2.01 Selection of Chief Judge 2.015 Suspension of the Rules 2.02 Presiding Judge 2.03 Judicial Meetings 2.04 Appointments 2.05 Jurors 2.06 County Law Library 2.07 Mandatory Arbitration 2.08 Court-Annexed Mediation 2.09 Court-Annexed Small Claims Mediation 2.10 Remote Court Appearances 2.11 CourtCall Telephonic Apperances 2.12 Extended Media Coverage 2.13 Mandatory Arbitration For Small Claims Actions With Jury Demands 2.14 Residential Mortgage Foreclosure Mediation Program 2.15 Jury Instructions (Civil and Criminal) 2.16 Interpretation Services 2.17 Filing and Approval of Attorney Fee Petitions2.18 Court-Annexed Eviction Mediation 2.01 SELECTION OF CHIEF JUDGE (a) Selection and Tenure. In the first week of October in which the term of a presiding chief judge is to expire, the chief judge shall call a meeting of the circuit judges. At that meeting, the circuit judges shall by confidential ballot select a chief judge to take office January 1 of the following year and serve as chief judge for two (2) calendar years, through December 31 of the second year. (b) Term Limit. A circuit judge may not serve more than 2 full consecutive terms as chief, unless the circuit judges vote to suspend the term limitation rule pursuant to Local Rule 2.015. (c) Election Procedure. The ballot shall contain the names of all the circuit judges eligible to serve, arranged alphabetically. The votes shall be tallied by the chief judge, or such other circuit judge who may be selected to make such tally, and the tally of the votes shall be announced for each round of balloting. If on any round of balloting a circuit judge receives the votes of a majority of the circuit judges, that judge shall be declared elected. (d) Removal. A majority of the circuit judges may, at any time, by written order, call a meeting, at a time and place stated, to consider the removal of the chief judge. A copy of the order shall be delivered to each judge not joining in it, at least five (5) days before the time fixed for the meeting. At the meeting the circuit judges shall vote by ballot on the question, “Shall the present chief judge be removed from office?” Upon a vote of two-thirds of the circuit judges of this circuit in the affirmative, the chief judge is thereby removed from office, and the circuit judges shall thereupon proceed to elect one of their number, pursuant to these rules, to serve as the new chief judge, to take office at once and serve until the end of the term of the chief judge removed. (e) Resignation. If the chief judge shall at any time desire to resign, upon notice, he or she shall call a meeting of the circuit judges and present his or her resignation. If the resignation is accepted, the circuit judges shall thereupon proceed to elect one of their number to serve as the new chief judge, to take office at once and serve for the remainder of the term of the chief judge resigning. (f) Vacancy. Should the office of chief judge at any time become vacant, from any cause not otherwise provided for in this rule, the acting chief judge shall call a meeting to elect a new chief judge, to take office at once and serve for the remainder of the term. (g) Acting Chief Judge. The chief judge shall appoint an acting chief judge who shall serve at the pleasure of the chief judge. The acting chief judge shall discharge all the duties of the chief judge during any incapacity or absence from the circuit of the chief judge. (f) General Administrative Authority. In the exercise of general administrative authority pursuant to Supreme Court Rule 21(b), the chief judge may enter general orders including, but not restricted to, orders providing for assignment of judges, selection and terms of Presiding Judges, general or specialized divisions, and the time and places for holding court. Such general orders shall be kept on file with offices of the Circuit Clerks in Boone and Winnebago Counties, the Chief Judge, the Presiding Judge of Boone County, the Trial Court Administrator, the Winnebago and Boone County Bar Associations and the Law Libraries of Boone and Winnebago Counties. The Trial Court Administrator shall maintain the orders as permanent court records, which shall be available for inspection as public documents. Copies of the general orders shall be available from the Trial Court Administrator for a nominal fee. (Amended 10/23/2015) Back to the Top 2.015 SUSPENSION OF THE RULES Upon vote of two-thirds of the circuit judges of the circuit, the operation of and of these local rules may be suspended if doing so is deemed to be in the best interest of the circuit. Unless exigent circumstances prevent doing so, a proposal for suspension of the rules should be set forth in writing and circulated to all other circuit judges at least (30) days before the vote on suspending the rules. (Revised 9/21/2011) Back to the Top 2.02 PRESIDING JUDGE The chief judge may appoint a circuit judge within each county of the circuit as presiding judge of that county. The presiding judge shall sit at the pleasure of the chief judge. Back to the Top 2.03 JUDICIAL MEETINGS (a) Circuit Judges The circuit judges of the 17th judicial circuit shall meet on an as needed basis on notice at a time and place designated by the chief judge. (b) Associate Judges The associate judges of the 17th judicial circuit shall meet at least once per month on notice at a time and place designated by the presiding judge of the county division. (c) Special Meetings Special meetings may be called at anytime by the chief judge, or by any two circuit judges, upon three (3) days notice in writing to all circuit judges. which notice shall state the business to come before such meeting. (d) Combined Meetings At the discretion and call of the chief judge there may be a meeting of all circuit and associate