Local Court Rules

1.01 - GENERAL RULES

1. Applicability: The General Rules apply to both civil and criminal proceedings. The Rules of the Circuit Court of the 18th Judicial Circuit, together with the Illinois Supreme Court Rules [not chaptered in ILCS], the Code of Civil Procedure (ILCS Ch. 735), and the Code of Criminal Procedure (ILCS Ch. 720), govern all proceedings except to the extent that the procedure in a particular kind of action is specifically regulated by a statute other than as therein provided.
2. Construction: The Rules of the Circuit Court of the 18th Judicial Circuit are to be construed in accordance with the appropriate provisions of an Act to revise the law in relation to the construction of statutes, approved March 5, 1874, as amended (5 ILCS 70/1 et seq.), and in accordance with the standards stated in Paragraph 1-106 of the Code of Civil Procedure (735 ILCS 5/1-106).
3. Enforcement: The Court shall enforce all rules and orders necessary to compel compliance with the Rules of the Circuit Court of the 18th Judicial Circuit and may apply remedies provided in Supreme Court Rules 21(c) and 219(c), as well as such sanctions, as passing the matter to the end of the call, striking it from the call or continuing it to a later date.
4. Gender: When used in the Rules of the Circuit Court of the 18th Judicial Circuit, words or phrases that import the masculine or feminine genders shall be construed to include all genders, unless such construction would be inconsistent with the manifest intention of the context.
5. Effective Date: These Rules of the Circuit Court of the 18th Judicial Circuit shall become effective upon the approval of the Court Judges. At least once each year, the Rules Committee shall be assigned to review the Rules of the Circuit Court of the 18th Judicial Circuit and recommend changes to the Circuit Judges.
6. The following short titles shall be used throughout the Rules of the Circuit Court of the 18th Judicial Circuit:

1. Code of Civil Procedure (735 ILCS 5/1-101 et seq.);
2. Code of Criminal Procedure (725 ILCS 5/100-1 et seq.);
3. Criminal Code (720 ILCS 5/1-1 et seq.);
4. Supreme Court Rules (not chaptered in ILCS);
5. Unified Code of Corrections (730 ILCS 5/1-1-1 et seq.);
6. Rules of the Circuit Court of the 18th Judicial Circuit [Local Rule(s) or Rule(s)].

1.02 POWER OF COURT TO ADOPT RULES

1. These Rules are promulgated pursuant to the Code of Civil Procedure, 735 ILCS 5/1-104(b) and Supreme Court Rule 21(a).
2. These Rules shall become effective upon the approval of the Court Judges. All prior Rules of the Circuit Court for the 18th Judicial Circuit are hereby  repealed.  Amendments and revisions to these Rules shall become effective as provided by administrative orders.

1.03 COURT REPORTING SERVICES 
(a) Employees

1. The number of court reporting services employees designated to serve the circuit shall be determined by the "employer representative" as defined by 705ILCS 70/1.
2. The Chief Judge shall appoint employees to vacant court reporting services positions, consistent with Supreme Court Rule 46 and The Administrative Regulations of 7/1/2014, as amended, which employees shall serve at the pleasure of the Chief Judge.
3. The Chief Judge, or the Administrator of Court Reporting Services under the direction of the Chief Judge, shall assign all such employees to their duties, consistent with Supreme Court Rule 46, The Administrative Regulations of 7/1/2014 and general administrative powers.

(b) Electronic Recording

Electronic reporting systems have been approved for use and installed in this Circuit. Pursuant to subparagraph (a)(3) above, court reporting services employees shall be assigned to be trained and to operate the electronic recording systems.

1. The production of the physical medium storing the electronic recording of any court proceedings shall be monitored by trained court reporting services employees who shall certify that each retained electronic recording was fully and accurately recorded at the time and place indicated. Said certification shall be affixed to and accompany the electronic recording medium, and the medium shall be securely preserved in an unaltered and unalterable condition.
2. Digital computer recordings of testimony are created for only one purpose. That purpose is to preserve the words spoken in formal courtroom proceedings, hearings and trials in a particular case, so that a transcript - the official record - may be subsequently produced. The digital computer recordings are owned by the Circuit Court of the 18th Judicial Circuit, and may only be used pursuant to rule.
3. Any spoken words in the courtroom that are not a part of a proceeding, hearing or trial of a specific case are not intended recordings; other than by authorized operators of the CourtSmart system to orient themselves on recording content, they may not be listened to or used in any way.
4. Playback of any portion of the computer recording of a proceeding, hearing, or trial of a specific case is authorized in only four situations:

1. 1. During the proceeding, hearing or trial at the direction of the Judge;
   2. By a court reporting services employee for the purpose of creating a transcript as the Official Record;
   3. At the direction of the Court for the use of the Court;
   4. Pursuant to the procedure for when the accuracy of transcript is questioned outlined in (c)(3) below.

I, __________, certify the foregoing to be a true and accurate transcript of the electronic
recording of the proceeding of the above entitled cause, which recording contained the
operator's certification as required by Local Rule 1.03(b)(2).

_____________________
(Signature)
_____________________
(License or Restricted License Number)

Date: ________

1. Every challenged portion of the transcript shall be identified in writing and provided to the Administrator of Court Reporting Services. A copy of the challenged portion of the transcript shall be given to the certifying court reporting services employee to make the necessary corrections.
2. If the certifying court reporting services employee and the person challenging the transcript's accuracy cannot agree upon the challenged portions, those portions shall be identified in writing and provided to the Administrator of Court Reporting Services.
3. The Administrator of Court Reporting Services shall cause identified portions to be reviewed against the archived electronic recording for accuracy, and designate necessary corrections to be made by the certifying court reporting services employee.
4. If the certifying court reporting services employee, in good faith, is unable to certify the corrections designated, the dispute will be placed before the judge that heard the transcribed proceeding, with notice to all necessary parties.
5. The certifying court reporting services employee shall personally appear and present the questioned transcript. The Administrator of Court Reporting Services shall present the disputed corrections, along with a digital recording of the proceedings. The judge shall review the material presented, make any necessary changes in the certifying reporter's transcript, and issue a court order certifying the transcript as accurate.

1.04 through 1.18 (RESERVED) 
1.19 MEETINGS
Where practicable, the Circuit Judges shall meet at least once every two months, on the call of the Chief Judge, to consider the business of this Court and to take such action as is required. A special meeting may be called at any time by the Chief Judge or by any two Circuit Judges. (amended eff. 1/13/10)

1.20 SELECTION OF A CHIEF JUDGE

1. A majority of the Circuit Judges shall select, by secret ballot, one of their number to serve as Chief Judge for a three-year term commencing the first Monday in December of 1996 and shall select a Chief Judge in like manner every three years thereafter. The election shall be held in September of each election year on a date established by the Chief Judge with at least fifteen (15) days written notice.
2. A Circuit Judge elected to the office of Chief Judge may not serve more than one consecutive three-year term and no Circuit Judge who was elected Chief Judge to fill a vacancy the term of which will not expire for 24 months or more shall be elected to a succeeding three-year term.
3. Acting Chief Judge: The Chief Judge shall appoint one of the Circuit Judges to act as Chief Judge in the Chief Judge's absence, who shall have the same powers and duties as Chief Judge. In the event the Acting Chief Judge is also unavailable, the most senior Circuit Judge on the premises shall act as Chief Judge.
4. Vacancy: Whenever a vacancy occurs in the office of Chief Judge, any two Circuit Judges may call a meeting of the Circuit Judges on seven (7) days notice to select a Circuit Judge to fill such vacancy in the same manner as in (a).

1.21 AUTHORITY OF THE CHIEF JUDGE

1. The Chief Judge may enter any general orders in the exercise of the Chief Judge's general administrative authority, including but not limited to orders providing for the assignment of judges, general or specialized divisions, and times and places of holding court, as provided by applicable statutes (e.g., 735 ILCS 5/1-104), Supreme Court Rules (e.g., Illinois Supreme Court Rule 21), or Local Rules. The Chief Judge may appoint personnel to assist in the performance of the Chief Judge's duties.
2. The Chief Judge may, from time to time, as the Chief Judge deems appropriate, issue administrative orders in accordance with Supreme Court Rule 21(b).
3. Copies of all administrative orders issued by the Chief Judge shall be filed with the Circuit Clerk, who shall maintain them as permanent court records. All such administrative orders shall be available for inspection as public records, pursuant to the Freedom of Information Act, 5 ILCS 140/1 et seq.
4. All administrative orders relating to Judicial and case assignments shall be submitted for publication in a local paper on or before their effective date, if practical.

1.22 (RESERVED) 
1.23 MOTION FOR SUBSTITUTION OF JUDGE FOR CAUSE 
(a) Except for cases assigned to one of the Field Courts, the following procedure shall be followed in all cases in which a Motion for Substitution of Judge for Cause has been filed:

(1) All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

(2) After a Motion for Substitution of Judge for Cause is filed, the named judge shall after determining that the petition meets the applicable statutory and legal requirements for a hearing, immediately transfer the motion to his or her Presiding Judge for assignment or hearing. A Motion for Substitution of Judge for Cause naming a Presiding Judge shall be transferred to the Chief Judge for assignment or hearing.

(3) Without leave of court, no judge may be subpoenaed to testify at the hearing on a Motion for Substitution of Judge for Cause. The judge named in the motion need not testify, but may submit an affidavit if the judge wishes. 

(4) If the Motion for Substitution of Judge for Cause is granted, the case shall be assigned to another judge within the Division, or if the motion is heard by the Chief Judge, he or she may retain the case.

(b) When a Motion for Substitution of Judge for Cause has been filed in a case assigned to the Field Courts, all of the above rules shall apply, except the case shall be transferred to the Presiding Judge of the Traffic Division on a date approximately two weeks following the motion's presentment, at which time the motion shall be heard. If the motion is denied, the case shall be transferred back to the originating Field Court on the arresting officer's next regular court date. If the motion is granted, the case shall be transferred to the misdemeanor courtroom assigned to hear cases from the originating Field Court. (amended eff. 7/13/11)

1.24 AUTHORITY OF PRESIDING JUDGES - REVOKED (eff. 7/13/11)
1.25 ATTORNEY REGISTRATION - ADDRESSES OF PARTIES AND ATTORNEYS

1. The Clerk of the Circuit Court shall maintain a master attorney registration file with a computer identification number in such manner the Clerk deems necessary to properly identify the attorneys of record in a matter pending before the Court.
2. Every attorney at law practicing before this Court shall register with the Clerk of the Circuit Court and obtain an attorney registration identification number.
3. The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include thereon an attorney identification number.
4. All attorneys shall file an appearance with the Clerk before addressing the Court on behalf of any represented party. If the matter involves a post-trial motion for the enforcement of a judgment, an appearance fee charged by the Clerk shall be waived.

1.26 HANDLING OF ALL WRITS IN CRIMINAL PROCEEDINGS
Upon the issuance of any writ or process, the Clerk of the Court shall promptly deliver said writ or process to the Sheriff, or to such person as the law directs, for service.

1.27 APPEARANCE OF COUNSEL
An attorney representing a party in any civil or criminal matter shall file an appearance before addressing the Court.

1.28 JUDICIAL SUPERVISION OF THE USE OF EAVESDROPPING DEVICES
To provide uniformity in judicial discretion contained in 725 ILCS 5/108A-7 and 108A-8, the Court directs as follows:

1. All original applications and orders of authorization for the use of eavesdropping devices, or denial orders, shall be retained by the Court and delivered to the Clerk of the Court who shall take custody thereof, assign a file number and impound the file subject to further order of the Court.
2. Within seven (7) days following the expiration time period stated in the order of authorization, the State's Attorney shall advise the Court as to the names of the persons whose communications were intercepted; produce any recordings made; and advise the Court of any other information the Court shall require.
3. The State's Attorney shall then, upon being ordered by the Court, give notice to persons whose communications have been intercepted and a copy of said notices shall be filed with the Clerk of the Court.

1.29 DECISIONS WITHIN SIXTY (60) DAYS

1. All judges are encouraged to render their decisions promptly when matters are ready for decision, and except as hereinafter provided, no judge of this Circuit shall keep a matter under advisement or fail to render a decision in a matter submitted to that judge for a period of time greater than sixty (60) days from the date such matter is taken under advisement.
2. For the purposes of Rule 1.29, a matter is taken under advisement:

1. If the issue to be decided is a factual issue, at such time as the proofs have been closed;
2. If the issue to be decided is a legal issue, at such time as the Court has received briefs as may have been ordered by the Court and heard arguments as may have been ordered;
3. If the issues are both factual and legal, it shall be considered as if the case involved legal issues only, after the proofs have been closed.

 

1.30 PHOTOGRAPHING, RECORDING, BROADCASTING OR TELEVISING IN OR NEAR COURTROOMS 

1. Pursuant to Supreme Court Rule 63A(8)(7), amended February 2, 2017, except as provided in the Illinois Supreme Court Policy for extended Media Coverage in the Circuit Courts of Illinois, it is hereby ordered that the taking of photographs, audio or video recordings, or broadcasting by radio, television or other electronic means, in connection with any judicial proceeding, in any courtroom or in areas immediately adjacent to any courtroom, including public hallways, of any courthouse of this circuit are prohibited.  This prohibition includes the audio or video transmissions, or recordings of judicial proceedings made by laptop computers, tablets, cellular telephones and other wired or wireless data transmission and recording devices. To effectuate the purpose of this rule, such devices are prohibited in the Courthouse, except as provided in this rule.
2. Anyone found using equipment to record or transmit court proceedings in violation of this rule shall be subject to prosecution for Contempt.
3. Access to the Judicial Office Facility shall not be denied to the following persons possessing cellular telephones, laptop computers, tablets and other wired or wireless data transmission and recording devices. equipped with cameras or recording capabilities:

1. Judicial Office Facility employees with DuPage County-issued identification badges;
2. Licensed attorneys who have been issued DuPage County identification badges;
3. Licensed attorneys upon presentation of a current valid Attorney Registration and Disciplinary Commission card along with photo ID;
4. Jurors upon presentation of a valid Jury Summons or jury badge.  Jurors will be allowed to bring cellular telephones, tablets, laptop computers and other wired or wireless data transmission devices equipped with cameras or recording capabilities into the jury lounge area of the Judicial Office Facility, but will be denied access to those devices once selected for voir dire or service on a jury.
5. Other authorized personnel approved by the Sheriff's Office.
6. Persons authorized by a judge with a court order specifying the type of equipment to be permitted into the courthouse and for what time period.

1. Court Reporting Services Employees may make recordings of courtroom proceedings in the performance of their regular duties;
2. Incidental to ceremonial proceedings, any judge of this circuit, with the permission of their Presiding Judge or the Chief Judge may permit the taking of photographs, audio or video recordings, and broadcasting by radio and television, within the area of the judge's courtroom, chambers or court offices;
3. Security cameras to monitor the safety of the facility are allowed in the Courthouse. These are to be installed and monitored by authorized County Employees only.
4. In special circumstances as authorized by the Chief Judge.

1.31 JUDICIAL REVIEW OF LOCAL ELECTORAL BOARD DECISIONS

1. Whenever the DuPage County Board of Elections is charged with the responsibility for printing ballots, providing election materials, or providing for absentee voting in any federal, state or local election, it shall be a necessary party to any proceeding for judicial review of decisions of electoral boards pertaining to such elections.
2. The Petitioner in any proceeding which falls under Rule 1.31(a) shall serve upon the DuPage County Board of Elections written notice of the filing of any such proceedings within twenty-four (24) hours of the filing of the petition.

1.32 (REVOKED 11/20/01)
1.33 LAW LIBRARY RULES OF CONDUCT

The 18th Judicial Circuit and DuPage County maintain a law library for the benefit of all users of the Court system, including attorneys, litigants, law students, and all members of the general public. Significant resources are required to maintain and staff the library. Rules of library use and conduct have been promulgated to ensure access to all library resources and to secure an adequate level of service and supervision in the library. All library users are required to adhere to these rules.

Unauthorized removal of library materials is prohibited.
Library property must not be damaged.
Library users may not enter any unauthorized or private areas of the library.
Books and other library materials must be re-shelved after use.
Cellular phone use in the library is prohibited.
Food or beverages are prohibited in the library.
Briefcases may not be placed on the library tables.
Be respectful of others using the library, and avoid noisy or disruptive behavior.
Follow the reasonable instructions of the library staff regarding the use and access to library materials.

1.34 PROCEDURE UPON REMAND FOR FURTHER PROCEEDINGS

1. When a reviewing court remands a case for further proceedings, and the mandate has been filed in the Circuit Court, the Circuit Court Clerk shall assign the case a remand status date within 30 days of the mandate being filed. The case shall be set in the courtroom from which the case was appealed.
2. The Circuit Clerk shall provide ten-day notice of the remand status date by including said notice within the Notice of Reviewing Court Mandate, which Notice is currently provided to parties and attorneys of record by the Circuit Clerk pursuant to Rule.

2.01 OFFICE OF THE CLERK
a)      The Clerk of the Circuit Court shall maintain a principle office at 505 North County Farm Road, Wheaton, Illinois. 

b)      The Office of the Clerk shall be open for business from 8:00 a.m. to 4:30 p.m. of each working day. The Office of the Clerk shall not be open for business on any Saturday or Sunday. The Office of the Clerk shall not be open for business on any day declared by administrative order of this Court to be a legal holiday. 

2.02 FILING OF DOCUMENTS
a).Any document to be filed in any criminal cause or proceeding may be filed in person, by mail, private messenger, authorized electronic filing service, or parcel delivery service.

b).Any document to be filed in a civil cause or proceeding, except as set for the 2.02 (e) below, must be filed electronically through an approved electronic filing vendor.  Paper filings may be accepted pursuant to Illinois Supreme Court Rule 9(c).
 
c).Any document to be filed in any cause or proceeding pending in the Traffic Division may be filed either at 505 North County Farm Road, Wheaton, Illinois, through an authorized electronic filing service, or at the court where the cause or proceeding is pending. 

d).Pleadings, motions and other documents filed with the Clerk and not served in compliance with Supreme Court Rules 11 and 12 shall be stricken.

e).Any annual or biennial report or accounting to be filed in a guardianship case may be filed in person, by mail, private messenger, authorized electronic filing service, or parcel delivery service.

2.03 REMOVAL OF DOCUMENTS FILED
No document filed in this Court shall be removed from the Clerk's office except upon order of court. 

2.04 COPIES OF PAPERS FILED
Upon request and the payment of the appropriate fee, the Clerk shall provide copies of any document filed in this Court unless otherwise specifically ordered. 

2.05 DELIVERY OF FILES TO COURT SECURITY OFFICERS
The Clerk may deliver a file, or any part thereof, in any case to a court security officer upon the order of any judge of this Court. 

2.06 OPENING OF DEPOSITIONS
The Clerk of the Court is hereby authorized to open and file all sealed depositions that are hereafter returned to the Court, unless the Court by order entered in the particular case shall otherwise direct. 

2.07 MAINTAINING DAILY CALL SHEET
The Clerk shall maintain a daily call sheet for each judge showing cases set for hearing and the hour of the day they shall be heard. 

2.08 FILES PRESENT IN COURTROOM
Unless otherwise directed by the judge, the Clerk shall have present in court the files or electronic access to each case set on the daily call sheet and call such cases for hearing at the times set therein. 

2.09 CUSTODY OF EVIDENCE
a). The Clerk of the Court shall take custody of all items admitted into evidence by the court at any proceeding, hearing or trial. The Clerk shall preserve, safeguard and account for each piece of admitted evidence until specifically relieved of that duty by court order, and shall bring the evidence back into the courtroom as required by the judge. During times when court is not in session, every effort shall be made by the Clerk to secure all contraband items or items of intrinsic value or danger in a secure safe or a locked storage area, and not entrust them to the possession of another. 

b).Items in evidence, removed by order of court from the Clerk's custody for any reason, shall be specifically listed in a written order or enumerated orally on the record, and entrusted to a named individual, such as a Deputy Sheriff, Bailiff or attorney. When the need for alternate custody has been concluded, all such items shall be immediately returned to the custody of the Clerk, and the return of each item shall be memorialized by written order or enumerated orally on the record. 

c).At the conclusion of the case, the Clerk shall retain custody of all items in evidence, preserving, safeguarding and accounting for them until such time as the Clerk may be relieved of custody by order of court. 

d).Items offered but not accepted into evidence by the court shall be retained by the proffering party, unless ordered to be taken into the custody of the Clerk for purposes of future review. Once taken into custody by the Clerk, they shall be preserved, safeguarded and accounted for in the same manner as items in evidence. 

e).This rule applies equally to all types of cases heard in the 18th Judicial Circuit.  Litigant/attorney shall provide a copy of their exhibit list(s) to the courtroom clerk at the commencement of the trial.

f).This rule applies to all case types heard in the 18th Judicial Circuit.

2.10 RECORD KEEPING
The Clerk shall assign numbers on all cases filed, in accordance with the Supreme Court Manual on Record Keeping. 

2.11 (RESERVED)
2.12 APPLICATION TO WAIVE COSTS AND FEES (CIVIL ACTIONS)

(a) Initial Application. Forms of application for waiver of court cost and fees ("Waiver Application") pursuant to Supreme Court Rule 298, shall be as provided by administrative order. At the court's discretion , upon initial review. any Waiver Application may be set for hearing within 5 to 10 business days by telephone or video conference in accordance with Supreme Court Rule 45 and its policy on remote court proceedings, where applicable. At hearing, all Waiver Applications shall be reviewed along with supporting documentation and/or other evidence. Cost associated with notice by publication are not subject to waiver pursuant to this rule.

(b) Periodic Review. In case where a Waiver Application has been granted, the judge presiding over the case shall evaluate whether the party receiving the waiver continues to qualify, pursuant to 735 ILCS 5/5-105

Any Waiver Application required under this subsection shall be filed in the courtroom where the case is pending at the time and shall be reviewed under the same standards as subsection (a).

Upon filing a notice of appeal, any hearing scheduled under this subpart shall automatically operate as an order pursuant to Supreme Court Rule 323(e) to toll the time to file report of proceedings in the reviewing court under Supreme Court Rule 326 until any hearing is resolved.

Upon filing a notice of appeal, the applicant shall file a petition stating what and why requested fees and costs are necessary to the appeal, including specific dates (if applicable) as to the fees and costs requested.

2.13 NON-WAGE GARNISHMENT
The Clerk of the Circuit Court of DuPage County shall not accept an affidavit for a non-wage garnishment and shall refuse to issue summons in such proceeding based upon a judgment by confession unless such judgment is confirmed after service of process. 

2.14 WAGE DEDUCTION
a).At the time of the issuance of a Wage Deduction Summons the Circuit Court Clerk shall set a "turnover date" on the calendar of the assigned judge, unless the judgment creditor or the judgment creditor's attorney specifically requests that no "turnover date" be set. The "turnover date" shall be at least twenty-one (21) days from the return date of the summons. 

b).Where the judgment creditor or the attorney for the judgment creditor waives the setting of a "turnover date" at the time of the issuance of the Wage Deduction Summons, the judgment creditor or attorney for the judgment creditor must thereafter send Notice of Motion to the judgment debtor and the employer of the date for entry of a turnover order. 

c).Upon the filing of a Notice of Motion for a Wage Deduction Exemption Hearing by the judgment debtor, the Circuit Clerk shall assign a hearing date to coincide with the "turnover date" previously set. In the event no "turnover date" has been set, the Circuit Clerk shall assign a hearing date not less than twenty-one (21) days from the return date of the summons. 

d).It shall be the responsibility of the judgment debtor or the attorney for the judgment debtor to send notice of the hearing to the judgment creditor, attorney for the judgment creditor and the employer. Failure of the judgment creditor to appear will result in dismissal of the garnishment proceeding. 

e).When an employer seeks to vacate a conditional judgment, the employer must file an answer at the time the motion to vacate is filed, and must send Notice of Motion, together with an answer and motion to vacate, to the judgment creditor or attorney for the judgment creditor and the judgment debtor. 

f).Approved forms shall be available at the office of the Circuit Clerk. 

2.15 NOTICE OF APPEAL
Upon the filing of a Notice of Appeal in any matter, the Clerk of the Court shall immediately deliver a copy of said Notice to the Administrator of Court Reporters. 

2.16 TRANSFERRED CASES
Any case received by the Clerk of the Court as a result of a transfer from another county will be assigned a case number. The records of the Clerk of the Court shall reflect that file as a transferred case, reflect if a jury trial demand has been filed, and shall separately list all documents transferred within that file. In addition, the Clerk of the Court shall set a status date approximately sixty days from the date of receipt of the file in the courtroom to which the case is assigned. The Clerk shall send notice to all parties who have appeared of that status date. 

2.17 CLERK TO PREPARE PRE-PRINTED APPROVED FORMS 
a) It shall be the duty of the Clerk to make available to the public, free of charge, pre-printed forms or electronic templates as indicated throughout these Rules. 

b) Pre-printed forms or electronic templates must be approved by the Chief Judge, prior to distribution. 

c) Revisions and modifications to existing pre-printed forms or electronic templates must be approved by the Chief Judge, prior to implementation of the change.

3.01 ADDITIONAL COURT SECURITY OFFICERS
The Sheriff shall provide additional Court Security Officers at any session of court when requested by the Judge.

3.02 RULES AS TO COURT SECURITY OFFICERS
The rules governing the Court Security Officers assigned by the Sheriff to courtrooms shall be in accordance with the rules adopted by a majority of the Circuit Judges.

4.01 JURORS: SELECTION AND TERMS OF SERVICE
All matters pertaining to the selection of jurors and terms of jury service shall be governed by administrative order.

4.02 FAILURE TO RESPOND TO JURY SUMMONS
(a) Whenever a person lawfully summoned to jury duty has failed to appear and has failed to provide a reasonable and timely excuse, the Jury Commission shall defer such person's jury duty to approximately thirty (30) days from the original date of service and issue a notice by first-class mail advising the person of the delinquency and deferral.

(b) At such time as the services of a previously delinquent prospective juror are required, but not less than thirty (30) days from the original date of service, the Jury Commission shall cause to be issued a second summons, in accordance with established procedures.

(c) If a juror lawfully summoned to jury duty fails to appear, the jury commissioners may, at their discretion, issue a notice to said person directing said person to appear before them for a hearing at a date and time as the commissioners may determine. Such notice will inform the person of the jury commissioners' intent to file a Petition for a Rule to Show Cause with the Chief Judge upon failure to appear. Notice of any such hearing shall be delivered by certified return receipt requested mail.

(d) At said hearing, the jury commissioners shall take testimony from delinquents and may, at their discretion, excuse a person from jury duty, defer the jury duty to a later date or file a Petition for a Rule to Show Cause for contempt of court with the Chief Judge pursuant to 705 ILCS 305/15.

(e) If a person fails to appear for the scheduled hearing, a Petition for a Rule to Show Cause shall be filed with the Chief Judge.

(f) The jury commissioners shall state in the Petition for a Rule to Show Cause the name of each delinquent juror against whom a Rule to Show Cause is requested, together with the delinquent juror's address and the dates of jury service upon which the person failed to appear.

(g) The Chief Judge or the Chief Judge's designate shall have a Rule to Show Cause prepared against each person so named and shall cause it to be served personally by the Sheriff, by certified mail or by other means of delivery permissible by statute as the Court may direct.

(h) Hearing:

1. If the person against whom the Rule to Show Cause is drawn appears, a hearing shall take place before the Chief Judge or the Chief Judge's designate to determine if said person is in contempt of court;
2. Failing to appear before the Chief Judge or the Chief Judge's designate in response to the service of the Rule to Show Cause may result in a finding of contempt and the issuance of a warrant;
3. In the event that the Court enters a finding of contempt, it shall then enter a sentence which it deems appropriate.

4.03 COMPENSATION OF JURORS
(a) All prospective and impaneled grand and petit jurors shall be compensated from the DuPage Treasury for per diem services and travel expenses, in accordance with 55 ILCS 5/4-11001. The rate of per diem and mileage shall be determined by the County Board.

(b) Approximately once each week, a list of jurors shall be submitted to the County Treasurer, indicating in itemized format the amount to be paid to each juror for per diem fees and travel expenses. Upon receipt of such a list, the treasurer shall issue appropriate checks. The stub of each check shall certify the number of days served by the juror.

4.04 JURY SERVICES AT CORONER'S INQUEST
Jury services for inquests of the DuPage County Coroner shall be provided by the Office of the Coroner, according to such rules and procedures as the Coroner deems appropriate.

4.05 JURY COMMISSION
(a) The Office of the Jury Commission shall consist of three (3) Commissioners appointed in accordance with 705 ILCS 310/1. The Office of the Jury Commission also shall consist of the Administrator, and such clerks and assistants as the Jury Commissioners deem necessary and appropriate with the approval of the Chief Judge.

(b) The Chief Judge or the Chief Judge's designate shall review all fiscal claims against the accounts of the Jury Commission for goods and services as to their necessity and propriety. Each such claim must bear the signature of the Chief Judge or the Chief Judge's designate before disbursement is made by the County Treasurer.

5.01 AUTHORITY
a) Specific authority for electronic signatures, time of electronic filing and electronic service has been granted by Supreme Court Order M.R. 18368, filed October 24, 2012.

b) Pursuant to a letter dated November 6, 2015 from the Director of the Administrative Office of the Illinois Courts, commencing January 1, 2016 all fillings in civil cases must be made electronically (e-filing).

c) Pursuant to Supreme Court Order entered January 16, 2018 and in reference to Supreme Court Order M.R. 18368, effective July 1, 2019 all civil case filings must be electronically filed using the statewide eFileIL system.

5.02 EFFECTIVE DATE
These rules shall become effective on January 1, 2013 and remain in effect until further order.

5.03 DESIGNATION OF ELECTRONIC FILING CASE TYPES
(a) This Court hereby authorizes all civil cases with the exception of WF (Will Filing) as permissible electronic filing case types. From time to time, with the approval of the Director of the Administrative Office of the Illinois Courts, the Court may authorize, by written Administrative Order, additional types of cases to be processed via electronic filing. The Circuit Court Clerk shall direct the phasing in of additional implementation.

(b) Any notice of appeal and post judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.

5.04 DEFINITIONS
The following terms in these rules are defined as follows:

(a) Conventional manner of filing - The filing of paper documents with the Clerk as is done in cases that are not e-file cases.

(b) Electronic Document ("e-document") - An electronic file containing informational text.

(c) Electronic Filing ("e-file") - An electronic transmission of information between the Clerk of the Circuit court and a Vendor for the purposes of case processing.

(d) Electronic Image ("e-image") - An electronic representation of a document that has been transformed to a graphical or image format.

(e) Electronic Service ("e-service") - An electronic transmission of documents to a party, attorney or representative in a case via the vendor. However, e-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

(f) PDF - Portable Document Format (PDF) is a file format that preserves all fonts, formatting colors and graphics of any source document regardless of the application platform used.

(g) Subscriber - One contracting with a Vendor to use the e-filing system.

(h) Vendor - A company or organization that has an executed Electronic Information Project Agreement with the Clerk of the Circuit Court to provide e-filing services for the 18th Judicial Circuit or any electronic filing service provider (EFSP) certified for filing into the Supreme Court mandated eFileIL system.

5.05 AUTHORIZED USERS
(a) The Clerk of the Circuit Court shall accept and approve filings electronically through a Vendor or through the Clerk's computer workstation.

(b) The Clerk of the Circuit Court shall allow the filing of a document or pleading using the conventional manner of filing subject to Rule 2.02 (a) and (b).  At no time shall the e-filing program prevent or exclude the ability to file and valid pleading with the Clerk of the 18th Judicial Circuit Court.  In those circumstances, the Clerk shall scan conventionally filed documents into the electronic file. 

(c)  Each attorney shall register with an approved e-filing vendor and provide their DuPage attorney registration identification number on any filings (i.e. local rule 1.25).  Pro-Se parties shall register using a valid credit card, debit card, or other valid electronic payment method. All other justice community users shall be registered upon confirmation of authorization by the Clerk of the Circuit Court.  Court partner agency users and individual registrations will be used to identify the source of e-filed documents submitted to the court electronically.

(d) Pro-se litigants may utilize e-filing through a Vendor on the Internet by means of individual transactional agreements and credit card payment.

(e) Without charge during normal business hours, the Clerk of the Circuit Court shall provide attorneys and parties in e-file cases access to an e-file computer workstation. 

5.06 FILING OF EXHIBITS
(a) Physical items for which a photograph may be substituted may be electronically imaged and e-filed.  Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk's Office or in the Courtroom, as directed by order of the court and in conformity with Supreme Court "Electronic Filing Standards and Principles".  The Motion and Notice of Motion for permission to file any of these physical items may be done electronically.

(b) Electronically filed exhibits may be filed with their associated pleading, motion, or document in the same PDF as long as size limits allow for it.  Any documents or exhibits filed separately from their associated pleading, motion, or document due to size limitations, even if (filed in the same transaction), shall be filed with the DuPage Exhibit Cover Sheet, Form 4393. Exhibits tendered without the appropriate cover sheet may be rejected for filing.

5.07 MAINTENANCE OF ORIGINAL DOCUMENTS
(a) Anyone filing an electronic document that requires an original signature certifies by so filing, that the original signed document exists in the filing person's possession. Unless otherwise ordered by the Court, the filing party must retain the original document as signed either conventionally or electronically, until one year after the date that judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review.  The filing party shall make those signed originals available for inspection by the Court, the Clerk of the Court or by other counsel in the case, upon five (5) days notice. At anytime, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document, which shall be provided within five (5) business days upon reasonable notice.

(b) The Clerk of the Court shall create and maintain a paper copy of all e-filings in all criminal cases as well as WF (Will Filing) in a parallel manual court file.

5.08 PRIVACY ISSUES
It is the responsibility of the filing party or counsel to insure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or private information defined in Supreme Court Rules 15 and 138.

Documents in confidential, impounded, or sealed cases may be electronically filed. For cases not subject to mandatory E-Filing, documents may be submitted conventionally to the clerk's office for filing.  A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.  The motion must include an explanation of how the document meets the legal standards for filing sealed documents.  The document in question may not be attached to the motion as an attachment.

Any document submitted electronically that is improperly marked in a Vendor E-File system as confidential without a valid legal basis may be filed by the Circuit Clerk as a non-confidential filing.

In addition to the materials referenced in Supreme Court Rules 15 and 138, parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifies from all documents electronically filed with the court, including exhibits, thereto, unless otherwise ordered by the Court.

1. Social Security Number and Driver's License Number - If an individual's social security number or drivers license number must be included in a document, only the last four digits of the number shall be used.
2. Names of Minor Children - If the involvement of a minor child must be mentioned, only the initials of that child's name shall be used; however, if the minor is a named party to the action, the full name of the minor shall be used, absent leave of Court.
3. Dates of Birth - If an individual's date of birth must be included in a document, only the year shall be used.
4. Financial Account Numbers and Debit/Credit Card Numbers - If financial account or Debit/Credit Card numbers are relevant, only the last four digits of these numbers shall be used.

The effective date of Supreme Court rule 138 is July 1, 2013

5.09 FORMAT OF DOCUMENTS
(a) All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings. Additionally, each electronically filed pleading and document shall include the case title, case number and the nature of the filing.

(b) Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro se party filing such document. Attorneys shall include their DuPage County Attorney Number on all documents.

(c) Documents must be converted to PDF directly from the program creating the document, rather than from the scanned image of a paper document. Documents only in paper format may be scanned and converted to PDF for electronic filing.

(d)  In as much as technology changes, the maximum file size allowable is available in the vendor's user manual.  If a document exceeds the maximum size allowed, the filer will file multiple documents, each under the maximum file size.  In such case, the user will be responsible for dividing the document into appropriately sized parts and placing a cover page on each document providing the case number, case title, and part number (i.e. 1 of 4, 2 of 4, etc...). Exhibits filed separate from their associated document must use the exhibit cover sheet defined in rule 5.06(b).

(e)  Any electronically filed document must be unalterable (PDF), and be able to be printed with the same contents and formats as if printed from its authoring program.  The e-filing vendor is required to make each electronically filed document that is not infected by a virus available for transmission to the Clerk immediately after successful receipt and virus checking of the document.

(f)  Bulk filings of multiple cases or multiple documents combined into one PDF document shall not be accepted. Documents with different case numbers must be filed individually in separate transactions. Filing of individual documents within the same case will be accepted in a single electronic filing transaction.

(g)  Documents not complying with the format specified by the applicable statute, local rule, or standards may be rejected.

(h)  Electronic documents containing links to material either within the filed document or external to the filed document are for convenience purposes only. The external material behind the link is not considered part of the filing or the basic record.

5.10 SIGNATURES AND AUTHENTICATION
(a)  Any document filed electronically, including all pleadings, motions, documents, etc., using a verified user authentication shall be deemed to have been signed by the holder of the user authentication.  Documents containing facsimile or typographical signatures may be filed electronically and shall be deemed to have been signed in person by the individual identified. 

(b)  In the absence of a facsimile or typographical signature, any document electronically filed with a user’s identification and password is deemed to have been personally signed by the holder of the user identification and password.

(c)  Documents containing signatures of one or more persons or third parties may be filed electronically and shall bear a facsimile or typographical signature. The filing party or attorney must confirm approval of all persons, persons not a party to the case or not registered persons, required to sign the document.

(d)  Original signatures of all non-electronic filers must be obtained before filing the document.  The document must indicate the identity of each non-registered signatory.  The filing party must retain the original document until one year after the date that the judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review.

(e)  Signatures as defined in subparagraphs (a), (b), (c), (d), (g), and (h), satisfy Supreme Court Rules and statutes regarding signatures, and give rise to the application of available sanctions when appropriate.

 (f)  An original signed document that has been electronically filed pursuant to subparagraphs (a), (b), (c), and (d) above, shall be maintained and preserved as required by Rule 5.07.

(g)  Where a Clerk is required to endorse a document, the typed name of the clerk shall be deemed to be the clerk’s signature on an electronic document.

(h)  All Judges’ and other necessary electronic signatures shall be captured and maintained by the Circuit Court Clerk.  Each signature shall be protected by internal system security measures and use security tokens and encrypted passwords to authenticate the use of the e-signature.

5.11 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
(a) Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk's electronic filing stamp.

(b) A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.

(c) The transmission date and time of transfer shall govern the electronic file mark.  Pleadings received by the clerk before midnight on a day the courthouse is open shall be deemed filed that day.  If filed on a day the courthouse is not open for business, the document will be deemed filed the next business day.

(d) Upon receipt by the Vendor, and submission of an electronic document to the Clerk, the Vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt, and serve as proof that the document has been submitted to the Clerk. A Subscriber will receive e-mail notification from the Vendor if a document is not accepted by the Clerk's office. In that event, the Subscriber may be required to re-file the document to meet necessary filing requirements.

(e) Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp. The stamp shall be endorsed in the name of the Circuit Clerk by the deputy clerk accepting the filing, and shall include the identification of the court, the official time and date of filing and contain the word "FILED". This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronic documents are not officially filed without the electronic filing stamp. Filings so endorsed shall have the same force and effect as documents time stamped in the conventional manner. 

5.12 ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE
(a) Electronic service is not capable of conferring jurisdiction. Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.

(b) All other documents may be served upon the other parties or their representatives electronically through the e-file vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the Vendor's system.

(c) If a party or party's designee has not subscribed to a Vendor's services, service of all other documents via facsimile transmission is hereby authorized. In the event of service via facsimile, the Vendor's system will record the date and time the fax transmission was completed in the proof of service for that transaction. If neither e-file nor fax transmission service is possible, the Vendor shall provide service by mail, and charge back the cost to the Subscriber.

(d) E-service via email shall be deemed complete on the first court day following transmission by the e-file vendor or party.  The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document. (amended eff. 7/17/13)

(e) If electronic service on a party does not occur because of (1) inaccessibility to the Vendor's system, (2) an error in the Vendor's transmission of notice to the party being served, (3) the Vendor's failure to process the electronic filing for service or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

(f) The e-filing Vendor is required to maintain an e-service list for each e-filed case. The Vendor shall immediately update the service list upon being given notice of new contact information. Whenever a document is submitted for service upon other parties by the e-filing Vendor's system, the e-filing Vendor shall use the most current e-service list to perform service.

(g) All Subscribers and other participants must immediately, but not later than ten business days prior to when such a change takes effect, notify other parties, the Clerk and the e-filing Vendor of any change of firm name, delivery address, fax number or e-mail address.

(h) Paper courtesy copies of documents customarily required to be provided to the court shall continue to be required in e-file cases, absent a specific court order to the contrary. 

5.13 COLLECTION OF FEES
(a) The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

(b) Approved vendor's shall electronically transmit to the Clerk's bank account all statutory filing fees required for electronic filings. The Vendor shall electronically provide the Clerk's Accounting Department a detailed breakdown including transaction identifier and/or case number, type of transaction and party being billed for the payment for each deposit. The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the Subscriber through direct billing of that Subscriber, unless the payment of the fee has been waived by court order or law.

(c) Fees charged to e-filing Subscribers by the Vendor for Vendor services are solely the property of the Vendor and are in addition to any statutory fees associated with statutory filing fees.

(d) Copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rule or statute.

(e) In the event the Court orders a monetary refund from any e-file transaction, the amount refunded will be less any credit card or vendor fees that may have been charged by an e-filing vendor. The Circuit Clerk shall refund upon order of Court only the amount that has been received from the eFile vendor.

5.14 SYSTEM OR USER ERRORS
(a) The Court and Clerk of the Circuit Court shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.

(b) If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the Vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

(c) In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court's order to accept a subsequent filing effective as of the date filing was first attempted, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.

5.15 VENDOR CONDITIONS
(a) Approved EFSP's for eFileIL and E-Filing Vendor(s) with Electronic Information Project Agreements executed with the Clerk of the Circuit Court are hereby appointed to be the agent of the Clerk of the Circuit Court regarding electronic filing, receipt, service and/or retrieval of any pleading or document via the e-filing Vendor system.

