Part 13 - Domestic Relations Proceedings

Domestic Relations Cases - A Domestic Relations case is defined as any proceeding, including but not limited to, a proceeding seeking an order or judgment relating to dissolution of marriage or civil union, declaration of invalidity of marriage or civil union, legal separation, child support and maintenance,  allocation of parental responsibilities, visitation by a non-parent, or determination of parentage arising under the Illinois Marriage and Dissolution of Marriage Act, the Illinois Religious Freedom Protection and Civil Union Act, the Hague Convention on the Civil Aspects of International Child Abduction, the Illinois Parentage Act of 2015, the Illinois Uniform Premarital Agreement Act, Non-Support of Spouse and Children Act, Non-Support Punishment Act, Revised Uniform Reciprocal Enforcement of Support Act, Uniform Interstate Family Support Act, Expedited Child Support Act, Income Withholding for Support Act, Emancipation of Mature Minors Act, Uniform Child Custody Jurisdiction Enforcement Act, Rights of Married Persons Act, and related Acts and any petition for an order of protection where there is a pending dissolution or parentage matter. Such proceedings also include all post-judgment matters relating thereto and all other matters that may be brought in the Domestic Relations Division as provided in the General Orders promulgated by the Circuit Court of Cook County, Illinois.

a) Presiding Judge - The Presiding Judge of the Domestic Relations Division of the Circuit Court of Cook County shall have general administrative supervision of the Domestic Relations Division including Family Mediation Services. The Presiding Judge of the Domestic Relations Division also shall have the authority to promulgate General Orders as necessary to administer the Division. In addition, the Presiding Judge shall have the authority to increase or decrease the number of individual calendar and team calendar judges as well as create new calendars in the Division.

b) Teams, Composition of Teams - There shall be established teams of judges to which cases shall be assigned randomly. The calendar of cases so assigned shall be administered by the team from commencement through post-judgment. The number of teams and the number of judges assigned to each team will be determined by the Presiding Judge of the Domestic Relations Division.

c) Three-Phase Proceedings - Each case in the Division shall proceed through three phases. The first phase shall be known as the pre-trial phase; the second phase shall be designated as the trial phase; and the third phase shall be identified as the post-judgment phase.

i. Preliminary Judges - At least one member of the judicial team shall be designated by the Presiding Judge as a preliminary judge. The judge so designated shall hear all matters prior to the trial of the case unless in the court’s discretion, it assigns matters to other judges on its team. Those pre-trial matters shall include but not be limited to the following:

1.Petitions and motions of every kind;
2.Cases assigned to mediation and emergency intervention;
3. Pre-trial settlement conferences; and
4. Assignment of cases for trial or final disposition within the team.

The preliminary judge for each team shall be responsible for monitoring case progress, including case management conferences. When the preliminary judge certifies that a contested case is ready for trial, the case will be placed on the trial call and assigned to one of the available trial judges on the team, and if none are available, to the Presiding Judge for assignment.

ii. Trial Judges - All judges assigned to a team, with the exception of the preliminary judge, are trial judges. The trial judges shall hear the following matters:

1.Default hearings and cases heard by stipulation;
2.Contested trials;
3.Post-Judgment Matters; and
4.Such other matters as may be assigned to the trial judge.

To the fullest extent possible, trial judges shall hear matters on a continuous day basis until conclusion of a trial.

iii. Post-Judgment Judges - At least one member of the judicial team shall be designated to hear post-judgment matters. The judge so designated shall hear all post-judgment matters after the entry of a final and appealable judgment arising from contested trials or default, stipulated prove-ups heard by the trial team, all post-judgment matters arising from judgments entered and assigned to that team, and such other matters that are assigned to the post-judgment judge.

d) Individual Calendar Judges - There shall be established individual calendars in the Domestic Relations Division that shall function as a team calendar with the judge undertaking all of the team calendar functions, to which cases shall be assigned randomly. Judges assigned as individual calendar judges shall be responsible for all aspects of cases assigned to them, including pre-judgment, trial, and post-judgment matters.

e) Expedited Hearing Calendar - The Presiding Judge has the authority to designate one or more judges to an expedited hearing calendar to expedite cases heard in the Domestic Relations Division.

f) Emergency Calendar

i. At the discretion of the Presiding Judge, one of the judges of the Domestic Relations Division shall be designated as an emergency judge on a daily basis.

ii. Whenever possible, emergency matters should be brought before the judge to whom the case is assigned.

iii. If the judge to whom the case is assigned is unavailable, the emergency matter shall be brought before the judge who is designated as the emergency judge for the day.

g) Reconciliation Calendar - There shall be established a reconciliation calendar for parties attempting to reconcile. Assignment to this calendar may be made by the judge to whom the case is assigned or the Presiding Judge, by the written agreement of both parties. The agreement shall specifically state that the parties are requesting that proceedings be suspended during the time they are seeking a reconciliation. The petition or agreement shall also be accompanied by a reconciliation plan which shall specifically state what the parties are doing in an attempt to reconcile. During this period, no progress shall be required of the case, except as hereinafter provided.

i. All cases on the reconciliation calendar shall be called for status within one year, and if the matter has been on the calendar for one year it will be dismissed or returned to the active calendar. If the case has been on the reconciliation calendar for less than one year on the status date, then the court may continue the case on the reconciliation calendar for a period not to exceed one year. Failure of the petitioner to respond to the status call shall result in a dismissal for want of prosecution.

ii. Upon motion of either party, the case shall be removed from the reconciliation calendar and returned to the active calendar.

iii. During the pendency of any case on the reconciliation calendar, all prior orders of court, including access to the court for enforcement and discovery, shall be considered suspended, unless otherwise expressly agreed to by the parties or ordered by the court.

h) Collaborative Process Calendar – There shall be established a collaborative process calendar for parties who have signed a collaborative process participation agreement pursuant to the Collaborative Process Act, 750 ILCS 90/1, et seq., and are seeking to resolve a collaborative process matter related to a pending proceeding. Assignment to this calendar may be made by the judge to whom the case is assigned or the Presiding Judge, after notice of the participation agreement has been filed, upon petition with agreement of each party’s collaborative process lawyer. The petition shall specifically state that the parties are requesting that proceedings be suspended and stayed during the time they are seeking a resolution through the collaborative process and shall be accompanied by a notice of filing that the participation agreement has been signed. Upon the court granting the petition, no progress shall be required of the case during its pendency on the collaborative process calendar, except as hereinafter provided.

i. All cases on the collaborative process calendar shall be called for status within one year. If the matter has been on the collaborative process calendar for one year, it shall be dismissed or returned to the active calendar. If the case has been on the collaborative process calendar for less than one year on the status date, then the court may continue the case on the collaborative process calendar for a period not to exceed one year. The above one-year period may be extended by the court for up to one year for good cause shown. Failure of the petitioner to respond to the status call shall result in a dismissal for want of prosecution.

ii. Upon motion of either party, once the collaborative process concludes or terminates, the case shall be removed from the collaborative process calendar and returned to the active calendar. The parties shall file promptly notice when a collaborative process concludes or terminates.

iii. During the pendency of any case on the collaborative process calendar, all prior orders of court, including access to the court for enforcement and discovery, shall be considered suspended, and all proceeding shall be stayed, unless otherwise expressly provided by law, agreement of the parties, or order by the court.

i) Military Calendar - There shall be established a military calendar which shall serve to ensure that no court action will take place while a party is engaged in active military service and that no default may be taken against a military member based upon an absence or inability to comply with court orders.

i. The party engaged in active military service must demonstrate to the court by documentation from the JAG or commanding officer or other ranking member that he or she will not be able to participate in court proceedings on account of said active military service, and any such person called to active military duty may petition the court for the transfer of his/her case to this military calendar.

ii. Any party may petition the court for the return of the case to the court’s regular calendar sixty (60) days after the termination of the active military service or upon a showing that the party is now able to participate in the court proceedings.

iii. Cases transferred to this military calendar shall remain on the calendar until such time as the court transfers the case back to the regular calendar.

iv. All existing orders at the time of the transfer shall remain in full force and effect while the case pends on the military calendar.

j) Absent Judge - In the event of the absence of the regularly assigned judge, the Presiding Judge shall designate another judge to hear the matters assigned to the absent judge in accordance with General Order 15.3.4 of the Circuit Court of Cook County.

[Amended, effective May 6, 2021.]

(a) Filing, Required Documents

(i) Pre-Judgment Cases - All pre-judgment Domestic Relations cases shall be commenced by filing with the Clerk of the Circuit Court of Cook County a praecipe, petition or other pleading conforming to Illinois statutes and court rules, accompanied by the following:

1. A Domestic Relations Cover Sheet;
2. A Certificate of Dissolution or Invalidity of Marriage as required by 750 ILCS 5/707 in cases involving dissolution or invalidity of marriage; and
3. The applicable filing fee as published by the Clerk of the Circuit Court.

(ii) Post-Judgment Cases - All post-judgment Domestic Relations cases shall be commenced by filing with the Clerk of the Circuit Court of Cook County a petition, motion or other pleading conforming to Illinois statutes and court rules and accompanied by the applicable filing fee, if any, as published by the Clerk of the Circuit Court.

(iii) Joint Simplified Dissolution - The following forms, as approved by the Presiding Judge of the Domestic Relations Division, shall be filed to obtain a Joint Simplified Dissolution:

1. Joint Petition for Simplified Dissolution;
2. Affidavit in Support of Joint Petition for Simplified Dissolution;
3. Agreement for Joint Simplified Dissolution; and
4. Judgment for Joint Simplified Dissolution.

Pursuant to 750 ILCS 5/457, the Clerk of the Circuit Court of Cook County may provide to interested persons, upon request, the above forms and a brochure approved by the Presiding Judge of the Domestic Relations Division setting forth the procedures and requirements for obtaining a Joint Simplified Dissolution.

(b) Service - Service of praecipes, petitions, motions and other pleadings shall be in accordance with the law governing same.

(c) Assignment - Original petitions shall be randomly assigned to either a team of judges or to an individual calendar judge. Each team shall be identified by letter, and the calendar of the preliminary judge shall bear the letter of the team. Each individual calendar shall be identified by number. Judicial teams and individual calendar judges shall each be responsible for all aspects of the cases assigned to them.

(i) Post-Judgment Cases - Post-judgment matters shall initially be assigned as follows:

a. Any post-judgment motion or petition arising from a judgment entered in a case assigned to a judicial team shall be assigned to a judge on that team for post-decree.

b. Any post-judgment motion or petition arising from a judgment entered in a case assigned to an individual calendar judge shall be assigned to that same individual calendar.

c. Any post-judgment motion or petition that cannot be assigned to a post-judgment judge pursuant to paragraphs (a) and (b) above shall be randomly assigned by Order of the Presiding Judge of the Domestic Relations Division.

(ii) Dismissed Cases - Any domestic relations case between the same parties that is re-filed after a dismissal shall be assigned to the same judicial calendar to which the prior case was assigned immediately before its dismissal. The parties and/or their attorneys shall inform the Office of the Presiding Judge of the Domestic Relations Division that the cause is a re-filed matter.

(d) Individual Calendars - Judges assigned to suburban Domestic Relations Division calendars are designated Individual Calendar Judges and shall hear all aspects of cases assigned to them, including pre-judgment, trial, and post-judgment matters.

(e) Commencement in and Transfer to Suburban Locations - Domestic Relations Division actions may be filed in and transferred to suburban municipal district court locations as follows:

(i) Original Filing - 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. These cases filed shall receive a suburban “D” case number designating the courthouse location by the municipal district number.

(ii) Default Prove-Ups - 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 - Uncontested causes 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 agreement of the parties.

(iv) Contested Pre-Judgment Matters - Contested pre-judgment matters pending on calendars in the Richard J. Daley Center, where a party resides within the geographical boundaries of the suburban municipal district, may be transferred to such 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) Post-Judgment - 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 a party resides upon agreement by the parties and a finding of good cause by the Presiding Judge of the Domestic Relations Division.

(vi) In the event a party moves to another court district during the pendency of any proceeding, the cause may be transferred to that district upon agreement of both parties and a finding of good cause by the Presiding Judge of the Domestic Relations Division.

(f) Removal to Daley Center - Domestic Relations Division actions may be transferred from suburban municipal district court locations to the Richard J. Daley Center as follows:

(i) Pre-Judgment Cases - Removal of a pre-judgment case filed within a suburban municipal district shall occur by the sole action of the Respondent when the Respondent files an appearance, together with the District Transfer form. Absent leave of court, district transfers must be filed no later than 30 days after service of summons, not counting the day of service. The appearance fee in the suburban district shall be waived if Respondent provides proof that Respondent has filed a case in the Richard J. Daley Center. Upon a motion to consolidate where there is a case pending in the Richard J. Daley Center, the pre-judgment case shall be transferred from the suburban district to the Presiding Judge of the Domestic Relations Division to be consolidated with the prior pending matter in the Daley Center. Cases removed from the suburban municipal district pursuant to this paragraph shall be transferred to the Presiding Judge of the Domestic Relations Division in the Richard J. Daley Center for random assignment to a team or individual judicial calendar within the Richard J. Daley Center. Such a transfer shall not be deemed an exercise of statutory rights for Substitution of Judge. [Amended, effective July 21, 2015.]

