Banner.gif (5203 bytes)

Menu.gif (3577 bytes) TextRules.gif (1565 bytes)

Click  the desired rule name below to advance to that information.

NavigationStart.gif (2139 bytes)
divider.gif 
(1306 bytes)
TextArticleI.gif (1107 bytes)

General Rules of Circuit

bullet.gif (862 bytes) Rule 1.1: Chief Judge

(a) Selection and Tenure
(b) Election Procedure
(c) Removal
(e) Vacancy

bullet.gif (862 bytes) Rule 1.2: Acting Chief Jude

bullet.gif (862 bytes) Rule 1.3: Presiding Judge

bullet.gif (862 bytes) Rule 1.4: Court Records

(a) Inspection of Records
(b) Impounded Records
(c) Removal of Records
(d) Expunged Records

bullet.gif (862 bytes) Rule 15: Non-Judicial Appointments

bullet.gif (862 bytes) Rule 1.6: Inactive Status of Probate Matters

bullet.gif (862 bytes) Rule 1.7: Petit and Grand Jurors

bullet.gif (862 bytes) Rule 1.8: Jury Commissions

bullet.gif (862 bytes) Rule 1.9: Judicial Sales

bullet.gif (862 bytes) Rule 1.10: Dismissal for want of prosecution

bullet.gif (862 bytes) Rule 1.11: Court Procedure on Warrants

(a) Transfer of Cases
(b) Reinstatement to Active File
(c) Call of Warrant Calendar

bullet.gif (862 bytes) Rule 1.12: Preparation of Judgments and Orders

bullet.gif (862 bytes) Rule 1.13: Circuit Clerk Hours and Holidays

bullet.gif (862 bytes) Rule 1.14: No Facsimile Filing

bullet.gif (862 bytes)Rule 1.15: Inspection and Certification of Court Facilities

divider.gif (1306 bytes)

Article 1:  General Rules

bullet.gif (862 bytes)  RULE 1.1 CHIEF JUDGE

(a) Selection and Tenure. In the first full week of May in each even-numbered year, at a meeting to be called by the chief judge, the circuit judges shall by ballot select a chief judge to take office immediately and serve for the next two years.

(b) Election Procedure. The ballot shall contain the names of all the circuit judges, arranged alphabetically. An election committee, appointed by the chief judge or acting chief judge, shall canvass and announce the votes cast on each ballot. If on any ballot a judge receives the votes of a majority of the circuit judges, that judge shall be declared elected.

(c) Removal. A majority of the circuit judges may, at any time, by written order, call a meeting, at a time and place stated, to consider the removal of the chief judge. A copy of the order shall be delivered to each judge not joining in it, at least five days before the time fixed for the meeting. At the meeting the circuit judges shall vote by ballot on the question "Shall the present chief judge be removed from office?" If a majority of the vote is in the affirmative, the chief judge is thereby removed from office, and the circuit judges shall thereupon proceed to select one of their number to serve as the new chief judge, to take office at once and serve until the end of the term of the chief judge removed.

(d) Resignation. If the chief judge shall at any time desire to resign, he or she shall call a meeting of the circuit judges and present his or her resignation. If the resignation is accepted, the circuit judges shall thereupon proceed to select one of their number to serve as the new chief judge, to take office at once and serve for the remainder of the term of the chief judge resigning.

(e) Vacancy. Should the office of chief judge at any time become vacant, from any cause not otherwise provided for in this rule, the acting chief judge shall call a meeting to elect a new chief judge, to take office at once and serve for the remainder of the term.

ToTop.gif (1150 bytes)

bullet.gif (862 bytes)  RULE 1.2 ACTING CHIEF JUDGE

The chief judge shall appoint an acting chief judge who shall serve at the pleasure of the chief judge. The acting chief judge shall discharge all the duties of the chief judge during any incapacity or absence from the circuit of the chief judge.

bullet.gif (862 bytes)  RULE 1.3 PRESIDING JUDGE

The chief judge shall designate a presiding judge for each county in the circuit. The presiding judge shall serve at the pleasure of the chief judge. Each presiding judge shall have the responsibility and power to supervise all of the judicial activities of the county in which he or she presides, unless otherwise ordered by the chief judge.

bullet.gif (862 bytes)  RULE 1.4 COURT RECORDS

(a) Inspection of Records. Except as otherwise ordered, clerks and deputy clerks of the court shall permit inspection of all files and records of cases in their respective offices.

(b) Impounded Records. No one except judges, clerks, and deputy clerks will be permitted to examine the impounded indexes. The basic and permanent records of adoptions, marriage license petitions, and juvenile cases may be examined only as permitted by law.

(c) Removal of Records. Records shall be removed from the office of the clerk of the court only for use in court, by a judge, or pursuant to order of court.

