(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.]
(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.]
(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.]
(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.]
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.]
(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. ) ) 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____ | |
| __________________________________________ | |
| 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_____________________________ | |
| CITY:_________________________________ | |
| TELEPHONE:__________________________ |
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_____________________________ | |
| CITY:_________________________________ | |
| TELEPHONE:__________________________ |
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.]
In order to facilitate the dispositions of Tax Objection Valuation cases, 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. |
Discovery Only Pursuant to Court Order: Except for the disclosure of opinion witnesses, discovery in proceedings |
| E. |
Procedures: The Election to Proceed as a small claim must be submitted in writing at the Case Management Call in the form designated below. 2. Calendar Assignment: b.Second Status Conference. The parties shall appear before the Court or See Appendix to this Rule for Court Approved Form C.
APPENDIX TO CIRCUIT COURT RULE 10.6
|
[Adopted this 28th day of June, 2001, effective July 2, 2001, amended February 17, 2022]
(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.]
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.]
General Provisions
§1-10. Objectives. Rule 10.8 is intended to establish a uniform procedure in the County Division for the adjudication of tax objections filed under Article 23 of the Illinois Property Tax Code, to accommodate the high volume of such filings, and to promote their timely resolution, consistent with the Illinois Supreme Court's policy of encouraging active case management and use of technology to streamline court processes and conserve resources.
§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 electronically e-filed with the Clerk of the Circuit Court in the officially designated format, and the circuit court clerk shall promptly provide one copy to the State's attorney by electronic transmission. 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
|
_________________, vs. _________________, |
) ) ) ) ) ) ) ) ) |
No.
Valuation [or] Rate Objection |
[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. Period before Case Management Call. Each case shall formally activate for case management purposes upon being set for its respective case management call. However, in the period between filing a case with the Clerk of the Circuit Court and the case management call, the parties may discuss a case, reach a settlement, or voluntarily conduct discovery. No responses to discovery 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 formally activate valuation cases for case management purposes in an orderly fashion. This call will commence the plaintiff's 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 may upon motion 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. Reserved.
§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 status call, and for entry of the final pre-trial order. That schedule shall be as follows:
(i) Trial Management Call shall be the first working day of the week of the fifth month following the case management call ( choose the assigned time and Courtroom, for the assigned Calendar from the chart listing days and times of pre-trial calls for the several Court Calendars as published on the Circuit Court Clerk's website for the County Division);
(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 Status Call shall be the first working day of the week of the fifteenth month following the case management call (choose the assigned time and Courtroom, for the assigned Calendar from the chart listing days and times of pre-trial calls for the several Court Calendars as published on the Circuit Court Clerk's website for the County Division); 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 a 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 dates and times as found on the website of the Clerk of the Circuit Court, County Division 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 shall electronically submit a draft case management call order to the clerk in the assigned courtroom in advance of the call. 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 ______.m. without further notice. [Choose the first working day of the week of the fifth month following the Case Management Call, with the assigned time and Courtroom, for the assigned Calendar from the chart listing days and times of pre-trial calls for the several Court Calendars as published on the Circuit Court Clerk's website for the County Division]. |
|
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. |
EEach 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 ______.m. without further notice. [Choose the first working day of the week of the fifteenth month following the Case Management Call, with the assigned time and Courtroom, for the assigned Calendar from the chart listing days and times of pre-trial calls for the several Court Calendars as published on the Circuit Court Clerk's website for the County Division] |
| 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, in the electronic format and manner designated by the State's Attorney. 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 or as certified under sectionl-109 of the Illinois Code of Civil Procedure 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 Review 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.
The trial management call order shall contain the dates specified in §2-34 A. 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 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 a 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; 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:
|
That all previous orders are continued and the matter is set for trial assignment on ____________ at _____ _.m. |
|
| This case is assigned to Assistant State's Attorney ______________. |
|
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 during the period before case management call 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. he trial status 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 5/2-100l{a){2).
§2-225. Form of Order. The trial assignment order shall be in substantially the following form:
[Caption]
TRIAL STATUS 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. | The parties shall confer and submit a proposed final pre-trial order on or before ______ , * and shall contact the clerk for the assigned judge regarding dates for trial. [*First working Tuesday of the fourth month following this order.] |
| 2. | Plaintiff must forward proposed Final Pre-Trial Order to Defendant at least 14 days prior to due date of order. |
| 3. | Defendant must return Final Pre-Trial Order to Plaintiff at least 7 days prior to due date of order. |
| 4. | 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 court's own order. Such sanctions may include barring of evidence. |
| 5. | 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 court's own order. Such sanctions may include barring of evidence. |
| ENTER:_____________________________ | |
| NAME ADDRESS CITY PHONE NUMBER MAIL ADDRESS 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 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. he 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. he 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 |
|
EMAIL ADDRESS |
|
§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; 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. An electronic
copy of the complaint and schedule of properties shall also be provided to the Cook County Treasurer in a manner designated by the Cook County Treasurer's Office. An electronic copy of both the complaint and the schedule of properties shall be provided
to the Cook County State's Attorney's Office.
(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 by agency number according to the agency numbering system used by the Cook County Clerk and the Cook County Treasurer, i.e.: County (01); Townships (02), Municipalities (03), Educational Districts (04); Park Districts (05), Public Library Districts (6), Fire
Protection Districts (07), Sanitary Districts (08), Mosquito Abatement Districts (09),
Lighting Districts (10), Equity Assurance Districts (11), Transportation Districts (12),
Drainage and River Conservancy Districts (13), Mental Health Service (14) and any
other districts.
§3-15. Representation and Notification of Taxing Bodies.
