 | Rules of the Circuit Court of Cook County |
| General Orders of the Circuit Court of Cook County |
| General Administrative Rules |
| General Administrative Orders |
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PART 13. DOMESTIC RELATIONS PROCEEDINGS 13.2 General Organization
of the Domestic Relations Division 13.3 Filing and Assignment
13.3.1 Mandatory Disclosure 13.4 Pre-Trial Phase 13.6 Post-Judgment
13.7 Transcripts
13.8 Other Matters
PART 13. DOMESTIC RELATIONS PROCEEDINGS
Domestic Relations Cases - Domestic Relations cases are proceedings for an order or judgment relating to dissolution of marriage, legal separation, declaration of invalidity of marriage, custody, visitation and all other matters which may be brought under General Order 1.2-1(III) of the Circuit Court of Cook County, Illinois. [Amended October 22, 1986, effective, October 27, 1986.]
(a) 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. (b) Two-Phase Proceedings - Each case in the Division shall proceed through two phases. The first phase shall be known as the pre-trial phase; the second phase shall be designated as the trial/post-judgment phase. (i) Preliminary Judges - At least one member of the judicial team shall be designated as a preliminary judge. The judge so designated shall hear all matters prior to the trial of the case. 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; 4. Assignment of cases for trial or final disposition within the team. (ii) Trial Judges - Judges not designated as preliminary judges shall be trial judges. The trial judges shall hear the following matters: 1. Default hearings and cases heard by stipulation; 2. Contested trials; 3. All post-trial matters arising from contested trials or default and stipulated prove-ups heard by that judge on or after October 27, 1986; 4. Post-trial matters arising from judgments entered prior to October 27, 1986 and assigned to that judge; 5. Such other matters as may be assigned by the preliminary judge. (c) In addition to the foregoing, the Presiding Judge may by Order establish special calendars designated by class, category or otherwise and provide appropriate procedures for the matters assigned. [Amended April 27, 1993, effective April 27, 1993.] (a) Filing, Required Documents - All Domestic Relations cases and post-judgment matters shall be filed with the Clerk of the Circuit Court of Cook County. (i) All cases shall be commenced by filing with the Clerk of the Circuit Court a praecipe, petition, or other pleading which conforms with the requirements of the Illinois statues and with the rules of court. (ii) All post judgment matters shall be commenced by the filing with the Clerk of the Circuit Court a petition, motion, or other pleading which conforms with the requirements of the Illinois statutes and with the rules of court. (b) Assignment - Upon filing of the appropriate documents with the Clerk of the Circuit Court, cases shall be assigned as follows: (i) Original petitions shall be assigned at random to a team of judges. Each team shall be identified by an alphabetical designation and shall hear all matters pertaining to that case. The calendar of the preliminary judge shall bear the alphabetical designation of the team. (ii) Post-judgment motions and petitions arising from judgments entered prior to October 27, 1986 shall be assigned at random to an individual trial/post-judgment calendar where all matters pertaining to that case will be heard. Each calendar and the trial judge assigned thereto shall be identified by a numerical designation. (iii) Pending cases wherein a judgment has not been entered by October 27, 1986 shall be assigned pursuant to order of the Presiding Judge of the Division. (iv) The method for random selection shall be designated by the Chief Judge of the Circuit Court of Cook County. (c) Service - Service of praecipes, petitions, motions and other pleadings shall be in accordance with the law governing same. [Amended October 22, 1986, effective, October 27, 1986.] (a) Prejudgment Disclosure In all prejudgment 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 Act, retroactive child support in parentage matters, or an award of fees or costs against the other party, each party shall serve a completed "Disclosure Statement" upon the other party on forms approved by the Court. Each party shall serve the completed "Disclosure Statement" not later than thirty (30) days after service of the initial pleading or the filing of the responding party's appearance, or 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 in circumstances has occurred, an updated completed "Disclosure Statement" must be served on the other party no less than seven (7) days prior to any hearing. (b) Postjudgment Disclosure In all postjudgment 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 Act, or attorneys fees or costs, the parties shall exchange completed "Disclosure Statements" unless either party files a written objection with the Court and shows