctions, including costs, attorneys’ fees, or other appropriate remedies, including entry of judgment on the agreement.

20.03 Appointment of the Mediator and Scheduling of Mediation Session

mcarroll — Thu, 27 Oct 2011 17:32:00 GMT

(a) Appointment of the Mediator

1. Within twenty-one days after entry of the Order of Referral, the parties shall, if they are able to reach agreement on a mediator, file with the Court a stipulation designating the mediator. A mediator selected by the parties need not be on the court-certified list of mediators.

2. If the parties cannot agree upon a mediator, the parties shall, at the court appearance on the twenty-first day following the date of entry of the Order of Referral, inform the court of their failure to reach agreement. The Court shall then appoint or assist in the appointment of a court-certified mediator from the list of court-certified mediators.

3. Neither participation in any training program nor inclusion in the Court’s list of certified mediators guarantees the selection of any person as a mediator for any case.

(b) Compensation of the Mediator

Unless otherwise agreed in writing by and between the parties and the mediator, the mediator shall be compensated by the parties at the rate of $250.00 per hour. In the event that a person appointed by the Court or appointed with the Court’s assistance as the mediator refuses to accept an appointment at the rate of $250.00 an hour, the Court will appoint or assist in the appointment of an alternate court-certified mediator from the list of court-certified mediators who is willing to accept that rate.

Unless otherwise agreed by the parties or ordered by the Court upon good cause shown, each party shall pay a proportionate share of the total charges of the mediator.

Unless otherwise ordered by the Court, the first mediation session shall be held within eight (8) weeks of the date of entry of the Order of Referral. When the date, time and place of the initial mediation session have been agreed upon, the mediator shall send written confirmation of the date, time and place to all parties as well as of any other requirements of the mediation.

At least ten (10) days before the session, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party, unless the mediator has requested a different procedure to be followed. If the attorney filing the summary wishes its contents to remain confidential she/he should advise the mediator in writing at the same time the summary is delivered to the mediator. The summary shall include the facts of the occurrence, opinions on liability, all damage and injury information, and any offers or demands regarding settlement. Names of all participants and their relationship to the parties in the mediation shall be disclosed to the mediator in the summary prior to the session.

Mediation shall be completed within seven (7) weeks of the first mediation session unless extended by order of the court or by stipulation of the parties.

20.04 Conduct of the Mediation Session

mcarroll — Thu, 27 Oct 2011 17:32:00 GMT

(a) Persons Required to be Present

If a party is a public entity, that party shall be deemed to appear at a mediation session by the physical presence of (a) a representative of the party with full authority to negotiate on behalf of the party and to recommend settlement to the appropriate decision-making body and (b) the party’s counsel of record. With respect to parties who are not public entities, unless otherwise stipulated by all parties or ordered by the Court, a party shall be deemed to appear at a mediation session if all of the following persons are physically present:

1. The party or a representative of an insured party having full authority to negotiate on behalf of the party; and

2. The party’s counsel of record, if any.

If a party fails to appear at mediation session without good cause, the Court upon motion may impose sanctions against the party failing to appear. Such sanctions may include an assessment against the party failing to appear of the attorneys’ fees incurred by the other parties in preparing for and attending the mediation session and the fees of the mediator for preparing for and attending the mediation session.

(b) Communication with Parties

The mediator may, during the course of the mediation, speak privately to one or more of the parties outside the presence of other parties.

Parties and their respective counsel shall be permitted to confer privately at any time.

(d) Adjournments

The mediator may adjourn the mediation session at any time and may set times for reconvening the adjourned session. The mediator shall confirm in writing to all parties the date, time, and place for reconvening the adjourned session.

20.02 Actions Eligible for Court-annexed Mediation

mcarroll — Thu, 27 Oct 2011 17:31:00 GMT

(a) Referral by Judge or by Stipulation

The Presiding Judge, individual calendar judge, or motion judge to whom a matter is assigned may order any contested civil matter pending in the Law Division referred to mediation by entering an Order of Referral. An Order of Referral may be entered by the Court sua sponte or upon the motion of any party. Standard case management orders shall include a section addressing when the matter will be considered for mediation. In addition, the parties to any such matter may file a written stipulation to mediate any case or issue between them at any time. Any stipulation shall be incorporated into the Order of Referral. Following the entry of an Order of Referral, the parties shall participate in the court-annexed mediation as set forth in these Rules. Each Order of Referral shall set a court appearance for the twenty-first day following the date of entry of the Order of Referral (unless that date falls on a court holiday, in which case the Order of Referral shall set the court appearance for the first court day following that court holiday). The parties need appear on that date only if, by that date, they have not been able to agree upon a mediator. Upon reaching agreement as to the mediator, the parties shall file the stipulation with the Court and deliver courtesy copies to the referring judge and to the Court-Annexed Mediation Supervisor at the Mandatory Arbitration Center at 222 N. LaSalle St., Chicago, Illinois 60601.

(b) Motion to Dispense with Mediation

Within fourteen (14) days after entry of the Order of Referral, a party may move to set aside or modify the order. Upon good cause shown, the court may exercise its discretion and set aside or modify the order.