judges. (Revised 3/3/1997) Back to the Top 2.04 APPOINTMENTS No appointment of a person to office or employment may be made by the chief judge without prior consideration thereof at a meeting of the circuit judges held for such purpose. Back to the Top 2.05 JURORS (a) General Jury List Once each year, the jury commission shall in accordance with the provisions of 705 ILCS 305/310/315 prepare a jury list to be known as the general jury list to consist of all registered voters and Illinois drivers license holders possessing the necessary legal qualifications for jury duty. (b) Active Jury List An active jury list shall be drawn from the general jury list via computer as provided by 705 ILCS 305/310/315. (c) Examination of Electors The jury commissioners shall examine questionnaires completed by electors as defined by 705 ILCS 305/310/315 having been randomly selected from the active jury list. The jury commissioners shall have the power to summon electors to appear before them and to examine them regarding their qualifications for jury service, and such notice shall be sent by mail. The name of each elector approved by the commissioners for jury duty shall be placed on a qualified jury list. (d) Drawing of Venire and Summonses Upon order of the court, venires shall be randomly drawn from the qualified jury list via computer, as provided by 705 ILCS 310/8 (c). (e) Manner of Serving Summonses The Summoning of jurors, grand and petit, shall be performed in compliance with 705 ILCS 305/310/315. (f) Personal Juror Information Personal information about jurors will be sealed in the court file and only may be provided as described in General Order 9.07. (g) Grand Jurors Pursuant to 705 ILCS 35/4, the circuit judges prescribe that grand jurors be called to serve in Winnebago County on the third and fourth Fridays of January and July of each year, and in Boone County on the first Thursday of January of each year. Pursuant to 725 ILCS 5/112-3, Grand Jurors shall be summoned to appear at an appointed time. After being impaneled, sworn and instructed by the court, the grand jury shall sit at such times as the court may order, and may be recessed from time to time to a day certain or subject to recall, provided no grand jury shall be called to serve after a period of six (6) months following the day called to serve in Winnebago County and one (1) year in Boone County. (h) Petit Jurors 1. Pursuant to 705 ILCS 35/4, unless otherwise ordered by the circuit judges in both Winnebago and/or Boone Counties, not less than thirty-five (35) petit jurors shall be summoned to appear in the specified division of the 17th Judicial Circuit at the respective time, and such other days as may be designated by the chief judge or designate: a. Boone County General and County Divisions - Monday and Wednesday of the first and third full weeks of each month. b. Winnebago County Civil Division - Monday, Tuesday and Wednesday of the first and second weeks of each month. Criminal Division - Monday, Tuesday and Wednesday of each designated jury week of the month. 2. The judges of the 17th Judicial Circuit have by joint action determined that the number of persons to serve as petit jurors each year in counties not having a jury commission in the 17th Judicial Circuit, shall be as follows: Six-thousand (6,000) in Boone County. The circuit clerk in said county shall certify the number of jurors so determined to the county board of such county for selection by the board from the jury list at the September meeting of each year. (i) Excuse The chief judge or designate shall have charge of excusing summoned jurors from serving and regulating their assignments to the various judges of the 17th Judicial Circuit. (Amended 1/16/07) Back to the Top 2.06 COUNTY LAW LIBRARY a. Administration General administration of the county law libraries shall be the responsibility of the chief judge who may delegate that responsibility to another. b. Advisory Committee Pursuant to 55 ILCS 5/5-39001, the bar associations of Boone and Winnebago Counties may establish and maintain advisory committees to recommend publication purchases and general improvements for their respective county law libraries. c. County Law Library Hours The county law libraries shall be open to attorneys and the general public from 8:30 A.M. to 5:00 P.M., Monday through Friday, except legal holidays. In Winnebago County upon the display of a proper P.S.B. identification card at the Public Safety Building, attorneys may be admitted to the law libraries at times other than the designated public hours. The presiding circuit judge of Boone County may require reasonable identification of persons admitted to the law library in Boone county at times other than the designated public hours. d. Access to Materials To ensure the ready availability of reference materials, all holdings of the Winnebago County Law Library are non-circulating. Books may be taken from the law library only with the express permission of the chief judge or at the direction of any judge for use during proceedings in court. Boone County Law Library materials may be checked out only with the permission of the chief judge, the presiding circuit judge, or at the direction of any judge for use during proceedings in court. Back to the Top 2.07 MANDATORY ARBITRATION A. Supervising Judge for Arbitration The chief judge shall appoint in each county of the circuit having a mandatory arbitration program, a judge to act as supervising judge for arbitration, who shall have the powers and responsibilities set forth in these rules and who shall serve at the discretion of the chief judge. B. Arbitration Administrator The chief judge shall designate an arbitration administrator who shall have the authority and responsibilities set forth in these rules. The arbitration