good cause why such exchange should not be required. Each party shall serve the completed "Disclosure Statement" by mail or delivery upon the other party not later than thirty (30) days after service of the pleading seeking relief or not later than seven (7) business days prior to a hearing, whichever first occurs. (c) Sanctions for Failure to Comply Failure of a party to timely serve the "Disclosure Statement" 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 "Disclosure Statement" should not be filed with 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 "Disclosure Statement" upon the other party. (e) Discovery In prejudgment and postjudgment proceedings, a party shall serve the other party with a completed "Disclosure Statement" before seeking discovery pursuant to 735 ILCS 5/2-201 et seq., 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 "Disclosure Statement" shall be tolled pending the Court's ruling. The Court may extend or advance the time for service of the Disclosure Statements, or excuse service pursuant to good cause shown, or upon the written stipulation of the parties filed in the proceeding. [Amended November 14, 2002, effective January 1, 2003.] (a) In all proceedings where a Rule 13.3.1 Disclosure Statement is required, each party shall serve upon the other party, together with the Disclosure Statement, 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 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 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 and 1099's received necessary for preparation of the current 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 Disclosure Statement. [Adopted November 14, 2002, effective January 1, 2003.] (a) Petition - The content and form of the petition shall be as specified by law. The party initiating the proceedings shall be called the petitioner. (b) Appearance, Response - Appearance and response shall be filed in the form and within the time specified by law. The party responding shall be called the respondent. (c) Default - On application to the preliminary judge, the petitioner may have a respondent declared to be in default on showing one or more of the following: (i) That the respondent has been served with summons and has failed to appear or respond within the time allowed. (ii) That the respondent has been served with summons and has appeared but has failed to respond within the time allowed. (iii) That service by publication has been accomplished and respondent has failed to appear and/or respond. (iv) Or as otherwise provided by law. (d) Preliminary Motions, Petitions and Applications, Hearings: (i) In General: A. All motions, petitions and applications for relief shall be presented to the preliminary judge of each team. All motions, petitions and applications shall be made in writing. A notice of motion shall not suffice in lieu thereof. B. Petitions shall be verified and state with specificity the statute or authority relied upon for the relief sought. C. Petitions for Rule to Show Cause shall state both the legal and the factual bases of the contempt finding sought. D. All motions, petitions and applications shall be filed with the Clerk of Circuit Court. E. Notice shall be in accordance with Illinois Supreme Court Rules and Cook County Circuit Court Rules. (ii) Emergency Matters: A. Emergency matters shall be heard at a time and day designated by the judge hearing same. B. The nature of the emergency and the reason why the matter should take precedence over other motions shall be stated with particularity in a verified petition. Affidavits by persons having knowledge of the facts giving rise to the emergency shall accompany the petition. C. If the court does not deem the matter to be an emergency, the movant shall set the matter on the motion call, by filing the motion with the Clerk of the Circuit Court. (iii) Ex Parte Matters: A. Ex parte matters shall be heard at a time and day designated by the judge hearing same. B. Where an ex parte order is sought, the petition shall state the reason why the matter should be heard ex parte. C. If the court does not deem the matter one to be heard ex parte, the movant shall set the matter on the motion call, and the court shall require notice to appropriate parties. (iv) Contested Matters - Evidence shall be taken in all matters which are factually contested. The court may accept stipulations in lieu of testimony. (e) Appointment of Guardian ad Litem and Attorney for the Child: (i) When the court believes that the best interest of the child or children would be served by the appointment of an attorney for the child or guardian ad litem, the court shall appoint a qualified person to so act. (ii) The person named shall file an appearance and shall be entitled to the same notice as is every other party and shall have the right to participate fully in the case. (iii) The person so named shall receive compensation in accordance with Section 506 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/506]. (f) Assignment to Evaluation Services, Reconciliation, Conciliation, Mediation, Emergency Intervention: (i) Supportive Services - The court may order an investigation and report from Supportive Services of Cook County. Said investigation shall be in accordance with Section 605 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/605]. (ii) Psychiatric Institute - The court may order the parties to be evaluated by the Psychiatric Institute of Cook County in accordance with Section 604(b) of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/604(b)]. (iii) Marriage And Family Counseling Service,
