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INDEX
General Order 1 - Organization
1.1
Administration
1.2
Operation
2.1 County Department
a. Law Division
b. Chancery Division
c. Domestic Relations Division
d. County Division
e. Probate Division
f. Criminal Division
g. Domestic Violence Division
2.2 Juvenile Justice and
Child Protection Department
a. Juvenile Justice Division
b. Child Protection Division
2.3 Municipal Department
1.3
Assignment or Transfer of Actions
1.4
Offices for Filing of Cases
1.5
Administrative Units
1.6
Coordination of Cases Involving Children
General Order 2 - Return
Day Call and Assignment of Cases
General Order 3.1 -
Assignment of Cases - Chancery
1.1 Trial Calendars
1.2 Classification of Cases
1.3 Assignment by the Clerk of the
Court
1.4 Changes of Venue
1.5 Procedures in the Absence of
Regularly Assigned Judge
1.6 Consolidation of Cases
1.7 Transferred Cases
1.8 Emergency Matters
1.9 Management of the Random Assignment
System
General Order 3.2 -
Superseded by General Order 3.1 above
General Order 3.3 -
Motion Picture Injunctions
General Order 3.4 -
Foreclosure Suits
General Order 3.5 -
Captions of Cases in the Chancery Division
General Order 3.6 -
Filing of Reports in Statutory Liquidation Proceedings
General Order 4 -
Correction of Errors in Criminal and Quasi-Criminal Actions
General Order 5 - Hours of
Court
General Order 6 - Captions and Numbering of Actions
6.1
Captions
6.2
Numbering of Actions
6.3
Statement of Insurance
6.4
Replevin and Garnishment Actions
6.5
Forms of Record
General Order 7 - Traffic
Violations, Schedule of Fines and Appearances in
Municipal Department
General Order 8 - Pretrial
Release
General Order 9 - Weekend
and Holiday Branches in Municipal Department
General Order 10 -
Matters Assignable to Associate Judges
General Order 11 -
Transfer of Criminal Cases
General Order 12 -
Motions for Consolidation
General Order 13 -
Transfer of Previously Assigned Case
General Order 14 - Probate Proceedings
14.1 Schedule of Hearings
14.2 Special Records
14.3 Publication of Call Calendars
14.4 Testimony on Hearing to Admit Will
14.5 Inventory Furnished County Assessor
14.6 Claims: Hearing On
14.7 Place of Judicial Sales of Real
Estate
14.8 Filing of Address by Legal
Representative
14.9 Removal of Documents
General Order 15 - Domestic Relations Proceedings
15.1 Presiding Judge
15.2 Marriage and Family Counseling
Service
15.3 Assignment of Cases
General Order 16 - Duties
of the Presiding Judge of the Juvenile Justice Division
General Order 17 - Criminal Proceedings
17.1 Notice
17.2 Duties of the Presiding Judge
17.3 Grand Jury Summons
17.4 Custody and Conduct of Jurors
17.5 Supervisor of Jurors
17.6 Official Court Reporter
17.7 Petitions to Expunge Records of
Arrest
17.8 Matters Held to Grand Jury
17.9 Appeals in Felony Cases
General Order 18 - Proceedings in Multiple Arrests
18.1 Multiple Arrest
18.2 Court Facilities
18.3 Duties of the Presiding Judge
18.4 Duties of Judges
18.5 Prohibited Behavior
18.6 Pre-Hearing Interviews
18.7 Courtroom Decorum
18.8 Suggested Procedures for the
Setting of Bail First Appearance Hearings
18.9 Posting of Bail
18.10 Suggested Procedures for Juvenile
Detention Hearings
18.11 Telephone Facilities
18.12 Information Concerning Persons
Arrested
18.13 Information Concerning Persons
Detained
18.14 Review of Bail Set
General Order 19 -
Implementation of the Illinois Not-for-Profit Dispute Resolution
Center Act
General Order 20 -
Implementation of Section 5-7 of the Juvenile Court Act
General Order 21 -
Electoral Boards
General Order 22 -
Assignment or Reassignment of Related Cases
General Order 23 -
Emergency Orders of Protection
General Order 24 - Office
of the Official Court Reporter
General Order 25 - Collection of Fines, Fees and Costs
GENERAL ORDER NO. 1
- Organization
The Circuit Court of
Cook County, Illinois, is organized as follows:
GENERAL ORDER NO. 1.1 - Administration
The Office of the Chief
Judge has general administrative authority in the court and includes the
following sections:
(a) - Administrative
Section
(b - Non-Judicial
Section
(c) - Surety Section (to include authorization of
sureties, revocation of authority, collection and enforcement of
liabilities arising from surety obligations and general supervision of
sureties and their agents)
(d)-Juvenile Justice
and Child Protection Resource Section (to include facilitation of the extension of
services to juveniles throughout the County of Cook, to provide liaison
with the business, religious and academic communities, bar associations,
and treatment professionals in identifying and developing community and other
resources to augment the programs and services vital to the Juvenile
Justice and Child Protection Divisions, to expand education programs for
judges, attorneys, and others involved in actions in the Juvenile Justice
and Child Protection Divisions, and to promote the expansion of cost
efficient alternative legal representation for named parties in cases in
the Juvenile Justice and Child Protection Divisions)
[Amended, effective
August 1, 1996.]
GENERAL ORDER NO. 1.2 - Operation
The Circuit Court of
Cook County is composed of departments, divisions and districts as follows:
[Amended, effective
August 1, 1996.]
2.1 COUNTY DEPARTMENT
The County Department
is composed of the following divisions:
(a) - Law Division
(1) The Law Division hears civil
actions at law, whether or not a jury is demanded, except:
(i) Actions filed in
Municipal District One with complaints or counterclaims for compensatory
and consequential money damages not in excess of $30,000 unless a tax claim
in excess of $3,000 is involved;
(ii) Actions filed in
Municipal Districts Two, Three, Four, Five or Six with complaints or
counterclaims for compensatory and consequential money damages not in
excess of $100,000 unless a tax claim in excess of $3,000 is involved;
(iii) Actions for the
recovery of property of a value not in excess of $30,000 filed in Municipal
District One;
(iv) Action for the
recovery of property of a value not in excess of $100,000 filed in
Municipal Districts Two, Three, Four, Five and Six;
(v) Actions of forcible
entry and detainer;
(vi) Actions arising
under the Parentage Act of 1984, as amended (750 ILCS 45/1 et seq.);
(vii) Actions brought
under the Land Titles Act of 1897, as amended.
(2) The amount of punitive damages
sought may be considered in determining whether an action filed in the Law
Division shall remain in the Law Division if the court, in its discretion,
finds a reasonable likelihood of proving facts at trial sufficient to
support a substantial award of punitive damages.
(3) The Law Division consists of
the following sections:
(i) Motion Section;
(ii) Assignment
Section;
(iii) Jury Section;
(iv) Non-Jury Section;
(v) General Individual
Calendar Section;
(vi) Commercial
Individual Calendar Section;
(vii) Complex
Litigation Case Management Section (to manage complex litigation consistent
with the requirements of Supreme Court Rule 218);
(viii) Tax and
Miscellaneous Remedies Section (to include replevin, condemnation, habeas
corpus, ejectment, citations, garnishments, executions, levies, attachments
and other supplemental proceedings, statutory summons under the Workers'
Compensation Act [820 ILCS 305/19], administrative review under the
Unemployment Insurance Act [820 ILCS 405/1100] and all tax matters
including administrative review of such matters [except administrative
review of Property Tax Appeal Board final decisions taken pursuant to 35
ILCS 200/16-195] when the amount in controversy exceeds $3,000 regardless
of the remedy requested).
[Amended, effective
June 12, 1998 (Subsection 3 only).]
(4) Law Division actions may be
filed and disposed in Municipal District court locations Two, Three, Four,
Five and Six as follows:
(i) Law Division
actions, excluding commercial actions as set forth on the Law Division
Civil Action Cover Sheet, seeking compensatory and consequential damages in
excess of $100,000 wherein the occurrence took place or a defendant resides
within the boundaries of Municipal Districts Two, Three, Four, Five, or Six
may be filed and heard in the respective Municipal District court
locations. A motion objecting to the location where the action is pending
may be filed and noticed before the assigned suburban judge not later than
the time for a party to appear or any extension thereof. Upon the filing of
such motion the judge shall enter an order transferring the action to the
Presiding Judge of the Law Division for reassignment within the Law
Division in the Richard J. Daley Center. Thereafter, only the Presiding
Judge of the Law Division, for administrative purposes with notice to all
parties of record, may transfer any Law Division case pending in Municipal
Districts Two, Three, Four, Five or Six to the Law Division of the Richard
J. Daley Center for reassignment. A motion for substitution of judge shall
not serve as a basis for transfer of an action to the Richard J. Daley
Center unless the Presiding Judge of the Law Division determines that no
other judge is available in the municipal district location.
(ii) In those Municipal
District court locations where more than one Law Division calendar is
established, actions filed pursuant to section (i) above shall be randomly
assigned.
(5) The following definitions shall
apply to section 2.1(a):
(i) Any private
corporation or railroad or bridge company organized under the laws of this
State and any foreign corporation authorized to transact business in this
State is a resident of any district in which it has its registered office
or other office. If there is no registered office or other office in Cook
County, the corporation or company is deemed to be a resident of any
district in which it is transacting business.
(ii) A partnership sued
in its firm name is a resident of any district in which any partner resides
or in which the partnership has an office or is doing business.
[Amended, effective August 1, 1996.]
(b) - Chancery
Division
The Chancery Division is composed of the following sections:
(1) General Chancery.
The General Chancery Section hears actions and proceedings, regardless of the amount of the claim, concerning class actions, arbitration, injunctions, temporary restraining orders (other than matters brought under the Controlled Substance and Cannabis Nuisance Act, (740 ILCS 40/0.01 et seq.), mandamus, quo warranto, declaratory judgments, interpleader, ne exeat, specific performance, rescission and reformation of contracts, creditors rights, complaints for contribution, actions to quiet title and the setting aside of deeds, partition, equitable liens, redemption rights, declarations concerning the constructions of trust and wills (other than during the period of an estate administration), the appointment of trustees, successor trustees and the removal of trustees (other than during the period of an estate administration), receiverships, accounting cases, dissolution of partnerships and corporations, or other proceedings under the Corporations and Partnership Acts, proceedings under the Illinois Uniform Transfers to Minors Act (760 ILCS 20/1 et seq.), statutory review, certiorari (except under the Workers' Compensation Act (820 ILCS 305/19), and all administrative review (except tax matters, matters under the Unemployment Insurance Act (820 ILCS 405/1100), and matters concerning vehicle impoundment under ordinances 8-8-060 and 8-20-015 of the Municipal Code of Chicago (1993), and decisions of the Illinois State Toll Highway Authority imposing civil fines pursuant to authority granted under the Toll Highway Act (605 ILCS 10/10), and all other actions or proceedings formerly cognizable in courts of Chancery not otherwise provided for.
[Amended, effective January 1, 2008.]
(2) Mortgage Foreclosure/Mechanics Lien Section.
The Mortgage Foreclosure/Mechanics Lien Section hears all actions and proceedings concerning Mechanics Lien rights under contracts, either expressed or implied, liens on chattels for labor or storage, and other lien remedies available under 770 ILCS 60/0.01 et seq., and all actions and related proceedings initiated under the Illinois Mortgage Foreclosure Act, 735 ILCS 5/15-1101 et seq.
[Amended, effective March 1, 2005.]
(c) - Domestic
Relations Division
The Domestic Relations Division hears actions or proceedings seeking an order or judgment relating to dissolution of marriage, declaration of invalidity of marriage or legal separation, child support and maintenance, child custody, or visitation arising under the Illinois Marriage and Dissolution of Marriage Act, the Hague Convention, the Illinois Parentage Act of 1984, the Illinois Public Aid Code, 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. Such proceedings also include all post-judgment matters relating thereto and petitions for civil orders of protection filed in conjunction with domestic relations matters involving the same parties pursuant to the Domestic Violence Act of 1986 except for those matters heard in the Domestic Violence Division.
[Amended, effective April 19, 2010.]
(d) - County
Division
The County Division hears actions and proceedings concerning mental health, the adoption of children and the taking of any and all consents pertaining to any adoption matters, the marriage of minors, inheritance taxes, elections, actions brought under Article 14 of the Illinois School Code of 1961 (105 ILCS 5/1-1 et seq.), actions brought under The Land Titles Act of 1897, as amended, proceedings pursuant to Supreme Court Rules 754 and 764, review of final decisions of the Property Tax Appeal Board pursuant to 35 ILCS 200/16-195, actions filed to forfeit property seized pursuant to the Criminal Code of 1961, as amended, the Cannabis Control Act, the Controlled Substances Act, Methamphetamine Control and Community Protection Act and forfeitures attendant to prohibition against illegal money laundering, Petitions for Change of Name (735 ILCS 5/21-101 et seq.) and other matters formerly cognizable in the Circuit Court of Cook County not otherwise provided for. County Division actions under 735 ILCS 5/21-101 et seq. (Change of Name) may be filed and disposed of in Municipal District Court locations Two, Three, Four, Five and Six.
[Amended, effective January 1, 2008.]
(e) - Probate
Division
The Probate Division
hears actions and proceedings concerning the probate and contest of wills
and testamentary instruments, claims against an estate arising in contract,
tort or otherwise, actions and proceedings arising under the Illinois Power
of Attorney Act (755 ILCS 45/1-1 et seq.), and the administration of
estates of decedents, disabled persons, minors and wards and petitions
pursuant to the Illinois Insurance Code to permit an insurance company to
make payments on a structured settlement of a claim for personal injury to
anyone other than the beneficiary of the settlement or by the beneficiary
of such a structured settlement to assign the payments of the settlement to
another (215 ILCS 5/155.31). The Probate Division also hears actions and
proceedings concerning contracts to make a will, construction of wills, the
appointment of testamentary trustees during the period of administration,
and the appointment of receivers pursuant to Supreme Court Rule 776.
[Amended, effective January 2, 1998.]
