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The County of DuPage
Wheaton, Illinois
 

Court Rules - Administration of the Court - General Rules

I. ADMINISTRATION OF THE COURT

ARTICLE 1: GENERAL RULES

1.01 - GENERAL RULES

(a) Applicability: The General Rules apply to both civil and criminal proceedings. The Rules of the Circuit Court of the 18th Judicial Circuit, together with the Illinois Supreme Court Rules [not chaptered in ILCS], the Code of Civil Procedure (ILCS Ch. 735), and the Code of Criminal Procedure (ILCS Ch. 720), govern all proceedings except to the extent that the procedure in a particular kind of action is specifically regulated by a statute other than as therein provided.

(b) Construction: The Rules of the Circuit Court of the 18th Judicial Circuit are to be construed in accordance with the appropriate provisions of an Act to revise the law in relation to the construction of statutes, approved March 5, 1874, as amended (5 ILCS 70/1 et seq.), and in accordance with the standards stated in Paragraph 1-106 of the Code of Civil Procedure (735 ILCS 5/1-106).

(c) Enforcement: The Court shall enforce all rules and orders necessary to compel compliance with the Rules of the Circuit Court of the 18th Judicial Circuit and may apply remedies provided in Supreme Court Rules 21(c) and 219(c), as well as such sanctions, as passing the matter to the end of the call, striking it from the call or continuing it to a later date.

(d) Gender: When used in the Rules of the Circuit Court of the 18th Judicial Circuit, words or phrases that import the masculine or feminine genders shall be construed to include all genders, unless such construction would be inconsistent with the manifest intention of the context.

(e) Effective Date: These Rules of the Circuit Court of the 18th Judicial Circuit shall become effective upon the approval of the Court Judges. At least once each year, the Rules Committee shall be assigned to review the Rules of the Circuit Court of the 18th Judicial Circuit and recommend changes to the Circuit Judges.

(f) The following short titles shall be used throughout the Rules of the Circuit Court of the 18th Judicial Circuit:

(1) Code of Civil Procedure (735 ILCS 5/1-101 et seq.);
(2) Code of Criminal Procedure (725 ILCS 5/100-1 et seq.);
(3) Criminal Code (720 ILCS 5/1-1 et seq.);
(4) Supreme Court Rules (not chaptered in ILCS);
(5) Unified Code of Corrections (730 ILCS 5/1-1-1 et seq.);
(6) Rules of the Circuit Court of the 18th Judicial Circuit [Local Rule(s) or Rule(s)].

1.02 POWER OF COURT TO ADOPT RULES

(a) These Rules are promulgated pursuant to the Code of Civil Procedure, 735 ILCS 5/1-104(b) and Supreme Court Rule 21(a).

(b) These Rules shall become effective upon the approval of the Court Judges. All prior Rules of the Circuit Court for the 18th Judicial Circuit are hereby  repealed.  Amendments and revisions to these Rules shall become effective as provided by administrative orders.

1.03 COURT REPORTING SERVICES 

(a) Employees

(1) The number of court reporting services employees designated to serve the circuit shall be determined by the "employer representative" as defined by 705ILCS 70/1.

(2) The Chief Judge shall appoint employees to vacant court reporting services positions, consistent with Supreme Court Rule 46 and The Administrative Regulations of 7/1/2014, as amended, which employees shall serve at the pleasure of the Chief Judge.

(3) The Chief Judge, or the Administrator of Court Reporting Services under the direction of the Chief Judge, shall assign all such employees to their duties, consistent with Supreme Court Rule 46, The Administrative Regulations of 7/1/2014 and general administrative powers.

(b) Electronic Recording

(1) Electronic reporting systems have been approved for use and installed in this Circuit. Pursuant to subparagraph (a)(3) above, court reporting services employees shall be assigned to be trained and to operate the electronic recording systems.

(2) The production of the physical medium storing the electronic recording of any court proceedings shall be monitored by trained court reporting services employees who shall certify that each retained electronic recording was fully and accurately recorded at the time and place indicated. Said certification shall be affixed to and accompany the electronic recording medium, and the medium shall be securely preserved in an unaltered and unalterable condition.