administrator shall serve at the discretion of the chief judge under the immediate direction of the court administrator. C. Arbitration Center The chief judge shall designate an arbitration center for arbitration hearings. D. Mandatory Arbitration of Certain Cases The arbitration program of the 17th Judicial Circuit is governed by the Supreme Court Rules for the Conduct of Mandatory Arbitration Proceedings (Supreme Court Rules 86 - 95 incl.). Pursuant to Supreme Court Rule 86 (c), these local rules are adopted, effective October 1, 1987, as amended effective September 16, 1994. Since arbitration proceedings are governed by both sets of rules, reference is made in the caption of each local rule to the Supreme Court Rule controlling the subject. Rule 1. Actions Subject to Mandatory Arbitration (S. Ct. Rule 86) a. Mandatory arbitration proceedings are undertaken and conducted in the counties of Winnebago and Boone, 17th Judicial Circuit, pursuant to approval of the Illinois Supreme Court given on June 3, 1987, and September 16, 1994, respectively. b. All civil actions, other than claims under Supreme Court Rule 281, will be subject to mandatory arbitration, if such claims are solely for money on an amount exceeding $10,000, but not exceeding $50,000, exclusive of interest and costs. Such cases shall be assigned to the arbitration calendar of the 17th judicial circuit at the time of initial case filing with the circuit clerk's office. c. Reserved d. When a case not originally assigned to the arbitration calendar is subsequently so assigned pursuant to Supreme Court Rule 86 (d), the arbitration administrator shall promptly assign an arbitration hearing date for such case. In such cases, the date of the arbitration hearing shall be not less than 60 days nor more than 180 days from the date of assignment to arbitration, as determined by the court considering the status of the case, the period of time necessary to afford the parties adequate preparation time and status of the arbitration calendar. Rule 2. Appointment, Qualification and Compensation of Arbitrators (S. Ct. Rule 87) a. Attorneys shall be eligible for appointment by filing the appropriate form with the arbitration administrator, certifying that they have engaged in the active practice of law for a minimum of one year and maintain a law office within the 17th judicial circuit. Retired judges shall also be eligible for appointment. Chairpersons must have been engaged in active trial practice for a period of five years or be a retired judge. b. The arbitration administrator shall maintain an alphabetical list of approved arbitrators to be called for service on a rotating basis. The list shall designate the arbitrators who are approved to serve as chairpersons and those arbitrators and chairpersons who are available to serve as substitutes. Each panel will consist of one chairperson and two panel members. Eligible arbitration panel members shall have attended the arbitration seminar prior to active service on an arbitration panel. The eligibility of each attorney to serve as arbitrators may, from time to time, be reviewed by the arbitration administrator or supervising judge. Where possible, the arbitration administration shall notify such arbitrators of the date at least 60 days prior to the assigned hearing date. c. Reserved d. Reserved e. Upon completion of each day's arbitration hearings, the arbitration administrator will process the necessary voucher through the Administrative office of the Illinois Courts for payment of arbitrators. Rule 3. Scheduling of Hearings (S. Ct. Rule 88) a. On or before the first day of each July, the arbitration administrator shall provide the circuit clerk's office with a schedule of available arbitration hearing dates for the next calendar year. Upon the filing of a civil action subject to these rules, the clerk of the circuit court shall set a return date for the summons not less than 21 days nor more than 40 days after filing, returnable before the supervising judge or arbitration. The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated. The complaint and all summonses shall state in upper case letters in the upper right-hand corner "THIS IS AN ARBITRATION CASE." Upon the return date of the summons and the court finding that all parties have appeared, the court shall assign an arbitration hearing date not less than 180 days from the filing date or the earliest available hearing date thereafter. If one or more defendants have not been served within 90 days from the date of filing, the court may in its discretion dismiss the case as to unserved defendants for lack of diligence. b. Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written motion with the office of the circuit clerk requesting such change. Such motion and notice of hearing thereon shall be served upon counsel for all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon the calendar of the supervising judge for arbitration and shall likewise be served upon the arbitration administrator. The motion shall contain a concise statement of the reason for the change of hearing date. The supervising judge may grant such advancement or postponement upon good cause shown. c. Consolidated actions shall be heard on the date assigned to the latest case involved. d. Counsel shall give immediate notification to the arbitration administrator of any settlement of cases or changes of appearance. Failure to do so may result in the imposition of sanctions. e. It is anticipated that the majority of cases to be heard by arbitration panel will require 2 hours or less for presentation and decision. It shall be the responsibility of counsel for the plaintiff to confer with counsel for all other parties to obtain an approximation of the length of time required for presentation