(f) - Criminal
Division
The Criminal Division hears criminal actions and prosecutions, commenced by indictment or information, except for those actions heard in the Domestic Violence Division, related matters arising under the Mental Health and Developmental Disabilities Code, as amended (405 ILCS 5/1-100 et seq.) and proceedings commenced under the Sexually Violent Persons Commitment Act, (725 ILCS 207/1 et seq.). The Criminal Division also hears criminal actions and proceedings concerning habeas corpus and extradition in criminal matters and petitions to expunge records of arrest pursuant to the Criminal Identification Act of 1931, as amended (20 ILCS 2630/0.01 et seq.).
[Amended, effective April 19, 2010.]
(g) - Domestic Violence Division
The Domestic Violence Division hears actions and proceedings for civil no contact orders arising under the Civil No Contact Order Act (740 ILCS 22/101, et seq.), stalking no contact orders arising under the Stalking No Contact Order Act (740 ILCS 21/1, et seq.), orders of protection arising under the Domestic Violence Act of 1986 (750 ILCS 60/101, et seq.), except actions arising under the Juvenile Court Act (705 ILCS 405/1 1, et seq.), the Mental Health and Developmental Disabilities Code (405 ILCS 5/1 100, et seq.), and the Probate Act of 1975 (755 ILCS 5/1 1, et seq.). The Division also hears all of the following criminal actions and proceedings involving family and household members, as defined in the Domestic Violence Act of 1986:
1) all matters through the preliminary examination or indictment, pursuant to 725 ILCS 5/109 3.1, in which the most serious offense charged is a class 1, 2, or 3 felony; and
2) all matters in which the most serious offense charged is aggravated stalking, any class 4 felony, or any misdemeanor.
This order incorporates the above referenced statutes as they may be amended from time to time.
[Amended, effective April 19, 2010.]
2.2 JUVENILE JUSTICE AND CHILD PROTECTION DEPARTMENT
The Juvenile Justice
and Child Protection Department is composed of the following divisions:
(a) - Juvenile
Justice Division
The Juvenile Justice
Division hears actions and proceedings arising under Articles I and V of
the Juvenile Court Act of 1987, as amended, and related matters arising
under the Parentage Act of 1984, as amended (750 ILCS 45/1 et seq.), the
Mental Health and Developmental Disabilities Code, as amended (405 ILCS
5/1-100 et seq.), and the School Code of 1961, as amended (105 ILCS 5/1-1
et seq.).
(b) - Child
Protection Division
The Child Protection
Division hears actions and proceedings arising under Articles I, II, III
and IV of the Juvenile Court Act of 1987, as amended, and related matters
arising under the Parentage Act of 1984, as amended (750 ILCS 45/1 et
seq.), the Mental Health and Developmental Disabilities Code, as amended
(405 ILCS 5/1-100 et seq.), and School Code of 1961, as amended (105 ILCS
5/1-1 et seq.), and the Probate Act of 1975, as amended (755 ILCS 5/11-1 et
seq.).
[Amended, effective
August 1, 1996.]
2.3 MUNICIPAL DEPARTMENT
The Municipal Department is divided into six districts:
(a) Districts (Amended November 10, 2005, effective January 3, 2006.)
(1) District 1: The City of Chicago;
(2) District 2: The Townships of Evanston, Maine, excluding that part of the Township of Maine within the territorial limits of the municipality of Rosemont, New Trier, Niles, Northfield, excluding that part of the Township of Northfield within the territorial limits of the municipality of Prospect Heights, and that part of the Township of Wheeling within the territorial limits of the municipality of Des Plaines;
(3) District 3: The Townships of Barrington, Elk Grove, Hanover, Palatine and Schaumburg, that part of the Township of Leyden within the territorial limits of the municipalities of Rosemont and Schiller Park, that part of the Township of Maine within the territorial limits of the municipality of Rosemont, that part of the Township of Northfield within the territorial limits of the municipality of Prospect Heights, Wheeling, excluding that part of the Township of Wheeling within the territorial limits of the municipality of Des Plaines, Norwood Park, excluding that part of the Township of Norwood Park within the territorial limits of the City of Chicago;
(4) District 4: The Townships of Berwyn, Cicero, Leyden, excluding that part lying within the territorial limits of the municipalities of Rosemont and Schiller Park, Oak Park, Proviso, River Forest, and Riverside;
(5) District 5: The Townships of Lemont, Lyons, Orland, Palos, Stickney, and Worth;
(6) District 6: The Townships of Bloom, Bremen, Calumet, Rich, and Thornton;
(7) Notwithstanding the above, the territorial limits of the municipalities of Tinley Park and Crestwood which are within the territorial limits of Cook County are in District 5.
(8) Notwithstanding the above, the territorial limits of the municipality of Bensenville which is within the territorial limits of Cook County is in District 4.
(b) Civil Actions
Heard
(1) Municipal District One hears
civil actions and proceedings at law seeking compensatory and consequential
money damages not in excess of $30,000, actions for the recovery of
property of a value not in excess of $30,000, actions of forcible entry and
detainer, and proceedings ancillary and supplemental thereto, including
attachment, garnishment, distress and citation.
(2) Municipal Districts Two, Thee,
Four, Five and Six hear civil actions and proceedings at law seeking
compensatory and consequential money damages not in excess of $100,000,
actions for the recovery of property of a value not in excess of $100,000,
actions of forcible entry and detainer, and proceedings ancillary and
supplemental thereto, including attachment, garnishment, distress and
citation.
(3) Upon amendment prior to trial
of a complaint ordinally filed as a Municipal Department case, the
amendment reflecting an increase in the ad damnum above the monetary damage
amount set forth in section 2.1(a)(1) above, for reassignment purposes, the
court, upon its own motion or upon motion of a party filed not later than
28 days after amendment of the complaint, shall transfer the action to the
Presiding Judge of the respective Municipal District for reassignment to
the Presiding Judge of the Law Division.
(4) Upon the court's own motion or
motion of any party where the court finds that the reasonable value of an
action pending in the Municipal Department exceeds the monetary damage
amount set forth in section 2.1(a)(1) above, the court shall transfer the
action to the Presiding Judge of the respective Municipal District for
transfer to the Presiding Judge of the Law Division. The Presiding Judge of
the Law Division shall hold a status hearing at which the parties may agree
to allow the action to proceed as a Law Division action in the appropriate
Municipal District courthouse location. If there is no agreement, the
action shall proceed in the Law Division in the Richard J. Daley Center
location.
(5) In actions filed seeking
damages in the Municipal Department the complaint shall allege the amount
of damages sought wherever applicable as follows:
(i) The amount sought
to be recovered does not exceed $2,500;
(ii) The amount sought
to be recovered is not less than $2,500 nor more than $30,000 for actions
filed in Municipal District One nor more than $50,000 for actions filed in
Municipal District Two, Three, Four, Five or Six. Pursuant to Illinois
Supreme Court Rule 222, any such action shall have attached to the initial
pleading the party's affidavit that the total money damages sought does not
exceed $50,000;
(iii) The amount sought
to be recovered is not less than $50,000 nor more than $100,000 for actions
filed in Municipal Districts Two, Three, Four, Five or Six. Pursuant to
Supreme Court Rule 222, any such action shall have attached to the initial
pleading the party's affidavit that the total money damages sought exceeds
$50,000.
(6) The Municipal Department also
hears actions and proceedings filed by municipal corporations seeking
certain relief, including injunctive relief, except proceedings in which
the validity of a zoning ordinance is in controversy. Those actions heard
in the Municipal Department include:
(i) The enforcement of
building, housing and zoning ordinances;
(ii) The appointment of
receivers in said cases to cause compliance with the said ordinances;
(iii) The demolition of
dangerous, unsafe and uncompleted buildings.
(7) The Municipal Department hears
actions commenced to create receiverships under 765 ILCS 735/2.
(8) The Municipal Department hears
civil actions brought by the Illinois Attorney General, under the Public
Aid Code (305 ILCS 5/1-1 et seq.), to recover money in any amount given
public aid recipients to which they were not entitled.
(9) The Municipal Department hears
actions of Administrative Review under 625 ILCS 5/11-208.3, (administrative
adjudication of violations of traffic regulations concerning the standing
or parking of vehicles), as well as Administrative Review of vehicle
impoundment hearings under ordinances 8-8-060 and 8-20-015 of the Municipal
Code of Chicago (1993).
(10) The Municipal Department hears
actions brought under the Controlled Substance and Cannabis Nuisance Act
(740 ILCS 40/1 et seq.).
(11) Petitions for changes of name
may be heard in Municipal Districts Two, Three, Four, Five and Six without
regard to the municipal district within which petitioner resides.
(Petitions for changes of name also may be heard in the Chancery Division
without regard to the municipal district in which petitioner resides.)
(12) The Municipal District in which
the municipality is located hears actions for administrative review of
final decisions regarding municipal code violations made by code hearing
units or departments established by such municipality pursuant to 65 ILCS
5/1-2.1-1, et seq. (applicable to municipalities that are home rule units)
or 65 ILCS 5/1-2.2-1, et seq. (applicable to municipalities that are
non-home rule units) and hears actions filed by municipalities pursuant to
65 ILCS 5/1-2.1-8 or 65 ILCS 5/1-2.2-55 for the enforcement of judgments
and judgments on the findings, decision and order, respectively.
[Amended, effective
July 12, 2000.]
(c) Presiding Judges
The Presiding Judges of
those Municipal Districts in which actions of other division(s) are filed
and heard shall be deemed supervising judges in such other division(s) for
the purpose of facilitating case flow management.
(d) Place of
Filing-Civil Proceedings
Civil Actions in the Municipal
Department are filed in:
(1) The district of
residence of any defendant who is joined in good faith and with probable
cause for the purpose of obtaining a judgment against the defendant and not
solely for the purpose of permitting a filing in that district, or;
(2) The district in
which the transaction or some part thereof occurred out of which the cause
of action arose. Actions of attachment, distress for rent, forcible entry
and detainer, and for the recovery of property may be filed in the district
where the property is located.
(3) Actions seeking
relief enumerated in Section 2.3 (b)(6) above shall be filed in the
district where the municipal corporation seeking the relief is situated.
Notwithstanding the provisions of this subparagraph, all actions filed by
the County of Cook seeking relief as stated herein shall be filed in
Municipal District 1.
The following
definitions shall apply to the foregoing Section 2.3:
(i) Any private
corporation or railroad or bridge company organized under the laws of this
State and any foreign corporation authorized to transact business in this
State is a resident of any district in which it has its registered office
or other office. If there is no registered office or other office in Cook
County, the corporation or company is deemed to be a resident of any
district in which it is transacting business.
(ii) A partnership sued
in its firm name is a resident of any district in which any partner resides
or in which the partnership has an office or is doing business.
(e) Criminal Actions
Heard
The Municipal
Department hears criminal and quasi-criminal actions and prosecutions
commenced by complaint or information except for those matters heard in the Domestic Violence Division.
[Amended, effective April 19, 2010.]
(f) Place of
Filing-Criminal Proceedings
(1) District 1. All
criminal or quasi-criminal cases shall be filed as prescribed by the
Presiding Judge of District 1.
(2) Districts 2 through
6. Complaints for examination in all felony cases shall be filed in the
Central District Court in the appropriate district. All other criminal or
quasi-criminal cases shall be filed whenever practicable in that court in
the appropriate district which is nearest to the location of the offense or
in the Central District Court in the appropriate district.
(3) Notwithstanding the
provisions of subparagraphs (1) and (2), complaints in all criminal and
quasi-criminal cases initiated by the State of Illinois Legislative
Advisory Committee on Public Aid shall be filed in the Sixth Municipal
District of the Circuit Court of Cook County.
[Amended, effective
August 1, 1996.]
GENERAL ORDER NO. 1.3 - Assignment or Transfer of Actions
(a) Assignment of
Actions.
Subject to Rule 295 of the
Illinois Supreme Court, any action may be assigned to any judge or
associate judge of the Circuit Court of Cook County for hearing or trial,
regardless of the department, division or district in which the case was
filed or to which the judge is regularly assigned. Any action or proceeding
may be heard or tried in any courtroom in the Circuit Court of Cook County,
regardless of the department, district or division in which the case was
filed or for which the courtroom is regularly used.
(b) Filing or Trial
in Wrong Branch.
No action shall be
dismissed and no judgment order or decree shall be vacated, set aside or
invalidated because the action was filed, tried or adjudicated in the wrong
department, division or district.
(c) Transfer of
Actions Improperly Filed.
Any action assigned to
a judge that is determined by that judge, whether by suggestion of the
parties or otherwise, to have been filed or to be pending in the wrong
department, division, district or section of the Circuit Court of Cook
County, shall be transferred to the Presiding Judge of the division or
district in which it is pending for the purpose of transferring the action
to the Presiding Judge of the proper division or district, or for
reassignment to the proper section.
(d) Transfer of Actions
Properly Filed.
For the convenience of
parties and witnesses and for the more efficient disposition of litigation,
a judge, upon motion of any party may transfer any action pending before
that judge to the Presiding Judge of the division or district for the
purpose of transferring the action to any other department, division or
district.
(e) Transfer Orders.
Transfer orders shall
be in writing, signed by the judge transferring the case and by the
Presiding Judge of the division or district, and shall be in substantially
the following form:
"The above entitled and numbered cause having been
previously assigned to Judge_____________________________ is hereby
transferred to Judge _____________________, Presiding Judge of the
_____________________ Division or District for the purpose of transferring
the cause to the _____________________________ Division or District.
|
|
______________________________________
Judge
|
IT
IS HEREBY ORDERED that said cause be and the same is transferred to Judge _________________________,
Presiding Judge of the ___________________________ Division or District.
____________________________________
Presiding
Judge
____________________________________
Division
or District
Date:_______________________
(f) Fees in Actions
Transferred.
When an action is
transferred from one department, division or district to another
department, division or district and the fee required in the department,
division or district to which the action is transferred is greater than the
fee required in the department, division or district where the action was
originally filed, the plaintiff shall pay a fee in an amount equal to the amount
the plaintiff would have been required to pay had the plaintiff filed the
action in the department, division or district to which the action is
transferred, less the amount of the original filing fee paid, and the
defendant and each defendant, if separate appearances have been filed,
shall pay a fee in an amount equal to the amount the defendant would have
been required to pay had the defendant filed his/her appearance in the
department, division or district to which the action is transferred, less the
amount of the original appearance fee paid.
[Amended, effective
August 1, 1996.]