(ii) Post-Judgment Cases - Post-judgment matters will remain in the suburban municipal district court to which the case is assigned unless objected to by one of the parties and a finding of good cause for removal is made by the judge presiding over the matter in the suburban municipal district in which the case was last pending. If neither party resides in the suburban municipal district when the post-judgment matter is filed, either party may have the matter removed, without a showing of good cause, to the Richard J. Daley Center or to such other district or jurisdiction as is appropriate under 750 ILCS 5/511. Cases removed from suburban calendars pursuant to this paragraph shall be transferred to the Presiding Judge 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.

(g) Orders of Protection

(i) When a petition for an order of protection is filed in the Richard J. Daley Center or the Domestic Violence Division at 555 West Harrison Street and there is a domestic relations matter pending in a suburban municipal district, the order of protection shall be consolidated with the pending domestic relations matter after the hearing on an emergency order of protection.

(ii) When a petition for an order of protection is filed in a suburban district and there is a domestic relations matter pending in the Richard J. Daley Center, the order of protection shall be consolidated with the pending domestic relations matter after the hearing on an emergency order of protection.

(iii) Notwithstanding any contrary provisions in these Rules, if a petition for an order of protection is filed in a district or in the Domestic Violence Division at 555 West Harrison Street at any time, the judge presiding over the petition in the district or 555 West Harrison Street shall have the discretion to retain the petition for the order of protection in the district or at 555 West Harrison Street until the petition is adjudicated by entry of an interim or plenary order of protection or order of dismissal, regardless of the subsequent filing of a domestic relations matter in another district.

(iv) Nothing in this section shall prevent any petitioner from filing a petition for an emergency order of protection in accordance with the provisions of the Illinois Domestic Violence Act.

(h) Filing - 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 or at any other office of the Clerk of the Circuit Court of Cook County. Initial and subsequent pleadings 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 Richard J. Daley Center and the Clerk will transmit such pleading to the appropriate suburban municipal district location.

(i) Substitution of Judge - Nothing within this rule shall limit any party’s rights to 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.

(j) Depositions Arising from Out of State Cases [Deleted by amendment, eff. Nov. 26, 2014.]

(k) Random Assignment - When an action is transferred to the Presiding Judge of the Domestic Relations Division pursuant to General Order 1.3 of the Circuit Court of Cook County, the Presiding Judge, or his/her designate, shall order the Clerk to randomly assign the case to an appropriate calendar unless the court finds that the matter should be assigned to a calendar where there is an existing related matter.

(l) Reassignment

(i) All cases that are transferred for reassignment, except for reassignment due to a substitution of judge, shall be first transferred directly to the Presiding Judge of the Domestic Relations Division, who shall then either order the Clerk to randomly assign the case or transfer the case to a different calendar.

(ii) Transfers within a team calendar shall be determined by the preliminary judge of the team calendar for further assignment.

(m) Out of County Transfer - When a party petitions the court to transfer a pending case to a different county, the judge to whom the case is assigned shall rule on the motion to transfer. If the motion is granted, the case shall be assigned to the Presiding Judge of the Domestic Relations Division or his/her designate for transfer to the appropriate jurisdiction. Before the case may be transferred, all applicable fees, including the fee to transfer the case, shall be paid or waived through the Office of the Clerk of the Circuit Court. The moving party shall pay all transfer fees unless otherwise determined by the court.

(n) Consolidation of Cases

(i) A motion to consolidate cases pending on separate calendars within the Domestic Relations Division shall be heard by the Presiding Judge of the Domestic Relations Division.

a. Cases consolidated pursuant to subparagraph (i) above shall be assigned to the calendar to which the case with the lowest docket number was assigned, unless determined otherwise by the Presiding Judge of the Domestic Relations Division. In the event a petition for an emergency order of protection is filed and a domestic relations matter is pending, the emergency order of protection shall be heard by the domestic relations judge before whom the domestic relations case is pending, unless impracticable. In that event, the emergency order of protection shall be heard by another domestic relations division judge or domestic violence judge or any other judge qualified to hear the matter, but shall be made returnable to the judge before whom the domestic relations case is currently pending.

b. Pending orders of protection shall be consolidated with the domestic relations case pending between the same parties, and the case shall be heard by the domestic relations calendar. In the event a petition for an order of protection is filed in a suburban municipal district or the Domestic Violence Division at 555 West Harrison Street before the filing of another Domestic Relations proceeding, the judge presiding over the petition in the suburban municipal district or the Domestic Violence Division shall have the discretion to retain the petition for an order of protection in the suburban district or Domestic Violence Division until the petition is adjudicated by entry of an interim or plenary order of protection or order of dismissal, regardless of the subsequent filing of another Domestic Relations proceeding in the Richard J. Daley Center or the removal to the Richard J. Daley Center by the respondent.

(ii) A motion to consolidate a case pending in the Domestic Relations Division with a case pending in any other division of the Circuit Court of Cook County shall be heard pursuant to General Order 12 of the Circuit Court of Cook County.

(o) Substitution of Judge

(i) Motions for Substitution of Judge, if granted from an individual calendar, preliminary calendar judge, or post-judgment calendar judge, or the recusal of an individual, preliminary or post-judgment calendar judge, shall result in the return of the case to the Presiding Judge of the Domestic Relations Division for random reassignment.

(ii) Motions for Substitution of Judge, if granted from a team calendar judge other than the preliminary judge, or the recusal of a team calendar judge other than the preliminary judge, shall result in the return of the case to the preliminary judge of the team calendar for further assignment within the team, unless there are no judges available, and in that case, to the Presiding Judge of the Domestic Relations Division for assignment.

(iii) If a substitution of judge is taken from a judge sitting in an individual calendar judge or preliminary calendar judge’s stead, the matter will be temporarily reassigned by the Presiding Judge of the Domestic Relations Division. If a substitution of judge is taken from a judge sitting in a team calendar judge’s stead, the matter will be temporarily reassigned by the preliminary judge. The temporary reassignment shall cease pending the return of the absent judge and returned to the regular call.

(iv) Matter of Right - A Motion for Substitution of Judge as of Right may only be presented before the judge to whom the case is currently assigned and pending.

a. If the judge regularly assigned to the case is absent, then the Motion shall be continued and heard when the judge returns.

b. In cases of emergency and only for good cause shown, the Motion for Substitution of Judge as of Right may be brought before the Presiding Judge of the Domestic Relations Division.

(v) For Cause - A Motion for Substitution of Judge for Cause, which properly alleges a basis for cause, shall be presented before the judge to whom the case is currently assigned. The judge to whom the case is currently assigned will transfer the case to the Presiding Judge of the Domestic Relations Division who will then assign the case to another judge in the Domestic Relations Division for hearing.

(p) Application to Sue as an Indigent Person

(i) Procedure

a. Petitions to proceed as an indigent person shall be presented and heard by the preliminary judge or the individual calendar judge to whom the case is assigned prior to assignment of trial.

b. Petitions to proceed as an indigent person shall be presented and heard by the trial judge if presented after assignment to trial.

c. Petitions to proceed as an indigent person shall be presented and heard by the post-judgment judge if presented after judgment is entered.

(ii) A person who is represented by a legal service provider as defined by 735 ILCS 5/5-105.5 shall be exempt from this rule.

(iii) Whenever any litigant files a Petition to Sue or Defend as an Indigent Person pursuant to Illinois Supreme Court Rule 298, that individual must personally appear before the court to present his or her petition. This requirement does not apply to legal service organizations providing legal services pursuant to 735 ILCS 5/5-105.5. This requirement does not apply to out of state litigants and incarcerated individuals filing their petitions pursuant to Illinois Supreme Court Rule 298 by mail.

(iv) Duration of Orders under Illinois Supreme Court Rule 298

a. Any order entered by a Domestic Relations Court upon an application to sue or defend as a poor person pursuant to Illinois Supreme Court Rule 298 shall only be effective for ninety (90) days prior to the filing of any Petition in the Domestic Relations Division.

b. In the event that any person does not file a Petition within ninety (90) days subsequent to the entry of an order pursuant to an application to sue or defend as a poor person under Illinois Supreme Court Rule 298, that person shall be required to fill out a new application to sue or defend as a poor person in the event ninety (90) days have expired since a prior application to sue or defend as a poor person was submitted to the Court.

(v) Procedure for giving Notice by Publication - A person applying to sue or defend as an indigent person may also apply to have the fee waived for giving Notice by Publication. Such fee waiver shall be presented to the judge before whom the case is assigned.

a. In the event the fee waiver is granted, the person shall fill out the appropriate fee waiver form and present it to any newspaper of general circulation.

b. If the case is in the suburban municipal district, the fee waiver form may be transmitted by facsimile to the Presiding Judge of the Domestic Relations Division at the Richard J. Daley Center.

(vi) Before entry of any judgment for dissolution, legal separation, declaration of invalidity of marriage or civil union, determination of parental responsibilities, parentage or any other matter within the jurisdiction of a judge in this division, the court shall inquire as to whether the Petitioner or Respondent has been allowed to proceed as a poor person. Where the court determines that either party is able to bear the costs previously deferred, it shall assess such costs against the appropriate party and direct payment forthwith to the Clerk of Court, Sheriff, court reporter, legal publication or others  to whom fees or charges are due.

(a) Pre-Judgment Disclosure -In all pre-judgment proceedings in which a party is seeking division of the marital estate, to establish, modify or enforce an order for maintenance, child support, or educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act, support for a non-minor child with a disability pursuant to Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act, disposition of property in a civil union, retroactive child support in parentage matters, or  attorney’s fees and costs against the other party, each party shall serve a completed  affidavit of incomes, expenses, debts, and assets  (“Financial Affidavit”) upon the other party on forms approved by the court. The service of the “Financial Affidavit” shall be as follows:

(i) The Petitioner shall serve the completed  “Financial Affidavit” not later than thirty (30) days after service of the initial pleading and the Respondent shall serve the completed “Financial Affidavit” not later than thirty (30) days after the filing of the Responding party’s appearance; or

(ii) Not less than seven (7) business days prior to a hearing, whichever date first occurs

When further relief is sought from the court and a material change of circumstances has occurred, an updated completed “Financial Affidavit” must be served on the other party no less than seven (7) days prior to any hearing.

(b) Post-Judgment Disclosure - In all post-judgment proceedings in which a party is seeking to establish, modify or enforce an order of maintenance, child support, support for educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act,  support for a non-minor child with a disability pursuant to Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act, or attorney’s fees or costs, the parties shall exchange a completed  “Financial Affidavit” unless either party files a written objection with the court and shows good cause why such exchange should not be required. The service of the  “Financial Affidavit” shall be as follows:

(i) The Petitioner shall serve the completed “Financial Affidavit” not later than thirty (30) days after service of the initial pleading and the Respondent shall serve the completed  “Financial Affidavit” not later than thirty (30) days after the filing of the responding party’s appearance; or

(ii) Not less than seven (7) business days prior to a hearing, whichever date first occurs.

(c) Sanctions for Failure to Comply - Failure of a party to timely serve the “Financial Affidavit” shall subject the non-complying party to such sanctions as the court deems appropriate, including all sanctions available under Illinois Supreme Court Rule 219. Failure to comply shall not be sufficient cause for a responding party not in compliance to obtain a continuance of the hearing.

(d) Certificate of Service - The completed “Financial Affidavit” should not be filed with the Clerk of the Circuit Court, unless ordered by the court. Each party shall file with the Clerk of the Circuit Court a Certificate of Service of the “Financial Affidavit” upon the other party.

(e) Discovery -In pre-judgment and post-judgment proceedings, a party shall serve the other party with a completed “Financial Affidavit” before seeking discovery pursuant to Supreme Court Rule 201 unless otherwise ordered by the court for good cause shown.

(f) Application to Joint Simplified Dissolution - Paragraph 13.3.1(a) shall not apply to Joint Simplified Dissolution Proceedings brought pursuant to 750 ILCS 5/451 et seq.

(g) Time Limits - In the event a party posits an objection based on personal or subject matter jurisdiction, the time for service of the “Financial Affidavit” shall be tolled pending the court’s rulings. The court may extend or advance the time for service of the “Financial Affidavit,” or excuse service pursuant to good cause shown, or upon the written stipulation of the parties filed in the proceeding.