of the case and advise the arbitration administrator at least 7 days in advance of the hearing date in the event additional hearing time is anticipated and the length of such additional time. Rule 4. Discovery (S. Ct. Rule 89) a. All parties shall comply with the provisions of Supreme Court Rule 222. However, unless otherwise ordered by the court, the parties shall file with the court their initial disclosure under Supreme Court Rule 222 within 14 days of the first return court appearance date. Rule 5. Conduct of the Hearings (S. Ct. Rule 90) a. The supervising judge for arbitration shall have full supervisory powers over questions arising in any arbitration proceeding, including the application of these rules. b. A stenographic record or a recording of the hearing shall not be made unless a party does so at one's own expense. If a party has a stenographic record or a recording made, a copy shall be furnished to any other party requesting same upon payment of a proportionate share of the total cost of making the record or recording. c. The statements of witnesses shall set forth the name, address and telephone number of the witness. d. Witness fees and costs shall be in the same amount and shall be paid by the same party or parties, as provided for in trials in the Circuit Court of Winnebago County. e. Any party requiring the services of a language interpreteror other assistance for the deaf or hearing impaired during the hearing shall notify the Arbitration Administrator of said need not less than thirty days prior to the hearing. f. Only the Notice of Intent pursuant to S. Ct. Rule 90 (c) shall be filed with the Circuit Clerk’s Office; do not file the supporting attachments or exhibits that are going to be offered into evidence at the hearing. g. All exhibits admitted into evidence shall be retained by the panel until the entry of the award. It is the duty of the attorneys or parties to retrieve such exhibits from the Arbitration Administrator within seven (7) days of the hearing. All exhibits not retrieved shall be destroyed. The Arbitration Center is not responsible for documents left behind by the parties and litigants are encouraged not to leave behind any original document. Rule 6. Default of a Party (S. Ct. Rule 91) a. (a) A party who fails to appear and participate in the hearing, upon motion to the court by the party present, shall be found to be in default. Costs that may be assessed under Supreme Court Rule 91 upon vacation of a default include, but are not limited to, payment of costs, attorney fees, witness fees, stenographic fees and any other out-of-pocket expenses incurred by any party or witness. b. Reserved Rule 7. Award and Judgment on Award (S. Ct. Rule 92) a. Reserved b. The panel shall make an award the same day the hearing is terminated. The chairman shall immediately file the award with the clerk of the court, who shall serve notice of the award on all parties. c. Reserved d. Reserved Rule 8. Rejection of Award (S. Ct. Rule 93) a. Reserved Rule 9. Form of Oath, Award and Notice of Entry of Award (S. Ct. Rule 94) a. The arbitration administrator shall provide the forms called for by these rules. Rule 10. Form of Notice of Rejection of Award (S. Ct. Rule 95) (Revised 10/7/2015) Back to the Top 2.08 COURT-ANNEXED MEDIATION Mediation under this order and pursuant to the following rules involves a confidential process by which a neutral mediator, selected by the parties or appointed by the court, assists the litigants in reaching a mutually acceptable agreement. The role of the mediator is to assist in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement. Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. It is anticipated that an agreement may not resolve all of the disputed issues, but the process can reduce points of contention. Parties and their representatives are required to mediate in good faith but are not compelled to reach an agreement. I. ACTIONS ELIGIBLE FOR COURT-ANNEXED MEDIATION A. Referral by Judge or by Stipulation Except as hereinafter provided, the judge to whom a matter is assigned may order any contested civil matter asserting a claim having a value, irrespective of defenses or set-offs, in excess of $50,000, or a contested civil matter filed as a chancery, miscellaneous remedy or probate case referred to mediation. In addition, the parties to any such matter may file a written stipulation to mediate any issue between them at any time. Such stipulation shall be incorporated into the Order of Referral. B. Exclusions from Mediation Except as otherwise set forth in (I) (A) above, matters as may be specified by administrative order of the chief judge of the circuit shall not be referred to mediation except upon petition of all parties. II. SCHEDULING OF MEDIATION A. Conference Date Unless otherwise ordered by the court, the first mediation conference shall be held withinsixty (60) daysof the Order of Referral. At leastseven(7)days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session. B. Notice of Date, Time and Place Within14 days after the Order of Referral,the parties shall select a mediator and schedulethe mediation conference. Winnebago County mediations will be held at the ADR Center (arbitration center), Stewart Square, Suite #25, 308 West State Street, Rockford, Illinois 61101, unless the parties agree to an alternate location. Boone County mediations will be held at the Boone County Courthouse, 601 North Main Street, Belvidere, Illinois 61008, unless the parties agree on an alternate location. C. Motion to Dispense with Mediation A party may move, within 14 days after the Order of Referral, to dispense with mediation if: The issue to be considered has been previously mediated between the same parties pursuant to Local Rules of the 17th Judicial