GENERAL ORDER NO. 1.4 - Offices for Filing of Cases
Actions commenced on and after April 19, 2010, in the several departments, divisions, and districts of the Circuit Court of Cook County shall be filed in the following main offices of the Clerk of the Court:
(a) County
Department
Law Division, Room 801, Richard J. Daley Center, Chicago;
Chancery Division, Room 802, Richard J. Daley Center, Chicago;
Domestic Relations Division, Room 802, Richard J. Daley Center, Chicago;
County Division, Room 1202, Richard J. Daley Center, Chicago;
Probate Division, Room 1202, Richard J. Daley Center, Chicago;
Child Support, 2nd Floor, 28 North Clark Street, Chicago;
Criminal Division, 26th Street and California Avenue, Chicago.
Domestic Violence Division, 555 West Harrison Street, Chicago; Municipal Districts 2, 3, 4, 5, and 6.
Filings for Law, Chancery, Domestic Relations, County and Probate Divisions will also be accepted by the civil filing clerks in the First Municipal District and the Suburban Municipal District offices of the Clerk of the Court. Additionally, filings for Law, Chancery, Domestic Relations, County and Probate Divisions will be accepted in any of the civil division Offices of the Clerk of the Court (Law, Chancery, Domestic Relations, County and Probate located in the Richard J. Daley Center, and Child Support located at 28 North Clark Street).
Initial filings for the Domestic Violence Division seeking emergency orders of protection,
emergency civil no contact orders, and emergency stalking no contact orders shall be filed in the
office of the Clerk where the case will be heard. Other filings for the Domestic Violence
Division will also be accepted by the civil filing clerks in the First Municipal District, the
Suburban Municipal District offices of the Clerk, and in any of the civil division Offices of the
Clerk of the Court (Law, Chancery, Domestic Relations, County and Probate located in the
Richard J. Daley Center, and Child Support located at 28 North Clark Street).
(b) Juvenile Justice and Child Protection Department
Juvenile Justice Division, 1100 South Hamilton Avenue, Chicago;
Child Protection Division, 1100 South Hamilton Avenue, Chicago.
(c) Municipal Department
District 1: Civil, Rooms 601 and 602, Richard J. Daley Center, Chicago; Traffic, Lower Level, Richard J. Daley Center, Chicago; Criminal, Room 1006, Richard J. Daley Center, Chicago;
District 2: Civil, Criminal and Traffic, 5600 Old Orchard Road, Skokie;
District 3: Civil, Criminal and Traffic, 2121 Euclid, Rolling Meadows;
District 4: Civil, Criminal and Traffic, 1500 Maybrook Drive, Maywood;
District 5: Civil, Criminal and Traffic, 10220 South 76th Avenue, Bridgeview;
District 6: Civil, Criminal and Traffic, 16501 South Kedzie Parkway, Markham.
Additionally, filings for the First Municipal District, Civil, will also be accepted by the civil filing clerks in any of the civil division Offices of the Clerk of the Court (Law, Chancery, Domestic Relations, County and Probate located in the Richard J. Daley Center, and Child Support located at 28 North Clark Street), as well as in any of the Suburban Municipal District Offices of the Clerk of the Court.
[Amended, effective April 19, 2010.]
GENERAL ORDER NO. 1.5 - Administrative Units
The following units of
the Circuit Court of Cook County shall function as follows:
(a) The Forensic
Clinical Services Department - The Forensic Clinical Services Department provides
diagnostic and clinical services for adults, juveniles and families referred
by the Court. Diagnostic impressions, opinions and recommendations are
formulated in written reports submitted to the Court and expert court
testimony is provided as mandated.
(b) Social Services
Department -
The Social Services Department provides (1) social and counseling service
to persons referred to it by the court, and (2) supervision of persons
under supervision and conditional discharge by order of the Court.
(c) Office of the
Public Guardian
- The Office of the Public Guardian acts (1) as public guardian in cases in
which the office is appointed as guardian pursuant to 755 ILCS 5/13-5, and
(2) as attorney and guardian ad litem in cases in which the office is
appointed by order of the Court in any division of the Circuit Court of
Cook County.
(d) Hearing Officer
Division - The
Hearing Officer Division is appointed by this Court as the administrative
body (1) to conduct hearings which shall determine the future status of the
child pursuant to 42 U.S.C.A. 675 (1)(5)(c) and 705 ILCS 405/2-28, (2) to conduct
predispositional conferences pursuant to 705 ILCS 405/2-21.1, and (3) to
perform other duties as assigned by the Court.
[Amended, effective
August 1, 1996.]
GENERAL ORDER NO. 1.6 - Coordination of Cases Involving
Children
(a) Whenever there is a
petition pending in the Child Protection Division and a case involving the same
family is pending in any other division of the Court, the issues of
visitation, custody, guardianship or abuse, neglect or dependency of the
child who is the subject of the petition in the Child Protection Division
shall be heard and resolved as follows: The judges involved shall confer as
often as needed and jointly determine which court shall control and hear
said issues as set forth above and shall consider the impact of such orders
on siblings, relatives and parties in each case. Where a matter has been
pending in a division other than the Child Protection Division, the Child
Protection Division and the other involved judiciary will consider the
impact, significance and consequences of the Child Protection Division
proceeding on the prior pending matters when determining which court will
proceed on such issues.
(b) Any judge, in any
division, hearing a case involving a family who becomes aware that a
petition involving a child of that family is pending in the Child
Protection Division, may direct the Clerk of the Court to transmit a copy
of all pleadings and orders that relate to the child to the judge hearing
the case in the Child Protection Division.
[Amended, effective
August 1, 1996.]
GENERAL ORDER NO. 2 - Return Day Call and Assignment of Cases in
Municipal Department
2.1 - Cases in District One of the
Municipal Department of the Circuit Court of Cook County shall be returned
and assigned as directed by the Presiding Judge of that district.
2.2 - Cases in Districts Two
through Six of the Municipal Department of the Circuit Court of Cook County
shall be returned and assigned as directed by the Presiding Judge of the
district.
[Dated January 3,
1967.]
GENERAL ORDER NO. 3.1 - Assignment of Cases - Chancery
Each case filed in the
Chancery Division of the Circuit Court of Cook County shall be assigned by
the Clerk of the Circuit Court to a trial calendar using electronic data
processing equipment. Such assignment shall be made by random electronic
process as hereinafter provided.
[Amended, effective
January 1, 1982.]
1.1 Trial
Calendars.
a. The Presiding Judge of the Chancery Division shall assign each judge of the Division to a trial calendar designated in numerical order beginning with the number one except judges assigned to the Mortgage Foreclosure/Mechanics Lien Section who shall be assigned calendar numbers beginning with the number 51.
b. No judge shall be reassigned a different trial calendar without the written approval of the Chief Judge.
[Amended, effective
March 1, 2005.]
1.2 Classification of Cases.
a. All cases shall be entitled as provided in General Order 3.5 of the Circuit Court of Cook County.
b. Eight separate random assignment banks designated by the following categories of cases shall be provided by the electronic data processing equipment operated by the Clerk:
(1) Class Actions
(2) Declaratory Judgment
(3) Injunctions/Temporary Restraining Orders
(4) Administrative Review
(5) Change of Name
(6) General Chancery
(7) Mechanics Lien
(8) Mortgage Foreclosures
c. In the General Chancery Section each numbered calendar shall appear in category banks one through six above an equal number of times except for the calendar
number assigned to the Presiding Judge of the Division which shall appear in such
lesser proportions as the Presiding Judge of the Division shall designate.
d. In the Mortgage Foreclosure/Mechanics Lien Section, Calendars 52, 53, and 54 shall appear an equal number of times in the Mechanics Lien category bank and shall each be assigned randomly thirty-three and a third percent (33 1/3%) of twenty-five percent (25%) of the filings in the Mortgage Foreclosure category bank. Calendars 55, 56, 57, and 58 shall each be assigned randomly twenty percent (20%) of the filings in the Mortgage Foreclosure category bank.
[Amended April 17, 2006, effective May 1, 2006.]
1.3 Assignment by the Clerk of
the Court
a. When the Complaint or other paper commencing an
action in the Chancery Division is presented for filing the Clerk of the
Court shall proceed in the below specified sequence:
(i) immediately date and time stamp the documents;
(ii) affix the next sequential case number to the papers
as provided in General Order 6.2(a) of the Circuit Court of Cook County;
(iii) accept and record the filing fee;
(iv) enter the names of the parties, the case number and
the category of the case into the electronic data processing equipment and
by random electronic process, draw the number of the calendar to which the
case is assigned from the appropriate category bank;
(v) the number of the calendar to which the case is
assigned, the names of the parties, the case number and the category of the
case shall appear on the cathode ray tube at the assignment counter and
shall be printed on a three-part form;
(vi) separate the three-part, printed form provided by
the equipment, place the top sheet in the file, give the second sheet to
the attorney and retain the third sheet for delivery to the judge assigned
to hear the case; and
(vii) place upon the prenumbered file jacket and the
first pleading filed the electronically assigned calendar number.
b. The case number, names of parties, category and
calendar assignment shall be retained in the data memory banks of the
electronic data processing equipment.
c. Corrections in data entries
(i) Corrections in data entries may be made by the
person assigned by the Clerk to operate Chancery Division assignment
terminal only after the following procedures have been complied with:
(a) the operator shall fill out the printed form giving
the incorrect and proposed correct entry,
(b) the operator shall sign the form,
(c) the supervisor of the Chancery Division section of
the clerk's office shall certify that the incorrect and proposed correct
information is proper.
(ii) The corrected entry may then be made.
(iii) All completed corrections forms shall be delivered
to the Management Committee.
(iv) All information regarding a correction including
the incorrect and correct entries shall be retained in the data memory
banks of the electronic data processing equipment.
[Amended, effective June 2, 1980.]
1.4 Changes of Venue
a. Whenever a judge
assigned to the Chancery Division, either on his own motion or upon motion
of the parties, grants a change of venue, the case shall be reassigned to
the Presiding Judge of the Division who shall order the Clerk to draw by
random electronic process from the category bank designated on the original
pleading a new calendar number.
(i) The electronic data
processing equipment shall automatically exclude the calendar number of any
judge to whom the case has previously been assigned.
(ii) Procedures
followed by the Clerk when an order for a change of venue is made shall be
the same as prescribed in 1.3 a (iv), a (v), a (vi), a (vii), b and c
above.
(iii) The excluded
calendar or calendars shall appear on the three-part printed form in
addition to the information provided in 1.3 a (v) above.
[Amended, effective
June 2, 1980.]
1.5 Procedures in Absence of Regularly Assigned Judge
a. The Presiding Judge
of the Chancery Division shall designate another judge of the Division to
hear matters in the absence of the regularly assigned judge.
[Amended, effective
June 2, 1980.]
1.6 Consolidation of Cases
a. A motion to
consolidate cases pending in the Chancery Division shall be heard by the
Presiding Judge of the Division.
(i) Cases consolidated
pursuant to subparagraph (a) above shall be assigned to the calendar to
which the case with the lowest docket number was assigned.
b. A motion to
consolidate a case pending in the Chancery Division with a case pending in
any other Division or District of the Circuit Court of Cook County shall be
heard pursuant to General Order 12 of the Circuit Court of Cook County.
[Amended, effective June 2, 1980.]
1.7 Transferred Cases
a. When an action is transferred
to the Presiding Judge of the Chancery Division pursuant to General Order
1-3 of the Circuit Court of Cook County, the Presiding Judge shall order
the Clerk to draw from the appropriate category bank a number of a calendar
to which the transferred case shall be electronically assigned.
[Amended, effective
June 2, 1980.]
1.8 Emergency Matters
a. At any time when the
electronic data processing equipment operated by the Clerk is not in
operation emergency matters shall be heard by a judge designated by the
Presiding Judge to hear those matters.
b. Cases heard by any judge
designated to hear emergency matters shall be electronically assigned to a
calendar the next business day as provided in Section 1.3 above.
[Amended, effective
June 2, 1980.]
1.9 Management of the Random Assignment System
a. A Management
Committee is hereby established for the Chancery Division of the Circuit
Court of Cook County
(i) The Committee shall
be composed of the Chief Judge or his designee, the Presiding Judge of the
Division and two other Chancery Division judges appointed by the Chief
Judge. The Committee shall meet bimonthly or more frequently as necessary.
(ii) It shall be the
duty of the Management Committee to :
(a) review the
operation of the Random Assignment System,
(b) from time to time
review audits conducted by the Clerk,
(c) recommend to the
Chief Judge changes in the operation of the Random Assignment System, in
the General Order establishing such system and in the audit procedures
established by the Clerk, and
(d) perform such other
duties as the Chief Judge shall assign.
(iii) (a) The
Management Committee may direct the Clerk to discontinue the assignment of
cases to any numbered calendar of the Chancery Division when the judge
assigned to that calendar requests in writing that no additional cases be
assigned to his calendar, stating the reason therefor.
(b) A statement of the
Committee's action allowing or denying the request together with the
reasons therefor shall be delivered to the Chief Judge.
(c) Any order
discontinuing the assignment of cases to a particular calendar shall be
reviewed by the Management Committee every 30 days. If such order is
extended after review, a written report stating the reason for such action
shall be delivered to the Chief Judge.
(iv) If the Management
Committee determines that a case was dismissed or abandoned and a
subsequent case has been filed involving the same or similar parties and
relating to the same subject matter, the second case or any such succeeding
cases may be reassigned to the calendar to which the first case filed was
assigned.
b. The Clerk of the
Circuit Court of Cook County shall establish procedures to audit the
assignment of cases by the Random Assignment System established herein.
[Amended, effective
June 2, 1980.]
GENERAL ORDER NO. 3.2 - Superseded by General Order 3.1 above.
GENERAL ORDER NO. 3.3 - Motion Picture Injunctions
(a) Any complaint for
injunction filed pursuant to Section 155-7.2 of the Municipal Code of
Chicago, or similar provision of an Ordinance of any other municipality,
shall be placed at the head of the call of the Chancery Division and shall
be given priority over all other causes.
(b) The court shall set
the cause for hearing within five days after the Complaint has been filed.
The hearing shall not be recessed or continued, other than from the close
of one court day to the opening of the next court day, unless upon request
of the defendant.
(c) The Court shall
render its judgment within three days after the conclusion of the hearing.
[Amended, effective
April 4, 1968.]
