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The County of DuPage
Wheaton, Illinois
Home > Elected Officials > 18th Judicial Circuit Court > Local Court Rules
 

Court Rules - Table of Contents

I. ADMINISTRATION OF THE COURT

ARTICLE 1: General Rules
RuleTitle
1.01General Rules
1.02Power of Court to Adopt Rules
1.03Court Reporting Services
1.04-1.18(RESERVED)
1.19Meetings
1.20Selection of a Chief Judge
1.21Authority of the Chief Judge
1.22(RESERVED)
1.23Motion for Substitution of Judge for Cause
1.24Revoked
1.25Attorney Registration - Addresses of Parties and Attorneys
1.26Handling of all Writs in Criminal Proceedings
1.27Appearance of Counsel
1.28Judicial Supervision of the Use of Eavesdropping Devices
1.29Decisions within Sixty (60) Days
1.30Photographing,Recording,Broadcasting or Televising in or Near Courtrooms
1.31Judicial Review of Local Electoral Board Decisions
1.32(RESERVED)
1.33Law Library Rules of Conduct
1.34Procedure Upon Remand for Further Proceedings
ARTICLE 2: Clerk of the Circuit Court
RuleTitle
2.01Office of the Clerk
2.02Filing of Papers
2.03Removal of Papers Filed
2.04Copies of Papers Filed
2.05Delivery of Files to Court Security Officers
2.06Opening of Depositions
2.07Maintaining Daily Call Sheet
2.08 Files Present in Courtroom
2.09Custody of Evidence
2.10Record Keeping
2.11(RESERVED)
2.12 Application to Waive Costs and Fees
2.13Non-Wage Garnishment
2.14Wage Deduction
2.15Notice of Appeal
2.16Transferred Cases
2.17Clerk to Prepare Pre-Printed Approved Forms
ARTICLE 3: Sheriff
RuleTitle
3.01Additional Court Security Officers
3.02Rules as to Court Security Officers
ARTICLE 4: JURY SERVICES
RuleTitle
4.01Jurors: Selection and Terms of Service
4.02Failure to Respond to Jury Summons
4.03Compensation of Jurors
4.04Jury Services at Coroner’s Inquest
4.05Jury Commission
ARTICLE 5: E-FILING
RuleTitle
5.01Authority
5.02Effective Date
5.03Designation of Electronic Filing Case Types
5.04Definitions
5.05Authorized Users
5.06Method of Filing
5.07Maintenance of Original Documents
5.08Privacy Issues
5.09Format of Documents
5.10Signatures
5.11Time of Filing,Acceptance by the Clerk and Electronic Filing Stamp
5.12Electronic Service, Courtesy Copies and Filing Proof of Service
5.13Collection of Fees
5.14System or User Errors
5.15Vendor Conditions
5.16Authority for E-Records
5.17 Summons on New Case Filings

II. CIVIL PROCEEDINGS

ARTICLE 6: PLEADINGS AND MOTIONS
RuleTitle
6.01Automatic Status Dates
6.02 Notice of Dismissal for Want of Prosecution
6.03 Pleadings to be Readily Comprehensible
6.04 Motions Generally
6.05Contested Motions
6.06(RESERVED)
6.07Motions for Consolidation of Cases
6.08Emergency Motions and Emergency Relief
6.09Proof of Damages upon Entry of Default
6.10 Privacy Issues
ARTICLE 7: DISCOVERY
RuleTitle
7.01Written Interrogatories or Production Requests
7.02Discovery Documents
7.03Medical Opinion Witnesses
7.04Days for Taking Depositions
ARTICLE 8: SETTLEMENT AND LITIGATION CONFERENCES
RuleTitle
8.01Settlement Conference
8.02Litigation Conference
8.03Initial Case Management Conference Exemption
8.04L, ED, LM Case Management Conferences
ARTICLE 9: TRIAL PRACTICE
RuleTitle
9.01Litigants to be Present in Court
9.02Motions In Limine
9.03Jury Selection
9.04Wage Deduction Procedure