20.01 Court-annexed Mediation

mcarroll — Thu, 27 Oct 2011 17:30:00 GMT

In an effort to provide an expeditious and expense-saving alternative to traditional litigation in the resolution of controversies, there is hereby established a program of court-annexed mediation which shall operate in cases pending in the Law Division of the Circuit Court of Cook County. Mediation pursuant to this Rule involves a confidential process by which a neutral mediator, selected by the parties or selected by or with the assistance of the Court, assists the litigants in reaching a mutually acceptable agreement. The role of the mediator is to assist in identifying the issues, reducing misunderstandings, exploring and clarifying the parties’ respective interests and priorities, and identifying and exploring possible solutions that will satisfy the interests of all parties and thereby resolve some or all of the issues in dispute. Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. Parties and their representatives are required to mediate in good faith, but are not compelled to reach any agreement. A person approved by the Court to act as a mediator under this Rule shall, pursuant to Supreme Court Rule 99, have judicial immunity in the same manner and to the same extent as a judge.

22.8 Post-judgment relief

mcarroll — Thu, 27 Oct 2011 17:28:00 GMT

All post-judgment requests for relief in both civil and criminal cases must be submitted to the judge assigned to the calendar on which the final disposition was entered. On the motion of a party or the court's own motion, the case may be transferred to the calendar of the judge who entered the final disposition.

22.9 Contempt proceedings

mcarroll — Thu, 27 Oct 2011 17:28:00 GMT

(A) Generally
(1) Initiation
A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party. The petition shall state both the legal and the factual bases of the alleged contempt.
(2) Attachments
The petition must have a copy of the judgment or order alleged to have been violated attached as an exhibit.
(3) Issuance of Rule
Upon the presentation, pursuant to notice, of a verified petition or sworn testimony in open court seeking a finding of indirect civil contempt, which makes a prima facie showing of noncompliance, a judge may issue a rule to show cause. The court may issue a rule
notwithstanding the responding party=s request to file a written response.
(4) Form of order
When a judge issues a rule to show cause, the official form for a rule to show cause provided by the court shall be used.
(5) Service of rules
Unless otherwise directed by the court, service of any rule to show cause shall be as required by applicable court rules.
(6) Findings of Contempt
A finding or adjudication of contempt shall be by written order and shall contain specific
findings of fact. In cases involving child support arrears, the order shall state the exact amount of any arrearage found to be due and owing. Upon a finding of contempt that results in incarceration, a form order of commitment provided by the court shall be used.
(7) Return to Court
An order remanding a contemnor to the custody of the Cook County Department of Corrections for indirect civil contempt must include a provision that the contemnor will be returned to the court for status at periodic intervals, but in no event less frequently than every thirty (30) days.

(B) Appointment of Attorneys in Contempt Cases-Domestic Violence/Relations Lawyer Referral Program
(1) The Domestic Violence Division, in conjunction with any duly constituted, recognized bar association, will recruit attorneys to represent indigent litigants in contempt hearings in domestic violence cases. An attorney appointed by the court in such hearings shall be compensated as provided in Illinois Supreme Court Rule 299.
(2) The qualifications, rules of appointment, and administration shall be the same as found in Cook County Circuit Court Rule 13.8.

[Adopted December 29, 2010, effective immediately.]

22.6 Substitution of judge

mcarroll — Thu, 27 Oct 2011 17:27:00 GMT

(A) As of right
A motion for substitution of judge as of right shall be presented to the judge to whom the case is currently assigned. If the judge assigned to the case is unavailable, the motion shall be continued and heard when the judge returns. However, for good cause shown, the motion may be presented to the Presiding Judge of the Domestic Violence Division.

(B) For cause
A motion for substitution of judge for cause shall be presented to the judge to whom the case is currently assigned. Upon a determination that the motion should be heard by another judge, the judge to whom the case is assigned shall transfer the case to the Presiding Judge of the Domestic Violence Division, who shall assign the case to another judge for hearing.

(C) Orders granting a substitution of judge shall be accompanied by an order transferring the case to the Presiding Judge for reassignment.

22.7 Motions

mcarroll — Thu, 27 Oct 2011 17:27:00 GMT

(A) Generally
(1) All substantive motions shall be made in writing.
(2) All written motions shall have a title accurately describing the primary relief sought and be accompanied by a notice of motion.
(3) All written motions and related papers shall be filed with the Clerk of the Circuit Court of Cook County.
(4) Notice shall be in accordance with the applicable statutes and court rules.

(B) Emergency motions, except petitions and motions for emergency orders of protection.
Facts identifying the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason(s) the matter should take precedence shall be stated with particularity in an verified motion or an accompanying affidavit. This section does not apply to petitions and motions for emergency orders of protection.

22.5 Application to proceed as an indigent person

mcarroll — Thu, 27 Oct 2011 17:26:00 GMT

Applications to defend as an indigent person in a proceeding for a civil no contact order shall be presented to and heard by the Presiding Judge of the Domestic Violence Division.

22.4 Filing, Service and Assignment

mcarroll — Thu, 27 Oct 2011 17:25:00 GMT

(A) Filing and assignment
A petition for an order of protection not related to a criminal case shall be filed with the Clerk of the Circuit Court of Cook County, who will then randomly assign the case to a judge for hearing. A petition for an order of protection sought in conjunction with a criminal case may be filed only by the State=s Attorney pursuant to the Domestic Violence Act, the Stalking No Contact Order Act, or the Civil No Contact Order Act, as appropriate.

(B) Service
Service of petitions, motions and other papers shall be pursuant to the applicable law and court rules.

(C) Transfer of Cases
(1) When a petition for an independent order of protection is filed in the Domestic Violence
Division and there is a related case pending in the Domestic Relations Division, the order of protection case shall be transferred to the Domestic Relations Division by the judge to whom the case is assigned. The judge shall determine whether the transfer shall occur before or after a hearing on an emergency order of protection. When a petition for an independent order of protection is filed in the Domestic Violence Division prior to the filing of a related case in the Domestic Relations Division, the order of protection case shall be transferred to the Domestic Relations Division by the judge hearing the petition after a hearing on the emergency order of protection.
(2) A judge presiding over an independent order of protection case related to a case pending in the Domestic Relations Division may directly transfer the case to the Presiding Judge of the Domestic Relations Division for assignment. All other cases to be transferred shall be transferred to the Presiding Judge of the Domestic Violence Division for the purpose of transferring the case to another department, division or district.