(b) The e-filing Vendor shall make electronically filed documents, and documents being served electronically through the e-filing Vendor's system, available to subscribers and the designated court authorized users through the e-filing Vendor's system in accordance with the current contract between the Clerk and the e-filing Vendor, and consistent with the Supreme Court's Electronic Access Policy for Circuit Court Records of the Illinois Courts.

(c) The e-filing Vendor may require payment of a fee or impose other reasonable requirements by contract with a Subscriber as conditions for processing electronic filings. Pursuant to contract terms, the e-filing Vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

(d) The Chief Judge of the Court or his/her designee, in coordination with the Clerk of the Court, shall review and approve the terms of the Subscriber Agreement. The Vendor shall provide at least 30 days notice prior to the effective date of any Subscriber Agreement changes.

5.16 AUTHORITY FOR E-RECORDS
Specific authority for designating the electronic record as the official court record has been granted by Supreme Court Order M.R. 1218, filed October 24, 2012.

(a) Effective date - These rules shall become effective on July 10, 2014 and remain in effect until further order.

(b) Designation of electronic record case types - This Court hereby authorizes all electronic court records to be the official court record. This includes all civil (AD, AR, CH, DC, DN, ED, EV, FA, FC, GC, LA, LM, MH, MR, OP, PR, SC, and TX) case types. The Court may authorize, by written Administrative Order, the electronic records of additional types of cases to be the official court record. The Circuit Court Clerk shall direct the phasing in of additional implementation. 

(c) Definitions - The following terms in these rules are defined as follows:

Electronic Record – All official trial court records for a case filed and stored electronically, except all documents required to be maintained in original form.

Print On Demand – The ability to print any electronic document for use by judges, court personnel, lawyers, litigants and the public.

(d) Electronic Access to Records – This Court adopts the Supreme Court’s Electronic Access Policy*.  Access to the electronic court record will be available consistent with this policy.  All protected information will be viewable only by the parties of record consistent with the Supreme Court’s General Administrative Order on Recordkeeping in the Circuit Courts** and applicable laws.  The electronic record can be accessed at any time subject to unexpected technical failures, normal system maintenance, or as may otherwise be technically feasible.

(e) Protecting Electronic Record - The Clerk of the Circuit Court shall ensure the migration and safety of the Court’s records through regular maintenance of the hardware and software, and replication of the data to offsite storage facilities. (Added 07/09/2014)

 * ~ https://www.illinoiscourts.gov/Resources/06ede12c-7e30-4e5f-b76b-e4e26b234d3b/PubAccess.pdf

** ~ https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/6836921f-f677-438f-baea-8ba71401234b/111412_2.pdf

5.17 SUMMONS ON NEW CASE FILINGS
(a) Summons that require a court date shall be filed in a separate electronic filing transaction from the complaint. The summons may be filed electronically after the Circuit Clerk has filed the complaint, assigned a case number and court location.

6.01 AUTOMATIC STATUS DATES
(a) All Chancery (CH), Tax (TX) cases as shall be designated by administrative order shall be given an automatic status date one hundred twenty (120) days from the date of filing, at the hour normally set for hearing such causes and shall be assigned for Case Management Conferences at a date and time to be determined by the assigned judge.  All Dissolution of Marriage (DC or DN) cases, Paternity/Child Support (FA) cases and such Miscellaneous Remedies (MR) cases as shall be designated by administrative order shall be given an automatic case status date sixty (60) days from the date of filing, at the hour normally set for hearing such causes and shall be assigned future status hearings at a date and time to be determined by the assigned judge.

(b) All Law (LA), Eminent Domain (ED), Eviction (EV) and Law Magistrate (LM) cases shall be given an automatic status date approximately ninety (90) days from the date of filing for hearing at 9:05 a.m. and an automatic Case Management Conference date approximately one hundred seventy (170) days from the date of filing at 9:10 a.m. cases shall not be Case Management Conference date

(c) (Rule establishing an automatic status date repealed effective January 23, 1997.)

(d) All Probate (PR) cases shall be given an automatic status date one (1) year from the date of filing, returnable at the time normally set for hearing such cases.

(e) In the event an automatic status date falls on a date when the Court is not in session, the status will be set for the next court day.

(f) Failure of the parties or their counsel to appear on the automatic status date or any other date set by the Court may result in dismissal for want of prosecution or default, on the Court's motion.

6.02 NOTICE OF DISMISSAL FOR WANT OF PROSECUTION
Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. mail, at the last address indicated in the court file, within ten (10) days of the dismissal. A copy of the notice, with the Clerk's certificate of mailing, shall be made of record.

6.03 PLEADINGS TO BE READILY COMPREHENSIBLE
(a) Multiple Count Pleadings: If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a short title concisely stating the theory of liability or defense. If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall also concisely designate the subgroup of parties to whom it pertains.

(b) Incorporation by Reference: If the incorporation of facts by reference to another pleading or to another part of the same pleading will cause a pleading not to be readily comprehensible, such facts shall be realleged verbatim. Rule 6.03 does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134, provided that the pleading remains readily comprehensible.

(c) The Court may order a consolidation of pleadings into one finished comprehensible set.

(d) Nothing in Rule 6.03 shall be applied in such manner as to abridge or conflict with 735 ILCS 5/2-603 (Code of Civil Procedure).

(e) All pleadings wherein money damages are requested for matters other than injury to the person shall be specific as to the dollar amount claimed. In all pleadings where injury to the person is alleged, the prayer for relief must indicate the amount of damages claimed to be as follows:

• Not greater than $2,500; or
• Greater than $2,500 and but not in excess of $10,000; or
• Greater than $10,000 and but not in excess of $15,000; or
• Greater than $15,000 and but not in excess of $50,000; or
• Greater than $50,000.

6.04 MOTIONS GENERALLY
(a) Filing: All case or claim dispositive motions, other than motions arising during the course of trial, shall be filed no later than sixty-three (63) days before the scheduled trial date, except by prior leave of court and for good cause shown. The title to each motion shall indicate the relief sought and the applicable section of the Code of Civil Procedure.

(b) Allotment for Hearing: With the exception of emergency matters, no motion shall be heard unless previously scheduled for hearing with the Court or with the Court's secretary.

(c) Content of Notice: The notice of hearing shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the date when the motion will be presented, the time it will be presented, and the courtroom where it will be presented. If the motion is written, a copy of the motion or a statement that it previously has been served shall be served with the notice. Copies of all documents presented to the Court with the motion shall be served with the notice or the notice shall state that copies have been served.

(d) Notice of Hearing: Except for emergency motions or notice by personal service as defined by Supreme Court Rule 11(c)(1), hearing on a motion shall proceed not less than five (5) court days after the effective date of service as defined by Supreme Court rule 12(c).  If notice of motion is by personal service delivered by 4:00 p.m., hearing on the motion shall proceed not less than the second court day following personal service.

(e) Summary Judgment: A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion in compliance with Supreme Court Rule 11.

(f) Failure to Call Motion for Hearing: Any party may call a motion for hearing, but the burden for calling a motion for hearing shall be on the movant. Any motion not called for hearing within sixty (60) days of filing may be stricken upon motion, or by the Court without any notice to any party.

(g) Motions not presented or supported by the moving party when called, pursuant to notice, may be denied.

6.05 CONTESTED MOTIONS
(a) For purposes of Rule 6.05, any motion which is opposed is a contested motion and will be heard at a time designated by the Court.

(b) Every motion, and each basis in the motion, brought pursuant to the Code of Civil Procedure or Supreme Court Rule shall be identified by the Code of Civil Procedure section and/or the Supreme Court Rule number under which it is brought.

(c) For every contested motion there shall be delivered to the chambers of the assigned judge, by the movant, not less than seven (7) court days prior to the hearing a copy of:

1. The motion; response, reply.
2. Any pleadings involved in the motion, i.e. any pleading to which the court may need to refer in ruling on the motion.
3. Any writing in support of or in opposition to the motion.
4. All citations shall be in conformity with Supreme Court Rule 6.

(d) No Motion or writing in support of or in opposition to a motion shall exceed fifteen (15) pages in total length (excluding supporting documents) without prior leave of Court.  All grounds attacking a pleading or paper shall be contained in a single motion and shall be subject to the foregoing page limits.

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion.

All documents submitted shall be double spaced and shall contain margins of at least one (1) inch at the top, bottom and each side. Type shall be 12 point or larger. All citations shall be in conformity with Supreme Court Rule 6. Failure to comply with Rule 6.05 shall be sufficient grounds for the Court's refusal to consider the offending document.

6.06 (RESERVED) (Replaced 8/17/04)
6.07 MOTIONS FOR CONSOLIDATION OF CASES
Motions to consolidate two or more cases shall be presented to the judge who is requested to receive and hear the consolidated case after notice to all parties of record in all cases involved in the proposed consolidation. On all documents to be presented to the Court, the captions of all involved cases shall appear with the case which is proposed to be consolidated appearing above and the receiving case below.

If all cases proposed for consolidation are within the same division of the Court and are of the same designation, the motion shall be presented to the judge to whom the oldest case is assigned. If the cases are within the same division but are of different designations, the motion shall be presented to the judge who is assigned to the case with the "higher" designation, determined according to the following hierarchy , in descending order: (1) CH, (2) MR, (3) FC, (4) EV, (5) LA, (6) LM or AR, and (7) SC.

If the cases to be consolidated are in different divisions, the moving party shall first present a Motion to Transfer for Purposes of Consolidation to the judge assigned to the case which is proposed to be consolidated and if that motion is granted then the Motion to Consolidate shall be presented to the judge assigned to the "receiving" case.

Once a motion to consolidate has been granted, and for as long as the consolidation is in effect, all court documents concerning said cases shall bear the captions of all consolidated cases with the principle case's caption at the bottom and the transferred case's caption at the top.

It shall be grounds to deny a Motion to Consolidate that at the time of presentation of the motion there are case dispositive motions pending in any case which is proposed to be transferred or consolidated into another.

6.08 EMERGENCY MOTIONS AND EMERGENCY RELIEF
(a) Application for Emergency Relief: If emergency relief shall be required, application shall be made to the assigned judge, or if unavailable, to any other judge assigned to the division in which the case is filed. If no judge in the division is available, then to the Presiding Judge of the division in which the case is filed or the designate of the Presiding Judge. Each application for emergency relief shall be accompanied by an affidavit by the movant or movant's attorney stating the reason the requested relief is necessary on an emergency basis, and in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing counsel of the request for emergency relief. Failure to attach said affidavit(s) to the request for emergency relief shall be sufficient grounds for denial of same.

(b) Ex Parte and Emergency Motions: Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction or any other emergency relief, shall be filed in the Office of the Circuit Court Clerk, if during court hours, before application to the Court for the order.

(c) Notice after Hearing: If an ex parte or emergency motion is heard without prior notice, a copy of the order granting or denying the motion shall be entered. The party presenting the motion shall serve a copy of the order personally or by U.S. mail upon all persons having an interest who have not yet been served with summons and upon all parties of record not theretofore found by the Court to be in default. The party presenting the motion shall file with the Clerk of the Court, within two (2) days of hearing, proof of service of a copy of the order entered granting or denying relief.

(d) Counsel shall use every reasonable effort to notify opposing counsel or parties, unless otherwise provided by law.

6.09 PROOF OF DAMAGES UPON ENTRY OF DEFAULT
When an order of default is obtained, if any fees are recoverable, at the Court's discretion, the attorney shall present an affidavit stating the nature of the services performed, the number of hours spent, the attorney's hourly rate, statement of the level of experience and expertise of the attorneys, and that number of hours spent and the hourly rate charged per hour are fair and reasonable according to the standards of the local community.

6.10 PRIVACY ISSUES
(a) While numerous specific types of information, including personal identifiers, are properly requested and included in documents necessary for the maintenance of litigation, there is no public need to have access to that private information. Because all documents filed with the Circuit Court Clerk are available to the public, pleadings, attachments to pleadings, discovery, orders, exhibits or other documents filed with the Circuit Court Clerk, with the exception of civil writs of attachment, shall be redacted to protect the privacy rights of everyone concerned.

(b) It is the responsibility of counsel and the parties to be sure that all filed documents comply with these rules. They shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers, from all pleadings, discovery, orders, exhibits or other documents filed with the Circuit Court Clerk, with the exception of civil writs of attachment, unless ordered otherwise by the Court:

1. Social Security Number - if an individual's social security number must be included in a document, only the last four digits of the number shall be used.
2. Names of Minor Children - if the involvement of a minor child must be mentioned, only the initials of that child's name shall be used.
3. Dates of Birth - if an individual's date of birth must be included, only the year shall be used.
4. Financial Account Numbers - if financial account numbers are relevant, only the last four digits of these numbers shall be used.

(c) In addition to the above provisions, persons shall exercise caution when filing documents that contain the following:

• Other identifying numbers, such as drivers' license numbers
• Medical records, such as diagnosis and treatment records
• Employment history information
• Individual financial information
• Proprietary or trade secret information

7.01 WRITTEN INTERROGATORIES OR PRODUCTION REQUESTS
Written interrogatories or production requests shall be limited to thirty (30) questions or requests, counting each subsection as a separate question or request, unless otherwise provided by court order or by agreement of the parties.

7.02 DISCOVERY DOCUMENTS
(a) Restrictive Filing: Unless otherwise ordered by the Court, depositions, interrogatories, answers or responses thereto and other discovery documents, shall not be filed with the Clerk of the Court, except as necessary to resolve disputed issues of procedure, fact or substantive law or pursuant to Supreme Court Rule 207. Rule 7.02 shall not apply to requests to admit facts or to the answers or responses thereto.

(b) Proof of Serving and Answering Discovery Documents: Discovery documents and notice of filing may be served and answered personally or by U.S. mail. Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered. The proof of service or answer, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered.

7.03 MEDICAL OPINION WITNESSES
(a) Charges for medical-legal services should be no higher than a physician's charges for other medical services, and shall be computed having due regard for the time, effort and skill consumed. Such fees shall neither be so high as to prevent the patient from obtaining the physician's medical-legal services, nor so high as to give the appearance that the physician is attempting to capitalize on the patient's legal problem.

(b) A physician, who has not been paid for treatment rendered to a patient, should still cooperate fully with the patient's attorney. The physician should not refuse nor slow down the submission of medical records or reports, participation in conferences with the attorneys, testimony at depositions or trial, or any other actions necessary to the resolution of the patient's legal claim. Similarly, the physician should not vary the fees normally charged for these services.

7.04 DAYS FOR TAKING DEPOSITIONS
Unless otherwise agreed by the parties or ordered by the Court, depositions shall be taken after 8:00 a.m. and before 5:00 p.m. on days that Court is in session.

8.01 SETTLEMENT CONFERENCE
In actions in which a settlement conference is held, the attorney for the plaintiff shall prepare a typewritten or electronic settlement conference memorandum substantially in the form in the Appendix of Forms, and shall deliver a copy to the judge and all counsel of record seven (7) days prior to the settlement conference. The Court may order the other parties to submit a settlement conference memorandum. The attorney for each party shall have ascertained in advance of the settlement conference the extent of settlement authority. The Court may order trial attorneys, parties, insurance adjusters or other interested persons to attend the settlement conference.

8.01(a) SMALL CLAIMS SUBROGATION SETTLEMENT CONFERENCES (Added eff. 7/8/09)
Every Small Claims subrogation action is subject to a mandatory settlement conference.

Small Claims subrogation conferences shall be conducted by the assigned trial judge. All attorneys shall fully cooperate with the Court in preparation for and attendance at the conference.

Attorneys for all parties and insurance adjusters, with full authority to settle the case, shall personally appear at the time and date set for settlement conference.

8.02 LITIGATION CONFERENCE
The Court may order a litigation conference in any case deemed appropriate.

8.03 INITIAL CASE MANAGEMENT CONFERENCE EXEMPTION
The following case categories are excepted from the "Initial Case Management Conference" requirement under Supreme Court Rule 218(A):

• Adoption (AD)
• Arbitration (AR) - Non-Jury
• Family (F)
• Mental Health (MH)
• Miscellaneous Remedy (MR)
• Municipal Corporation (MC)
• Order of Protection (OP)
• Ordinance Violation (OV)
• Probate (P)
• Small Claims (SC)
• Tax (TX)

 In jury cases requiring arbitration (AR), a case management conference need not be held unless and until a rejection of the arbitration award is filed pursuant to Supreme Court Rule 93. A case management conference shall be held within forty-five (45) days of the rejection filing date.

The party rejecting the award shall notice the case before the Court not more than fourteen (14) days after the rejection for the purpose of setting a case management conference.

The rule shall not preclude the Court on its own motion from setting a case management conference on a case that is subject to arbitration.

8.04 LA ED AND LM CASE MANAGEMENT CONFERENCES
In all LA, ED and LM cases where a Case Management Conference is scheduled, counsel for the plaintiff shall prepare, in cooperation with all other counsel, a Case Management Conference order on the form provided by the Clerk of the Circuit Court. Counsel for plaintiff shall deliver a copy of the completed and signed Case Management Conference form seven (7) days prior to the Case Management Conference date to the judge before whom the conference is scheduled. The Case Management Conference order will bind all parties accordingly.

9.01 LITIGANTS TO BE PRESENT IN COURT
All litigants shall appear with their counsel at the time any case is called for trial.

9.02 MOTIONS IN LIMINE
All motions in limine must be presented in writing, unless the grounds arise or become apparent during the course of the trial.

9.03 JURY SELECTION
Statement of the Nature of the Case: In all civil jury cases, the plaintiff's attorney shall prepare and submit to the Court and to each opposing party a Statement of the Nature of the Case. The statement shall include the time, date and location of the alleged transaction or occurrence giving rise to the lawsuit, a brief description of the alleged transaction or occurrence, the name and city of residence (or business) of each of the parties involved and of their attorneys, and a list of witnesses whom the parties expect to call. Opposing counsel may suggest amendments to the statement.

9.04 WAGE DEDUCTION PROCEDURE
The 18th Judicial Circuit has adopted the following local procedures to be utilized when seeking a wage deduction summons:

(a) At the time of the issuance of a Wage Deduction Summons the Circuit Court Clerk shall set a "turnover date" on the calendar of the assigned judge, unless the judgment creditor or the judgment creditor's attorney specifically requests that no "turnover date" be set. The "turnover date" shall be at least 21 days from the return date of the summons.

(b) Where the judgment creditor or the attorney for the judgment creditor waives the setting of a "turnover date" at the time of the issuance of the Wage Deduction Summons, the judgment creditor or attorney for the judgment creditor shall thereafter send Notice of Motion to the judgment debtor and the employer of the date for entry of a "turnover" order.

(c) Upon the filing of a Notice of Motion for a Wage Deduction Exemption Hearing by the judgment debtor, the Circuit Clerk shall assign a hearing date to coincide with the "turnover" order previously set. In the event no "turnover" order has been set, the Circuit Clerk shall assign a hearing date not less than twenty-one (21) days from the return date of the summons.

(d) It shall be the responsibility of the judgment debtor or the attorney for the judgment debtor to send notice of the hearing to the judgment creditor, attorney for the judgment creditor and the employer. Failure of the judgment creditor to appear will result in the dismissal of the garnishment proceeding.

(e) When an employer seeks to vacate a conditional judgment, the employer shall file an answer at the time the employer files the employer's motion to vacate, and must send Notice of Motion, together with the employer's answer and motion to vacate the conditional judgment, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

(f) The forms to be used are available through the Office of the Circuit Court Clerk of the 18th Judicial Circuit.

10.01 SETTLEMENT OF MINOR'S OR WARD'S PERSONAL INJURY CLAIM, WRONGFUL DEATH CLAIM OR CLAIM UNDER THE SURVIVAL STATUTE
(a) To settle a cause of action for personal injuries sustained by a minor or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward or the decedent's estate, and shall recite:

1. A description of the occurrence giving rise to the cause of action.
2. The name and address of the person or entity against whom the cause of action has accrued.
3. The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence.
4. A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence. A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph 4 upon good cause shown.
5. The petition shall contain a statement by the petitioner or the attorney for the petitioner as to the fairness of the offer and a recommendation as to whether the offer should be approved or rejected.

(b) Where the proposed settlement relates to a pending case for personal injury, the verified petition shall be heard by the judge assigned to the case.

(c) Where the proposed settlement does not relate to a pending Law case for personal injury, the verified petition shall be heard by the judge regularly assigned to hear probate matters.

(d) In cases where no independent attorney has been employed by the legal representative of the minor or ward, the Court may appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement and to report his or her findings and recommendations before approval of the proposed settlement. In the event the appointed guardian ad litem does not recommend the approval of the proposed settlement, the appointed guardian ad litem shall not represent as a private attorney the legal representative or any of the parties having an interest in the case, but may continue as such guardian ad litem with reference to any revised offer of settlement so long as the legal representative has not employed independent counsel for the case. The Court shall fix an appropriate fee for the guardian ad litem to be taxed as costs in the case.

(e) In minor's personal injury cases, an allowance for attorneys' fees shall not exceed 25% of the gross settlement amount unless the attorney representing the minor in a sworn petition recites the work and hours involved or other special circumstances which would justify a higher attorney's fee to compensate the attorney fairly for the work performed, in which case the Court may fix the fee in excess of the 25% limitation.

(f) The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers, which evidence receipt of any portion of the fund, with the Court within a time prescribed by the Court.

(g) When any settlement funds are to be received by a parent or legal representative on behalf of a minor child, such funds shall be required to be deposited in an account in a financial institution approved by the Court for the benefit of the minor, and shall not be withdrawn without approval by court order. The financial institution so approved by the Court shall be insured either by the Federal Deposit Insurance Corporation (FDIC) or by the Federal Savings and Loan Insurance Corporation (FSLIC).

The Court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the Court approving settlement, and shall include the express language that "No withdrawals shall be made from this account, unless authorized by order of Court, at any time prior to (date upon which the minor will reach the age of majority)."

(h) The order entered approving settlement shall provide for the appointment of a guardian for the minor's estate and shall require the appointed guardian to file a bond pending proper deposit of the minor's funds in the financial institution approved by the Court. Upon the filing of the voucher from the financial institution acknowledging receipt of the funds and a copy of the order approving settlement, the bond may be canceled.

The requirement of a surety on the bond to be filed by the guardian of the minor's estate may be waived when the Court finds it is in the best interests of the minor's estate. In such instances, the attorney representing the interests of the minor shall have personal responsibility for depositing the funds in the approved financial institution in accordance with the order entered.

(i) A stipulation dismissing the cause of action shall be filed with the filing of the voucher from the financial institution acknowledging receipt of the funds.

(j) Where the agreement involves a structured settlement, the company providing the annuity shall be one which holds a current rating of "A" or better by Best's Insurance Guide.

(k) If the amount distributable to a minor fourteen (14) years of age or older is $750 or less, the Court in its discretion may order the amount distributed directly to the parent or guardian with whom the minor permanently resides for the benefit of the minor, or may order deposit into a financial institution approved by the Court.

(l) If the amount distributable to a minor fourteen (14) years of age or older exceeds $750 and is $10,000 or less, the Court in its discretion may order the amount distributed on behalf of the minor to be deposited into a financial institution approved by the Court or may order that proceedings be instituted pursuant to the Probate Act of 1975, as amended.

(m) If the amount distributable to a minor exceeds $10,000, or the minor is less than fourteen (14) years of age, or the distribution to the minor is to be made pursuant to a structured settlement, a proceeding shall be initiated pursuant to the Probate Act of 1975, as amended. This provision may be waived by the Court on good cause shown.

(n) Any settlement approved which is required to be administered pursuant to the Probate Act of 1975, as amended, shall be paid to the guardian of the minor and the order approving the distribution shall be effective only after the entry of any order by the Judge assigned to Probate matters approving the bond or other security required to administer the settlement and distribution.

(o) A petition for withdrawal from said account prior to the minor reaching the age of majority shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor, the amount and purpose for the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

10.02 DISTRIBUTION OF FUNDS TO A MINOR PURSUANT TO JUDGMENT
The proceeds of any judgment from which a minor or ward is to receive funds shall be distributed in a manner in accord with Rule 10.01.

11.01 QUALIFICATIONS AND APPOINTMENT OF RECEIVERS
(a) Appointment of receivers shall be in accordance with 735 ILCS 5/2-415 (Code of Civil Procedure), and any other applicable statute, Illinois Supreme Court Rule or Rule.

(b) Except as provided in (c) of Rule 11.01, an appointment as receiver shall not be granted to an individual or to a corporation having a principal officer who:

1. Is related by blood or marriage to a party or attorney in the action;
2. Is an attorney for, or of counsel for, any party of this action;
3. Is an officer, director, stockholder or employee of a corporation, the assets of which are in question; or
4. Stands in any relation to the subject of the controversy that would tend to interfere with the impartial discharge of a receiver's duties as an officer of the court.

(c) Exception: If the Court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under Section (a) of Rule 11.01 may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule. A receiver so appointed shall serve wholly without compensation, unless otherwise ordered by the Court upon good cause shown.

(d) A petition for the appointment of a receiver shall set forth sufficient facts to warrant the appointment; mere conclusions will not suffice. However, failure to set forth such facts may be cured if the Court holds an evidentiary hearing on the petition and sufficient facts are adduced at that hearing.

11.02 ATTORNEYS FOR RECEIVERS
An attorney for the receiver shall be employed only upon order of the Court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

11.03 INVENTORIES OF RECEIVERS
(a) Unless the Court orders otherwise, a receiver shall, as soon as practicable after appointment, but in any event no later than thirty (30) days thereafter, file an inventory of all property - real, personal or mixed - of the estate, designating the property of which the receiver has taken possession or control.

(b) Unless the Court orders otherwise, the receiver shall file with the inventory required by Rule 11.03(a) a list of the then known liabilities of the estate.

11.04 APPRAISAL FOR RECEIVERS
(a) Appraisers: Appraisers for receivers may be appointed only upon order of court or agreement of the parties with the approval of the Court. If appraisers are appointed, they shall be selected by the Court.

(b) Appraisal by Receiver: If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

11.05 REPORTS OF RECEIVERS
(a) Time of Filing: The receiver shall file a first report at the time of filing the inventory, and additional reports annually thereafter. Special reports may be ordered by the Court and a final report shall be filed upon the termination of the receivership.

(b) Forms: The Court may prescribe forms to be used for reports of a receiver.

11.06 BONDS OF RECEIVERS
(a) Personal Sureties: Bonds with personal sureties shall be approved by the Court. Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

(b) Surety Companies: Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety's authority to transact business in the State, as issued by the Director of Insurance, is on file with the Clerk of the Court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

12.01 DEFINITIONS
(a) Bond Certificate: A certificate acceptable in lieu of bail for traffic violations, as authorized under provisions of Supreme Court Rules 501 et seq.

(b) Civil Surety: Any company currently licensed as a surety under the Illinois Insurance Code.

(c) Personal Surety: Any individual not licensed as a surety and not regularly engaged in the business of acting as surety or guarantor for the performance of an act of another.

12.02 AUTHORIZATION TO SERVE AS SURETY
(a) Civil Sureties: Bond with a civil surety will be approved only if a current, certified copy of the surety's license (issued under the Illinois Insurance Code or the Illinois Bail Bond Act) is on file with the Clerk of the Circuit Court, and a verified power of attorney or certificate of authority for each person authorized to execute bonds for the surety is attached to the bond.

(b) Personal Sureties: The Court may require that any personal surety execute a schedule of property in a form approved by the Court. If the person offered as a surety is accepted by the Court, the schedules of property shall be filed with the bond, and shall be served upon all opposing parties in the manner prescribed by Supreme Court Rule 11 within forty-eight (48) hours after the Court accepts the surety.

(c) Period of Authorization: Authorization to act as a surety shall be granted not to exceed one year, and in any event shall expire on the first day of the July next following the authorization.

(d) Renewal of Authorization: A petition for renewal of authorization shall be filed between the first and fifteenth days of April preceding the expiration of authorization.

(e) Interim Authorization: Upon the filing of a petition, the Court may grant the petitioner authority to act as a surety on bonds in the Court pending determination of the petition.

12.03 PETITION AND HEARING FOR AUTHORIZATION
(a) Civil Surety: To obtain authorization to act as a civil surety in the Court, the applicant shall file a verified petition for authorization stating that the petitioner has complied with all applicable laws and regulations. There shall be attached to the petition:

1. A certified copy of the license issued to the petitioner, attested by the Director of Insurance;
2. A verified statement of its assets and liabilities at the close of business on the 31st day of December of the preceding year or at any subsequent date prior to the filing of the petition;
3. Power of attorney or certificates of authority for all persons authorized to execute bonds for the petitioner in the Court, in a form approved by the Court;
4. A verified schedule of all actions pending in any court against the petitioner at the time of the filing of the petition upon bonds executed by it in the courts of record in Illinois; the schedule shall state the title and number of the action, the names of the attorneys of record, the amount claimed, the nature of the claim, and the reasons for contesting the claim; and
5. A verified schedule of all claims of liability, not the subject of any pending action, which have been made against the petitioner and are undischarged at the time of the filing of the petition, upon bonds executed by the petitioner in the court of record in Illinois; the schedule shall state the name of the claimant, the amount claimed, the nature of the claim and the reasons for contesting the claim.

(b) Foreign Acknowledgments: Acknowledgments and affidavits presented under Rule 12.03 which have been executed outside the State shall be accompanied by a certificate of the proper keeper of records, under the seal of the keeper of records' office, stating that the person before whom the acknowledgment was made or by whom the oath was administered was duly authorized to take acknowledgments or to administer oaths, and that that person's signature is believed to be genuine.

(c) Notice: Upon the filing of the petition, the Court, upon motion, will set the petition for hearing at a specified time not earlier than fifteen (15) days after the date of filing. The Clerk of the Court shall then publish notice in a newspaper of general circulation in the County of the pendency of the petition showing the date set for hearing.

(d) Objection: Any person may file written objections to the petition with the Clerk of the Court not less than ten (10) days before the date set for hearing, stating the reasons why the petition should not be allowed. The petitioner may file its answer to the objections not later than five (5) days before the date set for hearing. A copy of the objections shall be served upon the petitioner, and a copy of the answer shall be served upon the objector, not later than the time of the respective filings.

(e) Hearing: The petitioner and the objector may introduce evidence at the hearing. If the Court finds that the petitioner has not complied with Rule 12.03 or that the petition should be disallowed, the petitioner shall be disqualified from acting as surety in the court until further order of the Court.

(f) Change of Agents: A civil surety may file a supplemental petition to change the persons authorized to execute bonds in its behalf.

12.04 REVOCATION OF AUTHORIZATION
The Court, upon its own motion or upon request of any person, may at any time enter a rule upon any civil surety in the Court to show cause why its authorization should not be revoked. The order entering the rule shall set a date, not less than thirty (30) days after the entry of the rule, for hearing upon the return of the rule. The Clerk of the Court shall serve notice of the entry of the rule and of the date set for hearing of the return upon the surety. The return shall contain the information required by Rule 12.04 for original petition for authorization to act as surety. It shall be grounds for revocation that the surety failed, without justification, to discharge an obligation without delay when liability became absolute or was determined by final judgment or interposed a frivolous or unmeritorious defense upon a bond executed by it.

12.05 JUSTIFICATION OF SURETIES
Any persons assured by a bond executed in this Court may by motion request the sureties to justify. The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry and the facts ascertained. If the Court finds that the affiant's belief is well-founded, it may order that either the sureties shall justify within a time specified or a new bond be furnished with sufficient sureties.

Court ordered mediation in civil cases in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is established by Administrative Order. The Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective October 1, 2007. Court ordered mediation shall be governed by Administrative Order and this Article.

14.01 PURPOSE OF THE MEDIATION PROCESS
Mediation under these rules involves a confidential process whereby a neutral mediator, selected by the parties or appointed by the Court, assists the litigants in reaching a mutually acceptable agreement. It is an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives and reaching an agreement. Parties and their representatives are required to mediate in good faith.  

14.02 CIVIL ACTIONS ELIGIBLE FOR COURT ORDERED MEDIATION
(a) Court ordered mediation for civil cases is undertaken and conducted in the Circuit Court for the 18th Judicial Circuit, and shall be effective for all eligible cases pending on or filed after October 1, 2007.(b) In order to further the purpose of court ordered mediation in civil cases, there shall be a presumption in favor of court ordered mediation for all cases eligible under these rules.(c) All civil actions seeking claims exclusively for money damages in an amount in excess of eligibility for Mandatory Arbitration in this Circuit, as well as all actions pending in the Chancery Division in this Circuit, shall be eligible for court ordered mediation. These civil actions shall be assigned to the Law Division Calendar or the Chancery Division Calendar of the Circuit Court of the 18th Judicial Circuit at the time of initial case filing with the Clerk of the Circuit Court, DuPage County, Illinois. (d) Civil actions, not originally assigned to the Law Division, including actions in Chancery and monetary issues in Domestic Relations cases, may be transferred upon the entry of an Order of Referral to court ordered mediation to the Supervising Judge for court ordered mediation.

14.03 FILING OF CASES ELIGIBLE FOR COURT ORDERED MEDIATION
In all civil actions eligible for court ordered mediation, the complaint and all summonses shall state in upper case letters on the upper right-hand corner, "THIS CASE IS ELIGIBLE FOR COURT ORDERED MEDIATION." 

14.04 DISCOVERY
(a) Discovery shall proceed as in all other civil actions.(b) Whenever possible, the parties are encouraged to limit discovery to the development of the information necessary to facilitate a meaningful mediation conference. Upon entry of an Order of Referral to court ordered mediation, discovery is deferred. The duty to supplement existing discovery continues throughout the mediation process. In the event the case is not resolved during the mediation process, upon transfer back to the trial judge, discovery may recommence.(c) All oral or written communications made throughout the mediation process shall be confidential, exempt from discovery and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise in writing. Evidence with respect to settlement agreements shall be admissible in proceedings to enforce the settlement. Subject to the foregoing, the mediator may not disclose any information obtained during the mediation process. 

14.05 ORDER OF REFERRAL TO COURT ORDERED MEDIATION
Pursuant to Supreme Court Rule 218, all mediation eligible cases shall be set for a case management conference within one hundred eighty two (182) days of filing. Following the Rule 218 conference, cases may be assigned to court ordered mediation. The entry of an Order of Referral to court ordered mediation assigns the case to court ordered mediation, and transfers the case to the Supervising Judge of court ordered mediation instanter. It also requires the parties to appear within fourteen (14) to twenty-one (21) days before the Supervising Judge for court ordered mediation. In the discretion of the trial judge on the Court's own motion or in response to a motion brought by any party, a case may be assigned to mediation before or after the Rule 218 Conference.  

14.06 PROCEDURE FOLLOWING ENTRY OF AN ORDER OF REFERRAL TO COURT ORDERED MEDIATION
(a) On the first appearance before the Supervising Judge for court ordered mediation, a mediator shall be selected. In the event the parties agree on the selection of a mediator, the Supervising Judge for court ordered mediation shall enter the Order for Mediation Conference. In the event the parties do not agree upon the selection of a mediator by the date set on the Order of Referral to court ordered mediation, the Court shall appoint a mediator from the list of Certified Court Appointed Mediators, and shall enter Order of Mediation Conference and Appointment of Certified Court Appointed Mediator.(b) Any party to a case may request advancement or postponement of a scheduled mediation hearing date by filing a written motion with the Clerk of the Circuit Court requesting the change. The notice of motion and motion shall be served upon counsel for all other parties, upon pro se parties as provided by the Supreme Court Rule and Rules of the Circuit Court of the 18th Judicial Circuit, upon the Arbitration/Mediation Center and upon the Mediator. The motion shall be set for hearing on the calendar of the Supervising Judge for Mediation. The motion shall be verified, contain a concise statement of the reason for the change of hearing date and be subject to Supreme Court Rule 137. The Supervising Judge may grant such advancement or postponement upon good cause shown.(c) After the entry of an order for court ordered mediation and not less than seven (7) days prior to the mediation conference date, any party may file a motion seeking the removal of its claim from mediation. The notice of motion and motion shall be served upon counsel for all other parties, upon pro se parties as provided by Supreme Court Rule and Rules of the Circuit Court of the 18th Judicial Circuit. The motion shall be set for hearing on the calendar of the Supervising Judge. The motion shall be verified and contain a concise statement of the basis for removal from mediation. 

14.07 LOCATION OF MEDIATION CONFERENCES
Unless all parties and the mediator otherwise agree, the location for the mediation conference shall be at a location within DuPage County designated by the mediator. 

14.08 ATTENDANCE AT A MEDIATION CONFERENCE
(a) All parties, attorneys, representatives with settlement authority and other individuals necessary to facilitate settlement of the dispute shall be present at each mediation conference unless excused by court order. A party is deemed to appear at a mediation conference if the following persons are physically present:(1) The party or its representative having full authority to settle without further consultation, and in all instances, the plaintiff must appear at the mediation conference; and(2) The party's counsel of record, if any; and(3) A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to negotiate and recommend settlements to the limits of the policy or the most recent demand, whichever is lower, without further consultation.(b) Upon motion, the Court may impose sanctions against any party, or attorney, who fails to comply with this rule, including but not limited to mediation costs and reasonable attorney fees relating to the mediation process. 

14.09 SETTLEMENT PRIOR TO MEDIATION CONFERENCE
Upon settlement of any mediation case pending before the Supervising Judge for court ordered mediation, counsel for plaintiff shall immediately notify the Supervising Judge in writing, and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The counsel for plaintiff shall also notify the mediator and the Arbitration/Mediation Center that the mediation conference will not take place as scheduled. 

14.10 TERMINATION AND REPORT OF MEDIATION CONFERENCE
(a) At any time after the mediation conference has begun, the mediator may continue or terminate the conference when:(1) In the mediator's opinion, no purpose would be served by continuing the conference; or(2) An individual necessary to facilitate settlement of the dispute is not present.(b) The mediator shall report to the Court in writing whether or not an agreement was reached by the parties within fourteen (14) days after the last day of the mediation conference. The report shall designate "Full Agreement," "Partial Agreement" or "No Agreement." This report shall be signed by the mediator and shall be filed with the Circuit Court Clerk within fourteen (14) days after the last day of mediation conference.(c) If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of the mediation conference. Each party and the mediator shall receive a copy of the full agreement, partial agreement or no agreement document.(d) If a full agreement was reached, the report shall state whether the action will be concluded by consent judgment or voluntary dismissal and shall identify the persons designated to file such consent judgment or dismissals, and indicate that such document shall be filed on or before the date set for post-mediation conference status.(e) If a partial agreement was reached, the report shall state which claims have been resolved and which claims are not resolved. Further, the report shall state whether the resolved claims will be concluded by consent judgment or voluntary dismissal and shall identify the persons designated to file such consent judgment or dismissal and indicate that such document shall be filed on or before the date set for post-mediation conference status.(f) If no agreement was reached, the mediator shall so report without comment or recommendation. The mediator shall also complete such other forms as may be required by the Circuit Court.(g) In the event of any breach or failure to perform under the "agreement," the Court upon motion may impose sanctions, including but not limited to costs, attorneys fees or entry of judgment on the agreement. 

14.11 POST-MEDIATION CONFERENCE STATUS DATE
(a) The party or attorney designated to file a consent judgment or order of dismissal pursuant to a "full agreement" or "partial agreement" shall appear on the post-mediation conference status date. The consent judgment or Order of Dismissal shall be entered by the Supervising Judge for court ordered mediation. Failure to appear on the post-mediation conference status day may result in the entry of a default judgment or dismissal.(b) All parties or their attorneys whose claim is not resolved after the mediation conference shall appear at the post-mediation conference status date. Failure to appear at the post-mediation conference status date may result in the entry of a default judgment or dismissal.(c) All matters not resolved by court ordered mediation may be reassigned and transferred by the Supervising Judge for court ordered mediation directly to the original trial judge or any other judge now sitting in his or her place for all further proceedings. 

14.12 MEDIATION CONFERENCE CONFIDENTIALITY
(a) Mediations pursuant to these rules shall be confidential and not open to the public. No one engaged in the mediation process under these rules shall be permitted to testify to, nor be compelled to disclose in any court, or to any administrative board or agency, or to any public officer, the statements by any person made in good faith in the course of the mediation process. A court reporter shall not be permitted without leave of court.(b) An exception to confidentiality may be authorized by order of court, when the court is considering a legal challenge to the written and signed report of agreement prepared pursuant to 14.10 above. 

14.13 MEDIATOR IMMUNITY
A mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity in the same manner and to the same extent as a judge, under the authority conferred by Supreme Court Rule 99(b)(1) as amended, effective October 10, 2001. 

14.14 CERTIFICATION OF MEDIATORS FOR COURT ORDERED MEDIATION
The 18th Judicial Circuit shall promulgate a list of mediators who have been certified by this Circuit to act as mediators for the court ordered mediation program. Those mediators certified by the 18th Judicial Circuit must:(a) Be a retired Illinois judge, a graduate of the original DuPage County Mediation Training conducted in 1996 or complete a forty (40) hour mediation training program approved by the ad hoc Civil ADR Committee designated in subparagraph (d) herein; and(b) Be a member listed in good standing with the Illinois Attorney Registration and Disciplinary Commission with at least ten (10) years of trial practice in Illinois; and(c) File an approved application form with the Chief Judge. Such applicant shall certify that he or she is licensed to practice law in the State of Illinois, that his or her license is in good standing, and that he or she has engaged in litigation for not less than ten (10) years, and that he or she has filed proof of legal malpractice insurance.(d) Applicants shall be certified by the majority of an ad hoc Civil ADR Committee of Judges by title consisting of the Chief Judge of the 18th Judicial Circuit, the Presiding Judge of the Law Division, the Presiding Judge of Chancery, the Supervising Judge for court ordered mediation and such other judges as shall be designated by the Chief Judge.(e) Mediators shall perform their first mediation pro bono.

