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TABLE OF CONTENTS
PART 10. SPECIAL PROCEEDINGS
10.1 Proceedings Under
the Land Registration Act
(a) Form of orders
(b) Printed forms
10.2 Proceedings Under
the Workmen's Compensation Act
(a) Applications for judgment under Sec. 19
(b) Presentation of application
10.3 Tax Deed Proceedings
in County Division
(a) Petitions for Tax Deed
(b) Applications for Order Directing the Issuance of Tax Deed
(c) Hearing on the Petition
(d) Order for a Tax Deed
(e) Notice of Date Fixed for Application
10.3.1 Motion to
Expunge Redemption
(a) Notice
10.4 Proceedings under
Administrative Review Act
10.5 Proceedings under
the Forcible Entry and Detainer Act
(a) Summons
(b) Form of Summons
10.6 Small Claims Proceedings
for Real Estate Tax Objections
10.7 Proceedings under
the Adoption Act
10.7 (II) Guardian ad
Litem
10.8 Tax Objection
Proceedings in the County Division
I. General Provisions
II. Valuation Objections
III. Rate Objections
PART 10. SPECIAL PROCEEDINGS
10.1
Proceedings Under the Land Registration Act
(a) Forms of Orders - Orders in land registration
proceedings shall be approved as to form by either the Registrar
of Titles or the Examiner of Titles, unless approval is excused
by the court.
(b) Printed Forms - The printed forms prepared
and prescribed by the Registrar of Titles shall be used by attorneys
in land registration proceedings where practicable.
[Amended October 31, 1977, effective November 1,
1977.]
10.2
Proceedings Under the Workmen's Compensation Act
(a) Applications for judgment under Sec. 19
- Applications for judgment under Section 19(g) of the Workmen's
Compensation Act or of the Workmen's Occupational Diseases Act
[820 ILCS 305/19(g)] shall be made by filing a verified complaint
with the clerk of the court, setting forth:
(i) the award of the arbitrator or the decision
of the Industrial Commission;
(ii) the payments, if any, that have been made under
the award or decision;
(iii) that no petition is pending for review by
the Industrial Commission of the award, or that no proceedings
are pending for review by any court of the decision of the Industrial
Commission; and
(iv) that, if attorney's fees are sought, the applicant
has demanded payment by the employer and that payment has been
refused.
(b) Presentation of application - Upon application
in open court for judgment under Section 19(g) of the Workmen's
Compensation Act or of the Workmen's Occupational Diseases Act
[820 ILCS 305/19(g)], there shall be presented to the court:
(i) the original complaint described in Section
(a) of this rule;
(ii) a certified copy of the award or decision;
(iii) a certified copy of notice filed with the
Industrial Commission of the application for judgment; and,
(iv) if the application is based upon a decision
of the Industrial Commission, a certificate of the Industrial
Commission or its secretary showing that no writ of certiorari
or notice of any proceeding for review of the decision has been
served upon or received by the Commission or its secretary.
[Adopted May 17, 1976, effective July 1, 1976.]
10.3
Tax Deed Proceedings in County Division
(a) Petitions for Tax Deed. Petitions for
Tax Deed shall be filed in the name of the tax purchaser or if
the certificate has been assigned in the name of assignee and
shall describe the premises sold by permanent real estate index
number and legal description. A copy of the certificate of purchase,
together with all assignments thereof, shall be attached to the
petition.
(b) Applications for Order Directing the Issuance
of Tax Deed. A petition for a tax deed shall not be heard
or assigned for hearing until an application for order directing
the issuance of a tax deed has been filed with the Clerk of the
County Division. An application shall have the following exhibits
attached:
1. A receipted copy of the notice furnished to the
County Clerk for mailing pursuant to Section 22-5 of the Property
Tax Code.
2. A certificate of publication showing publication
of notice when required by Sections 22-15 and 22-20 of the Property
Tax Code.
3. Petitioner's evidence of search of public records
whether by exhibit or affidavit.
4. If the premises sold are registered under the
Torrens Act, a copy of the certificate of title certified not
more than three months prior to expiration of the period of redemption,
together with proof of compliance with Section 82 of the Torrens
Act.
5. Copy of the notice lodged with the Sheriff.
6. An affidavit or affidavits of the petitioner
or agent showing any information relevant to establishing that
the notices required by the Property Tax Code and Torrens Act
have been given and that petitioner has fully complied with all
provisions of law authorizing the issuance of a tax deed.
(c) Hearing on the Petition. Prior to the
hearing, the Court file should contain the certificate of the
Clerk as to the mailing of notices required by Section 22-25 of
the Property Tax Code, the original sheriff's returns filed with
the Clerk, together with the signature cards returned from certified
mailings and the returned envelopes from undelivered mailings.
At the hearing or prior to the entry of any order directing the
County Clerk to issue a tax deed, petitioner shall exhibit to
the Court the original certificate of purchase and all original
receipts evidencing payment in full of all general taxes and special
assessments which became due and payable subsequent to the tax
sale and redemption from all subsequent forfeitures and tax sales.
Testimony taken at the hearing shall be transcribed and filed
not later than the time of the entry of the order directing the
issuance of a tax deed.
(d) Required Statutory Notice. The notice required under 22-10 of the Property Tax Code should follow the statutory form and also designate the courthouse, the courthouse address, the room number, the date and the time of hearing (e.g., this matter is set for hearing in the Circuit Court of Cook County in Room 1704, Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602 on __________ at 9:30 a.m.).
[Amended, effective May 2, 2005.]
(e) Order for a Tax Deed. Any order for a
tax deed shall describe the property to be conveyed by permanent
real estate index number and legal description. The order for
deed shall have affixed thereto the certificate of the County
Clerk dated subsequent to the period of redemption showing that
no deposit for redemption of the tax sale has been made.
(f) Notice of Date Fixed for Application. At
the time of filing a Petition for tax deed, petitioner shall give
notice to the Clerk of the Circuit Court of Cook County as to
the date when petitioner shall appear before the Assignment Judge
to make application that a tax deed issue and request assignment
for hearing and disposition.
The Clerk shall enter the case number on the call
of the Assignment Judge for the date given. All cases shall be
called and assigned on said date, provided petitioner has filed
its application and unless a continuance is requested by petitioner
for good cause. If petitioner fails to appear on any court date,
the case may be dismissed for want of prosecution by order of
the Court. The Clerk of the Court shall notify petitioner or its
attorney of said dismissal order by mail within seven (7) days
from the date of its entry.
[Amended, effective September 16, 1996.]
10.3.1
Motion to Expunge Redemption
(a) Notice. The Movant shall send Notice of Motion, with the
Motion attached to the following:
(i) For motions filed prior to the filing of Petition
for Tax Deed:
(1) County Clerk;
(2) Party making redemption; and
(3) Part entitled to Section 241 (a) Notice [35 ILCS 200/22-5].
(ii) For motions filed after the filing of Petition
for Tax Deed:
(1) County Clerk;
(2) Party making redemption;
(3) Party entitled to Section 241 (a) Notice [35 ILCS 200/22-5];
and
(4) Party(ies) entitled to Section 263 and/or Section 266 Notice.
[Adopted November 23, 1992, effective December 1,
1992.]