(3) Digital computer recordings of testimony are created for only one purpose. That purpose is to preserve the words spoken in formal courtroom proceedings, hearings and trials in a particular case, so that a transcript - the official record - may be subsequently produced. The digital computer recordings are owned by the Circuit Court of the 18th Judicial Circuit, and may only be used pursuant to rule.

(4) Any spoken words in the courtroom that are not a part of a proceeding, hearing or trial of a specific case are not intended recordings; other than by authorized operators of the CourtSmart system to orient themselves on recording content, they may not be listened to or used in any way.

(5) Playback of any portion of the computer recording of a proceeding, hearing, or trial of a specific case is authorized in only four situations:

(i) During the proceeding, hearing or trial at the direction of the Judge;

(ii) By a court reporting services employee for the purpose of creating a transcript as the Official Record;

(iii) At the direction of the Court for the use of the Court;

(iv) Pursuant to the procedure for when the accuracy of transcript is questioned outlined in (c)(3) below.

(6) In all other instances, the contents of the electronic recording medium shall be disseminated by transcript only, which transcript, and not the medium, shall be the official record. Only the Chief Judge may authorize exceptions to these rules upon good cause shown.

(c) Transcripts

(1) A request for a transcript, from either the electronic recording systems or from a court reporting services employee, is obtained by completing a "Transcript Request Form", available in the court reporters' office.

(2) Transcripts generated from the electronic recording systems shall be prepared in accordance with applicable statutory authority, rule and administrative regulation and shall utilize the following certification:

I, __________, certify the foregoing to be a true and accurate transcript of the electronic
recording of the proceeding of the above entitled cause, which recording contained the
operator's certification as required by Local Rule 1.03(b)(2).

_____________________
(Signature)
_____________________
(License or Restricted License Number)

Date: ________

(3) If the accuracy of a certified transcript generated from the electronic recording system is questioned, the following procedure shall be used:

(i) Every challenged portion of the transcript shall be identified in writing and provided to the Administrator of Court Reporting Services. A copy of the challenged portion of the transcript shall be given to the certifying court reporting services employee to make the necessary corrections.

(ii) If the certifying court reporting services employee and the person challenging the transcript's accuracy cannot agree upon the challenged portions, those portions shall be identified in writing and provided to the Administrator of Court Reporting Services.

(iii) The Administrator of Court Reporting Services shall cause identified portions to be reviewed against the archived electronic recording for accuracy, and designate necessary corrections to be made by the certifying court reporting services employee.

(iv) If the certifying court reporting services employee, in good faith, is unable to certify the corrections designated, the dispute will be placed before the judge that heard the transcribed proceeding, with notice to all necessary parties.

(v) The certifying court reporting services employee shall personally appear and present the questioned transcript. The Administrator of Court Reporting Services shall present the disputed corrections, along with a digital recording of the proceedings. The judge shall review the material presented, make any necessary changes in the certifying reporter's transcript, and issue a court order certifying the transcript as accurate.

(4) Transcripts generated from stenographic notes shall be prepared and certified by qualified official court reporting services employees pursuant to relevant statute, regulation and rule and are not affected by subparagraphs (b), (c)(2) and (c)(3) above.

(5) Unless specifically authorized by court order to the contrary, only a transcript certified by one of the official court reporting services employees of this Circuit is the Official Record. The Official Record shall be given preference for use in all courtrooms and as a part of the Record on Appeal for any case from this Circuit.

(d) Authority

This Rule, written pursuant to Supreme Court Rule 46, adopted 12/3/2005, incorporating The Administrative Regulations: A Comprehensive Document Governing Reporting Services for Illinois Courts, has been amended effective 7/1/2014.