(a) In all proceedings where a Rule 13.3.1  Financial Affidavit is required, each party shall serve upon the other party, together with the Financial Affidavit, copies of the party's last two (2) calendar years’ filed individual, partnership and corporate federal and state income tax returns, the most recent pay stub showing year-to-date earnings and deductions therefrom, or if the year-to-date information is not provided by the employer, the five (5) most recent pay stubs, and records of any year-to-date additional income and compensation (paid and deferred) not reflected in the pay stubs. Where a party has not yet filed a federal or state income tax return for the prior calendar year, the last filed year’s return shall be served upon the opposing parties as well as all W-2's, 1099's and K-1's received necessary for preparation of the prior year's return.

(b) The time for delivery of the aforesaid proof of income documents shall be tolled pursuant to Rule 13.3.1(g).

(c) The Certificate of Service required to be filed by Rule 13.3.1(d) shall include a description of the proof of income documents served with the  “Financial Affidavit.”

(a) Pre-Judgment and Post-Judgment Motions, Petitions and Applications, Hearings

(i)  In General

a. All motions, petitions and applications shall be made in writing. A notice of motion is not a motion.

b. All petitions and motions submitted to the court in Domestic Relations cases shall be titled with an accurate description of the primary relief sought in the petition or motion.  Each responsive pleading shall specifically identify the petition or motion to which it responds. 

c. Petitions shall be verified. All petitions and motions shall state with specificity the statute or authority relied upon for the relief sought.   If a petition or motion fails to state with specificity the statute or authority relied upon for the relief sought, it may be stricken, sua sponte, by the court.

d. If an order submitted to the court is agreed, the word “agreed” shall precede the word “order” in the title.

e. Petitions for Rule to Show Cause or Adjudications of Contempt shall state both the legal and the factual bases of the contempt finding sought.

f. All motions, petitions and applications shall be filed with the Clerk of the Circuit Court. 

g. Notice shall be in accordance with the applicable Illinois Supreme Court Rules, Cook County Circuit Court Rules and statutes.

h. At the time of the appointment of an evaluation pursuant to 750 ILCS 5/604, the court may issue a protective order prohibiting the parties or their attorneys from disseminating the contents of said report for purposes other than the litigation or to the minor children or to anyone who is not a party to the litigation. 

i. Evaluators appointed pursuant to Section 604(b) of the Illinois Marriage and Dissolution of Marriage Act shall be required to send a detailed monthly bill to the parties or their respective counsel after their appointments unless they have previously entered into a written agreement for a “flat fee.”   

(ii)  Emergency Motions

a. Emergency motions shall be heard at a time designated by the judge to whom the case is assigned. 

b. Facts identifying the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence shall be stated with particularity in an affidavit or verification in support of the emergency motion. 

(iii) Default Matters - When a party fails to file an appearance and/or an answer, cases transferred to another calendar for the limited purpose of a default prove-up with a court reporter, shall have the order of default entered before being transferred.
(iv)  Ex Parte Matters

a. An ex parte matter is one where a party appears in court without giving notice for good cause shown.  Such matters shall be heard at a time 

designated by the judge to whom the case is assigned.

b. When an ex parte order is sought, the petition shall state the reason why notice should not be given and why the matter should be heard ex parte.

c. If the court does not deem the matter appropriate to be heard ex parte, the movant may set the matter on the motion call, with proper notice. 

d. No ex parte order for  allocation of parental responsibilities shall be granted without notice unless it clearly appears from specific facts shown in a verified petition that immediate irreparable harm will be suffered by the child if notice is served before a hearing is held. All ex parte orders for allocation of parental responsibilities shall set a status or hearing date on or before the 10th day after said order is entered and shall take precedence over all other matters. A copy of the ex parte allocation of parental responsibilities order, with a copy of the underlying petition, shall be immediately served upon the other party. On two (2) days notice to the party who obtained the ex parte  allocation of parental responsibilities order, the adverse party may appear and move for a re-hearing or modification on the ex parte order.

(b) Appointment of Guardian ad Litem, Attorney for the Child and Child Representative

(i)  The appointment of a guardian ad litem, attorney for the child, and child representative shall be in accordance with the Illinois Marriage and Dissolution of Marriage Act and Illinois Supreme Court Rules 906 and 907.

(ii)  The order of appointment shall provide that the appointment will terminate thirty (30) days after the entry of the final judgment allocating parental responsibilities unless extended by the court.

(c) Children in Court - If the court finds that it is not in the best interest of a minor child of litigants to be inside the courtroom, the court may exclude the minor child from the courtroom.

(d) Assignment to Special Services

(i) Cook County Department of Adoption and Family Supportive Services - The court may order an investigation and a written report from Cook County Department of Adoption and Family Supportive Services.  Said investigation shall be in accordance with 750 ILCS 5/604.10.

(ii)  Forensic Clinical Services - The court may order the parties to be evaluated by Forensic Clinical Services of Cook County in accordance with 750 ILCS 5/604.10.  Forensic Clinical Services shall issue a written report with recommendations.

(iii) Hearing Officers - The court may order the parties to appear before a Hearing Officer for assistance on matters related to paternity, child support, allocation of parental responsibility and parenting time, drafting pleadings, agreed orders and parenting plans. Hearing Officers must be fair and impartial and cannot give legal advice. If the parties do not agree with a hearing officer's recommended order, the parties are entitled to be sent to the courtroom to schedule a hearing before a judge.

(iv) Family Mediation Services - Family Mediation Services shall provide the following assistance to litigants and their families: 

a. Mediation - In accordance with the provisions set forth in this set of rules, the Cook County Family Mediation Services shall provide mediation services to parties litigating a dispute involving children in the Domestic Relations Division.

b. Reconciliation - Where the judge has reason to believe that there is a prospect of reconciliation, the court, at the request of either party, or the attorney for the child, guardian ad litem or child representative, or on its own motion, may order the parties to attend a reconciliation conference. The content, use and administration of a reconciliation shall be privileged and confidential and shall not be disclosed to any party outside of the mediation or admissible at the time of trial.

c. Conciliation - At the request of either party or the attorney for the child, guardian ad litem or the child representative, or on its own motion, the court may order the parties to attend a conciliation conference for the purpose of assisting the parties to improve their communication and parenting skills and to refer the parties to any community services which may be appropriate.  The content, use and administration of said conference shall be privileged and confidential and shall not be disclosed to any party outside of the conciliation conference or admissible at the time of trial.

d. Emergency Intervention - Where a judge has reason to believe that a child may be in imminent danger, the court may order the parties and children to an immediate interview with the Cook County Family Mediation Services mediator who acts as the court’s intervener(s) in the matter.  The emergency intervention interview shall not be confidential or privileged and any statements made during the interview may be communicated to the court and subject to discovery.  Following the interview, the intervener(s) shall report to the court in the presence of the parties with regard to the recommendations of the interviewer.

(e) Provisions Governing Mediation
 

(i) Domestic Relations Division Mediation and Other ADR Procedures to Facilitate Settlement.

(a) Description and purpose of program.
In an effort to provide an expeditious, expense-saving, fair and beneficial alternative to traditional litigation in the resolution of domestic relations controversies, these rules establish a program of court-annexed mediation which shall operate in cases pending in the Domestic Relations Division of the Circuit Court of Cook County.  Parties and their representatives are required to attend mediation sessions, but are not compelled to reach an agreement.  The program includes mediators employed by Cook County and private mediators. In addition, the parties may agree to utilize other forms of alternative dispute resolution (“ADR”).

Committee Comment:  Rule (i)(a) derives from Cook Co. Cir. Ct. Rs. 20.01 (Law Div.) (eff. April 5, 2004) and 21.01 (Chancery Div.) (eff. August 1, 2013).

 

(b) Definitions. The definition of “Domestic Relations case” is contained in Cook Co. Cir. Ct. R. 13.1.

(1) "Alternative dispute resolution" means procedures for settling disputes by processes other than litigation. Committee Comment:  The definition of "alternative dispute resolution" (ADR) is consistent with the definition in Black’s Law Dictionary (9th ed. 2009).

(2) “Evaluative Mediation” means a separate procedure that occurs during a mediation in which the mediator provides to the parties at their request a recommendation for settlement of any issues that are unresolved.  See Cook Co. Cir. Ct. R.13.4(e)(v)(g).

Committee Comment:  This definition is derived from Michigan Court Rules 3.216(A)(2)and 3.216(I) (eff. September 5, 2013).

(3) “Impediment to mediation” means a circumstance which may render mediation inappropriate or unreasonably interfere with the mediation process.  Impediments may include, without limitation, past or present family violence or abuse, mental or cognitive impairment, alcohol abuse, or chemical dependency.  Family violence or abuse includes harassment, intimidation, and interference with personal liberty.

Committee Comment:  This definition is derived from the previous Cook Co. Cir. Ct. R. 13.4(e)(vii)(eff. October 16, 2012),Committee Comments to Ill. S. Ct. R. 905 (eff. September 1, 2013), and the terminology used in the Ill. Domestic Violence Act, 750 ILCS 60/101, et seq.

(4) “Mediation” means a non-binding confidential process by which a neutral third party, selected by the parties to the case or selected by or with the assistance of the court, assists the parties 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 facilitate resolution of some or all of the issues in dispute.

Committee Comment:  This definition is derived from Cook Co. Cir. Ct. R. 20.01 (Law Div.) (eff. April 5, 2004), Cook Co. Cir. Ct. R. 21.01 (Chancery Div.) (eff. August 1, 2013) and Michigan Court Rule 3.216(A)(2)(eff. September 5, 2013).

(5) “Mediation communication” means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

Committee Comment:  This definition is the same as used in the Uniform Mediation Act, 710 ILCS 35/2(2) .

(6) “Parenting Coordination” means a process to help parties resolve disputes through appointment of a parenting coordinator as described in Cook Co. Cir. Ct. R. 13.10. 

(7) “Party/Parties” as utilized throughout this rule shall not include in its meaning the Illinois Department of Healthcare and Family Services (HFS).  Although HFS is statutorily required to be a party to all domestic relations cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. §§ 651, et seq., it shall not be considered a party subject to the provisions of this rule.

(8) “Private mediator” means a person or organization providing mediation services other than Family Mediation Services of the Circuit Court of Cook County which offers mediation at no charge.

(c) Ordering of mediation and parenting coordination; utilization of other forms of ADR.  The court may order mediation and parenting coordination without consent of the parties.  The parties, on their own initiative, may utilize other forms of ADR.  

Committee Comment:  These rules seek to promote broad use of ADR procedures. As noted in Cook Co. Cir. Ct. R. 13.4(e) (ii)(b) and (e)(ii)(c), the court can order mediation, even if a party objects.  Under Cook Co. Cir. Ct. R. 13.4(e) (i)(c), parenting coordination also can be ordered over objection of a party or the parties. Other forms of ADR may be utilized if the parties so agree.  

(ii) Actions Eligible for Mediation; Impediments to Mediation; Objection to Mediation.

(a) Submission of issues to mediation.  On written stipulation of the parties, on written motion of a party, or on the court’s initiative, the court may submit to mediation by written order any contested issue in a domestic relations case, provided that if an impediment to mediation exists it shall be considered by the court prior to ordering mediation.  If an order of protection is in effect, mediation cannot be ordered unless the court determines that a referral to mediation is appropriate.

The court may submit a contested issue to mediation at any stage of the proceedings so long as a trial on that issue has not commenced.  Once trial on a contested issue has commenced, the court may recommend that the contested issue be submitted to mediation, but the issue shall not be submitted to mediation unless both parties agree to suspend the trial. 

Committee Comment:  In keeping with the goals of autonomy and encouraging parties to resolve their own dispute, parties may stipulate to mediation, including by a mediator of the parties’ own selection. If, however, an impediment to mediation exists, the court shall consider that circumstance before ordering mediation.  See Cook Co. Cir. Ct. R. 13.4(e)(i)(b)(6) for definition of “impediment to mediation”. The existence of an order of protection against a party to the case does not automatically mean that an impediment to mediation exists, but that circumstance does require the court to determine if mediation is appropriate.  Cook Co. Cir. Ct. R. 13.4(e)(iii)(b) provides that cases referred to Family Mediation Services (“FMS”) will be subject to the FMS’s procedures.  The FMS has multiple procedures to protect against family violence and abuse.  In cases in which an order of protection is in effect and the parties are referred to the FMS, a determination by the court that mediation is appropriate is not necessary.  Sources for this rule include Michigan Court Rule 3.216(C)(1) (eff. September 5, 2013) and the previous Cook Co. Cir. Ct. R. 13.4(e)(vii) (eff. October 16, 2012) (regarding screening for impediments to mediation).