10.4
Proceedings under Administrative Review Act
On motion and without notice to the opposite party,
the court may, by written order, (1) authorize any party to an
administrative proceeding to withdraw the record of proceedings
had before the administrative agency from the court file; and
(2) direct the party to return the record to the file not later
than ten days before the date the cause is set for hearing.
[Adopted May 17, 1976, effective July 1, 1976.]
10.5
Proceedings under the Forcible Entry and Detainer Act
(a) Summons- In actions filed in the Municipal
Department for relief under the Forcible Entry and Detainer Act,
the summons shall:
(1) be issued under the seal of the court;
(2) be tested in the name of the clerk, and signed with his name;
(3) be dated on the date it is issued and be directed to the defendant;
(4) bear the address and telephone number of the plaintiff or
his attorney;
(5) specify the date and place the defendant is to file his appearance
and appear for trial which shall not be less than 14 days or more
than 40 days after the issuance of the summons; and
(6) specify that the summons shall not be serve later than 7 days
before the trial date.
(b) Form of Summons- The summons shall be in substantially
the following form:
(1) District One of the Municipal Department-Summons
Form:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT FIRST DISTRICT
|
) |
No. |
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) |
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) |
Action for: |
| Plaintiff |
) |
|
|
) |
Possession________________ |
| v. |
) |
Rent Amount Claimed
$________________ |
|
) |
|
|
) |
Trial Date________________ |
| Defendant |
) |
|
|
) |
Trial Time________________ |
SUMMONS FOR TRIAL
You are hereby summoned and required
to appear in person on *________________________________, at _________________________________,
in Courtroom __________________________________of the Richard J.
Daley Center for TRIAL of this case.
You are further required to file your
written appearance by yourself or your attorney at the same time
and place.
If you fail to appear for TRIAL, a
Judgment by default may be taken against you for the relief asked
in the complaint, a copy of which is hereto attached. After the
Judgment is entered, the Sheriff may evict you.
This summons may not be served later
than seven (7) days before the trial date.
| |
WITNESS__________________________,
19____ |
| |
__________________________________________ |
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CLERK
OF THE COURT(s) |
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DATE
OF SERVICE________________, 19____ |
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(To be
inserted by officer on copy left with defendent or other person) |
| |
|
| NAME:________________________________ |
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| ATTORNEY
FOR:_______________________ |
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| ADDRESS_____________________________ |
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| CITY:_________________________________ |
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| TELEPHONE:__________________________ |
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NOTICE TO PLAINTIFF
*Not less than 14 days nor more than 40 days after
the issuance of summons.
____________________,CLERK OF THE CIRCUIT COURT OF COOK COUNTY
(2) Districts Two to Six of the Municipal Department - Summons
Form:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT__________ DISTRICT
|
) |
No. |
|
) |
|
|
) |
Action for: |
| Plaintiff |
) |
|
|
) |
Possession________________ |
| v. |
) |
Rent Amount Claimed
$________________ |
|
) |
|
|
) |
Trial Date________________ |
| Defendant |
) |
|
|
) |
Trial Time________________ |
SUMMONS FOR TRIAL
You are hereby summoned and required
to appear in person on *________________________________, at _______________________________
in Courtroom __________________________________of the ___________________________
for TRIAL of this case.
You are further required to file your
written appearance by yourself or your attorney at the same time
and place.
If you fail to appear for TRIAL, a
Judgment by default may be taken against you for the relief asked
in the complaint, a copy of which is hereto attached. After the
Judgment is entered, the Sheriff may evict you.
This summons may not be served later
than seven (7) days before the trial date.
| |
WITNESS__________________________,
19____ |
| |
__________________________________________ |
| |
CLERK
OF THE COURT(s) |
| |
DATE
OF SERVICE________________, 19____ |
| |
(To be
inserted by officer on copy left with defendent or other person) |
| |
|
| NAME:________________________________ |
|
| ATTORNEY
FOR:_______________________ |
|
| ADDRESS_____________________________ |
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| CITY:_________________________________ |
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| TELEPHONE:__________________________ |
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NOTICE TO PLAINTIFF
*Not less than 14 days nor more than 40 days after
the issuance of summons.
____________________,CLERK OF THE CIRCUIT COURT OF COOK COUNTY
[Adopted May 18, 1979, effective June 1, 1979.]
10.6
Small Claims Proceedings for Real Estate Tax Objections
In order to facilitate the dispositions of Specific
Objections, the following small claims procedures are established:
| A. |
Small
Claim Defined
The tax refund sought does not exceed $30,000 ($50,000 if
the objector submits an
MAI appraisal as evidence).
|
| B. |
Maximum
Refund
The amount of refund is strictly limited to the amount stated
in Section A.
|
| C. |
Election
Irrevocable
The election to proceed as a small claim is irrevocable and
must be initiated at the
Case Management Call. Compliance with Section 2-50 of Circuit
Court Rule 10.8 is a
prerequisite to the election to proceed as a small claim.
|
| D. |
Procedures:
1. Motion to Proceed:
-
The Motion to Proceed as a small claim must be submitted
in writing at the Case Management Call.
-
A Section 2-50 cover sheet and a Pre-trial Memorandum
for each tax year concerned shall accompany each
Motion to Proceed. See appendix to this Rule for
Court Approved Forms A and B.
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2. Assignment of Trial Judge:
Trial Judge will be assigned to the small claim case at the
Case Management Call.
3. Scheduling of Pre-trial Settlement:
The parties to the small claim must obtain a pretrial conference
date from the trial judge's clerk within 14 days of the Case
Management Call. Failure to schedule a pre-trial conference
date within the specified time shall be cause for dismissal
of the case for want of prosecution.
4. Pre-trial Settlement Conference:
The Court shall conduct a pretrial settlement conference with
the parties within 84 days (12 weeks) of the Case Management
Call. If the parties fail to settle the case, the trial judge
shall enter an order setting the last date to disclose opinion
witnesses (see section 6), setting the last date to complete
discovery (see section 7), and setting the trial date (see
section 7).
5. Discovery Only Pursuant to Court Order:
Except for the disclosure of opinion witnesses, discovery
in proceedings pursuant to this rule shall proceed only by
court order or by agreement of the parties.
6. Opinion Witnesses:
-
Disclosure of Opinion Witnesses:
Both Parties must disclose the identity of their
opinion witnesses, their conclusions, opinions,
qualifications and reports within 147 days (21 weeks)
of the Case Management Call. Failure to disclose
by that date shall act as a bar in the case of the
testimony of the witnesses and submission of any
of their reports.
-
Duty to Supplement Opinion Disclosures:
A party has a duty to seasonably supplement or amend
any prior disclosed information whenever new or
additional information subsequently becomes known
to that party.
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7. Failure to Settle Case:
-
Trial Date:
The parties must complete all discovery within 210
days (30 weeks) of the
Case Management Call. The trial date set by the
court shall not be sooner than 273 days (39 weeks)
after the Case Management Call.
-
Final Pre-Trial Order:
Both Parties must cooperate in preparing a final
pre-trial order to be delivered to the trial judge
7 days in advance of trial. See Appendix to this
Rule for Court Approved Form C.
