 | Rules of the Circuit Court of Cook County |
| General Orders of the Circuit Court of Cook County |
| General Administrative Rules |
| General Administrative Orders |
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PART 2. HEARING OF MOTIONS 2.1 Notice of Hearing
of Motions 2.2 Emergency and Ex
Parte Motions Where Notice Is Not Required 2.3 Failure to Call
Motions for Hearing
2.1 Notice of Hearing of Motions (a) Notice required - Except in actions appearing on the daily trial call or during the course of trial, written notice of the hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105. (b) Content of notice - The notice of hearing shall show the title and number of the action, the name of the judge before whom, the time and date when, and the place where the motion will be presented. If the motion is made orally, the notice shall state the nature of the motion. If the motion is presented in writing, a copy of the motion or a statement that it previously has been served, shall be served with the notice. Copies of all papers presented to the court with the motion shall be served with the notice or the notice shall state that copies have been served. (c) Manner and time of service of notice. (i) Notice shall be given in the manner and to the persons described in Supreme Court Rule 11. If notice of hearing is given by personal service, the notice shall be delivered before 4 p.m. of the second (2nd) court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on or before the fifth (5th) court day preceding the hearing of the motion. (ii) Notwithstanding the provisions of Rule 2.1(c)(1), when a motion and notice of motion are served on the Clerk of the Court in his capacity as agent for persons giving security upon a bond or undertaking pursuant to Chapter 110, Paragraph 11-103, Ill. Rev. Stat. (1989)[735 ILCS 5/11-103], such motion and notice of motion shall be served on the Clerk of the Court personally or on the person serving as Chief Deputy Clerk assigned to the Department, Division or District in which the case has been filed. Such motion and notice of motion shall designate the persons, together with their last known addresses, to whom copies of the motion and notice of motion shall be mailed. (d) Motions in the Law Division, County Department, other than discovery motions - The original motion shall be filed with the Clerk on or before the time the motion is spindled. The certificate of service and a copy of the motion shall be served on all parties in accordance with Supreme Court Rule 105(b) within three (3) court days of the filing of the motion. The moving party may serve on all parties, at the time of filing the motion, a short concise memorandum in support of the motion, including citations of authority. The adverse party may serve within twenty-eight (28) days thereafter, an answering memorandum. The moving party may then within ten (10) days thereafter serve a reply memorandum on the opponent. The movant shall file copies of all memoranda and relevant pleadings with the judge assigned to hear the motion at least three (3) court days prior to the scheduled date of the hearing. Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the motion, or a withdrawal of the opposition thereto, but shall be deemed to be a waiver of the right to file the respective memorandum. (e) Summary judgement - Repealed. (f) Filing motions for summary judgment in the Law Division - All motions for summary judgement shall be filed and duly noticed for hearing such that the motion comes before the court for initial presentation and entry of a briefing schedule not later than forty-five (45) days before the trial date, except by prior leave of court and for good cause shown or unless a deadline for dispositive motions is otherwise specified in the case management order. [Amended August 21, 2000.]
(a) Notice not required - Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without giving prior notice and without calling the motion for hearing. Emergency motions shall, so far as possible, be given precedence. (b) Notice after hearing - If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the court thereon, shall be served, by the attorney obtaining the order, upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of hearing, and proof of service thereof shall be filed with the clerk, within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11. (c) Order upon denial - If a motion heard without prior notice is denied, an order of the denial shall be spread of record. [Adopted May 17, 1976, effective July 1, 1976.]
The burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within 90 days from the date it is filed, the court may enter an order overruling or denying the motion by reason of the delay. [Adopted May 17, 1976, effective July 1, 1976.] |
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