23.4 Filing, Service and Assignment


(A) Filing and assignment

Except for the following, an initial filing (complaint or petition) in an elder law case 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:

1.  A petition for an order of protection shall be filed pursuant to Part 22 of the rules of this court.

2.  In a criminal case, an information may be filed only by the state=s attorney and an indictment may be presented only by a grand jury pursuant to the Code of Criminal Procedure of 1963, 725 ILCS 5/100‑1, et seq.

(B) Service

Service of initial filings, motions, and other papers shall be pursuant to the applicable law and court rules.

(C) Transfer of Cases to the Elder Law and Miscellaneous Remedies Division


When a civil case is filed in the Domestic Violence Division or in the Municipal Department, First District, the judge assigned shall determine whether a transfer to the Elder Law and Miscellaneous Remedies Division is appropriate.  If appropriate, the assigned judge shall then transfer the case to the Elder Law and Miscellaneous Remedies Division.  All transfers pursuant to this subsection shall be effected as otherwise provided in the rules of this court.  Nothing in this rule shall limit a judge=s discretion to transfer a case whenever such action is found to be appropriate.

(D) Transfer of Cases from the Elder Law and Miscellaneous Remedies Division.

Cases shall be transferred to other divisions of the court pursuant to the rules of this court.

(E) Related Cases

A judge assigned to an elder law case who finds it is in the interests of justice that adjudication of related cases be consolidated before a single judge or on a single calendar may transfer the case pursuant to the rules of this court.  In exercising transfer authority, it is expected judges assigned to related cases will confer as needed on the manner in which the interests of justice and judicial economy can best be served.  All transfers pursuant to this subsection shall be effected as otherwise provided in the rules of this court.

(F) 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 pursuant to Part 22 of the rules of this court 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.

Dated this 29th day of August, 2013, effective immediately. This Rule shall be spread upon the records of this Court and published.

ADOPTED BY A MAJORITY OF THE JUDGES OF

THE CIRCUIT COURT OF COOK COUNTY.