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APPENDIX TO RULE 10.6
A. Section 2-50 Cover Sheet Form:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT - COUNTY DIVISION
|
Objector
PIN
Address
|
)
)
)
)
)
)
)
)
|
_________
Small Claim
_________ Regular Call
94
Obj. No.
Merged with cases:
95 Obj. No.
96 Obj. No.
|
SECTION 2-50 COVER SHEET
Assessor's Assessment Level _________ Equalization Factor
________
Tax Rate _________
|
|
Assessed
Value
|
Market
Value
|
Taxes
|
| Assessor |
_____________ |
___________ |
____________ |
| Plaintiff |
_____________ |
___________ |
____________ |
| Plaintiff
Appraiser _____________________________ $ _______________________
Defendant
Appraiser ___________________________ $ _______________________
Requested Refund: ________________________
|
Basis for
relief:
| Other
Cases: |
| Case
Number |
| ___________ |
| ___________ |
Submitting
Attorney
Phone Number
Cover
sheet to be filled out by Plaintiff
and Submitted with 2-50 Package for each tax year
B. Small
Claims Pretrial Memorandum Form
(CAPTION)
SMALL
CLAIMS PRETRIAL MEMORANDUM
|
Vol.
|
Permanent
Index No.
|
Assessed
Value |
Level
of Assessment |
Class |
FMV |
|
___
|
________________
|
____________
|
______________
|
_______
|
_____
|
|
___
|
________________
|
____________
|
______________
|
_______
|
_____
|
|
___
|
________________
|
____________
|
______________
|
_______
|
_____
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|
___
|
________________
|
____________
|
______________
|
_______
|
_____
|
Township:____________
|
Town
Code:___________
|
Property
Address:______________________
|
| Tax
Rate:$____________ |
Equalitzation
Factor:__________________________________________ |
TYPE OF PROPERTY
| Commercial/Industrial: |
Multi-Tenant/Rental: |
|
Sq.
Ft. Land_______________
Sq. Ft. Improvement_________ |
No.
of Units_______
Total Rooms_______ |
Sq.
Ft. Land_______________
Sq. Ft. Improvement_________ |
EVIDENCE
Appraisal:
Date________ |
Appraiser_____________________ |
Final
Value $____________ |
| Cost
Income Approach to Value |
$____________ |
| Income
Approach to Value |
$____________ |
| Market
Approach to Value |
$____________ |
Sale:
Date of Sale________________________ |
Amount of Sale
$_______________________ |
Income/Expense
Documents:
Federal
Tax Return/Statements _________________________ Years
________ - ______
|
| Gross
Income: |
Most
Recent Year _____ |
$________________ |
|
Intermediate
Year _____ |
$________________ |
|
Most
Remote Year _____ |
$________________
|
| Expenses: |
Most
Recent Year _____ |
$________________
|
| Net
Income: |
Most
Recent Year _____ |
$________________
(Before RET/Interest/Dep) |
| Proposed
Cap Rate________ |
Tax
Load Factor________ |
Total_______% |
ADDITIONAL COMMENTS:
TAXPAYER REQUEST:____________________________
| |
Respectfully
Submitted, |
| |
____________________________________ |
| |
Attorney(s)
for Objector(s) |
| |
|
C. Small
Claims Final Pre-Trial Order
(CAPTION)
SMALL CLAIMS FINAL PRE-TRIAL ORDER
This
cause coming on for a final pre-trial conference, and the parties
being represented by their respective counsel,
THE COURT
HEREBY ENTERS THE FOLLOWING FINDINGS AND ORDER:
- The parties have entered into a stipulation of uncontested
facts and uncontested matter of law, as follows:
[The parties are directed to narrow the factual and legal
issues for trial by stipulation insofar as possible. Each of
the following items, which will normally be uncontested or will
have been resolved by the trial management order, must be stipulated
unless a specific dispute as to that item has arisen:
Volume: _______________
Township: ____________________
P.I.N.(s):____________________________________________________________
Location: ____________________________________________________________
Description:
(1) Land:____________________________________________________________
(2) Improvement(s):___________________________________________________
___________________________________________________________________
(3) Use (for subject tax year): __________________________________________
___________________________________________________________________
Current Assessment and Taxes:
(1) Classification:________________________________________________________
(2) Total AV:____________________________________________________________
(3) Indicated FMV:_______________________________________________________
(4) Tax Rate:__________________
Equalizer: ____________________
(5) Total Annual Taxes: __________________________________________________
- Plaintiff's claim is based on the following total fair market
value, total assessed value, and total annual taxes for the
subject property, and plaintiff seeks the following total tax
refund:
(1) FMV:_______________________________________________________________
(2) Total AV:____________________________________________________________
(3) Total Annual Taxes:___________________________________________________
(4) Refund Claimed: _____________________________________________________
- The contested issues of law and fact in this case are as follows:
[The parties are directed to make an agreed statement of
contested issues insofar as possible in whole or in part. To
the extent that agreement cannot be reached a separate statement
by each party shall be included.]
- The exhibits to be offered at trial by each party are as follows:
[Each party is to list all exhibits, including documents,
charts, summaries or other items to be offered in evidence,
and any demonstrative evidence. All exhibits are to be marked
for identification, and are to be made available to the opposing
party for inspection or copying, prior to trial; and copies
thereof shall be furnished to the Court. Counsel are directed
to stipulate to the authenticity of exhibits wherever possible,
and no objection to authenticity shall be entertained by the
court unless it has first been noted on the exhibit list which
is made part of this order. Both sides are to submit memorandums
as to the contested exhibits.]
- List of all depositions, if any, or portions thereof, to be
offered in evidence by each party are as follows:
[Each specific portion of any deposition to be offered
in evidence shall be identified by the name of the deponent,
date of the deposition, and the page(s) and lines(s) of testimony
to be offered. Any objections to admission of the deposition
in evidence shall be noted on the list by the objection party.]
- The names and addresses of the witnesses who may be called
by each party are as follows:
[Each party is to list all witnesses who may be called
to testify, including opinion witnesses and exception only
rebuttal witnesses who are not identifiable prior to trial.
If more than one opinion witness is listed for a party, the
subject matter of each such witness's testimony shall be noted
on the list.]
- All discovery has been completed and, except for good cause
shown, no further discovery shall be permitted.
[Normally, all discovery will be completed before the
final pre-trial conference pursuant to the scheduling call
or trial management order. Further discovery will only be
permitted by the court upon a showing of extraordinary circumstances,
in which event this paragraph would be modified to set forth
what discovery remains to be completed by each party.]
- [The order shall also provide for any other matters which
would contribute to the efficient trial and deposition of the
case.]
Trial is set to commence at ____________.m. on ____________, without
further notice. This order will control the course of the trial
and may not be amended except by consent of the parties and the
court, or by order of the court to prevent manifest injustice.
| |
ENTER:
___________________________
|
| /S/ ________________________________ |
/S/ ________________________________ |
| Attorney
for Plaintiff |
Assistant
State's Attorney |
NAME:
ADDRESS:
CITY:
PHONE NUMBER:
ATTORNEY NUMBER:
[Adopted this 28th day of June, 2001, effective
July 2, 2001.]