(D) Reassignment of cases after disposition of criminal charges
Upon the nolle prosequi, dismissal without prejudice, or final disposition of criminal charges in a case pending in the Domestic Violence Division, cases containing the following may be transferred to the Presiding Judge for any further proceedings:
(1) unexpired order of protection entered in the same case,
(2) related independent order of protection, or
(3) unadjudicated petition for an order of protection.
Nothing contained herein precludes the judge who presided over the criminal case from entering an order of protection after disposition of the criminal charges, including an order continuing restrictions or conditions contained in the bail order.

22.2 Definitions

mcarroll — Thu, 27 Oct 2011 17:24:00 GMT

For the purposes of these rules, the following words and terms shall have the following
definitions:

(A) domestic violence case: a domestic violence case is an action or proceeding for a civil no contact order arising under the Civil No Contact Order Act (740 ILCS 22/101, et seq.), an order of protection arising under the Domestic Violence Act of 1986 (750 ILCS 60/101 et seq.), a stalking no contact order arising under the Stalking No Contact Order Act (740 ILCS 21/1, et seq.), or a criminal case involving family and household members as defined in the Domestic Violence Act of 1986, in which the most serious offense charged is aggravated stalking, any class 4 felony, or any misdemeanor, except cases arising under the Juvenile Court Act of 1987 (705 ILCS 405/1-1, et seq.), the Mental Health and Developmental Disabilities Code (405 ILCS 5/1-100, et seq.), and the Probate Act of 1975 (755 ILCS 5/1-1, et seq.), as amended; it is also any case involving family and household members, as defined in the Domestic Violence Act of 1986, through the preliminary examination or indictment, pursuant to 725 ILCS 5/109-3.1, in which the most serious offense charged is a class 1, 2, or 3 felony other than aggravated stalking;

(B) case: a case is an action or proceeding;

(D) he, him, or his: words of the masculine gender apply equally to females;

(E) related case: a related case is a case involving the same family or household members;

(F) order of protection: unless otherwise stated, the term order of protection shall mean orders of protection, stalking no contact orders, and civil no contact orders.

22.3 General Organization of the Domestic Violence Division

mcarroll — Thu, 27 Oct 2011 17:24:00 GMT

(A) Presiding Judge
The Presiding Judge shall have general administrative authority to supervise the division, including authority to coordinate the division's operations, and shall promulgate general orders as necessary to administer the division.

(B) Emergency Calendar
The Presiding Judge or his designee, shall have the authority to establish other calls and calendars for the purpose of assuring effective access to remedies available in domestic violence cases.

(C) Compliance Call
At the direction of the Presiding Judge, each calendar judge shall establish a compliance call for monitoring the compliance of respondents and defendants with orders of protection.

22.1 Purpose and Policy

mcarroll — Thu, 27 Oct 2011 17:23:00 GMT

(A) These rules set forth procedures for the Domestic Violence Division of the Circuit Court of Cook County. They are a supplement to the Domestic Violence Act, the Civil No Contact Order Act, the Stalking No Contact Order Act, the Code of Civil Procedure, the Code of Criminal Procedure of 1963, and the Rules of the Illinois Supreme Court, and are designed to facilitate the adjudication of cases heard in the Domestic Violence Division of the Circuit Court of Cook County.

(B) These rules are designed to accomplish the following:
(1) effective judicial oversight of case planning;
(2) effective coordination of the decision-making processes in related cases;
(3) use of effective case management to minimize delays in court proceedings;
(4) effective monitoring of compliance with and enforcement of the terms of orders of
protection and civil no contact orders; and
(5) a full, fair, and meaningful opportunity for all participants to be heard.

(D) References in these rules to statutes incorporate the statutes as they may be amended from time to time.

21.11 Evaluation

mcarroll — Thu, 27 Oct 2011 17:02:00 GMT

The Court shall collect information regarding the effectiveness of the mediation program. To facilitate this activity, mediators will supply attorneys with evaluation forms at the end of each mediation session. The attorneys are encouraged to complete, and have their clients complete, the forms and return them to the Mandatory Arbitration Center, 222 N. LaSalle St., Chicago, Illinois 60601 within ten (10) days of the final mediation session. Mediators are encouraged to complete an evaluation form and submit it to the Mandatory Arbitration Center within ten (10) days of the final mediation session.

Other forms may be promulgated by the Presiding Judge to aid in reporting on or evaluating the mediation process as required by Supreme Court Rule 99.

[Adopted December 13, 2006, effective January 1, 2007.]

21.10 Forms

mcarroll — Thu, 27 Oct 2011 17:01:00 GMT

The following forms shall be used in conjunction with court-annexed mediation:

Form 1: Mediator Application and Self Certification Of Qualifications
Form 2: Order of Referral to Court-Annexed Mediation
Form 3: Confidentiality Agreement and Nonrepresentation Acknowledgment
Form 4: Memorandum of Agreement/No Agreement
Form 5: Order of Dismissal
Form 6: Mediator Report, pursuant to Supreme Court Rule 99 as a mechanism for reporting to the Supreme Court on the mediation program

21.09 Mechanism for Reporting to the Supreme Court

mcarroll — Thu, 27 Oct 2011 17:00:00 GMT

The Circuit Court of Cook County through the Office of the Chief Judge shall report the number of cases submitted to mediation pursuant to this rule to the Supreme Court. This report shall also contain the type of case and the outcomes of the mediation, i.e., whether settled, not settled, or partially settled. Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year.