GENERAL ORDER NO. 3.4 - Foreclosure Suits
In foreclosure suits a
separate action shall be filed for each parcel of Real Estate involved
except where one mortgage is covered by several parcels.
[Amended, effective
October 8, 1965.]
GENERAL ORDER NO. 3.5 - Captions of Cases in the Chancery
Division
Every complaint or
other paper commencing an action in the Chancery Division shall designate
in the caption below the words "In Chancery" the following
depending upon the relief sought:
a. If the case is to be
maintained as a Class Action the words "Class Action" shall
appear regardless of any other relief sought.
b. If the Complaint
seeks injunctive relief, the words "Injunction/Temporary Restraining
Order" shall appear regardless of any other relief sought except as
provided in subsection (a) above.
c. If the Complaint
seeks the foreclosure of a mortgage, the words "Mortgage
Foreclosure" shall appear except as provided in subsections (a) and
(b) above.
d. If the Complaint
seeks a change of name, it shall bear the words "Change of Name"
except as provided in subsections (a), (b) and (c) above.
e. If the Complaint
seeks a review of the decision of an administrative body or agency, the
words "Administrative Review" shall appear except as provided in
subsections (a), (b), (c) and (d) above.
f. If the Complaint
seeks a declaratory judgment, the words "Declaratory Judgment"
shall appear except as provided in subsections (a), (b), (c), (d) and (e)
above.
g. If the Complaint
seeks to foreclose a Mechanic's Lien, it shall bear the words
"Mechanic's Lien" except as provided in subsections (a), (b),
(c), (d), (e) and (f) above.
h. All other actions
not specified in subsections (a-g) above shall have the word
"General" below the words "In Chancery."
[Amended, effective
September 4, 1984.]
GENERAL ORDER NO. 3.6 - Filing of Reports in Statutory Liquidation
Proceedings
(a) In any action filed
in the Circuit Court of Cook County seeking liquidation, dissolution or other
statutory relief under any statute of this state where a liquidator,
receiver or other similar officer has been appointed by and is acting under
the authority of any executive or administrative official of this state,
the liquidator, receiver or other such officer shall file with this court a
quarterly statement of the condition of the estate being administered
setting forth the assets and liabilities thereof at the close of each
quarter of its fiscal year and a statement of operations for said quarter
of its fiscal year.
(b) In any such action
pending in the Circuit Court of Cook County on the date of this order, the
liquidator, receiver or other such officer shall file within 60 days of
this date quarterly statements as aforesaid covering each fiscal quarter
since the filing of the action, and thereafter for each subsequent quarter
of its fiscal year.
(c) Each report shall
be filed on a detailed form authorized by the state official having
jurisdiction of said liquidator, receiver or other such officer.
(d) Copies of said
quarterly reports shall be served upon each counsel of record who has filed
an appearance in the proceeding on behalf of any party named in the
Complaint or on behalf of any party added thereafter by order of court.
[Amended, effective
April 22, 1968.]
GENERAL ORDER NO. 4 - Correction of Errors in Criminal
and Quasi-Criminal Actions
A motion to correct
errors in criminal and quasi-criminal cases shall be in writing,
accompanied by affidavit, entitled in the action in which the error
complained of is alleged to have occurred, filed with the Clerk of the
Court and memorandum thereof entered in the original action. A notice of
the motion shall be served upon the attorney for the prosecution in the
original action and be returnable before the Presiding Judge or his
designate of the Division or District in which the original action was
tried for assignment.
[Dated January 2,
1964.]
GENERAL ORDER NO. 5 - Hours of Court
The hours of the
Circuit Court of Cook County shall be as follows:
Court shall be convened
on each working day except Saturday at the hour of 9:30 o'clock a.m.,
unless otherwise ordered by the Presiding Judge of the Division, or with
the consent of the Presiding Judge of the Division by the Judge or Associate
Judge to whom the action is assigned for hearing or trial.
[Dated June 3, 1975.]
GENERAL ORDER NO. 6 - Captions and Numbering of
Actions
GENERAL ORDER NO.
6.1 - Captions
(a) New Actions
- Every complaint or other paper initiating any action or proceeding shall
contain in the caption the words "IN THE CIRCUIT COURT OF COOK COUNTY,
ILLINOIS" and the name of the Department and Division or District of
the Court in which the action is filed. Complaints in actions on Small
Claims within the provisions of Rules 281 through 288 of the Rules of the
Supreme Court of Illinois shall be endorsed with the words "Small
Claims" beneath the caption. Captions of papers subsequent to the
complaint shall conform to the style of the complaint. Misdesignation or
errors in captions shall not affect the power of the court or constitute
grounds for dismissal. Blank forms supplied by the Court containing
captions formerly used in the several courts in and for Cook County may be
used, regardless of caption, for so long as the Clerk of Court shall
determine.
[Dated January 3,
1967.]
(b) Pending Actions - In actions pending on December
31, 1963 A.D., pleadings, motions, orders, court forms and other papers
filed on and after January 1, 1964 A.D., should be captioned as provided in
section (a) of this order, but shall be valid if entitled in the name of
the court in which the action was filed prior to January 1, 1964 A.D.
[Dated January 1,
1964.]
GENERAL ORDER NO. 6.2 - Numbering of Actions
(a) New Actions-
Every action, upon the filing of the complaint or other paper initiating the action or proceeding, shall be numbered in annual series with the number of the action preceded by the last two figures of the current year and by the abbreviation of the Division or District in which the action is filed, and the Record Series (RS) where implemented by the Clerk of the Circuit Court, in the following form:
County Department
| Law Division | 03LWRS-123456 |
| Chancery Division | 03CH-1234 |
| Domestic Relations Division | 03D-1234 |
| County Division | 03CORS-123456 |
| Probate Division | 03P-1234 |
| Child Protection Division | 03JA-1234 |
| Juvenile Justice Division | 03JD-1234 |
| Criminal Division | 03CR-1234 |
Municipal Department
| District 1 |
| Civil | 03M1-1234 |
| Criminal | 03MC1-1234 |
| |
| District 2 |
| Civil | 03M2-1234 |
| Criminal | 03MC2-1234 |
| |
| District 3 |
| Civil | 03M3-1234 |
| Criminal | 03MC3-1234 |
| |
| District 4 |
| Civil | 03M4-1234 |
| Criminal | 03MC4-1234 |
| |
| District 5 |
| Civil | 03M5-1234 |
| Criminal | 03MC5-1234 |
| |
| District 6 |
| Civil | 03M6-1234 |
| Criminal | 03MC6-1234 |
Any changes conforming to the numbering system set forth in this General Order 6.2 (a) implemented prior to the date of this amendment are hereby approved.
(b) Pending Actions – Each action pending on December 31, 1963, in any given court in or for Cook County shall retain the number given in the court in which the action was filed prior to Jan. 1, 1964, and pleadings, orders, judgments and other papers subsequently filed shall bear the number so given.
(c) Remanded Actions – Every action remanded by the Appellate Court or the Supreme Court for a new trial or hearing, upon reinstatement, shall be renumbered by the clerk in annual series with the number of the action preceded by the last two (2) figures of the current year and by the abbreviation of the division or district in which the action is filed, and the clerk of the court shall notify the parties of the new number. The case shall be set for trial on motion of either party.
[Amended July 2, 2003.]
GENERAL ORDER NO. 6.3 - Statement of Insurance
In all cases filed in
the Circuit Court of Cook County wherein an attorney files his appearance
for any party on behalf of an insurance company or companies pursuant to a
contract of insurance or subrogation between said insurance company or
companies and any party, the attorney shall state the name of the insurance
company or companies on whose behalf he has filed.
[Dated December 31,
1965.]
GENERAL ORDER NO. 6.4 - Replevin and Garnishment Actions
[Rescinded,
effective April 3, 1987.]
GENERAL ORDER NO. 6.5 - Forms of Record
The Clerk of the Court
shall keep the records of the court in the following manner:
(a) Forms of
entries. He shall use abbreviated forms of entries of the
proceedings, orders and judgments of the court, which abbreviated forms of
entries shall have the same force and effect as if the proceedings, orders
and judgments were entered in full on the records of the court. Any entry
of a final order or judgment shall be deemed sufficient which will inform
any person of ordinary intelligence what the court intended to order or
adjudge, and it shall not be necessary to the validity of such final order
or judgment that the record should recite all the preliminary proceedings
leading up to such final order or judgment, but all such necessary
preliminary proceedings shall be presumed to have been taken in the absence
of anything appearing in the record of the case to the contrary.
(b) Half-sheets. He shall keep a half-sheet in
the file of each case in the Municipal Department which shall contain a
record (1) of papers and documents filed, (2) of all proceedings had, and
(3) of all orders and judgments entered in the case, in manner provided in
paragraph (a) of this order.
The half-sheet shall
constitute part of the official court record in each case.
[Dated January 6,
1977.]
GENERAL ORDER NO. 7 - Traffic Violations, Schedule of Fines and
Appearances in Municipal Department
The following schedule
is established for fines and appearances in actions for traffic violations in
the Municipal Department of the Circuit Court of Cook County, pursuant to
the authority conferred in Circuit Court Rule 11.2.
1 - District 1,
Municipal Department
(a) Parking Tickets -
Minimum Fines:
$10.00 - Parking meter
violation 27-329.
$15.00 - 27-308A and
other parking violations not listed for $10.00, $25.00, $50.00 or $100.00.
$25.00 - Violations as
follows:
27-308D
27-311-10 27-311-19
27-311-1
27-311-11 27-316
27-311-2
27-311-12 27-318
27-311-3
27-311-13 27-320
27-311-4
27-311-14 27-321
27-311-5
27-311-15 27-322
27-311-6
27-311-16 27-326
27-311-8
27-311-17 27-353
27-311-9
27-311-18 27-372
[Dated, effective
December 1, 1985.]
GENERAL ORDER NO. 8 - Pretrial Release
8-1 As authorized by the Chief Judge
pursuant to Supreme Court Rule 553, the following persons may release on
bail any persons arrested or charged with violations where bail has been
preset under Supreme Court Rules 526, 527 and 528 (Ill.Rev.Stat. 1989, ch.
110A, pars. 526, 527 and 528) and may be released from custody on cash bail
or Individual Recognizance in the amount required by that article:
(a) Any General
Superintendent, Chief, Captain, Lieutenant, Sergeant of Police or Watch
Commander.
(b) The Sheriff of Cook
County, Watch Commander, any Deputy Sheriff designated by said Sheriff.
(c) The Clerk of the
Circuit Court of Cook County and his/her deputy clerks
(d) The District
Commander of the Illinois Department of Conservation and his designated
officers.
(e) Any Police Officer
or Watch Commander designated by the Commanding Officer of a Police
Department of any village, city, town or other municipality.
8-2 Bail may be posted or accepted in any police
station, sheriff's office, jail, or other County, Municipal or other
building housing governmental units, or a division headquarters building of
the Illinois Highway Police.
8-3 All persons arrested within the Central Police
District of the City of Chicago and not let to bail (excepting those
persons arrested on warrants) shall be brought without undue delay before a
Judge regularly assigned to Bond Court for the purpose of setting bail.
8-4 Pursuant to the provisions of Illinois Supreme
Court Rule 553, the Watch Commander at any Police Department or law
enforcement agency of any unit of local, county or state government in Cook
County, Illinois, is authorized by the Chief Judge to release accused
persons upon individual bond in conformance with that Rule. Where all
offenses are conservation and traffic offenses, law enforcement officers of
the Illinois Department of Conservation, as authorized by their District
Commander, may release in the field upon individual bond by the accused's
signing of the citation and complaint.
8-5 The officials listed in 8-1(a) and 8-4 are not
authorized to let to Individual Bond any person who, pursuant to Supreme
Court Rule 553(d), is unwilling to establish his identity or submit to
being fingerprinted as required by law, or elects release under separate
bail under Supreme Court Rule 503(a)(3).
[Amended, effective
November 5, 1990.]
GENERAL ORDER NO. 9 - Weekend and Holiday Branches in Municipal
Department
9.1 Weekend and holiday sessions of
District One of the Municipal Department of the Circuit Court of Cook
County shall be held for criminal and quasi-criminal actions as directed by
the Presiding Judge of that district.
9.2 Weekend and holiday sessions of Districts Two
through Six of the Municipal Department of the Circuit Court of Cook County
shall be held for criminal and quasi-criminal actions as directed by the
Presiding Judge of the district.
[Dated January 3,
1967.]
GENERAL ORDER NO. 10 - Matters Assignable to Associate Judges
The Presiding Judge of
each Division or District of the Circuit Court of Cook County may assign to
Associate Judges within his Division or District, severally or by
designation of office, by class or category of case, or in specific
instances, any matter except the trial of criminal cases in which the
defendant is charged with an offense punishable by imprisonment for more
than one (1) year, unless such Associate Judge is authorized by the
Illinois Supreme Court to hear felony trials.
[Amended, effective
January 7, 1982.]
GENERAL ORDER NO. 11 - Transfer of Criminal Cases
The presiding judge of
the Criminal Division, County Department, is hereby authorized to transfer
to any judge previously assigned to the Criminal Division, County Department,
or to the former Criminal Court of Cook County any matter previously
assigned to him for the purpose of (1) terminating such matter; and (2)
hearing all post-trial motions and proceedings concerning such matter.
[Dated January 2,
1964.]
GENERAL ORDER NO. 12 - Motions for Consolidation
12-1-Any Action in
County Department
The Assignment Judge of
the Law Division, County Department, hears motions for the consolidation of
actions pending in:
(a) Different
Departments of the Court;
(b) Different Divisions
of the County Department; and
(c) The Law Division.
12-2-All Actions in
Municipal Department
The Motion Judge of
District 1 of the Municipal Department hears motions for the consolidation
of actions pending in different Districts of the Municipal Department or
within District 1.
12-3-Actions in Same
Division or District
The Presiding Judge of
the Division or of Districts 2, 3, 4, 5, or 6 hears motions for the
consolidation of actions pending in a single Division or District.
[Dated February 1,
1964.]
GENERAL ORDER NO. 13 - Transfer of Previously Assigned Case (Dated
Oct. 20, 1964)
The Presiding Judge of
each Division of the County Department and each District of the Municipal
Department of the Circuit Court of Cook County is authorized to transfer to
any judge previously assigned to said Division or District any matter
previously assigned to that judge for the purpose of:
(1) terminating such
matter; and
(2) hearing all
post-trial motions and proceedings concerning such matter.