10.7
Proceedings under the Adoption Act
(a) Each petitioner required to file an affidavit
pursuant to Section 14 of the Adoption Act (Ill. Rev. Stat. Ch.
40, par 1517) [750 ILCS 50/14] shall include in such affidavit
all costs, expenses, contributions, fees, compensation or other
thing of value paid to:
(i) any attorney, partner or associate of the attorney,
or any person employed by or under contract to the attorney for
any products and services related to locating a child available
for adoption, including but not limited to individual consultations,
written materials, telephone answering, advertising, and mail
solicitations; and
(ii) any person, agency, association, organization,
institution, society, partnership or corporation for any products
and/or services related to locating a child available for adoption,
including, but not limited to individual consultations, written
materials, telephone answering, advertising, and mail solicitations.
(b) The following items shall not be included in
such affidavit:
(I) the cost of advertising, paid directly to the
provider of such advertising by the petitioner;
(ii) the cost of any telephone, telephone service
and telephone answering machine installed in the home of each
petitioner, the cost of which is paid directly by the petitioner;
(iii) the cost of any commercial telephone answering
service, paid directly to the provider of such service by the
petitioner;
(iv) the cost of printing, photocopying, photography,
postage, and other services involved in mail solicitations, paid
directly to the provider of such services by the petitioner;
(v) the cost of adoption classes and seminars, open
to the general public and paid for directly by the petitioner;
(vi) the cost of books, magazines, audiotapes, videotapes
and other materials available through retail sources purchased
by the petitioner from a retail source other than any of the persons
or entities listed in parts (a)(i) and (a)(ii) of this Rule; and
(viii) expenses incurred by the petitioner for such
petitioner's personal travel, lodging and living expenses.
[Amended November 23, 1992, effective December 1,
1992.]
10.7(II)
Guardian ad Litem
I. Appointment
of guardian ad litem
Pursuant
to 750 ILCS 50/13 the Court will appoint a licensed attorney as
guardian ad litem to represent a prospective adoptee and to act
in his/her best interests.
The purpose
of this rule is to establish an orderly procedure for appointment
of guardians ad litem in a fair manner, open to all interested
and qualified attorneys.
Annually
the Court will publish an announcement inviting applications for
the position of guardian ad litem to act pursuant to Section 13
of the Adoption Code.
(a) Criteria
to be considered. The Court will consider an applicant's experience
and knowledge in adoption law and prior experience acting as a
guardian ad litem. An applicant must understand the function of
a guardian ad litem, the role of an attorney appointed to represent
the prospective adoptee, and the hybrid nature of the role of
attorney/guardian ad litem.
(b) Term
of appointment. The Court will select attorneys to serve staggered
three-year terms as guardians ad litem. These attorneys may apply
for additional terms.
(c) Fees.
(i) A uniform
flat fee and uniform hourly rate for all guardians ad litem and/or
attorneys for the child will be determined by the Court. The Court
will consider submissions from applicants and other interested
parties in determining the fees and rates. The Court will review
suggested fees and rates on a yearly basis.
(ii) It is
expected that in uncontested cases the litigants will appear in
court only at the initial hearing. The guardian's flat fee will
be based on this initial court appearance and the anticipated
off call duties. Should a specific case require additional court
appearances or additional work, the guardian ad litem and/or attorney
for the child may petition the Court to proceed at the established
hourly rate.
It is expected
that some families will not be able to pay the established fee.
Guardians must anticipate making financial accommodations in these
situations.
(d) Duties
and procedures.
(i) The role
of the guardian ad litem is to determine what is in the best interests
of the child. The guardian ad litem must review and determine
the sufficiency of the pleadings and filings. The duties of guardian
ad litem do not include acting as the prospective adoptee's attorney.
The guardian ad litem will not act as the prospective adoptee's
attorney without being appointed to do so by the Court.
(ii) If the
prospective adoptee is in need of legal representation in the
adoption, the Court will appoint an attorney to act as legal counsel.
The Court will first consider appointing the guardian ad litem
to take on this additional role. If the guardian ad litem is unable
or unwilling to act as the prospective adoptee's attorney, the
Court shall make the appointment from its list of guardians ad
litem who have previously indicated a willingness to act in this
capacity.
(iii) If
selected, an individual must be available to act as guardian ad
litem on assigned dates. On each assigned date, the guardian ad
litem is expected to be present in the office of the guardian
ad litem maintained on the 17th floor of the Richard J. Daley
Center between the hours of 8:30 A.M. and 10:30 A.M. or between
12:30 P.M. and 2:30 P.M.
(iv) The
individual must review each court file on the adoption call on
his or her assigned date. The purpose of the review is to determine
whether the individual will accept the appointment as the guardian
ad litem in the case. The review will include an examination of
the file to determine the sufficiency of the pleadings and the
presence and adequacy of the required documentation.
(v) If the
file meets with the approval of the individual, he or she will
initial the interim order to indicate a willingness to accept
the appointment as guardian ad litem.
(vi) If the
file is found to be inadequate, the individual shall either (1)
appear in court and inform the Court why he/she will not accept
the appointment, or (2) submit a memorandum order stating the
conditions to accept the appointment.
(vii) If
the individual accepts the appointment, the case will be assigned
to him or her as guardian ad litem. The guardian ad litem remains
in the case until entry of final judgment or its termination.
In uncontested cases, the attorney for the petitioners will submit
the proposed final order and all necessary documents to the guardian
ad litem. As part of his or her duties, the guardian ad litem
reviews the court file and investigative report. If the case meets
with the guardian's approval, he or she will so indicate by his
or her initials and deliver it to the court for decision off call.
In contested matters, the guardian shall forward copies of necessary
documents to all parties who have filed an appearance in the case.
[Adopted
March 13, 2001, effective March 13, 2001.]
10.8
Tax Objection Proceedings in the County Division
I. General Provisions
§1-10. Objectives. This Rule 10.8 is
intended to adapt the County Division's procedures on tax objection
complaints to the substantive legislative changes embodied in
PA 89-126 (HB 1465), to respond to the anticipated increase in
the volume of the filing of such complaints and to limit the time
elapsed in the resolution of the complaints, all as consonant
with the Illinois Supreme Court's announced policy of encouraging
active case management by the trial court in litigation matters.
§1-15. Applicability. This Rule 10.8
shall be effective for all tax rate objection matters filed for
1989 and following tax years and for valuation objection matters
for 1993 and following tax years, except that the provisions of
§1-20 of this rule regarding the form of tax objection complaints
shall be effective for tax objection matters for 1994 and following
tax years. The terms "plaintiff" and "complaint"
as used in this rule shall be construed to include the terms "objector"
and "objection" as may be necessary for tax years prior
to 1994.
§1-20. Form of Tax Objection Complaints.
