Rules of Practice - 5th Judicial Circuit of Illinois

Rule IV.


INDEX    Rules of Practice


A. Motion Practice
(1) Notice
Written notice of the hearing of all motions shall be given by the party requesting hearing 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 of motion made within a court day of trial shall be given as directed by the court.  Notice that additional relief has been sought shall be given in accordance with Supreme Court rule 11.
(2) Content of Notice
The notice of hearing shall designate the motion judge, show the title and number of the action,  the date and time when the motion will be presented and a short statement of the nature of the motion. A copy of any written motion and off all papers presented therewith or a statement that they previously have been served, shall be served with the notice.
(3) Service of Notice
Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
(4) Time of Notice
If notice of hearing is given by personal service, the notice shall be delivered 72 hours preceding the hearing of the motion. If notice is given by mail, it shall be in accordance with Supreme Court Rule 12.
(5) Summary Judgment
Unless by leave of court for good cause shown, a motion for summary judgment shall not be heard until 10 days after service of notice of motion under Supreme Court Rule 11.
(6) Coordination of Hearing Date
It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.
(7) Failure to Call Motions for Hearing
The burden for 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 strike the motion or set the motion for hearing. This shall not prevent any other party from calling any motion for hearing.
(8) Memorandum of Law and Authorities
In all actions at law, there shall be attached to any motion or response thereto at the time of filing, a written memorandum of law and authorities. Except for good cause shown, all memorandum shall be on file at least two court days prior to the hearing. At hearing on the motion, the court shall not consider points or authorities not set forth in the memorandum.

B. Ex Parte and Emergency Motions
(1) Ex Parte Applications
Every complaint or petition which is sought an ex parte order for the appointment of a receiver, a temporary restraining order, a temporary injunction, an emergency order of protection or a writ of ne exeat republica shall be filed in the office of the circuit clerk, if that office is open, before application is made to a judge for the order.
(2) Notice not Required
Emergency motions and motions which by law may be ex parte may, in the discretion of the court, be heard without giving notice of hearing. Emergency motions shall, so far as possible, be given precedence.
(3) 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, date of the hearing, and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two days after the hearing. Notice shall be given in the manner described in Supreme court Rule 11.

Rule IV. - Motions (page 1 of 1)