14.15 RE-CERTIFICATION AND REMOVAL OF MEDIATORS FOR COURT ORDERED MEDIATION
(a) Any certified mediator who ceases to be listed in good standing with the Illinois Attorney Registration and Disciplinary Commission, or fails to yearly file a copy of proof of malpractice insurance, or otherwise fails to maintain the quality and integrity of the court ordered mediation program of the 18th Judicial Circuit shall lose his or her status as a court appointed mediator certified by the 18th Judicial Circuit for appointment.(b) Petition for removal of certification may be initiated by the Supervising Judge for court ordered mediation. The petition shall set forth the basis for removal. Prior to removal, the mediator may request an administrative hearing before the Chief Judge of the 18th Judicial Circuit. 

14.16 DISQUALIFICATION OF A MEDIATOR
(a) Any party may file a motion before the Supervising Judge for court ordered mediation to disqualify a mediator for good cause. If the Court rules that a mediator is disqualified from hearing a case, an order shall be entered setting forth the name of a replacement.(b) If the parties agree on a replacement, the Court shall approve the replacement of a certified mediator and enter an Order for Mediation Conference which sets forth the name of the replacement mediator. If the parties cannot agree on a replacement, the Court shall appoint a certified mediator, and enter an Order for Mediation Conference and Appointment of Certified Court Appointed Mediator.(c) Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending.(d) Any person selected or appointed to act as a mediator in any court ordered mediation case shall be barred from representing any party in that case. 

14.17 MEDIATOR COMPENSATION
(a) When the mediator is selected by the parties, the mediator's compensation shall be paid by the parties as agreed upon between the parties and the mediator.(b) When the parties cannot agree on a mediator, the Court shall appoint a mediator from the list of certified court appointed mediators. The compensation for a court appointed mediator shall be shared by all parties participating in the mediation conference. The fee for a court appointed mediator in the 18th Judicial Circuit shall be at the rate of $250 per hour. Once a mediator has been appointed, the mediator shall be entitled to a minimum of one hour's compensation.(c) If any party has been granted leave to sue or defend as a poor person pursuant to Supreme Court Rule 298, the Court shall appoint a mediator who shall serve pro bono without compensation from any party to the action.(d) A court appointed mediator's fee shall be subject to appropriate order or judgment for enforcement. 

14.18 FORM ORDERS
The following form orders shall be used for court ordered mediation:(a) Order of Referral to Court Ordered Mediation
(b) Order for Mediation
(c) Order for Mediation and Court Ordered Mediator
(d) Notice of Mediation Conference Completion
(e) Memorandum of Full Agreement
(f) Memorandum of Partial Agreement
(g) Confidentiality Agreement 

14.19 SUPERVISING JUDGE AND REPORTING REQUIREMENTS
(a) The Chief Judge of the 18th Judicial Circuit shall appoint a Judge of the 18th Judicial Circuit to act as Supervising Judge for Court Ordered Mediation in civil cases, who shall serve at the pleasure of the Chief Judge.(b) The Chief Judge of the 18th Judicial Circuit shall report annually to the Supreme Court of Illinois on this mediation program, including a count of the number of cases assigned to Court Ordered Mediation and the results achieved. 

14.20 DUTIES OF SUPERVISING JUDGE FOR MEDIATION
The duties of the Supervising Judge for Mediation shall include the following:(a) Approve or appoint mediator.(b) Hear motions to interpret all mediation rules.(c) Hear motions to advance, postpone or defer hearings.(d) Hear motions to disqualify a mediator.(e) Hear all post-mediation motions, including motions for entry of judgment, or other dispositive motions, prior to reassignment.(f) Transfer unresolved, post-mediation cases to originally assigned trial court.

ARTICLE 14 (PART 2): COURT ORDERED MEDIATION FOR RESIDENTIAL EVICTION CASES
Court ordered mediation in eviction cases in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is established by Administrative Order. The Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective August 31, 2021. Administrative Order and this Article shall govern court ordered residential eviction mediation.

14.21 PURPOSE OF THE RESIDENTIAL EVICTION MEDIATION PROCESS
The 18th Judicial Circuit Court Eviction Mediation Program (Program) is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. Its chief goal is to assist tenants and landlords in avoiding eviction and pursuing mutually beneficial alternatives. The Eviction Mediation Program is designed to aid in the administration of justice by promotion of judicial efficiency. Eviction mediation under these rules involves a confidential process whereby a neutral mediator, appointed by the Court, assists the litigants in reaching a mutually acceptable agreement. It is a mandatory process that is informal and non-adversarial in nature. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives, and reaching an agreement. 

14.22 EVICTION ACTIONS ELIGIBLE FOR COURT ORDERED MEDIATION
(a) This rule shall apply to all newly filed cases and all pending cases that have not already completed the physical eviction process. However, at any time the Judge can waive this requirement in the Judge's discretion either at the request of a litigant or sua sponte, and no requirements of the mediation program shall prohibit the Court from entering a Default Judgment.

14.23 FILING OF CASES ELIGIBLE FOR COURT ORDERED RESIDENTIAL EVICTION MEDIATION
(a) Cases filed after September 20, 2021 are required to provide notice of the eviction mediation program, notice is to be provided in substantially the following form, in a document which includes the caption for the case and otherwise conforms with all other requirements for pleadings filed in this Court (including a certificate of service and notice of filing):

NOTICE IS HEREBY GIVEN THAT THIS RESIDENTIAL EVICTION CASE IS SUBJECT TO THE RULES OF THE EIGHTEENTH JUDICIAL CIRCUIT’S EVICTION MEDIATION PROGRAM. You are hereby advised that, unless the Court determines that participation should be excused for any reason, the parties to this action will be required to participate in mediation prior to this case proceeding to trial.  The mediation required hereunder will be conducted in an informal forum, either contemporaneously at the courthouse or on a later date, when the parties can meet in person or on-line through the Zoom video-conferencing program. This mediation is intended to be non-adversarial in nature and confidential. The mediation program includes an initial screening process at the first court appearance, or prior to that date by contacting the Residential Eviction Mediation Program. The role of the court-appointed mediator assigned to your case will include, but is not limited to, assisting the parties in identifying issues, identifying resources which may be useful to either of the parties going forward, exploring settlement alternatives, and helping the parties reach an agreement to avoid the expense and consequences of trial. The Mediation required by these rules is being provided without charge - neither side is required to pay the mediator in these cases - and the process is governed by Article 14 (Part 2) of the Local Rules of the Eighteenth Judicial Circuit (Court-Ordered Mediation for Residential Eviction Cases) as well as the Illinois Uniform Mediation Act (710 ILCS 35/1, et seq.). 

AS A RESIDENTIAL TENANT NAMED AS A DEFENDANT HEREIN, YOU ARE FURTHER GIVEN NOTICE that there are resources available to assist you, including financial counseling services, legal assistance, and other resources, many of which are identified in the brochure being provided to you herewith (a copy of which may be found at https://www.dupageco.org/courts/

(b) However, consistent with S. Ct. Rule 101(g), failure to include the language or brochure above described on or with the summons shall not affect the jurisdiction of the court.

14.24 PROGRAM STAFF 
(a) The position of Eviction Mediation Program Coordinator is established to oversee the daily operations of the Program.

(b) The designated duties of the Eviction Mediation Program Coordinator as set out within these rules may be assigned, delegated, or referred to other court employees, financial and housing counseling agencies, legal aid organizations, bar associations, or other third parties as recognized by the Court.

14.25 ORDER OF REFERRAL TO COURT ORDERED MEDIATION AND OTHER SERVICES
(a) Enrollment in the Program shall occur before or during the first court appearance, or, if there is a continuance in the matter, prior to the continuance date. 

(b) To enroll in the program, any party may contact the Eviction Mediation Program Coordinator and begin the screening process. If one party has enrolled in the Program, the Eviction Mediation Program Coordinator shall make reasonable efforts to contact the other parties and engage them in the screening process. 

(c) During the screening process, the Program shall collect appropriate information and refer the party to appropriate services, including but not limited to financial counseling, rental assistance, and legal assistance. Any personal data captured by the Program shall be limited to use by the Program and its financial counseling and pro bono legal aid partners and shall not be shared or utilized for any other purposes. Aggregated, non-personal data shall be shared with the Administrative Office of the Illinois Courts, as set forth in section 14.29.

(d) As part of the Program, parties shall be provided a meaningful opportunity to access legal and financial counseling services to the extent their needs and interests demand, and as resources permit. These services may include some or all of, but not limited to: brief legal information, pro bono legal aid, financial counseling, housing counseling and technical assistance in preparing rental assistance applications. The Program shall have ultimate discretion as to what services are appropriate for any particular party. Participants shall be afforded a reasonable opportunity to pursue such services prior to mediation if the Program deems it necessary and/or in the interest of justice. 

(e) Once the defendant has been screened and referred to appropriate services as needed, the Program shall set a mediation date no later than 28 days from the first court appearance. 

(f) Parties may enter an agreed order to settle on the date of the first court appearance.

(g) If an order for mediation has been entered and the parties have not yet mediated but have reached an agreement, the parties may enter an agreed order and cancel the mediation appointment. 

(h) The parties may agree to subsequent mediation sessions prior to the expiration of 28 days from the first court appearance and the parties with their mediator shall pick mutually agreed upon dates and times for mediation. Mediation sessions outside of the 28 - day window may be scheduled by mutual agreement of the parties with approval of the Court.  

(i) Mediations may be conducted in person at the DuPage County 18th Judicial Circuit Court located at 505 N. County Farm Road, Wheaton, IL 60187, or via telephone or video conference. Location and format of mediation will be determined by the Chief Judge.

(j) The Court’s Mediation Referral Order shall include:

1. Instructions as to where, when and how the mediation will be expected to proceed and what each side should do to prepare for the same;
2. Instructions as to how the case should proceed in the event an agreement is reached through mediation; and
3. Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the order is for “TRIAL”). 

(k) The Eviction Mediation Program Coordinator, in consultation with the Arbitration Administrator shall develop forms and a process for the scheduling of each mediation.

(l) If a case is scheduled for trial in the Mediation Referral Order, it shall be subject to the applicable Illinois law and local rules governing trials in this circuit, with no continuances allowed other than as provided for in those rules.

(m) The parties should advise the Court, prior to the entry of a Mediation Referral Order, whether any discovery may be necessary prior to trial and the Court should consider the same in determining whether to schedule the case for STATUS or TRIAL. 

14.26   APPOINTMENT, QUALIFICATIONS AND COMPENSATION OF MEDIATORS
(a) No person shall serve as a Mediator, in any matter referred to mediation hereunder, if they have a potential conflict of interest or unless they have first satisfied the requirements necessary to be recognized as a Mediator hereunder. 

(b) The Presiding Judge of Chancery, or their designee, shall appoint mediators from a roster of approved Mediators, which shall be established by the Court.

(c) All eviction mediators shall successfully complete either (1) a minimum of forty (40) hours mediation training skills program, the content of which is acceptable to the Presiding Judge of Chancery, or their designee, plus an additional four (4) hour eviction mediation training which shall be approved by the Court or (2) they shall successfully complete an eight (8) hours eviction mediation training which shall be approved by the Court. Additionally, eviction mediators shall possess either: (i) a Juris Doctor degree with demonstrated experience or; (ii) a background in mediation with experience acceptable to the Court.

(d) The Approved List of Mediators will be updated from time to time to add the names of new members and remove those who either no longer qualify or who the Presiding Judge of Chancery determines have been unable to participate in this program to the extent they were initially expected to do so. 

(e) A Mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity as provided for in Illinois Supreme Court Rule 99(b). 

(f) The Presiding Judge of Chancery (or, at the Presiding Judge’s direction, the Program) has the discretion to determine the frequency and order of assignment of mediation cases to mediators on the roster of approved Mediators.

(h) A Mediator shall be compensated according to the rate established by the Court.

14.27  CONFIDENTIALITY, APPLICABILITY OF UNIFORM MEDIATION ACT
(a) Mediations conducted pursuant to these rules shall be governed by the Illinois Uniform Mediation Act, 735 ILCS 35/1, et seq. (The “Uniform Act”) and “Mediation Communications,” as defined therein, shall be deemed privileged and confidential, subject to those limitations as are provided in the Uniform Act.

14.28  ATTENDANCE AND PARTICIPATION IN MEDIATION
(a) The parties to a case which is scheduled for mediation pursuant to a Mediation Referral Order hereunder, are required to attend. If either of the parties is a corporation, that party must be represented by an individual with full authority to negotiate a settlement on behalf of the party. It is not required that such counsel participate, unless their participation would otherwise be required in a corresponding court proceeding, but any party to a mediation hereunder is entitled to have legal counsel present with them as they deem appropriate.

(b) The mediation will commence with introductory comments by the Mediator. The parties will be asked to execute a Confidentiality Agreement at that time and to make any introductory comments as may be appropriate. Thereafter, the Mediator may either work with the group all together or separate each side, allowing for the parties to caucus (a process which allows the Mediator to speak privately with each side outside the presence of the others). The parties and their counsel may also step away as needed to confer with each other. The mediation may be continued, if all agreed determine that a continuance could help facilitate settlement, but no continuance which would require the rescheduling of a trial date may proceed without court approval.

(c) At the conclusion of mediation, the Mediator shall inform the Eviction Mediation Program Coordinator of the mediation outcome and whether all parties attended and participated. If an agreement is reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation. The Mediator shall submit the executed agreement Residential Eviction Mediation Program Coordinator.

14.29  REPORTING REQUIREMENTS
(a) Following the conclusion of a mediation, the Eviction Mediation Program Coordinator work with the Presiding Judge of Chancery to complete a Residential Eviction Mediation Report, comply with any other reporting requirements hereunder, assist in the scheduling of mediations under this Progra,m and facilitate communications between the trial court and Court Appointed Mediator assigned to each case.

(b) Pursuant to 710 ILCS 35/7(a), a Mediator assigned to a case hereunder “may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation” but a mediator may disclose, under 710 ILCS 35/7(b)(1), “whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.” Such disclosures shall be made by the Mediator to the judge assigned to each case, as aforesaid, in the format provided for under these rules, or in such additional or other format as the Presiding Judge may deem appropriate.

(c) The Court shall report to the Supreme Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, and participant satisfaction rates and survey results. Said report shall be submitted to the Supreme Court on a quarterly basis or as requested by the Administrative Office of the Illinois Courts.

(d) The Eviction Mediation Program Coordinator shall report to the Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, participant satisfaction rates and survey results, the number of mediation sessions conducted, case outcomes, time from referral to resolution/return to court and a summary of noted problems relevant to the effective administration of the Program. Said report shall be submitted on a quarterly basis or as otherwise requested by the Office of the Chief Judge

14.30 SETTLEMENT PRIOR TO MEDIATION CONFERENCE
(a) Upon settlement of any mediation case pending before the Court, counsel for plaintiff shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The counsel for plaintiff shall also notify the mediator and the Eviction Mediation Program Coordinator that the mediation conference will not take place as scheduled. 

14.31 ORDERS ON AGREEMENT REACHED IN MEDIATION
(a) The Eviction Mediation Program Coordinator shall develop procedures to ensure that, in each case, a Residential Eviction Mediation Report is provided to the trial court prior to whatever next court date is set forth in the Mediation Referral Order. The Court will review that report with the parties when they then appear in court and shall enter such

14.31 ORDERS ON AGREEMENT REACHED IN MEDIATION
 
(a) The Eviction Mediation Program Coordinator shall develop procedures to ensure that, in each case, a Residential Eviction Mediation Report is provided to the trial court prior to whatever next court date is set forth in the Mediation Referral Order. The Court will review that report with the parties when they then appear in court and shall enter such orders as may be appropriate under the circumstances.  

(b) In the event of any party’s failure to appear or participate in the mediation, or of any breach or failure to perform by a party under any agreement reached in mediation prior to or contemporaneously with the entry of any final order in the case, the Court shall have authority to impose sanctions on that party, pursuant to and subject to the same restrictions as are provided for discovery violations under Illinois Supreme Court Rule 219. 

14.32  POST-MEDIATION CONFERENCE STATUS DATE

(a) The final order to be sent to each party by the attorney designated to appear at the post-mediation conference status date.

(b) All parties or their attorneys whose claim is not resolved after the mediation conference shall appear at the post-mediation conference status date. Failure to appear at the post-mediation conference status date may result in the entry of a default judgment or dismissal.

14.33   PRESIDING JUDGE AND REPORTING REQUIREMENTS

(a) The Presiding Judge of Chancery shall supervise the Court Ordered Eviction Mediation Program.

(b) The Presiding Judge of Chancery shall review applications submitted by candidates for appointment as a Mediator hereunder, as well as complaints about any particular Mediator or the process, and the determination as to the initial and continued eligibility of such candidates (or as the Presiding Judge delegates these rolls to the Eviction Mediation Program Coordinator); and

(c) General supervision over this program, including periodic reviews of its progress and effect to ensure appropriate recommendations may be submitted to the Chief Judge, ensuring that the training program is properly developed, and ensuring information about the availability of this program is readily available to the parties as well as attorneys and other professionals who may be interested in service as mediators hereunder.

14.34 LANGUAGE ACCESS
 
(a) It is the policy of this Program to provide meaningful language access to limited English proficient program participants at all stages of participation. Written materials originated by the Program shall be readily available in English and Spanish, and other language translations shall be reasonably made available upon request. Phone interpretation services may be available for all phone, video and in­ person communications, and in-person interpretation services shall be available for in-person mediation hearings unless impracticable. Language Access services shall be provided at no additional cost to the participants.

Court ordered mediation in civil cases in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is established by Administrative Order. The Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective October 1, 2007. Court ordered mediation shall be governed by Administrative Order and this Article.

14.01 PURPOSE OF THE MEDIATION PROCESS
Mediation under these rules involves a confidential process whereby a neutral mediator, selected by the parties or appointed by the Court, assists the litigants in reaching a mutually acceptable agreement. It is an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives and reaching an agreement. Parties and their representatives are required to mediate in good faith.  

14.02 CIVIL ACTIONS ELIGIBLE FOR COURT ORDERED MEDIATION
(a) Court ordered mediation for civil cases is undertaken and conducted in the Circuit Court for the 18th Judicial Circuit, and shall be effective for all eligible cases pending on or filed after October 1, 2007.(b) In order to further the purpose of court ordered mediation in civil cases, there shall be a presumption in favor of court ordered mediation for all cases eligible under these rules.(c) All civil actions seeking claims exclusively for money damages in an amount in excess of eligibility for Mandatory Arbitration in this Circuit, as well as all actions pending in the Chancery Division in this Circuit, shall be eligible for court ordered mediation. These civil actions shall be assigned to the Law Division Calendar or the Chancery Division Calendar of the Circuit Court of the 18th Judicial Circuit at the time of initial case filing with the Clerk of the Circuit Court, DuPage County, Illinois. (d) Civil actions, not originally assigned to the Law Division, including actions in Chancery and monetary issues in Domestic Relations cases, may be transferred upon the entry of an Order of Referral to court ordered mediation to the Supervising Judge for court ordered mediation.

14.03 FILING OF CASES ELIGIBLE FOR COURT ORDERED MEDIATION
In all civil actions eligible for court ordered mediation, the complaint and all summonses shall state in upper case letters on the upper right-hand corner, "THIS CASE IS ELIGIBLE FOR COURT ORDERED MEDIATION." 

14.04 DISCOVERY
(a) Discovery shall proceed as in all other civil actions.(b) Whenever possible, the parties are encouraged to limit discovery to the development of the information necessary to facilitate a meaningful mediation conference. Upon entry of an Order of Referral to court ordered mediation, discovery is deferred. The duty to supplement existing discovery continues throughout the mediation process. In the event the case is not resolved during the mediation process, upon transfer back to the trial judge, discovery may recommence.(c) All oral or written communications made throughout the mediation process shall be confidential, exempt from discovery and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise in writing. Evidence with respect to settlement agreements shall be admissible in proceedings to enforce the settlement. Subject to the foregoing, the mediator may not disclose any information obtained during the mediation process. 

14.05 ORDER OF REFERRAL TO COURT ORDERED MEDIATION
Pursuant to Supreme Court Rule 218, all mediation eligible cases shall be set for a case management conference within one hundred eighty two (182) days of filing. Following the Rule 218 conference, cases may be assigned to court ordered mediation. The entry of an Order of Referral to court ordered mediation assigns the case to court ordered mediation, and transfers the case to the Supervising Judge of court ordered mediation instanter. It also requires the parties to appear within fourteen (14) to twenty-one (21) days before the Supervising Judge for court ordered mediation. In the discretion of the trial judge on the Court's own motion or in response to a motion brought by any party, a case may be assigned to mediation before or after the Rule 218 Conference.  

14.06 PROCEDURE FOLLOWING ENTRY OF AN ORDER OF REFERRAL TO COURT ORDERED MEDIATION
(a) On the first appearance before the Supervising Judge for court ordered mediation, a mediator shall be selected. In the event the parties agree on the selection of a mediator, the Supervising Judge for court ordered mediation shall enter the Order for Mediation Conference. In the event the parties do not agree upon the selection of a mediator by the date set on the Order of Referral to court ordered mediation, the Court shall appoint a mediator from the list of Certified Court Appointed Mediators, and shall enter Order of Mediation Conference and Appointment of Certified Court Appointed Mediator.(b) Any party to a case may request advancement or postponement of a scheduled mediation hearing date by filing a written motion with the Clerk of the Circuit Court requesting the change. The notice of motion and motion shall be served upon counsel for all other parties, upon pro se parties as provided by the Supreme Court Rule and Rules of the Circuit Court of the 18th Judicial Circuit, upon the Arbitration/Mediation Center and upon the Mediator. The motion shall be set for hearing on the calendar of the Supervising Judge for Mediation. The motion shall be verified, contain a concise statement of the reason for the change of hearing date and be subject to Supreme Court Rule 137. The Supervising Judge may grant such advancement or postponement upon good cause shown.(c) After the entry of an order for court ordered mediation and not less than seven (7) days prior to the mediation conference date, any party may file a motion seeking the removal of its claim from mediation. The notice of motion and motion shall be served upon counsel for all other parties, upon pro se parties as provided by Supreme Court Rule and Rules of the Circuit Court of the 18th Judicial Circuit. The motion shall be set for hearing on the calendar of the Supervising Judge. The motion shall be verified and contain a concise statement of the basis for removal from mediation. 

14.07 LOCATION OF MEDIATION CONFERENCES
Unless all parties and the mediator otherwise agree, the location for the mediation conference shall be at a location within DuPage County designated by the mediator. 

14.08 ATTENDANCE AT A MEDIATION CONFERENCE
(a) All parties, attorneys, representatives with settlement authority and other individuals necessary to facilitate settlement of the dispute shall be present at each mediation conference unless excused by court order. A party is deemed to appear at a mediation conference if the following persons are physically present:(1) The party or its representative having full authority to settle without further consultation, and in all instances, the plaintiff must appear at the mediation conference; and(2) The party's counsel of record, if any; and(3) A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to negotiate and recommend settlements to the limits of the policy or the most recent demand, whichever is lower, without further consultation.(b) Upon motion, the Court may impose sanctions against any party, or attorney, who fails to comply with this rule, including but not limited to mediation costs and reasonable attorney fees relating to the mediation process. 

14.09 SETTLEMENT PRIOR TO MEDIATION CONFERENCE
Upon settlement of any mediation case pending before the Supervising Judge for court ordered mediation, counsel for plaintiff shall immediately notify the Supervising Judge in writing, and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The counsel for plaintiff shall also notify the mediator and the Arbitration/Mediation Center that the mediation conference will not take place as scheduled. 

14.10 TERMINATION AND REPORT OF MEDIATION CONFERENCE
(a) At any time after the mediation conference has begun, the mediator may continue or terminate the conference when:(1) In the mediator's opinion, no purpose would be served by continuing the conference; or(2) An individual necessary to facilitate settlement of the dispute is not present.(b) The mediator shall report to the Court in writing whether or not an agreement was reached by the parties within fourteen (14) days after the last day of the mediation conference. The report shall designate "Full Agreement," "Partial Agreement" or "No Agreement." This report shall be signed by the mediator and shall be filed with the Circuit Court Clerk within fourteen (14) days after the last day of mediation conference.(c) If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of the mediation conference. Each party and the mediator shall receive a copy of the full agreement, partial agreement or no agreement document.(d) If a full agreement was reached, the report shall state whether the action will be concluded by consent judgment or voluntary dismissal and shall identify the persons designated to file such consent judgment or dismissals, and indicate that such document shall be filed on or before the date set for post-mediation conference status.(e) If a partial agreement was reached, the report shall state which claims have been resolved and which claims are not resolved. Further, the report shall state whether the resolved claims will be concluded by consent judgment or voluntary dismissal and shall identify the persons designated to file such consent judgment or dismissal and indicate that such document shall be filed on or before the date set for post-mediation conference status.(f) If no agreement was reached, the mediator shall so report without comment or recommendation. The mediator shall also complete such other forms as may be required by the Circuit Court.(g) In the event of any breach or failure to perform under the "agreement," the Court upon motion may impose sanctions, including but not limited to costs, attorneys fees or entry of judgment on the agreement. 

14.11 POST-MEDIATION CONFERENCE STATUS DATE
(a) The party or attorney designated to file a consent judgment or order of dismissal pursuant to a "full agreement" or "partial agreement" shall appear on the post-mediation conference status date. The consent judgment or Order of Dismissal shall be entered by the Supervising Judge for court ordered mediation. Failure to appear on the post-mediation conference status day may result in the entry of a default judgment or dismissal.(b) All parties or their attorneys whose claim is not resolved after the mediation conference shall appear at the post-mediation conference status date. Failure to appear at the post-mediation conference status date may result in the entry of a default judgment or dismissal.(c) All matters not resolved by court ordered mediation may be reassigned and transferred by the Supervising Judge for court ordered mediation directly to the original trial judge or any other judge now sitting in his or her place for all further proceedings. 

14.12 MEDIATION CONFERENCE CONFIDENTIALITY
(a) Mediations pursuant to these rules shall be confidential and not open to the public. No one engaged in the mediation process under these rules shall be permitted to testify to, nor be compelled to disclose in any court, or to any administrative board or agency, or to any public officer, the statements by any person made in good faith in the course of the mediation process. A court reporter shall not be permitted without leave of court.(b) An exception to confidentiality may be authorized by order of court, when the court is considering a legal challenge to the written and signed report of agreement prepared pursuant to 14.10 above. 

14.13 MEDIATOR IMMUNITY
A mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity in the same manner and to the same extent as a judge, under the authority conferred by Supreme Court Rule 99(b)(1) as amended, effective October 10, 2001. 

14.14 CERTIFICATION OF MEDIATORS FOR COURT ORDERED MEDIATION
The 18th Judicial Circuit shall promulgate a list of mediators who have been certified by this Circuit to act as mediators for the court ordered mediation program. Those mediators certified by the 18th Judicial Circuit must:(a) Be a retired Illinois judge, a graduate of the original DuPage County Mediation Training conducted in 1996 or complete a forty (40) hour mediation training program approved by the ad hoc Civil ADR Committee designated in subparagraph (d) herein; and(b) Be a member listed in good standing with the Illinois Attorney Registration and Disciplinary Commission with at least ten (10) years of trial practice in Illinois; and(c) File an approved application form with the Chief Judge. Such applicant shall certify that he or she is licensed to practice law in the State of Illinois, that his or her license is in good standing, and that he or she has engaged in litigation for not less than ten (10) years, and that he or she has filed proof of legal malpractice insurance.(d) Applicants shall be certified by the majority of an ad hoc Civil ADR Committee of Judges by title consisting of the Chief Judge of the 18th Judicial Circuit, the Presiding Judge of the Law Division, the Presiding Judge of Chancery, the Supervising Judge for court ordered mediation and such other judges as shall be designated by the Chief Judge.(e) Mediators shall perform their first mediation pro bono.

14.15 RE-CERTIFICATION AND REMOVAL OF MEDIATORS FOR COURT ORDERED MEDIATION
(a) Any certified mediator who ceases to be listed in good standing with the Illinois Attorney Registration and Disciplinary Commission, or fails to yearly file a copy of proof of malpractice insurance, or otherwise fails to maintain the quality and integrity of the court ordered mediation program of the 18th Judicial Circuit shall lose his or her status as a court appointed mediator certified by the 18th Judicial Circuit for appointment.(b) Petition for removal of certification may be initiated by the Supervising Judge for court ordered mediation. The petition shall set forth the basis for removal. Prior to removal, the mediator may request an administrative hearing before the Chief Judge of the 18th Judicial Circuit. 

14.16 DISQUALIFICATION OF A MEDIATOR
(a) Any party may file a motion before the Supervising Judge for court ordered mediation to disqualify a mediator for good cause. If the Court rules that a mediator is disqualified from hearing a case, an order shall be entered setting forth the name of a replacement.(b) If the parties agree on a replacement, the Court shall approve the replacement of a certified mediator and enter an Order for Mediation Conference which sets forth the name of the replacement mediator. If the parties cannot agree on a replacement, the Court shall appoint a certified mediator, and enter an Order for Mediation Conference and Appointment of Certified Court Appointed Mediator.(c) Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending.(d) Any person selected or appointed to act as a mediator in any court ordered mediation case shall be barred from representing any party in that case. 

14.17 MEDIATOR COMPENSATION
(a) When the mediator is selected by the parties, the mediator's compensation shall be paid by the parties as agreed upon between the parties and the mediator.(b) When the parties cannot agree on a mediator, the Court shall appoint a mediator from the list of certified court appointed mediators. The compensation for a court appointed mediator shall be shared by all parties participating in the mediation conference. The fee for a court appointed mediator in the 18th Judicial Circuit shall be at the rate of $250 per hour. Once a mediator has been appointed, the mediator shall be entitled to a minimum of one hour's compensation.(c) If any party has been granted leave to sue or defend as a poor person pursuant to Supreme Court Rule 298, the Court shall appoint a mediator who shall serve pro bono without compensation from any party to the action.(d) A court appointed mediator's fee shall be subject to appropriate order or judgment for enforcement. 

14.18 FORM ORDERS
The following form orders shall be used for court ordered mediation:(a) Order of Referral to Court Ordered Mediation
(b) Order for Mediation
(c) Order for Mediation and Court Ordered Mediator
(d) Notice of Mediation Conference Completion
(e) Memorandum of Full Agreement
(f) Memorandum of Partial Agreement
(g) Confidentiality Agreement 

14.19 SUPERVISING JUDGE AND REPORTING REQUIREMENTS
(a) The Chief Judge of the 18th Judicial Circuit shall appoint a Judge of the 18th Judicial Circuit to act as Supervising Judge for Court Ordered Mediation in civil cases, who shall serve at the pleasure of the Chief Judge.(b) The Chief Judge of the 18th Judicial Circuit shall report annually to the Supreme Court of Illinois on this mediation program, including a count of the number of cases assigned to Court Ordered Mediation and the results achieved. 

14.20 DUTIES OF SUPERVISING JUDGE FOR MEDIATION
The duties of the Supervising Judge for Mediation shall include the following:(a) Approve or appoint mediator.(b) Hear motions to interpret all mediation rules.(c) Hear motions to advance, postpone or defer hearings.(d) Hear motions to disqualify a mediator.(e) Hear all post-mediation motions, including motions for entry of judgment, or other dispositive motions, prior to reassignment.(f) Transfer unresolved, post-mediation cases to originally assigned trial court.

ARTICLE 14 (PART 2): COURT ORDERED MEDIATION FOR RESIDENTIAL EVICTION CASES
Court ordered mediation in eviction cases in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is established by Administrative Order. The Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective August 31, 2021. Administrative Order and this Article shall govern court ordered residential eviction mediation.

14.21 PURPOSE OF THE RESIDENTIAL EVICTION MEDIATION PROCESS
The 18th Judicial Circuit Court Eviction Mediation Program (Program) is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. Its chief goal is to assist tenants and landlords in avoiding eviction and pursuing mutually beneficial alternatives. The Eviction Mediation Program is designed to aid in the administration of justice by promotion of judicial efficiency. Eviction mediation under these rules involves a confidential process whereby a neutral mediator, appointed by the Court, assists the litigants in reaching a mutually acceptable agreement. It is a mandatory process that is informal and non-adversarial in nature. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives, and reaching an agreement. 

14.22 EVICTION ACTIONS ELIGIBLE FOR COURT ORDERED MEDIATION
(a) This rule shall apply to all newly filed cases and all pending cases that have not already completed the physical eviction process. However, at any time the Judge can waive this requirement in the Judge's discretion either at the request of a litigant or sua sponte, and no requirements of the mediation program shall prohibit the Court from entering a Default Judgment.

14.23 FILING OF CASES ELIGIBLE FOR COURT ORDERED RESIDENTIAL EVICTION MEDIATION
(a) Cases filed after September 20, 2021 are required to provide notice of the eviction mediation program, notice is to be provided in substantially the following form, in a document which includes the caption for the case and otherwise conforms with all other requirements for pleadings filed in this Court (including a certificate of service and notice of filing):

NOTICE IS HEREBY GIVEN THAT THIS RESIDENTIAL EVICTION CASE IS SUBJECT TO THE RULES OF THE EIGHTEENTH JUDICIAL CIRCUIT’S EVICTION MEDIATION PROGRAM. You are hereby advised that, unless the Court determines that participation should be excused for any reason, the parties to this action will be required to participate in mediation prior to this case proceeding to trial.  The mediation required hereunder will be conducted in an informal forum, either contemporaneously at the courthouse or on a later date, when the parties can meet in person or on-line through the Zoom video-conferencing program. This mediation is intended to be non-adversarial in nature and confidential. The mediation program includes an initial screening process at the first court appearance, or prior to that date by contacting the Residential Eviction Mediation Program. The role of the court-appointed mediator assigned to your case will include, but is not limited to, assisting the parties in identifying issues, identifying resources which may be useful to either of the parties going forward, exploring settlement alternatives, and helping the parties reach an agreement to avoid the expense and consequences of trial. The Mediation required by these rules is being provided without charge - neither side is required to pay the mediator in these cases - and the process is governed by Article 14 (Part 2) of the Local Rules of the Eighteenth Judicial Circuit (Court-Ordered Mediation for Residential Eviction Cases) as well as the Illinois Uniform Mediation Act (710 ILCS 35/1, et seq.). 

AS A RESIDENTIAL TENANT NAMED AS A DEFENDANT HEREIN, YOU ARE FURTHER GIVEN NOTICE that there are resources available to assist you, including financial counseling services, legal assistance, and other resources, many of which are identified in the brochure being provided to you herewith (a copy of which may be found at https://www.dupageco.org/courts/

(b) However, consistent with S. Ct. Rule 101(g), failure to include the language or brochure above described on or with the summons shall not affect the jurisdiction of the court.

14.24 PROGRAM STAFF 
(a) The position of Eviction Mediation Program Coordinator is established to oversee the daily operations of the Program.

(b) The designated duties of the Eviction Mediation Program Coordinator as set out within these rules may be assigned, delegated, or referred to other court employees, financial and housing counseling agencies, legal aid organizations, bar associations, or other third parties as recognized by the Court.

14.25 ORDER OF REFERRAL TO COURT ORDERED MEDIATION AND OTHER SERVICES
(a) Enrollment in the Program shall occur before or during the first court appearance, or, if there is a continuance in the matter, prior to the continuance date. 

(b) To enroll in the program, any party may contact the Eviction Mediation Program Coordinator and begin the screening process. If one party has enrolled in the Program, the Eviction Mediation Program Coordinator shall make reasonable efforts to contact the other parties and engage them in the screening process. 

(c) During the screening process, the Program shall collect appropriate information and refer the party to appropriate services, including but not limited to financial counseling, rental assistance, and legal assistance. Any personal data captured by the Program shall be limited to use by the Program and its financial counseling and pro bono legal aid partners and shall not be shared or utilized for any other purposes. Aggregated, non-personal data shall be shared with the Administrative Office of the Illinois Courts, as set forth in section 14.29.

(d) As part of the Program, parties shall be provided a meaningful opportunity to access legal and financial counseling services to the extent their needs and interests demand, and as resources permit. These services may include some or all of, but not limited to: brief legal information, pro bono legal aid, financial counseling, housing counseling and technical assistance in preparing rental assistance applications. The Program shall have ultimate discretion as to what services are appropriate for any particular party. Participants shall be afforded a reasonable opportunity to pursue such services prior to mediation if the Program deems it necessary and/or in the interest of justice. 

(e) Once the defendant has been screened and referred to appropriate services as needed, the Program shall set a mediation date no later than 28 days from the first court appearance. 

(f) Parties may enter an agreed order to settle on the date of the first court appearance.

(g) If an order for mediation has been entered and the parties have not yet mediated but have reached an agreement, the parties may enter an agreed order and cancel the mediation appointment. 

(h) The parties may agree to subsequent mediation sessions prior to the expiration of 28 days from the first court appearance and the parties with their mediator shall pick mutually agreed upon dates and times for mediation. Mediation sessions outside of the 28 - day window may be scheduled by mutual agreement of the parties with approval of the Court.  

(i) Mediations may be conducted in person at the DuPage County 18th Judicial Circuit Court located at 505 N. County Farm Road, Wheaton, IL 60187, or via telephone or video conference. Location and format of mediation will be determined by the Chief Judge.

(j) The Court’s Mediation Referral Order shall include:

1. Instructions as to where, when and how the mediation will be expected to proceed and what each side should do to prepare for the same;
2. Instructions as to how the case should proceed in the event an agreement is reached through mediation; and
3. Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the order is for “TRIAL”). 

(k) The Eviction Mediation Program Coordinator, in consultation with the Arbitration Administrator shall develop forms and a process for the scheduling of each mediation.

(l) If a case is scheduled for trial in the Mediation Referral Order, it shall be subject to the applicable Illinois law and local rules governing trials in this circuit, with no continuances allowed other than as provided for in those rules.

(m) The parties should advise the Court, prior to the entry of a Mediation Referral Order, whether any discovery may be necessary prior to trial and the Court should consider the same in determining whether to schedule the case for STATUS or TRIAL. 

14.26   APPOINTMENT, QUALIFICATIONS AND COMPENSATION OF MEDIATORS
(a) No person shall serve as a Mediator, in any matter referred to mediation hereunder, if they have a potential conflict of interest or unless they have first satisfied the requirements necessary to be recognized as a Mediator hereunder. 

(b) The Presiding Judge of Chancery, or their designee, shall appoint mediators from a roster of approved Mediators, which shall be established by the Court.

(c) All eviction mediators shall successfully complete either (1) a minimum of forty (40) hours mediation training skills program, the content of which is acceptable to the Presiding Judge of Chancery, or their designee, plus an additional four (4) hour eviction mediation training which shall be approved by the Court or (2) they shall successfully complete an eight (8) hours eviction mediation training which shall be approved by the Court. Additionally, eviction mediators shall possess either: (i) a Juris Doctor degree with demonstrated experience or; (ii) a background in mediation with experience acceptable to the Court.

(d) The Approved List of Mediators will be updated from time to time to add the names of new members and remove those who either no longer qualify or who the Presiding Judge of Chancery determines have been unable to participate in this program to the extent they were initially expected to do so. 

(e) A Mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity as provided for in Illinois Supreme Court Rule 99(b). 

(f) The Presiding Judge of Chancery (or, at the Presiding Judge’s direction, the Program) has the discretion to determine the frequency and order of assignment of mediation cases to mediators on the roster of approved Mediators.

(h) A Mediator shall be compensated according to the rate established by the Court.

14.27  CONFIDENTIALITY, APPLICABILITY OF UNIFORM MEDIATION ACT
(a) Mediations conducted pursuant to these rules shall be governed by the Illinois Uniform Mediation Act, 735 ILCS 35/1, et seq. (The “Uniform Act”) and “Mediation Communications,” as defined therein, shall be deemed privileged and confidential, subject to those limitations as are provided in the Uniform Act.

14.28  ATTENDANCE AND PARTICIPATION IN MEDIATION
(a) The parties to a case which is scheduled for mediation pursuant to a Mediation Referral Order hereunder, are required to attend. If either of the parties is a corporation, that party must be represented by an individual with full authority to negotiate a settlement on behalf of the party. It is not required that such counsel participate, unless their participation would otherwise be required in a corresponding court proceeding, but any party to a mediation hereunder is entitled to have legal counsel present with them as they deem appropriate.

(b) The mediation will commence with introductory comments by the Mediator. The parties will be asked to execute a Confidentiality Agreement at that time and to make any introductory comments as may be appropriate. Thereafter, the Mediator may either work with the group all together or separate each side, allowing for the parties to caucus (a process which allows the Mediator to speak privately with each side outside the presence of the others). The parties and their counsel may also step away as needed to confer with each other. The mediation may be continued, if all agreed determine that a continuance could help facilitate settlement, but no continuance which would require the rescheduling of a trial date may proceed without court approval.

(c) At the conclusion of mediation, the Mediator shall inform the Eviction Mediation Program Coordinator of the mediation outcome and whether all parties attended and participated. If an agreement is reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation. The Mediator shall submit the executed agreement Residential Eviction Mediation Program Coordinator.

14.29  REPORTING REQUIREMENTS
(a) Following the conclusion of a mediation, the Eviction Mediation Program Coordinator work with the Presiding Judge of Chancery to complete a Residential Eviction Mediation Report, comply with any other reporting requirements hereunder, assist in the scheduling of mediations under this Progra,m and facilitate communications between the trial court and Court Appointed Mediator assigned to each case.

