GENERAL ORDER NO. 15.3,3.8 - Assignment of Cases in the Suburban Municipal Districts


a. Judges assigned suburban Domestic Relations calendars are designated Individual Calendar Judges and shall hear all aspects of cases assigned to them, including pre-judgment, trial, and post-judgment matters. Court support services authorized by Circuit Court Rule, including, but not limited to psychiatric evaluations, mediation and parenting education, shall be provided as directed by the judge.

b. Domestic Relations Divisions actions may be filed in and transferred to suburban municipal district court locations as designated by the Chief Judge as follows:

(i) Original Domestic Relations cases may be filed at the designated suburban municipal district court locations if at least one of the parties resides within the geographical boundaries of the respective suburban district. Cases so filed shall receive a suburban "D" case number designating the courthouse location by the municipal district number.

(ii) Default prove-ups pending on calendars in the Richard J. Daley Center in which at least one of the parties resides within the geographical boundaries of the suburban district, may be transferred to such suburban municipal district court location for hearing upon motion by the petitioner.

(iii) Uncontested causes pending on calendars in the Richard J. Daley Center in which at least one of the parties resides with the geographical boundaries of the suburban district, may be transferred to such suburban municipal district court location for hearing upon agreement of both parties.

(iv) Contested pre-judgment matters pending on calendars in the Richard J. Daley Center in which both parties reside within the geographical boundaries of the suburban municipal district, may be transferred to such suburban municipal district court location upon agreement of both parties and a finding of good cause by the Presiding Judge of the Domestic Relations Division.

(v) Where judgment in a case is entered in the Richard J. Daley Center, post-judgment matters may be transferred to the suburban municipal district court location in which both parties reside, upon agreement by the parties and a finding of good cause by the Presiding Judge of the Domestic Relations Division.

c. Domestic Relations Division actions may be transferred from suburban municipal district court locations to the Richard J. Daley Center location as follows:

(i) Pre-judgment matters: Removal of a pre-judgment case filed within a suburban municipal district shall occur when the Respondent files his/her first appearance together with a District Transfer Form, pursuant to Domestic Relations General Order 98-D-2. Cases removed from the suburban municipal district pursuant to this paragraph shall be transferred to the Presiding Judge of the Domestic Relations Division for assignment within the Domestic Relations Division in the Richard J. Daley Center. Such a transfer shall not be deemed an exercise of statutory rights for "Substitution of Judge." The provisions of this paragraph shall not apply to independent petitions for civil orders of protection arising under the Illinois Domestic Violence Act. If a petition for an order of protection is filed in conjunction with another Domestic Relations proceeding, the provisions of this paragraph shall not apply unless the District Transfer Form, objecting to location, is filed more than 48 hours prior to the date set for hearing and the petitioner or petitioner's attorney is notified thereof, consistent with existing court rules.

(ii) Post-judgment matters: Post-judgment matters will remain in the suburban municipal district court location in which judgment was entered unless objected to by one or both of the parties. If neither party resides in the suburban municipal district at the time of filing of the post-judgment matter, either party may have the matter removed from the suburban location upon a finding of good cause by the Presiding Judge of the Domestic Relations Division. Cases removed from suburban calendars pursuant to this paragraph shall be transferred to the Presiding Judge of the Domestic Relations Division for reassignment within the Domestic Relations Division in the Richard J. Daley Center. Such a transfer shall not be deemed an exercise of statutory rights for "Substitution of Judge". The provisions of this paragraph shall not apply to independent petitions for civil orders of protection arising under the Illinois Domestic Violence Act.

d. Initial and subsequent pleadings for cases pending in the Richard J. Daley Center may be filed in the Office of the Clerk of the Court in any of the suburban municipal districts and will be transmitted by the Clerk to the Richard J. Daley Center. Initial and subsequent pleading for cases pending on a suburban district calendar shall be filed in the Office of the Clerk of the Court in the suburban municipal district where the case is pending or in the Office of the Clerk of the Court in the Richard J. Daley Center who will transmit such pleadings to the appropriate suburban municipal district location.

e. Nothing within this order shall limit either party from the exercise of his/her rights for substitution of judge pursuant to 735 ILCS 5/2-1001. However, any request granted for substitution of judge from a suburban municipal district calendar judge shall result in a transfer of the case to the Presiding Judge of the Domestic Relations Division for reassignment.

f. The Presiding Judges of those municipal districts in which actions of the Domestic Relations Division are filed and heard shall be deemed supervising judges in the Domestic Relations Divisions for the purpose of facilitating case flow management.

[Effective October 1, 1998.]