Tax objection complaints under Section 23-10 and 23-15 of the
Property Tax Code [35 ILCS 200/23-10 and 23-15] shall be filed
in triplicate (including all exhibits and attachments), and the
circuit court clerk shall promptly provide one copy to the State's
attorney and one copy to the county collector. The caption of
the complaint shall designate the objecting taxpayer as "plaintiff"
and the county collector as "defendant" and shall include
a title identifying the year of the taxes to which objection is
made. Each complaint shall also designate in the caption below
the case number the following, depending on the nature of the
case: (i) where the complaint includes objections to the budgets
or levies of one or more taxing bodies, to the rate making process,
or to the extension of taxes, regardless of any other grounds
of objection alleged, the words "Rate Objection" shall
appear; and (ii) where the complaint includes only objections
to the assessed valuation of the subject property, the words "Valuation
Objection" shall appear. The caption of the complaint shall
be in substantially the following form:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, COUNTY DIVISION
|
_________________,
Plaintiff
vs.
_________________,
Cook County Treasurer
and Ex Officio County
Collector, Defendant.
|
)
)
)
)
)
)
)
)
)
|
No.
Valuation [or] Rate Objection
[as the case may be]
|
[Year] Tax Objection
Complaint
§1-25. References. Whenever in this
rule reference is made solely to a section number, it means that
section of this Circuit Court Rule 10.8. Whenever section references
are made to other sources, such as the Property Tax Code or Supreme
Court Rules, it is so stated.
II. Valuation Objections
A. Form, Calendars, Settlements
§2-10. Forms of Valuation Objection Complaints.
Valuation objection complaints shall provide at least the following
information: (a) the name of the plaintiff and plaintiff's attorney;
(b) the location of the subject property by common street address;
(c) the township in which the property is located; (d) the volume(s)
and permanent index number(s) which identify the subject property
on county records; (e) the final assessed value and equalized
assessed value of the subject property for the tax year in question;
(f) the total annual taxes for the subject property, the total
amount of taxes paid, and whether the payment was made within
the time required by law; (g) a statement indicating whether any
available administrative remedy was exhausted; (h) a statement
of the factual or legal basis for the plaintiff's claim for relief;
and (i) the relief requested.
§2-15. Valuation Objection Calendars.
The court shall establish calendars for valuation objection matters.
§2-20. Inactive Period. Each case shall
be considered active upon being set for the case management call
and shall be considered inactive prior thereto. During the inactive
period the parties may voluntarily conduct discovery, but no responses
thereto shall be considered due or enforceable until the times
provided in this rule (see case management call order, §2-45).
§2-25. Settlements. At any time prior
to trial the parties may settle the case by jointly filing a memorandum
of settlement and proposed agreed settlement order with the court.
B. Case Management Call
§2-30. Purpose. The case management
call is designed to activate in an orderly fashion valuation objection
cases. This call will bring the plaintiff into court to commence
the presentation of the case. It will also determine the plaintiff's
compliance with initial production of the documentation supporting
the claim. The appearance of the parties is not required at this
call.
§2-31. Substantial
Compliance with Document Production Requirements.
(a) At the case management call of each case, the court shall
first determine whether plaintiff's initial production of documents
has been completed in substantial compliance with §2-50. If the
court finds that plaintiff has not complied substantially with
the requirements of §2-50, it shall enter such sanctions as the
court deems appropriate. The sanction may include dismissal of
the case, subject to reinstatement.
(b) A case dismissed for failure to comply substantially with
§2-50 shall be reinstated only upon a showing of good cause and
payment of costs. In the discretion of the court, a reinstated
case may be considered as newly filed for purposes of scheduling,
and may be considered inactive until reset for a new case management
call.
§2-32. Merger
of Related Cases. At the case management call, the court shall
determine whether merger of the case with other pending cases
is appropriate; and the court may alter the schedule for discovery
or make such other provisions as may be necessary to incorporate
such merged claims.
§2-33. Election
as Small Claim. See Circuit Court Rule 10.6
§2-34. Establishment
of Schedule.
A. The case management call order shall establish a schedule
for the further progress of the case, including the dates for the
disclosure of opinion witnesses and their written reports as well
as for discovery pursuant to §2-120 and the applicable Supreme
Court Rules, for the setting of the trial assignment call, for the
assignment of the case to a trial judge, and for entry of the final
pre-trial order. That schedule shall be as follows:
(i) Trial Management Call shall be the first
working Thursday of the fifth month following the case management
call;
(ii) the final date for disclosure of opinion witnesses and their
reports shall be the first working Tuesday of the tenth month
following the case management call;
(iii) the cut-off date for initiating new discovery including
notices of deposition shall be the first working Tuesday of the
twelfth month following the case management call;
(iv) the cut-off date for responses to all discovery including
completion of all depositions shall be the first working Tuesday
of the fourteenth month following the case management call;
(v) Trial Assignment Call shall be the first working Tuesday
of the fifteenth month following the case management call; and
(vi) the date for submission of the proposed final pre-trial order
shall be the first working Tuesday of the sixteenth month following
the case management call.
B. A party may request
the court to modify the schedule set forth in this section by filing
and serving a motion and proposed case management call order with
the modified dates, at least seven days prior to the trial management
call. The motion shall set forth in detail the reasons supporting
the request to modify the schedule, but the request shall not be
granted except upon a showing of good cause. The pendency of settlement
discussions shall not constitute an adequate showing of good cause
to modify the schedule.
§2-35. Order
Setting Case Management Call.
(a) The court shall set case management calls of
all cases which have been filed for each tax year. The order setting
any case or group of cases on the case management call shall specify
a case management call date approximately 120 days following the
date of the order. Case management calls shall be set at 9:30
a.m. on the first working Tuesday of each month.
(b) The circuit court clerk shall cause a notice
of the order to be published in a newspaper of general circulation
in Cook County and shall post a listing of the case management
calls in the courtroom assigned for such actions.
§2-40. Preparation of Draft Order/Assignment
of Assistant State's Attorney. Plaintiff's counsel may submit
a draft case management call order to the clerk in the assigned
courtroom in advance of the call, or may attend the call and submit
the draft order at that time. Plaintiff's counsel shall send a
copy of the case management call order entered by the court to
the State's Attorney. The State's Attorney shall provide plaintiff's
counsel with the name of the Assistant State's Attorney assigned
to the case within 15 working days after the case management call.
§2-41. Outcome of Failure to Comply. Any party who fails
to complete a proposed case management call order or to appear as
required by this rule may be subject to sanctions.
§2-45. Form of Case Management Call Order.
The case management call order shall be in substantially the following
form:
[Caption]
CASE MANAGEMENT CALL ORDER
This cause coming
to be heard on the Court's Case Management Call, due notice having
been given and the Court being advised in the premises,
IT IS HEREBY ORDERED:
|
1.
|
This
matter shall be set for the Trial Management Call on ______________
at 9:30 a.m. without further notice.
[The first working Thursday of the fifth month following
the Case Management Call.]
|
|
2.
|
Compliance
with all previously filed discovery and all future discovery,
including depositions, shall be stayed until ________________
.
[First working Thursday of fifth month following the Case
Management Call.] |
|
3.
|
Each
party shall disclose the identity of all opinion witnesses,
and shall produce written reports of such opinion witnesses
to the opposing party, on or before ______________.
[First working Tuesday of the tenth month following the
Case Management Call.] |
|
4.
|
The
cut-off date for initiating new discovery, including notices
of deposition, shall
be ______________.
[First working Tuesday of the twelfth month following the
Case Management Call.] |
|
5.
|
The
cut-off date for responses to all discovery, including completion
of all depositions, shall be ______________.