(b) Pursuant to 710 ILCS 35/7(a), a Mediator assigned to a case hereunder “may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation” but a mediator may disclose, under 710 ILCS 35/7(b)(1), “whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.” Such disclosures shall be made by the Mediator to the judge assigned to each case, as aforesaid, in the format provided for under these rules, or in such additional or other format as the Presiding Judge may deem appropriate.

(c) The Court shall report to the Supreme Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, and participant satisfaction rates and survey results. Said report shall be submitted to the Supreme Court on a quarterly basis or as requested by the Administrative Office of the Illinois Courts.

(d) The Eviction Mediation Program Coordinator shall report to the Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, participant satisfaction rates and survey results, the number of mediation sessions conducted, case outcomes, time from referral to resolution/return to court and a summary of noted problems relevant to the effective administration of the Program. Said report shall be submitted on a quarterly basis or as otherwise requested by the Office of the Chief Judge

14.30 SETTLEMENT PRIOR TO MEDIATION CONFERENCE
(a) Upon settlement of any mediation case pending before the Court, counsel for plaintiff shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The counsel for plaintiff shall also notify the mediator and the Eviction Mediation Program Coordinator that the mediation conference will not take place as scheduled. 

14.31 ORDERS ON AGREEMENT REACHED IN MEDIATION
(a) The Eviction Mediation Program Coordinator shall develop procedures to ensure that, in each case, a Residential Eviction Mediation Report is provided to the trial court prior to whatever next court date is set forth in the Mediation Referral Order. The Court will review that report with the parties when they then appear in court and shall enter such

14.31 ORDERS ON AGREEMENT REACHED IN MEDIATION
 
(a) The Eviction Mediation Program Coordinator shall develop procedures to ensure that, in each case, a Residential Eviction Mediation Report is provided to the trial court prior to whatever next court date is set forth in the Mediation Referral Order. The Court will review that report with the parties when they then appear in court and shall enter such orders as may be appropriate under the circumstances.  

(b) In the event of any party’s failure to appear or participate in the mediation, or of any breach or failure to perform by a party under any agreement reached in mediation prior to or contemporaneously with the entry of any final order in the case, the Court shall have authority to impose sanctions on that party, pursuant to and subject to the same restrictions as are provided for discovery violations under Illinois Supreme Court Rule 219. 

14.32  POST-MEDIATION CONFERENCE STATUS DATE

(a) The final order to be sent to each party by the attorney designated to appear at the post-mediation conference status date.

(b) All parties or their attorneys whose claim is not resolved after the mediation conference shall appear at the post-mediation conference status date. Failure to appear at the post-mediation conference status date may result in the entry of a default judgment or dismissal.

14.33   PRESIDING JUDGE AND REPORTING REQUIREMENTS

(a) The Presiding Judge of Chancery shall supervise the Court Ordered Eviction Mediation Program.

(b) The Presiding Judge of Chancery shall review applications submitted by candidates for appointment as a Mediator hereunder, as well as complaints about any particular Mediator or the process, and the determination as to the initial and continued eligibility of such candidates (or as the Presiding Judge delegates these rolls to the Eviction Mediation Program Coordinator); and

(c) General supervision over this program, including periodic reviews of its progress and effect to ensure appropriate recommendations may be submitted to the Chief Judge, ensuring that the training program is properly developed, and ensuring information about the availability of this program is readily available to the parties as well as attorneys and other professionals who may be interested in service as mediators hereunder.

14.34 LANGUAGE ACCESS
 
(a) It is the policy of this Program to provide meaningful language access to limited English proficient program participants at all stages of participation. Written materials originated by the Program shall be readily available in English and Spanish, and other language translations shall be reasonably made available upon request. Phone interpretation services may be available for all phone, video and in­ person communications, and in-person interpretation services shall be available for in-person mediation hearings unless impracticable. Language Access services shall be provided at no additional cost to the participants.

Court ordered mediation in eviction cases in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is established by Administrative Order. The Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective August 31, 2021. Administrative Order and this Article shall govern court ordered residential eviction mediation.

14.21 PURPOSE OF THE RESIDENTIAL EVICTION MEDIATION PROCESS
The 18th Judicial Circuit Court Eviction Mediation Program (Program) is designed to help mitigate the surge of evictions resulting from the COVID-19 pandemic, and the ensuing economic fallout. Its chief goal is to assist tenants and landlords in avoiding eviction and pursuing mutually beneficial alternatives. The Eviction Mediation Program is designed to aid in the administration of justice by promotion of judicial efficiency. Eviction mediation under these rules involves a confidential process whereby a neutral mediator, appointed by the Court, assists the litigants in reaching a mutually acceptable agreement. It is a mandatory process that is informal and non-adversarial in nature. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives, and reaching an agreement. 

14.22 EVICTION ACTIONS ELIGIBLE FOR COURT ORDERED MEDIATION
(a) This rule shall apply to all newly filed cases and all pending cases that have not already completed the physical eviction process. However, at any time the Judge can waive this requirement in the Judge's discretion either at the request of a litigant or sua sponte, and no requirements of the mediation program shall prohibit the Court from entering a Default Judgment.

14.23 FILING OF CASES ELIGIBLE FOR COURT ORDERED RESIDENTIAL EVICTION MEDIATION
(a) Cases filed after September 20, 2021 are required to provide notice of the eviction mediation program, notice is to be provided in substantially the following form, in a document which includes the caption for the case and otherwise conforms with all other requirements for pleadings filed in this Court (including a certificate of service and notice of filing):

NOTICE IS HEREBY GIVEN THAT THIS RESIDENTIAL EVICTION CASE IS SUBJECT TO THE RULES OF THE EIGHTEENTH JUDICIAL CIRCUIT’S EVICTION MEDIATION PROGRAM. You are hereby advised that, unless the Court determines that participation should be excused for any reason, the parties to this action will be required to participate in mediation prior to this case proceeding to trial.  The mediation required hereunder will be conducted in an informal forum, either contemporaneously at the courthouse or on a later date, when the parties can meet in person or on-line through the Zoom video-conferencing program. This mediation is intended to be non-adversarial in nature and confidential. The mediation program includes an initial screening process at the first court appearance, or prior to that date by contacting the Residential Eviction Mediation Program. The role of the court-appointed mediator assigned to your case will include, but is not limited to, assisting the parties in identifying issues, identifying resources which may be useful to either of the parties going forward, exploring settlement alternatives, and helping the parties reach an agreement to avoid the expense and consequences of trial. The Mediation required by these rules is being provided without charge - neither side is required to pay the mediator in these cases - and the process is governed by Article 14 (Part 2) of the Local Rules of the Eighteenth Judicial Circuit (Court-Ordered Mediation for Residential Eviction Cases) as well as the Illinois Uniform Mediation Act (710 ILCS 35/1, et seq.). 

AS A RESIDENTIAL TENANT NAMED AS A DEFENDANT HEREIN, YOU ARE FURTHER GIVEN NOTICE that there are resources available to assist you, including financial counseling services, legal assistance, and other resources, many of which are identified in the brochure being provided to you herewith (a copy of which may be found at https://www.dupageco.org/courts/

(b) However, consistent with S. Ct. Rule 101(g), failure to include the language or brochure above described on or with the summons shall not affect the jurisdiction of the court.

14.24 PROGRAM STAFF 
(a) The position of Eviction Mediation Program Coordinator is established to oversee the daily operations of the Program.

(b) The designated duties of the Eviction Mediation Program Coordinator as set out within these rules may be assigned, delegated, or referred to other court employees, financial and housing counseling agencies, legal aid organizations, bar associations, or other third parties as recognized by the Court.

14.25 ORDER OF REFERRAL TO COURT ORDERED MEDIATION AND OTHER SERVICES
(a) Enrollment in the Program shall occur before or during the first court appearance, or, if there is a continuance in the matter, prior to the continuance date. 

(b) To enroll in the program, any party may contact the Eviction Mediation Program Coordinator and begin the screening process. If one party has enrolled in the Program, the Eviction Mediation Program Coordinator shall make reasonable efforts to contact the other parties and engage them in the screening process. 

(c) During the screening process, the Program shall collect appropriate information and refer the party to appropriate services, including but not limited to financial counseling, rental assistance, and legal assistance. Any personal data captured by the Program shall be limited to use by the Program and its financial counseling and pro bono legal aid partners and shall not be shared or utilized for any other purposes. Aggregated, non-personal data shall be shared with the Administrative Office of the Illinois Courts, as set forth in section 14.29.

(d) As part of the Program, parties shall be provided a meaningful opportunity to access legal and financial counseling services to the extent their needs and interests demand, and as resources permit. These services may include some or all of, but not limited to: brief legal information, pro bono legal aid, financial counseling, housing counseling and technical assistance in preparing rental assistance applications. The Program shall have ultimate discretion as to what services are appropriate for any particular party. Participants shall be afforded a reasonable opportunity to pursue such services prior to mediation if the Program deems it necessary and/or in the interest of justice. 

(e) Once the defendant has been screened and referred to appropriate services as needed, the Program shall set a mediation date no later than 28 days from the first court appearance. 

(f) Parties may enter an agreed order to settle on the date of the first court appearance.

(g) If an order for mediation has been entered and the parties have not yet mediated but have reached an agreement, the parties may enter an agreed order and cancel the mediation appointment. 

(h) The parties may agree to subsequent mediation sessions prior to the expiration of 28 days from the first court appearance and the parties with their mediator shall pick mutually agreed upon dates and times for mediation. Mediation sessions outside of the 28 - day window may be scheduled by mutual agreement of the parties with approval of the Court.  

(i) Mediations may be conducted in person at the DuPage County 18th Judicial Circuit Court located at 505 N. County Farm Road, Wheaton, IL 60187, or via telephone or video conference. Location and format of mediation will be determined by the Chief Judge.

(j) The Court’s Mediation Referral Order shall include:

(i) Instructions as to where, when and how the mediation will be expected to proceed and what each side should do to prepare for the same;

(ii) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and

(iii) Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the order is for “TRIAL”). 

(k) The Eviction Mediation Program Coordinator, in consultation with the Arbitration Administrator shall develop forms and a process for the scheduling of each mediation.

(l) If a case is scheduled for trial in the Mediation Referral Order, it shall be subject to the applicable Illinois law and local rules governing trials in this circuit, with no continuances allowed other than as provided for in those rules.

(m) The parties should advise the Court, prior to the entry of a Mediation Referral Order, whether any discovery may be necessary prior to trial and the Court should consider the same in determining whether to schedule the case for STATUS or TRIAL. 

14.26   APPOINTMENT, QUALIFICATIONS AND COMPENSATION OF MEDIATORS
(a) No person shall serve as a Mediator, in any matter referred to mediation hereunder, if they have a potential conflict of interest or unless they have first satisfied the requirements necessary to be recognized as a Mediator hereunder. 

(b) The Presiding Judge of Chancery, or their designee, shall appoint mediators from a roster of approved Mediators, which shall be established by the Court.

(c) All eviction mediators shall successfully complete either (1) a minimum of forty (40) hours mediation training skills program, the content of which is acceptable to the Presiding Judge of Chancery, or their designee, plus an additional four (4) hour eviction mediation training which shall be approved by the Court or (2) they shall successfully complete an eight (8) hours eviction mediation training which shall be approved by the Court. Additionally, eviction mediators shall possess either: (i) a Juris Doctor degree with demonstrated experience or; (ii) a background in mediation with experience acceptable to the Court.

(d) The Approved List of Mediators will be updated from time to time to add the names of new members and remove those who either no longer qualify or who the Presiding Judge of Chancery determines have been unable to participate in this program to the extent they were initially expected to do so. 

(e) A Mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity as provided for in Illinois Supreme Court Rule 99(b). 

(f) The Presiding Judge of Chancery (or, at the Presiding Judge’s direction, the Program) has the discretion to determine the frequency and order of assignment of mediation cases to mediators on the roster of approved Mediators.

(h) A Mediator shall be compensated according to the rate established by the Court.

14.27  CONFIDENTIALITY, APPLICABILITY OF UNIFORM MEDIATION ACT
(a) Mediations conducted pursuant to these rules shall be governed by the Illinois Uniform Mediation Act, 735 ILCS 35/1, et seq. (The “Uniform Act”) and “Mediation Communications,” as defined therein, shall be deemed privileged and confidential, subject to those limitations as are provided in the Uniform Act.

14.28  ATTENDANCE AND PARTICIPATION IN MEDIATION
(a) The parties to a case which is scheduled for mediation pursuant to a Mediation Referral Order hereunder, are required to attend. If either of the parties is a corporation, that party must be represented by an individual with full authority to negotiate a settlement on behalf of the party. It is not required that such counsel participate, unless their participation would otherwise be required in a corresponding court proceeding, but any party to a mediation hereunder is entitled to have legal counsel present with them as they deem appropriate.

(b) The mediation will commence with introductory comments by the Mediator. The parties will be asked to execute a Confidentiality Agreement at that time and to make any introductory comments as may be appropriate. Thereafter, the Mediator may either work with the group all together or separate each side, allowing for the parties to caucus (a process which allows the Mediator to speak privately with each side outside the presence of the others). The parties and their counsel may also step away as needed to confer with each other. The mediation may be continued, if all agreed determine that a continuance could help facilitate settlement, but no continuance which would require the rescheduling of a trial date may proceed without court approval.

(c) At the conclusion of a mediation hereunder, the Mediator should prepare a Residential Eviction Mediation Report confirming when the required mediation occurred, whether all parties attended and participated, and whether an agreement was reached. If an agreement was reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation and that agreement should be included with the Residential Eviction Mediation Report.

14.29  REPORTING REQUIREMENTS
(a) Following the conclusion of a mediation hereunder, the Mediator is required to provide a Residential Eviction Mediation Report, together with a copy of any agreement executed by the parties, to the Eviction Mediation Program Coordinator, which will work with the Presiding Judge of Chancery to ensure compliance with any reporting requirements hereunder, assist in the scheduling of mediations under this program, and facilitate communications between the trial court and Court Appointed Mediator assigned to each case.

(b) Pursuant to 710 ILCS 35/7(a), a Mediator assigned to a case hereunder “may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation” but a mediator may disclose, under 710 ILCS 35/7(b)(1), “whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.” Such disclosures shall be made by the Mediator to the judge assigned to each case, as aforesaid, in the format provided for under these rules, or in such additional or other format as the Presiding Judge may deem appropriate.

(c) The Court shall report to the Supreme Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, and participant satisfaction rates and survey results. Said report shall be submitted to the Supreme Court on a quarterly basis or as requested by the Administrative Office of the Illinois Courts.

(d) The Eviction Mediation Program Coordinator shall report to the Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, participant satisfaction rates and survey results, the number of mediation sessions conducted, case outcomes, time from referral to resolution/return to court and a summary of noted problems relevant to the effective administration of the Program. Said report shall be submitted on a quarterly basis or as otherwise requested by the Office of the Chief Judge

14.30 SETTLEMENT PRIOR TO MEDIATION CONFERENCE
(a) Upon settlement of any mediation case pending before the Court, counsel for plaintiff shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The counsel for plaintiff shall also notify the mediator and the Eviction Mediation Program Coordinator that the mediation conference will not take place as scheduled. 

14.31 ORDERS ON AGREEMENT REACHED IN MEDIATION
(a) The Eviction Mediation Program Coordinator shall develop procedures to ensure that, in each case, a Residential Eviction Mediation Report is provided to the trial court prior to whatever next court date is set forth in the Mediation Referral Order. The Court will review that report with the parties when they then appear in court and shall enter such

14.31 ORDERS ON AGREEMENT REACHED IN MEDIATION
(a) The Eviction Mediation Program Coordinator shall develop procedures to ensure that, in each case, a Residential Eviction Mediation Report is provided to the trial court prior to whatever next court date is set forth in the Mediation Referral Order. The Court will review that report with the parties when they then appear in court and shall enter such orders as may be appropriate under the circumstances. 

(b) In the event of any party’s failure to appear or participate in the mediation, or of any breach or failure to perform by a party under any agreement reached in mediation prior to or contemporaneously with the entry of any final order in the case, the Court shall have authority to impose sanctions on that party, pursuant to and subject to the same restrictions as are provided for discovery violations under Illinois Supreme Court Rule 219. 

14.32  POST-MEDIATION CONFERENCE STATUS DATE
(a) The final order to be sent to each party by the attorney designated to appear at the post-mediation conference status date.

(b) All parties or their attorneys whose claim is not resolved after the mediation conference shall appear at the post-mediation conference status date. Failure to appear at the post-mediation conference status date may result in the entry of a default judgment or dismissal.

14.33   PRESIDING JUDGE AND REPORTING REQUIREMENTS
(a) The Presiding Judge of Chancery shall supervise the Court Ordered Eviction Mediation Program.

(b) The Presiding Judge of Chancery shall review applications submitted by candidates for appointment as a Mediator hereunder, as well as complaints about any particular Mediator or the process, and the determination as to the initial and continued eligibility of such candidates (or as the Presiding Judge delegates these rolls to the Eviction Mediation Program Coordinator); and

(c) General supervision over this program, including periodic reviews of its progress and effect to ensure appropriate recommendations may be submitted to the Chief Judge, ensuring that the training program is properly developed, and ensuring information about the availability of this program is readily available to the parties as well as attorneys and other professionals who may be interested in service as mediators hereunder.

14.34 LANGUAGE ACCESS
(a) It is the policy of this Program to provide meaningful language access to limited English proficient program participants at all stages of participation. Written materials originated by the Program shall be readily available in English and Spanish, and other language translations shall be reasonably made available upon request. Phone interpretation services may be available for all phone, video and in­ person communications, and in-person interpretation services shall be available for in-person mediation hearings unless impracticable. Language Access services shall be provided at no additional cost to the participants.

View 15.15 through 15.26
15.01 DEFINITIONS
For purposes of these rules, a domestic relations case is defined as any proceeding arising under the provisions of Chapter 750 of the Illinois Compiled Statutes, which seeks an order or judgment relating to a new action or modification of an action for dissolution of marriage, declaration of invalidity of marriage or legal separation, dissolution of a civil union, an Order of Protection, or relief pursuant to the Illinois Parentage Act of 2015. These rules are promulgated in accordance with the authority conferred in Section 802 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/802) and the Illinois Code of Civil Procedure.

15.02 APPLICABILITY AND CASE DESIGNATION
These rules, to the extent not inconsistent with the Rules of the Illinois Supreme Court and the Illinois Compiled Statutes, shall apply to all domestic relations cases, as defined in Local Rule 15.01. In all newly filed cases seeking dissolution or declaration of invalidity, if there are one or more minor children of the marriage at the time of filing, the complaint shall be designated "Petition for Dissolution of Marriage, Minor Children," and the Clerk of the Circuit Court shall maintain such designation. In all pre-decree dissolution cases, if there are one or more minor children of the civil union at the time of filling, the complaint shall be designated "petition for Dissolution of Civil Union, Minor Children," and the Clerk of the Circuit Court shall maintain such designation.

15.03 MARRIAGE
(a) A petition for an order directing the County Clerk of DuPage County to issue a marriage license as provided in 750 ILCS 5/201 et seq. shall be presented to the Presiding Judge of the Domestic Relations Division.

(b) The issuance of a marriage license by the County Clerk of DuPage shall be prima facie evidence of compliance with the statute and may be relied upon by any Judge assigned to perform a marriage ceremony.

15.04 TIME LIMITATIONS IN CHILD CUSTODY OR ALLOCATION OF PARENTAL RESPONSIBILITIES CASES
Illinois Supreme Court Rule 922 governing "Time Limitations" is incorporated herein. Except as provided in Illinois Supreme Court Rule 922, all custody or allocation of parental responsibilities cases as defined in Illinois Supreme Court Rule 900(b)(1) shall be resolved within 18 months from service of the petition or complaint to final order.

15.05 DISCOVERY
The provisions pertaining to discovery contained in Local Rules 7.01 and 7.02 are also applicable to all cases for declaration of invalidity of marriage, dissolution of marriage, legal separation or miscellaneous remedies (MR) and parentage (F) cases assigned to Domestic Relations.

In all Domestic Relations proceedings involving child support, children's expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney's fees, each party other than the Illinois Department of Healthcare and Family Services shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court. The Financial Affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking and credit card statements.

A Financial Affidavit shall not be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of the State of Illinois or any other State agency. A Financial Affidavit shall be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of an individual, however supporting documentary evidence shall not be required.

(a) Mandatory Financial Affidavit

1. Pre-Judgment Proceedings:

a) Within thirty (30) days of the filing of the respondent's general appearance or the first responsive pleading in any  pre-judgment Domestic Relations proceeding for, each party shall serve upon all parties entitled to notice, a completed Financial Affidavit in the form approved by the Illinois Supreme Court.
b) At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.
c) If any request for temporary financial relief is made prior to the expiration of thirty (30) days for the filing of respondent's appearance or first responsive pleading, a Financial Affidavit and required financial documents shall be served contemporaneously with the notice and the petition/motion seeking temporary financial relief. The responding party shall provide a Financial Affidavit and required documents to all parties entitled to notice and to the C, with the response to the temporary petition/motion, not less than two (2) days prior to the hearing on the temporary financial relief.

2. Post-Judgment Proceeding:

a) In any post-judgment financial Domestic Relations proceedings (excluding enforcement proceedings), the moving party shall tender a Financial Affidavit to the opposing party within thirty (30) days of the filing of the post-judgment proceeding, and the opposing party shall tender to the moving party a Financial Affidavit with thirty (30) days of receiving the moving party's Financial Affidavit.

3. Extension of Time:

a) The Court, in its discretion, may extend the time for tendering of the Financial Affidavits and required documents, as required in paragraphs 1 and 2 above, on notice and motion and for good cause shown.

b) Duty to Update. Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty (30) days before trial.

c) Sanctions for Non-Compliance. Upon motion by any party, the Court may impose such sanctions for any violation of Rule 15.05 DISCOVERY, including all sanctions set forth in Supreme Court Rule 219.

d) Additional Discovery. Until a party has tendered a completed Financial Affidavit, such party shall not make discovery requests to the opposing party that duplicate information required in a Financial Affidavit.

15.05.01 JURISDICTION AND VENUE
(a) The proceedings shall be had in the county where the petitioner or the respondent resides, except as otherwise provided herein. The parties, other than the Illinois Department of Healthcare and Family Services, must sign an Affidavit of Venue to confirm that venue in DuPage County is proper.

(b) If neither of the parties resides in DuPage County, either or both of the parties must file a written motion advising the Court that the forum selected is not one of proper venue and seeking an appropriate order from the Court allowing a waiver of the venue requirements of Section 5/104 of the IMDMA. The waiver of venue motion must be filed before any other pleadings and shall be filed along with the original petition for dissolution of marriage.

15.05.02 PROVE UPS
(a) Prove ups may be done at any point before any judge in the Domestic Relations division at the discretion of the court.

(b) The necessary prove-up documents are:

Marital Settlement Agreement
Final Allocation Judgment - Allocation of Parental Responsibilities and Parenting Plan (if applicable)
Child Support Calculation (if applicable)
Certificates of Completion of Caring and Coping Class (if applicable)
Certificate of Dissolution

15.05.03 DUE DILIGENCE AFFIDAVIT; LEAVE TO SERVE BY PUBLICATION
(a) A party seeking the entry of a default judgment must file an affidavit of due diligence of service attempts.

(b) If the petitioner is seeking a default by way of publication, the petitioner must first seek leave of court in order to do so.

15.06 EDUCATION PROGRAM

(a) The Circuit Court of DuPage County has established two separate Education Programs for divorcing and never-married parents conducted through the DuPage County Family Center. The education programs cover the subjects of parenting time, custody, co-parenting or allocation of parental responsibilities, communication and the impact of these issues on children. These programs are The Caring, Coping and Children (CCC) Program and the Parents and Kids (PAK) Program.

(b) In all pre-judgment parentage (FA) cases in which the parties have a minor child, the parties must complete the Parents and Kids (PAK) Program as soon as possible after the establishment of parentage but in no event later than sixty (60) days after the initial status conference.

(c) In all pre-judgment dissolution of marriage (DD) cases in which the parties have a minor child, the parties must complete the Caring, Coping, and Children (CCC) Program as soon as possible, but no later than 60 days after the initial status conference.

(d) Except when excused by the Court for good cause shown, each party's attendance and completion of the Education Program is mandatory. The Court shall not excuse a party's attendance and completion of the Education Program unless the reason is documented in the record and a finding is made that excusing one or both parents from attendance is in the best interests of the children.

(e) Willful failure to comply with the Education Program requirement may result in sanctions by the Court.

15.07 STATUS CONFERENCE
(a) The purpose of a status conference is to prevent delay in the disposition of the case and to monitor compliance with court rules.

(b) An initial status shall be assigned by the Clerk of the Court upon a case being filed under the Illinois Marriage and Dissolution of Marriage Act or the Illinois Parentage Act of 2015. At the initial status, if not earlier, the parties or attorneys of record whom are knowledgeable as to the issues in the case, shall report the progress of the case to the Court, including:  

Compliance with the parenting education program requirement of Illinois Supreme Court Rule 924 and Local Rule 15.06;
Agreed custody or allocation or parental responsibilities arrangements and parenting plans, if any;
the scheduling of mediation in compliance with Illinois Supreme Court Rule 905(b), if require; and
Whether Financial Disclosure Statements have been exchanged.
(c) A status shall be scheduled every thirty (30) to sixty (60) days thereafter unless otherwise directed by the Court. In addition to other matters the Court chooses to address, the Court shall consider whether to appoint attorney for the child, a guardian ad litem, or a child representative in accordance with 750 ILCS 5/506.

15.08 TITLES ON ALL PETITIONS, MOTIONS AND ORDERS
(a) All petitions and motions submitted to the Court in domestic relations cases shall be substantially in the approved form provided by law and shall begin with a title that accurately describes the contents of the petition or motion.

(b) All petitions and motions shall include a recitation of the statutory or case law basis for said relief. Filings that fail to comply with this requirement may be stricken on the court's motion.

(c) If any order submitted to the Court is agreed, the adjective "agreed" should precede the word "order" in the title.

15.09 MOTIONS AND HEARINGS
(a) Except for the initial status date provided in Local rule 15.07, all court dates and times, including pre-trial and trial dates, shall be obtained from the trial judge or one of the court schedulers at the direction of the trial judge.

(b) Notice. Except for emergency matters, the moving party shall serve proper notice for all motions or petitions for relief in accordance with Local Rule 6.04(d). The notice provided shall state that the motion will be presented on the date specified in the notice.

(c) Presentment Call. Except for emergency matters, all motions and petitions shall be placed on the Court's presentment call, by contacting the court scheduler, prior to being set for hearing. The presentment call commences at such time as set by Administrative Order. No contested matters shall be heard during the presentment call. If the motion or petition is not resolved by agreement, an Order shall be entered setting a briefing schedule granting the defending party reasonable time to respond or otherwise plead and setting a future status or hearing date on the underlying motion or petition.

(d) Hearings. All hearing dates will be assigned by the Court in its discretion. Courtesy copies shall be delivered to the Court by the moving party prior to the hearing pursuant to Rule 6.05(c). Failure to provide courtesy copies in compliance with these Rules may result in a continuance of the hearing by the Court.

(e) Changes in Court Dates Initiated by the Court.

Whenever the assigned judge determines it necessary to reschedule a court date, the court scheduler, at the direction of the assigned judge, shall prepare an order for signature by the assigned judge.  
A copy of the order shall be sent by the court scheduler to all attorneys of record in the case.
Whenever possible, attorneys of record shall be contacted by the court scheduler beforehand to obtain a mutually acceptable date.
(f) Other Changes in Court Dates:  

All agreed motions for a change in court date must be presented in writing with required notice. If the agreed motion is to change the date of a prove-up or a hearing on a motion, the matter will be reset to an available date. If the agreed motion is to change the date of a pre-trial or trial date, the motion will be placed on the judge's motion call by the court scheduler.
Any request for a change in court date which is not by agreement shall be placed on the judge's motion call by the court scheduler.
No pre-trials or trials shall be continued except upon written motion and written order after hearing.
An appropriate order must be presented to the court scheduler at the time a change in court date is scheduled. The order shall include a paragraph striking the existing date from the call. If the date appearing on an order resetting a prove-up or a hearing of a motion is not available on the appropriate call of the assigned judge, the court scheduler shall place the case on the motion call or prove-up call of the assigned judge on the next available date to which the attorneys can agree.  
15.10 EMERGENCY MATTERS
(a) Designation of a matter as an "emergency" is determined to be an extraordinary measure and shall be heard at the discretion of the Court.

(b) Emergency motions will be heard by the Judge assigned to the case. If the assigned Judge is unavailable, then the emergency motions shall be heard by the Presiding Judge or his or her designee.

(c) The proponent of an alleged "emergency" matter shall have the initial burden of proving the emergency which burden shall include, at a minimum:  

Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08;
Inability to obtain an assignment on the regularly scheduled call within a reasonable time given the circumstances for which or from which relief is sought; and
That immediate and irreparable injury, loss or damage will result if the relief is not granted.  

(d) Upon a determination by the Court that a matter does not meet the criteria for "emergency" matters, an order so finding shall be entered and the matter may be set on a regular call. Upon oral motion by a party or their attorney who responds to an alleged "emergency", the party or their attorney may be entitled to reimbursement from the movant for actual expenses, fees and costs incurred in responding to the motion.

15.11 MOTIONS FOR TEMPORARY RELIEF
(a) Except as otherwise provided by law, in all proceedings involving petitions for temporary relief, the moving party shall serve proper notice in accordance with Local Rule 6.04 and provide, to opposing counsel, the necessary Financial Affidavit in accordance with Local Rule 15.05.

(b) In any proceeding to set temporary relief (including initial or temporary child support and maintenance), the moving party may set the petition on the Court's presentment call, pursuant to Local Rule 15.09(c). The moving party shall serve notice, accompanied by a copy of a verified petition intended to be filed in the cause, and present said Temporary Relief Petition in accordance with Local Court Rules 6.04(d) and 15.05. 

15.12 RULE TO SHOW CAUSE
(a) In any proceeding seeking a Rule To Show Cause, the moving party may set the petition on the Court's presentment call, pursuant to Local Rule 15.09(c). The moving party shall serve notice, accompanied by a copy of the verified petition intended to be filed in the cause. No Rule to Show Cause shall issue except upon proper Notice and Motion, and except upon a prima facie showing of contempt by verified pleading.

(b) Upon presentment, the Court shall set the Petition for Rule to Show Cause for hearing not less than fourteen (14) days nor more than thirty (30) days from the date of presentment. Further, the Court may order the Rule returnable on the same day, if the Rule issues.

(c) The Order setting the Petition for Rule to Show Cause for hearing shall be served in accordance with Illinois Supreme Court Rules as in service of summons.

15.13 CONSOLIDATION OF GUARDIANSHIP CASES
When any divorce, parentage, or petition for custody or allocation of parental responsibilities involving custody or allocation of parental responsibilities of a child or children is pending, any action for creation or termination of the guardianship of the same minor child or children shall be transferred to the domestic relations division, to be heard by the same judge assigned the domestic relations or parentage case.

15.14 GUARDIANS AD LITEM, CHILD REPRESENTATIVES, AND ATTORNEYS FOR CHILDREN
(a) QUALIFICATIONS

The 18th Judicial Circuit shall promulgate a list of attorneys who have been approved by this Court to act as Guardians ad Litem, Child Representatives, or Attorneys for Children. These Guardians ad Litem, Child Representatives, or Attorneys for Children, approved by the Chief Judge, and the Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit, must file the required application, supply supporting documentation and meet the following criteria:

(a) Shall satisfactorily complete a Guardians ad Litem/Child Representatives/Attorneys for Children training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time, in accordance with Illinois Supreme Court Rule 906(c). Said training program shall consist of ten (10) hours in the two (2) years prior to the date the attorney qualifies for appointment in approved continuing legal education courses in the following areas: child development; roles of guardian ad litem and child representative; ethics in child custody or allocation of parental responsibilities cases; relevant substantive state, federal, and case law in custody or allocation of parental responsibilities and visitation or parenting time matters; family dynamics, including substance abuse, domestic abuse, and mental health issues.

(b) Hold a valid license to practice law in the State of Illinois and be in good standing.

(c) Maintain an office in DuPage County.

(d) Shall serve at the discretion of the Presiding Judge.

(e) Shall provide evidence of malpractice insurance in an amount as set by the Presiding Judge.

(f) Shall agree to appointment as a Guardian ad Litem/Child Representative/Attorney for Child(ren) in at least one(1) reduced fee or pro bono cases per year as identified by the Court.

(b) APPOINTMENT PROCEDURE

(1) Upon the Court order appointing a Guardian ad Litem/Child Representative/Attorney for Child(ren), a Guardian ad Litem/Child Representative/Attorney for Child(ren) shall be selected by the court from the list of qualified Guardians ad Litem/Child Representatives/Attorneys for Children prepared by the Presiding Judge of the Domestic Relations Division.

(2) The Court shall designate in its order what percentage of the retainer and hourly rates for the Guardian ad Litem/Child Representative/Attorney for Child(ren) should be paid by each party or whether the case should be considered a reduced fee or pro bono case.

(3) The parties shall contact the Guardian ad Litem/Child Representative/Attorney for Child(ren) within two (2) days after the appointment order is signed for the purpose of adequate representation of any minor children to provide the Guardian ad Litem/Child Representative/Attorney for Child(ren) with all notices, pleadings, orders, and reports in the proceeding.

(4) The Guardian Ad Litem/Child Representative/Attorney for the Child appointed in this cause shall promptly file his or her appearance on behalf of the minor child(ren).

(5) During the proceeding, the Court may appoint an additional attorney to serve in another of the enumerated capacities on its own motion or on the motion of a party for good cause shown.

(6) The Chief Judge and the Presiding Judge of the Domestic Relations division shall be responsible for administering the training program and insuring compliance with Illinois Supreme Court Rule 906.

(7) An attorney approved to be appointed by the Court as a Guardian Ad Litem/Child Representative/Attorney for the Child under a training program approved in a different county or judicial circuit shall have reciprocity to participate in child custody or allocation of parental responsibilities and visitation or parenting time matters in all other counties and judicial circuits in the State of Illinois.

(c) POWERS, DUTIES, AND RESPONSIBILITIES

(1) The Guardian Ad Litem/Child Representative/Attorney for the Child shall have all the duties, powers, and authority defined for his/her role by Section 506 of the Illinois Marriage & Dissolution of Marriage Act, 750 ILCS 5/506.

(2) The rights afforded to the Guardian Ad Litem/Child Representative/Attorney for the Child shall be as set forth by Illinois Supreme Court Rule.

(3) The Guardian Ad Litem/Child Representative/Attorney for the Child is authorized to conduct such discovery as necessary and proper to fulfill his or her appointed role.

(4) If appointed as such, the Attorney for the Child shall participate in the litigation as would the attorneys for the parties and shall be bound by the Illinois Rules of Professional Conduct.

(5) If appointed as such, the Child Representative shall have the following rights and obligations:

a. To participate in the litigation as would the attorneys for the parties.
b. To investigate the facts of the case and interview necessary parties.
c. To advocate the best interests of the child.
d. To promote settlement and the use of alternative dispute resolution.
e. To disclose the Child Representative position in a pretrial memorandum.
f. No party may cross-examine the Child Representative.
g. The Child Representative shall be bound by the Illinois Rules of Professional Conduct.

(6) If appointed as such, the Guardian ad Litem shall tender a written report to the Court, if so ordered. Further, the Guardian ad Litem shall make recommendations to the Court, if so ordered. As required by Illinois Supreme Court Rule 906, a Guardian ad Litem shall be bound by the Illinois Rules of Professional Conduct.

D. FEES

Unless otherwise ordered by the Court at the time fees and costs are approved, all fees and costs payable to a Guardian Ad Litem/Child Representative/Attorney for the Child under Section 506 of the Illinois Marriage & Dissolution of Marriage Act are by implication deemed to be in the nature of support of the child and are within the exceptions to discharge in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of the Illinois Marriage & Dissolution of Marriage Act shall apply to fees and costs for attorneys appointed under Section 506 of the Illinois Marriage & Dissolution of Marriage Act.

III. PARTICULAR CIVIL PROCEEDINGS
ARTICLE 15: DOMESTIC RELATIONS  - 15.15 THROUGH 15.26
View 15.1 through 15.14  

15.15 MEDIATION REFERRAL PROGRAM
Mediation under these rules involves a court ordered confidential process whereby a qualified and neutral mediator, selected by the parties or appointed by the Court, assists the litigants in reaching mutually acceptable agreements. It is an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving exploring settlement alternatives and reaching agreements. Parties and their representative are required to mediate in good faith. This rule is subject to the provisions of Illinois Supreme Court Rule 905.

(a) SUBJECT MATTER AND COMMENCEMENT OF MEDIATION

(1) Matters Subject to Mediation: As authorized by Illinois law, the Court may order mediation of any pre or post-judgment contested issue of parental responsibility, custody or allocation of parental responsibilities, visitation or parenting time, or relocation, access to child(ren) or other non-economic issues arising in any action not otherwise determined to be ineligible. Without leave of Court, the parties may not proceed to a judicial hearing on contested issues including temporary relief arising in that case until the mediation process has been concluded and the mediation report has been submitted to the Court. Mediation may be waived if the parties have participated in mediation pursuant to a joint parenting agreement or by the Court on good cause shown.

(2) Commencement of Mediation: The mediation process shall, as soon after an action is filed as practicable, but if the process has not already commenced, the Court may order mediation at the first court date after which the Court obtains jurisdiction over both parties if the Court determines it is in the best interest of the child(ren).

(3) Mediation shall not be required if the Court determines an impediment to mediation exists. An impediment to mediation may include, but is not limited to, domestic violence, mental illness, cognitive impairment, drug use, alcohol use, prescription medication use, physical impairment, fraud, duress or undue influence. All cases that are ordered to mediation shall be screened for such impediments. The Court shall make inquiries of counsel or the parties concerning the issue of impediments to mediation.

(4) The mediator shall also screen for issues of impediments to mediation. If the mediator determines that there is such an impediment, mediation shall be suspended and the matter referred back to the Court for a determination regarding continued mediation.

(5) The parties shall complete the appropriate parent education course, under Local Rule 15.06 prior to the commencement of mediation, unless said classes have already been previously completed, as in post-judgment cases.

(b) QUALIFICATIONS OF MEDIATORS

(1) The 18th Judicial Circuit shall promulgate a list of mediators who have been approved by this Court to act as mediators for the Court Ordered Family Mediation Program. These mediators, approved by the Chief Judge, and the Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit, must file the required application, supply supporting documentation and meet the following criteria:

(a) Shall satisfactorily complete a Divorce Mediation training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time.

(b) Hold a graduate degree in a field that includes the study of law, psychiatry, psychology, social work, human development, family counseling or other behavioral science substantially related to marriage and family interpersonal relationships, or a related field or other degree program otherwise approved by the Presiding Judge.

(c) If engaged in a licensed discipline, maintain said license in full force and effect.

(d) Maintain an office in DuPage County.

(e) Shall serve at the discretion of the Presiding Judge.

(f) Shall provide evidence of malpractice insurance in an amount as set by the Presiding Judge.

(g) Shall agree to mediate at least four (4) reduced fee or pro bono cases per year as identified by the Court.

(2) The mediation shall occur in DuPage County unless the parties agree otherwise.

(c) REFERRAL ASSIGNMENT PROCEDURE

(1) In Divorce cases, upon the Court's order for the parties to participate in mediation, a mediator shall be selected by agreement of the parties from the list of qualified mediators prepared by the Presiding Judge of the Domestic Relations Division. Absent an agreement, the trial judge shall assign the mediator. In Paternity cases, upon the Court's order for the parties to participate in mediation, the parties shall mediate through the DuPage County Family Center unless the parties agree otherwise.

(2) The Court shall designate in its order what percentage of the mediation fee should be paid by each party or whether the case should be considered a reduced fee or pro bono case. In cases in which the Court has determined the parties indigent, the DuPage County Family Center may be assigned to mediate.

(3) The attorneys shall encourage the parties to mediate in good faith. The parties shall participate in mediation in good faith.

(4) On or before the status date, the mediator shall submit a report to the Court and the parties' legal counsel, which shall include information listed in this rule under the section entitled "Mediation Report."

(5) The parties shall contact the mediator within two (2) days after the referral order is signed for the purpose of setting an appointment.

D. CONFLICT OF INTEREST

(1) If the mediator has or has had any possible conflict of interest, including but not limited to, a current or previous therapeutic, personal or economic relationship with either party, any child, step-parent, other relative, counsel or anyone else involved in the case, he or she shall decline the appointment or disclose that relationship to the attorneys and may be removed for that reason. If there is a conflict, the parties may select or the Court shall appoint another mediator.

(2) A mediator who is a mental health professional shall not provide counseling or therapy to the parties or their children during or after the mediation. An attorney-mediator may not represent either party in any matter during the mediation process or in a dispute between the parties after the mediation process.

(3) Imputed Disqualification: No person will be eligible to serve as a Mediator on a case if that person, or a member of that person's practice, agency or business entity or someone with whom that person shares office space has served or is serving as an Evaluator in that case.

E. REPORTING RISK OF BODILY HARM AND ABUSE

(1) A mediator shall promptly reveal information to the appropriate law enforcement agency to the extent it appears necessary to prevent a party from committing an act that would result in death or serious bodily harm.

(2) Attorneys, when acting as mediators, shall reveal information required by Rule 1.6 "Confidentiality of Information" under the Illinois Rules of Professional Conduct.

(3) The mandated reporting requirement of the Abuse and Neglected Child Reporting Act, 325 ILCS 5/1 et seq., as applied to mental health professionals shall also apply to all mediators.

F. DISCLOSURE OF INFORMATION

(1) Except as provided herein, the mediator and the parties shall be barred from testifying as to any statement made at the mediation sessions. Neither mediation records nor work product of the mediator shall be subpoenaed in any proceeding except by leave of the Court.

