Illinois Court Operations During COVID-19 UPDATED
Illinois courts remain open in a limited capacity. Judges and judicial employees in all counties are encouraged to work from home for non-emergency matters, and litigants are encouraged to continue utilizing court services while following all applicable public health guidelines. Below please find a brief synopsis of current court availability in civil matters across local courts.
NORTHERN DISTRICT OF ILLINOIS
General Order 20-0012, General Order 20-03 (Bankruptcy Court), Order 20-0014 (Court Closures), Second Amended General Order 20-0012, Third Amended General Order 20-0012.
Civil case hearings, bench trials, and settlement conferences scheduled before, or on May 29, 2020, are cancelled and shall be re-set by the presiding judge to a date on or after June 1, 2020. All deadlines, whether set by the court or by the Rules of Civil Procedure or Local Rules, are extended by 77 days from the current deadline. This extension may be extended or reduced by the presiding judge for good cause. However, this extension does not affect, the rights to or deadlines concerning any appeal from any decision of this Court in a civil case or any deadlines imposed by Civil Rules 50(b) or (d), 52(b), 59(b), (d), or (e), or 60(b). See Fed. R. Civ. P. 6(b)(2).
Staff in the Clerk’s Offices are available by telephone, mail will be received, and intake desks remain open for filings. Electronic filings may still be made through the CM/ECF system. Any party may request, by motion to the assigned judge, that a telephonic hearing or remote settlement conference be conducted prior to May 29, 2020. This exception is not intended to invite requests for routine status hearings.
Any party may seek emergency relief in any case; to seek emergency relief a party must file an emergency motion via CM/ECF or email. The party must also file the motion in Case No. 20-CV-01792, this is a docket created to receive emergency motions filed under the Second Amended General Order.
For the Bankruptcy Court, currently scheduled trials and evidentiary hearings may be continued to new dates, at the judge’s discretion. All court calls will be held telephonically. No personal appearances will be necessary or permitted, unless ordered by the judge.
All civil matters scheduled through May 29, 2020 are cancelled and will be re-scheduled by the presiding judge to a date on or after June 1, 2020. All deadlines are extended by 77 days from the current deadline. However, deadlines regarding appeals are not extended.
18TH JUDICIAL CIRCUIT, DU PAGE COUNTY
Du Page County Courthouse will remain open and conduct essential court business on a limited scale. All civil matters scheduled through May 15, 2020 will be continued. The Circuit Court Clerk will reschedule these matters for 60 days from the currently scheduled court date and will notify all parties via mail of the continued court date.
Whenever possible, court proceedings will be conducted using telephone and video conferencing. New motions may be filed with the Clerk; when doing so, parties should submit an agreed order setting a briefing schedule and a proposed status date. Parties may email agreed orders to the court for entry, setting a discovery schedule, status date, or hearing date. Parties using electronic orders may submit agreed orders using the court’s electronic system. Contested hearings shall be decided without oral argument unless a specific request for oral argument is made by one or both of the parties.
Emergency motions shall be e-filed with the Clerk and decided without oral argument unless a party specifically requests otherwise. If oral arguments are properly requested, arrangements will be made to hold arguments by Court Call or telephone or videoconference. All emergency motions must be filed with an affidavit attesting to the emergency. Effective May 1, 2020, all attorneys and other members of the general public able to medically tolerate a face-covering must wear one within the indoor public spaces of the DuPage County Courthouse.
The following matters will proceed as originally scheduled:
- Bail Hearings;
- Felony and Misdemeanor matters with in-custody defendants or speedy trial demands;
- Juvenile Detention and Shelter Care Hearings and matters with in-custody minors;
- Petitions and Hearings on emergency and plenary orders of protection, stalking no-contact orders, civil no-contact orders and firearm restraining orders;
- Summary Suspension Hearings;
- Mental Health Hearings; and
- Emergency Motions.
All civil matters scheduled through May 15, 2020 will be continued. The Clerk will notify all parties via mail of the continued court date.
12TH JUDICIAL CIRCUIT, WILL COUNTY
Covid-19 Essential Court Operations, AdministrativeOrder 2020- 08, Administrative Order 2020-15
Will County Courthouse will remain open and conduct essential court business on a limited scale, however all branch courts shall be closed. All civil matters scheduled through May 15, 2020 will be continued. The Circuit Court Clerk will reschedule these matters and notify parties of the continued court date. All cases, motions, and pleadings may be e-filed and discovery will proceed as scheduled. All other civil matters shall be postponed, unless the presiding judge wishes to proceed via telephone or video. Emergency matters will be heard in person, by teleconference, or by video conference.
The following matters will proceed as originally scheduled:
- Bond/Arraignment court;
- Criminal trials where a defendant’s constitutional right to a speedy trial so demands;
- Petitions to Rescind Statutory Summary Suspension Hearings;
- Orders of Protection;
- Forfeitures (preliminary determinations);
- Shelter Care and Juvenile Detention Hearings;
- Mental Health Hearings; and
- Other Hardship or Emergency Circumstances.
All civil matters scheduled through May 15, 2020 will be continued. The Clerk will notify parties via mail of the continued court date.