[First working Tuesday of fourteenth month following the
Case Management Call.] |
|
6.
|
This
matter shall be set for the trial assignment call on ___________
at 2:00p.m. without further notice.
[The first working Tuesday of the fifteenth month following
the Case Management Call.] |
|
7.
|
This
case is merged with ______________.
|
| |
Enter:_____________________________ |
§2-50. Plaintiff's Initial Production of Documents.
(a) No later than two months prior to the case management
call, plaintiff shall produce documentary evidence and material
to the State's Attorney which plaintiff deems sufficient to support
the claim set forth in the complaint. Plaintiff's production may
include any materials which plaintiff believes are relevant to
the claim, and it shall include at a minimum the information and
documents enumerated in subsections (c) and (d) of this section
unless an objection to any part thereof is sustained by the court.
(b) If plaintiff desires to object to production of any item required
under this section, a written objection explaining the factual
and legal basis therefor shall be served upon the State's Attorney
no later than the date specified for completion of the document
production. Any remaining part of the required information and
materials not within the scope of the objection shall be produced
by the same date. The provisions of Supreme Court Rule 201(b)
(scope of discovery), 201(j) (effect of discovery disclosure),
201(m) (filing of materials) and 201(n) (claims of privilege)
shall apply to the production required by this rule, and the court
may enforce this rule by dismissal pursuant to 2-31(a) or by any
appropriate sanction pursuant to Supreme Court Rule 219.
(c) Plaintiff's initial production shall be submitted together
with a statement signed under oath attesting that all of the information
and documentation required pursuant to subsection (d) of this
section has been provided to the best of plaintiff's knowledge,
information and belief, with the exception of: (i) any specified
document or information which does not exist; or (ii) any specified
document or information which is known or believed to exist but
is not within plaintiff's possession or control. The statement
under this subsection shall expressly indicate which exception
applies to any documentation or information which is not produced.
(d) The information and documents required as part of plaintiff's
initial production shall consist of: (i) copies of all tax bills
for the property for the subject tax year; (ii) for tax years
prior to 1994, copies of protest letters filed; (iii) a description
of the size, age, condition and use of the subject property during
the subject tax year; (iv) a description of the nature and cost
of any improvements to the subject property during the period
of two years prior to and through the end of the subject tax year;
(v) the contracts and closing statements relating to any transfer
of ownership of the subject property within the period from two
years prior to and through the end of the subject tax year; (vi)
any complaints and related documents submitted to the Assessor's
Office or Board of Appeals for the subject tax year; and (vii)
any self-contained or limited appraisal report or other estimate
of the value of the subject property which has a date of valuation
within the period of two years prior to and through the end of
the subject tax year. Plaintiff need not duplicate the submission
of any documentation falling within more than one category under
this rule.
C. Trial Management Call
§2-60. Purpose. The trial management
call has four specific purposes: (1) to mark the transition from
settlements to preparation for trial; (2) to provide a forum to
resolve disputes before full-scale discovery; (3) to designate
the Assistant State's Attorney assigned to the case; and (4) to
offer an opportunity for the parties to inform the court of their
intent to go to trial, at the discretion of the judge it may be
assigned out.
§2-85. Preparation of Order.
(a) No later than seven days prior to the date set
for the trial management call, plaintiff's counsel shall deliver
a draft of a proposed agreed trial management call order to the
State's Attorney. The proposed agreed trial management call order
shall contain the dates specified in §2-34 A and shall be
signed by both parties, unless one or both parties requests a
modification thereof pursuant to §2-34 B.
(b) If a motion is made under §2-34 B, or if
the proposed order deviates from the schedule specified in §2-34
B, both parties shall appear at the trial management call. If
a proposed agreed trial management call order conforms to the
schedule specified in §2-34 A, and is submitted to the court
in advance, no appearance by either party shall be required and
the court shall enter the order. The failure of either party to
appear in support of a motion under this rule shall be deemed
a forfeiture of interested party's rights.
§2-86. Outcome
of Failure to Comply. Any party who fails to complete an agreed
Trial Management Call order or to appear as required by this rule
may be subject to sanctions.
§2-87. Pre-trial
Settlement Conference Request. Either party may initiate a
pre-trial settlement conference with the court by motion any time
after the 10th month following the case management call (see §2-34
A (ii) the last day to identify opinion witnesses); or the court
may initiate such a conference on its own motion. Notwithstanding
any such settlement conference, the schedule established in the
case management call order shall remain in effect, unless modified
by the court; and such modifications shall be made only on a showing
of exceptional circumstances.
§2-90. Form of Order. The trial management
call order shall be substantially in the following form:
[Caption]
TRIAL MANAGEMENT CALL ORDER
This cause coming
on to be heard on the Court's trial management call, due notice
having been given and the Court being advised in the premises,
IT IS HEREBY ORDERED:
| |
ENTER:_____________________________ |
D. General Discovery Provisions
§2-110. Purpose. The discovery provisions
harmonize and clarify the varying time requirements for discovery
compliance specified in this rule and in the comparable Supreme
Court Rules.
§2-115. Failure to Disclose Opinion Witness
or Report. Failure of any party to make timely disclosure
of opinion witnesses or their reports pursuant to any order entered
under this rule shall be deemed an election by that party not
to use such opinion witnesses or reports.
§2-120. Discovery under Supreme Court Rules.
The parties may voluntarily conduct discovery at any time, including
the time that the case is considered inactive under this rule.
However, no responses to any discovery requests shall be considered
to be due or enforceable prior to the first compliance date as
provided in the Case Management Call Order under §2-45. Thereafter,
responses to discovery shall be due as provided in the applicable
Supreme Court Rules, subject to the cut-off dates established
by court order.
§2-125. Efforts to Limit Discovery and Aid
Settlement. Prior to the date set for the disclosure of opinion
witnesses, the State's Attorney shall review the plaintiff's initial
production of documentary evidence and the parties shall confer
regarding the possibility of settlement, the need for the disclosure
of additional information which would aid in the resolution of
the matter, the nature and scope of any contested issues of fact
and law, the intent to consult with opinion witnesses prior to
trial or to have such witnesses testify at trial, the nature and
scope of discovery sought by either party, motions, and the estimated
time required for completion of discovery and for trial. The parties
shall cooperate in an effort to limit and expedite discovery,
and to simplify and define any contested issues.
E. Small Claims Procedure - See Circuit Court
Rule 10.6
F. Progress Call [RESERVED]
G. Trial Assignment Call
§2-200. Purpose. The trial assignment
call looks toward the trial of unresolved cases. It describes
the parties' positions, permits a pre-trial settlement conference
with the court, and is a forum for resolving procedural disputes
between the parties. The appearance of both parties is required.
§2-220. No Change of Venue. A party
who voluntarily participates in a pre-trial conference with a
judge shall be deemed to have waived any right to a change of
venue (substitution of judge) without cause pursuant to 735 ILCS
5/2-1001(a)(2).