(a) Any taxing body named in a rate objection complaint may direct the entry of a petition to intervene through an appearance by counsel of its choice. Such petition and appearance shall not be accompanied by any proposed pleading or motion, and intervening taxing bodies shall have no obligation to answer or otherwise plead to the Plaintiff's complaint. Such petition and appearance may be filed as a routine motion, if filed between the notice of filing of the initial status hearing and 90 days thereafter. Copies of the petition and appearance shall be served upon the State's Attorney and lead counsel for the plaintiffs.
(b) Counsel for an intervening taxing body who have been granted intervention and have filed an appearance shall be primarily responsible for the conduct of the litigation on behalf of the intervening taxing body. Upon intervention, counsel for the intervening taxing bodies shall provide the State's Attorney's Office with a valid email address for purposes of furthering communication regarding this litigation. In the absence of a petition and appearance by a taxing body, each taxing body shall continue to be represented by the State's Attorney in conjunction with the State's attorney's representation of the Cook County Treasurer.
(c) 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 shall mail a copy of the order to each taxing body at the last known address of record for the taxing body held by the county clerk. Upon receipt of such letter, the taxing district shall provide an email address to the State's Attorney's Office for which to receive a copy of the lead objector's complaint regarding all tax rate objections via electronic format.
§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 plaintiffs' 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.
(b) All plaintiffs' counsel and any pro se plaintiff shall personally appear at the initial status hearing. Counsel for intervening 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. Counsel for lead objector(s) shall designate which case number shall act as the "lead" case. All subsequent court documents, filed by either plaintiffs or defendants, shall be filed under the lead case number, and any additional case numbers of the other pending illegal rate objection cases for that tax year as parties deem fit.
(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, the parties shall 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. The declaration of intent to conform must be filed under the Plaintiffs' case number. 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 electronically 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) Counsel for an intervening taxing body shall appear personally at all hearings involving the objections to its taxes, unless otherwise directed by the Court. All pending objections to any taxing body which has intervened and entered an appearance by counsel may be disposed of after due notice, if such counsel fails to appear at a hearing in violation of this rule.
[Amended June 28, 2002.] [amended Februrary 17, 2022]
Section 1. Purpose and policy
(A) These rules are promulgated to implement section 3-806.1 of the Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100, et seq.
(B) These rules are designed to accomplish the following:
1. Facilitate fair, just, timely and clinically appropriate hearings for persons alleged to be subject to involuntary admission on an inpatient or outpatient basis as defined in sections 1-119 and 1-119.1 of the Mental Health and Developmental Disabilities Code or in need of psychotropic medication or electroconvulsive therapy by court order under section 2-107.1 of the Mental Health and Developmental Disabilities Code.
2. Reduce unnecessary, clinically inappropriate and burdensome transportation of persons with serious mental illnesses from mental health facilities to courtrooms.
3. Specify how videoconferencing may be utilized to permit hearings under the Mental Health and Developmental Disabilities Code when participants are in separate locations.
Section 2. General rules governing all hearings
(A) Exhibits. The proponent of any exhibit must ensure that accurate copies of such exhibit are available to all participants in a timely fashion.
(B) Public hearing. The location of the trial judge shall be open to the public and the press consistent with the provisions of section 3-800(c) of the Mental Health and Developmental Disabilities Code. A court reporter shall be present in the location where the trial judge is presiding and shall make a verbatim record of the hearing as provided in section 3-817 of the Mental Health and Developmental Disabilities Code.
(C) Courtroom etiquette. Irrespective of their location, all participants in videoconference hearings shall observe normal courtroom etiquette including rising when the judge enters the courtroom. Witnesses shall be sworn to testify under oath as in any other court hearing.
Section 3. Participation by mental health facilities
(A) Location and equipment
Any facility wishing to participate in hearings must provide:
1. A physical location for the respondent and his counsel and any other participants which has appropriate lighting and security.
2. Videoconferencing equipment compatible with the court’s system and which permits all participants to be heard and seen and to communicate.
3. A secure means of transmission of the communications to the court.
(B) Participation by application and prior approval
Any mental health facility wishing to participate in hearings through the use of videoconferencing equipment may apply to the Presiding Judge of the County Division of the Circuit Court of Cook County for approval of its videoconferencing facilities as follows:
1) The application shall specify in writing the location within the facility, the video and sound equipment and means of transmission.
2) The court may require a demonstration of the appropriateness of the arrangement to insure that it complies with subsection 3(A) of this rule.
(C) Participation on an ad hoc basis
Any mental health facility may request to have a hearing through the use of videoconferencing equipment on a case by case basis, upon making an adequate and timely showing to the court that the facilities and equipment available for such a hearing comply with subsection 3(A) of this rule.
Section 4. Hearings in which the parties are at a location other than the location of the judge
A videoconference hearing is permitted if all of the parties, including the respondent, and their lawyers, including the State’s Attorney, are at a mental health facility, or some other location to which the respondent may be safely and conveniently transported and the judge and any court personnel are in another location.
Section 5. Hearings in which the respondent and his or her counsel are at a location other than the location of the judge and any other party
A videoconference hearing is permitted if the respondent and his or her lawyer are at a mental health facility, or some other location to which the respondent may be safely and conveniently transported and all of the other participants, including the judge and any court personnel, are in another location, if, and only if, agreed to by the respondent and respondent’s lawyer.
Section 6. Jury trials
Videoconferencing may not be used in hearings in which the respondent has exercised his or her right to a jury to determine whether he or she is subject to involuntary admission on an inpatient or outpatient basis pursuant to section 3-802 of the Mental Health and Developmental Disabilities Code.
Section 7. Testimony of a witness by videoconferencing
The court may permit any witness, including any psychiatrist or other expert witness, to testify from any location by videoconferencing equipment.
[Adopted, effective September 2, 2016.]