Circuit; The issue presents a question of law only; The order violates Sec. I (B) of this local rule or Other good cause is shown. D. Motion to Defer Mediation Within 14 days of the Order of Referral, any party may file a motion with the court to defer the proceeding. The movant shall set the motion to defer for hearing prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation shall be tolled until disposition of the motion. III. MEDIATION RULES AND PROCEDURES A. Appointment of the Mediator Within 14 days of the Order of Referral, the parties shall select: A certified mediator; or A mediator who does not meet the certification requirements of these rules but who, in the opinion of the parties and upon review by and approval of the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case. If the parties cannot agree upon a mediator within 14 days of the Order of Referral, the plaintiff's attorney (or another attorney agreed upon by all attorneys) shall so notify the court within 7 days of the expiration of the period to agree on a mediator, and the court shall appoint a certified mediator selected by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending. Unless fully disclosed and waived by the parties, a mediator must not have an interest in the outcome of the litigation, must not be retained or employed by any of the parties or attorneys involved in the litigation, or be related to any of the parties or attorneys in the litigation. B. Compensation of the Mediator The mediator shall be compensated by the parties at the rateto be agreed uponin writing. Each party shall pay a proportionate share of the total charges of the mediator. C. Disqualification of a Mediator Any party may move to enter an order disqualifying a mediator for good cause. If the court rules that the mediator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a motion to disqualify is pending. D. Interim or Emergency Relief A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court or a decision of the mediator to adjourn pending disposition of the motion. E. Sanctions for Failure to Appear If a party fails to appear at a duly noticed mediation conference without good cause, the court upon motion may impose sanctions, including an award of mediator and attorney fees and other costs, against the party failing to appear. If a party to mediation is a public entity that party shall be deemed to appear at a mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement of the appropriate decision-making body or the entity. Otherwise, unless stipulated by the parties, or by order of the court, a party is deemed to appear at a mediation conference if the following persons are physically present: The party or its representative having full authority to settle without further consultation; and The party's counsel of record, if any; and A representative of the insurance carrier for any insured party who is not such carrier's outside counsel and who has full authority to negotiate and recommend settlements to the limits of the policy or the most recent demand, whichever is lower without further consultation. F. Adjournments The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference notwithstanding Sec. (I) of this local rule. No further notification is required for parties present at the adjourned conference. G. Counsel The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients. H. Communication with Parties The mediator may meet and consult privately with either party and his/her representative during the mediation session. I. Completion of Mediation Mediation shall be completed within sixty (60) days of the order referring the case to mediationunless extended by order of the court or by stipulation of the parties. J. No Agreement If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation. K. Agreement If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation. Counsel, or if no counsel the parties, shall be responsible for notifying the court than an agreement was reached and be responsible for terminating the case. L. Imposition of Sanctions In the event of any breach or failure to perform under the agreement, the court upon motion may impose sanctions, including costs, attorney fees, or other appropriate remedies including entry of judgment on the agreement. M. Discovery Discovery may continue throughout mediation. N. Confidentiality of Communications All oral or written communications in a mediation conference, other than executed settlement agreements, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise. Evidence with respect to alleged settlement agreements shall be admissible in proceedings to enforce the settlement. Subject to the foregoing, unless authorized by the parties, the mediator may not disclose any information obtained during the mediation process. O. Forms The following forms shall be used in conjunction with court-annexed mediation and shall be in substantially the same form as those attached as Appendices DD, EE, FF and GG of these Rules: 1. Order of Referral to Court-Annexed Mediation (Appendix DD) 2. Confidentiality Agreement and Nonrepresentation Acknowledgment (Appendix EE) 3. Mediation Held/No Agreement Resulted (Appendix FF) 4. Memorandum of Agreement (Appendix GG) P. Reports to the Supreme Court The trial court administrator or his or her designee shall provide for the maintenance of records of mediations conducted pursuant to these rules including the number of mediations conducted, the number of mediations resulting in full or partial agreements and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office quarterly or at such other interval as may be directed, but in no event less than once a year. IV. MEDIATOR QUALIFICATIONS A. General Requirements The chief judge shall maintain a list of mediators