Ill. R. Cir. Ct. Lake Cnty. 4-3.10

As amended through September 23, 2024

Rule 4-3.10 - Pre-Trial Case Management Procedures

A. This Rule applies to the following case types:

1. All pre-judgment "D" (dissolution) cases.

2. All pre-judgment "F" (family) cases in which the Family Division Cover sheet indicates that an aspect of the case involves the allocation of parental responsibility or allocation of parenting time of children.

3. All post-judgment "D" and "F" cases in which the Family Division Cover Sheet indicates that an aspect of the case involves the allocation of parental responsibility or allocation of parenting time of children, or by Court Order.

B. The Clerk of the Circuit Court shall set an Initial Case Management Conference on a date approximately ninety days from the filing of the initial pleading on a schedule established by the Court. The Clerk shall send Notice of the date approximately forty-five days prior to the date to all parties of record.

C. The Clerk shall provide the Petitioner upon the filing of the initial pleading with an informational Notice approved by the Court containing information about the Initial Case Management Conference.

D. The Petitioner shall serve upon each Respondent a copy of the informational Notice along with the service of the Summons and pleadings in a pre-judgment case or with the service of Notice and pleadings in a post-judgment case.

E. Failure to appear in court in person or by counsel for a Case Management Conference may subject a party to sanctions from the Court pursuant to Supreme Court Rule 219 including but not limited to monetary sanctions and/or dismissal of the case for want of prosecution, unless the case has already been resolved by Order or Judgment.

F. The Initial Case Management Conference shall be conducted pursuant to Supreme Court Rule. The parties will be expected to inform the Court as to whether the case would be best handled on an expedited track, a standard track, or a complex track and to enter a Case Management Order.

G. At the Initial Case Management Conference the Court will verify that Comprehensive Financial Affidavits were exchanged at least seven days prior to the conference by reviewing of the Certificates of Compliance.

H. Pursuant to Supreme Court Rule, the following requirements apply to the Initial Case Management Conference in cases involving minor children:

1. The parties must submit a completed Declaration pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act.

2. The parties must report whether they have attended the required parenting education program offered by the College of Lake County or such other parenting program approved by the Court.

3. If the parties have reached agreement on allocation of parental responsibility, they must provide the Court with an agreed Order regarding allocation of parental responsibility and an agreed Parenting Plan

4. If the parties have not reached an agreed Parenting Plan, the Court shall schedule the date by which the parties must file their proposed parenting plans and shall schedule the case for mediation unless the Court determines that an impediment to mediation exists. The cost of mediation shall be allocated between the parties.

5. If the parties are unable to resolve the issues of allocation of parental responsibility and/or allocation of parenting time, the Court may appoint counsel as a child representative or a Guardian ad Litem to represent the child(ren) and/or the Court may order an allocation of parental responsibility evaluation by a court appointed professional. The cost of an evaluation and attorney fees for counsel for the children shall be allocated between the parties.

I. In addition to the procedure for setting a Case Management Conference set forth in Section B of this Rule, the Court, on its own Motion or on Motion of a party, may set a Case Management Conference at any time in any pre or post-judgment D or F case.

Ill. R. Cir. Ct. Lake Cnty. 4-3.10