(b) Mandatory mediation. For the following categories of contested issues, mediation is mandatory unless an impediment to mediation exists:  (1) initial determinations of allocation of parental responsibilities; (2) modification of allocation of parental responsibilities; (3) relocation of the child; 4) non-parent visitation and third party allocation of parental responsibilities.  The mediation process for these categories of contested issues shall commence pursuant to Ill. S. Ct. R. 923(a)(3) as soon as practicable after any such contested issue arises, subject to Cook Co. Cir. Ct. R. 13.4(f) regarding the Parenting Education Program which requires completion of Focus on Children or the court approved online parenting education class, prior to commencing mediation unless excused by the court for good cause shown.

Committee Comment:  This subsection derives from the previous Cook Co. Cir. Ct R. 13.4(e)(i), (ii) (eff. October 16, 2012) and Ill. S. Ct. Rs. 923(a)(3) (eff. July 1, 2006)  and 905(b) (eff. September 1, 2013). This subsection continues the practice of providing mandatory mediation of issues related to allocation of parental responsibilities unless an impediment to mediation exists.  It applies to initial determinations as well as modification proceedings and also encompasses disputes regarding relocation of the child. For cases referred to Family Mediation Services, completion of Focus on Children is  preferred before commencing mediation under the FMS procedures.  See Cook Co. Cir. Ct. R. 13.4(e)(iii)(b). 

 

(c) Discretionary mediation.  An order of mediation is discretionary for financial issues, discovery disputes, and any contested domestic relations issues other than those listed in Cook Co. Cir. Ct. R. 13.4(e) (ii)(b).  Mediation of these issues may be ordered without the consent of the parties and over the objection of a party.  The financial resources of the parties shall be considered before ordering mediation of these issues.

 

Committee Comment:  One of the expansions of the previous version of Cook Co. Cir. Ct. R. 13.4(e) (eff. October 16, 2012) is to allow courts to order mediation of issues other than issues related to allocation of parental responsibilities.  Such issues may include financial issues and discovery issues.  It is anticipated that the court will consider the extent to which the parties have participated in other ADR processes before ordering mediation of such issues.  See Cook Co. Cir. Ct. R. 13.4(e) (iii)(c) regarding compensation of mediators.

 

(d) Objection to mediation.  A party may object to the referral to mediation or move at any time to set aside, modify, defer or terminate the referral to mediation.  For cases subject to mandatory mediation under Cook Co. Cir. Ct. R. 13.4(e) (ii)(b), a party may object to the referral to mediation but only on the basis that an impediment to mediation exists.  For cases subject to discretionary mediation under Cook Co. Cir. Ct. R. 13.4(e) (ii)(c), a party may object to the referral to mediation on the basis that an impediment to mediation exists or there exists good cause to exempt the case from mediation.

 

Committee Comment:  Ill. S. Ct. R. 905(eff. September 1, 2013) mandates mediation for cases related to allocation of parental responsibilities and provides for an “excuse from referral to mediation if the court determines an impediment to mediation exists.”  The rule does not provide for other excuses from referral to mediation such as good cause based upon the parties’ wish to utilize a type of dispute resolution other than mediation.  Ill. S. Ct. R. 905 does not deal with excuses from referral to mediation for issues other than allocation of parental responsibilities.  The proposed rule, which is not in conflict with Illinois Supreme Court Rules, applies a more flexible standard for excuse from referral to mediation for cases subject to discretionary mediation (i.e., allowing exemption from referral for “impediment to mediation” as well as “good cause”).  The proposed rule also derives from Cook Co. Cir. Ct. Rs. 20.02(b)(Law Div.) (eff. April 5, 2004) and 21.02(b)(Chancery Div.) (eff. August 1, 2013) and Michigan Court Rule 3.216(D) (eff. September 5, 2013).  The proposed rule allows a party to object to mediation “at any time” – including before mediation is ordered; after mediation is ordered, but before mediation is commenced; and after mediation has commenced.

 

(iii) Appointment of a Mediator; Private Mediator’s Compensation; Scheduling of Mediation.

(a) Appointment by stipulation. The parties may stipulate to the selection of a mediator.  A private mediator selected by agreement of the parties need not meet the qualifications set forth in Cook Co. Cir. Ct. R. 13.4(e)(x).  The court must appoint a private mediator stipulated to by the parties, whether or not the mediator is on the court’s list of certified mediators,  provided the mediator is willing to serve within a period that would not interfere with the court’s scheduling of the case for trial.

Committee Comment:  In keeping with promoting autonomy of the parties, the parties may stipulate to their own mediator, subject only to the requirement that “the mediator is willing to serve within a period that would not interfere with the court’s scheduling of the case for trial.”

(b) Appointment without stipulation. 

If the parties have not stipulated to a mediator, the court shall assign the parties to a mediation service or a private mediator from the court’s list of certified mediators.  The court’s list shall contain the hourly rate of each mediator.  If the contested issues involve allocation of parental responsibilities, parenting time, non-parent visitation  or relocation of the child, and the parties have not stipulated to a private mediator, the parties shall be referred to Family Mediation Services and be subject to their procedures.  If the contested issues are other than allocation of parental responsibilities, parenting time, non-parent visitation or relocation of the child, and the parties have not stipulated to a private mediator, the parties will be referred to a private mediator on the court’s list of certified mediators.  See Cook Co. Cir. Ct. R. 13.4(e)(x)(b).

(c) Compensation.  The court shall enter an order as appropriate for compensation of a private mediator, including a retainer.  The order shall designate the percentage of the private mediator’s fee to be paid by each party and whether the mediation services are to be provided at no charge or at a reduced charge.  Private mediators may set their own rates except in cases in which the mediator is serving at no charge or at a reduced charge under Cook Co. Cir. Ct. R. 13.4(e)(x)(b)(5).  The mediator may require the parties to sign a contract for the mediation services, provided the contract does not violate these rules or state statute.  The procedure for submission of invoices and payment shall be as provided by the statutory provision applicable to appointments of attorneys for children.  The mediator’s fee is deemed a cost of the action, and the court may enforce the obligation upon motion of a party or the mediator. 

Committee Comment:  It is anticipated that most referrals to a certified mediator (i.e., a mediator on the court-approved list) will include compensation for the mediator.  Cook Co. Cir. Ct. R. 13.4(e)(x)(b)(5), however, does provide:  “Acceptance of a listing as a certified mediator may include the obligation to perform a reasonable amount of mediation services for no charge or at a reduced charge.”  If the mediator is appointed by court order, the court may enforce the compensation arrangement, including by use of contempt powers.  If the mediator is not appointed by court order, only contract remedies would be available for enforcement of the fee arrangement.

(d) Scheduling mediation.  Upon entry of an order for mediation, the parties shall contact the mediator within 7 days to schedule the first mediation session.  The first mediation session shall be held within 35 days after an entry of the order for mediation unless good cause exists for scheduling on a later date.

Committee Comment:  Prompt commencement of mediation is desirable, but some flexibility also is necessary, including to accommodate the schedules of mediators. Hence, the parties are directed to contact the mediator within 7 days of the order of mediation and to schedule the first session within 28 days after an entry of the order for mediation “unless good cause exists for scheduling a later date.” The previous version of Cook Co. Cir. Ct. R. 13.4(e) provided:  “The mediation process shall commence pursuant to Ill. S. Ct. R. 923(a)(3) (eff. July 1, 2006) or as soon as practicable after any issue arises as set forth in this Rule.”

(iv) Proceedings during ADR.

(a) Effect upon existing orders.  Upon entry of an order submitting an issue to mediation or commencement of another form of ADR, all existing orders shall remain in full force unless the court modifies or terminates an existing order upon the motion of either party, or the attorney for the child, guardian ad litem or child representative, or on the court’s own motion.  Discovery during mediation is governed by Cook Co. Cir. Ct. R. 13.4(e)(viii).  The court in its discretion may suspend the filing of motions without leave of court and suspend any proceedings for temporary relief or other relief while mediation or another form of ADR is in progress, except in cases of emergency.  The parties may not proceed to hearing on a contested issue without leave of court while mediation or another form of ADR is in progress, except in cases of emergency.

Committee Comment:  While a case is being mediated or another ADR procedure is being utilized, existing orders shall remain in full force unless the court orders otherwise.  Thus, for example, orders for child support, spousal support, payment of particular family expenses, and parenting time would remain in effect during mediation unless the court orders otherwise.  To facilitate ADR and to conserve resources of the court and the parties, or for other good reason, the court may suspend the filing of motions without leave of court and suspend proceedings while ADR is being utilized, except in emergencies.  In all events, except in emergencies, contested hearings may not proceed during ADR without leave of court.

(b) Status call.  The order submitting an issue to mediation or the utilization of another form of ADR does not excuse the requirement of Cook Co. Cir. Ct. R. 13.4(h) that all cases shall be called for status report no later than 6 months after the case is filed.  Failure of the petitioner to answer the status call shall result in a dismissal for want of prosecution.

Committee Comment:  Cook Co. Cir. Ct. R. 13.4(h) also deals with status calls and provides:  “The number and frequency of automatic status calls during a calendar year shall be pursuant to order of the Presiding Judge of the Domestic Relations Division. Notice of the first status for any case shall be sent by the Clerk of the Circuit Court to the attorneys of record by postcard no less than 30 days prior to the commencement of said call and shall also be published in a newspaper of general circulation and posted in the courtroom. All cases shall be called for status report no later than 6 months after the case is filed. Failure of the petitioner to answer the status call shall result in a dismissal for want of prosecution.”

(c) Effect upon 18-month time limit. Entry of an order submitting an issue to mediation or utilization of another form of ADR may establish good cause for extending the 18-month time limit under Ill. S. Ct. R. 922.*                                          

Committee Comment:  A goal of these rules is to encourage good faith alternative dispute resolution in order to promote settlements that are in the best interests of children. This rule is intended to clarify that the time spent in ADR in which the  parties are attempting to settle issues related to the allocation of parental responsibilities, should not prejudice the parties’time necessary to prepare the case for trial.  However, these rules should not be used to waste time or delay a case for reasons other than seeking to resolve the dispute outside of court.  Ill. S. Ct. R. 922 (eff. July 1, 2006) provides:  “All child custody proceedings under this rule in the trial court shall be resolved within 18 months from the date of service of the petition or complaint to final order. In the event this time limit is not met, the trial court shall make written findings as tothe reason(s) for the delay.  The 18-month time limit shall not apply if the parties, including the attorney representing  the child, the guardian ad litem or the child representative, agree in writing and the trial court makes a written finding that  the extension of time is for good cause shown.  In the even the parties do not agree, the court may consider whether an  extension of time should be allowed for good cause shown.”

* Illinois Supreme Court Rule not yet amended to reflect the language of the Illinois Marriage and Dissolution of Marriage Act of 2015.

(v) Mediation Procedure.

(a) Submission of documents.  A mediator may require that each party submit to the mediator no later than 3 business days before a mediation session, and serve on the opposing party, a mediation summary that provides the following information, where relevant:

(1) the facts and circumstances of the case;

(2) the issues in dispute;

(3) copies of the party’s “Parenting Plan,”  “ Financial Affidavit” and supporting documents when applicable, as provided by Cook Co. Cir. Ct. Rs. 13.3.1 and 13.3.2.

The mediator may request each party to produce other documents or information as is reasonable under the circumstances.  To enforce production requests, either party, or the attorney for the child, guardian ad litem or child representative, may file a motion to order production, or the court may order production on its own motion. Failure to comply with the reasonable requests of the mediator may subject the non-complying party to sanctions imposed by the court.

Committee Comment:  The portion of the rule requiring the parties provide information about “the facts and circumstances of the case” and “the issues in dispute” is derived from Michigan Court Rule 3.216(H)(2) (eff. September 5, 2013).  The specific documents that a mediator may request the parties to submit under Cook Co. Cir. Ct. R. 13.4(e)(v)(a)(3) are the same as those the parties are required to serve on each other under Cook Co. Cir. Ct. Rs.13.3.1, 13.3.2 and 13.3.3.  While the parties may file a motion to enforce the mediator’s production requests, the mediator does not have standing to present such a motion.

(b) Attendance of parties.  The parties must attend the mediation session in person unless excused by the mediator.  If a party fails to appear at a duly noticed mediation session without good cause, the court may enter such orders as it deems appropriate under the circumstances, including sanctions against a party for failure to appear.

Committee Comment:  This rule is derived from the previous version of Cook Co. Cir. Ct. R. 13.4(e)(iv) (eff. October 16, 2012), which provided:  “If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon notice and motion, may enter an order the court deems appropriate under the circumstances, including sanctions against a party for failure to appear.”