§2-225. Form of Order. The trial assignment
order shall be in substantially the following form:
[Caption]
TRIAL ASSIGNMENT CALL ORDER
This cause coming
on to be heard on the Court's trial assignment call, due notice
having been given and the Court being advised in the premises,
IT IS HEREBY ORDERED:
| 1.
|
This
matter shall be assigned to Judge _______________. |
| 2. |
The
parties shall confer and submit a proposed final pre-trial
order to the assigned trial judge on or before ________,*
and shall contact the clerk for the assigned judge regarding
dates for trial.
[*First working Tuesday of the month following this order.] |
| 3. |
Plaintiff
must forward proposed Final Pre-Trial Order to Defendant
at least 14 days prior to due date of order. |
| 4. |
Defendant
must return Final Pre-Trial Order to Plaintiff at least
7 days prior to due date of order. |
| 5. |
If
the plaintiff fails to submit the Final Pretrial Order within
14 days prior to the due date of this order, the plaintiff
will be subject to sanctions on motion of the defendant or
on the courts own order. Such sanctions may include barring
of evidence. |
| 6. |
If
the defendant fails to submit the Final Pretrial Order within
7 days prior to the due date of this order, the defendant
will be subject to sanctions on motion of the plaintiff or
on the courts own order. Such sanctions may include barring
of evidence. |
| |
ENTER:_____________________________ |
NAME
ADDRESS
CITY
PHONE NUMBER
ATTORNEY NUMBER |
H.Trial
Provisions
§2-240. Purpose. These provisions are
designed to facilitate the orderly conduct of trials.
§2-245. Final Pre-trial Order and Conference.
(a) No later than fourteen days prior to the due
date of the pre-trial order, plaintiff's counsel shall deliver
a draft of a proposed agreed final pre-trial order to the State's
Attorney. The State's Attorney shall return the draft to plaintiff's
counsel with any desired changes no later than seven days before
the due date, and the parties shall confer as necessary to resolve
any differences and submit an agreed pre-trial order within the
time allotted. The completed proposed final pre-trial order shall
be signed by both parties and submitted to the court on or before
the due date. If the parties are unable to agree on a final draft
of the proposed order, each party shall submit a separate draft
to the court on or before the due date, and the court shall resolve
any disputes concerning the final pre-trial order and shall take
such other action as it deems necessary for the efficient trial
and disposition of the case.
(b) The parties shall contact the clerk for the
assigned trial judge to determine the dates for trial.
§2-250. Form of Final Pre-Trial Order.
The final pre-trial order shall be in substantially the following
form:
[Caption]
FINAL PRE-TRIAL
ORDER
This cause coming
on for a final pre-trial conference, and the parties being represented
by their respective counsel,
THE COURT HEREBY ENTERS THE FOLLOWING FINDINGS AND
ORDER:
1.The parties have entered into a stipulation of
uncontested facts and uncontested matters of law, as follows:
[The parties are directed to narrow the factual
and legal issues for trial by stipulation insofar as possible.
Each of the following items, which will normally be uncontested
or will have been resolved by the trial management order, must
be stipulated unless a specific dispute as to that item has arisen:
Volume:__________________________
Township:____________________________
P.I.N.(s):__________________________________________
Location:__________________________________________
Description:
(1) Land:__________________________________________
(2) Improvement(s):__________________________________________
(3) Use (for subject tax year):__________________________________________
Current Assessment and Taxes:
(1) Classification:__________________________________________
(2) Total AV:__________________________________________
(3) Indicated FMV:__________________________________________
(4) Tax Rate:___________________________
Equalizer: ________________________
(5) Total Annual Taxes:__________________________________________
2. Plaintiff's claim is based on the following total
fair market value, total assessed value, and total annual taxes
for the subject property, and plaintiff seeks the following total
tax refund:
(1) FMV:__________________________________________
(2) Total AV:__________________________________________
(3) Total Annual Taxes:__________________________________________
(4) Refund Claimed:__________________________________________
3. The contested issues of law and fact in this
case are as follows:
[The parties are directed to make an agreed statement of contested
issues insofar as possible in whole or in part. To the extent
that agreement cannot be reached a separate statement by each
party shall be included.]
4. The exhibits to be offered at trial by each party
are as follows:
[Each party is to list all exhibits, including documents,
charts, summaries or other items to be offered in evidence, and
any demonstrative evidence. All exhibits are to be marked for
identification, and are to be made available to the opposing party
for inspection or copying, prior to trial; and copies thereof
shall be furnished to the Court. Counsel are directed to stipulate
to the authenticity of exhibits wherever possible, and no objection
to authenticity shall be entertained by the court unless it has
first been noted on the exhibit list which is made part of this
order.]
5. Lists of all depositions, if any, or portions
thereof, to be offered in evidence by each party are as follows:
[Each specific portion of any deposition to be offered in
evidence shall be identified by the name of the deponent, date
of the deposition, and the page(s) and line(s) of testimony to
be offered. Any objections to admission of the deposition in evidence
shall be noted on the list by the objecting party.]
6. The names and addresses of the witnesses who
may be called by each party are as follows:
[Each party is to list all witnesses who may be called to
testify, including opinion witnesses and excepting only rebuttal
witnesses who are not identifiable prior to trial. If more than
one opinion witness is listed for a party, the subject matter
of each such witness's testimony shall be noted on the list.]
7. All discovery has been completed and, except
for good cause shown, no further discovery shall be permitted.
[Further discovery will only be permitted by the court upon
a showing of extraordinary circumstances, in which event this
paragraph would be modified to set forth what discovery remains
to be completed by each party.]
8. The order shall also provide for any other matters
which would contribute to the efficient trial and deposition of
the case.
9. Trial is set to commence at _________.m. on ____________,
without further notice. This order will control the course of
the trial and may not be amended except by consent of the parties
and the court, or by order of the court to prevent manifest injustice.
10. All exhibits, witness lists, and other materials
as previously mentioned that may be used at trial are to be delivered
to the judge five working days prior to the trial, unless one
or both of the parties object. The purpose of this document production
is to offer the judge the opportunity to view the exhibits prior
to the start of the trial.
ENTER: __________________________________________
/S/__________________________________________
Attorney for Plaintiff
|
/S/__________________________________________
Assistant State's Attorney
|
NAME
ADDRESS
CITY
PHONE NUMBER
ATTORNEY NUMBER |
|
§2-255. Trial Date. Trial shall be set
to commence at the assigned judge's next available trial date.
III. Rate Objections.
§3-10. Form of Rate Objection Complaints.
(a) If a complaint joins rate objections filed on
behalf of multiple properties, it shall identify them by an attached
schedule of properties. The schedule must provide at least the
following information as to each subject property for the tax
year to which the complaint pertains: the name of the plaintiff
taxpayer; the volume and permanent real estate index number which
identifies the property on the county records; the tax code (town
code) shown on the county records; and the state equalized valuation.
A schedule shall also set forth consecutive parcel numbers for
each property listed thereon.
(b) Objections shall be set forth separately as
to each taxing body whose taxes are challenged. If multiple taxing
bodies are involved, the objections regarding each of them shall
be set forth beginning on a new page of the complaint and this
page shall also contain a heading setting forth the full name
of the taxing body.
