Ill. R. Cir. Ct. McHenry Cnty. 1.01

As amended through September 23, 2024

Rule 1.01 - RULES OF COURT

A. The Twenty-Second Judicial Circuit Court, McHenry County, Illinois, adopts the following Rules for the conduct, governance and management of business, operations, proceedings, and other functions and services of the court.

B. The Rules shall be applied, construed and enforced so as to avoid inconsistency with other rules of court and statutes governing proceedings, functions and services of this court. In their application and administration, they shall be construed and employed so as to provide fairness and simplicity in procedure to avoid delay; and to secure just and expeditious determination of all actions and proceedings.

C. These rules are promulgated pursuant to 5/1-104(b) of the Code of Civil Procedure, providing that the Circuit Court may make rules regulating their dockets, calendars and business, and Supreme Court Rule 21(a), providing that a majority of the Circuit Judges may adopt rules governing civil and criminal cases consistent with statutes and Supreme Court Rules.

D. These rules shall become effective on the amended date of April 12, 2022; and rules in effect prior thereto will no longer be in effect.

E. Any amendment of these rules shall be passed by a majority vote of all Circuit Judges of the Twenty-Second Judicial Circuit.

F. All rules of this court and amendments thereto shall be filed with the Director of the Administrative Office of the Illinois Courts, Springfield, Illinois, within ten (10) days after adoption thereof pursuant to Supreme Court Rule 21(d). Said rules and amendments shall be filed with the Clerk of Court in McHenry County.

G. Any amendment to the Circuit Court Rules shall contain Part and Section numbers for appropriate placement within the body of the rules. The Local Rules and Procedures Committee shall specify the placement of any amendment at the time of the amendment's adoption. In the event, the Committee does not specify the placement of the amendment, the Chair of the Local Rules and Procedures Committee of the Twenty-Second Judicial Circuit is designated to assign the official Part and Section number to all amendments.

H. In the construction of these rules, the law governing the construction of statutes (5ILCS 70/1, et. seq.) shall apply. In the event of any conflict between the content of a rule and that of an administrative order, the rule shall prevail.

I. Each rule shall apply to any civil or criminal proceeding unless contained in a part or section which limits its application.

J. Any reference in these rules to "he," "she," "his" or "her" is intended to be gender-neutral and shall be construed to apply to each gender.

Ill. R. Cir. Ct. McHenry Cnty. 1.01