[Dated October 20,
1964.]
GENERAL ORDER NO. 14 - Probate Proceedings
14.1 Schedule of
Hearings
The Probate Division of
the County Department shall hear matters according to the following
schedule:
(a) Motions of
Court-Daily:
(i) 10:00 a.m.-Motions
not requiring notice.
(ii) 10:45 a.m.-Motions
requiring notice.
(b) Set Matters-Daily:
(i) Before Presiding Judge-11:30
a.m. and 2:00 p.m.
(ii) Before Associate
Judges and Magistrates-10:00 a.m and 2:00 p.m.
(c) Citations
Returnable-Daily at 11:15 a.m.
(d) Claim Calendar-4th
Monday of each month at 11:15 a.m.
(e) Hearings on Minors'
Settlements-Monday, Tuesday and Thursday at 2:15 p.m.
(f) Hearings on all
other matters-Daily at 10:00 a.m. and 2:00 p.m.
[Dated December 28,
1966.]
14.2 Special Records
The clerk shall
maintain records listing (1) authorized surety companies and their powers
of attorney and (2) data pertaining to the appointment and qualification of
the public administrator, public guardian and public conservator.
[Dated October
18,1972.]
14.3 Publication of Call of Calendars
The clerk shall publish
the call of calendars in the Chicago Daily Law Bulletin in an issue
published not later than the day before the calendar is called.
[Dated December 28,
1966.]
14.4 Testimony on Hearing to Admit Will
The testimony recorded
at the hearing on the admission of a will to probate shall be reduced to
writing, certified by the hearing judge, and filed.
[Dated December 28,
1966.]
14.5 Inventory Furnished County Assessor
A copy of each
inventory filed shall be forwarded by the clerk to the Assessor of Cook
County.
[Dated December 28,
1966.]
14.6 Claims: Hearing On
Each month the clerk
shall prepare a calendar of claims at issue or as to which the time for
filing pleadings has expired. The judge shall call the calendar on the 4th
Monday of the month. On the call of the calendar, claims will be allowed,
set for hearing, continued, or dismissed as circumstances warrant.
[Dated December 28,
1966.]
14.7 Place of Judicial Sales of Real Estate
Unless otherwise
ordered by the judge, every public sale of real estate or any interest
therein will be held in Room 702, Richard J. Daley Center, Chicago,
Illinois.
[Dated December 28,
1966.]
14.8 Filing of Address by Legal Representative
Each legal
representative shall file his address with the clerk at the time of filing his
oath or acceptance, and shall file with the clerk any change of address
during the period of administration.
[Dated December 28,
1966.]
14.9 Removal of Documents
No original will or
other original document may be taken from the office of the clerk except by
order of a judge.
[Dated December 28,
1966.]
GENERAL ORDER NO.
15 - Domestic Relations Proceedings
15.1 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 the marriage and family counseling service.
[Dated October 24,
1986.]
15.2 Marriage and Family Counseling Service
The personnel of the
marriage and family counseling service shall perform non-judicial duties
assigned to them by the presiding judge of the Domestic Relations Division.
[Dated October 24,
1986.]
15.3 Assignment of Cases
Each case filed in the
Domestic Relations Division of the Circuit Court of Cook County shall be
assigned by the Clerk of the Circuit Court to a calendar by random
electronic process as hereinafter provided.
3.1 Judicial
Calendars
a. The Presiding Judge
of the Domestic Relations Division shall assign each judge of the Division
to a team and to a calendar within each team.
(i) Each Preliminary
Judge shall be assigned to a lettered calendar.
(ii) Each Trial Judge
shall be assigned to a numbered calendar.
b. No judge shall be
reassigned except by written order of the Presiding Judge memorializing the
reasons therefor.
3.2 Assignment by
the Clerk of the Court
a. When the complaint
or other paper commencing an action in the Domestic Relations Division is presented
for filing, the Clerk of the Court shall proceed in the below specified
sequence:
(i) Immediately date
and time stamp the documents;
(ii) Affix the next
sequential case number to the papers as provided in General Order 6.2(a) of
the Circuit Court of Cook County;
(iii) Accept and record
the filing fee;
(iv) Enter the names of
the parties and the case number into the electronic data processing
equipment and by random electronic process, draw the letter of the calendar
to which the case is assigned from the appropriate preliminary calendar
data bank;
(v) The letter or
number of the calendar to which the case is assigned, the names of the
parties and the case number shall appear on the cathode ray tube at the
assignment counter and shall be printed on a three-part form;
(vi) Separate the
three-part, printed form provided by the equipment, place the top sheet in
the file, give the second sheet to the attorney and retain the third sheet
for delivery to the judge assigned to hear the case; and
(vii) Place upon the
prenumbered file jacket and the first pleading filed the electronically
assigned calendar letter or number.
b. The case number,
names of parties, and calendar assignment shall be retained in the data
memory banks of the electronic data processing equipment.
c. Corrections in data
entries.
(i) Corrections in data
entries may be made by the person assigned by the Clerk to operate Domestic
Relations Division assignment terminal only after the following procedures
have been complied with:
(a) the operator shall
fill out the printed form giving the incorrect and proposed correct entry,
(b) the operator shall
sign the form,
(c) the supervisor of
the Domestic Relations Division section of the clerk's office shall certify
that the incorrect and proposed correct information is proper.
(ii) The corrected
entry may then be made.
(iii) All completed
correction forms shall be delivered to the Presiding Judge.
(iv) All information
regarding a correction including the incorrect and correct entries shall be
retained in the data memory banks of the electronic data processing
equipment.
3.3 Changes of Venue
a. Whenever a
preliminary judge assigned to the Domestic Relations Division, either on
his own motion or upon motion of the parties, grants a change of venue, the
case shall be reassigned to the Presiding Judge of the Division, or his
designate, who shall order the Clerk to draw by random electronic process
from the appropriate preliminary bank a new calendar letter.
(i) The electronic data
processing equipment shall automatically exclude the calendar number or
letter of any judge to whom the case has previously been assigned.
(ii) The excluded
calendar or calendars shall appear on the three-part printed form in
addition to the information provided in 3.2 a (v) above.
[Dated, effective July
1, 1988.]
3.4 Procedures in
Absence of Regularly Assigned Judge
a. The Presiding Judge
of the Domestic Relations Division shall designate another judge of the
Division to hear matters in the absence of the regularly assigned judge.
[Dated October 24,
1986.]
3.5 Consolidation of
Cases
a. A motion to
consolidate cases pending in the Domestic Relations Division shall be heard
by the Presiding Judge of the Division or his designate.
(i) Cases consolidated
pursuant to subparagraph (a) above shall be assigned to the calendar to
which the case with the lowest docket number was assigned.
b. A motion to
consolidate a case pending in the Domestic Relations Division with a case
pending in any other Division or District of the Circuit Court of Cook
County shall be heard pursuant to General Order 12 of the Circuit Court of
Cook County.
[Dated, effective July
1, 1988.]
3.6 Transferred
Cases
a. 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 designate, shall order the Clerk to draw from the appropriate
category bank a letter of a calendar to which the transferred case shall be
electronically assigned.
[Dated, effective July
1, 1988.]
3.7 Emergency
Matters
a. At any time when the
electronic data processing equipment operated by the Clerk is not in
operation, emergency matters shall be heard by a judge selected by the
Presiding Judge, or his designate, to hear those matters.
[Dated, effective
October 24, 1986.]
b. Cases heard by any
judge designated to hear emergency matters shall be electronically assigned
to a calendar the next business day as provided in Section 3.2 above.
[Dated, effective July
1, 1988.]
3.8 Assignment of
Cases in the Suburban Municipal Districts
a. Judges assigned
suburban Domestic Relations calendars are designated Individual Calendar
Judges and shall hear all aspects of cases assigned to them, including
pre-judgment, trial, and post-judgment matters. Court support services
authorized by Circuit Court Rule, including, but not limited to psychiatric
evaluations, mediation and parenting education, shall be provided as
directed by the judge.
b. Domestic Relations
Divisions actions may be filed in and transferred to suburban municipal
district court locations as designated by the Chief Judge as follows:
(i) Original Domestic
Relations cases may be filed at the designated suburban municipal district
court locations if at least one of the parties resides within the
geographical boundaries of the respective suburban district. Cases so filed
shall receive a suburban "D" case number designating the
courthouse location by the municipal district number.
(ii) Default prove-ups
pending on calendars in the Richard J. Daley Center in which at least one
of the parties resides within the geographical boundaries of the suburban
district, may be transferred to such suburban municipal district court
location for hearing upon motion by the petitioner.
(iii) Uncontested
causes pending on calendars in the Richard J. Daley Center in which at
least one of the parties resides with the geographical boundaries of the
suburban district, may be transferred to such suburban municipal district
court location for hearing upon agreement of both parties.
(iv) Contested
pre-judgment matters pending on calendars in the Richard J. Daley Center in
which both parties reside within the geographical boundaries of the
suburban municipal district, may be transferred to such suburban municipal
district court location upon agreement of both parties and a finding of
good cause by the Presiding Judge of the Domestic Relations Division.
(v) Where judgment in a
case is entered in the Richard J. Daley Center, post-judgment matters may
be transferred to the suburban municipal district court location in which
both parties reside, upon agreement by the parties and a finding of good
cause by the Presiding Judge of the Domestic Relations Division.
c. Domestic Relations
Division actions may be transferred from suburban municipal district court
locations to the Richard J. Daley Center location as follows:
(i) Pre-judgment
matters: Removal of a pre-judgment case filed within a suburban municipal
district shall occur when the Respondent files his/her first appearance
together with a District Transfer Form, pursuant to Domestic Relations
General Order 98-D-2. Cases removed from the suburban municipal district
pursuant to this paragraph shall be transferred to the Presiding Judge of
the Domestic Relations Division for assignment within the Domestic
Relations Division in the Richard J. Daley Center. Such a transfer shall
not be deemed an exercise of statutory rights for "Substitution of
Judge." The provisions of this paragraph shall not apply to independent
petitions for civil orders of protection arising under the Illinois
Domestic Violence Act. If a petition for an order of protection is filed in
conjunction with another Domestic Relations proceeding, the provisions of
this paragraph shall not apply unless the District Transfer Form, objecting
to location, is filed more than 48 hours prior to the date set for hearing
and the petitioner or petitioner's attorney is notified thereof, consistent
with existing court rules.
(ii) Post-judgment
matters: Post-judgment matters will remain in the suburban municipal
district court location in which judgment was entered unless objected to by
one or both of the parties. If neither party resides in the suburban
municipal district at the time of filing of the post-judgment matter,
either party may have the matter removed from the suburban location upon a
finding of good cause by the Presiding Judge of the Domestic Relations
Division. Cases removed from suburban calendars pursuant to this paragraph
shall be transferred to the Presiding Judge of the Domestic Relations
Division for reassignment within the Domestic Relations Division in the
Richard J. Daley Center. Such a transfer shall not be deemed an exercise of
statutory rights for "Substitution of Judge". The provisions of
this paragraph shall not apply to independent petitions for civil orders of
protection arising under the Illinois Domestic Violence Act.
d. Initial and
subsequent pleadings for cases pending in the Richard J. Daley Center may
be filed in the Office of the Clerk of the Court in any of the suburban
municipal districts and will be transmitted by the Clerk to the Richard J.
Daley Center. Initial and subsequent pleading for cases pending on a
suburban district calendar shall be filed in the Office of the Clerk of the
Court in the suburban municipal district where the case is pending or in
the Office of the Clerk of the Court in the Richard J. Daley Center who
will transmit such pleadings to the appropriate suburban municipal district
location.
e. Nothing within this
order shall limit either party from the exercise of his/her rights for
substitution of judge pursuant to 735 ILCS 5/2-1001. However, any request
granted for substitution of judge from a suburban municipal district
calendar judge shall result in a transfer of the case to the Presiding
Judge of the Domestic Relations Division for reassignment.
f. The Presiding Judges
of those municipal districts in which actions of the Domestic Relations
Division are filed and heard shall be deemed supervising judges in the
Domestic Relations Divisions for the purpose of facilitating case flow
management.
[Effective October 1,
1998.]
GENERAL ORDER NO. 16.1 - Duties of the Presiding Judge of the
Juvenile Justice Division
The Presiding Judge of
the Juvenile Justice Division or any Judge of the Juvenile Justice Division
designated by the Presiding Judge shall hear and determine all motions and
may enter orders permitting the prosecution of a minor thirteen (13) years
of age or over, under the criminal laws in accordance with the provisions
of 705 ILCS 405/5-4(3)(a) of the Juvenile Court Act.
[Amended, effective
March 1, 1995.]
GENERAL ORDER NO. 17 - Criminal Proceedings
17.1 Notice
Notice of all motions
in criminal cases shall be served upon the State's Attorney of Cook County
at 2600 South California Avenue, Chicago, Illinois.
[Dated July 14,
1967.]
17.2 Duties of Presiding Judge
(a) The presiding judge
of the Criminal Division has general administrative powers within the
Division. He requisitions and impanels all grand juries and petit juries;
on arraignment he assigns cases to judges sitting in the Criminal Division.
(b) Each presiding
judge of the several municipal districts of the Municipal Department has
general administrative powers in his district, and assigns cases to judges
and magistrates in his district.
[Dated July 14,
1967.]
17.3 Grand Jury Summons
The clerk shall issue
and deliver to the sheriff, summons for the grand jury panel and the supplemental
panel, commanding him to summon the persons certified by the Jury
Commissioners and requiring them to appear before the presiding judge of
the Criminal Division at the time stated in the summons, subject to further
order of the presiding judge. If the grand jury panel is not complete the
presiding judge shall direct the sheriff to summon additional persons to
complete the panel. The sheriff shall serve the summons in the manner
provided for serving the regular grand jury panel.
[Dated July 14, 1967.]
17.4 Custody and Conduct of Jurors
(a) A room designated
as a Jurors' Assembly Room shall be reserved for the exclusive use of
jurors assigned to the Criminal Division.
(b) All jurors must
remain in the Jurors' Assembly Room except when assigned to a courtroom.
(c) Only a judge of the
Criminal Division or a court official in the performance of his official
duties is permitted to enter the Jurors' Assembly Room.
(d) The sheriff shall
assign, and properly designate, one or more elevators in the Criminal
Courts Building for the exclusive use of judges, jurors and bailiffs in
charge of jurors.