(2) The mediator shall require the parties to execute a confidentiality agreement and complete a screening to determine if an impediment to mediation exists.

G. ATTENDANCE AND TERMINATION OF MEDIATION

(1) The parties shall attend the mediation session(s) which shall be up to an aggregate three (3) hours in length unless extended by agreement of the parties and the mediator. Attendance at mediation shall be limited to the parties to the dispute unless otherwise ordered by Court.

(2) Mediation may be extended by order of Court or agreement of the parties.

(3) The mediator shall immediately advise the Court in writing if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this paragraph.

(4) The mediation may be terminated or suspended at the option of the mediator or the Court.

H. MEDIATION REPORT

(1) The mediator shall, on a Court approved form, report to the Court on the progress of mediation within ten (10) days of the termination of the last mediation session, but in no event after the assigned status date.

(2) Only written discovery on issues not being mediated shall be allowed until mediation is terminated, except by order of the Court or agreement of the parties.

(3) No investigation or examination pertaining to issues pending in mediation shall be ordered by the Court, except when the Court finds good cause.

(4) In the event the party fails to attend mediation without good cause shown, the Court upon motion may impose sanctions, including but not limited to costs and attorneys fees.

I. PAYMENT OF FEES

The mediation fee and the amount of the advance deposit shall be set from time to time by the Chief Judge, the Presiding Judge and the Acting Presiding Judge of the Domestic Relations Division. Mediation fees shall consist of a maximum of three (3) hours plus one (1) hour for administrative charges which may include but are not limited to time spent in mediation sessions with the parties, telephone conference, correspondence, consultations with attorneys or expert consultants, preparation of the mediator's report and any other work performed by the mediator on behalf of the parties. The parties shall be required to pay for individual sessions at the time of each mediation session. In the event payments are not made as agreed by the mediator, the mediation process may not be suspended by the mediator, but failure to pay shall be promptly reported to the Court

J. STATISTICS

The Presiding Judge of the Domestic Relations Division shall maintain data on the mediation program and consult on a regular basis with the other judges in the Domestic Relations Division about the operation of the program.

K. MEDIATOR IMMUNITY

A mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity in the same manner and to the same extent as a judge, under the authority conferred by Illinois Supreme Court Rule 99(b)(1) as amended, effective October 10, 2001.

15.16 EVALUATION PROGRAM
(a) SUBJECT MATTER OF EVALUATION

The DuPage Evaluation Program is a discretionary program of the Circuit Court of the 18th Judicial Circuit. If the Court determines that a custody or allocation of parental responsibilities evaluation, pursuant to 750 ILCS 5/604.10(b), is needed or would assist the court in making its determination, the Court may so order an evaluation.

Court-ordered Evaluation may include any pre or post-judgment contested issue of parental responsibility, custody or allocation of parental responsibilities, visitation or parenting time, access to the children or other non-economic issues in relation to child(ren).

Unless otherwise provided in these rules, the Court may order the parties to participate in evaluation at the mediation status date, upon motion of a party or upon the Court's own motion. The evaluator appointed by the Court shall make a recommendation to the Court with respect to those issues in dispute.

(b) PREREQUISITE TO EVALUATION

(1) The parties ordered to evaluation by the Court shall have completed mediation prior to the commencement of an evaluation, unless the court in its discretion concludes otherwise.

(2) The Court may appoint an attorney for the child/guardian ad litem/child representative prior to considering a Court-ordered evaluation, in light of Illinois Supreme Court Rule 907(e).

(c) QUALIFICATIONS OF EVALUATORS

(1) The 18th Judicial Circuit shall promulgate a list of evaluators who have been approved by the Chief Judge, and the Presiding Judge of the Domestic Relations Division to act as evaluators for the DuPage County Evaluation Program, each of whom shall serve at the discretion of the Presiding Judge. Applicants for the program must file the required application with supporting documentation and meet the following criteria:

(a) Shall satisfactorily complete a training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time;

(b) Shall be a Ph.D. in psychology, Psy.D., Licensed Clinical Psychologist or Psychiatrist;

(c) Shall maintain Illinois Licensure in full force and good standing; and carry current malpractice insurance in an amount as approved by the Presiding Judge;

(d) Maintain an office in DuPage County and be available to conduct evaluations in DuPage County;

(e) Shall have at least five (5) years of experience in practice post-licensure; education, training and experience with children and families; plus training and/or experience specifically relevant to the evaluation process.

(2) Periodically the Presiding Judge shall prepare a list of Court-approved evaluators.

(3) An evaluator shall agree to handle three (3) reduced fee or pro bono cases per year as identified by the Court. All requests for pro bono or reduced fee evaluations shall be made to and approved by the Presiding Judge of the Domestic Relations Division.

(d) REFERRAL ASSIGNMENT PROCEDURE

(1) Upon the Court's order for the parties to participate in evaluation, an evaluator shall be selected by agreement of the parties from the list of qualified evaluators. Absent an agreement, the trial judge shall assign the evaluator and a one hundred twenty (120) day status date shall be set for the final evaluation report.

(2) The Court shall designate in its order of evaluation:

(a) The percentage of the evaluation fee that shall be paid by each party and/or whether the case should be considered a reduced fee or pro bono case;

(b) Who shall receive a copy of the evaluation report; and

(c) What specific issues are to be evaluated.

(3) On or before the status date, the evaluator shall submit a report to those parties, or counsel of record for same, listed in order of evaluation.
(4) The time for evaluation shall be tolled during any periods in which a motion to disqualify is pending.

(5) The Petitioner shall provide the order appointing the evaluator to the evaluator, via facsimile, personal delivery, or electronic delivery within forty-eight (48) hours of the entry of said order.

(6) The parties shall contact the evaluator within seventy-two (72) hours after the assignment for the purpose of scheduling an initial session.

(e) CONFLICT OF INTEREST

(1) If the evaluator appointed has or has had any possible conflict of interest, including but not limited to a current or previous therapeutic, personal or economic relationship with either party, any child, step-parent, other relative, counsel or anyone else involved in the case, he or she shall decline the appointment or disclose that relationship to the attorneys and may be removed for that reason. If there is a conflict, the parties may select or the Court shall appoint another evaluator.

(2) The evaluator may not function as a therapist to the parties, the children or step-parents before, during or after the evaluation.

(3) Imputed Disqualification: No person will be eligible to serve as an Evaluator on any case in which that person or a member of that person's practice, agency or business entity or someone with whom that person shares office space has served or is serving as a Court-appointed Mediator in that case under these rules.

(f) REPORTING RISK OF BODILY HARM AND ABUSE

All evaluators will conduct themselves in accord with the Abuse and Neglected Child Reporting Act standards.

G. DISCLOSURE OF INFORMATION

The information exchanged during the evaluation process does not constitute "mental health services" or "services" within the meaning of the Mental Health and Developmental Disabilities Confidentiality Act and is, therefore, not confidential. The records of an evaluator are not subject to discovery without leave of court after proper notice to the other parties and the evaluator.

(h) EVALUATION PROCESS

(1) The parties shall attend the evaluation sessions which shall consist of up to thirty (30) hours in length including testing, unless extended by agreement of the parties and the evaluator or order of Court. Attendance at evaluation shall be limited to the parties, the children and those specifically requested by the evaluator.

(2) Attorneys for the parties shall not contact the evaluator either during or after the evaluation, without leave of Court, except concerning those matters in the Referral form or in regard to scheduling.  Guardians ad Litem/Child Representatives/Attorneys for Child(ren) are permitted to have contact with the Evaluator, as requested by the Evaluator, or to provide initial information about the child(ren) or the case progress.

(3) The evaluation may be terminated or suspended at the option of the Court, the evaluator or upon settlement of the issues which caused the case to be referred to evaluation.

(4) The evaluator shall immediately advise the Court and counsel for the parties in writing if the report will not be completed by the status date and state the reason for the delay and the expected date of completion.

(5) In the event a party fails to promptly attend and participate in the evaluation without good cause shown, the Court upon motion may impose sanctions.

(6) The evaluation must take place in DuPage County unless the parties agree otherwise.

(7) The evaluation report shall be provided to the Court, and any other designated parties, no later than one hundred twenty (120) days from the entry of the order appointing the evaluator.

(i) PAYMENT OF FEES

(1) The evaluator's hourly fee and the amount of the advance deposit shall be set from time to time by the Chief Judge, and the Presiding Judge of the Domestic Relations Division. The hourly rate shall be $250 per hour, with a maximum charge, excluding testifying at deposition and/or trial, of $10,000. The evaluation fee shall include up to thirty-five (35) hours for sessions, costs of testing, analysis, and for preparation of the report. The limitation on charges contained in these rules shall not include time expended for preparation or attendance at a court proceeding or deposition. Those charges shall be paid by the party calling the evaluator as a witness.

(2) The parties shall be required to pay a retainer, as ordered by the court, to be applied toward the cost of evaluation. When the retainer is exhausted, the parties shall pay for remaining individual sessions and the cost of the report as those costs are incurred. In the event payments are not made as ordered by the Court, the evaluator may not suspend the process but shall promptly report failure to pay to the attorneys and the Court.

(3) The evaluator's report shall include reference to the fee charged and itemize the charges, whether that fee has been paid in full, and if not, the outstanding amount owed. The Court may direct the parties to pay any sum that remains due and owing to the evaluator and may enter judgment accordingly.

(j) STATISTICS

The Presiding Judge shall maintain data on the evaluation program and consult on a regular basis with the other judges in the Domestic Relations Division about the operation of the program.

(k) OVERSIGHT COMMITTEE

(a) The Presiding Judge of the Domestic Relations Division shall appoint a committee which shall be known as the "Oversight Committee." That committee shall be comprised of attorneys practicing in the area of family law, psychologists and/or psychiatrists, and members of the general public. All members of the Oversight Committee shall serve three (3) year terms on a rotating basis. In addition, the current chairperson of the DuPage County Bar Association Family Law Committee shall serve as an additional member of the committee on an annual basis. The purpose of that committee shall be as follows:

1. To review and make recommendations to the Presiding Judge regarding any complaint against a court appointed mediator or evaluator;
2. To make recommendations for modification to the mediation and/or evaluation rules or procedures established pursuant thereto;
3. To make recommendations for procedures and practices to implement the rules;
4. To assist in the review of statistical data relative to the efficacy of the program;
5. To review any complaints or concerns about the mediation and evaluation programs; and
6. To perform any other tasks assigned by the Presiding Judge.

(b) In screening and making recommendations regarding a complaint against an evaluator, the committee shall consider the ethical standards and laws which apply to the profession(s) of that evaluator.

15.17 RECORD IN CERTAIN PROCEEDINGS
Every contested hearing which will result in a final custody or allocation of parental responsibilities or relocation order shall be reported.

15.18 PRE-TRIAL CONFERENCE AND TRIAL DATES
(a) A case may be set for a pre-trial conference at the discretion of the trial judge. If a case set for pre-trial is settled or disposed of prior to its scheduled pre-trial conference date, the attorneys are directed to advise the judge in advance so that said appointed time may be used to accommodate the hearing of other cases. Failure of attorneys to comply may result in the imposition of sanctions.

(b) Litigants must be advised of any pre-trial conference date by their attorneys. Litigants need not appear, but must be available for consultation with their attorneys by phone during the pre-trial conference. If the attorneys fail to appear for an appointed pre-trial conference, the pre-trial will be stricken and the case may be subject to dismissal and the attorney may be subject to sanctions.

(c) Whenever practical, both counsel shall prepare a written joint pre-trial memorandum. Absent such a joint memorandum, each counsel shall prepare a Pre-trial Memorandum which must include the following:

Attorneys names, addresses and phone numbers;
Parties names, ages, education levels, employment, health;
Children's names, ages, school information, special needs;
Assets, debts and liabilities; including values and characterization of marital vs. non-marital;
Notice of Claim of Dissipation of Marital Assets, if any;
Statement of areas of agreement;
Statement of areas of disagreement; and
Suggestions for settlement.
Copies of the Pre-trial Memorandum shall be sent to the judge and to opposing counsel at least two (2) days prior to the Conference.

A future status date shall be set following the pre-trial conference to determine if the case will settle or proceed to trial. If the case has not been resolved as of the next status date, the trial judge may set the case for trial.

(d) At the time a case is set for trial, a trial status date shall be set. At the trial status date, counsel for each party shall tender a Trial Memorandum to the trial judge and opposing counsel. The Trial Memorandum shall contain a statement of contested issues, uncontested issues, list of income, assets and liabilities, stipulations on agreed matters, a list of witnesses intended to be called, and probable length of trial. Each party shall submit a list of numbered exhibits with copies of all exhibits having been exchanged among all attorneys at least three (3) days prior to trial.

(e) Cases set for trial shall only be continued for statutory cause shown with proper notice, or by order of the trial judge. It is the responsibility of each attorney to contact the court scheduler in advance of the trial date to find out if the Court is otherwise engaged and unable to hear a case on the scheduled trial date.

15.19 (RESERVED)

15.20 ENTRY OF JUDGMENT
(a) The Court shall designate who will prepare the Judgment and when the Judgment shall be tendered for entry. Non-payment of attorney fees will not be recognized as good cause for the Judgment entry to be withheld.

(b) (Reserved)

(c) (Reserved)

(d) When a Judgment resolving a domestic relations matter requires the payment of an amount of money for reasons other than child support or maintenance, the Judgment order shall be entitled Judgment for Dissolution and Money Judgment.

(e) At the prove-up of a dissolution of marriage/legal separation/declaration of invalidity of marriage case/dissolution of a civil union, if Judgment is not entered that day, the case shall be continued to a date certain not to exceed six (6) weeks from the close of proofs at 10:55 a.m., for the entry of the judgment order.

(f) If the judgment resolving a domestic relations matter is not presented for entry on or before the date provided under paragraph (e) above, then before entry of the judgment, the Court may require an affidavit from counsel as to the reason for failure to comply. Non-payment of attorney fees will not be recognized as good cause.

15.21 MAINTENANCE OR SUPPORT PAYMENTS
(a) Maintenance or support payments shall be made by an order of withholding upon a separate order of court providing therefore, using the approved form furnished by the Clerk's office. If payments are through the Clerk of the Circuit Court, said withholding order shall be accompanied by the Clerk's form child support order.

(b) Orders for maintenance or support payments shall be presented to the Court in duplicate.

(c) Upon failure of a party to comply with an order of this Court pursuant to paragraph (a) above, a petition for a Rule to Show Cause shall be filed with the Court. Such petition shall be filed by the obligee, or where appropriate, by the State's Attorney on behalf of the obligee.

15.22 EXPEDITED MATRIMONIAL FEE ARBITRATION PROGRAM
The Expedited Matrimonial Fee Arbitration Program in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is governed by 750 ILCS 5/508(c) for the conduct of Expedited Matrimonial Fee Arbitration proceedings. Pursuant to 750 ILCS 5/508(c), the Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective June 1, 1997. Arbitration proceedings shall be governed by Section 508(c) and this Article 15.22.

15.22.01 ELIGIBLE ACTIONS
Actions Subject to Arbitration. All actions brought pursuant to 750 ILCS 5/508(c) shall be submitted to mandatory arbitration in accordance with these rules only if neither the client nor the counsel affirmatively opts out of such procedures in the initial pleading requesting an award. An attorney may not enter into an agreement which purports to restrict the right of a client or the client's assignee to commence fee arbitration or which purports to relieve the attorney of the obligation to submit to arbitration under these rules. Any such agreement is void as against public policy.

15.22.02 POWERS AND DUTIES
(a) The Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit shall have the following powers and duties related to the Fee Arbitration Program:

1. To appoint any lawyer licensed in Illinois who has either a residence or office in DuPage County and non-lawyers to serve as arbitrators, and to provide an educational program for arbitrators;
2. To make rules for Expedited Matrimonial Fee Arbitration proceedings which are not inconsistent with the Expedited Matrimonial Fee Arbitration Rules of this Court and Section 508(c) of the Illinois Marriage and Dissolution of Marriage Act;
3. To educate the public and the practicing bar about the Expedited Matrimonial Fee Arbitration Program; and
4. To perform all acts necessary for the effective operation of the program.

(b) The Chief Judge of the 18th Judicial Circuit Court shall have the power and responsibility to establish filing fees for Expedited Matrimonial Fee Arbitration and payment for arbitrators' services.

15.22.03 APPLICABILITY OF CODE OF CIVIL PROCEDURE
Notwithstanding that any action, upon filing, is initially submitted to an arbitration or is thereafter so designated for hearing, the provisions of the Code of Civil Procedure shall be applicable to its proceedings except insofar as these rules otherwise provide.

15.22.04 COMMENCEMENT OF ARBITRATION AND HEARING

(a) After due notice has been given, unless either party opts out of arbitration in writing on the Court date when the Petition for Setting Final Fees and Costs is initially presented to the Court, the dispute will be assigned to arbitration. If neither party opts out of arbitration, the arbitration shall be binding on the parties.

(b) Fee proceedings shall be stayed until the conclusion of the arbitration and a party shall refrain from any collection activities related to disputed sums pending the outcome of the arbitration.

(c) Once the arbitration process has commenced, neither party may withdraw from arbitration.

(d) All parties to the arbitration hearing must participate in the hearing in good faith and in a meaningful manner.

15.22.05 REPLY AND NOTICE
Any reply to the Petition for Setting Final Fees and Costs or other response and proof of service shall be filed with the Clerk of Court and delivered to the other party by mail or by hand delivery within fifteen (15) days after entry of the arbitration order.

15.22.06 ABSENCE OF PARTY AT HEARING
Failure to be Present at Hearing. The arbitration hearing shall proceed in the absence of any party who, after due notice, fails to be present. The panel shall require the other party or parties to submit such evidence as the panel may require for the making of an award. The failure of a party to be present, either in person or by counsel, at an arbitration hearing shall constitute a consent to the entry by the Court of a judgment on the award. In the event the party who fails to be present thereafter moves or files a petition to the Court to vacate the judgment as provided therefore under the provisions of the Code of Civil Procedure for the vacation of judgments by default, Sections 2-1301 and 2-1401, the Court, in its discretion, in addition to vacating the judgment, may order the matter for rehearing in arbitration, and may also impose the sanction of costs and fees as a condition for granting such relief.

15.22.07 AWARD AND JUDGMENT ON AWARD
(a) Definition of Award. An award is a determination in favor of a party.

(b) Determining an Award. The panel shall make an award the same day as the hearing. The award shall dispose of all claims for relief. The award shall be signed by the arbitrators or the majority of them.

(c) Form of Decision. The panel shall issue its decision in writing. The decision shall include a clear statement of the amount in dispute, whether and to whom monies are due, and in what amount, and shall be sent to the parties within a reasonable time after the hearing.

(d) Correction of Award. Where the award discloses an obvious and unambiguous error in mathematics or language, the panel, on application of a party within the thirty (30) day period of the entry of the award, may correct the same. The filing of such an application shall stay all proceedings.

15.22.08 BINDING ARBITRATION AND JUDGMENT ON AWARD
The arbitration award shall be final and any party thereafter may file a motion with the Court seeking entry of judgment on the award.

15.22.09 ARBITRATOR MAY NOT TESTIFY
An arbitrator may not be called to testify as to what transpired before the arbitrators and no reference to the fact of the conduct of the arbitration hearing may be made at trial.

15.22.10 IMMUNITY
Witnesses. Witnesses shall have such immunity as is applicable in a civil action.

15.22.11 DISCLOSURE OF ATTORNEY-CLIENT COMMUNICATION AND WORK PRODUCT
Nothing herein contained shall prohibit the disclosure of any relevant work product of the attorney in connection with:

(a) An arbitration hearing pursuant to these rules;

(b) A trial after arbitration; and

(c) Judicial confirmation correction or vacation of an arbitration award.

In no event shall such disclosures be deemed a waiver of the confidential character of such matters for any other purpose.

15.22.12 DISPUTES NOT SUBJECT TO ARBITRATION
A dispute is not subject to arbitration if any of the following factors exist:

(a) If one or both parties affirmatively opts out of arbitration as previously set forth in these rules;

(b) If the underlying cause of action was filed in a county other than DuPage County; or

(c) The dispute has been determined by court order or decision.

15.22.13 DOCKETING OF ARBITRATION
Upon receipt of the arbitration order, together with the appropriate filing fee, if any, the court scheduler shall set the matter for arbitration.

15.22.14 REVIEW OF PETITION FOR ARBITRATION
The Chairperson shall review the request for arbitration and any response thereto to determine if it is properly the subject of arbitration under these rules. If a petition or response is not properly completed, the Chairperson will return and specify what clarification or additional information is required. If the dispute is not subject to arbitration, the Chairperson shall be so advised.

15.22.15 ASSIGNMENT TO ARBITRATION PANEL
(a) Upon entry of the arbitration order, the court scheduler shall assign the parties to an arbitration panel and shall set a date for hearing on the petition within thirty (30) days after the due date for the response or as soon as practicable, and shall set a status date within sixty (60) days after the due date for the response. In the event one party is not present at the initial court date and an arbitration order is entered, the appearing party must within three (3) business days deliver a copy of the order to the non-appearing party by mail or by hand delivery. The panel of arbitrators shall consist of three (3) members appointed by the Court. The Chairperson shall be a member of the bar who has engaged in matrimonial law for at least five (5) years or a retired judge. At least one of the remaining members shall be a non-lawyer.

(b) All disputes of $500 or less shall be arbitrated based upon the Petition and reply or other response and any other written documentation and no hearing shall be held.

(c) The Chairperson shall preside at the hearing. Ruling on objections to evidence or on other issues which arise during the hearing shall be made by the Chairperson of the panel.

(d) Continuances are not favored. Once the hearing date has been set, continuances may be granted by the Chairperson for statutory purposes only. If a continuance is granted, the Chairperson shall give notice to all parties to the arbitration.

15.22.16 DUTIES OF ARBITRATION PANEL; ARBITRATOR DISQUALIFICATION; COMPENSATION
(a) The panel shall have the following powers and duties:

1. To take and hear evidence pertaining to the proceedings;
2. To administer oaths and affirmations;
3. To perform all acts necessary to conduct an effective arbitration hearing.

(b) Disqualification:

1. Upon appointment to a case, an arbitrator shall notify the Court and withdraw from the case if any grounds appear to exist for disqualification pursuant to the Code of Judicial Conduct.
2. If any panel member who has been duly notified of his/her appointment for any reason fails to attend the arbitration, the remaining arbitrators may, at their option, without stipulation by either party, proceed with the arbitration.

15.22.17 HEARING
The arbitration panel shall preside over a hearing on all disputes over $500. A party may be represented by counsel in the arbitration proceeding at the party's own expense. The panel shall accept such evidence as is relevant and material to the dispute and may request additional evidence as necessary to understand and resolve the dispute. The hearing shall be informal in nature. The rules of evidence need not be followed. The parties shall be entitled to be heard, to present evidence and to question parties and witnesses. The proceeding shall not be recorded or reported in any manner. Cases to be heard by an arbitration panel will require no more than sixty (60) minutes for presentation and decision.

15.22.18 FEES AND COSTS
Neither party to the arbitration may recover costs or attorney's fees incurred in preparation for or in the course of the fee arbitration proceedings. However, a Court confirming, correcting or vacating an award under this article may award to the prevailing party reasonable fees and costs incurred in obtaining confirmation, correction or vacation of the award.

15.23 REFILED CASES
Except in cases of petitions for Orders of Protection, any domestic relations case between the same parties which is re-filed after a dismissal will be assigned to the same docket to which the dismissed case was assigned.

15.24 DOMESTIC VIOLENCE
Actions arising under the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq.) should, to the extent practicable, utilize the approved forms provided for such actions.

15.25 PRO SE COURT
Upon entry of the parties ' pro se appearances, the Presiding Judge of the Domestic Relations Division (or his or her designee) may transfer the case involving self-represented litigants to the Pro Se Court for further proceedings.

View 15.1 through 15.14

15.15 MEDIATION REFERRAL PROGRAM
Mediation under these rules involves a court ordered confidential process whereby a qualified and neutral mediator, selected by the parties or appointed by the Court, assists the litigants in reaching mutually acceptable agreements. It is an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem-solving exploring settlement alternatives and reaching agreements. Parties and their representative are required to mediate in good faith. This rule is subject to the provisions of Illinois Supreme Court Rule 905.

A. SUBJECT MATTER AND COMMENCEMENT OF MEDIATION

(1) Matters Subject to Mediation: As authorized by Illinois law, the Court may order mediation of any pre or post-judgment contested issue of parental responsibility, custody, visitation, removal, access to child(ren) or other non-economic issues arising in any action not otherwise determined to be ineligible. Without leave of Court, the parties may not proceed to a judicial hearing on contested issues including temporary relief arising in that case until the mediation process has been concluded and the mediation report has been submitted to the Court. Mediation may be waived if the parties have participated in mediation pursuant to a joint parenting agreement or by the Court on good cause shown.

(2) Commencement of Mediation: The mediation process shall, as soon after an action is filed as practicable, but if the process has not already commenced, the Court may order mediation at the first court date after which the Court obtains jurisdiction over both parties if the Court determines it is in the best interest of the child(ren).

(3) Mediation shall not be required if the Court determines an impediment to mediation exists. An impediment to mediation may include, but is not limited to, domestic violence, mental illness, cognitive impairment, drug use, alcohol use, prescription medication use, physical impairment, fraud, duress or undue influence. All cases that are ordered to mediation shall be screened for such impediments. The Court shall make inquiries of counsel or the parties concerning the issue of impediments to mediation.

(4) The mediator shall also screen for issues of impediments to mediation. If the mediator determines that there is such an impediment, mediation shall be suspended and the matter referred back to the Court for a determination regarding continued mediation.

(5) The parties shall complete the appropriate parent education course, Caring, Coping and Children (CCC) or Parents and Kids (PAK) prior to the commencement of mediation, unless said classes have already been previously completed, as in post-judgment cases.

B. QUALIFICATIONS OF MEDIATORS

(1) The 18th Judicial Circuit shall promulgate a list of mediators who have been approved by this Court to act as mediators for the Court Ordered Family Mediation Program. These mediators, approved by the Chief Judge, the Presiding Judge and the Acting Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit, must file the required application, supply supporting documentation and meet the following criteria:

(a) Shall satisfactorily complete a Divorce Mediation training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time.

(b) Hold a graduate degree in a field that includes the study of law, psychiatry, psychology, social work, human development, family counseling or other behavioral science substantially related to marriage and family interpersonal relationships, or a related field or other degree program otherwise approved by the Presiding Judge.

(c) If engaged in a licensed discipline, maintain said license in full force and effect.

(d) Maintain an office in DuPage County.

(e) Shall serve at the discretion of the Presiding Judge.

(f) Shall provide evidence of malpractice insurance in an amount as set by the Presiding Judge.

(g) Shall agree to mediate at least four (4) reduced fee or pro bono cases per year as identified by the Court.

(2) The mediation shall occur in DuPage County unless the parties agree otherwise.

C. REFERRAL ASSIGNMENT PROCEDURE

(1) In Divorce cases, upon the Court's order for the parties to participate in mediation, a mediator shall be selected by agreement of the parties from the list of qualified mediators prepared by the Presiding Judge of the Domestic Relations Division. Absent an agreement, the trial judge shall assign the mediator. In Paternity cases, upon the Court's order for the parties to participate in mediation, the parties shall mediate through the DuPage County Family Center unless the parties agree otherwise. A forty-five (45) day status date on the issue of progress of the mediation shall be set. All status dates regarding mediation shall be at 9:21 a.m.

(2) The Court shall designate in its order what percentage of the mediation fee should be paid by each party or whether the case should be considered a reduced fee or pro bono case. In cases in which the Court has determined the parties indigent, the DuPage County Family Center may be assigned to mediate.

(3) The attorneys shall encourage the parties to mediate in good faith. The parties shall participate in mediation in good faith.

(4) On or before the status date, the mediator shall submit a report to the Court and the parties' legal counsel, which shall include information listed in this rule under the section entitled "Mediation Report."

(5) The parties shall contact the mediator within two (2) days after the referral order is signed for the purpose of setting an appointment.

D. CONFLICT OF INTEREST

(1) If the mediator has or has had any possible conflict of interest, including but not limited to, a current or previous therapeutic, personal or economic relationship with either party, any child, step-parent, other relative, counsel or anyone else involved in the case, he or she shall decline the appointment or disclose that relationship to the attorneys and may be removed for that reason. If there is a conflict, the parties may select or the Court shall appoint another mediator.

(2) A mediator who is a mental health professional shall not provide counseling or therapy to the parties or their children during or after the mediation. An attorney-mediator may not represent either party in any matter during the mediation process or in a dispute between the parties after the mediation process.

(3) Imputed Disqualification: No person will be eligible to serve as a Mediator on a case if that person, or a member of that person's practice, agency or business entity or someone with whom that person shares office space has served or is serving as an Evaluator in that case.

E. REPORTING RISK OF BODILY HARM AND ABUSE

(1) A mediator shall promptly reveal information to the appropriate law enforcement agency to the extent it appears necessary to prevent a party from committing an act that would result in death or serious bodily harm.

(2) Attorneys, when acting as mediators, shall reveal information required by Rule 1.6 "Confidentiality of Information" under the Illinois Rules of Professional Conduct.

(3) The mandated reporting requirement of the Abuse and Neglected Child Reporting Act, 325 ILCS 5/1 et seq., as applied to mental health professionals shall also apply to all mediators.

F. DISCLOSURE OF INFORMATION

(1) Except as provided herein, the mediator and the parties shall be barred from testifying as to any statement made at the mediation sessions. Neither mediation records nor work product of the mediator shall be subpoenaed in any proceeding except by leave of the Court.

(2) The mediator shall require the parties to execute a confidentiality agreement and complete a screening to determine if an impediment to mediation exists.

G. ATTENDANCE AND TERMINATION OF MEDIATION

(1) The parties shall attend the mediation session(s) which shall be up to an aggregate three (3) hours in length unless extended by agreement of the parties and the mediator. Attendance at mediation shall be limited to the parties to the dispute unless otherwise ordered by Court.

(2) Mediation may be extended by order of Court or agreement of the parties.

(3) The mediator shall immediately advise the Court in writing if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this paragraph.

(4) The mediation may be terminated or suspended at the option of the mediator or the Court.

H. MEDIATION REPORT

(1) The mediator shall, on a Court approved form, report to the Court on the progress of mediation within ten (10) days of the termination of the last mediation session, but in no event after the assigned status date.

(2) Only written discovery on issues not being mediated shall be allowed until mediation is terminated, except by order of the Court or agreement of the parties.

(3) No investigation or examination pertaining to issues pending in mediation shall be ordered by the Court, except when the Court finds good cause.

(4) In the event the party fails to attend mediation without good cause shown, the Court upon motion may impose sanctions, including but not limited to costs and attorneys fees.

I. PAYMENT OF FEES

The mediation fee and the amount of the advance deposit shall be set from time to time by the Chief Judge, the Presiding Judge and the Acting Presiding Judge of the Domestic Relations Division. Mediation fees shall consist of a maximum of three (3) hours plus one (1) hour for administrative charges which may include but are not limited to time spent in mediation sessions with the parties, telephone conference, correspondence, consultations with attorneys or expert consultants, preparation of the mediator's report and any other work performed by the mediator on behalf of the parties. The parties shall be required to pay for individual sessions at the time of each mediation session. In the event payments are not made as agreed by the mediator, the mediation process may not be suspended by the mediator, but failure to pay shall be promptly reported to the Court

J. STATISTICS

The Presiding Judge of the Domestic Relations Division shall maintain data on the mediation program and consult on a regular basis with the other judges in the Domestic Relations Division about the operation of the program.

K. MEDIATOR IMMUNITY

A mediator, approved and certified by this Circuit and acting pursuant to these rules, shall have judicial immunity in the same manner and to the same extent as a judge, under the authority conferred by Illinois Supreme Court Rule 99(b)(1) as amended, effective October 15, 2015.

15.16 CUSTODY EVALUATION PROGRAM
A. SUBJECT MATTER OF EVALUATION

The DuPage Evaluation Program is a discretionary program of the Circuit Court of the 18th Judicial Circuit. If the Court determines that a custody or allocation of parental responsibilities evaluation, pursuant to 750 ILCS 5/604.10(b), is needed or would assist the court in making its determination, the Court may so order an evaluation.

Court-ordered Evaluation may include any pre or post-judgment contested issue of parental responsibility, custody, visitation, removal, access to the children or other non-economic issues in relation to child(ren).

Unless otherwise provided in these rules, the Court may order the parties to participate in evaluation at the mediation status date, upon motion of a party or upon the Court's own motion. The evaluator appointed by the Court shall make a recommendation to the Court with respect to those issues in dispute.
B. PRE-REQUISITE TO EVALUATION

(1) The parties ordered to evaluation by the Court shall have completed mediation prior to the commencement of an evaluation.

(2) The Court may appoint an attorney for the child/guardian ad litem/child representative prior to considering a Court-ordered evaluation, in light of Illinois Supreme Court Rule 907(e).

C. QUALIFICATIONS OF EVALUATORS

(1) The 18th Judicial Circuit shall promulgate a list of evaluators who have been approved by the Chief Judge, the Presiding Judge and the Acting Presiding Judge of the Domestic Relations Division to act as evaluators for the Court Ordered Evaluation Program, each of whom shall serve at the discretion of the Presiding Judge. Applicants for the program must file the required application with supporting documentation and meet the following criteria:

(a) Shall satisfactorily complete a training program approved by the Court. In addition, the applicant must complete additional training as required by the Court from time to time;

(b) Shall be a Ph.D. in psychology, Psy.D., Licensed Clinical Psychologist or Psychiatrist;

(c) Shall maintain Illinois Licensure in full force and good standing; and carry current malpractice insurance in an amount as approved by the Presiding Judge;

(d) Maintain an office in DuPage County and be available to conduct evaluations in DuPage County;

(e) Shall have at least five (5) years of experience in practice post-licensure; education, training and experience with children and families; plus training and/or experience specifically relevant to the evaluation process.

(2) Periodically the Presiding Judge shall prepare a list of Court-approved evaluators.

(3) An evaluator shall agree to handle three (3) reduced fee or pro bono cases per year as identified by the Court. All requests for pro bono or reduced fee evaluations shall be made to and approved by the Presiding Judge of the Domestic Relations Division.

D. REFERRAL ASSIGNMENT PROCEDURE

(1) Upon the Court's order for the parties to participate in evaluation, an evaluator shall be selected by agreement of the parties from the list of qualified evaluators. Absent an agreement, the trial judge shall assign the evaluator and a one hundred twenty (120) day status date shall be set for the final evaluation report.

(2) The Court shall designate in its order of evaluation:

(a) The percentage of the evaluation fee that shall be paid by each party and/or whether the case should be considered a reduced fee or pro bono case;

(b) Who shall receive a copy of the evaluation report; and

(c) What specific issues are to be evaluated.

(3) On or before the status date, the evaluator shall submit a report to those parties, or counsel of record for same, listed in order of evaluation.
(4) The time for evaluation shall be tolled during any periods in which a motion to disqualify is pending.

(5) The Petitioner shall provide the order appointing the evaluator to the evaluator, via facsimile, personal delivery, or electronic delivery within 48 hours of the entry of said order.

(6) The parties shall contact the evaluator within seventy-two (72) hours after the assignment for the purpose of scheduling an initial session.

E. CONFLICT OF INTEREST

(1) If the evaluator appointed has or has had any possible conflict of interest, including but not limited to a current or previous therapeutic, personal or economic relationship with either party, any child, step-parent, other relative, counsel or anyone else involved in the case, he or she shall decline the appointment or disclose that relationship to the attorneys and may be removed for that reason. If there is a conflict, the parties may select or the Court shall appoint another evaluator.

(2) The evaluator may not function as a therapist to the parties, the children or step-parents before, during or after the evaluation.

(3) Imputed Disqualification: No person will be eligible to serve as an Evaluator on any case in which that person or a member of that person's practice, agency or business entity or someone with whom that person shares office space has served or is serving as a Court-appointed Mediator in that case under these rules.  (amended effective 7/7/10).

F. REPORTING RISK OF BODILY HARM AND ABUSE

All evaluators will conduct themselves in accord with the Abuse and Neglected Child Reporting Act standards (325 ILCS 5/1 et seq.).

G. DISCLOSURE OF INFORMATION

The information exchanged during the evaluation process does not constitute "mental health services" or "services" within the meaning of the Mental Health and Developmental Disabilities Confidentiality Act and is, therefore, not confidential. The records of an evaluator are not subject to discovery without leave of court after proper notice to the other parties and the evaluator.

H. EVALUATION PROCESS

(1) The parties shall attend the evaluation sessions which shall consist of up to thirty (30) hours in length including testing, unless extended by agreement of the parties and the evaluator or order of Court. Attendance at evaluation shall be limited to the parties, the children and those specifically requested by the evaluator.

(2) Attorneys for the parties shall not contact the evaluator either during or after the evaluation, without leave of Court, except concerning those matters in the Referral form or in regard to scheduling.

(3) The evaluation may be terminated or suspended at the option of the Court, the evaluator or upon settlement of the issues which caused the case to be referred to evaluation.

(4) The evaluator shall immediately advise the Court and counsel for the parties in writing if the report will not be completed by the status date and state the reason for the delay and the expected date of completion.

(5) In the event a party fails to promptly attend and participate in the evaluation without good cause shown, the Court upon motion may impose sanctions.

(6) The evaluation must take place in DuPage County unless the parties agree otherwise.

(7) The evaluation report shall be provided to the Court, an any other designated parties, no later than one hundred twenty (120) days from the entry of the order appointing the evaluator.

I. PAYMENT OF FEES

(1) The evaluator's hourly fee and the amount of the advance deposit shall be set from time to time by the Chief Judge, the Presiding Judge and the Acting Presiding Judge of the Domestic Relations Division. The hourly rate shall be $225 per hour, with a maximum charge, excluding testifying at deposition and/or trial, of $7,875. The evaluation fee shall include up to thirty-five (35) hours for sessions, costs of testing, analysis, and for preparation of the report. The limitation on charges contained in these rules shall not include time expended for preparation or attendance at a court proceeding or deposition. Those charges shall be paid by the party calling the evaluator as a witness.

(2) The parties shall be required to pay a retainer, as ordered by the court, to be applied toward the cost of evaluation. When the retainer is exhausted, the parties shall pay for remaining individual sessions and the cost of the report as those costs are incurred. In the event payments are not made as ordered by the Court, the evaluator may not suspend the process but shall promptly report failure to pay to the attorneys and the Court.

(3) The evaluator's report shall include reference to the fee charged and itemize the charges, whether that fee has been paid in full, and if not, the outstanding amount owed. The Court may direct the parties to pay any sum that remains due and owing to the evaluator and may enter judgment accordingly.

J. STATISTICS

The Presiding Judge shall maintain data on the evaluation program and consult on a regular basis with the other judges in the Domestic Relations Division about the operation of the program.

K. OVERSIGHT COMMITTEE

(a) The Presiding Judge of the Domestic Relations Division shall appoint a committee which shall be known as the "Oversight Committee." That committee shall be comprised of attorneys practicing in the area of family law, psychologists and/or psychiatrists, and members of the general public. All members of the Oversight Committee shall serve three (3) year terms on a rotating basis. In addition, the current chairperson of the DuPage County Bar Association Family Law Committee shall serve as an additional member of the committee on an annual basis. The purpose of that committee shall be as follows:

1. To review and make recommendations to the Presiding Judge regarding any complaint against a court appointed mediator or evaluator;
2. To make recommendations for modification to the mediation and/or evaluation rules or procedures established pursuant thereto;
3. To make recommendations for procedures and practices to implement the rules;
4. To assist in the review of statistical data relative to the efficacy of the program;
5. To review any complaints or concerns about the mediation and evaluation programs; and
6. To perform any other tasks assigned by the Presiding Judge.

(b) In screening and making recommendations regarding a complaint against an evaluator, the committee shall consider the ethical standards and laws which apply to the profession(s) of that evaluator.

15.17 RECORD IN CERTAIN PROCEEDINGS
Every contested hearing which will result in a final custody or removal order shall be reported.

15.18 PRE-TRIAL CONFERENCE AND TRIAL DATES
(a) A case may be set for a pre-trial conference at the discretion of the trial judge. If a case set for pre-trial is settled or disposed of prior to its scheduled pre-trial conference date, the attorneys are directed to advise the judge in advance so that said appointed time may be used to accommodate the hearing of other cases. Failure of attorneys to comply may result in the imposition of sanctions.

(b) Litigants must be advised of any pre-trial conference date by their attorneys. Litigants need not appear, but must be available for consultation with their attorneys by phone during the pre-trial conference. If the attorneys fail to appear for an appointed pre-trial conference, the pre-trial will be stricken and the case may be subject to dismissal and the attorney may be subject to sanctions. The Court may preclude any further pre-trial conferences.

(c) Whenever practical, both counsel shall prepare a written Joint Pre-Trial Memorandum. Absent such a joint memorandum, each counsel shall prepare a Pre-trial Memorandum which must include the following:

Attorneys names, addresses and phone numbers;
Parties names, ages, education levels, employment, health;
Children's names, ages, school information, special needs;
Assets, debts and liabilities; including values and characterization of marital vs. non-marital;
Notice of Claim of Dissipation of Marital Assets, if any;
Statement of areas of agreement;
Statement of areas of disagreement; and
Suggestions for settlement.
Copies of the Pre-trial Memorandum shall be sent to the judge and to opposing counsel at least three (3) days prior to the Conference.

A future status date shall be set following the pre-trial conference to determine if the case will settle or proceed to trial. If the case is resolved, a prove-up date shall be selected. If the case has not been resolved as of the next status date, the trial judge may set the case for trial.