1.04 through 1.18 (RESERVED) 

1.19 MEETINGS

Where practicable, the Circuit Judges shall meet at least once every two months, on the call of the Chief Judge, to consider the business of this Court and to take such action as is required. A special meeting may be called at any time by the Chief Judge or by any two Circuit Judges. (amended eff. 1/13/10)

1.20 SELECTION OF A CHIEF JUDGE

(a) A majority of the Circuit Judges shall select, by secret ballot, one of their number to serve as Chief Judge for a three-year term commencing the first Monday in December of 1996 and shall select a Chief Judge in like manner every three years thereafter. The election shall be held in September of each election year on a date established by the Chief Judge with at least fifteen (15) days written notice.

(b) A Circuit Judge elected to the office of Chief Judge may not serve more than one consecutive three-year term and no Circuit Judge who was elected Chief Judge to fill a vacancy the term of which will not expire for 24 months or more shall be elected to a succeeding three-year term.

(c) Acting Chief Judge: The Chief Judge shall appoint one of the Circuit Judges to act as Chief Judge in the Chief Judge's absence, who shall have the same powers and duties as Chief Judge. In the event the Acting Chief Judge is also unavailable, the most senior Circuit Judge on the premises shall act as Chief Judge.

(d) Vacancy: Whenever a vacancy occurs in the office of Chief Judge, any two Circuit Judges may call a meeting of the Circuit Judges on seven (7) days notice to select a Circuit Judge to fill such vacancy in the same manner as in (a).

1.21 AUTHORITY OF THE CHIEF JUDGE

(a) The Chief Judge may enter any general orders in the exercise of the Chief Judge's general administrative authority, including but not limited to orders providing for the assignment of judges, general or specialized divisions, and times and places of holding court, as provided by applicable statutes (e.g., 735 ILCS 5/1-104), Supreme Court Rules (e.g., Illinois Supreme Court Rule 21), or Local Rules. The Chief Judge may appoint personnel to assist in the performance of the Chief Judge's duties.

(b) The Chief Judge may, from time to time, as the Chief Judge deems appropriate, issue administrative orders in accordance with Supreme Court Rule 21(b).

(c) Copies of all administrative orders issued by the Chief Judge shall be filed with the Circuit Clerk, who shall maintain them as permanent court records. All such administrative orders shall be available for inspection as public records, pursuant to the Freedom of Information Act, 5 ILCS 140/1 et seq.

(d) All administrative orders relating to Judicial and case assignments shall be submitted for publication in a local paper on or before their effective date, if practical.

1.22 (RESERVED) 

1.23 MOTION FOR SUBSTITUTION OF JUDGE FOR CAUSE 

(a) Except for cases assigned to one of the Field Courts, the following procedure shall be followed in all cases in which a Motion for Substitution of Judge for Cause has been filed:

(1) All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

(2) After a Motion for Substitution of Judge for Cause is filed, the named judge shall after determining that the petition meets the applicable statutory and legal requirements for a hearing, immediately transfer the motion to his or her Presiding Judge for assignment or hearing. A Motion for Substitution of Judge for Cause naming a Presiding Judge shall be transferred to the Chief Judge for assignment or hearing.

(3) Without leave of court, no judge may be subpoenaed to testify at the hearing on a Motion for Substitution of Judge for Cause. The judge named in the motion need not testify, but may submit an affidavit if the judge wishes. 

(4) If the Motion for Substitution of Judge for Cause is granted, the case shall be assigned to another judge within the Division, or if the motion is heard by the Chief Judge, he or she may retain the case.

(b) When a Motion for Substitution of Judge for Cause has been filed in a case assigned to the Field Courts, all of the above rules shall apply, except the case shall be transferred to the Presiding Judge of the Traffic Division on a date approximately two weeks following the motion's presentment, at which time the motion shall be heard. If the motion is denied, the case shall be transferred back to the originating Field Court on the arresting officer's next regular court date. If the motion is granted, the case shall be transferred to the misdemeanor courtroom assigned to hear cases from the originating Field Court. (amended eff. 7/13/11)

1.24 AUTHORITY OF PRESIDING JUDGES - REVOKED (eff. 7/13/11)

1.25 ATTORNEY REGISTRATION - ADDRESSES OF PARTIES AND ATTORNEYS

(a) The Clerk of the Circuit Court shall maintain a master attorney registration file with a computer identification number in such manner the Clerk deems necessary to properly identify the attorneys of record in a matter pending before the Court.