21.08 Mediator Qualifications

mcarroll — Thu, 27 Oct 2011 16:59:00 GMT

(A) Court-Certified Mediators

1. The Presiding Judge of the Chancery Division shall maintain a list of mediators who have been certified by the Court and who have registered for appointment. The Presiding Judge may appoint an advisory committee of other judges, members of the bar, and/or others to assist in the implementation of these rules.

In order to be considered for certification by the Presiding Judge as a mediator in the Chancery Division of Cook County the applicant must meet any one of the following criteria:

(a) The applicant shall certify that he or she is currently a mediator in another State of Illinois Court Annexed Major Civil Case Mediation Program in Cook County or in another County in the State of Illinois;

(b) The applicant shall certify that he or she is currently a mediator in a program approved by the Presiding Judge of the Chancery Division of Cook County;

(c) The applicant shall certify that he or she has served as a mediator on at least ten (10) occasions in major civil cases;

(d) The applicant shall certify to having successfully completed mediation training in a program consisting of forty (40) hours of training approved by the Presiding Judge of the Chancery Division of Cook County;

(e) The applicant shall certify to having experience in the field of civil litigation as a lawyer and/or judge for at least fifteen years and to having successfully completed at least a thirty (30) hour mediation program sponsored or approved by the Presiding Judge of the Chancery Division of Cook County and to having observed or participated as an advocate in at least one (1) mediation of more than two (2) hours in length.

(f) The applicant shall certify that he or she has been approved by the Center for Conflict Resolution.

2. In addition, the applicant must have held an active license to practice law in the State of Illinois for at least seven (7) years and be one of the following:

(a) A lawyer registered as active and in good standing with the Illinois Attorney Registration and Disciplinary Commission; or

(b) A retired judge or retired lawyer registered as retired or inactive to practice law and in good standing with the Illinois Attorney Registration and Disciplinary Commission.

(B) Mediator General Standards

In each case, the mediator shall comply with such general standards as may, from time to time, be established and promulgated in writing by the Presiding Judge of the Chancery Division. The Presiding Judge may, from time to time, revise these Rules by amending Rule 21.08 to include continued legal education for all court-certified mediators.

(C) Decertification Of Mediators

The eligibility of each mediator to retain the status of a certified mediator may be periodically reviewed by the Presiding Judge of the Chancery Division. Failure to adhere to these Rules governing mediation or the general standards provided for above may result in the decertification of the mediator by the Presiding Judge.

21.07 Confidentiality of Communications to Mediator

mcarroll — Thu, 27 Oct 2011 16:58:00 GMT

(A) General Rule Of Mediator Confidentiality

All oral and written communications with the mediator at any time shall be deemed confidential and privileged in accordance with the provisions of the Uniform Mediation Act, 710 ILCS 35/1, et seq.

(B) Privilege Against Disclosure, Waiver And Preclusion Of Privilege, And Exceptions To The Privilege

The privilege against disclosure, the waiver and preclusion of privilege, and the exceptions to the privilege shall be governed in accordance with the Uniform Mediation Act, 710 ILCS 35/1, et seq.

In the event of a dispute over a settlement agreement, a party may move the Court to enforce the settlement agreement. Parties to the mediation may waive confidentiality to the extent necessary to testify at such hearings. The mediator may testify only in accordance with the Uniform Mediation Act, 710 ILCS 35/1, et seq.

21.05 Completion of Mediation

mcarroll — Thu, 27 Oct 2011 16:57:00 GMT

(A) Events Constituting Completion Of Mediation

Mediation shall be considered to have been completed only upon the happening of one of the following events:

1. The entry by the parties into a written full or partial settlement agreement;

2. Certification by the mediator that the mediation has been concluded without the parties reaching any agreement; or

3. Entry of an order by the Court, upon the motion of any party, terminating the mediation for good cause shown;

(B) Full or Partial Agreement

If a full or partial agreement is reached, it shall be reduced to writing and signed by each of the parties.

Upon completion of the mediation, the parties shall file with the Court Form 4 (Memorandum of Agreement/ No Agreement) and Form 6 (Mediator Report).

21.06 Discovery While Case is Being Mediated

mcarroll — Thu, 27 Oct 2011 16:57:00 GMT

The Court shall decide, in its discretion, whether discovery will continue while the case is being mediated.

21.04 Conduct of the Mediation Session

mcarroll — Thu, 27 Oct 2011 16:56:00 GMT

(A) Persons Required To Be Present

If a party is a public entity, that party shall be deemed to appear at a mediation session by the physical presence of: (a) a representative of the party with full authority to negotiate on behalf of the party and to recommend settlement to the appropriate decision-making body; and (b) the party’s counsel of record. With respect to parties who are not public entities, unless otherwise stipulated by all parties or ordered by the Court, a party shall be deemed to appear at a mediation session if all of the following persons are physically present:

1. The party, or in the event a party is not a natural person, a representative of a party having full authority to negotiate a settlement on behalf of the party or a representative of an insured party having full authority to negotiate on behalf of the party; and

2. The party’s counsel of record, if any; or

3. In a class action mediation, the Court has the discretion to determine whether the class representative will be required to attend. If a party fails to appear at mediation session without good cause, the Court upon motion may impose sanctions against the party failing to appear. Such sanctions may include an assessment of the attorneys’ fees incurred by the other parties in preparing for and attending the mediation session and the fees of the mediator for preparing for and attending the mediation session.