Scope of Services - There shall be established in the Domestic
Relations Division of the Circuit Court of Cook County a Marriage
and Family Counseling Service. This Service will provide the following
assistance to litigants and their families. (g) Provisions Governing Mediation: (A) Matters Subject to Mediation. (1) Domestic Relations cases. In all Dissolution of Marriage cases involving the custody of a child or visitation issues, the Domestic Relations Division judge shall order mediation on any contested custody or visitation dispute unless the court finds that an impediment to mediation exists. Additionally, the Domestic Relations Division may order mediation on any pre or postjudgment contested issue of removal of the minor children from the state of Illinois. (2) Other cases. In all cases initiated pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, the Illinois Parentage Act of 1984, the Illinois Domestic Violence Act of 1986, and Article 112A of the Code of Criminal Procedure of 1963, the court shall order mediation, pursuant to Supreme Court Rule 923 (a) (3) and in accordance with all applicable statutes, on any contested custody or visitation dispute unless the court finds that an impediment to mediation exists. (B) Commencement of Mediation. The mediation process shall commence as soon as practicable after any issue arises as set forth in this rule. Wherever possible, the parties shall be referred to an orientation process wherein the mediation process is explained to them and scheduling occurs for the commencement of the mediation. (C) Discovery. The Domestic Relations judge, in her/his discretion, may stay discovery related to the mediation until such time as mediation is concluded. (D) Mandated Conference. Each case directed to mediation shall receive no less than one mediation conference and additional conferences as are deemed appropriate by the mediator. Each mediation conference shall last for two hours unless mediated issues are resolved prior to that time. At the time the court orders mediation, the court shall set a court status date as soon as practicable. The court may issue temporary orders prior to or during mediation. If a party fails to appear at a duly noticed mediation conference without good cause, the court, upon notice and motion, may impose whatever order the court deems appropriate under the circumstances including sanctions against a party for failure to appear. The attorneys for the parties are prohibited from attending and participating in the mediation conference(s). (F) Conflict of Interest. 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. (H) Duties of Mediator—Information at Initial Conference. Before mediation may begin, the mediator shall: (I) Confidentiality and Privilege. Mediation conferences shall be private. 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. Mediation proceedings and all information obtained from and about the parties through the mediation process shall be treated as confidential. Except as otherwise provided by law, all oral or written communications in a mediation conference conducted pursuant to these rules, other than an executed settlement agreement, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the case. Communications shall not be disclosed by the mediator to any third party, including the parties' attorneys. However, where there is a clear danger of imminent harm to child or other individual, the obligation of the mediator to maintain confidentiality will not apply as to the danger of imminent harm. (J) Evidentiary Privilege. Admissions, representations, statements, and other communications made, or disclosed in confidence, by any participant or observer in the course of a mediation conference are privileged and shall not be admissible as evidence in any court proceeding. Except as identified herein, a mediator may not be called as witness in any proceeding by any party or by the Court to testify regarding matters disclosed in a mediation conference, nor may a party be compelled to testify as to privileged communications. This privilege shall not prohibit any person from obtaining the same information independent of the mediation, or from discovery conducted pursuant to law or court rule. Evidence regarding alleged settlement agreements shall be admissible in proceedings to enforce the settlement. (K) Exceptions to