(b) Every attorney at law practicing before this Court shall register with the Clerk of the Circuit Court and obtain an attorney registration identification number.

(c) The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include thereon an attorney identification number.

(d) All attorneys shall file an appearance with the Clerk before addressing the Court on behalf of any represented party. If the matter involves a post-trial motion for the enforcement of a judgment, an appearance fee charged by the Clerk shall be waived.

1.26 HANDLING OF ALL WRITS IN CRIMINAL PROCEEDINGS

Upon the issuance of any writ or process, the Clerk of the Court shall promptly deliver said writ or process to the Sheriff, or to such person as the law directs, for service.

1.27 APPEARANCE OF COUNSEL

An attorney representing a party in any civil or criminal matter shall file an appearance before addressing the Court.

1.28 JUDICIAL SUPERVISION OF THE USE OF EAVESDROPPING DEVICES

To provide uniformity in judicial discretion contained in 725 ILCS 5/108A-7 and 108A-8, the Court directs as follows:

(a) All original applications and orders of authorization for the use of eavesdropping devices, or denial orders, shall be retained by the Court and delivered to the Clerk of the Court who shall take custody thereof, assign a file number and impound the file subject to further order of the Court.

(b) Within seven (7) days following the expiration time period stated in the order of authorization, the State's Attorney shall advise the Court as to the names of the persons whose communications were intercepted; produce any recordings made; and advise the Court of any other information the Court shall require.

(c) The State's Attorney shall then, upon being ordered by the Court, give notice to persons whose communications have been intercepted and a copy of said notices shall be filed with the Clerk of the Court.

1.29 DECISIONS WITHIN SIXTY (60) DAYS

(a) All judges are encouraged to render their decisions promptly when matters are ready for decision, and except as hereinafter provided, no judge of this Circuit shall keep a matter under advisement or fail to render a decision in a matter submitted to that judge for a period of time greater than sixty (60) days from the date such matter is taken under advisement.

(b) For the purposes of Rule 1.29, a matter is taken under advisement:

(1) If the issue to be decided is a factual issue, at such time as the proofs have been closed;

(2) If the issue to be decided is a legal issue, at such time as the Court has received briefs as may have been ordered by the Court and heard arguments as may have been ordered;

(3) If the issues are both factual and legal, it shall be considered as if the case involved legal issues only, after the proofs have been closed.

(c) Any case taken under advisement which has not been decided by the sitting judge within sixty (60) days after being taken under advisement shall be reported by the Presiding Judge to the Chief Judge together with an explanation of the reason such decision has not been rendered.

 

1.30 PHOTOGRAPHING, RECORDING, BROADCASTING OR TELEVISING IN OR NEAR COURTROOMS 

(a)  Pursuant to Supreme Court Rule 63A(7), amended December 5, 2003, it is hereby ordered that the taking of photographs, audio or video recordings, or broadcasting by radio, television or other electronic means, in connection with any judicial proceeding, in any courtroom or in areas immediately adjacent to any courtroom, including public hallways, of any courthouse of this circuit are prohibited.  This prohibition includes the audio or video transmissions or recordings of judicial proceedings made by telephones, personal data assistants, laptop computers, cellular telephones and other wired or wireless data transmission and recording devices.  (amended eff. 08/01/10)

(b)  Anyone found using equipment to record or transmit court proceedings in violation of this rule shall be subject to prosecution for Contempt.

As used in this rule, a personal electronic device is a piece of equipment that has audio capabilities only and is incapable of video recordation or broadcast.  Such devices include but are not limited to cell phones, laptops, dictation machines and personal digital assistants.  Personal electronic devices are permitted in the Judicial Office Facility for use outside of courtrooms, so long as such use does not interfere with the intended public use of those areas and does not involve the recording or broadcasting of judicial proceedings.  All personal electronic devices brought into a courtroom must be turned off, unless the judge specifically orders otherwise.