(B) Communication With Parties

The mediator may, during the course of the mediation, speak privately to one or more of the parties outside the presence of other parties.

Parties and their respective counsel shall be permitted to confer privately at any time.

(D) Adjournments

(E) Termination of Mediation

Upon the motion of any party, the Court may enter the order terminating mediation at any time for good cause shown.

21.03 Appointment of the Mediator and Scheduling of Mediation Session

mcarroll — Thu, 27 Oct 2011 16:55:00 GMT

(A) Appointment Of The Mediator

1. Within twenty-one (21) days after entry of the Order of Referral, the parties shall, if they are able to reach agreement on a mediator, file with the Court a stipulation designating the mediator. A mediator selected by the parties need not be on the court-certified list of mediators.

2. If the parties cannot agree upon a mediator, the parties shall, at the court appearance on the twenty-first day following the date of entry of the Order of Referral, inform the court of their failure to reach agreement. The Court shall then appoint or assist in the appointment of a court-certified mediator from the list of court-certified mediators. The Court may also appoint a mediator from the Center for Conflict Resolution. When appointing a mediator from the Center for Conflict Resolution, the Court will consider the following factors: financial hardship, the need of the parties to preserve a continuing relationship, the need for an expeditious resolution of the matter, whether there exist matters of community concern and any other circumstance that would cause the parties to be unduly burdened.

3. Neither participation in any training program nor inclusion in the Court’s list of certified mediators guarantees the selection of any particular individual as a mediator for any case.

(B) Compensation Of The Mediator

Where the parties are able to reach an agreement as to the identity of the mediator without Court assistance, the parties and the mediator shall agree in writing as to the rate of compensation. Where the Court appoints the mediator or assists with the appointment, the parties will first attempt to reach an agreement as to the rate of compensation. In the event that a person appointed by the Court or appointed with the Court’s assistance declines to accept an appointment at the rate of $250.00 an hour, the Court will appoint or assist in the appointment of an alternate court-certified mediator from the list of court-certified mediators who is willing to accept that rate.

Unless otherwise agreed by the parties or ordered by the Court, upon good cause shown, each party shall pay a proportionate share of the total charges of the mediator. Upon the failure of any party to pay its proportionate share of the expense of the mediation, the Court may enforce the obligation to pay upon motion of any party or the mediator.

The Center for Conflict Resolution, a not-for-profit organization, will mediate referred cases without a charge to the parties as a service to the Court. The Center for Conflict Resolution shall comply with the Illinois Not-For-Profit Dispute Resolution Center Act, 710 ILCS 20/1 et. seq.

Unless otherwise ordered by the Court, the first mediation session shall be held within five (5) weeks of the date of entry of the Order of Referral. When the date, time and place of the initial mediation session have been agreed upon, the mediator shall send written confirmation of the date, time and place to all parties as well as of any other requirements of the mediation.

At least ten (10) days before the initial session, each side shall present to the mediator his or her required submissions. If the attorney or party presenting a submission wishes its contents to remain confidential she/he shall so advise the mediator in writing at the same time the submission is delivered to the mediator.

Mediation shall be completed within seven (7) weeks of the first mediation session unless extended by Order of the Court.

21.02 Actions Eligible for Court-Annexed Mediation

mcarroll — Thu, 27 Oct 2011 16:54:00 GMT

(A) Referral By Judge Or By Stipulation

The judge to whom a matter is assigned may order any contested civil matter pending in the Chancery Division referred to mediation by entering an Order of Referral. An Order of Referral may be entered by the Court sua sponte, pursuant to motion, or by stipulation of the parties. The Court shall address mediation issues at the initial case management conference, although the matter may be subject to the Order of Referral at any time. Any stipulation shall be incorporated into the Order of Referral. Parties are encouraged to include in their stipulation to mediate the number of sessions they agree to attend and the allocation of the costs of the mediation. Following the entry of an Order of Referral, the parties shall participate in the court-annexed mediation as set forth in these Rules. Each Order of Referral shall set a court appearance for the twenty-first day following the date of entry of the Order of Referral (unless that date falls on a court holiday, in which case the Order of Referral shall set the court appearance for the first court day following that court holiday). The parties need appear on that date only if, by that date, they have not been able to agree upon a mediator. Upon reaching agreement as to the mediator, the parties shall file the stipulation with the Court and deliver courtesy copies to the referring judge and to the Court-Annexed Mediation Supervisor at the Mandatory Arbitration Center at 222 N. LaSalle St., Chicago, Illinois 60601.

(B) Motion To Dispense With Mediation

21.01 Chancery Division Court-Anexed Mediation

mcarroll — Thu, 27 Oct 2011 16:53:00 GMT

In an effort to provide an expeditious and expense-saving alternative to traditional litigation in the resolution of controversies, there is hereby established a program of court-annexed mediation which shall operate in cases pending in the Chancery Division of the Circuit Court of Cook County. Mediation pursuant to this Rule involves a confidential process by which a neutral mediator, selected by the parties or selected by or with the assistance of the Court, assists the litigants in reaching a mutually acceptable agreement. The role of the mediator is to assist in identifying the issues, reducing misunderstandings, exploring and clarifying the parties’ respective interests and priorities, and identifying and exploring possible solutions that will satisfy the interests of all parties and thereby resolve some or all of the issues in dispute. Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. Parties and their representatives are required to mediate in good faith, but are not compelled to reach any agreement. A person approved by the Court to act as a mediator under this Rule shall, pursuant to Supreme Court Rule 99, have judicial immunity in the same manner and to the same extent as a judge.