Confidentiality. Admissions, representations, statements, and other communications are neither confidential nor privileged if: (L) Reporting Risk of Bodily Harm. In the event of any communication in the course of mediation which reveals an act of violence committed against another or an intent to commit an act that may result in bodily harm to another, the mediator may report such communication to an appropriate law enforcement agency. When the identity of an endangered person is known to the mediator, the mediator may warn that person and his or her attorney of the threat of harm; such notification shall not be considered a breach of the confidentiality mandated by this rule. The mandated reporting requirement of the Abused and Neglected Child Reporting Act, 325 ILCS 5/1, et seq., as applied to mental health professionals shall also apply to all mediators. (M) Mediator Ex-parte Communication. The mediator shall not communicate with either party alone or with any other person and discuss mediation issues without the consent of the parties. (N) Termination of Mediation. Termination by a mediator may be based upon reasonable belief that: 1. The parties have reached a final impasse; or 2. The willingness or ability of any party to participate meaningfully in mediation is so lacking that an agreement on voluntary terms is unlikely to be reached by prolonging the negotiations; or 3. Either party is acting in bad faith; 4. The mediation process is harmful to either party; 6. A disqualifying impairment exists and termination is required. (O) Expeditious Mediation. Cases assigned for mediation shall be completed in a timely manner as expeditiously as possible. (P) Report to Court. A Mediation Status Report shall be provided to the court on or before the scheduled status date. This report shall inform the court if an agreement, partial agreement, temporary agreement or no agreement was reached. Parties shall not be compelled or pressured by a mediator to reach agreement on any issues arising in an action, which is subject to mediation, by rule or Court order. If an agreement is reached, a copy of that agreement shall be attached to the Mediation Status Report. The parties may enter an agreed order on the status date finalizing the agreement reached through mediation. Agreements reached in mediation are not binding on the parties unless memorialized in a Court order and approved by the Court. Parties shall review any agreements reached in mediation with their attorneys. Agreements reached in mediation are not binding until entered as a Court order and approved by the Court. (Q) Personal Safety. At all times while any mediation is occurring a Cook County Sheriff's Deputy shall be posted at the mediation facility to provide for the personal safety of the mediators and parties. (R) Data Collection Requirements. The Marriage and Family Counseling Service shall collect, compile and report such data as may be required by the Illinois Supreme Court or its administrative director to assist in measuring and monitoring the performance of mediation programs. Mediators shall report monthly on forms provided by the court the number of cases pending and the average time elapsed for all cases pending in which mediation is in progress. (S) Annual Report. An annual report shall be filed with the Illinois Supreme Court through the Administrative Office of the Illinois Courts. This report shall contain a statement of the nature of the mediation program and the number and type of cases referred to mediation through the mediation program. Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year. (T) Family Mediation Advisory Committee. The Presiding Judge of the Domestic Relations Division shall establish an advisory committee whose membership shall consist of at least six (6) persons, including two Domestic Relations Division judges, the Director of the Marriage and Family Counseling Service, two practicing attorneys in the field of domestic relations, a practicing mental health professional mediation professional. Members of the committee shall be appointed by the Presiding Judge for terms not to exceed two (2) years. At least annually the committee shall assist the presiding judge of the Domestic Relations Division in reviewing these rules and the Marriage and Family Counseling Service and recommend whether any changes should be made in the program. (U) Private Resources In addition to mediation services provided by the Marriage and Family Counseling Service, the parties, counsel appointed to represent a child or children, or either or any of them, may also request private counseling or mediation services or any other private evaluation, and the court, in its discretion, may order the same. The court shall apportion the costs, if any, to the parties in accordance with governing law. [Amended December 26, 2006, effective January 1, 2007.] (h) 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 preliminary judge for supervision and enforcement. (i) In