16TH JUDICIAL CIRCUIT, KANE COUNTY
All civil matters scheduled through June 1, 2020 will be automatically be continued for at least 35 days. All summons that have been served with return dates of March 17, 2020, through June 1, 2020, shall be returnable on the next court date. Judges and judicial employees shall work remotely until May 18, 2020. However, judges will be available in-person to hear emergency matters. The Sheriff will suspend enforcement of all residential eviction orders until June 1, 2020.
The following matters will proceed as originally scheduled:
- Bond Calls;
- In-custody cases where a plea agreement has been reached and will result in defendant’s release;
- In-custody bond reduction motions that may result in defendant’s release from custody;
- In-custody pro-se defendants sent from Aurora, Elgin, and Kane County branch courts;
- Statutory summary suspension hearings where agreement has not been reached;
- Juvenile Detention and Shelter Care Hearings and matters with in-custody minors;
- Motions to Remove Minors from Danger or Return Minors to their parents;
- Detention Hearings;
- Orders of Protection and Temporary Restraining Orders; and
- Emergency Motions
All civil matters scheduled through June 1, 2020 will be automatically continued for at least 35 days. The Sheriff will suspend enforcement of all residential eviction orders until June 1, 2020.
19TH JUDICIAL CIRCUIT, LAKE COUNTY
Administrative Order 20-23, Administrative Order 20-27, COVID- 19 FAQs
All non-emergency civil matters scheduled before May 18, 2020 will be continued to a date after May 15, 2020. All hearings scheduled between March 17, 2020 and May 15, 2020 are continued for 35 days. This extension may be extended or reduced at the discretion of the presiding judge. All arbitration hearings and pre-trial settlement conferences scheduled prior to May 18, 2020, are cancelled, and no re-schedule date will be set by the court at this time. The Sheriff will suspend enforcement of all residential eviction orders until further Order of the court. Discovery will continue as scheduled and depositions may be conducted by remote electronic means pursuant to Supreme Court Rule 206. The court will continue to accept proposed agreed orders, and motions for alias summons electronically. Prior to the re-opening of the Courthouse on May 18, 2020, as to any contested motion that had been set for argument during the present court closure, any party may submit the fully briefed motion to the assigned judge for consideration and ruling. Judges will be available in-person or via video or teleconference to hear emergency matters.
The following matters will proceed as originally scheduled:
- Speedy trial term cases, statutory summary suspension hearings, forfeiture hearings and probation violation hearings in which an agreement to continue the trial/hearing has not been reached;
- Bond Hearings;
- Melony, Misdemeanor and Juvenile cases with defendants in custody as well as jury trials with defendants in custody;
- Emergency and Plenary Orders of Protection;
- Juvenile Detention and Shelter Care Hearings;
- Mental Health Hearings, Involuntary Admission, Treatment, Fitness, and Quarantine hearings; and
- Warrants and any other Emergency Motions.
All civil matters scheduled through May 18, 2020 will be automatically continued to a date after May 15, 2020. Parties will be notified of the rescheduled dates by the Clerk of the Circuit Court. Sheriffs will suspend enforcement of all residential eviction orders and all foreclosure sales relating to residential real estate until further order of court.
1ST JUDICIAL DISTRICT, COOK COUNTY
All non-emergency matters in all Districts and Divisions of the court are rescheduled and continued through May 18, 2020, pending further order of the court. All foreclosures, evictions, and orders of possession of residential property are stayed until May 18, 2020. Judges and employees of the court, except those who are essential for essential court operations, will work remotely and conduct business telephonically or by videoconference until May 18, 2020. In the Law Division, any motion set between March 17, 2020 to May 15, 2020, that was not set by court order, is stricken and will need to be re-noticed and rescheduled when the courts resume normal business. Pending dates will automatically be rescheduled with notice to parties by the Clerk of the Court. The court will continue to accept motions and pleadings electronically. Non-emergency motions should be e-filed and scheduled for a date after May 18, 2020.
Except for oral depositions, Chancery Division case discovery shall continue as scheduled. Parties should use best efforts to postpone the deposition by agreement and stipulation for a period not to exceed 60 days. Law Division discovery deadlines, completions, and/or filing dates set by prior case management orders are extended to future case management dates. Case management dates shall be extended 120 days. Notice will be sent by the Clerk of Court with the amended dates. This extension will not apply to briefing schedules that have already been entered.
All emergency proceedings shall be conducted remotely by videoconference. Litigants are required to E-File all emergency motions in accordance with Ill. S. Ct. R. 9. If, upon presentment in Court, it is determined that the matter presented is not a valid emergency, the movant will be directed to place the matter on the Court’s regular motion call.
The following matters will proceed as originally scheduled:
- Preliminary Hearings and Arraignments that have commenced;
- Plea Agreements;
- Juvenile Detention Hearings;
- Temporary Custody Hearings;
- Order of Protection;
- Bail Hearings;
- Mental Health Hearings; and
- Emergency Motions.
All matters scheduled through May 18, 2020 will be automatically continued with notification of the re-scheduled date to be given by the Clerk of Court. There is a moratorium on final judgments and executions of judgments in mortgage foreclosures. The Sheriff will suspend enforcement of all residential eviction orders through May 18, 2020.
The author, publisher, and distributor of this CCM Alert is not rendering legal or other professional advice or opinions on specific facts or matters. Under applicable rules of professional conduct, this communication may constitute Attorney Advertising.
© 2020 Clingen Callow & McLean, LLC. All rights reserved.