19A.20 Filing of Information with the Court

mcarroll — Thu, 27 Oct 2011 16:51:00 GMT

A copy of all documents, records or other materials, including but not limited to all Illinois Department of Children and Family Services reports and evaluations and clinical or diagnostic psychological and psychiatric reports considered in the evaluation of the minor, the family of the minor and all members of the minor's household and all other relevant material, shall be filed with the Court prior to any hearing on any petition involving the minor and/or the family of the minor. Any material submitted to the Court pursuant to this paragraph shall be held strictly confidential. The person or agency submitting the documents, records or other materials may submit a request to the Court limiting release of the information. If a request is submitted, the Court may only release the information after an in-camera inspection of the material, notice to interested parties, and a hearing to determine whether any of the information is privileged or protected under any statute of the State of Illinois. If the Court decides that the material is neither privileged nor protected, then the Court may release the information, if the release is in the best interest of the child.

[Adopted December 28, 1993, effective January 1, 1994.]

APPENDIX A

PETITION FOR ADJUDICATION OF WARDSHIP

STATE OF ILLINOIS

COUNTY OF COOK

)
) SS
)

IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, JUVENILE DIVISION

IN THE INTEREST OF

Minor(s)

)
)
)
)
)
)

No.

PETITION FOR ADJUDICATION OF WARDSHIP

___ ORIGINAL ___SUPPLEMENTAL ___ ____________________SUPPLEMENTAL

Now comes __________________________________, and petitions this court to adjudicate_______________________,
a ward of the court. In support, petitioner, on oath or affirmation, based on information or belief states as follows:
1. __________________________________________ is a (male/female) minor born on______, 19___, who
resides or may be found in this County at ____________________________________________, Illinois ___________.
2. The names and residence addresses of the minor's parents, legal guardian, and/or custodian

	Name	Residence Address	City and State
Father:
Mother:
Legal Guardian:
Custodian:

The minor and the persons named in this paragraph are designated respondents.
3. The minor was
_____ not taken into protective custody.
_____ taken into protective custody on _____, 19______, at ______(a.m./p.m.).
4. A Temporary Custody hearing has been set for ____, 19_____, at______(a.m./p.m.).

( )5. The minor was neglected pursuant to Juvenile Court Act, section
_____ 2-3(1)(a), (lack of care), the facts supporting this are _______________________
_____ 2-3(1)(b), (injurious environment), the facts supporting this are ______________
_____ 2-3(1)(c), (drug exposed infant), the facts supporting this are ________________
( )6. The minor was abused pursuant to Juvenile Court Act, section
_____ 2-3(2)(i), (physical abuse), the facts supporting this are ___________________
_____ 2-3(2)(ii), (substantial risk/physical injury), the facts supporting this are ________
_____ 2-3 (2) (iii), (sexual abuse), the facts supporting this are ____________________
_____ 2-3 (2)(iv), (torture), the facts supporting this are __________________________
_____ 2-3(2)(v), (excessive corporal punishment), the facts supporting this are _________
7. The minor is dependent pursuant Juvenile Court Act section 2-4, the facts supporting this are_____________________________________________________________
8. It is in the best interest of the minor and the public that the minor be adjudged a ward of the court.
WHEREFORE, petitioner prays that the minor be adjudged a ward of the court and that the court enter such orders as are in the best interest of the minor and other relief under the Juvenile Court Act.

__________________________________________
Petitioner
__________________________________________

Family Folder Number ___________________
Key Date of individual responsible for case ______________
MARS/CYSIS Number _____________________________

VERIFICATION

I, _________________________________, being first duly sworn on oath, depose and state that I am (an employee of the Illinois Department of Children and Family Services/ ___________________________), that I have read the foregoing Petition and am familiar with the contents and allegations contained therein and that, to the best of my knowledge and belief, the contents and allegations are true and correct.

__________________________
Subscribed and sworn to
before me __________,19____.

__________________________
Notary Public of the
Clerk of the Court

[Adopted December 31, 1992, effective January 4, 1993.]

APPENDIX B

Motion for Temporary Custody

IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, JUVENILE DIVISION

IN THE INTEREST OF

Minor(s)

)
)
)
)
)
)

No.

MOTION FOR TEMPORARY CUSTODY

Now comes ____________________, and moves this court to appoint _________________________temporary
custodian of _________________________________.
In support, petitioner states as follows:
1. There is probable cause that the minor is (abused/neglected/dependent), pursuant to Ill. Rev. Stat., ch. 37, par. _____________[705 ILCS 5/___], as detailed in the attached Petition for Adjudication of Wardship.
2. There is immediate and urgent necessity to take the child into temporary custody, pursuant to Ill. Rev. Stat., ch. 37, par. 10 [705 ILCS 5/5], in that ____________________________________________________
___________________________________________
3. Reasonable efforts
_____ have been made but have not removed the immediate and urgent necessity to remove the child from the home.
_____ cannot prevent or eliminate the necessity of removal of the minor from the home.
_____ have not been made.
_____ does not apply (private or temporary custodian).

WHEREFORE, petitioner moves this court to enter a Temporary Custody Order appointing _____________________, in
accordance with this motion and enter appropriate findings.
__________________________________________

[Adopted December 31, 1992, effective January 4, 1993.]

APPENDIX C

Notice of Motion

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, JUVENILE DIVISION
IN RE THE PETITION OF ADJUDICATION OF WARDSHIP OF Minor(s)	) ) ) ) ) )	No.

