(a) Assignment of Cases to Criminal Division. After a finding of probable cause, waiver of preliminary hearing, or indictment by grand jury, all parties shall appear in the courtroom of the Presiding Judge of the Criminal Division for assignment procedures. Assignment shall occur 14 days after the finding of probable cause, indictment or waiver, except as ordered by the Presiding Judge of the Criminal Division or except as agreed to by the parties.
(b) Preliminary Hearing and Grand Jury Transcripts. Transcripts of preliminary hearing proceedings shall be furnished by the court reporter to the Presiding Judge of the Criminal Division at least one business day before the scheduled date of assignment. Where there has been a finding of no probable cause followed by a grand jury indictment, the state’s attorney shall immediately inform the court reporter of the indictment and the date of assignment. The court reporter shall then furnish the transcript of the preliminary hearing to the Presiding Judge of the Criminal Division at least one business day before the scheduled date of assignment. In grand jury proceedings resulting in a true bill of indictment the court reporter shall provide the Presiding Judge of the Criminal Division a transcript of proceedings at least one business day before the scheduled date of assignment. Where the court reporter is unable to comply with the foregoing time requirements, he shall request a hearing before the Presiding Judge of the Criminal Division to show cause why the time should be extended. Such hearing shall be requested by the court reporter before the date on which the transcript is due.
(c) Arraignment Date. On the arraignment date, the defendant shall be arraigned, the parties shall file motions for discovery, if any, and the case shall be assigned to a trial court within the Criminal Division.
(d) Pretrial Discovery. Motions for pretrial discovery, if any, shall be filed on the date of arraignment. Except for good cause shown, the state shall have twenty-eight (28) days from the date of arraignment to answer the defendant's motion for discovery and to tender all discovery materials and the defendant shall have fourteen (14) days from the date of receipt of the state's answer to answer the state's motion for discovery and to tender all discovery materials. To insure compliance with the discovery requirements, the court shall schedule the case on its call for the dates upon which discovery answers are required to be filed.
(e) Pretrial Motions. The defendant shall file any pretrial motion under Chapter 725, Article 114 of the Illinois Compiled Statutes [725 ILCS 5/114-1, et seq.] on or before the date the answer to the state's discovery motion is due. A motion founded upon facts not appearing of record in the case shall be supported by affidavit reciting the facts.
(f) Sanctions. Failure of any person to comply with requirements of these Rules or with court orders designed to fully implement them shall subject such person to appropriate court sanctions.
(g) Pretrial Status. Cases not ready for trial or evidentiary pretrial hearing shall be assigned pretrial status by the trial court. Such cases shall include those in which the court has recognized a need for additional time for such matters as discovery and other pretrial preparation, proceedings to determine fitness, and plea discussions. If a case is to be continued on pretrial status for longer than forty-two (42) days, the reason therefore shall be memorialized by the clerk in the memorandum of orders.
(h) Ready Status. Cases which the court has designated as ready for trial or evidentiary pretrial hearing shall be assigned ready status. Cases on ready status shall be subject to trial or hearing on the set date. Motions for continuances in such cases shall be looked upon with disfavor. Any motion for continuance in such cases shall be by written affidavit submitted to the court with oral or written notice to opposing counsel by 3:30 p.m. the previous business day. If a continuance is granted, the reason for it shall be memorialized by the clerk in the memorandum of orders. When the court is engaged and unable to proceed with a ready status case in which the parties are ready for instanter trial or evidentiary hearing, the case shall be held on call and the Presiding Judge of the Criminal Division shall be notified. Upon the request of the trial judge, any ready status case held on call shall be subject to reassignment by the Presiding Judge for instanter hearing of trial.
(i) Priority Status. Five (5) cases on each court's call shall be designated by the trial court as priority cases for trial and given priority status. Criteria for judging priority shall include the age of the case, statutory speedy trial requirements, and possible future unavailability of witnesses or counsel. Priority status cases shall be tried or otherwise disposed of on the set date or, if the court is otherwise engaged, held on call until trial or other disposition. The Presiding Judge of the Criminal Division shall be notified when cases are held on call. Upon the request of the trial judge, any priority status case held on call shall be subject to reassignment by the Presiding Judge for instanter trial.
