Ill. R. Cir. Ct. Lake Cnty. 2-1.01

As amended through September 23, 2024

Rule 2-1.01 - Motions Generally/Notice

A. For the purpose of these Rules, "Motion" includes any pleading or paper in the nature of a Petition or Motion, other than a Petition or Complaint which initiates a cause of action.

B. Each Motion shall be in writing. Each Notice of Motion shall have appended thereto a copy of the relevant motion, unless otherwise ordered by Court.

C. Each Motion, Petition and Appearance form shall contain in typewritten form or clear printing the name, address, e-mail address, telephone number and State of Illinois attorney registration number of the attorney representing the party on whose behalf the document is filed.

D. Each Motion shall be captioned with the case name and number and shall include the Supreme Court Rule, Code of Civil Procedure Section and/or other statutory Section upon which it is based.

E. All dispositive motions shall be initially scheduled before the Court for presentment. Unless otherwise directed by the Court, no contested motion shall be heard if it has not been scheduled for hearing by the Court.

F. Written Notice of Motion of all motions shall be given by the party requesting the hearing. The Notice shall be given to all parties who are not in default pursuant to a finding of the Court. Additional Notice may be ordered by the Court. Where a party is represented by an attorney of record, Notice shall be given to that party's attorney and not the party himself.

G. The Notice of Motion shall designate the Judge to whom the Motion will be presented for hearing; shall show the title and number of the action, the title of the Motion, the date when the Motion will be presented, the time it will be presented, the courtroom where it will be presented, and the address of the Courthouse or Branch Court as appropriate. Copies of all papers presented to the Court with the Motion shall be served with the Notice or the Notice shall state that copies have been previously served.

H. Notice of Motion shall be given in the manner and to the persons described in Supreme Court Rule 11. If notice of hearing is given by personal service, the notice shall be delivered before 4 p.m. of the second (2nd) court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on or before the fifth (5th) court day preceding the hearing of the motion.

I. Delivery by electronic means or by personal, office, or residential delivery is complete on the day of transmission. Delivery by third-party commercial carrier or courier is complete on the third Court day after delivery of the package to the third-party carrier. Delivery by U.S. mail is complete four days after mailing.

J. If a Motion is heard without prior Notice under this Rule, a copy of the Orders entered at the hearing shall be served personally or by U.S. Mail upon all parties not previously found by the Court to be in default for failure to plead, and proof of service shall be filed within two days after the hearing.

K. If a Motion presented without prior Notice is denied, or hearing thereon is denied, an Order of the Court's ruling shall be entered.

L. The burden of calling for hearing any Motion previously filed is on the party making the Motion. If any such Motion is not called for hearing within sixty days from the date it is filed, the Court may consider the Motion denied by reason of delay.

M. No Motion to Continue shall be allowed for other than good cause shown. Agreements of counsel as to a Motion to Continue shall not be binding on the Court. The Court may require affidavits of the parties and counsel.

N. The movant, or his attorney, seeking an Order of Default shall notify the court clerk at least one court day prior to the date of the hearing and shall request that the court file be present upon hearing of the Motion.

O. Motions presented and ruled upon before one Judge shall not be renewed before another Judge without leave of Court and a statement in the Notice of Hearing that the Motion has previously been ruled upon, naming the Judge who ruled on the Motion.

P. Motions not presented or supported by the moving party when called, pursuant to Notice, may be denied or stricken.

Q. There is no entitlement to a briefing schedule or oral argument. In its discretion, the Court may permit or require briefs or oral argument or both. The Court may also exercise its discretion to decide a Motion without briefs or oral arguments.

Ill. R. Cir. Ct. Lake Cnty. 2-1.01

Amended effective 12/31/2017; 3/5/2018.