(d) Expunged Records. When court records are ordered expunged pursuant to law, the circuit clerk shall retain the number in the case number list and in the index. The name of the defendant whose records have been ordered expunged shall be deleted in the case number list and in the index and the word "expunged" written in lieu thereof. The court file shall then be impounded and kept locked. No one shall be permitted access to expunged records except by order of court.

ToTop.gif (1150 bytes)

bullet.gif (862 bytes)  RULE 1.5 NON-JUDICIAL APPOINTMENTS

Non-judicial appointments, vested by law in the circuit court or the judges thereof, shall be made by a majority of the circuit judges.

bullet.gif (862 bytes)  RULE 1.6 INACTIVE STATUS OF PROBATE MATTERS

Whenever a judge of the circuit court determines that a probate case (decedent's estate or guardianship) has remained inactive for a considerable time, he or she may direct the clerk of the court to place the case on a docket call, and the clerk shall give notice, as directed by the judge, to the last known attorney of record or personal representative, or both, of the time and place of the docket call. Should the judge determine at the docket call that the case cannot be conveniently terminated, he or she may enter an order directing the clerk to transfer the case to an inactive docket, and the case file shall thereafter be filed with the closed probate files. A case may be removed from the inactive docket to the active docket on motion and order.

bullet.gif (862 bytes)  RULE 1.7 PETIT AND GRAND JURORS

(1) The general jury list required by 705 ILCS 305/1 may be accomplished through the services of the Administrative Office of Illinois Courts. The general jury list shall consist of all the registered voters in the county and all the licensed drivers of the county who are 18 years of age or older.

(2) The petit jury list required by 705 ILCS 305/2 shall consist of the entire general jury list.

(3) The drawing of petit jurors pursuant to 705 ILCS 305/8 and of grand jurors pursuant to 705 ILCS 305/9 may be done by computer.

bullet.gif (862 bytes)  RULE 1.8 JURY COMMISSIONS

In counties that have jury commissions:

(1) All jury commissioners, circuit clerks, and judges shall comply with the Jury Commission Act.

(2) The list of voters and driver's license holders required by 705 ILCS 310/2 shall be accomplished through the services of the Administrative Office of Illinois Courts.

(3) The general jury list required by 705 ILCS 310/7 shall consist of the entire combined voter list and driver's license holders list.

(4) The active jury list required by 705 ILCS 310/8 shall be the same as the general jury list.

(5) The drawing of petit jurors and grand jurors pursuant to 705 ILCS 310/9 may be done by computer.

ToTop.gif (1150 bytes)

bullet.gif (862 bytes)  RULE 1.9 JUDICIAL SALES

In sales of real estate under judgments, the attorney for the plaintiff shall be responsible for preparing the documents and performing the services necessary for the sheriff, judge, or authorized officer to carry out the judgment of sale.

bullet.gif (862 bytes)  RULE 1.10 DISMISSAL FOR WANT OF PROSECUTION

In any case in which no setting, trial, service, or other action of the court has been requested or obtained of record within six months of the last filing or court action, the case may be dismissed for want of prosecution, at the cost of the plaintiff. The clerk of the court shall forward a copy of the order of dismissal to all attorneys and unrepresented parties of record.

bullet.gif (862 bytes)  RULE 1.11 COURT PROCEDURE ON WARRANTS

(a) Transfer of Cases. Any pending criminal felony or misdemeanor case in which a warrant for the arrest of the defendant has been outstanding and unserved for a period of six months shall be transferred by the clerk of the court to a warrant calendar and shown as terminated for statistical purposes.

(b) Reinstatement to Active File. Upon service and filing of an outstanding warrant in a case on the warrant calendar, or upon order of court, the clerk shall transfer the case to the active docket and reinstate the case for statistical purposes.

(c) Call of Warrant Calendar. Annually in December, the clerk shall prepare and provide to the state's attorney and the presiding judge a list of all cases on the warrant calendar pending for more than one year. The presiding judge shall then order a call of the cases on the list, at which call it shall be determined whether each case should remain on the warrant calendar, be dismissed, or be reinstated as an active case.

totop.gif (1150 bytes)

bullet.gif (862 bytes)  RULE 1.12   PREPARATION OF JUDGMENTS AND ORDERS

Unless the court directs otherwise, whenever a written order or judgment is required, the attorney for the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel. The draft tendered may be entered forthwith unless objection is made within five working days after service of the draft.

bullet.gif (862 bytes)  RULE 1.13  CIRCUIT CLERK OFFICE HOURS AND HOLIDAYS

Offices of the circuit clerk shall be open Monday through Friday of each week except on state legal holidays or days celebrated as such, or when court is closed by the presiding judge of the county because of natural causes or other hazards creating an emergency. In counties having a population of 25,000 or more, office hours shall be from 8:00 A.M. to 4:00 P.M. In counties having a population of less than 25,000, office hours shall be from 8:00 A.M. to 12:00 noon and from 1:00 P.M. to 4:00 P.M.

bullet.gif (862 bytes)  RULE 1.14:  NO FACSIMILE FILING

All pleadings, motions, and other papers shall be filed in person or via mail. Facsimile or electronic filing is not authorized.

totop.gif (1150 bytes)

bullet.gif (862 bytes)  RULE 1.15 INSPECTION AND CERTIFICATION OF COURT FACILITIES

(a) Times and Places of Holding Court. The chief judge shall designate, as provided in Article VI, Section 8(c), of the Constitution of 1970, the times and places of holding court in each county of the circuit.