(j) Reporting of Courtroom Activity. So that decisions regarding instanter transfer of cases may be premised upon information supplied regarding courtroom activity, each trial court shall on a daily basis report its trial or evidentiary hearing status to the Presiding Judge of the Criminal Division. The Presiding Judge shall, through administrative order, provide for the time, method, and contents of such reporting.
(k) Court Calendars. The Clerk of the Circuit Court shall maintain a calendar for each of the trial courts within the Criminal Division. The calendar shall be designated the trial judge's court calendar and shall indicate whether cases are on pretrial status, ready status, or priority status. Each calendar shall be updated daily by the Clerk and made available in the courtroom. Each week an updated calendar shall be furnished by the Clerk to the Presiding Judge of the Criminal Division who shall cause appropriate portions to be published in the Chicago Daily Law Bulletin. The trial judge's court calendar shall contain a listing of every case pending on the court's docket. It shall contain the case number, the name of the defendant, the major charge, the name of the defense attorney, the date the case was first placed on the court's docket, the present status of the case, the date on which the case was assigned to its present status, and the next assigned continuance date.
[Amended, effective March 4, 2014]
Except in matters of emergency, the following procedures are followed in proceedings for a writ of habeas corpus:
(a) Petitioner with funds. If the petitioner has sufficient funds, the petition shall be filed with the Clerk of the Circuit Court, Criminal Division, and the filing fee shall be paid.
(b) Petitioner without funds - with attorney.
(i) If the petitioner is without funds, and has an attorney of his choosing, motion for leave to file a petition for writ of habeas corpus without payment of costs shall be presented to the presiding judge.
(ii) If the petitioner is represented by an attorney of his own choosing the docket fee may be waived by the presiding judge upon a motion supported by the affidavit of the petitioner stating that the petitioner is without funds and that his attorney is rendering services gratuitously.
(iii) If the presiding judge grants the motion, he shall enter an order granting leave to file without payment of costs.
(iv) If the presiding judge denies the motion, he shall endorse the fact of denial on the petition for leave to file.
(c) Petitioner without funds and without attorney.
(i) If the petition states the petitioner is without funds and the petitioner is not represented by an attorney, he shall submit a verified petition to the clerk. The clerk shall docket the petition and place it on the call of the presiding judge.
(ii) If the presiding judge finds that petitioner is without an attorney and without funds, the presiding judge shall appoint an attorney to represent the petitioner.
(d) Petition on behalf of another. A person signing a petition for writ of habeas corpus on behalf of another shall appear before the presiding judge in open court and may be examined as to his interest in or relation to the person on whose behalf the petition is presented.
[Adopted May 17, 1976, effective July 1, 1976.]
(a) The clerk shall prepare and issue subpoenas upon the request of a party.
(b) A subpoena may be served by the sheriff, by his deputy or by any person over 21 years of age and not a party. Service of a subpoena shall be made by delivering a copy thereof to the person named.
[Adopted May 17, 1976, effective July 1, 1976.]
(a) The following procedure shall be followed in proceedings under Chapter 38, Article 122 of the Illinois Revised Statutes:
(i) The original petition and a copy is filed with the clerk of the Criminal Division, accompanied by the docket fee.
(ii) A copy of the petition is served upon the State's Attorney in the manner provided by Rule 11 of the Supreme Court of Illinois.
(iii) If the petition is in forma pauperis, verified by affidavit, and the petitioner is represented by counsel of his own choice, an affidavit is attached to the petition by counsel that his services are being rendered gratuitously. Leave must first be obtained from the presiding judge to file the petition in forma pauperis; if leave is granted the clerk shall docket the petition. Upon presentation of the petition to the presiding judge, a date for hearing is set.
(iv) If the petition is in forma pauperis, verified by affidavit, and the petitioner is not represented by counsel, the clerk, upon receipt of the petition, dockets it and places it on the court call of the presiding judge. If the presiding judge finds petitioner is without counsel and is without means to procure counsel, he shall appoint counsel to represent the petitioner. The presiding judge shall order a copy of the petition served on the appointed attorney and on the State's Attorney. Leave must be obtained from the presiding judge to proceed on the petition in forma pauperis. If leave is granted, the presiding judge shall set a date for hearing, and may assign the case for hearing.
(b) The clerk of the Criminal Division shall maintain records of petitions as prescribed by general administrative order.
[Adopted May 17, 1976, effective July 1, 1976.]
[Deleted August 29, 1980, effective September 1, 1980.]