all cases filed October 27, 1986 and thereafter, except as hereinafter provided, and except for requests as to the identity and location of persons having knowledge of relevant facts as provided for in Supreme Court Rule 213(e), discovery in Domestic Relations actions shall be concluded within 15 months after the case is filed or otherwise as the preliminary judge shall direct. (ii) Before such cut-off date and upon a showing of due diligence and good cause, any party may present one motion for an order for specific discovery after the cut-off date at the times requested in the motion. After such 15 month cut-off date, no demand for discovery shall be allowed except for that specifically approved by prior order, or upon a showing of extraordinary circumstances. (iii) Discovery procedures, including requests for court supervision and enforcement, shall be suspended while the case is on the reconciliation calendar, or may, at the discretion of the preliminary judge, be suspended for such period of time as the parties are engaged in the process of mediation. The judge setting the suspension date shall set a completion date. (iv) A uniform pre-trial memorandum established for use in cases pending in this Division shall be completed and filed as shall be required by the preliminary judge of each team. (i) Status Call: (i) It shall be the duty of the parties to advance the case through its various stages within reasonable time limits, by proper application to the preliminary judge of each team. (ii) It shall be the responsibility of the preliminary judge of each team to review the status of cases assigned to the team's calendar. (iii) The number and frequency of status calls during a given calendar year shall be pursuant to order of the Presiding Judge of the Division. Notice of such status calls and times shall be published in the Chicago Daily Law Bulletin and posted at the courtroom of each team member no less than thirty (30) days prior to the commencement of said call. (iv) For cases filed before October 27,1986, where no action has been taken on a case and one year has elapsed since the filing of such case, the case shall be called for a report of status at a time set by order of the preliminary judge to whom the case has been assigned. (v) For cases filed on or after October 27, 1986, where no action has been taken on a case for one year after the filing date, such case shall be called for a report of status on its one year anniversary date. (vi) Failure of the petitioner to answer the status call shall result in a dismissal for want of prosecution. (j) Reconciliation Calendar - There shall be established a reconciliation calendar for parties attempting to reconcile. Assignment to this calendar shall be made by the preliminary judge, upon the petition of the petitioner or by the written agreement of both parties. The petition or agreement shall specifically state that the parties are requesting that proceedings be suspended during the time they are seeking a reconciliation. During this period, no progress shall be required of the case, except as hereinafter provided. (i) The status of all cases on the reconciliation calendar shall be examined no less than once per calendar year. Notice of such status call and the time therefor shall be published in the Chicago Daily Law Bulletin and posted at the courtroom of each preliminary judge no less than thirty (30) days prior to the commencement of said call. Failure of the petitioner to respond to the status call shall result in a dismissal for want of prosecution. (ii) It shall be the responsibility of the preliminary judge to call for and review the status of his team's reconciliation calendar. Where no application has been made to the preliminary judge either for removal from the reconciliation calendar or for a voluntary dismissal, the case shall be dismissed for want of prosecution on its second annual appearance on the status call of reconciliation calendar cases. (iii) During the pendency of any case on the reconciliation calendar, all prior orders of court shall remain in full force and effect, subject to the express waiver of both parties. All process, however, including access to the court for enforcement, shall be considered suspended, but shall not be considered waived absent the express agreement of the partes. (k) Pre-Trial Conference and Certification for Trial - No case shall proceed to trial until the preliminary judge certifies that the case is ready for trial. (i) At the request of either party, or by order of the preliminary judge, a pre-trial conference shall be held to resolve any contested issues prior to certification for trial. (ii) If a matter is not settled at the pre-trial conference the preliminary judge shall enter an order designating the date by which Schedule D of the Pre-Trial Memorandum shall be filed. (iii) Upon assignment to the trial calendar, the trial judge may, in his discretion, hold a pre-trial conference in addition to that