Ill. R. Cir. Ct. Will Cnty. 4.04

As amended through September 23, 2024

Rule 4.04 - Notice of Hearing of Motions

A. Appearances

All pro se parties and attorneys shall file a written appearance before either addresses the Court, unless presenting a motion for leave to appear by intervention or otherwise. Any applicable appearance fee shall be paid when the appearance is filed except as otherwise ordered by the Court.

B. Notice Required

Except in actions appearing on the daily trial call or during the course of trial, written notice of the hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.

C. Content of Notice

The notice of hearing shall be directed to the Motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. All motions shall be in writing, and a copy of the motion and a statement that it has previously been served upon all counsel of record shall be served with the notice and filed with the Clerk.

D. Summary Judgment

1. With each motion for summary judgment filed pursuant to 735 ILCS 5/2-1005; the moving party shall serve and file:

a. The pleadings, deposition, admissions, affidavits, and their supplemental materials which support/ oppose the motion.

b. A statement of material facts as to which the moving party contends there is no genuine issue.

The statement of material facts shall consist of short numbered paragraphs, including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials the moving party relies upon to support the facts set forth in that paragraph.

Failure to submit such a statement constitutes grounds for denial of the motion.

2. Opposing Party

Each party opposing a motion pursuant to 735 ILCS 5/2-1005 shall serve and file:

a. Any opposing affidavits and other materials in support of their opposition of the motion;

b. A concise response to the movant's statement of material facts which shall contain:

1. Numbered paragraphs, each corresponding and stating a concise summary of the paragraph to which it is directed: and,

2. A response to each numbered paragraph in the moving party's statement of material facts, including, in the case of any disagreement, specific references to the affidavit, parts of the record and other supporting materials relied upon; and,

3. A statement, consisting of short numbered paragraphs of any additional facts that require the denial of summary judgment, including references to affidavits, parts of the record and other supporting materials relied upon.

If additional material facts are submitted by the opposing party pursuant to section, the moving party may submit a concise reply in the same form prescribed above.

All motions for summary judgment shall be filed no later than sixty (60) days before the scheduled trial or arbitration hearing date, except by prior leave of Court for good cause shown.

E. Dispositive Motions

All Dispositive Motions shall be filed no later than sixty (60) days before the scheduled trial or arbitration hearing date, except by prior leave of Court, for good cause shown.

Ill. R. Cir. Ct. Will Cnty. 4.04

Effective 11/30/2015; Revised 10/1/2023.