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The County of DuPage
Wheaton, Illinois
 

Court Rules - Civil Proceedings - Trial Practice

II. CIVIL PROCEEDINGS

ARTICLE 9: TRIAL PRACTICE

9.01 LITIGANTS TO BE PRESENT IN COURT

All litigants shall appear with their counsel at the time any case is called for trial.

9.02 MOTIONS IN LIMINE

All motions in limine must be presented in writing, unless the grounds arise or become apparent during the course of the trial.

9.03 JURY SELECTION

Statement of the Nature of the Case: In all civil jury cases, the plaintiff's attorney shall prepare and submit to the Court and to each opposing party a Statement of the Nature of the Case. The statement shall include the time, date and location of the alleged transaction or occurrence giving rise to the lawsuit, a brief description of the alleged transaction or occurrence, the name and city of residence (or business) of each of the parties involved and of their attorneys, and a list of witnesses whom the parties expect to call. Opposing counsel may suggest amendments to the statement.

9.04 WAGE DEDUCTION PROCEDURE

The 18th Judicial Circuit has adopted the following local procedures to be utilized when seeking a wage deduction summons:

(a) At the time of the issuance of a Wage Deduction Summons the Circuit Court Clerk shall set a "turnover date" on the calendar of the assigned judge, unless the judgment creditor or the judgment creditor's attorney specifically requests that no "turnover date" be set. The "turnover date" shall be at least 21 days from the return date of the summons.

(b) Where the judgment creditor or the attorney for the judgment creditor waives the setting of a "turnover date" at the time of the issuance of the Wage Deduction Summons, the judgment creditor or attorney for the judgment creditor shall thereafter send Notice of Motion to the judgment debtor and the employer of the date for entry of a "turnover" order.

(c) Upon the filing of a Notice of Motion for a Wage Deduction Exemption Hearing by the judgment debtor, the Circuit Clerk shall assign a hearing date to coincide with the "turnover" order previously set. In the event no "turnover" order has been set, the Circuit Clerk shall assign a hearing date not less than twenty-one (21) days from the return date of the summons.

(d) It shall be the responsibility of the judgment debtor or the attorney for the judgment debtor to send notice of the hearing to the judgment creditor, attorney for the judgment creditor and the employer. Failure of the judgment creditor to appear will result in the dismissal of the garnishment proceeding.

(e) When an employer seeks to vacate a conditional judgment, the employer shall file an answer at the time the employer files the employer's motion to vacate, and must send Notice of Motion, together with the employer's answer and motion to vacate the conditional judgment, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

(f) The forms to be used are available through the Office of the Circuit Court Clerk of the 18th Judicial Circuit.