conducted by the preliminary judge. (l) Assignment for Trial - It shall be the responsibility of the preliminary judge of each team to assign cases on his calendar which are ready for trial to a trial judge on the team for hearing. (i) Default Cases - Cases in which an order of default has been entered as hereinabove set forth, shall be assigned instanter to a trial judge for hearing on the application of the Petitioner. The date for hearing shall be no less than thirty (30) days from the date of service of summons. (ii) Uncontested/Agreed Cases - Upon the stipulation of both parties that all issues have been resolved by agreement, the preliminary judge shall assign the case to a trial judge instanter, or as scheduling permits. (iii) Contested Cases - When the preliminary judge has certified that a contested case is ready for trial, the case shall be assigned a date certain for trial to commence before a trial judge of that team. To the extent that scheduling permits, all contested cases will be heard on a consecutive day basis. [Amended October 22, 1986, effective, October 27, 1986.] To the extent scheduling permits, all contested trials, default hearings, and uncontested/agreed cases shall be heard by the trial judge assigned to hear such cases on the date set by the team's preliminary judge. [Amended October 22, 1986, effective, October 27, 1986.] (a) Filing - All post-judgment motions, petitions and applications shall be filed with the Clerk of the Circuit Court. (b) Assignment - All post-judgment matters arising from judgments entered on October 27, 1986 and thereafter shall be assigned to the same trial/post-judgment calendar wherein the judgment was entered. Post-judgment matters arising from judgments entered before October 27, 1986 shall be randomly assigned to an individual trial/post-judgment calendar. (i) The method of random assignment shall be determined by the Chief Judge of the Circuit Court of Cook County. (ii) Once an assignment has been made, all subsequent post-judgment matters shall be brought to the trial/post-judgment calendar last assigned. (iii) It shall be the responsibility of the litigants and their attorneys to pursue the process of assignment to completion. (c) Motions, Petitions, and Applications - All motions, petitions and applications shall be in writing, filed with the Clerk of the Circuit Court and shall be presented along with proof of service to the judge assigned. A notice of motion shall not suffice for a motion. All motions, petitions, and applications shall cite the statute or rule relied upon. All pleadings shall have attached thereto or included therein, that portion of the decree or order sought to be enforced or modified, except for a petition brought under the Uniform Reciprocal Enforcement of Support Act (Ill. Rev. Stat., 1985, ch. 40, 1201 et seq.)[750 ILCS 20/1], which shall have such contents as are required by law. (d) Child Support Enforcement - In addition to the judges assigned to teams, there shall be at least one trial judge who shall hear all motions, petitions, and applications relating to Article X cases, URESA cases, the enforcement of orders of support arising under the Parentage Act, and such IV-D matters as are assigned by the Presiding Judge of the Domestic Relations Division. All motions, petitions and applications shall be in writing and presented to the judge assigned to hear such motions. (i) Article X cases are actions arising under Ill. Rev. Stat., 1985, ch. 23, par. 10-1 et seq.[305 ILCS 5/10-1], as amended, and concern the determination and enforcement of the support responsibility of relatives. (ii) URESA matters are actions arising under the (Revised) Uniform Reciprocal Enforcement of Support Act, Ill. Rev. Stat., 1985, ch. 40, par. 1201 et seq.[750 ILCS 20/1], as amended. (iii) The Parentage Act is the Illinois Parentage Act of 1984, Ill. Rev. Stat., 1985, ch. 40, par 2501 et seq.[750 ILCS 45/1], as amended. (iv) IV-D matters involve actions arising under the Child Support Enforcement Program (Title IV-D of the Social Security Act), and enforced under the Parentage Act as hereinbove cited, URESA, as herein above cited, Article X cases as herein above cited, and the Savings Clause of the Paternity Act., Ill. Rev. Stat., 1985, ch. 40, par. 1351-68 [750 ILCS 20/42]. [Amended October 22, 1986, effective, October 27, 1986.] (a) Default and Uncontested Cases - In default and uncontested cases proceeding to judgment by stipulation, all testimony shall be recorded, transcribed, and presented to the trial judge within 28 days of the hearing and before judgment; provided, however, the requirement for such transcript may be waived by the trial judge and judgment entered instanter in uncontested cases proceeding to judgment by stipulation where the written order of judgment is presented at the time of hearing. (b) Court Reporter - The court reporter or other person who recorded and transcribed the testimony shall certify the correctness of the