who have been certified by the circuit court and who have registered for appointment. Effective January 1, 2004, for certification in major civil cases, an applicant must: Complete a minimum of 30 hours mediation training, in a program approved by the circuit court, during the one (1) year period prior to application or re-application for certification as a mediator under these rules. Observe two circuit court mediations conducted by two different certified circuit court mediators within a one (1) year period prior to application or re-application for certification as a mediator under these rules. Be a retired judge or be a member in good standing of the Illinois Bar, with at least seven (7) years of practice in Illinois unless otherwise prescribed by the Illinois Supreme Court, and be actively practicing in the State of Illinois for twelve consecutive months immediately preceding application or re-application for certification as a mediator under these rules. Submit to the office of the chief judge or designee a completed application in a form prescribed by the circuit court, which may include information including educational background, areas of practice, and years of practice, etc. By making an application to become certified under these rules, the applicant shall be deemed to have consented to disclosure of the information submitted in connection with his or her application; as well as the nature of cases mediated, number of cases mediated and number of cases settled, and other pertinent information regarding the applicant's qualifications to attorneys or parties involved in litigation to be mediated as well as any other persons to whom disclosure is deemed appropriate by the circuit court. Mediators certified by the circuit court prior to January 1, 2004, shall be considered certified under these rules. B. Continuing Responsibilities as a Certified Mediator In each case, the mediator shall comply with this local rule regarding mediation and such other general standards as may, from time to time, be established and promulgated in writing by the chief judge of the 17th Judicial Circuit. C. Decertification of Mediators The chief judge of the circuit court may decertify a mediator previously certified under these rules for any of the following reasons: Revocation or suspension of mediator's license to practice law in the State of Illinois; Failure or refusal of the mediator to comply with this local rule governing mediation or any general standards issued by the circuit court regarding mediation; Other unprofessional conduct by the mediator that interferes with the ability of the circuit court to provide appropriate mediation services; or The request of the mediator to be decertified. (Revised 6/26/2019) Back to the Top 2.09 COURT-ANNEXED SMALL CLAIMS MEDIATION In an effort to provide the citizens of the 17th Judicial Circuit with an expeditious and expense saving alternative to traditional litigation in the resolution of controversies, there is hereby established aCourt-Annexed Small Claims Mediation for pro se litigants. I. INTRODUCTION Mediation under this order and pursuant to the following rules involves a confidential process by which a neutral mediator, selected by the parties or appointed by the Court, assists in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement. Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. It is anticipated that an agreement may not resolve all of the disputed issues, but the process can reduce points of contention. Parties and their representatives are expected to mediate in good faith but are not compelled to reach an agreement. II. ACTIONS ELIGIBLE FOR SMALL CLAIMS MEDIATION All pro se small claims and cases may be referred to mediation by agreement of the parties. If there is an order of protection between the parties then mediation shall not take place until further inquiry of the Court. II. SCHEDULING OF MEDIATION All pro se small claims litigants shall be given the opportunity to participate in mediation at the first return date. Mediation may occur at any time during the small claims process, however, if the parties agree to participate in mediation at the first appearance and the case is settled at that time, the respondent’s appearance fee will be waived. IV. MEDIATION RULES AND PROCEDURES Appointment of the Mediator At the initial appearance date the Court will designate the mediator who will handle the case from the assigned mediators available that day. If the case is not reduced to judgment that day, the case shall be set on the small claims’ trial call. A. The mediator must have completed an approved mediator training program. Unless fully disclosed and waived by the parties, a mediator must not have an interest in the outcome of the litigation, must not be retained or employed by any of the parties or attorneys involved in the litigation, or be related to any of the parties or attorneys in the litigation. B. Compensation of the Mediator The small claims mediators are volunteers and shall not be compensated. C. Disqualification of a Mediator Any party may move to enter an order disqualifying a mediator for good cause. If the Court rules that the mediator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. D. Counsel The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients. E. Communication with Parties The mediator may meet and consult privately with either party and his/her representative during the mediation session. F. Completion of Mediation Mediation shall be completed within the court session that the mediator is appointed. G. Absence of Parties and Subsequent Termination of Mediation If both parties agree to mediation and then either one fails to appear at the mediation, the case will be sent back to the presiding judge for disposition as