Ill. R. Cir. Ct. McHenry Cnty. 17.04

As amended through May 30, 2024

Rule 17.04 - SCHEDULING OF HEARINGS (SUPREME COURT 88)

A. For all actions which fall within the purview of this rule, the complaint and the original and all alias summons must state in upper case letters in the upper right-hand corner, "THIS IS AN ARBITRATION CASE."

Every original summons shall be made returnable before the Arbitration Judge on a specified return date to be set by the Circuit Clerk not less than 28 nor more than 40 days after the issuance of the summons.

All parties shall appear in open court on the return date unless otherwise excused by the order of the court. The court may set an arbitration hearing at the first return date if all parties have appeared or been served unless otherwise warranted. Prior to setting any case for arbitration, the parties and the court shall confer with the Arbitration Administrator regarding the availability of arbitration dates. Every order setting a case for arbitration shall clearly indicate whether a party or the parties are bringing an interpreter.

On the original or any continued return date or status date, the court may enter orders consistent with Supreme Court Rule 218.

In the event defendant, after service of process, fails to file an appearance on or before the return date set forth in the summons, the plaintiff shall appear before the Arbitration Judge on the return date for the purpose of obtaining a judgment or an order of default and a date for prove-up.

If the plaintiff fails to appear on the original return day or any continued date thereof, the case may be dismissed for want of prosecution without further notice.

In the event the plaintiff has failed to obtain timely service of process on any defendant by any return date, the plaintiff shall appear before the Arbitration Judge on the return date and may request the issuance of an alias summons. Any party whose presence was previously excused shall be provided notice of the entry of said order.

B. Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by written notice and motion with notice included to the Arbitration Administrator. Hearing on the motion shall be scheduled before the Arbitration Judge, not less than seven (7) days prior to the arbitration hearing date. The motion shall contain a concise statement of the basis upon which a change in the arbitration hearing date is requested. The Arbitration Judge may grant such advancement or postponement upon good cause shown. Such advancement or postponement may be conditioned on such terms as the Arbitration Judge deems appropriate.

C. Consolidated actions shall be heard on the date assigned to the latest case involved.

D. It is stated public policy of the mandatory arbitration proceedings of this Circuit that cases be heard in one-half day, if possible, but not to exceed one full day. Counsel for the plaintiff shall confer with all other counsel and obtain an approximation of the length of time required for the presentation of the case and advise the Arbitration Administrator at least seven (7) days in advance of the hearing date of the estimated duration of the hearing. Failure to notify the Arbitration Administrator of the need for more than one-half day for a hearing may result in a delay of the scheduled hearing. All counsel shall advise the Arbitration Administrator at least seven (7) days in advance of the hearing of changes of appearances or additions or parties or counsel. Failure of the parties to advise the arbitration administrator in a timely fashion of changes of appearances or additions of parties or of counsel, or of the need for additional time may result in the imposition of sanctions, including the taxing of arbitrator's fees and costs at the discretion of the Arbitration Judge.

Ill. R. Cir. Ct. McHenry Cnty. 17.04