(e) No person other
than a court official in the performance of his official duties shall
discuss with a juror, or in the presence of a juror, any matter relating to
jurors or jury service. Every juror must report to a judge any violation of
this rule.
(f) The violation of
any provision of this rule will be deemed contempt of court.
(g) The sheriff shall
display in a conspicuous place in the Jurors' Assembly Room the provisions
of this rule.
[Dated July 14,
1967.]
17.5 Supervisor of Jurors
(a) The Chief Judge
shall designate a supervisor of jurors.
(b) The supervisor of
jurors shall be in charge of summoned jurors. He shall regulate assignments
of jurors to the judges and supervise and keep records of their service.
(c) No person summoned
to serve as juror may be excused except by the presiding judge.
(d) The Jury
Commissioners shall furnish the supervisor of jurors with the jury list and
a juror's card containing the number, name and address of each prospective
juror. If a prospective juror is excused by the presiding judge, the
supervisor of jurors shall stamp or write the word "Excused" on
the jury list opposite the name of the juror.
(e) The name of a juror
summoned, but not found, is marked "Not Found" opposite his name
on the jury list.
(f) If a juror is
"Excused" by the presiding judge or "Not Found" his
card is returned to the Jury Commissioners.
(g) Each juror shall
wear a juror's badge bearing his service number.
(h) All juror's cards
shall remain in the custody of the supervisor of jurors. When a juror is
assigned the card shall be sent to the trial judge in whose custody it
shall remain until the juror returns to the Jurors' Assembly Room. The card
shall be returned immediately to the supervisor of jurors.
(i) A judge desiring a
jury shall send a bailiff with his request to the supervisor of jurors. The
supervisor of jurors shall use a revolvable hopper in which he shall
deposit pellets numbered to correspond with the jury service numbers on the
cards, and shall draw from the hopper as many pellets as the number of
jurors requested. The cards corresponding to the numbers on the pellets
drawn shall be given to the bailiff, who shall call the jurors named on the
cards. The jurors shall then accompany the bailiff to the courtroom.
(j) Jurors shall be
called into the jury box in numerical order beginning with the lowest
numbered on odd-numbered days of the month and beginning with the highest
number on even-numbered days of the month. After the jury is selected, the
judge shall direct the remaining jurors to return to the Jurors' Assembly
Room and their cards shall be returned immediately to the supervisor of
jurors.
(k) Immediately upon the
termination of each day of service of any juror before a trial judge, the
minute clerk shall require the juror to sign his name on the card on a line
for each day served before that particular judge. The minute clerk signs
his own name and stamps the trial judge's name on lines provided therefor
on the same card; each juror remaining in the Jurors' Assembly Room any day
without assignment to a trial court, shall, before being discharged for the
day, sign his name on his card and the supervisor of jurors shall subscribe
his name in the space provided therefor.
(l) The supervisor of
jurors shall keep uniform records of all assignments of jurors including
the judges to whom they were assigned, the date and hour of the assignment
and the date and hour that the jurors and cards are returned from the trial
judge. Similar records shall be kept by the deputy sheriff assigned to the
jury room.
(m) At the conclusion
of the service of each juror, the supervisor of jurors shall compute the
number of days served and the mileage fee to be paid and shall certify upon
the jurors' card the amount due to the juror from the County, and shall
prepare a payroll sheet. The juror shall sign his name to the certificate
printed upon the card and a voucher showing the amount due for his service.
(n) The supervisor of
jurors shall forward the vouchers and payroll sheets to the county
comptroller for payment.
(o) The cards of the
jurors who have served shall be delivered to the clerk of the Criminal
Division and shall be retained as a permanent record regardless of the
length of the juror's service.
[Dated July 14,
1967.]
17.6 Official Court Reporter
(a) At the direction of
the presiding judge, the official court reporters in the Criminal Division
shall elect three of their members as a committee. One member of the
committee shall be selected as chairman.
(b) At the request of
the presiding judge, the chairman shall detail the activities of each
reporter.
(c) The committee shall
assign reporters to individual court rooms and shall be responsible for
adequate court reporting in each court room. The committee shall provide
each judge in the Criminal Division with a reporter unless the assigned
reporter is excused by the judge.
(d) All shorthand
notebooks, stenotapes and other recording devices used by the reporters
shall be delivered to the clerk within thirty (30) days after completion of
the proceedings, for safekeeping, and shall remain in a vault in the
clerk's office. The clerk shall issue a receipt for the notebooks and other
records and shall retain a copy of the receipt.
(e) All stenographic
notebooks, stenotapes and other records delivered to the clerk shall be
retained by him unless otherwise ordered by a judge of the Criminal
Division. Notebooks taken from the possession of the clerk shall be
returned within thirty (30) days unless otherwise ordered by the judge.
[Dated July 14,
1967.]
17.7 Petitions to Expunge Records of Arrest
(a) All petitions to
expunge records of arrest from the official records of the arresting
authority shall be in writing and shall be brought before the Presiding
Judge of the Criminal Division if the case arises in the City of Chicago.
If the case arises in any of the five Suburban Districts the petition
should be brought before the Presiding Judge of the respective district. If
the subject matter of the case is a delinquency petition, the petition to
expunge records of arrest should be brought before the Presiding Judge of
the Juvenile Division.
(b) Notice of the
petition shall be served upon the prosecuting authority charged with the
duty of prosecuting the case arising out of the incident of arrest.
(c) The petition shall
be accompanied by a waiver, in a manner satisfactory to the court, waiving
any and all claims the petitioner may have against the arresting officer or
officers in the case arising out of the incident of arrest.
(d) The Presiding Judge
before whom the record to expunge is brought may, in his discretion, enter
an order expunging the record of arrest.
[Amended, effective
November 18, 1974.]
17.8 Matters Held to Grand Jury
In every instance where
a defendant is charged with a felony, if it appears at the conclusion of
the preliminary hearing that there is probable cause to believe that an
offense has been committed by the defendant, the Judge or Magistrate shall
enter an order in substantially the following form:
Finding of probable
cause. Defendant held to Grand Jury. Transfer to Presiding Judge, Criminal
Division. Defendant to appear in Room 400, 2600 South California Avenue,
Chicago, Illinois, at 9:30 a.m., on ______19___ (insert date).
[Dated December 1,
1970.]
17.9 Appeals in Felony Cases
The Presiding Judge of
the Criminal Division shall preside over the progress of appeals in all
felony cases arising from orders or judgments entered in the Criminal
Division, the Domestic Violence Division, and all Municipal Districts where the appeal is initiated any time
after the filing of the information or indictment;
Whenever a timely
notice of appeal from an order or judgment entered in the Criminal Division
is filed in open court, the trial judge shall thereafter transfer the case
to the Presiding Judge of the Criminal Division to a date and time
designated by the Presiding Judge for the hearing of "appeal check"
cases within forty-nine (49) days of the filing of the notice of appeal;
Whenever a timely
notice of appeal from an order or judgement entered in any Municipal
District or in the Domestic Violence Division is filed in open court the trial judge shall set the case for
hearing on a date and time designated by the Presiding Judge of the
Criminal Division for the hearing of "appeal check" cases within
forty-nine (49) days of the filing of the notice of appeal and shall
transfer the case to his Presiding Judge for the purpose of transferring
the action to the Presiding Judge of the Criminal Division;
Whenever a timely
notice of appeal is filed with the Clerk of the Circuit Court of Cook
County, but not in open court, the Clerk shall set the case for a hearing
on a date and time designated by the Presiding Judge for the Criminal
Division for the hearing of "appeal check" cases within
forty-nine (49) days of the filing of the notice of appeal and shall
forthwith bring the case to the Presiding Judge of the District in which
the matter was tried for transfer to the Presiding Judge of the Criminal
Division.
It is further ordered
that all pending "appeal check" cases still not docketed in the
reviewing court shall be transferred by the trial judge, in the manner as
hereinbefore provided, as these "appeal check" cases appear on
the court call of the trial judge, to the Presiding Judge of the Criminal
Division; pending "appeal check" cases transferred to the
Presiding Judge of the Criminal Division shall be set for a date and time
designated for the hearing of "appeal check" cases.
It is further ordered
that the second and fourth Friday of each calendar month at 11:00 a.m. are
the dates and time the Presiding Judge of the Criminal Division has
designated for the hearing of "appeal check" cases.
These procedures do not
apply to cases where a defendant seeks only pre-trial or post-trial review
of orders regarding bail or the other extraordinary remedy proceedings.
However, these procedures do apply to appeals from Chapter 110, Sec. 72,
Illinois Revised Statutes [735 ILCS 5/2-1401], post-conviction, and habeas
corpus proceedings initiated in the trial courts.
The purpose of these
procedures is to centralize and coordinate the progress of all appeals in
felony cases after the filing of the information or indictment.
[Amended, effective April 19, 2010.]
GENERAL ORDER NO. 18 - Proceedings in Multiple Arrests
18.1 Multiple Arrest
A. Municipal
District One
When 100 or more
persons, including juveniles, are arrested in one incident within the
territorial limits of Municipal District One of the Circuit Court of Cook
County for acts which constitute violations of the law, such action shall
be considered a "multiple arrest" upon the declaration of the
Chief Judge or the Chief Judge's designee.
B. Municipal
Districts Two through Six
When 100 or more
persons, including juveniles, are arrested in one incident within the
territorial limits of Municipal Districts Two through Six of the Circuit
Court of Cook County for acts which constitute violations of the law, such
action shall be considered a "multiple arrest" upon the
declaration of the Chief Judge or the Chief Judges's designee.
[Amended, effective
August 1, 1996.]
18.2 Court Facilities
A. Municipal
District One
Upon declaration of the
Chief Judge or the Chief Judge's designee of a multiple arrest within the
corporate limits of the City of Chicago, court facilities of Municipal
District One shall be made available at 2600 S. California Avenue, Chicago,
for the purpose of accepting the filings of complaints and for the setting
of bail.
B. Municipal
Districts Two through Six
Upon declaration of the
Chief Judge or the Chief Judge's designee of a multiple arrest within the
territorial limits of any Municipal District of the Circuit Court of Cook
County outside the corporate limits of the City of Chicago, court
facilities of the Municipal District wherein the arrest occurred shall be
made available at a place designated by the Presiding Judge of that
District for the purpose of accepting the filings of complaints and for the
setting of bail.
C. Juvenile Justice
Division
(i) Municipal District
One
When juveniles are
included in a multiple arrest within the territorial limits of the City of
Chicago, court facilities shall be made available at the Juvenile Justice
Division, 1100 S. Hamilton Avenue, Chicago, for the purpose of holding
detention hearings as provided in the Juvenile Court Act of 1987 as
amended.
(ii) Municipal
Districts Two through Six
When juveniles are
included in a multiple arrest within the territorial limits of any
Municipal District outside of the corporate limits of the City of Chicago,
court facilities of the Municipal District wherein the arrest occurred
shall be made available to the Juvenile Justice Division at a place designated
by the Presiding Judge of that Municipal District for the purpose of
holding detention hearings as provided in the Juvenile Court Act of 1987 as
amended.
[Amended, effective
August 1, 1996.]
18.3 Duties of the Presiding Judge
A. When a multiple
arrest occurs in any Municipal District, it shall be the duty of the
Presiding Judge of the District upon notification:
(i) To designate the
courtrooms to be used for accepting the filings of complaints and for the
setting of bail;
(ii) To assign judges
to adequately staff the courtrooms provided;
(iii) To designate a
place or places for the preparation or making of bail bonds and for the
taking of security deposits on bail; and
(iv) To notify the
following persons and direct them to assign sufficient deputies and
assistants to adequately staff the court facilities provided:
(a) The Clerk of the
Circuit Court of Cook County,
(b) The Sheriff of Cook
County,
(c) The State's
Attorney of Cook County,
(d) In Municipal
District One, the Corporation Counsel of the City of Chicago; In Municipal
Districts Two through Six, the appropriate Municipal prosecuting attorney,
(e) The Public Defender
of Cook County,
(f) The Chairman of the
Chicago Bar Association Volunteer Lawyers Committee,
(g) In Municipal
District One, the Supervisor of the Official Court Reporters for Municipal
District One; In Municipal Districts Two through Six, the Supervisor of the
Official Court Reporters for the District,
(h) The Chief Adult
Probation Officer of Cook County, and
(i) The Circuit Court
of Cook County Interpreter's Office.
B. When juveniles are
included in a multiple arrest in any Municipal District, it shall be the
duty of the Presiding Judge of the District, in addition to the foregoing,
upon notification:
(i) To designate the
courtrooms to be used for the holding of detention hearings as provided in
the Juvenile Court Act of 1987 as amended; and
(ii) To notify the
Presiding Judge of the Juvenile Justice Division who will assign sufficient
judges and other personnel to adequately staff the court facilities
provided.
[Amended, effective
August 1, 1996.]
18.4 Duties of Judges
A. Upon arriving at the
designated court facility, the judge shall report to the Presiding Judge of
the District or the Presiding Judge's designee and receive a court
assignment. The judge shall then proceed to the assigned courtroom and
commence hearing cases until relieved or otherwise discharged from the
assignment.
B. Each judge shall
designate a special area in the courtroom for the seating of attorneys and
shall specify an appropriate area to be used as a place for conferences
between attorneys and their clients.
C. It shall be the duty
of each judge to maintain order and decorum in and about the courtroom and
to enforce the provisions against prohibited behavior.
[Amended, effective
August 1, 1996.]
18.5. Prohibited Behavior
(See Rule 0.5 of the
Circuit Court of Cook County)
A. The solicitation of
business relating to the furnishing of security deposits for bail or the
employment of any attorneys is prohibited;
B. Loitering in or
about the rooms or corridors of the courthouses is prohibited. Unapproved
group congregating or the causing of a disturbance or nuisance in or near
any courthouse or place of holding court in multiple arrest cases is
prohibited. Picketing or parading outside of a building housing a court
hearing multiple arrest cases is prohibited when such picketing or parading
obstructs or impedes the orderly administration of justice;
C. The State's Attorney
of Cook County may require any person who violates this order to appear
forthwith before any judge of this Court to answer to a charge of contempt;
D. The Sheriff of Cook
County and his or her deputies, the Custodian of the courthouse and any
peace officer shall enforce this order either by ejecting violators from
the courthouse or by causing them to appear before one of the judges of
this Court for a hearing and for the imposition of such punishment as the
Court may deem proper.