III. PARTICULAR CIVIL PROCEEDINGS

ARTICLE 10: SETTLEMENTS AND JUDGMENTS INVOLVING MINORS AND WARDS
RuleTitle
10.01Settlement of Minor’s or Wards Personal Injury Claim, Wrongful Death Claim or Claim Under the Survival Statute
10.02Distribution of Funds to a Minor Pursuant to Judgment
ARTICLE 11: RECEIVERS
RuleTitle
11.01Qualifications and Appointment of Receivers
11.02Attorneys for Receivers
11.03Inventories of Receivers
11.04Appraisal for Receivers
11.05Reports of Receivers
11.06Bonds of Receivers
ARTICLE 12: BONDS AND SURETIES
RuleTitle
12.01  Definitions
12.02Authorization to Serve as Surety
12.03Petition and Hearing for Authorization
12.04Revocation of Authorization
12.05Justification of Sureties
ARTICLE 13: MANDATORY ARBITRATION
RuleTitle
13.01Civil Actions Subject to Mandatory Arbitration (S.C. Rule 86)
13.02Appointment, Qualification and Compensation of Arbitrators and Prohibition from Post-Hearing... (S.C. Rule 87)
13.02.1Diligence Date
13.03Scheduling of Hearings (S.C. Rule 88)
13.04Discovery (S.C. Rule 89)
13.05Conduct of the Hearings (S.C. Rule 90)
13.06Default of a Party (S.C. Rule 91)
13.07Award and Judgment on Award (S.C. Rule 93)
13.08Rejection of Award (S.C. Rule 93)
13.09Form of Oath, Award and Notice of Entry of Award (S.C. Rule 94)
13.10Form of Notice of Rejection of Award (S.C. Rule 95)(RESERVED)
13.11Administration of Mandatory Arbitration
13.12Duties of Supervising Judge for Arbitration
13.13Destruction of Arbitration Hearing Exhibits
ARTICLE 14: (PART 1) COURT ORDERED MEDIATION FOR CIVIL CASES
RuleTitle
14.01Purpose of the Mediation Process
14.02Civil Actions Eligible for Court Ordered Mediation
14.03Filing of Cases Eligible for Court Ordered Mediation
14.04Discovery
14.05Order of Referral to Court Ordered Mediation
14.06Procedure Following Entry of an Order of Referral to Court Ordered Mediation
14.07Location of Mediation Conferences
14.08Attendance at a Mediation Conference
14.09Settlement Prior to Mediation Conference
14.10Termination and Report of Mediation Conference
14.11Post-Mediation Conference Status Date
14.12Mediation Conference Confidentiality
14.13Mediator Immunity
14.14Certification of Mediators for Court Ordered Mediation
14.15Re-Certification & Removal of Mediators for Court Ordered Mediation
14.16Disqualification of a Mediator
14.17Mediator Compensation
14.18Form Orders
14.19Supervising Judge and Reporting Requirements
14.20Duties of Supervising Judge for Mediation
ARTICLE 14: (PART 2) COURT ORDERED MEDIATION FOR CIVIL CASES
RuleTitle
14.21Purpose of the Residential Eviction Mediation Process
14.22Eviction Actions Eligible for Court Ordered Mediation
14.23Filing of Cases Eligible for Court Ordered Residential Eviction Mediation
14.24Program Staff
14.25Order of Referral to Court Ordered Mediation and Other Services
14.26Appointment, Qualifications and Compensation of Mediators
14.27Confidentiality, Applicability of Uniform Mediation Act
14.28Attendance and Participation in Mediation
14.29Reporting Requirements
14.30Settlement Prior to Mediation Conference
14.31Orders on Agreement Reached in Mediation
14.32Post-Mediation Conference Status Date
14.33Presiding Judge and Reporting Requirements
14.34Language Access
ARTICLE 15: DOMESTIC RELATIONS-Articles 15.01-15.14 Articles 15.15-15.26
RuleTitle
15.01Definitions
15.02Applicability and Case Designation
15.03Marriage
15.04Time Limitations in Child Custody Cases
15.05Discovery
 15.05.01Jurisdiction and Venue
 15.05.02Prove Ups
 15.05.03Due Diligence Affidavit; Leave to Serve by Publication
15.06Education Program
15.07Status Conference
15.08Titles on All Petitions, Motions and Orders
15.09Motions and Hearings
15.10Emergency Matters
15.11Motions for Temporary Relief
15.12Rule to Show Cause
15.13Consolidation of Guardianship Cases
15.14Guardians Ad Litem, Child Representatives &Attorneys for Children
15.15Mediation Referral Program
15.16Custody Evaluation Program
15.17Record in Certain Proceedings
15.18Pre-Trial Conference and Trial Dates
15.19Joint Simplified Dissolution Procedure
15.20Entry of Judgment
15.21Maintenance or Support Payments
15.22Expedited Matrimonial Fee Arbitration Program
15.22.01Eligible Actions
15.22.02Powers and Duties
15.22.03Applicability of Code of Civil Procedure
15.22.04Commencement of Arbitration and Hearing
15.22.05Reply and Notice
15.22.06Absence of Party at Hearing
15.22.07Award and Judgment on Award
15.22.08Binding Arbitration and Judgment on Award
15.22.09Arbitrator May Not Testify
15.22.10Immunity
15.22.11Disclosure of Attorney-Client Communication and Work Product
15.22.12Disputes Not Subject to Arbitration
15.22.13Docketing of Arbitration
15.22.14Review of Petition for Arbitration
15.22.15Assignment to Arbitration Panel
15.22.16Duties of Arbitration Panel; Arbitrator Disqualification;Compensation
15.22.17Hearing
15.22.18Fees and Costs
15.23Re-filed Cases
15.24Domestic Violence
15.25Pro Se Night Court
15.26Periodic Meetings
15.27 Self-Represented Litigant Assistance
ARTICLE 16: SMALL CLAIMS
RuleTitle
16.01Form of Summons and Complaint
16.02(RESERVED)
16.03Return Day Procedures
16.04Jury Demands
ARTICLE 17: JUVENILE
RuleTitle
17.01Intake Criteria
17.02Intake Procedure
17.03Preliminary Conference
17.04Diversion-Intake Criteria
17.05Neglected and Dependent Child Intake
17.06Filing of Petitions
17.07Attendance at Hearings
17.08Answers to Petitions
17.09DuPage County Youth Home (REVOKED 1/13/2012)
17.10Court Investigators
17.11Secure Custody (REVOKED 1/13/2012)
17.12Limited or Temporary Custody
17.13Detention Hearings
17.14Emergency Change in Custody
17.15Notice of Emergency Change in Custody
17.16Routine Change in Custody
17.17Duty to Report Pregnancy
17.18Restriction Upon Undue Influence
17.19Conditions of Supervision or Probation
17.20Saving Provision
17.21Expungement of Law Enforcement and Juvenile Court Records
ARTICLE 18: PROBATE
RuleTitle
18.01Admission of Will to Probate - Letters of Administration
18.02Petition for Expenditure for Ward
18.03Investment by Plenary Guardian or Guardian of the Estate
18.04Inventories
18.05Form of Accounts
18.06Out-of-State Personal Representatives
18.07Procedures for Estates of Disabled Adults