(d) At the time a case is set for trial, a trial status date shall be set. At the trial status date, counsel for each party shall tender a Trial Memorandum to the trial judge and opposing counsel. The Trial Memorandum shall contain a statement of contested issues, uncontested issues, list of income, assets and liabilities, stipulations on agreed matters, a list of witnesses intended to be called, and probable length of trial. Each party shall submit a list of numbered exhibits with copies of all exhibits having been exchanged among all attorneys at least three (3) days prior to trial.

(e) Cases set for trial shall only be continued for statutory cause shown with proper notice, or by order of the trial judge. It is the responsibility of each attorney to contact the court scheduler in advance of the trial date to find out if the Court is otherwise engaged and unable to hear a case on the scheduled trial date.

15.19 JOINT SIMPLIFIED DISSOLUTION PROCEDURE
Pursuant to 750 ILCS 5/451 et seq., all persons who meet the requirements of 750 ILCS 5/452 shall be entitled to obtain a dissolution of marriage using forms provided by the Clerk of the Circuit Court. Upon filing of the Joint Petition, the parties may proceed to hearing before the assigned judge, who shall expeditiously consider the cause. In the absence of the assigned judge, the hearing shall proceed before any judge designated by the Presiding Judge. Brochures, approved by the Chief Judge, explaining the Joint Simplified Dissolution procedures shall be provided by the Clerk of the Circuit Court. The parties may not rely exclusively on the brochure as it is only to be used as a guide.

15.20 ENTRY OF JUDGMENT
(a) The Court shall designate who will prepare the Judgment and when the Judgment shall be tendered for entry. Non-payment of attorney's fees will not be recognized as good cause for the Judgment entry to be withheld.

(b) No judgment shall be signed subsequent to the forty-fifth (45th) day after the Court's decision, except upon further hearing in open court.

(c) Proper notice of such hearing as provided in Rule 15.03(b) shall be served upon all parties, including the movant's client. At such hearing, cause must be shown as to why said judgment had not been presented in apt time.

(d) When a Judgment resolving a domestic relations matter requires the payment of an amount of money for reasons other than child support or maintenance, the Judgment order shall be entitled Judgment for Dissolution and Money Judgment.

(e) At the prove-up of a dissolution of marriage/legal separation/declaration of invalidity of marriage case, if Judgment is not entered that day, the case shall be continued to a date certain not to exceed six (6) weeks from the close of proofs at 10:55 a.m., for the entry of the judgment order.

(f) If the judgment resolving a domestic relations matter is not presented for entry on or before that date, then before entry of the judgment, the Court may require an affidavit from counsel as to the reason for failure to comply with Rule 15.07(a). Non-payment of attorney fees will not be recognized as good cause.

15.21 MAINTENANCE OR SUPPORT PAYMENTS
(a) Maintenance or support payments shall be made by an order of withholding upon a separate order of court providing therefore, using the approved form furnished by the Clerk's office. If payments are through the Clerk of the Circuit Court, said withholding order shall be accompanied by the Clerk's form child support order.

(b) Orders for maintenance or support payments shall be presented to the Court in duplicate.

(c) Upon failure of a party to comply with an order of this Court pursuant to paragraph (a) above, a petition for a Rule to Show Cause shall be filed with the Court. Such petition shall be filed by the obligee, or where appropriate, by the State's Attorney on behalf of the obligee.

15.22 EXPEDITED MATRIMONIAL FEE ARBITRATION PROGRAM
The Expedited Matrimonial Fee Arbitration Program in the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is governed by 750 ILCS 5/508(c) for the conduct of Expedited Matrimonial Fee Arbitration proceedings. Pursuant to 750 ILCS 5/508(c), the Circuit Judges of the 18th Judicial Circuit adopt the following Local Rules effective June 1, 1997. Arbitration proceedings shall be governed by Section 508(c) and this Article 15.19.

15.22.01 ELIGIBLE ACTIONS
Actions Subject to Arbitration. All actions brought pursuant to 750 ILCS 5/508(c) shall be submitted to mandatory arbitration in accordance with these rules only if neither the client nor the counsel affirmatively opts out of such procedures in the initial pleading requesting an award. An attorney may not enter into an agreement which purports to restrict the right of a client or the client's assignee to commence fee arbitration or which purports to relieve the attorney of the obligation to submit to arbitration under these rules. Any such agreement is void as against public policy.

15.22.02 POWERS AND DUTIES
(a) The Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit shall have the following powers and duties related to the Fee Arbitration Program:

(1) To appoint any lawyer licensed in Illinois who has either a residence or office in DuPage County and non-lawyers to serve as arbitrators, and to provide an educational program for arbitrators;

(2) To make rules for Expedited Matrimonial Fee Arbitration proceedings which are not inconsistent with the Expedited Matrimonial Fee Arbitration Rules of this Court and Section 508(c) of the Illinois Marriage and Dissolution of Marriage Act;

(3) To educate the public and the practicing bar about the Expedited Matrimonial Fee Arbitration Program; and

(4) To perform all acts necessary for the effective operation of the program.

(b) The Chief Judge of the 18th Judicial Circuit Court shall have the power and responsibility to establish filing fees for Expedited Matrimonial Fee Arbitration and payment for arbitrators' services.

15.22.03 APPLICABILITY OF CODE OF CIVIL PROCEDURE
Notwithstanding that any action, upon filing, is initially submitted to an arbitration or is thereafter so designated for hearing, the provisions of the Code of Civil Procedure shall be applicable to its proceedings except insofar as these rules otherwise provide.

15.22.04 COMMENCEMENT OF ARBITRATION AND HEARING
(a) After due notice has been given, unless either party opts out of arbitration in writing on the Court date when the Petition for Setting Final Fees and Costs is initially presented to the Court, the dispute will be assigned to arbitration. If neither party opts out of arbitration, the arbitration shall be binding on the parties.

(b) Fee proceedings shall be stayed until the conclusion of the arbitration and a party shall refrain from any collection activities related to disputed sums pending the outcome of the arbitration.

(c) Once the arbitration process has commenced, neither party may withdraw from arbitration.

(d) All parties to the arbitration hearing must participate in the hearing in good faith and in a meaningful manner.

15.22.05 REPLY AND NOTICE
Any reply to the Petition for Setting Final Fees and Costs or other response and proof of service shall be filed with the Clerk of Court and delivered to the other party by mail or by hand delivery within fifteen (15) days after entry of the arbitration order.

15.22.06 ABSENCE OF PARTY AT HEARING
Failure to be Present at Hearing. The arbitration hearing shall proceed in the absence of any party who, after due notice, fails to be present. The panel shall require the other party or parties to submit such evidence as the panel may require for the making of an award. The failure of a party to be present, either in person or by counsel, at an arbitration hearing shall constitute a consent to the entry by the Court of a judgment on the award. In the event the party who fails to be present thereafter moves or files a petition to the Court to vacate the judgment as provided therefore under the provisions of the Code of Civil Procedure for the vacation of judgments by default, Sections 2-1301 and 2-1401, the Court, in its discretion, in addition to vacating the judgment, may order the matter for rehearing in arbitration, and may also impose the sanction of costs and fees as a condition for granting such relief.

15.22.07 AWARD AND JUDGMENT ON AWARD
(a) Definition of Award. An award is a determination in favor of a party.

(b) Determining an Award. The panel shall make an award the same day as the hearing. The award shall dispose of all claims for relief. The award shall be signed by the arbitrators or the majority of them.

(c) Form of Decision. The panel shall issue its decision in writing. The decision shall include a clear statement of the amount in dispute, whether and to whom monies are due, and in what amount, and shall be sent to the parties within a reasonable time after the hearing.

(d) Correction of Award. Where the award discloses an obvious and unambiguous error in mathematics or language, the panel, on application of a party within the thirty (30) day period of the entry of the award, may correct the same. The filing of such an application shall stay all proceedings. 

15.22.08 BINDING ARBITRATION AND JUDGMENT ON AWARD
The arbitration award shall be final and any party thereafter may file a motion with the Court seeking entry of judgment on the award.

15.22.09 ARBITRATOR MAY NOT TESTIFY
An arbitrator may not be called to testify as to what transpired before the arbitrators and no reference to the fact of the conduct of the arbitration hearing may be made at trial.

15.22.10 IMMUNITY
Witnesses. Witnesses shall have such immunity as is applicable in a civil action.

15.22.11 DISCLOSURE OF ATTORNEY-CLIENT COMMUNICATION AND WORK PRODUCT
Nothing herein contained shall prohibit the disclosure of any relevant work product of the attorney in connection with:

(a) An arbitration hearing pursuant to these rules;

(b) A trial after arbitration; and

(c) Judicial confirmation correction or vacation of an arbitration award.

In no event shall such disclosures be deemed a waiver of the confidential character of such matters for any other purpose.

15.22.12 DISPUTES NOT SUBJECT TO ARBITRATION
A dispute is not subject to arbitration if any of the following factors exist:

(a) If one or both parties affirmatively opts out of arbitration as previously set forth in these rules;

(b) If the underlying cause of action was filed in a county other than DuPage County; or

(c) The dispute has been determined by court order or decision.

15.22.13 DOCKETING OF ARBITRATION
Upon receipt of the arbitration order, together with the appropriate filing fee, if any, the court scheduler shall set the matter for arbitration.

15.22.14 REVIEW OF PETITION FOR ARBITRATION
The Chairperson shall review the request for arbitration and any response thereto to determine if it is properly the subject of arbitration under these rules. If a petition or response is not properly completed, the Chairperson will return and specify what clarification or additional information is required. If the dispute is not subject to arbitration, the Chairperson shall be so advised.

15.22.15 ASSIGNMENT TO ARBITRATION PANEL
(a) Upon entry of the arbitration order, the court scheduler shall assign the parties to an arbitration panel and shall set a date for hearing on the petition within thirty (30) days after the due date for the response or as soon as practicable, and shall set a status date within sixty (60) days after the due date for the response. In the event one party is not present at the initial court date and an arbitration order is entered, the appearing party must within three (3) business days deliver a copy of the order to the non-appearing party by mail or by hand delivery. The panel of arbitrators shall consist of three (3) members appointed by the Court. The Chairperson shall be a member of the bar who has engaged in matrimonial law for at least five (5) years or a retired judge. At least one of the remaining members shall be a non-lawyer.

(b) All disputes of $500 or less shall be arbitrated based upon the Petition and reply or other response and any other written documentation and no hearing shall be held.

(c) The Chairperson shall preside at the hearing. Ruling on objections to evidence or on other issues which arise during the hearing shall be made by the Chairperson of the panel.

(d) Continuances are not favored. Once the hearing date has been set, continuances may be granted by the Chairperson for statutory purposes only. If a continuance is granted, the Chairperson shall give notice to all parties to the arbitration.

15.22.16 DUTIES OF ARBITRATION PANEL; ARBITRATOR DISQUALIFICATION; COMPENSATION
(a) The panel shall have the following powers and duties:

1. To take and hear evidence pertaining to the proceedings;
2. To administer oaths and affirmations;
3. To perform all acts necessary to conduct an effective arbitration hearing.

(b) Disqualification:

1. Upon appointment to a case, an arbitrator shall notify the Court and withdraw from the case if any grounds appear to exist for disqualification pursuant to the Code of Judicial Conduct.
2. If any panel member who has been duly notified of his/her appointment for any reason fails to attend the arbitration, the remaining arbitrators may, at their option, without stipulation by either party, proceed with the arbitration.

15.22.17 HEARING
The arbitration panel shall preside over a hearing on all disputes over $500. A party may be represented by counsel in the arbitration proceeding at the party's own expense. The panel shall accept such evidence as is relevant and material to the dispute and may request additional evidence as necessary to understand and resolve the dispute. The hearing shall be informal in nature. The rules of evidence need not be followed. The parties shall be entitled to be heard, to present evidence and to question parties and witnesses. The proceeding shall not be recorded or reported in any manner. Cases to be heard by an arbitration panel will require no more than sixty (60) minutes for presentation and decision.

15.22.18 FEES AND COSTS
Neither party to the arbitration may recover costs or attorney's fees incurred in preparation for or in the course of the fee arbitration proceedings. However, a Court confirming, correcting or vacating an award under this article may award to the prevailing party reasonable fees and costs incurred in obtaining confirmation, correction or vacation of the award.

15.23 RE-FILED CASES
Except in cases of petitions for Orders of Protection, any domestic relations case between the same parties which is re-filed after a dismissal will be assigned to the same docket to which the dismissed case was assigned.

15.24 DOMESTIC VIOLENCE
Actions arising under the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq.) should, to the extent practicable, utilize the approved forms provided for such actions.

15.25 PRO SE NIGHT COURT
 (a) Post judgment motions set by pro se litigants in Domestic Relations case or cases including Parentage (except those brought under Title IV-D of the Social Security Act) shall be scheduled for "Pro Se Court" if the motions seek the following relief:

1. Child support or maintenance enforcement of a prior order;
2. Property related enforcement of a prior order;
3. Enforcement of the payment of medical expenses, childcare, or extracurricular or school expenses set by prior order;
4. Increase or decrease of child support or maintenance; or
5. Contribution to post-high school or other expenses.

(b) At the time of scheduling, the pro se litigant shall be assigned a hearing date not less than fourteen (14) days from the date of filing. Notice shall be sent by the litigant pursuant to rules, and shall provide that the matter is set for "hearing instanter."

(c) If an attorney appears before the hearing or at the time of hearing the matter, at the option of the parties, the case may be returned to the regularly assigned courtroom.

(d) The days, times, and hours of Pro Se Court shall be set by the Chief Judge. The court will not provide a verbatim record for cases hear in Pro Se Court.

15.26 PERIODIC MEETINGS
The Chief Judge, the Presiding Judge of the Domestic Relations Division, the Chairperson of the Family Law Committee of the DuPage County Bar Association, the Chairperson of the Child Advocacy Committee of the DuPage County Bar Association, or their designees, shall meet periodically as necessary to address practice and procedural changes required.

15.27 SELF-REPRESENTED LITIGANT ASSISTANCE CENTER
The Self-Represented Litigant Assistance Center of the Circuit Court for the 18th Judicial Circuit, DuPage County, Illinois is established by Administrative Order. The Self-Represented Litigant Assistance Center shall be governed by Administrative Order and this Article.

(a)  PURPOSE OF SELF-REPRESENTED LITIGANT ASSISTANCE CENTER

The 18th Judicial Circuit Court Self-Represented Litigant Assistance Center is designed to offer assistance to self-represented litigants by providing information on pro bono and low-cost legal services, information on legal referral services and information about mediation services, forms and instructions on completing approved Statewide forms, information on court procedures and help with completing limited documents in domestic relations cases.

(b)LIMITATIONS OF SELF-REPRESENTED LITIGANT ASSISTANCE CENTER

The Self-Represented Litigant Assistance Center cannot provide legal advice.  No attorney-client relationship exists at the time a volunteer attorney assists a self-represented litigant at the Self-Represented Litigant Assistance Center.  If an individual chooses to be self-represented, that individual will have the same responsibility as an attorney to follow court rules and procedures. Staff and volunteers of the Self-Represented Litigant Assistance Center are not responsible for the outcome of the litigant’s case and the services provided by the Self-Represented Litigant Assistance Center is not a substitute for legal advice. Individuals represented by counsel shall not be permitted to utilize the services of the Self-Represented Litigant Assistance Center.

(c) PROCEDURES

1. The Self-Represented Litigant Assistance Center has a virtual help desk that can be accessed through a link provided on the DuPage County Circuit Court website and Circuit Court Clerk website. The Chief Judge may assign a physical location for the Self-Represented Litigant Assistance Center at his or her discretion.  
2. The Self-Represented Litigant Assistance Center shall operate at dates and times as authorized by the Chief Judge and subject to the criteria established by the Presiding Judge of the Domestic Relations Division (or another Presiding Judge as assigned by the Chief Judge).
3. The Self-Represented Litigant Assistance Center will be staffed by volunteer attorneys. 
4. The Presiding Judge of the Domestic Relations division (or another Presiding Judge as assigned by the Chief Judge) shall appoint a secretary within their division to maintain the list of attorney volunteers. The Presiding Judge may request any appropriate entity, including a professional association of attorneys to serve as the “Host” to the virtual Self Represented Litigant Assistance Center, including by providing a Zoom license (or license to a similar virtual platform), responding to technical issues with the Zoom platform, scheduling the links to the virtual meetings and soliciting volunteers to staff the Self-Represented Litigant Assistance Center  
5. Before receiving assistance from the Self-Represented Litigant Assistance Center volunteer attorney, each self-represented litigant will execute any necessary documents.
6. All Self-Represented Litigant Assistance Center attorney volunteers must complete a training approved by the Chief Judge prior to being eligible to volunteer or provide assistance at the Self-Represented Litigant Assistance Center.

16.01 FORM OF SUMMONS AND COMPLAINT
(a) An approved summons form provided by the Clerk of the Court, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant together with a copy of the complaint.

(b) The form of complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282 on approved forms provided by the Clerk of the Court.

16.02 (RESERVED)
16.03 RETURN DAY PROCEDURES
(a) Failure of Defendant to Appear: If the defendant fails to appear as required by a duly served summons, the Court may enter judgment for the plaintiff upon a verified complaint or proof by affidavit or testimony upon an unverified complaint.

(b) Written Appearance by Defendant: If the defendant files a written appearance on or before the return date, unless the Court orders the filing of a written answer, the defendant's appearance shall stand as an answer denying the allegations of the complaint.

(c) Plaintiff's Failure to Appear: If the plaintiff fails to appear on the return date, the case will be dismissed for want of prosecution.

((d) The Clerk of the Court shall issue a diligence date for each case classified "SC", for 9:00 a.m. seven months from the date of filing and shall notify the plaintiff of that date by affixing it on the complaint. The plaintiff must request the issuance of an alias summons and otherwise establish the exercise of diligence during the diligence period or the case may be dismissed pursuant to Supreme Court Rule 103(b). Except for good cause shown, no more than one diligence date will be given. Summons shall not issue for a return date beyond the diligence date set by a court, except with leave of court. Any summons issued beyond that date without leave of court shall be considered a nullity.
In the event plaintiff's counsel does not appear on a return date of an unserved summons issued with a future diligence date, the court shall take the matter off call. Plaintiff or plaintiff's counsel must appear on the return date of a served summons. Failure to do so may result in a dismissal for want of prosecution. (amended eff. 1/13/10)

(e) Continuances: Motions for continuances shall be governed in accord with Supreme Court Rule 231 and Local Rule 9.01.

(f) Case not Tried on the Return Date: Cases not tried or otherwise disposed of on the return date will be set for trial by order of the Court.

(g) Pre-Judgment Court Costs: Any litigant seeking court costs shall, at the time judgment is entered, tender to the court, in writing, an itemization specifically and individually listing each and every cost incurred and the amount sought, together with a statement that these costs have been paid.

The Court will only take judicial notice of the filing fee and certified mail cost.

16.04 JURY DEMANDS
Supreme Court Rule 281, small claims actions in which a jury demand is filed, shall be subject to Mandatory Arbitration under Article 13 of these Rules. The judge to whom the case is assigned shall promptly assign an arbitration hearing date before a trial is scheduled.

17.01 INTAKE CRITERIA
The Juvenile Court, as defined in Rule 17.06(b), will accept petitions from a Juvenile Police Officer or other person who has reasonable grounds to believe the welfare of a minor or the protection of the public requires the intervention or supervision of the Court, or that the parents are unfit, unable or unwilling to care for, protect, train, control, educate or discipline the minor, and that jurisdictional facts exist.

17.02 INTAKE PROCEDURE
Whenever a Juvenile Police Officer or other proper person proposes to file a petition pursuant to the Juvenile Court Act, (ILCS Ch. 705, Sections 405/2-13, 405/3-15, 405/4-12, 405/5-520), a Juvenile Report form shall be submitted to the Probation Department.

17.03 PRELIMINARY CONFERENCE
(a) Whenever the Probation Department receives a Juvenile Report form, it shall schedule and hold a preliminary conference as provided by Sections 2-12, 3-14, 4-11, 5-305 of the Juvenile Court Act (ILCS Ch. 705, Sections 405/2-12, 403/3-14, 405/4-11, 405/5-305), unless the minor is in custody or there is an agreement to the contrary with the State or other parties to the action.

(b) Notice of the conference will be given to the person seeking to file a petition under Sections 2-13, 3-15, 4-12, 5-520 of the Juvenile Court Act (ILCS Ch. 705, Sections 405/2-13, 405/3-15, 405/4-12 405/5-520), the prospective respondents and other interested persons by the Probation Department.

17.04 DIVERSION-INTAKE CRITERIA
Prime factors to be considered in electing to file a petition in Juvenile Court, or in the alternative to refer the case to an agency, association or other person, or undertake some other action, are as follows:

(a) The need for intervention or supervision by the Court for the welfare or safety of the child or protection of the public, considering:

1. The conduct of the child and the parents.
2. The availability of appropriate resources and the amenability of parents and child to make use thereof.
3. The best interest of the child, parents and community.
4. Whether previous diversion had been attempted following a preliminary conference.

(b) The fitness, ability and willingness of the parents to care for, protect, train, control, educate and discipline the child.

(c) The gravity of a violation of the law, if any.

(d) The sufficiency of jurisdictional facts.

(e) The ability to meet the required burden of proof.

17.05 NEGLECTED AND DEPENDENT CHILD INTAKE

With respect to dependent and neglected children, a preliminary conference as provided by 705 ILCS 405/2-12 of the Juvenile Court Act may be held at the election of the Department of Children and Family Services or the State's Attorney without reference to Rules 17.02 and 17.03.

17.06 FILING OF PETITIONS
(a) The filing of petitions shall be as provided in ILCS Ch. 705, Sections 405/2-13, 405/3-15, 405/4-12, 405/5-520 of the Juvenile Court Act.

(b) All judicial proceedings relating to a petition may be heard by any judge assigned to the Domestic Relations Division or any other judge designated by the Chief Judge to hear such matters (hereinafter "Juvenile Court"), as provided in 705 ILCS 405/1-3 of the Juvenile Court Act.

17.07 ATTENDANCE AT HEARINGS
Caseworkers of the Department of Children and Family Services, the Department of Corrections and the Probation Department have a direct interest in the work of the Court and shall be admitted to all court hearings and conferences, unless expressly excluded by the Court.

17.08 ANSWERS TO PETITIONS
Answers admitting substantive allegations in petitions shall be made by the parties personally in open court. Denials may be made by counsel on behalf of their clients, unless otherwise ordered.

17.09 (REVOKE 1/11/2012)
17.10 COURT INVESTIGATORS
Each probation officer of the Juvenile Division of the County Probation Department is hereby designated to investigate and determine custody as provided by Articles 3, 4 and 5 of the Juvenile Court Act.  (REVOKED 1/11/12) (AMENDED/REINSTATED 1/19/12)

17.11 (REVOKED 1/11/2012)
17.12 LIMITED OR TEMPORARY CUSTODY
(a) Shelter Care: A minor not requiring physical restriction but requiring shelter care may be lodged in such foster family home or other shelter care facility as may from time to time be approved by administrative order of the Chief Judge or as temporarily approved by a judge of the court, or a shelter care facility licensed by the Department of Children and Family Services.

(b) Detention: A minor who satisfies the statutory criteria for detention as provided by 705 ILCS 405/2-7, 405/3-9, 405/4-6, 405/5-410 of the Juvenile Court Act may be kept or detained in such detention facility as may from time to time be authorized by administrative order of the Chief Judge.

17.13 DETENTION HEARINGS
Detention hearings will be scheduled for the next court day after the respondent minor is taken into custody.

17.14 EMERGENCY CHANGE IN CUSTODY
The temporary or permanent custody of a minor who is the subject of Juvenile Court proceedings shall not be changed without prior notice as provided in Article 17 unless:

(a) The minor is suffering from any sickness or injury which requires care, medical treatment or hospitalization not available without such change.

(b) The conduct and behavior of the minor may endanger the health, person, welfare or property of the minor or others unless custody is changed.

(c) The circumstances of the minor's present environment may endanger the health, person, welfare or property of the minor unless custody is changed.

(d) The minor is likely to flee the present place of custody.

(e) The parent, guardian (other than the guardianship administrator of the Department of Children and Family Services) or custodian with good cause wishes to be relieved of custody, and such wish is stated in writing.

(f) The placement is no longer habitable.

17.15 NOTICE OF EMERGENCY CHANGE IN CUSTODY
The Court must be notified within thirty-six (36) hours, exclusive of Saturdays, Sundays and legal holidays, of a change of custody made pursuant to Rule 17.14, and if physically able, the minor should be brought before the Court.

17.16 ROUTINE CHANGE IN CUSTODY
(a) The temporary or permanent custody of a minor who is the subject of Juvenile Court proceedings shall not be changed unless the Court, the legal custodian or guardian of the person, and all other respondents, are given notice in writing, setting forth the reason for the requested change in custody at least ten (10) court days in advance of such change and said custodian or guardian is afforded opportunity to be heard by the Court as provided in 705 ILCS 405/2-28(1), 3-29(1), 4-26(1) and 5-745(3) of the Juvenile Court Act or files with the Court a written consent to such change.

(b) Such consents shall be made a part of the court records.

17.17 DUTY TO REPORT PREGNANCY
A parent, guardian, legal custodian, foster parent or other person in loco parentis with a minor who is a subject of Juvenile Court proceedings knowing or having reason to know that such minor is pregnant shall report such fact to the Court within forty-eight (48) hours after learning of the pregnancy.

17.18 RESTRICTION UPON UNDUE INFLUENCE
(a) A guardian, legal custodian, foster parent, physician, psychologist or social worker may counsel, teach or otherwise discuss with a minor who is the subject of Juvenile Court proceedings, the physical, emotional and religious conditions and realities of child birth and abortion.

(b) No such person shall advise, advocate, suggest or in any way exert influence upon any such minor to have or not to have an abortion; nor subject said minor to religious beliefs or indoctrinations not the minor's own.

17.19 CONDITIONS OF SUPERVISION OR PROBATION
Conditions of Supervision or Probation will be in substantially the following form, although the rules may be varied to suit each case:

(a) Not violate any criminal statute or ordinance of any jurisdiction, including state and local curfew laws.

(b) Make reports or permit the Probation Officer to visit the minor at the minor's home or elsewhere, in the manner and frequency designated by the Probation Officer under whose charge the minor is placed.

(c) Inform the Probation Officer within forty-eight (48) hours of any change in the minor's place of residence, school or employment.

(d) Not leave the State of Illinois without the prior permission of the Probation Officer.

(e) Reside with the minor's parents or foster parents, and obey their rules and requirements concerning the minor's conduct, hours and companions.

(f) Attend all school classes regularly and promptly, and comply with all other rules and regulations of the school, or if the minor is not enrolled in regular high school classes and is not required by law to attend such classes, the minor must pursue another course of study, or vocational training, or be employed on a full-time basis as approved by the Probation Officer.

(g) Undergo medical, psychiatric, psychological, alcohol or drug counseling or other treatment as directed by the Probation Officer.

(h) Refrain from possessing a firearm or other dangerous weapon.

(i) Comply with such other conditions as may be ordered by the Court.

(j) If the juvenile elects to participate in the Administrative Sanctions Program, the juvenile shall comply with such other conditions as ordered under the Program.

17.20 SAVING PROVISION
No action shall be dismissed for want of compliance with Article 17 unless the Court shall determine such dismissal is in the best interest of the minor and the public. 

17.21 EXPUNGEMENT OF LAW ENFORCEMENT AND JUVENILE COURT RECORDS
(a) Filing of petitions for the expungement of law enforcement records or juvenile court records, or both, shall be a provided by 705 ILCS 405/1-9 of the Juvenile Court Act.

(b) All judges assigned to the Domestic Relations Division are authorized to hear and rule upon petitions to expunge law enforcement or juvenile court records, or both, as provided by 705 ILCS 405/1-9 of the Juvenile Court Act.

18.01 ADMISSION OF WILL TO PROBATE - LETTERS OF ADMINISTRATION
(a) With a petition for probate of a handwritten will, in addition to a facsimile thereof, petitioner shall file a typewritten copy of the will and an affidavit of the petitioner or the petitioner's attorney that, to the best of their knowledge, the typewritten copy is correct.

(b) With a petition for probate of a will in language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

18.02 PETITION FOR EXPENDITURE FOR WARD
A petition of a guardian to apply any part of the ward's estate for the comfort, suitable support or education of the ward or other persons entitled to support from the ward, or for any other purpose for the best interests of the ward, shall be in writing and shall state the value of the estate at the time of presenting the petition, the annual income available to the ward, and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.

18.03 INVESTMENT BY PLENARY GUARDIAN OR GUARDIAN OF THE ESTATE
A petition of a plenary guardian or guardian of the estate to invest the ward's property shall identify the category of investment under 755 ILCS 5/21-2.01 through 5/21-2.14 in which the proposed investment falls and shall state that the proposed investment complies with the limitations applicable to that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm or corporation in which the guardian or conservator has an interest or of which the guardian or conservator is an officer or director, the petition shall so state.

18.04 INVENTORIES
(a) Each inventory shall designate each item of personal estate other than cash and goods and chattels as "good," "doubtful" or "desperate" and state the approximate total value of the decedent's personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

(b) Consecutive item numbers, commencing with Arabic "1," shall be assigned to each item inventoried and carried forward into each account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts.

(c) Descriptions of real estate shall include the legal description of each parcel, street and number, if any, the improvements and encumbrances. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, or if not, the reason the representative is not in possession. (See 755 ILCS 5/20-1, Probate Act)

(d) Descriptions of stock shall include the number of shares, class of stock, exact corporate title and state of incorporation if necessary for the purposes of identification. Description of bonds and debentures shall include the total face value, name of obligor, kind of bond or debenture, rate of interest, date of maturity, interest dates, coupons attached or date which interest is paid, and endorsements. Descriptions of notes owed to the decedent shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements, and if secured, a description of the security.

(e) Descriptions of partnership interest shall include the partnership name and address and the approximate interest of the estate, if known.

(f) If any real estate or tangible or intangible personal property is encumbered, the inventory shall include a brief description of the encumbrance and the principal balance owing at the date of death.

(g) Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, name of the court where pending and the case number.

(h) Each inventory and amended or supplemental inventory shall be presented to the judge for filing and approval.

(i) An amended or supplemental inventory shall be filed and approved by a judge if:

(1) Real or personal property has been erroneously described in a prior inventory;

(2) Assets have been improperly included in or excluded from a prior inventory; or

(3) Additional assets have been received by the representative or have come to the representative's knowledge.

A supplemental inventory or an amendment to an inventory need not repeat assets correctly described in a prior inventory.

18.05 FORM OF ACCOUNTS
(a) Each asset listed in an account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears, but this requirement does not apply if the account is prepared and controlled by mechanized accounting system. Distribution of an item or conversion into cash or other disposition need be described only in the first account after completion of the transaction.

(b) Each disbursement stated in an account shall be numbered and supported by a voucher. Vouchers shall be numbered and arranged in the order of the disbursements, securely fastened together under a separate cover and filed with the account. If the account is presented by a bank or trust company, the judge may waive the requirement of exhibiting vouchers for disbursements other than distributions, upon presentation of a certificate of an officer stating that the vouchers are on file with the bank or trust company.

(c) With respect to an unincorporated business or real estate (or beneficial interest in real estate) in the possession of the representative, the judge may accept a summary accounting of the operation.

(d) Each guardian and each executor or administrator of an estate shall present an annual report or account of his/her administration. The date for the first filing of such accounts shall be approximately one (1) year from the issuance of letters otherwise known as the "status date." Thereafter, accounts shall be filed as ordered by the Court. Each probate file shall be assigned a future date. The Court may, on the motion of any interested party, or on its own motion, issue an order requiring the guardian, executor or administrator to appear and take any appropriate action as deemed necessary by the Court. The order shall be served by the Clerk of the Court by regular U.S. mail on the guardian, executor or administrator and the attorney for the estate.

(e) If the attorney states at the time the inventory is filed that a federal estate tax return is required, the judge approving the inventory may enter an order fixing a date eighteen (18) months after the issuance of letters for the filing of the representative's first account.

(f) Unless waived by the person entitled thereto, notice of the hearing on a final account or an account intended to be binding under Section 24-2 or Section 24-11(b), shall be given as follows:

(1) On an account of a guardian, temporary guardian: to the ward, to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than twenty (20) days before the date set for the hearing.

(2) On an account of an executor or administrator, or administrator to collect: to persons entitled to notice. If a person entitled to notice is represented by an attorney at law, attorney-in-fact or consul or consular agent whose appearance is on file, notice as required for motions shall be sent to the attorney at law, attorney-in-fact or consul or consular agent not less than twenty (20) days before the date set for hearing.

(3) Notice to all other persons entitled to notice shall be given as follows:

(i) If the name and present post office address of the person is known to the representative or the representative's attorney, the notice, accompanied by a copy of the account, shall be given to the person entitled to notice in person or sent by mail to his or her post office address not less than twenty (20) days before the hearing, unless the post office address of the person is outside the United States or Canada, in which event the notice shall be sent not less than thirty (30) days before the hearing.

(ii) If the name of the person is known to the representative or the representative's attorney, a copy of the notice, accompanied by a copy of the account, shall be sent to the person by mail to his or her last known post office address, if any, not less than twenty (20) days before the date of the hearing. If the person entitled to notice last known post office address is outside the United States or Canada, the notice shall be sent not less than thirty (30) days before the date of the hearing.

(iii) If the name or present post office address of the person is not known to the representative or the representative's attorney, notice shall be given by publication once a week for three (3) successive weeks, the first publication to be not less than thirty (30) days before the date of the hearing.

(iv) The notice shall contain the time, place and nature of the hearing and substantially the following sentence: "If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."

(g) A representative shall not be discharged until the entry of an Order of Discharge in the form prescribed by the Court.

(h) An account of a guardian or temporary guardian shall state the physical location of the ward and the ward's physical and mental condition.

(i) An account of a guardian shall state the physical location of the ward and the fact of attendance at school or occupation.

(j) An account of a guardian or temporary guardian shall disclose pendency of any suit or proceeding, if known, by or against the estate or representative of the estate.

(k) At the time of presenting an account, the guardian, conservator or conservator to collect shall establish to the judge's satisfaction the existence of the assets stated.

(l) On the final settlement of a ward's estate, if the person entitled to the estate is the ward, the guardian will not be discharged unless the ward appears in court and acknowledges the settlement. The personal attendance of the ward and the ward's acknowledgment of the settlement may be waived, however, if the Court is satisfied, by affidavit of the ward or by other evidence, that the final settlement is correct, that the ward is in possession of all of the ward's estate, and that the personal attendance of the ward is impracticable.

(m) If a distributee of a decedent's estate dies after decedent's death but before receipt of the distributee's entire distributive share, evidence of the distributee's death, and such other documents as may be required for the entry of an order of distribution, shall be presented and the order of discharge shall so state.

(n) The Court may in its discretion require a bond with sufficient surety regardless of any provision in the will or stipulation to the contrary.

18.06 OUT-OF-STATE PERSONAL REPRESENTATIVES RESERVED

18.07 PROCEDURES FOR ESTATES OF DISABLED ADULTS
(a) In all estates wherein the ward is a disabled adult, the Guardian of the Person shall provide the Court with a biennial report (one report every two years) concerning the condition of the person of the ward, except that the first report after appointment of the Guardian of the Person shall be within twelve (12) months of the entry of the initial order appointing the Guardian. Upon its own motion or at the request of the Guardian, the Court may extend the reporting period to such time as the Court deems appropriate.

(b) In all estates wherein the ward is a disabled adult, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the Ward. Upon its own motion or at the request of the Guardian, the Court may extend or excuse the annual accounting as the Court deems appropriate.

18.08 Procedures Regarding Guardianship Cases For Minors
(a) In all guardianship cases wherein the ward is a minor, the Guardian of the Person shall provide the Court with a biennial report (one report every two years) concerning the condition of the person of the ward, except that the first report after appointment of the Guardian of the Person shall be within twelve (12) months of the entry of the initial order appointing the Guardian. Upon its own motion or at the request of the Guardian, the Court may extend the annual or biennial report to such time as the Court deems appropriate.

(b) In all guardianship cases wherein the ward is a minor, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the ward. Upon its own motion or at the request of the Guardian of the Estate, the Court may extend or excuse the annual accounting as the Court deems appropriate.

21.01 FILING OF PETITION
(a) The petitioner's attorney shall have the duty of notifying the Department of Probate and Court Services within five (5) days after the petition is filed, if consents are to be taken.

(b) The petition shall contain all allegations required by the Illinois Adoption Act.

21.02 DOCKET CALL TIMES
(a) The adoption docket call shall be at 10:00 a.m. on Mondays and Thursdays. The matters heard on this call shall be uncontested or shall be non-evidentiary matters. The matters that are set on the 10:00 a.m. call, either upon motion of any party, or on the Court's own motion, include:

• Initial presentment of the Petition for Adoption or related matters
• Appointment of a Guardian ad Litem
• Motion for Entry of Interim Orders
• Motion for Entry of Default
• Case Management Conferences
• Routine and Regular Motions
• Guardian ad Litem Fee Hearings (set by Court)
• Entry of Judgment (set by Court)

(b) Contested Matters, including, but not limited to, motions requiring evidentiary hearings, trials, termination of parental rights hearings, and best interests hearings shall be heard by the Court at 1:30 p.m. The Court shall set the date for said matters on its own motion.

21.03 MOTIONS
(a) The following motions are considered regular motions and should be set on the 10:00 a.m. call:

• Motion for Leave To File Amended Petition
• Motion for Entry of Default
• Motion to Allow Examination of Court File by Petitioner's Attorney
• Motion to Amend Judgment (correct typographical error)
• Petition to Proceed as a Special Needs Adoption
• Motion to Delete Identifying Information
• Petition for Appointment of a Confidential Intermediary
• Issuance of Passport, Permission to Travel Out of the State of Illinois and Authorize Medical Care (prior to entry of final judgment)

(b) The following motions are considered routine and may be resolved without a court appearance:

• Certified Copy of Judgment for Adoption
• Appointment of Special Process Server
• Permission to Sue or Defend as an Indigent Person
• Continuing Date Set for Entry of Judgment
• Motion by Adoptee for Access to Adoption File

(c) Notice must be served on the Guardian ad Litem if the Motion seeks relief affecting any named or unnamed party, changing a court date set by prior order or the status of the adoptee as established by the Interim Order entered in the matter.

(d) Routine Motions not requiring notice to any other person or party can be dropped off with the Court any day during regular business hours. Every effort will be made to enter the appropriate order by 12:00 p.m. for orders received in the morning and 9:00 a.m. on the succeeding court day for motions delivered after 12:00 p.m.

(e) To facilitate the Court's business, every Routine Motion should be accompanied by a Notice of Motion, regardless of whether notice is required, stating that the matter is to be heard on the Routine Motion Call and containing the date that counsel wishes to have the order entered.

21.04 COURTESY COPIES
Courtesy copies of all Petitions for Adoptions without exhibits or attachments and motions which are intended to be filed or presented on the 10:00 a.m. call shall be delivered to the Court no later than 3:00 p.m. on the court date prior to the intended date of presentment. Failure to comply with this directive may result in a delay or postponement of the initial hearing on the Petition and/or request for an Interim Order (750 ILCS 50/13) relating to the child's custody and care during the adoption proceeding.

21.05 CONSENTS
(a) Consents to adoptions, acknowledgments of information exchange authorizations and denial of exchange authorizations shall be taken before a person authorized by administrative order to take such consents.

(b) If the Department of Court Services is to take the consent for adoption from the biological parents, petitioner's attorney will contact the Department of Court Services providing therewith the following information:

1. The child's full name and gender;
2. The child's date of birth or due date;
3. The child's place of birth;
4. Names, addresses, telephone numbers and ages of biological parents;
5. Names and addresses of petitioners; and
6. Case number.

(c) All consents not governed by 750 ILCS 50/10(O) (Consent to Adoption in a proceeding under the Juvenile Court Act of 1987), shall be general in nature and be in a form substantially similar to that as provided by statute. In addition, where the consent is executed by the biological mother, she shall also contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support. Such Affidavit of Identification and Affidavit of Non-Support shall be filed with the Court prior to the entry of Judgment and shall become a part of the Court record. Provided nevertheless, upon a showing that the jurisdiction where the consent was taken allows specific consents to adoption, the Court will accept such consents as required by 750 ILCS 50/10 (L). A Guardian ad Litem or attorney for minor birth parents will only be appointed after the initiation of adoption proceedings.

(d) If counsel believes an interpreter is necessary for the effective acknowledgment of a consent or surrender, counsel shall be responsible for providing an interpreter (one who is not related to any party, parent or child in the adoption matter). Request shall be made by motion to the Court.

21.06 INVESTIGATIVE REPORTS
All investigative reports prepared by licensed child welfare agencies and the Department of Court Services shall comply with the format for such reports as established by Administrative Order of the Illinois Department of Children and Family Services and be dated not later than twelve months prior to the date of the filing of the Petition for Adoption.

21.07 INTERIM ORDERS
In order to comply with the requirements of 750 ILCS 50/13, such orders will be entered in the following situations:

(a) In cases where all parental rights have been surrendered, otherwise terminated and provided no other placement orders are in effect, or their identity is unknown because the child was found abandoned and turned over to a licensed child welfare agency, the Court will enter an Interim Order placing the child(ren) in the Petitioner or Petitioners' care, custody and control pursuant to an interim custody order upon a showing, in adoptions other than that of a related child or through an agency, that such person or person will provide suitable temporary custodial care for such child or children. (750 ILCS 50/13 A);

(b) In cases where one biological parent has consented to adoption or surrendered their parental rights and the child or children have been placed by the biological parent or an agency with the Petitioner or Petitioners, upon a showing that the whereabouts or identity of the other biological parent is unknown, an interim custody order will be entered. In order to make such a showing, the Court will require, at a minimum, an Affidavit of Identification and/or an Affidavit showing factually what steps have been taken to locate and notify the absent biological parent;

(c) In all other cases, no order relating to custody will be entered unless the Court has obtained jurisdiction over the absent biological parent by service of summons or publication and such person has been served with notice of the hearing requesting such relief in accordance with the Rules. Provided, nevertheless, that any party may seek such relief in all cases without notice in accordance with 750 ILCS 50/18 (f).