if mediation had never been scheduled. The mediator shall prepare a report of the termination of the mediation and file it instanter with the presiding judge. H. No Agreement If the parties do not reach an agreement as to any matter as a result of mediation, the mediator and the parties shall report the lack of an agreement to the Court without comment or recommendation. The case will then be set for trial. I. Agreement If an agreement is reached, it shall be reduced to writing and signed by the parties at the conclusion of the mediation. The mediator and the parties must notify the Court that an agreement was reached, submit the agreed order, and if approved, the Court shall enter a judgment order on that agreement. J. Imposition of Sanctions In the event of any breach or failure to perform under the court order, the Court upon motion may impose sanctions, including costs, attorney fees, or other appropriate remedies. K. Confidentiality of Communications All oral or written communications in a mediation conference, other than executed settlement agreements, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise. Evidence with respect to alleged settlement agreements shall be admissible in proceedings to enforce the settlement. Subject to the foregoing, unless authorized by the parties, the mediator may not disclose any information obtained during the mediation process. L. Reports to Supreme Court The trial court administrator or his/her designee shall provide for the maintenance of records of mediations conducted pursuant to these rules including the number of mediations conducted, the number of mediations resulting in full or partial agreements and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office quarterly or at such other interval as may be directed, but in no event less than once a year. M. Peer Review Process All volunteer mediators will be subject to Peer Review once a year. The review will be conducted by a member of the Peer Review Committee. The peer reviewer will contact the mediator prior to the mediation date, and will observe the mediation. After the mediation, the peer reviewer will debrief the mediator and then meet with the Peer Review Committee to discuss his or her observations. Following the committee meeting, the Peer Review Committee Chair will contact the volunteer with the committee’s decision. V. MEDIATOR QUALIFICATIONS A. General Requirements The chief judge shall maintain a list of circuit court approved small claims mediators. Effective June 1, 2019, for certification in major civil cases, an applicant must: 1. Complete a minimum of 30 hours mediation training, in a program approved by the circuit court, during the one (1) year period prior to application or re-application for certification as a mediator under these rules. 2. Be a licensed attorney and have attended a basic small claims mediation training provided by thecircuit court during theone (1) year period prior to application or re-application for approval as a mediator under these rules; or 3. Be a law student atan ABA accredited law school and participate as a mediator under the supervision of a circuit court approved small claims mediator; and . 4. Submit to the office of the chief judge or designee a completed application in a form prescribed by the circuit court, which may include information including educational background, areas of practice, and years of practice, etc. By making an application to become approved under these rules, the applicant shall be deemed to have consented to disclosure of the information submitted in connection with his or her application. B. Previous Certification All who are currentlycertified to be a court-annexedmediator under local court rules and have attended a basic small claims mediation training provided by the circuit court during the one (1) year period prior to application or re-application for approval as a mediator under these rules shall be deemed to be qualified for the Small Claims Court Mediation Project. C. Continuing Responsibilities as a Certified Mediator In each case, the mediator shall comply with this local rule regarding mediation and such other general standards as may, from time to time, be established and promulgated in writing by the chief judge of the 17th Judicial Circuit. D. Revocation of Approval of Mediators The chief judge of the circuit court may revoke or limit approval of a mediator previously approved under these rules for any of the following reasons: 1. Revocation or suspension of mediator’s license to practice law in the State of Illinois; 2. Failure or refusal of the mediator to comply with this local rule governing mediation or any general standards issued by the circuit court regarding mediation; 3. Other unprofessional conduct by the mediator that interferes with the ability of the circuit court to provide appropriate mediation services or that is otherwise inconsistent with the administration of justice; or 4. The request of the mediator to be removed from the roll of approved mediators. (Reveised 6/26/2019) Back to the Top 2.10 REMOTE COURT APPEARANCES A. Except as otherwise set forth in Section C of this Rule, the ability to participate remotely in civil, family, juvenile, and criminal matters in Winnebago County and Boone County shall be as set forth in S. Ct. R. 45, 725 ILCS 5/106D-1, and 725 ILCS 5/109-1(f). B. Procedures for requesting permission to appear remotely 1. Generally, most court appearances can be made remotely without any advance request or court approval. Section C of this Rule provides detail about which proceedings require advanced approval by the judge to appear remotely. The judge shall indicate to the parties whether the next court appearance may be made remotely or if the appearance shall be made in-person. There are a number of reasons why a judge may require a court participant to appear in-person. 