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The County of DuPage
Wheaton, Illinois
 

Court Rules - Criminal Proceedings - General

IV. CRIMINAL PROCEEDINGS

ARTICLE 30: GENERAL

30.01 APPLICABILITY OF RULES

(a) Except where clearly indicated otherwise, the rules contained in Article 30 shall be applicable to all cases assigned to the Felony, Misdemeanor and Traffic Divisions, as set forth in Rule 1.01(a).

(b) The rules contained in Article 30 shall be read in conjunction with applicable rules contained in Articles 31 through 39 of the Local Rules.

30.02 MOTIONS GENERALLY; NOTICE

(a)  Unless otherwise dictated by statute or Supreme Court Rule, any application for an order or other relief shall be made by filing a motion.  The title to each motion shall indicate the relief sought and the applicable section of the Code of Criminal Procedure or Supreme Court Rule. 

(b)  Hearing:  With the exception of emergency matters, no motion shall be heard unless previously scheduled for hearing with the Court or with the Court’s secretary. 

(c)  Content of Notice:  Every motion which is not filed in open court shall be accompanied by a notice of motion.  The notice shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the date when the motion will be presented, the time it will be presented, the courtroom where it will be presented, and the purpose of the motion, including the requested relief. 

(d)  Time of Notice:  If notice of motion is given by personal service, the notice and motion shall be served by 4:00 p.m. of the second court day preceding the date when the motion will be presented.  Notice by mail shall be completed as provided by Supreme Court Rule 12.  Notices served by Facsimile transmission (FAX) upon those parties or attorneys who have consented to service by FAX in accordance with Illinois Supreme Court Rule 11 shall be completed as provided by Supreme Court Rule 12. 

(e)  The opposing party may waive notice and/or the requirement that the motion be presented in writing.  Said requirements may also be waived if the Court determines they are unnecessary based on the relief requested. 

(f)  Motions not presented or supported by the moving party when called, pursuant to notice, may be stricken. 

 30.02A CONTESTED MOTIONS

(a)  For purposes of Rules 30.02 and 30.02A, any motion which is opposed is a contested motion and will be heard at a time designated by the Court. 

(b)  Every motion, and each basis in the motion, brought pursuant to the Code of Criminal Procedure or Supreme Court Rule shall be identified by the Code of Criminal Procedure section and/or the Supreme Court Rule number under which it is brought. 

(c)  For every contested motion there shall be delivered to the chambers of the assigned judge by the party filing same, at least three days prior to the date for hearing: 

(1)  The motion, response, reply; 

(2)  All cases and other authorities cited in the pleading or which will be argued.    

(d)  No motion or writing in support of or in opposition to a motion shall exceed ten (10) pages in total length (excluding supporting documents) without prior leave of court. 

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion. 

All documents submitted shall be double spaced and shall contain margins of at least one (1) inch at the top, bottom and each side.  Type shall be no less than a twelve (12) point font. 

(e)  The Court may strike or refuse to consider motions which do not comply with the requirements of this rule.  

30.03 JOINDER AND TRANSFER OF CASES

(a) All criminal charges of all defendants arising out of a single incident, including ordinance violations, shall be written into a single court on a single date. All matters shall be set in the division that would hear the most serious offense.

(b) All cases filed against a given defendant at the same time, regardless of case category, shall be assigned to the same courtroom, except as otherwise provided by administrative order.

(c) It shall be the responsibility of each judge to identify companion cases and to have them transferred to one courtroom, through the office of the Presiding Judge of the appropriate division.

(d) Upon the motion of either the prosecuting authority or the defendant for inter-division transfer of subject type cases for the purpose of proffering a plea agreement and disposition of all cases, the motion shall be made before the assigned judge for transfer to the Presiding Judge of the division in which the most serious charge is pending. The Presiding Judge shall decide the motion to transfer. In the event the motion to transfer is granted, all the cases shall be transferred to the judge assigned to the pending case with the most serious class of offense to accept or reject the proffered plea agreement.

(e) Upon the motion of any prosecuting authority or the defendant for intra-division transfer of subject type cases for the purpose of proffering a plea agreement and disposition of all cases, the cases shall be transferred to the assigned judge with the most serious class of offense or if the charges are of equal seriousness, the transfer will be to the assigned judge with the oldest case to decide the motion to transfer and to accept or reject the proffered plea agreement.

(f) Cases involving a single defendant shall be randomly assigned, and unless otherwise ordered, shall remain so assigned throughout the pendency of the case, including any term of supervision, conditional discharge or probation.

Any single defendant who has a pending case or who is currently on supervision, conditional discharge or probation in a felony courtroom shall have the new felony case assigned to the judge currently assigned to the oldest file.

(g) Felony cases involving co-defendants, defendants jointly charged or indicted, shall be heard by the same judge, and on motion of the court all co-defendants in a single case shall be transferred to the judge to whom the lowest numbered case is assigned. Any recusal or motion for substitution of judge filed by one co-defendant shall act to transfer all co-defendants.

(h) Failure to transfer cases in accordance with Rule 30.03 shall not be grounds for dismissal of criminal or quasi-criminal charges, unless justice so requires.

30.04 REASSIGNMENTS

(a) Reassignments of pending CF, CM, TR and OV cases and any cases companion thereto shall be made at the discretion of the Presiding Judge of the division in which the most serious charge is pending, who when ordering said reassignments shall do so in accordance with Rules 1.24, 30.03(d) and 30.03(e) and be guided by the following criteria:

(1) Desirability of preserving manageable caseloads;

(2) Desirability of equalizing workloads among judges; and

(3) Desirability of assigning cases to only those judges who normally hear that category of cases which is the subject of the reassignment.