(c)  Access to the Judicial Office Facility shall not be denied to the following persons possessing cellular telephones, personal digital assistants and/or laptop computers equipped with cameras or recoding capabilities:

1.  Judicial Office Facility employees with DuPage County-issued identification badges;
2.  Licensed attorneys who have been issued DuPage County identification badges;
3.  Licensed attorneys upon presentation of a current valid Attorney Registration and Disciplinary Commission card along with photo ID;
4.  Jurors upon presentation of a valid Jury Summons or jury badge.  Jurors will be allowed to bring cellular telephones, personal digital assistants and /or laptop computers equipped with cameras or recording capabilities into the jury lounge area of the Judicial Office Facility, but will be denied access to those devices once selected for voir dire or service on a jury.

5.  Persons authroized by a judge with a court order specifying the type of equipment to be permitted into the courthouse and for what time period.

Except for the above, nothing in the rule shall impinge on the authority of the Sheriff of DuPage County to deny access to any person possessing cellular telephones, personal digital assistants and/or laptop computers in the interest of preserving public safety. (amended 08/01/10)

(d)  The provisions of Rule 1.30 (a) and (b), shall apply with regard to court proceedings, except that:

 (1)  Court Reporting Services Employees may make recordings of courtroom proceedings in the performance of their regular duties;

 (2)  Incidental to ceremonial proceedings, any judge of this circuit, with the permission of their Presiding Judge or the Chief Judge may permit the taking of photographs, audio or video recordings, and broadcasting by radio and television, within the area of the judge's courtroom, chambers or court offices;

  (3)  In special circumstances as authorized by the Chief Judge. (amended 08/01/10)

 (e)  The purpose of this rule is to implement the provisions of the Supreme Court Rules and for the orderly administration of justice.  Rule 1.30 shall not be applied in such a way as to conflict with any Supreme Court Rule.  (amended 08/01/10)

1.31 JUDICIAL REVIEW OF LOCAL ELECTORAL BOARD DECISIONS

(a) Whenever the DuPage County Board of Elections is charged with the responsibility for printing ballots, providing election materials, or providing for absentee voting in any federal, state or local election, it shall be a necessary party to any proceeding for judicial review of decisions of electoral boards pertaining to such elections.

(b) The Petitioner in any proceeding which falls under Rule 1.31(a) shall serve upon the DuPage County Board of Elections written notice of the filing of any such proceedings within twenty-four (24) hours of the filing of the petition.

1.32 (REVOKED 11/20/01)

1.33 LAW LIBRARY RULES OF CONDUCT

The 18th Judicial Circuit and DuPage County maintain a law library for the benefit of all users of the Court system, including attorneys, litigants, law students, and all members of the general public. Significant resources are required to maintain and staff the library. Rules of library use and conduct have been promulgated to ensure access to all library resources and to secure an adequate level of service and supervision in the library. All library users are required to adhere to these rules.

  • Unauthorized removal of library materials is prohibited.
  • Library property must not be damaged.
  • Library users may not enter any unauthorized or private areas of the library.
  • Books and other library materials must be re-shelved after use.
  • Cellular phone use in the library is prohibited.
  • Food or beverages are prohibited in the library.
  • Briefcases may not be placed on the library tables.
  • Be respectful of others using the library, and avoid noisy or disruptive behavior.
  • Follow the reasonable instructions of the library staff regarding the use and access to library materials.

1.34 PROCEDURE UPON REMAND FOR FURTHER PROCEEDINGS

(a) When a reviewing court remands a case for further proceedings, and the mandate has been filed in the Circuit Court, the Circuit Court Clerk shall assign the case a remand status date within 30 days of the mandate being filed. The case shall be set in the courtroom from which the case was appealed.

(b) The Circuit Clerk shall provide ten-day notice of the remand status date by including said notice within the Notice of Reviewing Court Mandate, which Notice is currently provided to parties and attorneys of record by the Circuit Clerk pursuant to Rule.