ARTICLE 19 and ARTICLE 20: (RESERVED)

ARTICLE 21
RuleTitle
21.01Filing of Petition
21.02Docket Call Times
21.03Motions
21.04Courtesy Copies
21.05Consents
21.06Investigative Reports
21.07Interim Orders
21.08Guardians Ad Litem
21.09Termination of Parental Rights by Default
21.10Verification of Finality of Parallel Proceedings
21.11Appointment of Counsel/Experts
21.12Setting Matter for Judgment
21.13Standby Adoptions
21.14Adult Adoptions
21.15Co-Parent and Second Parent Adoptions
21.16Access to Court Files
21.17Appointment of Confidential Intermediaries
ARTICLE 22: TAX CASES
RuleTitle
22.01Special Assessments
22.02 - 22.10(RESERVED)

IV. CRIMINAL PROCEEDINGS

ARTICLE 30: GENERAL
RuleTitle
30.01Applicability of Rules
30.02(RESERVED)
30.03Joinder and Transfer of Cases
30.04Reassignments
30.05Defendant’s Appearance by a Two-Way Audio/Video Communication System
30.06Defendant’s Demand for Speedy Trial
30.07Motion Days
30.08Future Court Dates
30.09Continuances
30.10Placing of CF, CM, DV or TR Filings on the Court's Call
30.11Appearances of Counsel and Priority in Court Call
30.12(RESERVED)
30.13Waiver of Trial by Jury
30.14(REPEALED)
30.15Control of Evidence in Criminal Courts
30.16Petitions to Expunge Records of Arrest
ARTICLE 31: ARREST, PRELIMINARY EXAMINATION AND BAIL
RuleTitle
31.01Warrant, Summons and Notice to Appear
31.02Processing Returns on Bench Warrants
31.03Bail
31.04Setting of Bail Bond in Felony Cases
31.05Bond Court
31.06(RESERVED)
31.07(RESERVED)
31.08Arraignment and Plea
31.09Analysis Report of Field Tests
ARTICLE 32: FELONIES
RuleTitle
32.01Applicability
32.02Preliminary Hearing
32.03Discovery
32.04Pre-Plea Report
32.05Procedure for Disclosure and Filing of Pre-Sentence Reports and Pre-Plea Reports
32.06(RESERVED)
32.07(RESERVED)
ARTICLE 33: MISDEMEANORS
RuleTitle
33.01Applicability
33.02(RESERVED)
33.03(RESERVED)
33.04Trial or Hearing Dates in DUI and Misdemeanor Courts
ARTICLE 34: DRIVING UNDER THE INFLUENCE OF ALCOHOL/DRUGS
RuleTitle
34.01Applicability
34.02Monitoring
34.03DUI Evaluation Reports
34.04DUI Evaluation Fees
34.05DUI Treatment Services
34.06Revoked
34.07Arraignment
ARTICLE 35: TRAFFIC AND ORDINANCES
RuleTitle
35.01Applicability
35.02Jury Demands
35.03(RESERVED)
35.04Parking Tickets
35.05Appointment of Public Defender
35.06Trial or Hearing Dates in Traffic Division
35.07Continuances
35.08Vacating Judgments in the Traffic Division
35.09Special Motions
ARTICLE 36: SENTENCING
RuleTitle
.01Applicability
.02Judgment and Sentence
.03Payment of Fines and Costs
.04Extending Time to Pay Fines and Costs
.05Pre-Sentence Reports
.06Probation
.07Conditional Discharge Procedures
.08Court Supervision
.09Periodic Imprisonment
.10Enforcement of Probation
.11Probation and Court Services Records
ARTICLE 37: POST-TRIAL, POST-CONVICTION AND APPEAL
RuleTitle
37.01Post-Conviction Petitions
37.02Appeals of Criminal Cases


ARTICLE 38: EXTENDED MEDIA COVERAGE 
ARTICLE 49: (RESERVED)
APPENDICES

DuPage Trees
421 N. County Farm Road, Wheaton, IL 60187, 630-407-6500

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