NOTICE OF MOTION

TO:

On _________, 19_____at _______.m., or as soon thereafter as counsel may be heard, I shall appear before the
Honorable ___________________________________, or any judge sitting in his/her stead, in courtroom
number ______________in the Juvenile Court Building, Chicago, IL, or the courthouse located at ______________________ and present the attached pleading requesting:___________________________________
______________________________________________

Attorney Signature:__________________________
Name:
Attorney for:
Address:
City, State, Zip:
Telephone:
Attorney Code Number:

___________________________________________
CERTIFICATE AND AFFIDAVIT OF DELIVERY
(PERSONALLY OR BY MAIL)

The undersigned hereby certifies under penalties of perjury as provided by law pursuant to Ill. Rev. Stat., ch. 110, par. 1-109 [735 ILCS 5/1-109], that the above notice and any attached pleadings were ( ) personally delivered or ( )placed in the U.S. mail at ___________, with first class postage prepaid and directed to the parties at the addresses set forth above (at) (before)____________________.m. on ____, 19____.

____________________________
(signature)
__________________________________________
(print name)

[Adopted December 31, 1992, effective January 4, 1993.]

19A.19 Child Protection Mediation Program

mcarroll — Thu, 27 Oct 2011 16:50:00 GMT

(i) Actions eligible for referral to mediation.

(a) Child Protection Cases. Pursuant to Supreme Court Rule 905(a), the Child Protection Mediation Program shall make mediation available in all cases involving the custody of or visitation with a child that are initiated under article II of the Juvenile Court Act of 1987. The mediation program focuses on issues pertaining to temporary or permanent custody and visitation. Any matter or conflict that may be delaying or impeding visitation or any custody determination is appropriate for mediation. When the court determines that a matter is appropriate for mediation it shall be referred to mediation regardless of the stage of the child protection proceeding. However, cases shall be excused from mediation if the court determines that an impediment to mediation exists. In Child Protection cases, attorneys, social workers, CASA volunteers, family members, or any other individual involved in the case may request that it be referred to mediation. The Court may also refer cases to mediation sua sponte and over any party's objection.

(b) Other Cases. Pursuant to Supreme Court Rule 905(a), the Child Protection Mediation Program shall make mediation available in all cases involving custody of or visitation with a child that are initiated under articles III and IV of Juvenile Court Act of 1987, and guardianship matters involving a minor under article XI of the Probate Act of 1975. Any matter or conflict that may be delaying or impeding visitation or any custody determination is appropriate for mediation. When the court determines that a matter is appropriate for mediation it shall be referred to mediation regardless of the stage of the proceeding. However, cases shall be excused from mediation if the court determines that an impediment to mediation exists. In such cases, attorneys, social workers, probation officers, family members, or any other individual involved in the case may request that it be referred to mediation. The Court may also refer cases to mediation sua sponte and over any party's objection.

(ii) Appointment, qualifications and compensation of the mediators.

(a) Appointment of Mediators. The Presiding Judge of the Child Protection Division, with the consent and approval of the Chief Judge of the Circuit Court of Cook County, will appoint mediators.

(b) Mediator Qualifications. Mediators shall possess one or more of the following: (1) a bachelor's, master's, or doctoral degree in psychology, social work, marriage and family therapy, conflict resolution, or other behavioral science, substantially in the field of juvenile and family law related to family relations, domestic violence, or child development, from an accredited college or university; (2) a Juris Doctorate degree with demonstrated experience; or (3) a background in mediation with experience acceptable to the Court to be served. All mediators hired after the adoption of this rule shall successfully complete a minimum 40-hour mediation training skill program conducted by the Center for Conflict Resolution or comparably recognized training program, or provide verifiable evidence of prior successful completion of such a program and recent mediation experience acceptable to the Presiding Judge of the Child Protection Division. Mediators shall also have knowledge and/or experience in the workings of the local child protection and juvenile court systems, the dynamics of child welfare administration, and local community resources.

(c) Mediator Compensation. Mediators will be compensated pursuant to personnel grade levels as approved by the Cook County Board.

(iii) Scheduling of mediation conferences. Referral to mediation shall be made by Order to Mediation. Mediation sessions shall be held at a location provided by the Court. When a case is referred to mediation, program staff will prepare all necessary court orders and will work with court personnel, the parties, and other involved individuals to schedule a date and time for the initial mediation session and any subsequent sessions that may be required to fully address the referred issues and other issues raised during the initial session. All individuals expected to participate in mediation sessions must complete intake forms and submit them to mediation staff. When a case is ordered to mediation, a return date before the Judge will also be set.

(iv) Conduct of the conferences.

(a) Who May Participate. The Court may order and the Child Protection Mediation Program anticipates that parents, guardians, foster parents, attorneys, guardians ad litem, social workers, and CASA volunteers will actively participate in the mediation sessions. Other professionals involved with the family, such as counselors, sponsors, and school personnel may be included. In addition, in some cases individuals involved with a participant in a supportive capacity may be permitted to accompany the participant to mediation and to participate in the session if his or her participation is likely to help resolve the issues. However, the actual list of participants included in any mediation session will be determined on a case-by-case basis. Following the initial mediation session, subsequent sessions may be scheduled which include various combinations of individuals who participated in the initial sessions, as well as others who did not previously participate. The mediators have the discretion to exclude an individual if they determine that doing so would advance the mediation process and the discussion focused on the best interests of the child.
The mediators may conduct a child interview prior to the session to determine whether it is appropriate for the minor to participate in the mediation. The minor's guardian ad litem, attorney, and/or case manager may be present during the interview. The Child Protection Mediation Program shall make all final determinations as to the appropriateness of a minor's participation in the mediation process.

