Ill. R. Cir. Ct. Lake Cnty. 4-3.15

As amended through September 23, 2024

Rule 4-3.15 - Motion Practice and Emergency Motions

A.Contested Motions

1. Any Motion which is opposed is a contested motion and may be heard at the end of the call or at such other time designated by the Court.

2.Page Limitations.

a. No Motion or Response shall exceed fifteen typewritten double-spaced pages without prior approval of the Court. This page limit includes any separately filed Memorandum or Brief in support of a Motion or Response.

b. No Reply or Memorandum in support thereof shall exceed five typewritten pages without prior leave of Court. Any such Brief or Memorandum shall be limited to responding to new matters raised in the opponent's Response Brief or Memorandum.

c. Neither narrow margins nor any other formatting device shall be employed to evade the page limitations set forth in this Rule. Footnotes, if any, shall be used sparingly.

d. Failure to comply with this Rule shall be sufficient grounds for striking the Motion, Response, or Reply, or for the Court's refusal to consider the excess pages of the document and to consider the matters contained therein to have been waived.

3. For every contested motion, including those brought pursuant to Supreme Court Rule 219, Supreme Court Rule 137 or Sections 2-615, 2-619, 2-619.1 or 2-1005 of the Code of Civil Procedure, movant's counsel shall deliver to the chambers of the assigned judge, not less than five court days prior to hearing, a copy of:

a. the Motion,

b. any challenged pleading, and

c. any writing in support of or in opposition to the Motion.

4. Not less than five court days prior to hearing, a party shall provide the Court and all opposing counsel with a complete citation to any case or other authority upon which the party intends to rely on in oral argument and which is not included in a supporting or opposing writing; and the party shall provide the Court with a full copy of any decision of a State Court outside the State of Illinois. Any cover letter delivered to the Court in compliance with the above requirements shall be copied to all counsel of record.

5. Any writing in support of or in opposition to a Motion shall be served upon the opposing party at the time of service of Notice of Motion, or, if not then available, as soon thereafter as practicable and prior to hearing on said Motion.

B.Emergency Motions

1. If emergency relief is requested, application shall be made to the assigned judge, or if unavailable, to the judge specifically assigned to sit in his stead. If neither judge is available, application shall be made to the presiding judge of the division to which the case is assigned.

2. An Emergency Motion shall be labeled as such and shall be heard only if the Court first determines that an emergency exists and that reasonable attempts at Notice have been made. Each application for emergency relief shall be accompanied by an affidavit of the movant or movant's attorney stating the reason for emergency relief; 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 or the opposing party. Failure to attach said affidavits to the request for emergency relief may be grounds for denial of the Motion. A party and/or his or her counsel who respond to a Motion propounded as, but found not to be, an emergency may be entitled to reimbursement by the proponent of actual expenses, fees and costs incurred in responding to the said Motion.

3. Every Complaint or Petition requesting an Ex Parte Order for Emergency Relief, shall be filed before application to the Court for the Order.

4. If a Motion is heard without prior Notice under this Rule and any Respondent or other party fails to appear, a copy of the Orders entered at the hearing shall be served personally, or by US Mail, upon all parties not previously found by the Court to be in default for failure to plead, and proof of service thereof shall be filed within two days of the hearing thereon.

5. Counsel shall use every reasonable effort to notify opposing parties or counsel of entry of each Order, at the earliest opportunity.

Ill. R. Cir. Ct. Lake Cnty. 4-3.15

Amended effective 12/31/2017.