transcript. (c) Attorney for Moving Party - The attorney for the moving party shall provide the transcript. [Amended June 2, 1988, effective July 1, 1988.] (a) Change of Venue - Applications for change of venue and/or objections to jurisdiction shall be presented in a timely fashion to the preliminary judge of the team to which the case is assigned. Motions for Change of Venue objecting to the preliminary judge of the team to which a case has been assigned, if granted, shall result in the return of the case to the Clerk of the Circuit Court as provided by General Order of the Circuit Court of Cook County. Motions for Change of Venue made after assignment to a trial judge, if granted, shall result in the return of the case to the preliminary judge for further assignment within the team. Nothing herein stated shall be construed to abrogate existing law. (b) Appointment of Attorneys in Contempt Cases-Domestic Relations Lawyer Referral Program (A) Qualifications and Administration. (i) 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/disapprove applicants. If necessary, the entity will interview applicants. If approved by the entity, the Bar Association will submit the names of new attorneys to the Presiding Judge of the Domestic Relations Division for his/her approval. (ii) 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. (iii) 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. (iv) 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 (ii) above, and must attend an initial training seminar. (v) 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, Floor 3 ½ , Chicago, IL 60602. (B) Procedure for Appointments. (ii) 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. (iii) 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. (iv) 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. (v) 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. [Amended, effective April 1, 2007.] (c) Petitions to Proceed as Poor Person - Petitions to proceed as a poor person shall be in the form provided by law. Petitions presented before filing shall be heard by the Presiding Judge of the Domestic Relations Division. Petitions presented after filing and before assignment to trial, shall be presented to the preliminary judge. Petitions presented after assignment to trial or after judgment is entered shall be presented to the trial judge. [Amended June 2, 1988, effective July 1, 1988.] (a) A Parenting Education program is established for the Domestic Relations Division as provided by 750 ILCS 5/404.1(1993). The program shall be called FOCUS ON CHILDREN. (b) The program may be divided into sessions, which in the aggregate shall not exceed four (4) hours in duration. A certificate shall be issued in the name of the attendee upon completion and shall be filed. (c) The program shall be educational in nature and not designed for individual therapy. (d) All parents of minor children who have appeared or who have otherwise personally submitted to the jurisdiction of this Court in any dissolution of marriage or custody proceeding shall attend the Parenting Education program, FOCUS ON CHILDREN, before judgment is entered. In the event contested issues of custody or visitation are presented to the Court, the Parenting Education program must be completed by both parents before mediation commences. (e) In addition, parents of minor children who have appeared in dissolution of marriage and custody proceedings filed before the effective date of this Rule or in post-judgment proceedings may be referred to FOCUS ON CHILDREN on an individual basis by the Judge to whom the case is assigned. (f) Where a parent resides outside the State of Illinois, the Court may accept evidence of attendance at a similar Parenting Education Program offered by any court of competent jurisdiction in that state, in lieu of his/her attendance at the FOCUS ON CHILDREN program. (g) Each person shall pay fee before registering for the educational session. The standard fee shall be TWENTY FIVE DOLLARS ($25.00) and shall be paid to the Clerk of Court upon Court order. The fee shall be waived for parties represented by civil legal service providers in accordance with 735 ILCS 5/5-105.5 (1993). (h) The standard fee also may be reduced or waived for person whose income from all sources is 125 percent or less of the current official federal poverty income guidelines. All persons requesting such relief shall apply to the Judge to whom the case is assigned or to the Presiding Judge before assignment and shall execute the appropriate form provided by the Clerk of the Court. (i) Persons registered for a session who do not attend or complete that session and who do not cancel their registration at least twenty-four (24) hours in advance shall be required to re-register and pay an additional full fee. (j) It is in the best interests of the minor child/children that this be done. [Adopted, March 29, 1994; effective April 18, 1994.] |
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