As amended through September 23, 2024
Rule 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 (35.06(e)(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.Ill. R. Cir. Ct. Dupage Cnty. 35.06