3.01 Civil Division Assignments-Winnebago County 3.02 Reserved 3.03 Appointment of Special Administrators or Special Representatives 3.04 Reserved 3.05 Reserved 3.06 Forcible Entry and Detainer - Motions Directed Against Eviction Orders 3.07 Petition to Subpoena Witnesses 3.08 Briefing Schedules - Civil Division 3.09 Probate - Guardian Ad Litem - Rate of Compensation 3.10 Evictions - Summons Attachment 3.01 Civil Division Assignments-Winnebago County The civil division shall hear matters concerning the following: Law Arbitration Chancery Law Magistrate Eminent Domain Tax Government Corporation Probate Guardianship Small Claims Eviction Foreclosure Miscellaneous Remedy Mental Health Domestic Relations (for the purposses of enforcing financial judgments) Family (for the purposes of enforcing financial judgments). Judges assigned to the Division Judges Lisa R. Fabiano, Gwyn Gulley, and Ronald A. Barch are assigned full time to the Civil Division. Judges Erik K. Jacobs and Stephen E. Baligh are assigned part-time to the Civil Division. In addition to the above assignments, the Chief Judge may also assign any Circuit or Associate Judge to any individual case or call as the Chief Judge deems appropriate. Amended: 04/22/2024 Back to the Top 3.02 Reserved Back to the Top 3.03 Appointment of Special Administrators or Special Representatives The following procedures are to be followed whenever a party seeks appointment of a Special Administrator under the Wrongful Death Act, 740 ILCS 180/2.1, or a Special Representative under 735 ILCS 5/2-1008 or 735 ILCS 5/13-209: Contemporaneous with filing of suit. Where no suit has yet been filed, and the party seeking appointment is prepared to file suit on the same day that the appointment is made, the petition, order of appointment, and any other related documents shall be filed as part of the contemporaneously filed civil case (with no additional fee to be paid). The request for appointment may be brought before any available judge in the Civil Division. Notice shall be as prescribed by the appointing judge. Appointment without filing suit. Where a party seeks appointment but does not intend to contemporaneously file suit, the petition for appointment should be filed as a Miscellaneous Remedies (M.R.) case. The M.R. file is to be closed immediately upon the issuance of an order of appointment. The request for appointment may be brought before any available judge in the Civil Division. Notice shall be as prescribed by the appointing judge. If and when a civil case is brought by the appointed representative, it shall be filed as would any new civil filing and assigned by the Circuit Clerk as the appropriate case type (e.g., L, AR, SC.) Appointment in relation to pending suit. Where appointment is sought in relation to a deceased party in a pending case, the petition for appointment should be filed in the pending case and placed on the assigned judge’s motion call with appropriate notice. The foregoing rules do not apply to appointment of a personal representative (i.e., guardian, executor, or administrator) in a probate estate. Updated 1/24/2017 Back to the Top 3.04 Reserved Back to the Top 3.05 Reserved Back to the Top 3.06 Forcible Entry and Detainer - Motions Directed Against Eviction Orders Motions directed against eviction orders in FED cases will be set by the Clerk at the first available date in the applicable courtroom (including any fee waiver applications filed in connection with the motion). Amended: 1/17/2018 Back to the Top 3.07 Petition to Subpoena Witnesses A petition filed pursuant to Supreme Court Rule 204 (b) shall have the effect of commencing a proceeding in the court in which it is filed. The petitioner shall pay the same fee as if commencing a civil action. The circuit clerk shall assign a "miscellaneous" file number. Such proceedings shall be conducted in accordance with the Illinois Supreme Court Rules governing discovery. Last Updated: 9/92 Page: 3-H Back to the Top 3.08 Briefing Schedules - Civil Division Briefing Schedules - Civil Division Whenever an order is entered by a circuit judge setting a briefing schedule on a motion, the circuit clerk will: Transmit a copy of the Brief Scheduling Order to the circuit judges' secretary; Deliver all briefs, responses, and replies to the circuit judges' secretary as received. After entry of a Brief Scheduling Order, the circuit judges' secretary will: Open and maintain a "brief file", separate and apart from the court file; Note the attorneys of record on the secretary's copy of the Brief Scheduling Order; Establish a diary system in accordance with the Brief Scheduling Order; Monitor the deadlines; Provide the appropriate circuit judge with the "brief file" containing all of the briefs, and the court file, upon the completion of the briefing schedule. Last Updated: 9/92 Page: 3-I Back to the Top 3.09 Probate - Guardian Ad Litem - Rate of Compensation The current rate of compensation for legal services as guardian ad litem or appointed counsel is $180.00 per hour except in cases where a party has been granted a waiver of court fees and compensation is set at the minimum rates established by Illinois Supreme Court Rule 299. Amended 3/23/2016 Back to the Top 3.10 Evictions - Summons Attachments WHEREAS, the Illinois Supreme Court issued an order in M.R. 32420 on September 30, 2024, concerning the subject of a State Funded Court-Based Rental Assistance Program, IT IS HEREBY ORDERED that, until further order of the Court: In residential eviction cases, plaintiff shall include the Court-Based Rental Assistance Program notices in English and Spanish, in substantially the form set forth in M.R. 32420. Said notices shall be served with the complaint and attached to each residential eviction summons, and included with filings to the Clerk of the Circuit Court. Enacted: 10/01/2024 Back to the Top