(b) The Mediation Process. The Child Protection Mediation Program typically utilizes a facilitative co-mediation model which involves: an orientation by one of the mediators; brief opening statements by each of the participants; open discussions facilitated by the mediators; and caucuses with select individuals in various combinations as needed.

(c) Use of Interpreters. Whenever possible, the mediation conferences shall be conducted in the shared language of the participants. When the participants speak different languages, court-certified interpreters will be assigned to translate.

(v) Discovery. Pursuant to the Uniform Mediation Act, 710 ILCS 35/1 et seq., mediation communications are privileged against disclosure and not subject to discovery or admissible in evidence in a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery. Mediation communications are also privileged against disclosure and not subject to discovery or admissible in evidence in a legislative hearing or similar process. Disclosure of mediation communications shall not be compelled in any arbitration, administrative hearing, adjudication, civil action, or non-criminal proceeding in which, pursuant to law, testimony can be compelled to be given. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissable or protected from discovery solely by reason of its disclosure or use in mediation.

(vi) Absence of party at conference and sanctions. Participation in all mediation sessions required to address the issues referred to mediation, and other issues raised during the initial session, is mandatory for all persons ordered by the court to participate. A mandated person who fails to participate in the mediation may be subject to court-ordered sanctions. Upon agreement of those present, a mediation session may proceed in the absence of an ordered individual if the mediators deem it appropriate.

(vii) Termination and report of mediation conference.

(a) Termination. Each session will end with the consensus of the parties unless a mediator determines the session should be terminated prior to such consensus. The mediators shall have the power to suspend or terminate the mediation process if it is determined that the mediation cannot be conducted in a safe and balanced manner. The mediator shall also suspend or terminate the mediation process if it is determined that any party is unable to participate in an informed manner for any reason, including fear or intimidation.

(b) Mediation Report. A mediation report, indicating the number of sessions conducted pursuant to the Order to Mediation, and a continuance order shall be completed by the mediators at the end of each mediation session and submitted to the Court. The report shall also inform the Court if an ordered party failed to appear. Additionally, the report shall indicate whether the mediation parties reached full agreement, partial agreement, or no agreement. Any agreement reduced to writing shall be attached to the mediation report. Oral agreements will be recorded as no agreement for the purpose of the mediation report. If the mediation did not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated amongst the parties in attendance, and whether the case has been or will be reset for mediation. If, after the initial meeting, it was determined that the case was not suitable for mediation at the time, the report will so indicate.

(viii) Finalization of agreement. If agreement is reached by the mediation parties and they wish to reduce their agreement to writing, the mediators will assist the mediation parties in memorializing their agreement. Any executed Memorandum of Agreement is tendered to the Court for approval. Once the Court approves and enters the Memorandum of Agreement, it is fully enforceable by the Court.

(ix) Confidentiality. Except as provided in paragraph (a) below, all mediation communications occurring during the course of the Child Protection mediation process shall remain confidential in accordance with the terms of the Uniform Mediation Act. Mediation communications shall not be disclosed in meetings, case reviews, staffings, or in similar settings. In addition, mediation communications shall not be recorded in memoranda, case notes, reports, case plans, uniform progress reports, or similar documents.

(a) Exceptions. In the Cook County Child Protection mediation process, any mediator or mediation participant may disclose:

(1) new allegations of abuse or neglect that are revealed during the mediation process;
(2) threats or statements made in mediation where failure to disclose is likely to result in serious or imminent harm to any person;
(3) communications that activate mandatory reporting obligations, in accordance with the provisions of the Abused and Neglected Child Reporting Act (325 ILCS 5/1-5/4), of any mediator, mediation party, or nonparty participant;
(4) mediation communications that are included in any Memorandum of Agreement ; and
(5) as otherwise expressly provided by law.

(x) Mechanism for reporting to the Supreme Court on the mediation program. The Circuit Court of Cook County through the Office of the Chief Judge shall report to the Supreme Court the number of cases submitted to mediation pursuant to this rule. This report shall also contain the type and number of issues resolved through the mediation program. Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year.

[Amended, effective May 6, 2008.]

19A.18 Records and Exhibits

mcarroll — Thu, 27 Oct 2011 16:49:00 GMT

(A) Preservation of Records and Exhibits

A verbatim record of all stages of the proceedings shall be kept, either by stenographic reporter or recording device. Exhibits admitted into evidence shall be retained by the court for seven years after the dismissal of all proceedings regarding child, unless preservation of the exhibit is impractical or the parties agree that it is no longer necessary.

(B) Obtaining Transcripts

Transcripts shall be available to attorneys for parties on request. Transcripts ordered by the court or parties shall be tendered within thirty (30) days.

[Adopted December 31, 1992, effective January 4, 1993.]

19A.16 Contents of Stipulation

mcarroll — Thu, 27 Oct 2011 16:48:00 GMT

(A) The parties shall provide the court with the following information in connection with any stipulation or uncontested adjudication:

(1) Agreed upon facts supporting an adjudication of neglect, dependency or abuse; and

(2) Agreed upon facts supporting court involvement regarding parental problems, conduct or condition.

(B) Before accepting a stipulation or an admission the court shall determine that the parties understand the content and consequences of the admission or stipulation and that they voluntarily consent. Written copies of the stipulation shall be provided to the parties and their counsel.

[Adopted December 31, 1992, effective January 4, 1993.]

	)	No.
	)
	)	Action for:
Plaintiff	)
	)	Possession________________
v.	)	Rent Amount Claimed $________________
	)
	)	Trial Date________________
Defendant	)
	)	Trial Time________________