(c) Complaints involving multiple taxing bodies
shall be divided in sections as follows: (i) any general objections
applicable to all taxing bodies; (ii) any objections applicable
to the following major taxing bodies (in this order): The Board
of Community College District No. 508, The Board of Education
of the City of Chicago, The Chicago Park District, The City of
Chicago, The County of Cook, The Forest Preserve District of Cook
County, and The Metropolitan Water Reclamation District of Greater
Chicago; (iii) any objections to suburban taxing bodies (traditionally
known as "country towns"), grouped as follows: Townships,
Park Districts, Villages, and Cities (in alphabetical order);
Community College Districts, High School Districts, School Districts
and Unit School Districts (in numerical order); Fire Protection
Districts, Public Library Districts, and Sanitary Districts (in
alphabetical order); Public Health Districts, Conservancy Districts,
Abatement Districts, Sanitarium Districts (in the order listed
here), and all other districts.
§3-15. Representation and Notification of Taxing
Bodies.
(a) After the entry of an order setting all rate
objection complaints filed with respect to any tax year for an
initial status hearing pursuant to 3-20, the State's attorney
may mail a copy of the order, a copy of this rule, and a copy
of the pertinent rate objections, to each taxing body named therein
or to its attorney if a separate appearance has been filed under
3-15(b).
(b) Any taxing body named in a rate objection complaint
may direct the entry of an appearance by additional counsel of
its choice, absent objection by the State's attorney. The additional
appearance of any taxing body may be filed in advance of the initial
status hearing held pursuant to 3-20, or thereafter upon leave
of court, and copies of the appearance shall be served upon the
State's attorney and upon each plaintiff who has filed objections
to the taxes of that taxing body.
(c) The additional counsel for each taxing body
which has entered such an appearance shall be primarily responsible
for the conduct of the litigation on its behalf. In the absence
of an appearance by additional counsel, each taxing body shall
continue to be represented by the State's attorney in conjunction
with the State's attorney's representation of the county collector.
§3-20. Initial Status Hearing.
(a) At an appropriate time following the filing
of rate objection complaints for each tax year, considering the
demands of its calendar, the court shall enter an order setting
all complaints for that tax year for an initial status hearing.
The order shall be entered at least 60 days in advance of the
date set for the hearing. The circuit court clerk shall mail copies
of the order within 30 days of its entry to all plaintiff's counsel
of record and to any pro se plaintiff, and notice shall also be
given by publication in a newspaper of general circulation in
Cook County and may be given by mail to the various taxing bodies
as provided in 3-15(a).
(b) All plaintiff's counsel and any pro se plaintiff
shall personally appear at the initial status hearing. Additional
counsel for taxing bodies who have entered an appearance shall
appear personally at the hearing. Taxing bodies which have not
yet entered an additional appearance shall inform the State's
attorney in advance of the initial status hearing of their intentions
concerning representation.
(c) At the initial status hearing the court may
designate one or more plaintiffs and their counsel who consent
to act as "lead objector" and "lead counsel"
to facilitate the conduct of the litigation involving taxing bodies
subject to multiple similar tax objection complaints.
(d) At the close of the initial status hearing the
court shall enter an order setting the various rate objection
complaints for further status hearing, grouping the complaints
for purposes of such hearings by type of taxing body or otherwise
as the court deems appropriate. The order shall direct the parties
to confer regarding exchange of relevant documents, stipulation
to uncontested facts, and the possibility of settlement, and the
parties shall be prepared to report their progress in these matters
to the court at the next hearing.
§3-25. Subsequent Status Hearings, Trial or
Settlement.
(a) At any status hearing subsequent to the initial
hearing the court shall receive the reports of each party of progress
in preparation for trial or settlement, and the court may set
any of the objections for pre-trial conference or trial or may
enter such other orders as it deems appropriate. If any objections
have been settled, lead counsel or other plaintiffs' counsel shall
have the primary responsibility, in cooperation with counsel for
the affected taxing body, to prepare and file an order and such
other documents reflecting the settlement as may be appropriate
pursuant to Section 23-30 of the Property Tax Code [35 ILCS 200/23-30].
(b) No notice of subsequent hearings will ordinarily
be provided to either plaintiffs or to taxing bodies.
(c) Plaintiffs who have not been designated as a
lead objector may file a written declaration at any status hearing
subsequent to the initial hearing, stipulating that they have
agreed to amend their objections to conform to those filed by
one of the lead objectors and have agreed to be fully bound by
the lead objector's resolution of such objections by trial or
settlement. Absent an order of court to the contrary upon motion
of any party for good cause shown, the declaration shall be deemed
to effect an amendment of the plaintiff's objections to conform
to those of the designated lead objector. The declaration shall
be filed substantially in the following form:
[Caption]
DECLARATION OF INTENT TO CONFORM
OBJECTIONS TO COMPLAINT OF LEAD OBJECTORS
Plaintiffs, by their
undersigned attorneys, hereby stipulate and declare as follows:
1. Plaintiffs have reviewed the objections set
forth in the tax objection complaint filed by the lead objectors
in Case No. __________________________________________ (the "Lead
Objections"), as such objections pertain to the taxing bodies
whose taxes were extended against each of the parcels identified
in the above captioned complaint.
2. Plaintiffs intend that this declaration shall
stand as an amendment to the above captioned complaint to conform
to the Lead Objections pursuant to Rule 10.8 3-25(c)-(d) of the
Circuit Court of Cook County.
3. Plaintiffs intend that the objections in the
above captioned complaint, as amended by this declaration, shall
be considered to be identical in all respects to the Lead Objections.
Plaintiffs agree that all orders entered with respect to the Lead
Objections shall also apply to the objections in the above captioned
complaint, as amended, and Plaintiffs agree that they shall be
fully and completely bound by any disposition of the Lead Objections,
whether by trial or settlement, without further notice.
Respectfully submitted,
/S/[Counsel for Plaintiffs]
/S/ [Counsel for Lead Objectors]
Provided, that the declaration shall not be filed
without the consent of the lead objector named therein, and a
copy of the declaration shall be served upon the State's Attorney
and all additional counsel who have appeared on behalf of taxing
bodies whose taxes are subject to objections referred to in the
declaration..
(d) The declaration filed pursuant to 3-25(c) shall
not be withdrawn except on motion and leave of court for good
cause shown, and leave may be denied if the court finds that the
withdrawal would cause a delay or other prejudice to any party.
Any plaintiff who has filed a declaration pursuant to 3-25(c)
shall be fully bound by any order entered as to the lead objector's
objections, and shall be fully bound by the lead objector's resolution
of the objections by trial or settlement, without further notice
or hearing separate from the lead objector.
(e) Lead counsel, and counsel for all plaintiffs
and all pro se plaintiffs who have not filed a declaration under
3-25(c) of this rule conforming their objections to those of a
lead objector, shall appear personally at all hearings involving
their complaints. The complaint of any plaintiff who fails to
appear at a hearing in violation of this rule shall be subject
to dismissal for want of prosecution.
(f) Additional counsel for all taxing bodies shall
appear personally at all hearings involving the objections to
their taxes. All pending objections to any taxing body which has
entered an appearance by additional counsel may be disposed of
summarily and without further notice if such additional counsel
fails to appear at a hearing in violation of this rule.
[Amended June 28, 2002.]
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