(c) Presence of counsel and other persons.  An attorney or other individual designated by a party may accompany the party to and participate in a mediation.  If the other individual is a minor child, the parties and the mediator shall agree to the child’s participation.  A waiver of participation given before the mediation may be rescinded.  Parties and their respective attorneys or designated individuals shall be permitted to confer privately at any time.

Committee Comment.  The first and third sentences of Cook Co. Cir. Ct. R. 13.4(e)(v)(c) are taken verbatim from the Uniform Mediation Act, 710 ILCS 35/10 .  In many mediations, the mediator may prefer that only the parties attend, but the law allows a party to mediation to be accompanied by an attorney or other designated individuals.  See also Cook Co. Cir. Ct. R. 20.04(c) (Law Div.)(eff. April 5, 2004), Cook Co. Cir. Ct. R. 21.04(c) (Chancery Div.) (eff. August 1, 2013) and Michigan Court Rule 3.216(H)(4).  The National Conference of Commissioners on Uniform State Law “Comment” to Section 10 of the Uniform Mediation Act (adopted in Illinois at 710 ILCS 35/10) states: “Some parties may prefer not to bring counsel. However, because of the capacity of attorneys to help mitigate power imbalances, and in the absence of other procedural protections for less powerful parties, the Drafting Committees elected to let the parties, not the mediator, decide.”  The Uniform Mediation Act approved by the National Conference of Commissioners on Uniform State Law (adopted in Illinois at 710 ILCS 35/1 et seq.) with comments is available online at:

http://www.uniformlaws.org/shared/docs/mediation/uma_final_03.pdf (last accessed February 21, 2014)

The new Cook Co. Cir. Ct. R. 13.4(e), which provides greater autonomy to the parties, eliminates theconflict between Section 10 of Illinois’Uniform Mediation Act (710 ILCS 35/10) and the previous version of Cook Co. Cir. Ct. R. 13.4(e) (eff. October 16, 2012).  The previous Rule 13.4(e)(ix) provided:  “Except as otherwise provided in this rule, the mediator shall have authority to exclude all persons other than the parties from conferences at which negotiations are to occur.”  The new Cook Co. Cir. Ct. R. 13.4(e) also harmonizes subsection (e)(v)(c) with subsection (e)(v)(d)(6) regarding participation of minor children.  In the circumstance where one party wishes to have his or her attorney present at a mediation session but the other party does not or does not have an attorney, the mediator might consider caucusing separately with each party.  See Cook Co. Cir. Ct. R. 13.4(e)(v)(e).

(d) Initial duties of mediator.  Before mediation may begin, the mediator shall:

(1) screen for impediments to mediation, with the screening to be conducted in-person and separately for each party and with the information to be kept confidential from the other party;
(2) advise the parties that the mediator neither represents nor advocates for either party and will not provide therapy or counseling to either party;
(3) explain to the parties that no legal advice will be provided, although the mediator may provide legal information;
(4) advise the parties that each has a right to consult with an attorney at anytime during the mediation process;
(5) explain that the mediator may speak to either party or either party’s attorney without the other party or the other party’s attorney present;
(6) advise the parties that minor children may be allowed to participate if the parties and the mediator agree;
(7) define and describe the process of mediation to the parties, including the appropriate procedure when evidence of impediment to mediation becomes apparent after mediation is in progress;
(8) explain the mandated reporting requirements of the Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. as well as the application of rules of privilege and confidentiality in the mediation process;
(9) disclose the nature and extent of any existing relationships with the parties or their attorneys and any personal, financial, or other interests that could result in bias or a conflict of interest on the part of the mediator;
(10) determine the issues to be mediated; and
(11) confirm the fee arrangements with the parties in writing.

Committee Comment:  This rule is derived from the previous version of Cook Co. Cir. Ct. R. 13.4(e) (vii) and(e)(viii) (eff. October 16, 2012). In the above list of duties, the following items are in the previous version of the rule:  (1), (2), (3), (4) (regarding legal advice), (7), (8), and (9). Additional duties of mediators are taken from rules of other circuit courts in Illinois.

Regarding Cook Co. Cir. Ct. R. 13.4(e) (v)(d)(1) and (7), “impediment to mediation” is defined in 13.4(e)(i)(b)(3).

Regarding Cook Co. Cir. Ct. R. 13.4(e)(v)(d)(3), the differentiation between “legal information” (which the mediator may provide) and “legal advice” (which the mediator may not provide) is not always precise.  Generally, however, “legal information” is a description of the law and the legal process whereas “legal advice” involves analyzing the application of the law to a litigant’s situation or making a suggestion of what action a litigant should take on a legal issue.

Regarding Cook Co. Cir. Ct. R. 13.4(e)(v)(d)(8), under 325 ILCS 5/4 of the Abused and Neglected Child Reporting Act, 325 ILCS 5/1, et seq. , categories of mandated reporters who are likely to be conducting mediations include:  social workers, licensed professional counselors, licensed clinical professional counselors, registered psychologist and assistants working under the direct supervision of a psychologist and psychiatrists.  The list of mandated reporters does not explicitly include attorneys or mediators. However, Public Act  98-67 amended 325 ILCS 5/4 (effective July 15, 2013) to provide:  “The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and his or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client.”

 

For further guidance regarding the conduct of mediation, see: (A) the “Model Standards of Conduct for Mediators” (2005), which were approved (or adopted) by the American Arbitration Association, the American Bar Association, and the Association for Conflict Resolution, and which are available online at: https://www.adr.org/sites/default/files/document_repository/AAA-Mediators-Model-Standards-of-Conduct-10-14-2010.pdf (last accessed Apr. 23, 2024); and (B) the "Model Standards of Practice for Family and Divorce Mediation" (2000) which were approved by the Association of Family and Conciliation Courts and are available online at: https://www.afccnet.org/Portals/0/PDF/ModelStandardsOfPracticeForFamilyAndDivorceMediation.pdf?ver=98FZzpKau_RcPMWnL0KkRQ%3D%3D (last accessed Apr. 23, 2024).

(e) Private consultations with mediator.  The mediator may, during the course of mediation, speak privately to a party and the party’s attorney outside the presence of other parties and their attorneys.  Likewise, a party to the mediation and the party’s attorney may request to speak privately with the mediator outside the presence of other parties and their attorneys.

Committee Comment:  This rule is derived from Cook Co. Cir. Ct. Rs. 20.04(b) (Law Div.) (eff. April 5, 2004) and 21.04(b) (Chancery Div.) (eff. August 1, 2013).

(f) Assistance of nonparties.  If the mediator believes it would be helpful to the settlement of an issue, the mediator may, with the consent of the parties, obtain information or assistance from nonparties and request their participation in the mediation.

Committee Comment:  This rule is derived from Michigan Court Rule 3.216(H)(4)(eff. September 5, 2013).

(g) Evaluative Mediation.  With consent of the parties and the mediator, the mediation may include Evaluative Mediation.  The mediator’s recommendation pursuant to Evaluative Mediation may not be submitted or made available to the court without the consent of the parties.  The identity of the party or parties who rejected the mediator’s recommendation shall not be disclosed to the court.

Committee Comment:  “Evaluative Mediation” is defined in Cook Co. Cir. Ct. R. 13.4(e)(i)(b)(2). This rule is derived from Michigan Court Rules 3.216(A)(2) and 3.216(I) (eff. September 5, 2013).

(h) Adjournment.  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.

Committee Comment:  This rule is derived Cook Co. Cir. Ct. Rs. 20.04(d) (Law Div.) (eff. April 5, 2004) and 21.04(d) (Chancery Div.) (eff. August 1, 2013).

(i) Termination.  A party may at any time move to terminate mediation for good cause shown.

(vi) Completion of Mediation.

(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 settlement agreement which is signed by each of the parties;
(2) Entry of an order or judgment of the court approving an oral settlement agreement;
(3) Certification by the mediator that the mediation has been concluded without the parties reaching agreement on any issues or with the parties reaching agreement as to some but not all issues;
(4) Entry of an order by the court, upon the motion of a party or the mediator, or upon the court’s own motion, terminating the mediation for good cause shown.

(b) Full or partial agreement.  If a full or partial agreement is reached in mediation, the mediator shall confirm the settlement terms in a written memorandum of understanding.  In the discretion of the mediator, the attorneys for the parties may be asked to draft the written agreement.

(c) Report of mediation.  Within 7 days of the completion of mediation, the mediator shall so advise the court on a court-approved form stating only the date of completion of the process, who participated in the mediation, whether settlement was reached, and whether further mediation is contemplated.

(d) When a settlement agreement is binding. Settlement agreements reached in mediation are not binding upon the parties or the court unless:  (i) the agreement is in writing, signed by the parties, not unconscionable and approved by the court, or (ii) the agreement is oral, has been stated in the record, has been approved by the court, and the court has excused the need for a written agreement upon good cause shown. Settlement agreements shall be set forth or identified in a judgment or order of the court.  See Cook Co. Cir. Ct. R. 13.4(e)(ix)(a) regarding privileged communications during mediation.

 

(vii)Personal Safety; Presence of Sheriff’s Deputy.  At all times while any mediation is occurring at Family Mediation Services, a Cook County Sheriff’s Deputy shall be posted at the mediation facility to provide for the personal safety of the mediators and parties.
 

Committee Comment:  This rule is derived from the previous Cook Co. Cir. Ct. R. 13.4(e)(xvii) (eff. October 16, 2012). The requirement of the posting of a Cook County Sheriff’s Deputy does not apply to use of private mediators.

(viii) Discovery.

(a) Issues of  allocation of parental responsibilities, non-parent visitation, or relocation of the child.  Unless otherwise agreed by the parties, or ordered by the court, the parties may not engage in discovery on issues of allocation of parental responsibilities, non-parent visitation or relocation of the child while those issues are being mediated.

Committee Comment:  In most cases, resources can be saved without prejudice to the parties by limiting discovery of child- related issues during mediation.  Generally, parties will be aware of the main facts related to child-related issues.  Moreover, experience has shown that the conduct of discovery of issues related to the allocation of parental responsibilities can undermine the effectiveness of mediation.  In appropriate circumstances, however, discovery could proceed during mediation of issues related to the allocation of parental responsibilities by stipulation of the parties or order of the court.  The previous Cook Co. Cir. Ct. R. 13.4(e)(iii) (eff. October 16, 2012), provided:  “The Domestic Relations Division judge shall have discretion to stay discovery related to the mediation until such time as mediation is concluded.”

 

(b) Other issues.  Nothing in these rules shall be construed to limit or defer discovery regarding financial issues.  However, the court may in its discretion limit or stay discovery related to mediation of financial and other issues while those issues are being mediated.

Committee Comment:  Unlike custody-related issues, one or both parties to a dispute regarding financial issues often may not be aware of important facts regarding the financial issues.  Thus, discovery is not automatically stayed during mediation of financial issues, although a court has discretion to stay discovery during mediation of financial issues.

(ix) Confidentiality and Privilege.

(a) General rule.  Mediation communications shall be confidential and privileged, not subject to discovery or admissible in evidence in accordance with the provisions of the Uniform Mediation Act, 710 ILCS 35/1, et seq.  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

Committee Comment:  The previous rules governing confidentiality and privilege were Cook Co. Cir. Ct. R. 13.4(e)(ix), (x) and (xi) (eff. October 16, 2012).  The previous rules are generally similar to the Cook Co. Cir. Ct. R. 13.4(e)(ix), but the previous rules did not make reference to the Uniform Mediation Act, 710 ILCS 35/1, et seq.

(b) Privilege against Disclosure; Waiver and Preclusion of Privilege; Exceptions to the Privilege.  The privilege against disclosure, the waiver and preclusion of privilege, and the exceptions to the privilege in mediation shall be governed in accordance with the Uniform Mediation Act, 710 ILCS 35/1, et seq.

Committee Comment:  This rule is derived from Cook Co. Cir. Ct. Rs. 20.07 (Law Div.(eff. April 5, 2004)) and 21.07 (Chancery Div.) (eff. August 1, 2013).  Since confidentiality and privilege are governed by the Illinois Uniform Mediation Act, reference is made to that statute.  The proposed rule does not include provisions regarding confidentiality and privilege for forms of alternative dispute resolution other than mediation.  The scope of confidentiality and privilege in connection with forms of alternative dispute resolution other than mediation will be subject to agreements by which the parties entered into those forms of ADR, as well subject to laws that may govern those forms of ADR.  See Cook Co. Cir. Ct. R. 13.4(e)(v)(g) which provides:  “The mediator’s recommendation pursuant to Evaluative Mediation may not be submitted or made available to the court without the consent of the parties.”

(x) Qualifications of Mediators.