(b) Committee on Court Facilities. There shall be in the First Judicial Circuit a committee on court facilities. The chief judge shall appoint from the circuit and associate judges of the circuit those who shall serve on the committee, and shall designate one of its members as chairman. The chief judge may not serve as a member of the committee.

(1) When directed by the chief judge, at the request of the presiding judge of any county, the committee shall inspect each courtroom, jury quarters, chambers, ancillary court space, and office of the clerk of the court within any county of the circuit.

(2) The committee shall file a preliminary report of the inspection, together with the committee’s recommendations, with the chief judge. The chief judge shall transmit a copy of the report and proposals for corrective action to bring such facilities within applicable standards to the chairman of the county board in which the facility in question is located. If corrective action is not commenced and completed within the time period established by the committee, then it shall promptly file a supplemental report with the chief judge, and include therein any additional recommendations. The chief judge shall transmit a copy of the supplemental report to the chairman of the county board. Within 90 days of such transmittal, or such other period as may be designated by the chairman of the committee, the county board must either: (i) correct the condition of the facility in question pursuant to the committee’s report and recommendations, or (ii) bind the county contractually and irrevocably to have the facility so corrected within six months or such other time as may be designated by the committee.

(c) Information Hearing. In the event the county board fails to comply with Rule 1.15(b)(2), the chairman of the committee shall file a petition, styled "In re the Court Facilities of _________ County," with the clerk of the court of the county in which the facility in question is located. The petition shall specify the deficiencies of each such facility, the remedial action proposed, any action taken by the county board, and a prayer for appropriate relief. Upon such filing, the chief judge shall forthwith designate a time, date, and place for a hearing thereon.

(1) The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than 21 days prior to the hearing. The chairman of the committee may direct the circuit clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first class postage thereon and depositing it in the United States Mail not less than 21 days prior to the hearing. The clerk’s certificate of mailing notice shall be made of record.

(2) An informal and public hearing on the petition shall be held in the county in which the court facility in question is located. The chief judge or his or her designee shall preside over the hearing, which shall be transcribed by a court reporter. The chief judge may direct that a subpoena issue to any witness deemed appropriate and may take judicial notice of reports filed by the committee.

(3) Following the informational hearing, the chief judge shall file with the circuit clerk his or her findings and order regarding the facility in question, together with a certification that the facility:

(i) meets applicable standards; or

(ii) does not meet applicable standards, but may be temporarily certified until a period ending on a date certain; or

(iii) does not meet applicable standards, but may be conditionally certified upon the condition that specified action is taken and completed by a date certain; or

(iv) does not meet applicable standards and will be discontinued for court use effective on a date certain.

(4) Before the chief judge may order that new or additional court facilities be constructed or remodeled, he or she must first determine that exigent circumstances exist requiring that such an order be entered. The chief judge may also order that such construction or remodeling be completed by a specified date. Any such orders regarding construction or remodeling of new court facilities shall be entered against the county board of the county in which the facility in question is located, as well as personally against each member of that county board. A finding of exigent circumstances need not be made in an order concerning existing courtrooms and ancillary facilities.

(5) An informational hearing under this subsection need not be held if:

(i) The chief judge certifies that the facility in question meets applicable standards; or

(ii) Both the chairman of the county board and the chief judge waive such hearing in writing.

(d) Hearing Pursuant to Supreme Court Rule 21(c).

(1) If the county board does not comply with the order of the chief judge as set forth in Rule 1.15(c), then the chief judge shall file a "Petition to Compel Compliance" with the circuit clerk of the county in which the informational hearing was held.

(2) The chief judge shall thereafter request the Supreme Court to assign a judge from another circuit to preside at the hearing under this paragraph. The Attorney General or an attorney appointed by the chief judge may represent the chief judge at the hearing.

(3) A showing by the chief judge of compliance with Rules 1.15(b) and 1.15(c) constitutes prima facie evidence of the validity and enforceability of any orders entered by the chief judge pursuant to those Rules.

(4) After hearing, the judge shall file his written findings, order, and certification, and shall have available all appropriate remedies under the law of this State.

(e) Costs, Fees, and Expenses. In proceedings held pursuant to this rule, costs, attorney fees, and other expenses, including but not limited to expert witness fees incurred by or taxable to the chief judge, shall be paid by the county in which the court facility in question is located.

ToTop.gif (1150 bytes)

Home | Case Information | Court Fees | Circuit Clerk | Holidays & Hours |
Rules of the Court | Directions | Contact Information