Civil Division - Winnebago County: General Order No. 3

3.01 Civil Division Assignments-Winnebago County
3.02 Reserved
3.03 Appointment of Special Administrators or Special Representatives
3.04 Reserved
3.05 Court Reporter - Fees (Probate Court)
3.06 Forcible Entry and Detainer - Motions Directed Against Eviction Orders
3.07 Petition to Subpoena Witnesses
3.08 Briefing Schedules - Civil Division
3.09 Probate - Guardian Ad Litem - Rate of Compensation
3.10 Evictions - Summons Attachments


3.01 Civil Division Assignments-Winnebago County

  1. The civil division shall hear matters concerning the following:
    1. Law over $50,000
    2. Arbitration
    3. Chancery
    4. Miscellaneous Remedy
    5. Eminent Domain
    6. Tax
    7. Municipal Corporation
    8. Probate
    9. Forcible Entry and Detainer
    10. Small Claims
    11. Domestic Relations (for the purposses of enforcing financial judgments)
    12. Family (for the purposes of enforcing financial judgments).
  2. Circuit Judges
    1. Judges Eugene G. Doherty, Lisa R. Fabiano, and Donna R. Honzel are assigned full time to the Civil Division.
    2. Judges Stephen E. Balogh and Donald P. Shriver are assigned part-time to the Civil Division.
  3. Any circuit or associate judge, in the abosence of the trial judge, may be assigned to hear the call of cases for that date.

In addition to the above assignments, the Chief Judge may also assign any Circuit or Associate Judge to any individual case or call as the Chief Judge deems appropriate.

Amended: 12/03/2018

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3.02 Reserved

 

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3.03 Appointment of Special Administrators or Special Representatives

The following procedures are to be followed whenever a party seeks appointment of a Special Administrator under the Wrongful Death Act, 740 ILCS 180/2.1, or a Special Representative under 735 ILCS 5/2-1008 or 735 ILCS 5/13-209:

  1. Contemporaneous with filing of suit. Where no suit has yet been filed, and the party seeking appointment is prepared to file suit on the same day that the appointment is made, the petition, order of appointment, and any other related documents shall be filed as part of the contemporaneously filed civil case (with no additional fee to be paid). The request for appointment may be brought before any available judge in the Civil Division. Notice shall be as prescribed by the appointing judge.
  2. Appointment without filing suit. Where a party seeks appointment but does not intend to contemporaneously file suit, the petition for appointment should be filed as a Miscellaneous Remedies (M.R.) case. The M.R. file is to be closed immediately upon the issuance of an order of appointment. The request for appointment may be brought before any available judge in the Civil Division. Notice shall be as prescribed by the appointing judge.

    If and when a civil case is brought by the appointed representative, it shall be filed as would any new civil filing and assigned by the Circuit Clerk as the appropriate case type (e.g., L, AR, SC.)
  3. Appointment in relation to pending suit. Where appointment is sought in relation to a deceased party in a pending case, the petition for appointment should be filed in the pending case and placed on the assigned judge’s motion call with appropriate notice.

The foregoing rules do not apply to appointment of a personal representative (i.e.,
guardian, executor, or administrator) in a probate estate.

Updated 1/24/2017

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3.04 Reserved

 

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3.05 Court Reporter - Fees (Probate Court)

The court reporter for Probate Court is directed to prepare and file all orders declaring heirship in estates of dependents; a minimum of five dollars ($5.00) shall be charged by said reporter to be taxed as costs against estates, to be collected by the clerk and paid as other fees; and in the event the proof and order are unusually lengthy, an additional charge may be made by the reporter upon the approval of the court.

Last Updated: 2/96

Page: 3-F

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3.06 Forcible Entry and Detainer - Motions Directed Against Eviction Orders

Motions directed against eviction orders in FED cases will be set by the Clerk at the first available date in the applicable courtroom (including any fee waiver applications filed in connection with the motion).

Amended: 1/17/2018

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3.07 Petition to Subpoena Witnesses

A petition filed pursuant to Supreme Court Rule 204 (b) shall have the effect of commencing a proceeding in the court in which it is filed. The petitioner shall pay the same fee as if commencing a civil action. The circuit clerk shall assign a "miscellaneous" file number. Such proceedings shall be conducted in accordance with the Illinois Supreme Court Rules governing discovery.

Last Updated: 9/92

Page: 3-H

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3.08 Briefing Schedules - Civil Division

  1. Briefing Schedules - Civil Division
    1. Whenever an order is entered by a circuit judge setting a briefing schedule on a motion, the circuit clerk will:
    2. Transmit a copy of the Brief Scheduling Order to the circuit judges' secretary;
    3. Deliver all briefs, responses, and replies to the circuit judges' secretary as received.
  2. After entry of a Brief Scheduling Order, the circuit judges' secretary will:
    1. Open and maintain a "brief file", separate and apart from the court file;
    2. Note the attorneys of record on the secretary's copy of the Brief Scheduling Order;
    3. Establish a diary system in accordance with the Brief Scheduling Order;
    4. Monitor the deadlines;
    5. Provide the appropriate circuit judge with the "brief file" containing all of the briefs, and the court file, upon the completion of the briefing schedule.

Last Updated: 9/92

Page: 3-I

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3.09 Probate - Guardian Ad Litem - Rate of Compensation

The current rate of compensation for legal services as guardian ad litem or appointed counsel is $180.00 per hour except in cases where a party has been granted a waiver of court fees and compensation is set at the minimum rates established by Illinois Supreme Court Rule 299.

Amended 3/23/2016

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3.10 Evictions - Summons Attachments

WHEREAS the Illinois Supreme Court issued an order in M.R. 30370 on December 22, 2020, dealing with the subject of eviction filings,

IT IS HEREBY ORDERED that, until further order of the Court:

A. The plaintiff/landlord shall provide each defendant/tenant/lessee, sub-lessee and resident with a Tenant Declaration form made available by the Illinois Housing Development Authority prior to the commencement of any residential eviction proceeding. This two-page form must be provided to every tenant on the lease at least 5 days prior to commencement of any residential eviction proceeding, including, but not limited to, at least 5 days prior to the issuance of a notice of termination of tenancy. Service of the Declaration must conform with the requirements of 735 ILCS 5/9-211. The most current form must be procured from the Illinois Housing Development Authority; an example may be found in Appendix RR-1.

B. The filing of a complaint in any eviction case must be accompanied by the Plaintiff’s Certification form, completed by the Plaintiff/landlord, in substantially the form set forth as Appendix RR-2, or in such form as may be prescribed by the Illinois Supreme Court in the future.

C. In residential eviction cases, plaintiff shall use “Eviction Court: Additional Information” attached in substantially the form set forth as Appendix RR-3 in Winnebago County cases, and Appendix RR-4 in Boone County cases. The Additional Information form shall be attached to, and served with, the complaint.

Enacted: 09/16/21

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