[Amended, effective
August 1, 1996.]
18.6 Pre-Hearing Interviews
Persons designated by
the Presiding Judge of the District shall be allowed to interview the
defendants to obtain sufficient information to advise interested persons of
the defendants' arrest and detention.
[Amended, effective
August 1, 1996.]
18.7 Courtroom Observers
Persons designated by the
Presiding Judge of the District shall be admitted to all court facilities
to observe the proceedings therein.
[Amended, effective
August 1, 1996.]
18.8 Suggested Procedures for the Setting of Bail First
Appearance Hearings
In multiple arrest
cases, the following procedures should be used whenever practicable:
A. The prosecuting
attorney shall file a separate complaint, together with one copy, for each
offense with which the defendant is being charged;
B. The Court shall
inform the defendant of the charge or charges placed against him or her and
shall furnish the defendant a copy of the complaint;
C. When the hearing is
resumed, the court shall determine probable cause for further detention
pursuant to Gerstein v. Pugh, 420 U.S. 103 (1974);
D. The Court shall
advise the defendant of his or her right to counsel;
E. If the defendant is
without counsel, the Court shall appoint the Public Defender of Cook County
to defend the defendant;
F. If the defendant
requests counsel other than the Public Defender of Cook County, the Court
shall appoint a member of the Chicago Bar Association Volunteer Lawyers
Committee to represent the defendant;
G. All attorneys
appearing on behalf of a defendant shall file their written appearances
with the Court. Appointed counsel other than the Public Defender of Cook
County may file a special appearance for the sole purpose of representing
the defendant in the setting of bail;
H. The defendant shall
have a reasonable opportunity to confer with an attorney before the bail
hearing shall commence;
I. For the purpose of
setting bail, the court shall consider the facts surrounding the
defendant's arrest and the defendant's past criminal acts and conduct, if
known;
J. The defendant or the
defendant's attorney shall have ample opportunity to advise the Court of
all mitigating circumstances and other facts tending to show that the defendant
will comply with the conditions of the bail bond;
K. After a full
hearing, the Court shall set bail in pursuant to 725 ILCS 5/110-5;
L. When the defendant
is charged with an offense punishable by fine only, the amount of bail set
by the Court shall not exceed double the amount of maximum penalty;
M. The use of
recognizance bonds is encouraged in appropriate cases. The Court may impose
reasonable conditions and restrictions to assure the defendant's appearance
in Court;
N. After setting bail,
the Court shall continue the cause to a date certain returnable to the
branch of the Court to which the case would normally be returnable pursuant
to the key date of the arresting officer.
[Amended, effective
August 1, 1996.]
18.9 Posting of Bail
A. If the defendant is
to be admitted to bail on the defendant's own recognizance or if the
defendant is able to give the required security deposit on bail and the
defendant indicates that he or she will comply with the conditions set
forth in the bail bond, the defendant shall be brought without undue delay
to the nearest place for the preparation or making of bail bonds and for
the taking of security deposits on bail;
B. If the defendant is
unable to give the required bail security deposit, the defendant shall be
remanded to the custody of the Sheriff of Cook County until the defendant
gives bail as required or until the defendant's next Court appearance;
C. Persons other than
those specifically prohibited by statute from furnishing bail security
shall be granted access to a place designated for the preparation or making
of bail bonds and for the taking of security deposits on bail and shall be
permitted to deposit the required security deposit on bail on behalf of the
defendant.
[Amended, effective
August 1, 1996.]
18.10 Suggested Procedures for Juvenile Detention Hearings
In multiple arrest
cases, the following procedures should be used whenever practicable:
A. The Court shall
summon the juvenile to the bar and place the juvenile under oath;
B. The State's Attorney
of Cook County shall file a petition, together with one copy thereof,
alleging that the juvenile is delinquent, otherwise in need of supervision,
neglected or dependent;
C. The Court shall
inform the juvenile of the allegations contained in the petition and shall
furnish the juvenile a copy of the petition;
D. The Court shall
advise the juvenile of the juvenile's right to counsel;
E. If the juvenile is
without counsel, the Court shall appoint the Public Defender of Cook County
to represent the juvenile;
F. If the juvenile
requests counsel other than the Public Defender of Cook County, the Court
shall appoint a member of the Chicago Bar Association Volunteer Lawyers
Committee to represent the juvenile;
G. All attorneys appearing
on behalf of a juvenile shall file their written appearances with the
Court. Appointed counsel other than the Public Defender of Cook County may
file a detention hearing appearance for the sole purpose of representing
the juvenile in a detention hearing as provided in the Juvenile Court Act
of 1987 as amended;
H. The juvenile shall
have a reasonable opportunity to confer with an attorney before the
detention hearing shall commence. If the juvenile or the juvenile's
attorney requests additional time, the Court shall pass the case and summon
the next juvenile to the bar;
I. When the hearing is
resumed, the State's Attorney of Cook County shall advise the Court of the
facts surrounding the juvenile being taken into custody as well as any
other information concerning the juvenile relevant to the issue of
detention;
J. The juvenile or the
juvenile's attorney shall have ample opportunity to advise the Court of any
additional information concerning the juvenile relevant to the issue of
detention;
K. If the Court finds
after a full hearing that it is a matter of immediate and urgent necessity
for the protection of the juvenile or of the person or property of another
that the juvenile be detained or that the juvenile is likely to flee the
jurisdiction of the Court, the Court shall order that the juvenile be
detained at the Juvenile Temporary Detention Center, 1100 South Hamilton,
Chicago, or at any suitable place designated by the Presiding Judge of the
Juvenile Justice Division, until the juvenile's next Court appearance;
L. If the Court finds
after a full hearing that it is not a matter of immediate and urgent
necessity for the protection of the juvenile or of the person or property
of another that the juvenile be detained or that the juvenile is likely to
flee the jurisdiction of the Court, the Court shall order that the juvenile
be released to the custody of the juvenile's parent, guardian, legal
custodian or responsible relative;
M. Where no parent,
guardian, legal custodian or responsible relative appears to whose custody
the juvenile may be released, the Court may order that the juvenile be
temporarily detained at the Juvenile Temporary Detention Center, 1100 South
Hamilton, Chicago, or at any suitable place designated by the Presiding
Judge of the Juvenile Justice Division until such time as a parent,
guardian, legal custodian or responsible relative shall appear to assume
custody of the juvenile.
N. The Court shall set
the adjudicatory hearing on the petition for a date certain returnable to
an assigned calendar of the Juvenile Justice Division.
[Amended, effective
August 1, 1996.]
18.11 Telephone Facilities
Telephones shall be
made available to assigned counsel or their assistants to notify one
interested person of the arrest of the defendant, the charge or charges
upon which the defendant was arrested, the amount of bail set, the amount
of deposit required for posting bail, and where the defendant is being
held.
[Amended, effective
August 1, 1996.]
18.12 Information Concerning Persons Arrested
The arresting agency
shall make available as soon as practicable information concerning the
identity of all persons arrested in the multiple arrest. For information
concerning persons detained, call the office of the Sheriff of Cook County,
2600 South California Avenue, Chicago, at 1-773-869-JAIL.
[Amended, effective January 25, 2006.]
18.13 Information Concerning Persons Detained
The Sheriff of Cook
County shall make available as soon as practicable information concerning
the identity of all persons ordered by the Court into his custody, the
amount of bail set and the locations where they are being detained.
[Amended, effective
August 1, 1996.]
18.14 Review of Bail Set
As soon as practicable
after the incident which gave rise to the multiple arrest has ended, the
Sheriff of Cook County shall deliver to the Presiding Judge of the District
a list of all persons remaining in custody. Thereupon, the Court on its own
motion shall call each defendant remaining in custody before the bar and
shall conduct a hearing to re-examine the bail previously set.
[Amended, effective
August 1, 1996.]
GENERAL ORDER NO. 19 - Implementation of the Illinois Not-For-Profit
Dispute Resolution Center Act
19.1 The following are rules adopted
pursuant to the Illinois Not-For-Profit Dispute Resolution Center Act
(Ill.Rev.Stat.1987, ch. 37, par. 851 et seq.)
19.2 Collection and Distribution of Funds
A. The Clerk of the Circuit
Court of Cook County shall charge and collect a Dispute Resolution Fund fee
of ONE DOLLAR ($1.00) in all civil cases. Such fee shall be paid by the
party initiating the action at the time of filing the first pleading.
Notwithstanding the foregoing, such fees shall not be charged in any
proceeding commenced on behalf of a unit of local government.
B. Fees collected in a
given month shall be remitted by the Clerk of the Circuit Court to the
County Treasurer by the end of the following month.
C. The Clerk of the
Circuit Court shall establish and maintain a system of accounts verifying
all Dispute Resolution Fund fees collected and remitted.
D. Upon receipt of the
Dispute Resolution Fund fees from the Clerk of the Circuit Court each
month, the County Treasurer shall promptly disburse to the Dispute
Resolution Fund the entire amount of such fees. The County Treasurer shall
maintain a system of accounts verifying all Dispute Resolution Fund fees
received and disbursed.
E. Annual grant
disbursements will be made from the Fund to dispute resolution centers
qualifying for funding under General Orders 19.3 and 19.4, subject to the
provisions of Section 4 of the Illinois Not-For-Profit Dispute Resolution
Center Act. The full amount of each qualified center's grant shall be
allocated in one disbursement each year.
F. Each qualifying
dispute resolution center's share of the annual disbursement shall be based
on its proportion of the number of cases resolved by all qualifying centers
in the twelve (12) month period ending November 30 of the year of
application. A case shall be deemed resolved when a written agreement
setting forth the obligations of the disputants is signed by all such
disputants. In no event shall the disbursement to any dispute resolution
center in one year exceed two hundred thousand dollars ($200,000.00).
G. Monies from the
Dispute Resolution Fund shall be disbursed to qualified resolution centers
to the fullest extent allowable by law. If any amount remains in the Fund
after the annual disbursement, it shall be paid to the County Treasurer for
the administration of justice in the Circuit Court of Cook County.
[Dated March 9,
1989.]
19.3 Criteria for Dispute Resolution Centers Seeking to
Qualify for Funding
In order to qualify for
funding, a dispute resolution center must demonstrate that it has satisfied
the following criteria:
A. Number of Cases
Previously Resolved. It has resolved at least one hundred (100) disputes in each of the
previous three twelve (12) month periods ending November 30 of each year. A
case shall be deemed resolved when a written agreement setting forth the
obligations of the disputants is signed by all such disputants. Such cases
may have been referred from the courts or from other sources.
B. Training of
Mediators. All
of its mediators have satisfactorily completed thirty (30) or more hours of
training in conflict resolution techniques as offered by the dispute
resolution center or an entity recognized by them.
C. Peer Review. It has established or
participated in a peer review program in which mediators must be regularly
evaluated during actual mediations.
D. Mediation
Scheduling. It
schedules all mediations to take place within thirty (30) days of referral
to the center except for good cause.
E. Explanation of
Mediation to Disputants. Both its staff and a mediator advise disputants prior to mediation
of the objectives of mediation, the function of the mediator and the role
of the disputants in the mediation process.
F. Record keeping. It maintains records which,
subject to the confidentiality provision in Section 6 of the Illinois
Not-For-Profit Dispute Resolution Center Act, shall be available for
inspection by the Office of the Chief Judge. Such records shall include
audited financial statements and case information (including statistics on
referral sources, dispute types and outcomes of mediation). Such records
shall be maintained for a period of seven (7) years from the date that the
records are submitted to the Chief Judge.
[Dated March 9,
1989.]
19.4 Procedure for Dispute Resolution Centers to Apply for
Funding
A. To apply for
funding, a dispute resolution center must submit an application to the
Chief Judge by December 31 of the calendar year for which funds are sought.
B. An application by a
dispute resolution center for funding shall consist of the following:
(i) A statement
certifying that the center qualifies for funding in accordance with the
criteria set forth in General Order 19.3, including a statement that the
center does not pay its mediators and will not charge disputants for
services;
(ii) A copy of the
bylaws of the center;
(iii) A letter from the
Internal Revenue Service indicating the 501(c)(3) tax exempt status of the
center;
(iv) A list of the
members of the center's Board of Directors and their professional
affiliations;
(v) A list of active
mediators, including the dates of their training and their occupations;
(vi) Copies of the
center's audits from the three (3) previous fiscal years;
(vii) A description of the
center's mediator training program;
(viii) A copy of the
center's mediator quality control mechanisms, including a copy of its peer
review policy;
(ix) a prospective
budget for the year for which funds are sought;
(x) A description of
the center's operations, including the types of cases expected to be heard
and sources of case referral;
(xi) A statement of
intent that funding will be used for the purpose of providing dispute
resolution services.
C. The Office of the
Chief Judge shall review all applications to determine which dispute
resolution centers qualify for funding according to the criteria set forth
in General Orders 19.3 and 19.4 B. The amount disbursed to each qualifying
center shall be determined by the formula established in General Order 19.2
F.
D. Applicants shall be
notified of the decision of the Chief Judge by March 1 of the year for
which funding is sought and receive funds within thirty (30) days of such
notification.
[Dated March 9, 1989.]
19.5 Referral of Cases to Mediation by Judges of the Circuit
Court of Cook County
Cases may be referred
to qualified alternative dispute resolution centers, subject to agreement
from the center, from such courts as the Chief Judge or the Presiding
Judges of the various divisions and districts designate. Participation in
mediation is at the discretion of the disputants.
[Dated March 9,
1989.]
GENERAL ORDER NO. 20 - Implementation of Section 5-7 of the
Juvenile Court Act
A. Effective
immediately, the administration of provisions contained in the Juvenile
Court Act governing the detention of minors shall transfer from the
Director of Pretrial Services to the Director of Probation and Court
Services, or his designee who is then authorized to grant to the
Superintendent of the Cook County Juvenile Temporary Detention Center the
authority to detain and keep a minor pending a judicial detention hearing
pursuant to Section 5-7 of the Juvenile Court Act (705 ILCS 405/5-7). No
minor may be admitted to the detention center without the written
authorization of a designated detention screening officer.