21.08 GUARDIANS AD LITEM
(a) Appointment. In all cases for adoption, with the exception of adult adoptions, a Guardian ad Litem (GAL) shall be appointed to represent the best interests of the minor child(ren) to be adopted.

The appointment shall be made at the time of initial presentment or the entry of any Interim Order providing for the care, custody or control of the person sought to be adopted. It shall be the duty of counsel for the Petitioner(s) to furnish the appointed GAL with a copy of the Petition for Adoption, Interim Order, consents and surrenders, and any other material normally provided to the GALs in similar cases.

In adoptions where the GAL is appointed as investigator, counsel for the Petitioner(s) shall deliver a completed affidavit from each Petitioner concerning their background, including medical history, religious background, general demographic information, together with any exhibits required.

(b) Duties. In all cases, the Guardian shall file an appearance as Guardian ad Litem for the adoptee within 14 days of appointment. From the date of appointment, the GAL shall receive notice of all requests for relief made to the Court by any party as required by either the Rules of the Illinois Supreme Court or the Circuit Court of for the Eighteenth Judicial Circuit.

The GAL may file any response deemed necessary to advance the best interest of the adoptee.

If the GAL chooses, an answer may be filed on behalf of the adoptee. This pleading must comply with 735 ILCS 5/2-610. No default will be entered against a child for the failure to file an answer absent an order compelling the filing of such pleading.

The GAL shall, in addition to the above, do the following:

Review the Court file in each case to make certain that pleadings are proper, service is effected on all necessary parties, and that all parental rights have been finally and properly terminated.
Verify that the search of the Illinois Putative Father Registry has been completed.
In all cases where the Petitioner(s) are related to the child-adoptee as defined by 750 ILCS 50/1 B, and where investigative report has been prepared by a licensed agency or the Department of Supportive Services, the GAL shall have the discretion to meet with the child-adoptee in an appropriate setting to determine the child's position concerning the proposed adoption. In such cases where one of the Petitioners is the step-parent of the child, the GAL shall obtain and review all documents necessary to determine whether the child is available for adoption and the Petitioners' legal relationship to each other and the child(ren).
The GAL is appointed to represent the child's best interest and not the expressed preference of the child. In those cases where an irreconcilable conflict arises in those positions, the GAL shall request the Court to appoint separate representation for the child.
Remain apprised of all situations that affect the child-adoptee's status quo as it existed at the time of the entry of the Interim Order.
Attend and participate in all contested and/or settlement hearings or conferences in the case.
Conduct all necessary discovery in connection therewith.
In cases where an agency has conducted a home study of the petitioners' home, the GAL is not required, but is permitted, to conduct a home visit. If no home study has been completed, the GAL should conduct a home visit.
In cases where the parental rights of the adoptee's biological parents have been terminated in a Juvenile Court proceeding which remains pending, contact the child's GAL in those proceedings to determine if anything has arisen in the child's life that remains to be brought to the attention of the Juvenile Court Judge which that person believes would be relevant to the decision to be made by this Court. In such instances, the GAL may desire to contact the Assistant State's Attorney and the Case Worker to determine if such information is material to a determination of whether the adoption is in the child's best interest. The accounts received should be analyzed by the GAL to determine whether such information should be brought to the attention of the Court. If so, the GAL should file the appropriate motion for leave to obtain any and all supporting material which the GAL deems relevant to the child's best interest. In exercising discretion in this area, the GAL should consider that this Court is not sitting in review of decisions made by the Judges of the Juvenile Division of this Court.
Review the investigative reports prepared in connection with the adoption and investigate any issues that arise in the report which adversely impact what the GAL believes is in the adoptee's best interest. Absent the known existence of contrary facts or an inherent inconsistency in the investigative report, the GAL is presumed to be acting in a reasonable manner by relying on the facts set out in the investigative report without undertaking any independent investigation.
If no investigative report by a licensed agency has been required by the court or the separate social history investigation has been waived and it comes to the attention of the GAL that a petitioner who is not the biological parent of the adoptee has committed any offense involving sexual abuse of any person, physical abuse or abandonment of a child, or been convicted of any felony offense as defined by the laws of the jurisdiction in which it occurred, the GAL shall petition the Court to order an investigative report prior to the entry of a judgment of adoption. Nothing herein shall preclude the GAL from requesting the Court to order a new or additional investigative report in any case where the GAL believes that such information will be relevant and necessary to the Court's resolution of the matter.
In all cases, in lieu of an answer, file with the Court a recommendation as to what is in the best interest of the child based upon a review of all available data.
If the GAL wishes to support or oppose any relief sought by the movant, a proper pleading must be filed which advances the GAL's position. Copies of such pleadings must be served on all parties as required by the applicable rules.
(c) Fees for Guardians ad litem. Prior to the entry of Judgment for Adoption, the GAL shall prepare and submit to the Court a Petition for Award of Fees and Costs, with supporting billing records or invoices. The Court will address the reasonableness of the fees at the entry of Judgment for Adoption or set a hearing on said fees, if contested.

(d) There shall be no appearance fee charged by the Clerk of the Circuit Court for the GAL's appearance in an adoption proceeding.

21.09 TERMINATION OF PARENTAL RIGHTS BY DEFAULT
(a) Petitioners seeking to default any necessary party to an adoption proceeding based upon service by publication must file a supporting affidavit establishing factually the action taken that demonstrates honest and well directed efforts to ascertain the whereabouts of the person sought to be defaulted by such service. Said affidavit shall detail search efforts, including, but not limited to, searches of military records, the Illinois Department of Corrections, administrative agencies (i.e., the State Disbursement Unit), and all other search efforts.

(b) The factual showing of the inability to serve or locate the person sought to be defaulted has also been defined as a showing of due diligence or more succinctly a showing that would lead a reasonable person to conclude "that kind of search or investigation which a diligent person intent on ascertaining a fact, would usually and ordinarily make." An affidavit as to military service status of any named person sought to be defaulted must also be filed in all cases where the identity of a putative father has been made known to the Petitioner or any other party to the proceeding.

(c) Counsel seeking an Order of Default terminating the parental rights of any person should make certain that at the time of service, either personal, substitute or by publication that the complaint on file is legally sufficient to support a termination of parental rights.

21.10 VERIFICATION OF FINALITY OF PARALLEL PROCEEDINGS
(a) In adoption cases where the parental rights of a biological or legal parent have been terminated in a Juvenile Court proceeding, this Court is unable to enter a Judgment of Adoption until the appeal rights of each such parent have been exhausted. This must be established by counsel for the petitioner(s).

(b) If the termination proceedings were conducted in the Circuit Court for the Eighteenth Judicial Circuit, upon motion, the Court will direct the Clerk of Court to certify the status of any appeal from an order terminating parental rights. Counsel is responsible for preparing an appropriate motion, order and verification statement.

(c) If such proceedings occurred in any other circuit court of this State or another State, counsel for the petitioner must file an affidavit stating with particularity the status of any such appeal. Such affidavit may reflect the hearsay statement of an identified court official who has advised counsel of the information. Counsel would be well advised, however, to obtain a certified copy of the docket or mandate issued in such cases.

21.11 APPOINTMENT OF COUNSEL/EXPERTS
(a) A biological or legal parent who appears in an Adoption proceeding is entitled to have legal counsel. If that person is indigent, the Court is required to appoint counsel. If an individual seeks appointment of counsel, an Affidavit of Assets and Liabilities must be completed and presented to the Court for review on the 10:00 a.m. call.

(b) Said counsel will be appointed from a list of attorneys maintained by the Presiding Judge of the Chancery Division or in accordance with the policies and procedures of the DuPage County Legal Assistance Foundation.

(c) Fees in such cases cannot exceed the hourly rate for appointed counsel set by Supreme Court Rule. Requests for fees must be made by Petition either verified or supported by an affidavit detailing the time expended and work performed which was necessary in representing the client's interest. To facilitate payment, the petition should also include a copy of the Affidavit of Assets and Liabilities signed by the client and the order of appointment.

21.12 SETTING MATTER FOR JUDGMENT
(a) As part of any Interim Order entered by the Court, the Court shall select a proposed date for entry of Judgment of Adoption on the 10:00 a.m. call.

(b) The Court may, in its discretion, waive the six-month waiting period for entry of the Judgment of Adoption.

(c) Counsel for the Petitioner shall, two (2) business days prior to the date for entry of Judgment, submit to the Court and the GAL a proposed Judgment of Adoption. The matter will be heard on the date set for judgment by Court order.

(d) No later than two (2) business days before the date scheduled for entry of Judgment, the GAL shall cause to be delivered to the Court and counsel and/or all parties, either a completed Report of the Guardian ad Litem consenting to the entry of judgment or a pleading stating why judgment should not be entered. Copies of either document shall be served on all parties of record as required by the Rules. If the GAL raises issues that may be informally resolved, the parties are directed to exercise their best efforts to reach a resolution prior to the date set for judgment.

(e) In the event no order is submitted to the Court for entry on the date set for judgment, the Court, on its own motion, will continue the matter for 21 days on the 10:00 a.m. call and notify counsel to appear. Failure of counsel to appear on the continued date will result in a vacation of all existing orders and a dismissal of the matter for want of prosecution.

21.13 STANDBY ADOPTIONS
(a) Petitions seeking a judgment of adoption in accordance with 750 ILCS 50/1S shall file a Petition which alleges the required elements for a judgment of adoption.

(b) The petition shall be filed by the person(s) seeking to adopt the child. This petition should also allege that a judgment will not be requested until the death or request of the person's biological and or legal parent(s).

(c) Consents to such adoptions by the living parent(s) shall be taken as required by the Adoption Act and local Rule, provided nevertheless, that a party may petition the Court for the taking of a consent at a hospital or other medical facility where the consenting party's physical condition will be compromised by such travel and a treating physician certifies that such person is mentally capable of giving such consent.

(d) Upon entry of an Interim Order, the matter will be set for status three (3) months from the date of the Interim Order at 10:00 a.m.

(e) In the event all of the minors who are sought to be adopted in such proceeding attain their majority, the matter will be dismissed as moot unless the petitioner timely moves to amend the matter to seek adoption of an adult person. 

21.14 ADULT ADOPTIONS
In accordance with the provisions of the Adoption Act, the Court need not conduct a hearing for entry of an Interim Order, nor appoint a Guardian ad Litem, in adult adoptions. Upon proper service on or consent of the adult to be adopted, the Court may proceed to Judgment, upon receipt of satisfactory evidence of the basis for the adult adoption, in compliance with the Adoption Act.

21.15 CO-PARENT AND SECOND PARENT ADOPTIONS
(a) In all matters where two unmarried persons seek to adopt a child who is not related to either person (a co-parent adoption), the petitioners shall comply with the provisions of the Adoption Act and this Rule 21 of the Circuit Court for the Eighteenth Judicial Circuit. In addition, the petitioners, in the petition for adoption, shall provide the court with information about the length, nature, and character of the petitioners' relationship.

(b) In matters where a person seeks to adopt the child of another person, and said persons are not married to one another (a second parent adoption), the petitioners shall comply with the provisions of the Adoption Act and this Rule 21 of the Circuit Court for the Eighteenth Judicial Circuit. In addition, the petitioners, in the petition for adoption, shall provide the court with information about the length, nature, and character of the petitioners' relationship.

21.16 ACCESS TO COURT FILES
(a)  At the time of initial presentment, Counsel may obtain an Order granting future access to the Court file for the instant adoption, but in no event shall access be granted for more than 30 days after the date of entry of Judgment of Adoption.

(b) The Clerk will furnish the petitioners' counsel of record with unlimited certified copies of the judgment within 30 days of the date of entry of Judgment of Adoption.

(c) Any other party to the proceedings may petition the Court for access to the court file. This request must be made on the 10:00 a.m. call. Notice of the motion must be served on all parties who have a privacy interest in maintaining the confidentiality of the court record. Access to confidential adoption information can also be obtained under the confidential intermediary program established by the Adoption Act (750 ILCS 50/ 18.3a).

21.17 APPOINTMENT OF CONFIDENTIAL INTERMEDIARIES
(a) Proceedings to obtain the appointment of a Confidential Intermediary (750 ILCS 50/18.3a) are to be scheduled on the 10:00 a.m. call.

(b) A petition for the appointment of a Confidential Intermediary may be filed by the following persons:

• an adopted person 21 years of age or over;
• a surrendered person 21 years of age or over;
• the adoptive parent or legal guardian of an adopted or surrendered person under the age of 21;
• a birth parent of an adopted or surrendered person 21 years of age or over;
• an adult child, adoptive parent, legal guardian, or surviving spouse of a deceased adopted or surrendered person;
• an adult birth sibling of an adopted or surrendered person whose common birth parent is deceased and whose adopted or surrendered person is 21 years of age or over; or
• an adult sibling of a deceased birth parent whose surrendered child is 21 years of age or over.

(c) Any person seeking the appointment of a Confidential Intermediary must accompany the Petition filed with the Court with proof of registration with the Illinois Adoption Registry and Medical Information Exchange (750 ILCS 50/18.04).

(d) The Confidential Intermediary, if appointed by the Court, will have the authority to conduct an investigation in order to locate and contact the person being sought. This may include access to certain court and other confidential records that would not normally be available for review. However, no investigation can be undertaken if there has been a Denial of Information Exchange filed with the Illinois Adoption Registry by the individual who is the subject of the inquiry. The Confidential Intermediary will not have access to medical information protected by federal law unless the person whose information is being sought grants permission for access to this information in writing.

(e) At the hearing, the Court will review the Petition and consider any additional information supplied by the Petitioner in open court. If the Petitioner has established the right to the appointment of a Confidential Intermediary, the Court will enter the order that day. The statute requires the Court to appoint as Confidential Intermediaries persons certified by the Illinois Department of Children and Family Services. The Confidential Intermediary Service of Illinois is administered by the Midwest Adoption Center. The Court will select a Confidential Intermediary randomly from the list provided by the service agency.

(f) If a Confidential Intermediary is appointed, the Court will continue the matter for one year to allow the completion of the investigation. The Court will forward a copy of the Order of Appointment to the Petitioner and the appointed Intermediary. Midwest Adoption Center will normally contact the Petitioner within three weeks of the appointment at which time the fees will be due.

(g) These matters are formal court proceedings, and as such, procedural rules must be followed. After the appointment of a Confidential Intermediary, the Petitioner should communicate directly with the designated Intermediary and/or with the service agency, Midwest Adoption Center. Any communication to the Court by either the Petitioner or Intermediary should also be sent to the other person and should be styled as a Motion or Petition requesting the Court's official action. The correspondence should be sent to the Court and other party no later than 5 business days prior to the requested court date.

22.01 SPECIAL ASSESSMENTS

With each roll spreading a special assessment, there shall be filed with the Clerk of the Circuit Court a true and correct copy of said roll, which copy the Clerk of this Court may certify to the Village or City Collector for collection of said assessment.

22.02 through 22.10 (RESERVED)

30.01 APPLICABILITY OF RULES
(a) Except where clearly indicated otherwise, the rules contained in Article 30 shall be applicable to all cases assigned to the Felony, Misdemeanor and Traffic Divisions, as set forth in Rule 1.01(a).

(b) The rules contained in Article 30 shall be read in conjunction with applicable rules contained in Articles 31 through 38 of the Local Rules.

30.02 MOTIONS GENERALLY; NOTICE
(a)  Unless otherwise dictated by statute or Supreme Court Rule, any application for an order or other relief shall be made by filing a motion.  The title to each motion shall indicate the relief sought and the applicable section of the Code of Criminal Procedure or Supreme Court Rule.

(b)  Hearing:  With the exception of emergency matters, no motion shall be heard unless previously scheduled for hearing with the Court or with the Court’s secretary.

(c)  Content of Notice:  Every motion which is not filed in open court shall be accompanied by a notice of motion.  The notice shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the date when the motion will be presented, the time it will be presented, the courtroom where it will be presented, and the purpose of the motion, including the requested relief.

(d)  Time of Notice:  If notice of motion is given by personal service, the notice and motion shall be served by 4:00 p.m. of the second court day preceding the date when the motion will be presented.  Notice by mail shall be completed as provided by Supreme Court Rule 12.  Notices served by Facsimile transmission (FAX) upon those parties or attorneys who have consented to service by FAX in accordance with Illinois Supreme Court Rule 11 shall be completed as provided by Supreme Court Rule 12.

(e)  The opposing party may waive notice and/or the requirement that the motion be presented in writing.  Said requirements may also be waived if the Court determines they are unnecessary based on the relief requested.

(f)  Motions not presented or supported by the moving party when called, pursuant to notice, may be stricken.

30.02A CONTESTED MOTIONS
(a)  For purposes of Rules 30.02 and 30.02A, any motion which is opposed is a contested motion and will be heard at a time designated by the Court.

(b)  Every motion, and each basis in the motion, brought pursuant to the Code of Criminal Procedure or Supreme Court Rule shall be identified by the Code of Criminal Procedure section and/or the Supreme Court Rule number under which it is brought.

(c)  For every contested motion there shall be delivered to the chambers of the assigned judge by the party filing same, at least three days prior to the date for hearing:

(1)  The motion, response, reply;

(2)  All cases and other authorities cited in the pleading or which will be argued.    

(d)  No motion or writing in support of or in opposition to a motion shall exceed ten (10) pages in total length (excluding supporting documents) without prior leave of court.

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion.

All documents submitted shall be double spaced and shall contain margins of at least one (1) inch at the top, bottom and each side.  Type shall be no less than a twelve (12) point font.

(e)  The Court may strike or refuse to consider motions which do not comply with the requirements of this rule.

30.03 JOINDER AND TRANSFER OF CASES
(a) All criminal charges of all defendants arising out of a single incident, including ordinance violations, shall be written into a single court on a single date. All matters shall be set in the division that would hear the most serious offense.

(b) All cases filed against a given defendant at the same time, regardless of case category, shall be assigned to the same courtroom, except as otherwise provided by administrative order.

(c) It shall be the responsibility of each judge to identify companion cases and to have them transferred to one courtroom, through the office of the Presiding Judge of the appropriate division.

(d) Upon the motion of either the prosecuting authority or the defendant for inter-division transfer of subject type cases for the purpose of proffering a plea agreement and disposition of all cases, the motion shall be made before the assigned judge for transfer to the Presiding Judge of the division in which the most serious charge is pending. The Presiding Judge shall decide the motion to transfer. In the event the motion to transfer is granted, all the cases shall be transferred to the judge assigned to the pending case with the most serious class of offense to accept or reject the proffered plea agreement.

(e) Upon the motion of any prosecuting authority or the defendant for intra-division transfer of subject type cases for the purpose of proffering a plea agreement and disposition of all cases, the cases shall be transferred to the assigned judge with the most serious class of offense or if the charges are of equal seriousness, the transfer will be to the assigned judge with the oldest case to decide the motion to transfer and to accept or reject the proffered plea agreement.

(f) Cases involving a single defendant shall be randomly assigned, and unless otherwise ordered, shall remain so assigned throughout the pendency of the case, including any term of supervision, conditional discharge or probation.

Any single defendant who has a pending case or who is currently on supervision, conditional discharge or probation in a felony courtroom shall have the new felony case assigned to the judge currently assigned to the oldest file.

(g) Felony cases involving co-defendants, defendants jointly charged or indicted, shall be heard by the same judge, and on motion of the court all co-defendants in a single case shall be transferred to the judge to whom the lowest numbered case is assigned. Any recusal or motion for substitution of judge filed by one co-defendant shall act to transfer all co-defendants.

(h) Failure to transfer cases in accordance with Rule 30.03 shall not be grounds for dismissal of criminal or quasi-criminal charges, unless justice so requires.

30.04 REASSIGNMENTS
(a) Reassignments of pending CF, CM, MT or TR and OV cases and any cases companion thereto shall be made at the discretion of the Presiding Judge of the division in which the most serious charge is pending, who when ordering said reassignments shall do so in accordance with Rules 30.03(d) and 30.03(e) and be guided by the following criteria:

(1) Desirability of preserving manageable caseloads;

(2) Desirability of equalizing workloads among judges; and

(3) Desirability of assigning cases to only those judges who normally hear that category of cases which is the subject of the reassignment.

(b) Cases in any division may be transferred for disposition in the courtroom that has the most serious offense, or if the charges are of equal seriousness, the transfer will be to the assigned judge with the oldest case, with the concurrence of all parties and the receiving judge, without the concurrence of the Presiding Judge of the respective division.

30.05 DEFENDANT'S APPEARANCE BY A TWO-WAY AUDIO/VIDEO COMMUNICATION SYSTEM
A criminal defendant may appear in court at pre-trial and post-trial proceedings by way of a two-way audio/video communication system, so long as the following conditions are met:

1. The Defendant is incarcerated; and

2. The Director of Corrections, Sheriff, or other authority has certified that facilities, including a secure line over which the defendant and the defense attorney may communicate, are available for this purpose; and

3. The court appearance is for one or more of the following purposes:

A. The initial appearance before a judge on a criminal complaint, at which bail will be set;
B. The waiver of a preliminary hearing;
C. The arraignment on an information or indictment at which a plea of not guilty will be entered;
D. The presentation of a jury waiver;
E. Any status hearing; and
F. Any hearing conducted under the Sexually Violent Persons Commitment Act at which no witness testimony will be taken.

To protect the defendant's underlying constitutional rights, a criminal defendant shall be physically present in court during witness confrontation, the presentation of a defense, impaneling of a jury, and a plea of guilty, unless these rights have been lawfully waived.

This Rule is drafted under the authority of 725 ILCS 5/106D-1, 725 ILCS 5/109-1, and People v. Willie E. Lindsey, 201 Ill. 2d 45 (2002) and People v. Stroud, 208 Ill. 2d 398 (2004). Defendant must waive right to be in court for plea of guilty. Without waiver and admonishment, plea of guilty is vacated.

30.06 DEFENDANT'S DEMAND FOR SPEEDY TRIAL
(a) All demands for trial, pursuant to the Code of Criminal Procedure [725 ILCS 5/103-5(b)], shall be made in the following manner:

(1) In writing with proper caption and case number signed and dated by the defendant or the defendant's attorney;

(2) A copy of the demand shall be served on the State's Attorney in any manner permitted by Supreme Court Rules 11 and 12; and

(3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State's Attorney.

(4) Notice of the demand shall be given to the assigned judge within 7 days following the filing of any speedy trial demand.

(b) The requirements of Rule 30.06 are mandatory and a demand for trial that does not comply with the foregoing shall not be recognized unless the Court finds that the State had actual notice of defendant's trial demand and that the interests of justice require recognition of such demand.

30.07 MOTION DAYS
Motion days will include arraignments, motions of course, pleas and status hearings. Contested motions requiring evidentiary hearings will be scheduled according to the assigned judge's trial calendar.

30.08 FUTURE COURT DATES
(a) All pending, reactivated and reinstated cases coming before the Court on any given day must be given a future court date, however, no future date is required in cases where a warrant for defendant's arrest has been issued and remains outstanding.

(b) No pending, reactivated or reinstated case appearing before the Court on any given date (whether on the official court call or an add-on) shall be "stricken from the call" or "stricken" or "taken off call" unless there is a future court date already set or there is an outstanding warrant.

(c) Upon setting a future court date, the purpose of the future court date shall be specified.

30.09 CONTINUANCES
(a) As provided by law, a party may move for a continuance as provided in the Code of Criminal Procedure (725 ILCS 5/114-4) and applicable Supreme Court Rules.

(b) Addition or Substitution of Attorneys: A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except by good cause shown by motion and affidavit.

(c) In a case in the Traffic Division where there are witnesses, the Court shall inquire when the case is called whether the witnesses are present. If a defendant fails to appear in court, the witnesses may be excused by the Court. If the defendant appears in court after the witnesses have been excused, the case shall be continued to another date. The judge also shall order sanctions against the defendant where it appears that the defendant's conduct was contumacious or designed to frustrate the legitimate ends of justice. Sanctions may include but are not limited to the revocation of the defendant's bond and ordering defendant held in custody until the next trial date.

30.10 PLACING OF CF, CM, DV, OR MT or TR FILINGS ON THE COURT'S CALL
At the time of filing any motion, pleading or other document in any CF, CM, DV or MT or TR file, the person filing the motion must place the case on the court's call for a date within 30 days of the date of filing.  In the case of motions, pleadings or other documents that are received by the Circuit Clerk by mail and which are filed, the Circuit Clerk shall place the matter on the court's call within 30 days of the date of filing.

30.11 APPEARANCE OF COUNSEL AND PRIORITY IN COURT CALL
(a) An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

(b) All cases where the defendant is represented by an attorney shall have priority during the court call. Cases in which the defendant is not in custody shall be called by the clerk in the order in which attorneys have checked in with the clerk. Attorneys must check in prior to the start of the court call and must remain in that courtroom until their case is called.

30.12 (RESERVED)
30.13 WAIVER OF TRIAL BY JURY
If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.

30.14 REPEALED
30.15 CONTROL OF EVIDENCE IN CRIMINAL COURTS
Exhibits received in evidence shall be retained by the Clerk of the Circuit Court, unless otherwise ordered by the trial court.

30.16 PETITIONS TO EXPUNGE RECORDS OF ARREST
(a) Any petition to expunge records of felony or misdemeanor arrest from official records pursuant to 20 ILCS 2630/5.2 or 730 ILCS 5/5-6-3.1 shall be in writing and shall be brought before the Presiding Judge of the Felony Division or of the Misdemeanor Division, respectively, who may, in the Presiding Judge's discretion, enter an order expunging the record of arrest.

(b) Notice of the petition shall be served upon the appropriate prosecuting authority.

31.01 WARRANT, SUMMONS AND NOTICE TO APPEAR
(a) A summons or warrant of arrest shall issue only upon a complaint presented on the appropriate form approved by the Chief Judge.

(b) Every warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-9 of the Code of Criminal Procedure and shall issue on the appropriate approved form.

(c) Every summons issued in lieu of a warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-11 of the Code of Criminal Procedure and shall be issued on the appropriate approved form.

(d) Every notice to appear shall conform to the requirements set forth in 725 ILCS 5/107-12 of the Code of Criminal Procedure and should, where practical, be made on the applicable approved form.

(e) Every search warrant shall be supported as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure by a complaint written on the appropriate approved form.

31.02 PROCESSING RETURNS ON BENCH WARRANTS
Traffic and Misdemeanor Charges:

(a) If a defendant is served with a bench warrant and taken into the custody of the Sheriff during regular work hours, and is charged with a traffic or misdemeanor offense only, said defendant shall be brought before the Court as follows:

(1) If the warrant was issued by a judge assigned to the Misdemeanor Division, then the accused shall be brought before the bond court judge as soon as practicable.  The bond court judge shall take any appropriate action and then set the matter on the call of the issuing judge on the next business day. [Code of Criminal Procedure 725 ILCS 5/109-1].

(2) If the warrant was issued by a judge not regularly assigned to the Felony or Misdemeanor Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

(b) If a defendant is served with a bench warrant and is taken into custody of the Sheriff during non-work hours and is charged with a traffic or misdemeanor offense only, said defendant shall be brought before the Court as follows:

(1) If the bench warrant was issued by a judge not regularly assigned to the Misdemeanor Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.

(2) If the bench warrant was issued by a judge regularly assigned to the Misdemeanor Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court day to hear such matters.

If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the case for status on the assigned judge's next motion day or court date set to hear such matters.

Felony Charges:

(a) If a defendant is served with a bench warrant and taken into custody of the Sheriff during regular working hours and charged with at least one felony, said defendant shall be brought before the Court as follows:

(1) If the warrant was issued by a judge regularly assigned to the Felony Division, then the accused shall be brought before the judge who issued the warrant. If the judge who issued the warrant is absent or unable to act, then the accused shall be taken before the judge sitting in Bond Court at the next available time. [Code of Criminal Procedure 725 ILCS 5/109-2(a)].

(2) If the warrant was issued by a judge not regularly assigned to the Felony Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

(b) If a defendant is served with a bench warrant and is taken into custody of the Sheriff during non-work hours, said defendant shall be brought before the Court as follows:

(1) If the bench warrant was issued by a judge not regularly assigned to the Felony Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.

(2) If the bench warrant was issued by a judge regularly assigned to the Felony Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court date set to hear such matters. However, where the bond has been set as "no bond", the defendant shall be held without bail and brought before the judge who issued the warrant or to whom the case is assigned on the next available date, in accordance with 725 ILCS 5/110-3.

If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the case for status on the assigned judge's next motion day or court date set to hear such matters.

31.03 BAIL
(a) If it is deemed necessary to post bail money in accordance with 725 ILCS 5/110-1 et seq. of the Code of Criminal Procedure, an appropriate bail amount shall be indicated on an approved bail bond form setting forth all conditions of the bail bond.

(b) If the arrest was made pursuant to warrant, the amount of bail shall be that set forth on the arrest warrant, unless the Court orders otherwise.

(c) If the arrest was made without warrant and relates to non-felony charges, the bail shall be set in accordance with Supreme Court Rules 526, 527 and 528, unless the accused is brought before a judge and the Court determines a different bail. For purposes of this Rule, the amount of cash bail for a violation of Section 12-603.1 of the Illinois Vehicle Code (625 ILCS 5/12-603.1) shall be as set forth in Supreme Court Rule 526(a).

(d) The highest ranking officer on duty of any law enforcement agency located within the 18th Judicial Circuit may authorize the release, except as provided in Rule 31.03(e), by giving individual bonds in the amount required by law persons charged with:

(1) Traffic offenses as set forth in Supreme Court Rule 526;

(2) Conservation offenses as set forth in Supreme Court Rule 527;

(3) Ordinance offenses, petty offenses, business offenses and certain misdemeanor offenses as set forth in Supreme Court Rule 528;

(4) Persons required to deposit both bail and driver's license under Rule 526(e) may be released on $1,000 cash bail.

(e) The provisions of Rule 31.03(d) shall not apply to cases in which:

(1) The accused is unable or unwilling to establish his or her identity or submit to being fingerprinted as required by law;

(2) Where the accused is charged with an offense punishable by imprisonment and will pose a danger to any person or the community;

(3) Where the accused elects release on separate bail under Rule 503(a)(3) or 503(a)(4).

(f) If the arrested person is under the age of seventeen (17) years, individual bond release shall be ordered by the highest raking officer on duty in accordance with Supreme Court Rule 553.

(g) If the arrested person fails to give bail as provided, the person shall remain in custody upon a written order in accordance with 2-1801 of the Code of Civil Procedure (735 ILCS 5/2-1801), such order may be in the form of a mittimus.

(h) After a preliminary examination at which the Court finds no probable cause:

(1) The Clerk is authorized to refund the bond posted, less statutory fees, to the persons legally entitled thereto; or

(2) The Court may by appropriate order determine the person or persons to whom bond is to be refunded; or

(3) The Court may, with the concurrence of the accused and the accused's attorney, allow the defendant's bond to stand for a reasonable period of time.

31.04 SETTING OF BAIL BOND IN FELONY CASES
All persons charged with a felony who, upon arrest, are not brought before a judge immediately because of the hour of the arrest shall be brought before a bond judge at the earliest time practicable.

31.05 BOND COURT
(a) Bond Court shall be convened as set forth in the Administrative Order of the Chief Judge.

(b) Bond hearings in all traffic, misdemeanor and felony cases, in which bond has not been set previously, shall be conducted in the Bond Court.

(c) At the bond hearing, each CF case along with companion CM and MT or TR cases, shall be randomly assigned to one of the courtrooms designated in the Felony Division, on a pro rata basis.

(d) Where practicable, all cases assigned to a given judge at Bond Court shall be set for preliminary hearing on the motion day of the assigned judge.

(e) Any DT, DV or CM bond status date shall be held in the courtroom to which the case has been assigned.

31.06 (RESERVED)
31.07 (RESERVED)
31.08 ARRAIGNMENT AND PLEA
(a) When all of the following circumstances exist, misdemeanor and traffic cases shall be set for arraignment not less than thirty (30) days from the date of the defendant's arrest:

(1) The case has been assigned to the Misdemeanor Division; and

(2) The defendant has been released on bail.

(b) Arraignment in every type of criminal case other than as provided in (a) above shall be set as ordered by the Court.

(c) The pre-plea report of the Court Services Department shall be prepared in accordance with Rule 32.04.

31.09 ANALYSIS REPORT OF FIELD TESTS
For those charged under the Controlled Substance Act or the Cannabis Control Act, which requires evidence as to the chemical makeup and the quantity of a substance, the following evidence shall be admissible in a preliminary hearing:

(a) The analysis resulting from the conduct of "field tests," when conducted by a witness qualified to conduct such tests;

(b) The weights as determined by a scale used for the purpose of determining the quantity of such substances by the arresting department or law enforcement agency;

(c) Laboratory reports from qualified analyst, if available. If unavailable at the time of the preliminary hearing, a copy of it shall be forwarded to the defendant's attorney, or the defendant if unrepresented, upon receipt by the State's Attorney's Office, without the necessity of a formal discovery motion.

32.01 APPLICABILITY
The provisions of Article 32 shall apply in all cases assigned to the Felony Division as set forth in Rule 1.01(a). Where reasonable, these provisions shall be construed and applied in harmony with the provisions of Article 30 and Article 31. To the extent that the provisions of Article 32 may conflict with those of Articles 30 and 31, the provisions of Article 32 shall be controlling in all cases in the Felony Division.

32.02 PRELIMINARY HEARING
Analysis Report of Field Tests:

For those charged under the Controlled Substance Act or the Cannabis Control Act, which requires evidence as to the chemical makeup and the quantity of a substance, the following evidence shall be admissible in a preliminary hearing:

(a) The analysis resulting from the conduct of "field tests", when conducted by a witness qualified to conduct such tests;

(b) The weights as determined by a scale used for the purpose of determining the quantity of such substances by the arresting department or law enforcement agency;

(c) Laboratory reports from qualified analyst, if available. If unavailable at the time of the preliminary hearing, a copy of it shall be forwarded to the defendant's attorney, or if the defendant is unrepresented, upon receipt by the State's Attorney's Office, without the necessity of a formal discovery motion.

32.03 DISCOVERY
(a) The Court shall enter a reciprocal discovery order in every criminal proceeding wherein the defendant has entered a plea of "not guilty," unless there is an objection. The discovery order shall be entered on the date of the arraignment, unless the Court directs otherwise.

(b) Every discovery order shall comply with Supreme Court Rules 411 et seq. The discovery order shall be substantially in the form set forth in Rule 32.02(c) except as provided by the Supreme Court Rules.

(c) The discovery compliance schedule set by the discovery order shall not exceed fourteen (14) days, except for good cause shown. 

32.04 PRE-PLEA REPORT
(a) The Court may order that a pre-plea report be prepared, but only after obtaining the approval of the State and the defendant to obtain a pre-plea report.

(b) The pre-plea report shall be prepared in accordance with the provisions of Section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2) and as provided in Rule 31.08. It shall not contain a defendant's version of the offense or a recommendation by the Court Services Department.

(c) Upon a plea of guilty, the pre-plea report, with the concurrence of the Court, shall serve as the "pre-sentence report" pursuant to Section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2). If the Court had indicated concurrence with the negotiated plea, and later withdraws concurrence, the defendant may affirm or withdraw the negotiated plea with results indicated in Supreme Court Rule 402.

(d) During the course of preparing the pre-plea report, the probation officer shall avoid discussion with the accused concerning pending charges.

(e) The probation officer shall be available at the Supreme Court Rule 402 conference to answer questions concerning the pre-plea report and shall be at the sentence hearing to answer any questions and to make any recommendations when requested by the Court. 

32.05 PROCEDURE FOR DISCLOSURE AND FILING OF PRE-SENTENCE REPORTS AND PRE- PLEA REPORTS
(a) The Probation Department shall prepare an original and four (4) copies of the pre-plea or pre-sentence report which shall be delivered at least three (3) court days, which includes both the court date and the date of delivery, prior to the sentence hearing, as follows:

(1) The original, in a sealed envelope, to the Clerk of the Circuit Court, marked "Pre-Sentence Report" or "Pre-Plea Report" and indicating the case number and title.

(2) A copy to the sentencing judge.

(3) A copy to the State's Attorney.

(4) A copy to the attorney of record or to the defendant, notice that a copy of the report is available at the Probation Department.

(5) A copy to be retained by the Probation Department.

(b) Nothing in this procedure shall be deemed to limit that disclosure to any department, agency or institution to which the defendant is committed as provided in sub-section B(4) of 730 ILCS 5/5-3-4 or to any other person as ordered by the Court as provided for in sub-section B(7) of 730 ILCS 5/5-3-4.

(c) All copies are to be retained by the party to whom they were tendered. 

32.06 (RESERVED)
32.07 (RESERVED)

33.01 APPLICABILITY
The provisions of Article 33 shall apply in all cases assigned to the Misdemeanor Division as set forth in Rule 1.01(a). Where reasonable, these provisions shall be construed and applied in harmony with the provisions of Article 30, Article 31 and Article 34. To the extent that the provisions of Article 33 may conflict with those of Articles 30 and 31, the provisions of Article 33 shall be controlling in all cases in the Misdemeanor Division. To the extent that the provisions of Article 33 may conflict with those of Article 34, the provisions of Article 34 shall be controlling in all DUI cases.

33.02 (RESERVED)
33.03 (RESERVED)
33.04 TRIAL OR HEARING DATES IN DUI AND MISDEMEANOR COURTS
No DUI, CM, MT or TR or OV case assigned to the Misdemeanor Division shall be set for trial or hearing on any day that the arresting officer is scheduled to appear in the Traffic Division.

34.01 APPLICABILITY
(A) The provisions of Article 34 shall apply in all cases involving the operation of a motor vehicle under the influence of alcohol or other drug (DUI), whether the offense is charged under the Illinois Vehicle Code (625 ILCS 5/11-501 et seq.) or under a similar local ordinance. Where reasonable, these provisions shall be construed and applied in harmony with the provisions of Articles 30, 31, 32, 33, 35 and 36.

34.02 MONITORING
(A) The Department of Probation and Court Services in DuPage County, 503 N. County Farm Road, Wheaton, IL 60187, shall provide supervision services to all offender's placed on Court Supervision or sentenced to Conditional Discharge for the offense of driving under the influence of alcohol/drug and/or any charge of reckless driving that is a reduced charge of a DUI.

(a) Offenders will be required to report as directed by the Department. Minimally, reporting will consist of the following:

(i) The initial contact will include registration with the Department, assignment of date to attend Victim Impact Panel, distribution of Department's Court Authorized list of approved providers, review of the offender's court order, and any other information concerning conditions as ordered by the Court.

(ii) Offender's will be directed to provide documentation of compliance with Court orders upon completion of each Court requirement. This documentation will be reviewed by Department personnel for verification purposes. Upon successful completion of all court ordered requirements, the Department personnel will submit a certificate of completion to Court and waive the defendant's appearance on the final court date.

In the event that the Department determines that a defendant is in violation of the court order and intermediate sanctions are deemed inappropriate, the Department will submit a notice of violation to the State's Attorney's Office and the Court. A Court hearing shall be scheduled and the offender shall be given notice to appear in Court. A violation hearing may be scheduled at any time prior to and including the final court date.

Risk Education/Treatment Compliance Form (PDF)

34.03 DUI EVALUATION REPORTS
http://www.ilga.gov/commission/jcar/admincode/077/07702060sections.html (The General Assembly's Illinois Administrative Code database)

The Circuit Court rules governing DUI evaluations are designed to ensure the Court has complete and accurate information relative to a defendant's risk to public safety and the existence and the extent of any alcohol/drug problems pursuant to Chapter V, Article 4 of the Unified Code of Corrections (730 ILCS 5/5-4-1). The information contained in the evaluation is the basis for decisions regarding sentencing DUI offenders.

(A) The Department of Probation and Court Services will conduct all DUI evaluations for offenders arrested in DuPage County on or after March 1, 2001, unless otherwise directed by the Court.

(B) All personnel of the Department of Probation and Court Services conducting DUI evaluations will meet the qualifications and certification requirements according to Sections 2060.309, .311 and .313 of the Illinois Administrative Code, and Administrative Office of the Illinois Courts.

(C) The Department of Probation and Court Services will meet and maintain the licensing requirements as mandated by Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060.

(D) A DUI evaluation designed to evaluate the offender's risk to public safety will be made available to the Court prior to a request for a judicial driving permit, or disposition in the following cases:

a) Prosecutions for violation of 625 ILCS 5/11-501(a) or a similar provision of local ordinance

b) Prosecution for violations of 625 ILCS 5/11-503 or a similar provision for a local ordinance where the offender was originally arrested or charged with a violation of 625 ILCS 5/11-501(a) or a similar provision of a local ordinance.

c) Prosecutions for any other offense where at the request of any other party or on the motion of the sentencing judge, it is determined that such information should be disclosed.

(E) The DUI evaluation will include a review of the offender's driving history (including a Court Purposes Abstract and supervision history from the Secretary of State), chemical test results (BAC and/or Forensic Lab results),objective test scores and summary, prior criminal history, social history interview, prior alcohol and drug related evaluation and treatment, other corroborative sources of information, and meet the criteria set forth in Section 2060.503 of the Illinois Administrative Code. Additional assessments may be required as determined by the Department of Probation and Court Services.