(a) Family Mediation Services.  Mediators hired by Family Mediation Services should possess a Master’s Degree in Social Work, Psychology, Counseling, or a Juris Doctorate degree or an equivalent in a related field, and at least 5 years experience in mediation, mental health or a related field. Mediators will be compensated according to the grade level as contained on the schedule of salaries established by the Cook County Board of Commissioners. Prior to conducting mediation conferences, mediators shall be required to attend a 40 hour approved mediation training course which shall cover conflict resolution and mediation process and techniques. All mediators shall be required to attend continuing education programs as determined by the Director of Family Mediation Services which shall include, at a minimum, psychological issues and needs of children in cases of separation as well as family dynamics.

Committee Comment:  This rule, which changes the name of the formerly named Marriage and Family Counseling Service to more accurately reflect the activities of the Service, derives from the previous Cook Co. Cir. Ct. R. 13.4(e)(5) (eff. October 16, 2012).

 

(b) Court-certified private mediators.

(1) The Presiding Judge of the Domestic Relations Division shall establish and maintain a list of court-certified mediators (“certified mediators”).  Certified mediators shall possess the following minimum qualifications and shall serve at the discretion of the Presiding Judge:

• Illinois license as an attorney, psychologist, social worker, or marriage and family therapist;
• Three or more years experience in the mediator’'s applicable profession;
• Completion of a minimum 40-hour mediation training program as approved by the Presiding Judge of the Domestic Relations Division;
• Completion of continuing education as prescribed by the Presiding Judge of the Domestic Relations Division from time to time; and
• Knowledge and competence in the following areas as applicable to the issues to be mediated and in identifying impediments to mediation:  domestic relations law; the impact of family conflict on parents, children and other participants; child development; participation of children in mediation; family violence; child abuse and neglect; and the impact of culture and diversity on domestic relations disputes.

(2) Individuals who wish to be placed on the list of certified mediators for appointment as mediator for discretionary mediation under Cook Co. Cir. Ct. R. 13.4(e)(ii)(c) must be Illinois licensed attorneys.  Appointments from the list of certified mediators for mandatory mediation under Cook Co. Cir. Ct. R. 13.4(e)(ii)(b) must be by stipulation of the parties.  See Cook Co. Cir. Ct. R. 13.4(e)(iii)(b) requiring the appointment of Family Mediation Services for mandatory mediation under Cook Co. Cir. Ct. R. 13.49(e)(ii)(b).

(3) Individuals meeting the requirements above who wish to become certified mediators shall file an application with the Presiding Judge.  The application shall provide proof by affidavit supported by documentation of the requirements above, the hourly rate that the mediator will charge for mediation services, the business address in Cook County where the mediation services will be provided, coverage by professional responsibility insurance that covers the mediation process, membership in good standing in the professional organization(s) of the individual’s discipline, and such other information as the Presiding Judge may require.  The Presiding Judge shall ordinarily accept the application or reject it for cause within 90 days of receipt of the application.  The Presiding Judge may also remove an individual from the list of certified mediators for cause.  The Presiding Judge may establish an advisory committee to assist in the evaluation of applicants and certified mediators.

(4) Individuals who become certified mediators may be placed on the list of certified mediators for a fixed period of time, not to exceed five years, at the end of which time, the individual may reapply for continued listing.

(5) Acceptance of a listing as a certified mediator may include the obligation to perform a reasonable amount of mediation services for no charge or at a reduced charge.  The obligation of the certified mediator to provide services at no charge or at a reduced charge may not exceed 20 hours of annual services provided by the mediator.

Committee Comment:  These qualifications and procedures applicable to court-certified mediators were arrived at after review and consideration of the previous Cook Co. Cir. Ct. Rs. 13.4(e)(v) (eff. October 16, 2012), 20.08 (Law Div.) (eff. April 5, 2004), 21.08 (Chancery Div.); Michigan Court Rule 3.216(F), (G) (eff. September 5, 2013); and the rules of other Illinois Circuit Courts.

Certified mediators of allocation of parental responsibilities disputes must have Illinois licensure as an attorney, psychologist, social worker, or marriage and family therapist.  Certified mediators of financial disputes must have Illinois licensure as an attorney. Under Cook Co. Cir. Ct. R. 13.4(e)(iii)(a), the parties may stipulate to a private mediator of any domestic relations dispute who does not meet the qualifications in Cook Co. Cir. Ct. R. 13.4(e)(x).

 

The list of areas of knowledge a mediator must possess [the fifth bullet-point under Cook Co. Cir. Ct. R. 13.4(e)(b)(1)] is drawn from The Model Standards of Practice for Family and Divorce Mediation, Standard II(A) (2000), developed by the Association of Family and Conciliation Courts and other organizations.  The Model Standards are available online at: http://www.mediate.com/articles/afccstds.cfm (last accessed February 21, 2014).  The rule specifies that the areas of knowledge shall be “as applicable to the issues the mediator will handle.”  Thus, a person who will mediate only financial disputes will not necessarily need to have knowledge of child-related issues, and a person who will mediate only issues related to allocation of parental responsibilities, visitation for a non-parent, or relocation will not necessarily need knowledge of financial issues relevant to domestic relations law.

 

 

(c) Conflicts of interest of mediators.

(1) The duty of mediators to disclose conflicts of interest and the right of parties to waive conflicts of interest are governed by the Uniform Mediation Act, 710 ILCS 35/9.

(2) No mediator associated with a law firm or a counseling agency shall mediate a dispute when the mediator knows or reasonably should know that another attorney or counselor associated with that firm or agency would be prohibited from undertaking the mediation.  A mediator who would otherwise be disqualified from mediation as a result of imputed disqualification may undertake the mediation only under the following circumstances:  (i) there has been full disclosure to both parties about the conflict of interest and the imputed disqualification of the mediator, including the extent to which information is shared by personnel within the agency; and (ii) all parties consent to the mediation in writing.

Committee Comment:  The first paragraph of Cook Co. Cir. Ct. R. 13.4(e)(x)(c) follows existing state law (Uniform Mediation Act) regarding disclosure of conflicts of interest.  The second paragraph of subsection (e)(x)(c) is derived from Lake Co. Cir. Ct. R. 11.13(G) (19^th Cir.)(eff. August 6, 2010), although the waiver provision of the Lake County Rule applies only to therapist-mediators.

The previous Rule 13.4(e)(vi)(eff. October 26, 2012) provided: “No mediator shall continue service on a case in which his or her impartiality is impaired by any personal, financial or other relationship with either party or his or her counsel. If the mediator has or has had any conflict of interest, including, but not limited to, a current or previous therapeutic, personal, or economic relationship with either any child, stepparent, other relative, counsel, or anyone else involved in the case, he or she shall decline the appointment.”

(xi) Immunity of Mediators.  A person appointed to act as a mediator under Cook Co. Cir. Ct. R. 13.4(e)(iii)(a) or Cook Co. Cir. Ct. R. 13.4(e)(iii)(b) shall have judicial immunity in the same manner and to the same extent as a judge, provided that in order for such immunity to extend to a private mediator appointed by stipulation under Cook Co. Cir. Ct. R. 13.4(e)(iii)(a), a court order approving the stipulation is required.

Committee Comment:  Ill. S. Ct. R. 99(b)(1)( eff. Mar. 1, 2013) provides:  “Each judicial circuit electing to establish a mediation program shall adopt rules for the conduct of the mediation proceedings. A person approved by the circuit to act as a mediator under these rules shall have judicial immunity in the same manner and to the same extent as a judge.” In accordance with Rule 99(b)(1), it is the intention of the Committee that court-certified private mediators, see Cook Co. Cir. Ct. R. 13.4(e) (x)(b), as well as private mediators to whom the parties have stipulated in a court order to mediate a specific matter, see Cook Co. Cir. Ct. R. 13.4(e) (iii)(a), will have judicial immunity. However, nothing in these rules is intended to extend such immunity to mediators who are neither court-certified nor designated in a stipulated court order to mediate a specific matter.

(xii) Reporting to the Illinois Supreme Court.

(a)  Mandatory mediation.  The procedures for reporting information and statistics to the Illinois Supreme Court regarding mandatory mediation ordered pursuant to this rule shall be governed by Ill. S. Ct. R. 905 and any other applicable Illinois Supreme Court Rule.

 

 

(b) Discretionary mediation .  The Domestic Relations Division through the Office of the Chief Judge shall report the number of cases submitted to discretionary mediation pursuant to this rule to the Illinois Supreme Court. This report shall also describe the type of case submitted to mediation.  The report shall be submitted to the Illinois Supreme Court for the calendar year not later than the first day of March of the next calendar year. 

 

Committee Comment:  This rule is derived in part from Cook Co. Cir. Ct. Rs. 20.09 (Law Div.) (eff. April 5, 2004), 21.09 (Chancery Div.) (eff. August 1, 2013).  In addition, Ill. S. Ct. R. 99(b)(2)(x) (eff. Mar. 1, 2013 ) requires that circuit rules address the “Mechanism for reporting to the Illinois Supreme Court on the mediation program.”

(xiii) Evaluation of Program.

(a) Evaluation of mandatory mediation.  The procedure for evaluation of mandatory mediation shall be governed by Ill. S. Ct. R. 905 and any other applicable Illinois Supreme Court Rule.  The Presiding Judge may expand on the procedures established by Illinois Supreme Court Rules.

(b) Evaluation of discretionary mediation.  The court shall collect information regarding the effectiveness of the mediation program.  Such information shall include the parties’ perceptions of having been heard, having received sufficient information, having been treated fairly, and having been treated with dignity.  To facilitate this activity, mediators will supply attorneys or parties with evaluation forms at the completion of mediation.  The attorneys are encouraged to complete, and have their clients complete, the forms and return them to the court within 10 days of the final mediation session. Mediators are encouraged to complete an evaluation form and submit the court within 10 days of the final mediation session. 

Committee Comment:  This rule is derived from Cook Co. Cir. Ct. Rs. 20.11 Law Div.) (eff. April 5, 2004) and 21.11 (Chancery Div.) (eff. August 1, 2013).

(c) Evaluation of other forms of alternative dispute resolution.  The Presiding Judge may establish procedures for evaluation of forms of alternative dispute resolution other than mediation.

 

(d) Advisory Committee.  The Presiding Judge of the Domestic Relations Division shall establish an advisory committee whose membership shall consist of at least 6 persons, including 2 Domestic Relations Division judges, the Director of Family Mediation Services, 2 practicing attorneys in the field of domestic relations, and a practicing mental health professional. Members of the committee shall be appointed by the Presiding Judge for terms not to exceed two years.  From time to time, as requested by the Presiding Judge, the committee shall assist the Presiding Judge of the Domestic Relations Division in reviewing these rules and recommend whether any changes should be made in the program.

Committee Comment:  The rule regarding the Advisory Committee is derived from the previous Cook Co. Cir. Ct. R. 13.4(e)(xx)(eff. October 16, 2012).

(f) Parenting Education Program - Parenting education programs are available to protect the child(ren)'s best interest pursuant to Section 404.1 of the Illinois Marriage and Dissolution of Marriage Act and Illinois Supreme Court Rule 924. The Circuit Court of Cook County has established an in class program called Focus on Children, and has authorized an online program to be used as an alternative to the in class program.

(i) For purposes of this rule 13.4(f), Authorized parenting education program shall mean Focus on Children or the online parenting education program authorized by the Presiding Judge of the Domestic Relations Division. The identity of the authorized online parenting education program shall be established by general order of the Domestic Relations Division.

(ii) All parents of minor children involved in any action involving allocation of parenting responsibilities, including post-decree proceedings for modification of parental responsibilities, or relocation, shall attend and complete an authorized parenting education program, except for good cause shown.

(iii) The authorized parenting education programs shall be educational in nature and not designed for individual therapy. Each program may be divided into sessions, which in the aggregate shall be a minimum of four (4) hours in duration.

(iv) Parties shall complete an authorized parenting education program within the time period set forth by Illinois Supreme Court Rule 924, unless excused by the Court, in its discretion, for good cause shown. A finding of good cause shall include a finding that excusing one or both parents from attendance is in the best interests of the child. If the Court excuses a party from attending an authorized parenting education program, the Court shall make a written finding in the record stating why the party is excused.

(v) Parties may complete the online authorized parenting education program without a court order. However, completion of the online authorized parenting education program shall occur no earlier than sixty (60) days prior to the initiation of the proceedings and no later than sixty (60) days after the initial case management conference

(vi) All parties ordered to mediation or emergency intervention shall be required to attend and complete the in class Focus on Children program, unless excused by the Court for good cause shown. Those parties who are referred to mediation shall complete Focus on Children prior to their first mediation date. For purposes of this paragraph, the parties' mediation intake date shall not be considered the first mediation date.

(vii) A party residing outside of Cook County, Illinois, may complete the authorized online parenting education program. If said party is ordered by the court to attend an in class parenting education program, the court may accept evidence of participation in a program similar to Focus on Children authorized by any court of competent jurisdiction in the state or county in which the party resides.