B. To avoid unnecessary
delay, whenever a police officer reasonably believes that there is urgent
and immediate necessity to keep a minor in custody or if the minor was
taken into custody under a warrant, the police officer should immediately
contact by telephone the designated detention screening officer and
transmit by facsimile device a copy of the arrest report, youth officer's
report, juvenile arrest information summary and any other documents
pertinent to the juvenile to the detention screening officer located in the
Intake Department of the Detention Center. Based upon the information
received from the police officer and all other information available, the
detention screening officer will apply a risk assessment instrument
approved by the Director of Probation and Court Services to assist in
determining whether there is urgent and immediate necessity to detain the
minor pending a judicial detention hearing or whether non-secure custodial alternatives
are appropriate for up to 36 hours pending a judicial detention hearing.
If the detention
screening officer determines there is urgent and immediate necessity to
detain the minor for up to 36 hours in secure detention pending a judicial
hearing, the detention screening officer will transmit to the police
officer via facsimile device written authorization to detain and keep the
minor in the Cook County Juvenile Temporary Detention Center. Upon receipt
of this authorization, the police officer shall deliver the minor to the
Juvenile Temporary Detention Center.
If the detention
screening officer determines that the minor shall be retained in custody
but does not require physical restriction, the minor may be placed in
non-secure detention for up to 36 hours pending a detention hearing. A
minor placed in non-secure detention may be detained in the home of the
minor's parent and shall be subject to the conditions identified by the
detention screening officer.
If the detention
screening officer determines that there is no urgent and immediate
necessity to detain the minor, the officer will inform the police officer
of this determination. The police officer may then take any action
authorized by Section 5-8 of the Juvenile Court Act except delivery of the minor
to the Juvenile Temporary Detention Center. If the police officer
determines that a referral to Court is necessary, then the police officer
shall schedule a Preliminary Conference with Probation Department Screening
Department within two (2) weeks.
If the detention
screening officer determines that a minor detained in the Juvenile
Temporary Detention for the 36-hour period would have qualified for
non-secure custody during the initial detention screening but for the
absence of a parent, responsible adult or suitable detention alternative
program, and a parent, responsible adult or suitable detention alternative
program is located, the detention screening officer shall submit written
authorization to the Superintendent of the Detention Center causing the
minor to be released under conditions of home confinement pending a
judicial detention hearing.
[Amended, effective
September 28, 1994.]
GENERAL ORDER NO. 21- Electoral Boards
The following procedures shall govern the nomination by the Chief Judge of a public member of an electoral board pursuant to Section 10-9 of the Election Code (10 ILCS 5/10-9).
A. The member of the electoral board, the officer of board with whom the petitions are filed, or a party to a case before the board shall notify the Chief Judge of the need to appoint a public member. The notification shall be in writing, be signed and may be in the form of a letter. The notification may be signed by an attorney representing the electoral board, the party, or representing the officer with whom the petitions are filed. The written notification may be sent by facsimile transmission to the Chief Judge at 312-603-5366 with a courtesy copy to the Presiding Judge of the County Division at 312-603-4351 and the original must be immediately hand-delivered or mailed to the Chief Judge. All public members, by virtue of their appointment, shall be considered officers of the court.
B. The written notification shall include:
1. The name and address of the objector(s), and the objector's attorney, if known;
2. The name and address of the respondent candidate(s) or respondent referendum proponents, and of the respondent’s attorney, if known;
3. The substance of the referendum or title of the office sought by the candidate, the applicable governmental district and the date of the election;
4. A copy of the ballot of certification which was or soon will be filed with the Cook County Clerk;
5. The names and titles of the three persons (or more in case of a seniority tie) who would normally constitute the electoral board if there were no statutory disqualifications necessitating the appointment of a public member;
5A. When one member of the normally constituted electoral board has a disqualification on any grounds, the next senior member of the city council or board of trustees shall serve. If the next senior member is disqualified the vacancy shall be filled by a public member pursuant to this order.
5B. Members of an electoral board must be disqualified on due process grounds if they have a personal or direct pecuniary interest in the outcome of a case or if one of the members would properly be called as a necessary witness in a case and therefore required to judge his or her own testimony. However electoral board members do not have a disqualifying interest because they may be political allies or opponents of a party in a case or merely because they are familiar with the facts of the case. Neither may a statutory member cause a vacancy to be filled by this General Order by a personal preference or convenience of that statutory member not to sit or merely because a party has requested such disqualification .
5C. In the case of a request for the appointment of a public member for any reason other than a statutory disqualification, the applicant must fully detail the grounds of the alleged disqualifying interest in the member(s) sought to be replaced and must show that the electoral board proceedings will contain an unacceptable risk of bias.
6. If the public members are requested to hear more than one objector's petition, the number of separate objections to be considered by each respective electoral board;
7. The date and time scheduled in the Call for the first electoral board meeting and the place thereof, if known;
8. The name, address, telephone and fax number of a contact person to receive the appointment by the Chief Judge.
C. The Presiding Judge of the County Division shall maintain a written list of persons willing to serve as public members of electoral boards. This list may be changed or updated as needed. The Presiding Judge shall include only those persons known to be knowledgeable in election law.
D. The Chief Judge shall immediately transmit the written notification to the Presiding Judge of the County Division. The Presiding Judge shall contact persons on the list to determine their availability to serve on a particular electoral board. The Presiding Judge shall transmit the name of the first person contacted who is available to serve on the particular board to the Chief Judge.
E. The Chief Judge shall notify the person requesting the election of a public member and send a copy of the written order of appointment to that person. The order shall be entered on the records of the court and published.
F. The governmental body for which the electoral board serves (i.e., the Board of Education, city, village, township) shall pay an hourly fee of TWO HUNDRED DOLLARS ($200.00) for each hour the public member attends any electoral board meeting(s) and/or expends time preparing written decisions or dissents. Actual mileage expenses shall be reimbursed to the public member for travel to and from said meeting(s) at the rate currently set by the State Travel Control Board. As of November 18, 2004, the rate is $0.375/mile. The public member shall submit an invoice to the governmental body and the governmental body shall pay the invoice within thirty (30) days from the date of its receipt.
G. The meeting shall be held at a public building within the political subdivision and the Chief Judge shall designate the public building as a courthouse. With proper notification to and agreement of the parties and additional posted notice to the general public, the meeting may be adjourned to another convenient location, without further order of court.
H. In the absence of proposed local rules for the conduct of electoral board proceedings, the public members shall present a proposed set of rules for the electoral board and a final set of rules shall be adopted at the first meeting.
I. All persons appointed as public members shall sign an oath acknowledging that they have no interest in the proceedings in which they are appointed to serve. Public members shall be governed by Supreme Court Rule 63 C(1) of the Code of Judicial Conduct to the extent applicable.
[Amended, effective February 1, 2005.]
GENERAL ORDER NO. 22 - Assignment or Reassignment of Related
Cases
22.1 In order to conserve judicial
resources and promote efficiency in the administration of the Circuit
Court, upon motion of any party or upon the court's own motion, the Circuit
Court may assign or reassign related cases to a single judge wherever it
serves the convenience of interested parties and the court.
22.2 For the purposes of this order,
cases shall be deemed related and may be assigned or reassigned if the
court determines that the management of the related cases by the same judge
is likely to result in a substantial saving of judicial time and effort and
does not result in prejudice to any party and the cases have at least one
of the following characteristics:
(a) the cases have at
least one party in common;
(b) the cases involve
the same property;
(c) the cases involve
the same issues of fact or law;
(d) the cases involve
the same transaction or occurance; or
(e) in class actions,
the cases involve one or more of the same classes.
22.3 A. The
assignment judge of the Law Division, County Department, hears motions for
assignment or reassignment of related cases pending in:
(a) different
departments of the Circuit Court;
(b) different divisions
of the County Department; and
(c) the Law Division
B. The presiding judge of
Municipal District 1 of the Municipal Department hears motions for assignment
or reassignment of related cases pending in different districts of the
Municipal Department or within Municipal District 1.
C. The presiding judges of
Municipal Districts 2, 3, 4, 5 and 6, respectively, hear motions for
assignment or reassignment of related cases but only when all cases alleged
to be related are municipal cases pending in the same municipal district in
which the presiding judge serves.
22.4 For record keeping
purposes, cases transferred to a different division or district pursuant to
this order shall proceed under the record keeping system of the division or
district to which the cases are transferred. Notwithstanding the forgoing,
a case that is transferred to a different division or district shall retain
its original case number as filed.
[Dated March 16, 1999.]
GENERAL ORDER NO. 23 - Emergency Orders of Protection
A. The advanced computer application system (the "Order of Protection System") implemented January 12, 2000 in Branches 60, 61, 62 and 63 of the Domestic Violence Section of the First Municipal District is hereby implemented in the Domestic Violence Division. The Order
of Protection System will expedite the preparation, printing, processing,
transmission and service of complaints for domestic violence offenses,
petitions for emergency orders of protection, warrants, summonses and
emergency orders of protection as authorized pursuant to the Illinois
Domestic Violence Act of 1986, as amended (750 ILCS 60/101 et seq.), the
Code of Criminal Procedure of 1963, as amended (725 ILCS 100-1 et seq.) and
Supreme Court Rule 101(a). This System will generate paper records of such
documents suitable for filing, docketing and storage by the Office of the
Clerk of the Circuit Court of Cook County (the "Clerk's Office")
in the traditional manner, which records shall be fully accessible to all
interested parties, attorneys and the general public.
B. Upon information provided and
verified by a petitioner, the Order of Protection System will generate and
print a petition for an emergency order of protection. A facsimile of the
original petition signed by the petitioner will be presented to a judge
assigned to hear such petitions. In the event a petition is granted based
upon the specific facts set forth therein, the Order of Protection System
will generate and print duplicate original emergency orders of protection
each containing the granting judge's facsimile signature. Such signatures
will be affixed thereto by the Order of Protection System only after the
judge has entered a secure, personalized and unique judicial code
maintained on said System.
C. Both of the duplicate original
orders of protection will further contain a facsimile "entered"
stamp of the Clerk's Office, also affixed thereto by the Order of
Protection System only after the deputy clerk attending the judge granting
an emergency protective order has similarly entered a secure, personalized
and unique code maintained on said System. Said deputy clerk shall
additionally cause the affixing of a facsimile "certification"
seal of the Clerk's Office to one of the duplicate original orders of
protection by use of that clerk's personal code as maintained on the Order
of Protection System.
D. The duplicate original order of
protection containing the facsimile judge's signature, and the facsimile
"entered" stamp and "certification" seal of the Clerk's
Office shall be immediately transmitted electronically through the Order of
Protection System to and be printed at the Office of the Cook County
Sheriff. This document shall be deemed a duplicate original consistent with
the applicable provisions of the Illinois Domestic Violence Act of 1986, as
amended and shall constitute compliance by the Clerk's Office with Section
222(b) of said Act (750 ILCS 60/222(b)). The Office of the Cook County
Sheriff shall make a copy of said document, promptly serve the printed
original upon the respondent as provided under Section 222(c) thereof (750
ILCS 60/222(c)), and make a timely return of the indorsed, duplicate copy
of same thereunder in accordance with Supreme Court Rule 102(d).
E. All documents generated and
printed by the Order of Protection System particularly those issued in connection
with petitions for and the granting of emergency orders of protection,
shall be maintained by the Clerk's Office in a manner consistent with its
statutory obligations and responsibilities regarding the Court's official
paper and facsimile documents, as most recently summarized in the Opinion
of the Illinois Attorney General No. 99-018.
[Amended, effective April 19, 2010.]
GENERAL ORDER NO. 24 - Office of the Official Court Reporter
In order to facilitate
the centralized management of court reporting services, the following
procedures shall govern the ordering of transcripts from the Office of the
Official Court Reporter. All orders for transcripts shall be made in
writing and submitted to the court reporter who will acknowledge the
receipt of the order. Once the transcript is prepared, the court reporter
shall prepare an invoice in triplicate. This invoice shall contain the following
information: date of invoice; date of order; name, address and phone number
of court reporter; case name; case number; date of hearing; number of
pages; price per page; amount due; amount of deposit (if any) and name,
address and phone number of the party ordering the transcript. The
transcript vouchers provided by the Administrative Office shall continue to
be used for transcripts to be paid for by the State.
One copy of the invoice
will be retained by the Administrator of the Office of the Official Court
Reporter. Questions regarding invoices may be directed to the
Administrator.
Remuneration for court
reporting services shall be limited to the schedule of fees set by the
Illinois Supreme Court as contained in the Uniform Schedule of Charges for
Official Court Reporters' Transcripts. Pursuant to this Schedule, all
charges for transcripts will be computed on a per page basis. The charges
for regular copy delivery are $1.80 per page for the original and $.50 per
page for a copy. For expedited copies (daily copy delivery), the charges
are $2.10 per page for the original and $.75 per page for a copy.
A copy of this General
Order shall be posted at every branch of the Office of the Official Court
Reporter of the Circuit Court of Cook County in a location that is
accessible to the general public.
[Dated December 7,
2000.]
GENERAL ORDER NO. 25 - Collection of Fines, Fees and Costs
Effective immediately, the Clerk of the Circuit Court of Cook County shall accept partial payments from defendants of the fines, fees, costs, reimbursements and other monetary penalties ordered by the court in matters involving criminal and non-traffic quasi-criminal offenses. Effective January 1, 2005, the Clerk of the Circuit Court of Cook County shall also accept partial payments from defendants of the fines, fees, costs, reimbursements and other monetary penalties ordered by the court in all matters involving traffic offenses. The Clerk of the Circuit Court of Cook County shall continue to accept full payment from defendants in all matters involving criminal, quasi-criminal, traffic and non-traffic quasi-criminal offenses.
The Clerk of the Circuit Court of Cook County shall accept partial payments of fines, fees, costs, reimbursements and other monetary penalties without being specifically so directed by the court.
Effective immediately, whenever in a felony, traffic, misdemeanor, municipal ordinance, or conservation case, after a finding of guilty, whether by stipulation to the facts, plea of guilty or conviction after trial, and after entry of judgment on the finding the defendant is granted court supervision or probation or is assessed a fine, there shall be assessed against the defendant two additional fees of $15.00 each, designated as a Court Automation Fee and a Document Storage Fee. These fees are over and above any other amount assessed by the Court as a fine, cost or fee in its judgment order and shall be added on and collected by the Clerk of the Circuit Court.
[Amended, effective April 6, 2006.]
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