(F) All DUI evaluations will include the Alcohol/Drug Related Arrest Addendum and assign a specific DUI Risk Classification and recommend an initial intervention that includes a minimum number of hours of care as defined by Section 2060.503 of the Illinois Administrative Code.

Alcohol/Drug Related Arrest Addendum (PDF)

(G) All DUI evaluations will consist of a minimum of one face-to-face individual interview and will be conducted at an office of the Department of Probation and Court Services, the DuPage County Jail or any other location as specified by Court order.

(H) Pursuant to the Illinois Supreme Court Language Access Policy, and offender with limited proficiency in the English language will be offered the opportunity to have a court appointed interpreter present throughout the evaluation process, regardless of court order.

(I) Upon completion of the evaluation, the Department of Probation and Court Services will provide to offenders the Department 's court Authorized list of approved providers.

(J) The original completed DUI evaluation will be distributed to the circuit court of venue, and copies provided for the offender and the defense attorney after the DUI Evaluation fee is paid.

34.04 DUI EVALUATION FEES
Chapter 625 ILCS 5/11-501(a) requires that any person required to undergo a professional evaluation as indicated in 730 ILCS 5/5-4-1 shall bear the cost of the evaluation.

The Probation and Court Services Department of the 18th Judicial Circuit Court is authorized to assess a fee of $225 for each evaluation conducted under this rule. The Department is authorized to charge an additional fee of $50 each time an evaluation is rescheduled because the offender did not appear for the scheduled appointment, or the offender did not provide proper cancellation notice within 24 hours of the scheduled appointment or the offender did not provide verification of a crisis or emergency that prevented proper notice. The Department is authorized to collect the additional $50 fee prior to scheduling another appointment for the offender. The Circuit Court Clerk for the 18th Judicial Circuit shall collect such fee and deposit these moneys in the General Fund of DuPage County.


The Department of Probation and Court Services shall develop guidelines to reduce or fees for indigent persons. Unless a person falls within the Department's indigency guidelines or unless otherwise authorized by the Court, the person shall not receive a copy of the evaluation report until the evaluation fee has been paid to the Circuit Clerk's Office.

34.05 DUI TREATMENT SERVICES

(A) All providers appearing on the Department's Court Authorized service provider list shall file a Provider Profile and Consent with the Department of Probation and Court Services. Providers shall notify the Department of Probation and Court Services in writing in the event of a change of employee's status, provider, subcontractor or support staff, added or terminated, within ten (10) days of such change.

(B) All staff providing direct service will meet graduate level academic standards and/or have specialized training related to cultural issues as acceptable to the court. These degrees will include but not be limited to licensed clinical social worker (LCSW), licensed social worker (LSW), licensed clinical professional counselor (LCPC), licensed professional counselor (LPC) and/or certified alcohol and drug counselor (CADC).

(C) There will be provisions made by the service provider to accept up to twenty percent (20%) indigent population as referrals in order to appropriately service the DUI offender population.

(D) Treatment providers on the Department's Court Authorized service provider list shall make reasonable efforts to collect fees from the offender prior to completion of services, however, if said fee is not collected by the completion of services, the providers shall not withhold verification of completion from the DuPage County Circuit Court or the Department of Probation and Court Services.

(E) All providers appearing on the Department's Court Authorized service provider list shall file a statement of intent to comply with this rule annually on or before December 31 for the ensuing year. The statement must express the Provider's intention to comply with the provisions of  Title 77, Illinois Administrative Code, Chapter X, Subchapter (d), Part 2060 and the 18th Judicial Circuit Court Rules Article 34. The statements shall be filed with the Department of Probation and Court Services. Failure to file a statement of compliance will result in the provider's removal from the Court Authorized service provider list.

(F) Failure to agree to abide by Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060 and/or the 18th Judicial Circuit Court Rules shall form a basis to deny approved provider status or result in the termination of approved provider status.

(G) In the event a provider is denied approval or removed from the Department's Court Authorized service provider list, that provider may request, in writing, a reconsideration. A provider denied approval or removed from the approval list may petition for approval after a six (6) month period of time.

(H) The Court shall recognize SUPR Licensed Service Providers as being eligible to provide services to DUI offenders. If the DUI offender is sentenced to Probation or to reporting Court Supervision an agency from the Department's Court Authorized service provider list must be selected for DUI services.

(I) DHS Licensed Service Providers who are not on the Department's Court Authorized service provider list (e.g., out-of-state offenders), may provider services only upon the approval of the Court and entry of Court Order.

(J) The Service Provider shall give the Department of Probation and Court Services, 503 N. County Farm Road, Wheaton IL 60187, the designated supervising agency, written notice within five (5) calendar days of any change to the Level of care, or any further services necessary to reduce the offender's risk to public safety as defined by Section 2060.401 of the Illinois Administrative Code.

Minimal Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Minimal Risk Education Course for those DUI offenders and other misdemeanants referred by the Court to the Department of Probation and Court Services, DuPage County , wherein the nature of the charge, the conduct of the offender or a factor to be considered in sentencing is alcohol or drug related.

According to Section 2060.503 of the Illinois Administrative Code, the Minimal Risk offender has:

No prior convictions or court-ordered supervision for DUI, no prior statutory summary suspensions, and no prior reckless driving convictions reduced from DUI, AND
a BAC of less than .15 as a result of the most current arrest for DUI, AND
no other symptoms of Substance Use Disorder.
The Minimal Risk program requires the successful completion of a minimum of 10 hours of DUI risk education as defined in Section 2060.505 of the Illinois Administrative Code.

Moderate Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part 2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Moderate Risk program including Early Intervention for those DUI offenders and other misdemeanants referred by the Court to the Department of Probation and Court Services, DuPage county, wherein the nature of the charge, the conduct of the offender or a factor to be considered in sentencing is alcohol or drug related.

According to Section 2060.503 of the Illinois Administrative Code, the Moderate Risk offender has:

no prior convictions or court-ordered supervision for DUI, no prior statutory summary suspensions, and no prior reckless driving conviction reduced from DUI, AND
A BAC of .15 to .19 OR a refusal of chemical testing as a result of the most current DUI arrest, AND/OR
at most, one symptom of a Substance Use Disorder.
The Moderate Risk program requires the successful completion of a minimum of 10 hours of DUI risk education as defined in Section 2060.505 of the Illinois Administrative Code; a minimum of 12 hours of early intervention as defined in Section 2060.401(a) of the Illinois Administrative Code provided over a minimum of four weeks with no more than three hours per day in any seven consecutive days; subsequent completion of any and all necessary treatment; and after discharge, active in ongoing participation in all activities specified in the ASAM Patient Placement Criteria and shall be conducted by an organization meeting the requirements specified in Section 2060.401 of the Illinois Administrative Code.

The Moderate Risk program shall be designed to address the client's specific needs based upon the nature and extent of his/her substance use; his/her physical, emotional and/or social dysfunction arising from said substance use; the probability of his/her continuing such use and his/her potential for repetition of the sanctioned conduct, having due consideration for his/her strengths and weaknesses.


Significant Risk - Program Services

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part.2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence Significant Risk program,
including counseling, individual or group, for those DUI offenders and other misdemeanant referred by the Court to the Department of Probation and Court Services, DuPage County, wherein the nature of the charge, the conduct of the DUI offender or a factor to be considered in
sentencing is alcohol or drug related. According to Section 2060.503 of the Illinois Administrative Code, the Significant Risk offender
has:

one prior conviction or court-ordered supervision for DUI, or one prior statutory summary suspension, or one prior reckless driving conviction reduced from DUI, AND/OR
a BAC of .20 or higher as a result of the most current arrest for DUI, AND/OR
2-3 symptoms of a Substance Use Disorder
The Significant Risk program requires the successful completion of a minimum of 10 hours of DUI risk education as defined in Section 2060.505 of the Illinois Administrative Code; a minimum of 20 hours of substance abuse treatment; and, upon completion of any and all necessary treatment, and after discharge, active on-going participation in all activities specific in the continuing care plan. This treatment shall be as specified in the ASAM Patient Placement Criteria and shall be conducted by an organization meeting the requirements specified in Section 2060.401of the Illinois Administrative Code.

The above-prescribed treatment sessions shall be designed to address and treat the individual' specific needs based upon the nature and extent of his/her substance use disorder; his/her physical, emotional and/or social dysfunction arising from said substance use disorder; the probability of his/her continuing such use, and his/her repetition of the sanctioned conduct having due regard and consideration for his/her strengths and weaknesses.

High Risk - Program Services:

DUI Service Providers shall provide and conduct, pursuant to Title 77, Illinois Administrative Code, Chapter X, Subchapters (a-e), Part2060, and the Rules of the 18th Judicial Circuit Court, DuPage County, Illinois, a comprehensive driving under the influence High Risk program including counseling, individual or group, for those DUI offenders and other misdemeanant wherein the nature of the charge, the conduct of the offender or a factor to be considered in sentencing is alcohol or drug related.

According to Section 2060.503 of the Illinois Administrative Code, the High-Risk offender has:

four or more symptoms of a Substance Use Disorder (regardless of driving record), AND/OR
within the ten-year period prior to the date of the most current (3'd or subsequent) DUI arrest, any combination of two prior convictions or court ordered supervisions for DUI or prior statutory summary suspensions or prior reckless driving convictions reduced fro DUI, resulting from separate incidents.
The High-Risk program requires the successful completion of a minimum of 75 hours substance abuse treatment; and upon completion of any and all necessary treatment, and, after discharge, active on-going participation in all activities specified in the continuing care plan, subsequent step-down in Level of Care as deemed appropriate by the treatment provider. This treatment shall be as specified in the ASAM Patient Placement Criteria and shall be conducted by an organization meeting the requirements specified in Section 2060.401of the Illinois Administrative Code.

The above-prescribed treatment sessions shall be designed to address and treat that specific offender's needs based upon the nature and extent of his/her substance use disorder; his/her physical, emotional and/or social dysfunction arising from said substance use disorder; the probability of his/her continuing such use, and his/her potential for repetition of the sanctioned conduct, having due consideration for his/her strengths and weaknesses.


34.06 JUDICIAL DRIVING PERMIT - REVOKED (eff. 7/13/11)
34.07 ARRAIGNMENT
(A) The arraignment dates for DUI cases shall be set by the arresting law enforcement agency. The arraignment date shall not be less than twenty-six (26) days nor more than forty-two (42) days from the date of arrest, where practical. The police officer setting the arraignment date shall take into consideration the following information:

   (1) The arresting officer's regular traffic court date;

   (2) Any scheduled vacation of the arresting officer;

   (3) Any scheduled training of the arresting officer; and

   (4) Any Court holiday.

(B) If any return date would fall on an official Court holiday, the police officer shall set the next working court date for the arraignment.

(C) The arresting officer shall be available in the courtroom on the date set for arraignment. Failure of the officer to appear pursuant to Rule 34.07 shall be considered by the Court to be the same as the failure of the complaining witness to appear in criminal proceeding and may be cause for dismissal.

35.01 APPLICABILITY
The provisions of Article 35 shall apply to all matters assigned to the Traffic Division, whether based upon an alleged violation of the Criminal Code, the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), or on a municipal ordinance, unless and until the case is transferred to another division. The provisions of Article 35 shall, to the extent practicable, be so construed and applied to be consistent with the provisions of Article 30 and Article 36.

35.02 JURY DEMANDS
(a) Upon a jury demand being made in the Traffic Court Division, the judge shall transfer the case, using the pink Transfer and Reassignment Order, AD 194 - Code 4550 "Special Transfer from Traffic Division for Jury Trial," at 9:00 a.m. on a date not less than fourteen (14) days, but no more than thirty (30) days later, whenever practicable for the setting of a jury trial date, as follows:

Glendale Heights Field Court and Courtroom 1001 to Courtroom 4005
Courtroom 1003 to Courtroom 4001
Courtroom 1002 to Courtroom 4003
(b) No pleas or bench trials will be heard in the Misdemeanor Division on these cases. Where there is a subsequent waiver of a jury demand, all pleas or bench trials on a jury demand case transferred from the Traffic Division must be returned and heard in the Traffic Division court before the judge from whom the case was transferred.

(c) A jury demand shall not operate as a demand for speedy trial, for purposes of Section 103-5 of the Code of Criminal Procedure (725 ILCS 5/103-5); any demand for a speedy trial must be made specifically, in accordance with Rule 30.06.

(d) Should a case in which a jury demand is made be of a type which requires the payment of a jury fee, said fee must be paid prior to or contemporaneously with said jury demand. Failure to pay said jury fee (unless same is waived by the proper presentation of a petition to proceed as an indigent) shall render ineffective the jury demand.

(e) Any case prosecuted entirely, or in part, by a municipal prosecutor shall be transferred, upon request, into the appropriate DUI Courtroom (4002, 4015, or 4017) on a day when that municipal prosecutor regularly appears. (added eff. July 09, 2014)

35.03 (RESERVED)
35.04 PARKING TICKETS
(a) Arrest warrants for parking violators will not be issued unless the authority requesting said arrest warrant has:

(1) Notified the alleged violator by U.S. mail of the violation and the amount of money that will be accepted by U.S. mail or in person to satisfy the violation; and

(2) Received no reply or payment from the violator pursuant to the notice above; and

(3) Served upon the alleged violator a summons to appear in court on a specific date and time by any method provided by Supreme Court Rule 105(b)(1) and (2) (not chaptered in ILCS) [Chapter 110A, Section 105(b)(1) and (2)];

and the alleged violator has failed to appear on the specified date and time.

(b) A pre-judgment warrant issued shall indicate a $50.00 cash bond and shall specify court date and time. A post-judgment warrant may indicate a bond in the full amount of the post-judgment. If the warrant issued is for three (3) or more parking tickets, the bond may be in excess of $50.00 but never to exceed $500.00.

(c) If upon arrest the alleged violator cannot post the cash bond, the alleged violator shall be allowed to execute an individual bond in the full amount stated on the warrant.

35.05 APPOINTMENT OF PUBLIC DEFENDER
Whenever, in an appropriate case, it appears to the judge that, based upon request of the defendant or upon the Court's own inquiry, a defendant is indigent and desires counsel, the Court shall follow the procedures detailed in Section 35.02, and shall note upon the court file that the case is transferred to the Misdemeanor Division for appointment of a public defender and jury trial.

35.06 TRIAL OR HEARING DATES IN TRAFFIC DIVISION
(a) Before a trial date is set in a Traffic Division court for a CM case, or cases companion to a CM case, the Court shall determine whether the case will be a jury or bench trial.

(b) All hearing or trial dates set in Traffic Division courts, including those set for hearing under paragraph (e), shall be on the arresting officer's assigned court dates as designated on that officer's department's traffic court data sheets. The arresting officer in a traffic or ordinance case shall appear ready for trial on the first court date set, as provided in Supreme Court Rule 504.

(c) Except as provided in paragraph (d), the trial provisions of Supreme Court Rule 505 shall be inapplicable in the Circuit Court for the 18th Judicial Circuit, inasmuch as the ticket-writing agencies in DuPage County were exempted from the requirements of Supreme Court Rule 505 by unanimous vote of the Conference of Chief Circuit Judges on November 18, 1977.

(d) Paragraphs (b) and (c) shall not apply to cases in which the arresting officer was a trooper of the Department of State Police, unless the defendant has complied with Supreme Court Rule 505.

(e) Setting trial or hearing dates in the Traffic Division:

(1) Electronic citations immediately issue a court date, denoted on the printed ticket. When a hand-written citation is issued, the police officer shall not issue a court date at the time of arrest. At the time of arrest, the officer shall affix to the defendant's copy of the ticket a preprinted sticker and indicate thereon whether the defendant may pay a fine by mail or must appear in court. For hand-written citations, the officer will advise the defendant that the defendant will receive a notice from the Clerk of Court advising the defendant of the officer's court date. For electronic citations, the officer will advise the defendant no court date notice will be sent, since the court date is printed on the citation. The Clerk of Court shall supply sufficient quantities of the aforesaid preprinted stickers to each police department. If the officer indicates on the ticket that the defendant may pay a fine by mail, the police officer shall also inform the defendant that the defendant has fifteen (15) days in which to pay the statutory penalty, either by mail or in person. This shall be accomplished by providing the defendant with an envelope with complete instructions imprinted. If the defendant fails to satisfy the ticket within the prescribed period, it shall be assumed that the defendant wishes to appear in court and for hand-written citations, the next available court date for the particular shall be assigned by the Clerk from the predetermined schedule. A given number of cases shall be scheduled for each session, and when that session is full, the next session date will be used, and so on. When these are scheduled, notice shall be sent to the defendant and the officer of the date, time and location of the trial so that the trial can proceed on the assigned date.

(2) Serious traffic violations, those which require an appearance under Supreme Court Rule 551, shall be handled in the same manner described above (35.06e.(1)), except the defendant shall not be given the option to pay. For hand-written citations, the arraignment date shall be assigned by the Clerk immediately upon receipt, and notices sent.

35.07 CONTINUANCES
A request for a continuance may be requested by the defendant either in person at the Clerk's Office or by letter directed to the Clerk's Office for a case scheduled in traffic court if the following conditions are met:

(a) The matter is scheduled for its first court date;

(b) If in person, the request is made at least four (4) court days before the matter is set for hearing;

(c) If the request is by mail, it must be received by the Clerk's Office at least four (4) court days before the hearing date; and

(d) If made by an attorney, the attorney's appearance is tendered at the time of the request.

35.08 VACATING JUDGMENTS IN THE TRAFFIC DIVISION
When vacating an earlier judgment in the Traffic Division, the Traffic Division judge shall state the legal basis in a written order.

35.09 SPECIAL MOTIONS
Special motions, which shall include, but are not limited to, emergency motions, motions to transfer cases, special settings for plea of guilty, may be brought before the Presiding Judge of the Division upon proper notice or agreement of the parties, except that an inter-division transfer for the purpose of proffering a plea agreement and the disposition of all cases shall be brought before the Presiding Judge pursuant to Rule 30.03(d)

36.01 APPLICABILITY
The provisions of Article 36 shall apply in all cases, whether civil, quasi-criminal or criminal in nature, in which court costs are assessed or a fine or penalty of any kind is imposed.

36.02 JUDGMENT AND SENTENCE
After the jury or the Court finds a defendant guilty of any criminal or quasi-criminal offense, the Court shall enter a written order disposing of the case in accordance with the Unified Code of Corrections (730 ILCS 5/5-1-1 et seq.).

36.03 PAYMENT OF FINES AND COSTS
(a) For the Courts other than Bond Court or the Traffic Division Courts: All persons who are assessed fines or costs in a criminal case, or who are required to post additional bond money, shall be escorted to the Office of the Clerk of the Circuit Court by the bailiff assigned to the courtroom in which the order was entered for the purpose of payment. No deputy clerk or other person shall accept payment at any location other than the Office of the Circuit Clerk.

(b) In Bond Court and Traffic Division Courts: All persons who are required to post bond in the Bond Court, or who are assessed fines or costs in a case in a Traffic Division court, or who are required to post additional bond money in a Traffic Division court, shall make such payment to the Deputy Clerk assigned to that court.

(c) In accordance with applicable law [725 ILCS 5/110-7(h)], bond shall be applied upon conviction to satisfy, in whole or in part, any fine or court costs.

36.04 EXTENDING TIME TO PAY FINES AND COSTS
(a) If a defendant, who has been ordered to satisfy certain fines and costs, subsequently appears at the Clerk's Office for the purpose of satisfying said fines and costs, the Clerk or the Clerk's designate shall have authority to extend for a period of time not to exceed ten (10) days the time in which payment may be made.

(b) The Clerk of the Court, or the Clerk's designate, may at their discretion accept partial satisfaction of the assessed fine or costs and extend satisfaction of the remainder of the assessment for the prescribed ten (10) day period.

(c) In the event that the Clerk of the Court or the Clerk's designate extend the satisfaction of assessment, the Clerk or the Clerk's designate shall, at the time the satisfaction period is extended, deliver to the defendant a written receipt for any funds received from the defendant which are to be applied to fines and costs.

(d) Further, the Clerk of Court or the Clerk's designate shall, after accepting partial satisfaction, inform the defendant in writing as to the balance of any fines or costs due and the date by which said balance is due.

(e) In instances where the defendant has failed to satisfy the assessment within the ten (10) day period, the Clerk shall immediately deliver to the sentencing judge the defendant's case file and inform the Court of the defendant's failure to satisfy the order within the aforementioned timeframe.

36.05 PRE-SENTENCE REPORTS
(a) Purpose: For defendants who have pleaded guilty or been found guilty of a felony or misdemeanor, the pre-sentence report provides the Court with appropriate background information concerning the defendant which will assist the Court in the sentencing of the defendant. A pre-sentence report shall be made in every felony case unless waived as provided by law (730 ILCS 5/5-3-1), and in other cases as ordered by the Court.

(b) Requests for pre-sentence reports shall be made in writing.

(c) In addition to any statutory requirements (730 ILCS 5/5-3-2), the pre-sentence report shall include:

1. A report face sheet of basic case information;
2. The official version of the offense(s) involved in the case;
3. Any record of prior offenses;
4. Family history;
5. Residential history;
6. Educational background;
7. Religion (optional);
8. Interests and activities;
9. Health and health history;
10. Employment history;
11. Military history;
12. Financial resources;
13. Impressions and summary;
14. Recommendations if requested by the Court;
15. Status or disposition of co-defendants.

(d) Disclosure and filing of the reports shall be in compliance with Rule 32.05.

(e) The Probation Officers shall be present at the sentencing hearing to answer questions when requested by the Court.

36.06 PROBATION
(a) When the Court imposes a sentence of probation under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the Court shall set forth on a pre-printed approved Probation Certificate form the terms and conditions of the probation.

(b) When the Court imposes probation under the Cannabis Control Act (720 ILCS 550/10), or under the Illinois Controlled Substances Act (720 ILCS 570/410), the Court shall set forth on a pre-printed Probation Order the terms and conditions of the probation.

(c) When the Probation Certificate permits the defendant to leave the state, the Senior Supervisor of Adult Division or the Senior Supervisor of Adult Division's designee may authorize up to thirty (30) days of out-of-state travel. All authorizations shall be in writing. The Senior Supervisor of Adult Division shall maintain a log of approved absences, setting forth the case number, name of the person on probation, date of departure, destination, purpose of travel and date of return.

(d) If the Court does not indicate its consent as provided in Rule 36.06(c), each request by a probationer to leave the state shall be presented to the Court for individual consent.

36.07 CONDITIONAL DISCHARGE PROCEDURES
(a) When the Court enters a sentence of Conditional Discharge under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the order shall be completed and signed by the judge and defendant.

The original order and three (3) copies shall be distributed as follows:

1. Original to the Clerk for filing in the court file;
2. One copy to the defendant; and
3. One copy to the State's Attorney.

(b) If during the period of Conditional Discharge the defendant commits a technical violation as defined in Rule 36.10, defendant shall be eligible for the Administrative Sanctions Program. If defendant elects not to participate in the Program, the office of the State's Attorney may petition for the revocation of the defendant's Conditional Discharge. A hearing with all parties present shall be held on any such petition in accordance with Rule 36.10.

(c) In those situations where the defendant in a traffic case has been sentenced to periodic imprisonment and/or Conditional Discharge, and a violation occurs, the jail will notify the Misdemeanor/Traffic Division of the State's Attorneys' Office who then may petition the Court for the revocation of the defendant's periodic imprisonment and/or Conditional Discharge. Hearing on the PTR will be at 8:30 a.m. in the House Court location paired to the Field Court location:

AD (Addison) PTR's will be heard in Courtroom 4001
GL (Glendale Heights) PTR's will be heard in Courtroom 4003
DG (Downers Grove) PTR's will be heard in Courtroom 4005
WH (Wheaton) PTR's will be heard in Courtroom 4007

36.08 COURT SUPERVISION
(a) When the Court enters an order of supervision as defined in the Code of Criminal Procedure (730 ILCS 5/5-1-21), the Court shall enter an order setting forth the terms, conditions and reporting requirements of the supervision. The order of supervision and three (3) copies shall be distributed as follows:

(1) Original to the Clerk for filing in the court file;

(2) One copy to the defendant;

(3) One copy to the State's Attorney or municipal prosecutor; and

(4) One copy, where appropriate, to the Department of Probation and Court Services or to the Psychological Services Division.

(b) Rule 36.08(a) shall not apply to cases in the Traffic Division.

(c) In the event of a technical violation as defined in Rule 36.10, defendant shall be eligible for the Administrative Sanctions Program.

36.09 PERIODIC IMPRISONMENT
(a) When the Court imposes a sentence of periodic imprisonment, under the Code of Criminal Procedure (730 ILCS 5/5-7-1 et seq.), or orders periodic imprisonment as a term or condition of another type of disposition, the Court shall enter an order setting forth the terms and conditions of periodic imprisonment. The original order and four (4) copies shall be distributed as provided by administrative orders of this Court.

(b) This Court shall establish by administrative order, rules and regulations for the administration of the periodic imprisonment program. A copy of the Rules and Regulations shall be filed in every case in which a Petition to Revoke Periodic Imprisonment is filed in accordance with Rule 36.10. The Rules and Regulations shall be signed by the offender. The original Rules and Regulations and four (4) copies shall be distributed as set forth in the administrative order.

(c) The periodic imprisonment program shall comply fully with the Illinois County Jail Standards [20 Ill. Admin. Code, Ch. I, Subchapter f, Part 701 (1985)].

(d) The Sheriff shall have reasonable discretion to schedule release times, except as provided in Rule 36.09(e), and unless specifically ordered otherwise by the sentencing judge, to permit the prisoner to:

1. Seek employment;
2. Work, including reasonable overtime;
3. Conduct a business or other self-employed occupation, including housekeeping;
4. Attend to family needs, including household responsibilities;
5. Attend an educational institution, including vocational education;
6. Obtain medical or psych Perform work duties at a county, municipal or regional correctional or detention institution or facility;
7. Report to or visit with a probation officer;
8. Participate in the Sheriff's Work Alternative Program or the Young Adult Workcamp Program; or
9. Fulfill any other purpose enunciated in the sentencing order.

(e) The total release time approved by the Sheriff shall not exceed one-third of the inmate's periodic imprisonment sentence. This release time is not connected in any way with the statutory good time or good behavior allowances referred to in the Unified Code of Corrections [730 ILCS 5/5-7-1(d)] or the County Jail Good Behavior Allowance Act (730 ILCS 130/3).

(f) The terms of Periodic Imprisonment shall include the requirement that the gainfully employed offender pay a weekly sum for room and board. Unless otherwise ordered by the Court, this fee for room and board shall be fifteen dollars ($15.00) per day or 50% of the offender's rate of daily earning, whichever is less [730 ILCS 5/5-7-6(a)] [Ill. Rev. Stat., Ch. 38, Section 1005-7-6(a)]. For purposes of Rule 36.09, 50% of daily earnings shall be calculated by dividing by seven (7) the offender's net weekly earnings, regardless of the number of days actually worked in a given week, and multiplying the resultant quotient by 50%.

36.10 ENFORCEMENT OF PROBATION
(a) The following definitions and abbreviations shall apply to proceedings pursuant to this Rule:

1. Probation Offense: The offense for which a person is sentenced to probation.
2. PTM: Petition to Modify.
3. BITER: Petition to Revoke.
4. PVN: Probation Violation Notice.
5. Special Report: Any communication to the Court by a probation officer except a PVN or Follow-up Form.
6. Violation Offense: An offense committed while on probation in violation of the rules of probation.
7. Program: The Administrative Sanctions Program of the 18th Judicial Circuit, adopted pursuant to 730 ILCS 5/5-6-1.

(b) Policy of Court:

(1) It is the policy of this Court that every sentence order of judgment entered be enforced. This includes full compliance with each and every term and condition of probation. Strict compliance is expected. The provisions of Rule 36.10 shall apply in every case in which there is reason to believe an offender has violated or failed to comply with one or more of the terms or conditions of the offender's probation. Technical violations of probation shall be addressed through the Program. Nothing herein should be construed to prevent the discharge of a probationer by the Court upon substantial compliance with probation or for other good cause shown.

(2) Violations shall be classified as follows:

(i) Felony.
(ii) Misdemeanor.
(iii) Traffic: Any violation of the Vehicle Code of this or any other state and any comparable municipal ordinance.
(iv) Technical Violation: Violation of the court order, which does not constitute a violation of any state statute, federal code or local ordinance.

(3) Any violation or combination of violations of an offender which fall under more than one classification shall be governed by the procedures for processing the more serious of the violations.

(4) When any felony, misdemeanor or traffic violation requiring court action comes to the attention of the probation officer, the substance of the violation shall be reduced to writing and submitted to the sentencing judge, or any judge sitting in the sentencing judge's stead, the State's Attorney and the defendant in accord with such procedures as may from time to time be provided by administrative order of the Chief Judge.

When any technical violation comes to the attention of the probation officer, the defendant shall be given the option to enter the Program. If the defendant elects not to enter the Program, the probation officer shall follow the above procedures for a PTM or PTR.

(5) At the time of any court appearance pursuant to Rule 36.10, if a previously unreported violation has occurred, if there is a change in status or if there are any matters to which the Court's attention should be drawn, the probation officer shall provide notice of same to the Court, attorneys and the defendant. Oral reports may be made if there has been insufficient time to prepare a written report.

(c) Miscellaneous:

(1) (Rule requires supervisor approval for the PVN - Repealed 1/23/97)

(2) A PVN shall issue:

Upon any subsequent violation after adjudication on a PTR where justified by the severity or frequency of the violation unless ordered otherwise by the Court. The probationer has violated any condition of probation and appears to be a danger to others.

The probationer has fled or has violated any condition of probation and is about to flee the jurisdiction of the Court.

The probationer is involved in a multiple violation of probation indicating a total disregard for his or her probation.

(3) At any time a probationer is otherwise required to appear before the Court, the conditions of probation should be reviewed for possible modification by the Court in order to conform the conditions of probation with current practice, eliminate conditions upon which there has been compliance and otherwise update the conditions. If modification appears to be appropriate, a written special report should be submitted to the Court with copies to the State and the probationer.

36.11 PROBATION AND COURT SERVICES RECORDS
(a) A Court Order or Grand Jury subpoena is Required to Divulge the Contents of the Case Records of the Department of Probation and Court Services: The Department of Probation and Court Services must strictly comply with the following paragraph of the Probation and Probation Officers Act.

The duties of probation officers shall be:

(4) To preserve complete and accurate records …, which records shall be open to inspection by any judge or by any probation officer pursuant to order of court, but shall not be a public record, and its contents shall not be divulged otherwise than as above provided, except upon court order. [730 ILCS 110/12, par. (4)]

(b) Exceptions to the Probation and Probation Officers Act: The Department of Probation and Court Services shall divulge the contents of its records in the following circumstances, without court order:

(1) Violations of Probation, Conditional Discharge or other Orders of the Court: The Department of Probation and Court Services is authorized to divulge the contents of its records that support an allegation of a violation of a court order to the Office of the State's Attorney for the exclusive purpose of proving the violation.

(2) Fulfillment of Specific Conditions of Court Orders: The Department may divulge the contents of its records to anyone authorized by the Department to be involved in the fulfillment of the conditions of a court order.

(3) Duty to Warn: The Department of Probation and Court Services is required to divulge the contents of its record when there is a "duty to warn". The duty is established when an individual makes a "specific" threat to harm or kill a "specific" identifiable victim.

(4) Mandated Reporter Requirements: The Department may share contents of its records with the DCFS hotline when there is … "reasonable cause to believe a child known to them in their professional or official capacity may be an abused child or a neglected child." [325 ILCS 5/4]

(5) Sharing Information with Other Appropriate Authorities About Criminal Conduct: The Department may share the contents of its records with appropriate authorities when the Department has reliable information of criminal conduct.

(6) Sharing Information with Police Departments: The Department can share demographic information about juvenile offenders and court results with three different police agencies: 1) the arresting department; 2) the department where the minor lives, and if applicable; 3) the school police liaison officer or the police department where the offender attends school.

(c) Sharing Information with Law Enforcement that does not Conflict with the Law: The Department of Probation and Court Services may divulge records with law enforcement if:

The information is already of public record.
The information is based on visual public observation of the probation officer and court service personnel.
(d) The Department of Probation and Court Services and its employees are required to seek the guidance and direction from the Court on any matters of uncertainty regarding this policy.

37.01 POST-CONVICTION PETITIONS
(a) Post-conviction petitions (725 ILCS 5/122-1 et seq.) shall be heard by the trial judge. If the judge who presided over the trial no longer is assigned to the Felony or Misdemeanor Division, the case shall be transferred to the Presiding Judge of the appropriate division, who will reassign the case in accordance with established rules.

(b) The judge assigned to hear the petition shall rule on any request for a report of proceedings.

37.02 APPEALS OF CRIMINAL CASES
(a) Notices of appeal should be made on an approved form provided by the Clerk.

(b) Appeal bonds, where appropriate, shall be entered on an approved form provided by the Clerk.

(c) Appeals by indigent defendants:

(1) Filed in Court: When an indigent defendant files a Notice of Appeal in court on the date of sentencing, the Clerk of the Court shall immediately deliver a copy of said Notice to the Administrator of Court Reporters so that preparation of the transcript may commence.

Immediately upon the appointment of counsel (Appellate Defender or otherwise), by law (IL S.Ct.R. 607), a copy of the court order making said appointment shall be forwarded to the Administrator of Court Reporters by the Clerk of the Court.

(2) Filed with Clerk of the Court: When an indigent defendant files a Notice of Appeal with the Clerk of the Court directly, outside the presence of the Court, the Clerk of the Court shall forward a copy of said Notice to the Administrator of Court Reporters.

The Clerk shall also, upon the filing, forward a copy of the Notice to the judge to whom the case is assigned so that counsel may be appointed as soon as possible. Upon the appointment of counsel, the Clerk shall supply a copy of the order making said appointment to the Administrator of Court Reporters instanter so that preparation of the Report of Proceedings may commence.

(a) The 18th Judicial Circuit Court has been approved by the Illinois Supreme Court to permit extended media coverage on an experimental basis in accordance with the provisions contained in Illinois Supreme Court Order M.R. 2634 and the Policy for Extended Media Coverage in Circuit Courts of Illinois.  Such extended media coverage shall only be allowed in cases in which the assigned judge, in his or her sole discretion, authorizes such coverage. The extended media coverage may be terminated at any time in the sole discretion of the assigned judge. Pursuant to the above Supreme Court Order, the judge’s decision is not appealable. 

(b)  These local rules shall be construed so as not to conflict with the Illinois Supreme Court Policy for Extended Media Coverage in Circuit Courts of Illinois.  It remains requisite for the news media organizations to be familiar with the rules regarding the general use of cellular phones and other electronic devices within the courtrooms and outside of the courtroom, but still within the confines of the courthouse. 

(c)  Media Coordinator and Court Media Liaison 

     1.  A representative or representative acting on behalf of all news media organizations shall be selected to organize and submit requests for extended media coverage and administer all aspects of extended media coverage for the news media.  The media coordinator shall be selected by and among representatives of the news media and shall be approved by the Chief Judge.  The Chief Judge may at his or her discretion appoint a media coordinator in the event the various news media cannot agree on a media coordinator. 

     2.  The Court Administrator, or his or her designee, shall serve as the court media liaison.  The court media liaison shall work with the media coordinator on all matters pertaining to extended media coverage. 

(d)  Requests, Objections and Orders 

     1.  Requests for extended media coverage shall be filed in the Office of the Circuit Clerk of the 18th Judicial Circuit under the case number of the case for which extended media coverage is requested.  All subsequent requests or objections shall be filed in the same manner. The Clerk of the Court may coordinate with the designated media coordinator for an electronic filing of the request by means of e-mail or facsimile.  The form of a request for extended media coverage shall be as prescribed in “Appendix 1”.  

     2.  Notice of Requests.  The Clerk of the Circuit Court shall provide written notice of all filed requests for extended media coverage to all counsel of record, parties appearing without counsel, and the court media liaison.  The media coordinator shall provide a copy of all filed requests for extended media coverage to the court media liaison.  Upon receipt of a request for extended media coverage, the court media liaison shall inform the judge to whom the subject case is assigned and the Chief Judge.  The Clerk of the Court shall schedule the matter before the court as soon as practical. 

(e)  Objections by Parties shall be filed in the Office of the Circuit Clerk of the 18th Judicial Circuit.  The form of a party’s objection to extended media coverage shall be as prescribed in “Appendix 2”. 

(f)  Objections by Witnesses shall be filed in the Office of the Circuit Clerk of the 18th Judicial Circuit.  The form of a witness’s objection to extended media coverage shall be as prescribed in “Appendix 3”. 

(g)  The Office of the Clerk of the Circuit Court shall provide written notice of all filed objections to extended media coverage to all counsel of record, parties appearing without counsel, the media coordinator and the court media liaison.  Upon receipt of an objection to extended media coverage, the court media liaison shall inform the judge to whom the case is assigned and the Chief Judge. 

(h)  The assigned judge shall enter a written order on all requests for extended media coverage specifying the scope of coverage, if any, permitted.  An order for extended media coverage shall be effective for only the proceedings specified in the written order.  The form of an order for extended media coverage shall be as prescribed in “Appendix 4”. 

(i)  Calendar days shall be used for the purpose of calculating the time frames for the filing of requests and objections contained in the Policy for Extended Media Coverage in the Circuit Court of Illinois. 

(j)  Equipment and Courtroom Conduct 

     1.  Parabolic or other highly sensitive long range microphones are prohibited. 

     2.  The court media liaison or designee will direct the news media to their assigned locations.  Still photographers and videographers must stay seated unless they are positioned beyond the last row of spectator’s seats. 

     3.  In the courtroom, members of the news media shall: 

         a.  Refrain from making comments in the courtroom during court proceedings; 

         b.  Refrain from commenting to or within the hearing of the jury or any member thereof at any time before the jury is dismissed. 

         c.  Refrain from conducting interviews in the courtroom; and 

         d.  Comply with the orders and directives of the court. 

     4.  Focusing on and photographing materials on counsel tables, materials on evidence carts, or materials that have not yet been presented as evidence is prohibited. 

(k)  General Provisions 

     1.  The judge may order the news media to install any manner of temporary courtroom alterations including, but not limited to, a screen or divider to conceal the jury from the view of recording equipment.  No permanent installation of any audio or visual recording equipment shall be made nor shall any court facility be altered, unless approved in advance by the Chief Judge.  All expenses for permanent or temporary installations shall be borne by the news media. 

     2.  If permission for extended media coverage is granted, all non-testimonial hearings shall be in the courtroom to which the case is assigned.  Any testimonial hearing or trial shall be heard in courtroom 4000. 

     3.  Permission for extended media coverage shall not be sub-contracted or assigned. 

     4.  These guidelines shall not preclude coverage of a judicial proceeding by other members of the news media who have not been granted permission for extended media coverage. 

     5.  Courthouse security policies require all persons and equipment entering the courthouse to pass through a magnetometer.  News media representatives will not be permitted to bypass screening and should allow sufficient time to go through the magnetometer in advance of the commencement of proceedings.  Court proceedings may not be interrupted to allow installation of media equipment or personnel. 

     6.  Film, videotape, photography and audio reproductions obtained by and through extended media coverage shall not affect the official court record of the proceeding for the purposes of appeal or otherwise, nor shall the same be admissible as evidence in the proceeding out of which it arose or in any proceeding subsequent or collateral thereto. 

    7.  The media coordinator and all media representatives and personnel are charged with the actual and constructive knowledge of the provisions contained in the Policy for Extended Media Coverage in Circuit Court of Illinois and this rule.  By the submission of a request for extended media coverage the media coordinator, respective agents from involved news media organizations and designees of such acknowledge and agree to abide by all applicable provisions. 

     8.  In addition to contempt and any other sanctions allowed by law, the judge or Chief Judge may remove anyone violating the Policy for Extended Media Coverage in Circuit Courts of Illinois or this rule from the courtroom and revoke the privileges for extended media coverage.   

     9.  If the media coordinator or any media representative fails to comply with the conditions set forth in the Policy for Extended Media Coverage in Circuit Court of Illinois, this rule or other orders imposed by the judge or Chief Judge, the judge or Chief Judge may impose restrictions on the dissemination, broadcast and/or publication of extended media coverage. 

     10.  This rule is promulgated as a pilot project in accordance with the Illinois Supreme Court Order M.R. 2634.  This rule is subject to revision or termination at any time and without advanced notice.

APPENDIX OF FORMS FOR USE IN CIVIL CASES

• Statement of the Nature of the Case  (PDF unavailable)
• Settlement Conference Memorandum (PDF unavailable)
• Litigation Conference Order Pursuant to Supreme Court Rule 218 (PDF unavailable)
• Order Approving Settlement of a Minor’s Claim with Funds to be Deposited (PDF unavailable)
• Order Approving Settlement of a Minor’s Claim with Funds to be Administered in a Probate Proceeding (PDF unavailable)
• Comprehensive Financial Statement (PDF unavailable)
• Any Statement of the Nature of the Case, Settlement Conference Memorandum, Litigation Conference Order, Order Approving Settlement of a Minor’s Claim with Funds to be Deposited, Order Approving Settlement of a Minor’s Claim with Funds to be Administered in a Probate Proceeding, shall be substantially in compliance with the forms set forth in this Appendix of Forms for use in Civil Cases. 

APPENDIX OF FORMS FOR USE IN CRIMINAL CASES

• Provider Profile and Consent (PDF unavailable)
• Alcohol/Drug Related Arrest Addendum (PDF unavailable)
• DuPage County Evaluation Addendum Summary (PDF unavailable)
• Risk Education/Treatment Compliance Form (PDF unavailable)
• Request for Extended Media Coverage (PDF)
• Objection of Party to Extended Media Coverage of Testimony (PDF)
• Objection of Witness to Extended Media Coverage of Testimony (PDF)
• Order on Request for Extended Media Coverage (PDF)