(b) Cases in any division may be transferred for disposition in the courtroom that has the most serious offense, or if the charges are of equal seriousness, the transfer will be to the assigned judge with the oldest case, with the concurrence of all parties and the receiving judge, without the concurrence of the Presiding Judge of the respective division.

30.05 DEFENDANT'S APPEARANCE BY A TWO-WAY AUDIO/VIDEO COMMUNICATION SYSTEM

A criminal defendant may appear in court at pre-trial and post-trial proceedings by way of a two-way audio/video communication system, so long as the following conditions are met:

1. The Defendant is incarcerated; and

2. The Director of Corrections, Sheriff, or other authority has certified that facilities, including a secure line over which the defendant and the defense attorney may communicate, are available for this purpose; and

3. The court appearance is for one or more of the following purposes:

A. The initial appearance before a judge on a criminal complaint, at which bail will be set;
B. The waiver of a preliminary hearing;
C. The arraignment on an information or indictment at which a plea of not guilty will be entered;
D. The presentation of a jury waiver;
E. Any status hearing; and
F. Any hearing conducted under the Sexually Violent Persons Commitment Act at which no witness testimony will be taken.

To protect the defendant's underlying constitutional rights, a criminal defendant shall be physically present in court during witness confrontation, the presentation of a defense, impaneling of a jury, and a plea of guilty, unless these rights have been lawfully waived.

This Rule is drafted under the authority of 725 ILCS 5/106D-1, 725 ILCS 5/109-1, and People v. Willie E. Lindsey, 201 Ill. 2d 45 (2002) and People v. Stroud, 208 Ill. 2d 398 (2004). Defendant must waive right to be in court for plea of guilty. Without waiver and admonishment, plea of guilty is vacated.

30.06 DEFENDANT'S DEMAND FOR SPEEDY TRIAL

(a) All demands for trial, pursuant to the Code of Criminal Procedure [725 ILCS 5/103-5(b)], shall be made in the following manner:

(1) In writing with proper caption and case number signed and dated by the defendant or the defendant's attorney;

(2) A copy of the demand shall be served on the State's Attorney in any manner permitted by Supreme Court Rules 11 and 12; and

(3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State's Attorney.

(4) Notice of the demand shall be given to the assigned judge within 7 days following the filing of any speedy trial demand.

(b) The requirements of Rule 30.06 are mandatory and a demand for trial that does not comply with the foregoing shall not be recognized unless the Court finds that the State had actual notice of defendant's trial demand and that the interests of justice require recognition of such demand.

30.07 MOTION DAYS

Motion days will include arraignments, motions of course, pleas and status hearings. Contested motions requiring evidentiary hearings will be scheduled according to the assigned judge's trial calendar.

30.08 FUTURE COURT DATES

(a) All pending, reactivated and reinstated cases coming before the Court on any given day must be given a future court date, however, no future date is required in cases where a warrant for defendant's arrest has been issued and remains outstanding.

(b) No pending, reactivated or reinstated case appearing before the Court on any given date (whether on the official court call or an add-on) shall be "stricken from the call" or "stricken" or "taken off call" unless there is a future court date already set or there is an outstanding warrant.

(c) Upon setting a future court date, the purpose of the future court date shall be specified.

30.09 CONTINUANCES

(a) As provided by law, a party may move for a continuance as provided in the Code of Criminal Procedure (725 ILCS 5/114-4) and applicable Supreme Court Rules.

(b) Addition or Substitution of Attorneys: A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except by good cause shown by motion and affidavit.

(c) In a case in the Traffic Division where there are witnesses, the Court shall inquire when the case is called whether the witnesses are present. If a defendant fails to appear in court, the witnesses may be excused by the Court. If the defendant appears in court after the witnesses have been excused, the case shall be continued to another date. The judge also shall order sanctions against the defendant where it appears that the defendant's conduct was contumacious or designed to frustrate the legitimate ends of justice. Sanctions may include but are not limited to the revocation of the defendant's bond and ordering defendant held in custody until the next trial date.

30.10 PLACING OF CF, CM, DV, OR TR FILINGS ON THE COURT'S CALL

At the time of filing any motion, pleading or other document in any CF, CM, DV or TR file, the person filing the motion must place the case on the court's call for a date within 30 days of the date of filing.  In the case of motions, pleadings or other documents that are received by the Circuit Clerk by mail and which are filed, the Circuit Clerk shall place the matter on the court's call within 30 days of the date of filing.

30.11 APPEARANCE OF COUNSEL AND PRIORITY IN COURT CALL

(a) An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

(b) All cases where the defendant is represented by an attorney shall have priority during the court call. Cases in which the defendant is not in custody shall be called by the clerk in the order in which attorneys have checked in with the clerk. Attorneys must check in prior to the start of the court call and must remain in that courtroom until their case is called.

30.12 (RESERVED)

30.13 WAIVER OF TRIAL BY JURY

If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.

30.14 REPEALED

30.15 CONTROL OF EVIDENCE IN CRIMINAL COURTS

Exhibits received in evidence shall be retained by the Clerk of the Circuit Court, unless otherwise ordered by the trial court.

30.16 PETITIONS TO EXPUNGE RECORDS OF ARREST

(a) Any petition to expunge records of felony or misdemeanor arrest from official records pursuant to 20 ILCS 2630/5 or 730 ILCS 5/5-6-3.1 shall be in writing and shall be brought before the Presiding Judge of the Felony Division or of the Misdemeanor Division, respectively, who may, in the Presiding Judge's discretion, enter an order expunging the record of arrest.

(b) Notice of the petition shall be served upon the appropriate prosecuting authority.