(viii) Within thirty (30) days of successfully completing an authorized parenting education program, the party shall file with the Clerk of the Circuit Court a certificate attesting to the party's successful completion of the program. A party's failure to complete an authorized parenting education program may result in sanctions imposed by the Court.

(ix) No final judgment regarding allocation of parental responsibilities, parenting time or relocation shall be entered without the filing of the parties’ certificates of completion, unless attendance at an authorized parenting education program is excused by the Court for good cause shown or the Court in its discretion allows the parties additional time to file their certificates.

(x) The costs of authorized parenting education programs shall be established by general order of the Domestic Relations Division and shall be paid by the parties unless waived pursuant to 735 ILCS 5/5-105, 5/5-105.5, or Illinois Supreme Court Rule 298. Prior to registering for an authorized parenting education program, any party receiving a fee waiver shall notify the parenting education program of the waiver.

(xi) Parties registered for Focus on Children who do not complete the program or cancel their registration less than twenty-four (24) hours in advance may be required to re-register and may be required to pay an additional fee. Parties who do not complete the authorized online program within thirty (30) days of registration for the program may be required to re-register and may be required to pay an additional fee.

(xii) Nothing in these rules shall preclude the Court from ordering either party to attend additional authorized parenting education courses.

[Amended, effective October 16, 2012].

(g) Supervision of Discovery - Discovery shall be conducted pursuant to Illinois Supreme Court Rules, and all motions, petitions and applications concerning discovery shall be brought before the appropriate judge for supervision and enforcement.  

(i)  The time for the commencement, completion and compliance with discovery shall be governed by Illinois Supreme Court Rules and as the judge may direct.   

(ii)  After discovery closes, except as provided by Illinois Supreme Court Rules 213(i) and 214, no discovery shall be allowed except as specifically approved by order upon a showing of extraordinary circumstances.

(iii)  Every objection to an interrogatory or answer shall include the interrogatory   and/or the answer giving rise to the objection. 

(iv) Every Illinois Supreme Court Rule 214 Affidavit of Compliance shall, in addition to the requirements of the Illinois Supreme Court Rule, list with specificity the documents produced in accordance with the request. 

(h) Status Call - The number and frequency of automatic status calls during a calendar year shall be pursuant to order of the Presiding Judge of the Domestic Relations Division.  Notice of the first status for any case shall be sent by the Clerk of the Circuit Court to the attorneys of record by postcard no less than thirty (30) days prior to the commencement of said call and shall also be published in a newspaper of general circulation and posted in the courtroom. All cases shall be called for status report no later than six (6) months after the case is filed. Failure of the petitioner to answer the status call shall result in a dismissal for want of prosecution.  

(i)  Case Management Conferences - Case management conferences shall be held as prescribed by Illinois Supreme Court Rules 218, 904 and 923.

(j) Pre-trial Settlement Conference

(i)  At the request of any party by written motion or by order of the judge, a settlement pre-trial conference may be held to attempt to resolve contested issues.

(ii)  The completed Uniform Pre-Trial Memorandum, in the form promulgated by the Presiding Judge of the Domestic Relations Division, shall be delivered to the judge and each attorney of record and unrepresented party no less than seven (7) days prior to the Settlement Pre- Trial Conference.  The Pre-Trial Memorandum shall not become part of the common law record in the case unless otherwise agreed to by the parties.

(iii)  Failure to comply with this rule shall subject the non-complying party to sanctions, unless good cause is shown for failure to comply. 

(iv) Upon assignment to a trial calendar, the trial judge may conduct a pre-trial conference in addition to any previous conference(s). Participation in a pre-trial conference with the trial judge may constitute a waiver of a party’s right to a substitution of judge as permitted by 735 ILCS 5/2-1001(a)(2).  The trial judge may require the parties to waive their right to request a substitution of judge in the event the trial judge proceeds to conduct a pre-trial conference.

[Amended, effective January 6, 2016.]

(a) Assignment for Trial - It shall be the responsibility of the preliminary judge and the individual calendar judge to schedule matters for trial.

(i) Default Cases - On application of the Petitioner and the filing of the Certification for Default Hearing, when appropriate, an order of default shall be entered and the matter assigned instanter to a trial judge for hearing.

(ii) Uncontested/Agreed Cases - The following procedure shall be used with regard to all uncontested final matters (prove-ups):

a. In the event the matter was assigned to a trial judge as a contested matter and the parties subsequently resolve all outstanding issues, the parties shall schedule the hearing as an uncontested matter with the judge to whom the case is assigned.

b. An uncontested cause may be heard when an Uncontested Cause Stipulation is signed by the parties and their attorneys. The parties shall schedule the uncontested hearing with the Clerk of the Circuit Court or, at the preliminary or individual judge’s discretion, directly with the judge or the judge’s coordinator.

c. The parties shall submit to the court at the time of prove-up the following:

1. A proposed Judgment for Dissolution of Marriage or Civil Union;
2. A signed settlement agreement, if any;
3. A Parenting Plan when relevant; and
4. An Order for Support when relevant.

(iii) Contested Cases - When the individual calendar judge or preliminary judge schedules a contested case for trial, the case shall be assigned a date certain for trial to commence. The preliminary judge shall assign the case to a trial judge from that team, or if no trial judge is available, to the Presiding Judge of the Domestic Relations Division for further assignment, on the date scheduled for the trial to commence. To the extent that scheduling permits, all contested cases will be heard on a consecutive day basis until conclusion with priority given to allocation of parental responsibilities cases.

(a) Filing - All post-judgment motions, petitions and applications shall be filed with the Clerk of the Circuit Court.

(b) Assignment - Post-judgment matters include all matters arising after a judgment is entered. All post-judgment matters shall be heard by a team trial judge or by the individual calendar judge from which judgment was entered except that if the judgment is entered by a judge not permanently assigned to the case, then any subsequent post-judgment motion shall be heard by the judge or team to whom the case is permanently assigned.

(c) Motions Pursuant to 735 ILCS 5/2-1203 - These motions shall be returned to and heard by the judge who entered the judgment unless otherwise ordered.

(d) Motions Pursuant to 735 ILCS 5/2-1401 - Petitions pursuant to 735 ILCS 5/2-1401 shall be heard by the calendar to whom the case is currently assigned. However, if the judge hearing the motion is not the judge who entered the Judgment and determines that the matter should be heard by the judge who originally entered the Judgment, then the case shall be transferred to the Presiding Judge of the Domestic Relations Division for appropriate reassignment.

(e) Courtroom Administration - Each courtroom shall have posted a standing order regarding discovery cut-off dates, courtesy copies of pleadings, written stipulations, stipulated exhibits and all other matters that facilitate the trial process.

(f) Presentation of Documents - At each court appearance, the moving party shall make available to the judge all pertinent documents including, but not limited to, a copy of the pending motion(s), Notice of Motion, Judgment for Dissolution of Marriage or Judgment for Dissolution of Civil Union and Agreements referenced within, and all applicable orders including the most recent order. A notice to that effect shall be provided by the Clerk of the Circuit Court to all persons who file motions at the time of the filing of their motion. Failure to provide pertinent documents shall not necessarily be a basis for a continuance of the matter where the court is otherwise able to proceed.

(a) Default Cases - In all default cases, all testimony shall be recorded, transcribed, and filed with the Clerk of the Court.

(b) Uncontested Cases - In cases where each party is either represented by counsel or has filed a pro se appearance, the necessity of having a court reporter present and/or the requirement that a transcript be prepared and filed with the court may be waived by counsel or the parties with approval of the Court. In the event no waiver has been filed, a transcript of the proceedings must be filed with the circuit clerk within twenty-eight (28) days.

(c) The court reporter who recorded and transcribed the testimony shall certify the correctness of the transcript.

(d) The attorney for the moving party shall provide the transcript, unless otherwise agreed or ordered by the court.

(a) In General

(i) Initiation - All requests for Rule to Show Cause, Adjudication of Indirect Criminal Contempt or Indirect Civil Contempt must be in writing, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.

(ii) Attachments - A copy of the Judgment or Order alleged to have been violated must either be attached to any petition or motion alleging a violation, or presented to the court.

(iii) 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 right to file a written response.

(iv) Form of Order - When a judge issues a Rule to Show Cause, the form Order on Rule to Show Cause provided by the court shall be used.

(v) Service of Rules - Unless otherwise directed by the court, service of any Rule to Show Cause shall be as required by Cook County Circuit Court Rule 6.1(a) and Illinois Supreme Court Rule 105(b).

(vi) Findings of Contempt - Every 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 precise amount of any arrearage found to be due and owing. Upon every finding of contempt that results in incarceration, a form order of commitment provided by the court shall be used.

(vii) Return to Court - Every 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 Relations Lawyer Referral Program

(i) Qualifications and Administration

 

a. The Domestic Relations Division of the Circuit Court of Cook
County in conjunction with any duly constituted, recognized Bar Association, will recruit attorneys to represent indigent litigants in Domestic Relations contempt hearings. An attorney appointed by the Court in such hearings shall be compensated as provided in Illinois Supreme Court Rule 299. Interested attorneys will be referred to the applicable Bar Association to complete an application. The application forms will be submitted to the applicable entity (committee) created by that Bar Association for review of such forms. This entity will review the applications and approve or disapprove applicants. If necessary, the
entity will interview applicants. If approved by the entity, the Bar Association will submit the names of newly nominated attorneys to the Presiding Judge of the Domestic Relations Division for his/her approval.

b. Each attorney qualified to represent indigent litigants in Domestic Relations contempt hearings will submit proof annually of the attorney’s license in good standing, his/her current malpractice insurance coverage and information of any “ARDC” activity by completing an “Application for Continued Participation,” provided by the Bar Association.

c. The Bar Association will maintain a list of approved attorneys,
schedule weekly assignments during each month and submit the monthly schedule to the Presiding Judge at least two weeks prior to each month. Each judge will make appointments pursuant to the monthly schedule.

d. In order to qualify as an attorney representing indigent litigants in
Domestic Relations contempt hearings, an attorney must have at least two years experience in domestic relations cases, must meet the yearly update requirements set forth in paragraph (b) above, and must attend an initial training seminar.

e. After the Court’s ruling on the contempt hearing, the attorney
appointed by the Court may file his/her Petition for Attorney’s Fees setting forth the in-court and out-of-court services provided to the Respondent on the Petition for Rule to Show Cause. The work done shall be set forth with specificity setting forth the service provided and the amount of time expended on each service. The attorney shall provide notice to all parties or attorneys of record as well as notice to the attorney’s own client in the contempt proceedings. The Petition shall not be presented on the Agreed Order Motion Call. The Court shall approve all of the time that was reasonably and necessarily expended in representing the Respondent in the contempt proceedings. Upon the receipt of the Order for Attorney’s Fees, the appointed attorney shall personally deliver or mail a certified copy of the Order with a copy of the petition and exhibits to the Office of the Cook County Clerk, Clerk of the Board, 118 N. Clark Street, Chicago, IL 60602.

(ii) Procedure for Appointments

a. Upon the filing of a Petition for Rule to Show Cause Why the
Respondent to the Rule shall not be held in Civil or Criminal Contempt for the failure to comply with a prior Court order or where the Court already has entered a ruling finding the Respondent in contempt, and in the event that the Court determines that an attorney should be appointed for Respondent on the petition, the Court shall inquire whether the Respondent is financially able to obtain his/her own counsel. In the event that the Respondent states that he/she is not financially able to obtain his/her own counsel, the Court shall conduct an inquiry under oath
to determine the financial circumstances of the Respondent who shall submit an affidavit in accordance with Rule 13.3.1 of the Circuit Court of Cook County setting forth his/her income, expenses and assets owned. When the Court determines that the Respondent lacks sufficient funds to obtain counsel, it shall appoint an attorney from an approved list provided by the Presiding Judge of the Domestic Relations Division as otherwise prescribed in these Rules.

b. The Court shall cause to be entered an Order of Appointment
of the selected counsel in accordance with the form prescribed by the Presiding Judge of the Domestic Relations Division. Each judge will then cause a copy of the Order of Appointment to be forwarded to the appointed attorney by mail as well as by facsimile with a return date on which the matter will be next heard by the Court as set forth in the Order. The appointing judge will then cause a copy of the Order to be mailed to all counsel or parties of record.

c. In the event the attorney appointed by the Court is unable to
accept the appointment he/she shall immediately notify the Court in writing with a copy to all parties. This notification may be made by facsimile. The Court shall then immediately appoint another attorney from the approved list utilizing the same procedure set forth above.

d. In the event that the Court determines that the appointed
counsel for Respondent must immediately appear on the date of the appointment then the Court shall cause the Clerk of the Court to contact counsel by phone and request him/her to immediately appear. In the event counsel is unable to immediately appear, the Court shall appoint another counsel who is able to immediately appear to represent the Respondent.

e. Once the Court appoints an attorney to represent the Respondent on a Petition for Rule to Show Cause, the appointed attorney shall represent the Respondent solely on the issues set forth in the Petition for Rule to Show Cause and on no other matters. The appointment of the appointed attorney shall terminate at the ruling on the hearing on the Petition for Rule to Show Cause unless otherwise extended by the Court for good cause shown. In the event that the attorney appointed to represent the Respondent determines that an irreconcilable conflict exists between the attorney and the Respondent, the attorney may file a petition to withdraw from the case. Nothing in these Rules prevents the Court from reappointing the attorney for the Respondent in the same cause on a future date for good cause shown.

(a) A Domestic Relations Court Approved List of attorneys for minor children, guardians ad litem and child representatives shall be maintained by the Office of the Presiding Judge of the Domestic Relations Division of the Circuit Court of Cook County and distributed to judges in the Domestic Relations Division.

(b) Any attorney applying for placement on the approved list shall complete a notarized and sworn application provided by the Office of the Presiding Judge of the Domestic Relations Division, submit to an interview by the Domestic Relations Division Child Representative Screening Committee, and meet the minimum requirements promulgated by the Office of the Presiding Judge of the Domestic Relations Division of the Circuit Court of Cook County. The Presiding Judge shall have the authority to amend the minimum requirements for the appointment as attorney for the minor child, guardian ad litem or child representative based on recommendations by the Domestic Relations Division Child Representative Screening Committee.

(c) An attorney on the approved list shall have and maintain appropriate errors and omissions insurance coverage and shall be required to present proof of said insurance, upon request, to the court.

(a) Appointment - The Court may appoint a parenting coordinator when it finds the following:

1. The parties failed to adequately cooperate and communicate with regard to issues involving their children, or have been unable to implement a parenting plan or parenting schedule;
2. Mediation has not been successful or has been determined by the judge to be inappropriate; or
3. The appointment of a parenting coordinator is in the best interests of the child or children involved in the proceedings.

Notwithstanding the above, the court may appoint a parenting coordinator by agreement of the parties.

(b) Qualification - The parenting coordinator shall possess the minimum qualifications of a mediator with Family Mediation Services as set forth in Rule 13.4 of the Rules of the Circuit Court of Cook County.

(c) Confidentiality - Communications with the parenting coordinator shall not be confidential, except that upon the agreement of both parties and the parenting coordinator, the court may deem all or any specific part of the communications with the parenting coordinator to be confidential, if such designation appears to be in the best interests of the children.

(d) Duties

(i) The parenting coordinator shall educate, mediate, monitor court orders and make recommendations to the court as necessary. In addition, the parenting coordinator may recommend approaches that will reduce conflict between parents and reduce unnecessary stress for the children.

(ii) The parenting coordinator may monitor parental behaviors and mediate disputes concerning parenting issues and report any allegations of noncompliance to the court, if necessary.

(iii) The parenting coordinator shall recommend outside resources as needed, such as random drug screens, parenting classes and psychotherapy.

(iv) The parenting coordinator may recommend detailed guidelines or rules for communication between parents.

(v) The parenting coordinator shall maintain communication among all parties by serving, if necessary, as a conduit for information.

(vi) The parenting coordinator may meet with the parties, the children, and significant others jointly or separately. The parenting coordinator shall determine if the appointments shall be joint or separate.

(vii) Each parent should direct any disagreements or concerns regarding the children to the parenting coordinator.

(viii) The parenting coordinator shall work with both parents to attempt to resolve the conflict and, if necessary, shall recommend an appropriate resolution to the parents.

(ix) The parenting coordinator shall not have any decision-making authority which is the sole province of the court.

(x) The parenting coordinator shall not serve as a court’s professional (as provided in 750 ILCS 5/604.10(b)) 
in any proceeding involving one or more parties for whom the parenting coordinator has provided parenting coordination services.

(xi) The parenting coordinator shall not be permitted to give a recommendation or opinion concerning the ultimate issue of fact, law, or mixed issue of fact and law as to allocation of parental responsibilities, visitation by a non-parent, or relocation.

(xii) No parenting coordinator shall be held liable for civil damages for any act or omission in the scope of the parenting coordinator’s employment or function, unless such person acted in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of the rights, safety or property of another.

[Amended, effective January 6, 2016.]

In accordance with Illinois law, lawyers and parties choosing to represent themselves without a lawyer, also known as self-represented litigants, must comply with the same rules and will be held to the same standards, including those listed below.

(a) Decorum, Fairness and Administration

(i) A lawyer shall treat the court, opposing counsel and witnesses in a civil and courteous manner, not only in court, but also in all written and oral communications.

(ii) A lawyer shall cooperate in all phases of litigation that are not contested, reserving debate only for contested issues, in order that cases may be expeditiously resolved without incurring unnecessary expenses.

(iii) Lawyers shall not engage in any conduct that brings disorder or disruption to the courtroom. Lawyers shall instruct their clients and witnesses appearing in court of the proper conduct expected and required in court, and, to the best of their ability, prevent their clients and witnesses from acting inappropriately.

(iv) A lawyer shall not, even when called upon by a client to do so, abuse or engage in offensive conduct or do any acts that may contribute to hostility or acrimony between the parties or others related to the pending action.

(v) A lawyer shall advocate the legitimate interests of his or her client, but shall not exceed the bounds of zealous advocacy.

(vi) Lawyers shall not knowingly misrepresent, mischaracterize, misquote or miscite facts or authorities in any oral or written communication to the court.

(vii) A lawyer shall be prepared for all court appearances, negotiations, and other incidents of litigation.

(viii) A lawyer shall admonish each witness presented by the lawyer, who is not adverse, to testify truthfully.

(ix) A lawyer shall not interrupt the court or opposing counsel, except when necessary to make an effective objection.

(x) A lawyer shall not engage in argument that is deliberatively disruptive or inflammatory.

(xi) A lawyer shall respect that truth and equity are best established in an atmosphere free of agitation.

(xii) A lawyer shall do nothing that might impair the ability of the court to reach a just result.

(xiii) Lawyers shall stipulate to relevant matters if they are undisputed and if no good faith advocacy basis exists for not stipulating.

(xiv) When a draft order is to be prepared by counsel to reflect a court ruling, counsel shall draft an order that accurately and completely reflects the court’s ruling. One counsel will promptly prepare and submit a proposed order to other counsel and attempt to reconcile any differences before the draft order is presented to the court.

(xv) Lawyers shall not engage in ex parte communications with a judge concerning a case pending before the court.

(xvi) Unless specifically permitted or invited by the court, lawyers shall not send copies of correspondence between counsel to the court. This does not include transmission of courtesy copies of pleadings to the court.

(xvii) Lawyers shall adhere to all express promises and to agreements with other counsel, whether oral or in writing.

(xviii) When lawyers reach an oral understanding on a proposed agreement or a stipulation and decide to commit it to writing, the drafter will endeavor in good faith to state the oral understanding accurately and completely. The drafter shall provide the other counsel with the opportunity for review of the writing. As drafts are exchanged between or among counsel, changes from prior drafts shall be identified in the draft or otherwise explicitly brought to the attention of the other counsel. Lawyers shall not include in a draft matter to which there has been no agreement without explicitly advising the other counsel in writing of the addition.

(xix) A lawyer shall at all times act reasonably to protect minor children of the parties engaged in a dispute from adverse effects of the proceedings.

(xx) A lawyer shall not present a claim or assert a defense involving children for other than the purpose contained in the claim or the defense.  For example, a claim for allocation of parental responsibilities, the purpose of which is to reduce an obligation for children’s support, is prohibited.

(b) Scheduling

(i) Lawyers shall not time the filing or service of motions, pleadings or discovery in any way that unfairly limits another party’s opportunity to respond.

(ii) Lawyers shall, absent genuine urgency, consult with each other regarding scheduling matters in a good faith effort to avoid scheduling conflicts.

(iii) Lawyers shall endeavor to accommodate previously scheduled dates for hearings, depositions, meetings, conferences, vacations, seminars, or other functions that produce good faith calendar conflicts on the part of other counsel. If a lawyer has been given an accommodation because of a calendar conflict, the lawyer shall notify those who have accommodated the lawyer as soon as the conflict has been removed.

(iv) Lawyers shall agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided that the clients’ legitimate rights will not be materially or adversely affected.

(v) Counsel shall notify other counsel and, if appropriate, the court or other persons, at the earliest possible time when hearings, depositions, meetings, or conferences are to be canceled or postponed. Early notice avoids unnecessary travel and expense of counsel, and may enable the court to use the previously reserved time for other matters.

(vi) Lawyers shall be punctual and prepared for all court appearances so that all hearings, conferences and trials may commence on time; if delayed, lawyers will notify the court and counsel, if possible.

(c) Discovery Conduct

(i) Lawyers shall not use any form of discovery or discovery scheduling as a means of harassment.

(ii) Lawyers shall cooperate in the production of uncontested discovery.

(iii) Lawyers shall take depositions only when actually needed to ascertain facts or information or to perpetuate testimony. Lawyers shall not take depositions for the purposes of harassment or to increase litigation expenses.

(iv) Lawyers shall not engage in any conduct during a deposition that would not be appropriate in the presence of a judge.

(v) Lawyers shall carefully focus document production requests so that they are limited to those documents they reasonably believe are necessary for the prosecution or defense of an action. Lawyers shall not design production requests that place an undue burden or expense on a party.

(vi) Lawyers shall respond to document requests reasonably and not strain to interpret the request in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents. Lawyers shall not produce documents in a manner designed to hide or obscure the existence of particular documents or information.

(vii) Lawyers shall carefully focus interrogatories so that they are limited to those matters they reasonably believe are necessary for the prosecution or defense of an action, and they shall not design them to place an undue burden or expense on a party.

(viii) Lawyers shall respond to interrogatories reasonably and completely, and shall not strain to interpret them in an artificially restrictive manner to avoid disclosure of relevant and non-privileged information.

(ix) Lawyers shall base their discovery objections on a good faith belief in their merit and will not object solely for the purpose of withholding or delaying the disclosure of relevant information.

(x) Lawyers shall make good faith efforts to resolve by agreement any objections to matters contained in pleadings and discovery requests and objections.

(d) Non-Discrimination and Anti-Harassment Policies

It is the policy of the Domestic Relations Division of the Circuit Court of Cook County to ensure that all individuals conducting business with the Domestic Relations Division are treated in a dignified, civil, respectful and non-discriminatory manner. This policy intends to promote public confidence in the fairness and integrity of the judicial system and the judicial process and prohibits all forms of discrimination and harassment on court premises.

(i) Lawyers shall not engage in discriminatory conduct on court premises. Discriminatory conduct includes actions that cause an individual or group of individuals to be treated less favorably than another individual or group based on a person’s race, color, nationality, sex, gender (including pregnancy and postpartum), gender identity, age, sexual orientation, socioeconomic status, disability, religion or physical characteristics.

(ii) Lawyers shall not engage in any conduct on court premises that could reasonably be interpreted as harassment. For purposes of this policy, harassment is any verbal or physical conduct and/or behavior designed to threaten, intimidate, or coerce an employee, court staff, client, lawyer, litigant, witness, or any other person involved in the case or working in or on behalf of the legal system.

The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this rule:

1. Verbal harassment: Includes, but is not limited to, comments, remarks, jokes or innuendos that are offensive regarding a person’s race, color, nationality, sex, gender (including pregnancy and postpartum), gender identity, age, sexual orientation, socioeconomic status, disability, religion or physical characteristics.

2. Non-verbal harassment: Includes, but is not limited to, the distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect towards any person’s race, color, nationality, sex, gender (including pregnancy and postpartum), gender identity, age, sexual orientation, socioeconomic status, disability, religion or physical characteristics. Also includes knowingly disregarding a person’s personal space.

3. Sexual harassment: Includes, but is not limited to, any uninvited sexual advances, requests for sexual favors or other physical or verbal conduct of a sexual nature, including uninvited touching of a person’s back, hand, arm, leg or any other part of a person’s body, and vulgar or lewd comments, jokes, noises, gestures, text messages or emails. Also includes threats by any officer of the court to recommend or propose certain outcomes in exchange for sexual favors.

(iii) Discrimination and harassment will not be tolerated on court premises. Any lawyer, employee, client, litigant, witness or any other person working in or on behalf of the legal system who believes discrimination or harassment has occurred is encouraged to report the incident to the Attorney Registration and Disciplinary Commission, the Judicial Inquiry Board, law enforcement agencies, the judge presiding over the case or the Presiding Judge of the Domestic Relations Division, as appropriate.

Amended May 6, 2022