2. Court participants who wish to appear remotely for a future court appearance shall make such a request to the Court by: a. Presenting the request orally in open court when setting the next court date, or b. By filing a written motion at least three business days in advance with notice to all parties, and if it is an attorney who wishes to appear remotely, notice must also be provided to his or her client. C. Proceedings where advanced permission is needed to appear remotely 1. Case participants shall plan to attend in-person, unless he or she makes an advanced request to participate remotely and it is approved, pursuant to Paragraph B, for the proceedings listed below: a. Settlement conferences; b. Hearings setting or modify conditions of pretrial release; c. Detention hearings under the Pretrial Fairness Act; d. Entry of a guilty plea or negotiated pleas; e. Sentencing; f. Recall of a warrant; g. Contempt of court proceedings; h. Specialty Court or Problem-Solving Court proceedings; i. Permanency hearings; and j. All evidentiary hearings, where a witness or party will be testifying to the Court, including but not limited to bench trials, jury trials, arbitration hearings, probation revocation hearings, adjudication hearings, disposition hearings, termination of parental rights hearings, and any hearing conducted under the Sexually Dangerous Persons Act, with the following exceptions: A. Ex parte evidentiary proceedings (such as emergency orders of protection), and B. Plenary orders of protection hearings, and C. Mental health proceedings. 2. In its discretion, the Court may order a participant to attend in-person for a court appearance that may not ordinarily require a judge’s approval to attend remotely for reasons particular to the specific case, including the failure of a case participant to follow applicable standards of decorum. The Court may also convert an in-person proceeding to a remote proceeding for the health, safety or welfare of the parties or attorneys, or efficiency of the Court. The decision of the Court to switch to a remote proceeding or an in-person proceeding is not determinative for future court hearings. D. How to join a court proceeding remotely 1. All courtrooms in Winnebago County and Boone County are equipped to facilitate remote hearings via Zoom. 2. To make a remote appearance, a court participant may: a. Go to Zoom.us (the Chrome browser works best), Select “Join Meeting” in the upper-right-hand corner, and enter the Meeting ID, which is a series of numbers, provided by the court. b. If the participant cannot log on with a computer or smart phone, the participant may dial (312) 626-6799 and enter the Meeting ID, followed by # when prompted. The participant will need to listen for instructions on how to UNMUTE, which is usually *6. 3. All summonses, notices and court orders setting court dates where participants have the option to appear remotely shall include the following: a. In Boone County, either the Zoom Meeting ID or information where to find the Zoom Meeting ID, and the courthouse address and courtroom number. The Meeting IDs are published on the Boone County Circuit Clerk’s Office webpage. The Circuit Clerk’s Office may also be called at 815-544-0371. b. In Winnebago County, the Zoom Meeting ID, the courthouse address and courtroom number, and, when possible, the Zoom call-in phone number. The Zoom Meeting ID is available from the Winnebago County Circuit Clerk. E. Case participant preparation and expectations 1. Equipment and Connectivity a. Participants must have enough battery power, have a charger readily available, and have enough data and/or Wi-Fi for the entire court session. Participants should keep the phone dial-in information close by in case unforeseen technical difficulties are experienced. b. Participants should practice Zoom meeting functions, and be familiar with their internet, video, and audio capabilities prior to the hearing. Testing of equipment can be completed at: https://zoom.us/test 2. Connecting to the Courtroom a. Participants should be in a quiet area with minimal background noise. b. Participants may wait for their case to be called in a virtual waiting room. There may be several cases set on the docket at that time. When cases are called, the Court will bring participants into the courtroom. c. When entering the courtroom, participants’ video will automatically be on and audio will be muted. d. Participants should use best efforts to make sure they are properly named on screen. A participant’s screen name should reflect the title and legal name of the participant. Attorneys should include office name office if it will help with identification. 3. Dress and Conduct a. Participants must dress appropriately for court. b. Participants who appear in a remote proceeding must conduct themselves in the same manner and in accordance with the same standards as the Illinois Code of Civil Procedure, Illinois Supreme Court Rules, and 17th Judicial Circuit Court Rules. The same decorum regarding dress, conduct, demeanor, language, and respect for the Court and staff apply as if participants were physically present in the courtroom. c. Attorneys are expected to appear by both audio and video. d. Participants should remain muted until addressing the court and unmute the microphone before speaking. e. Participants should speak one at a time, and pause prior to speaking in case there is any audio or video lag. Participants should announce their name before speaking. 4. Witnesses a. The party calling a witness has the responsibility for ensuring their witness(es) has the information necessary to appear remotely. b. Witnesses should plan to appear by both audio and video. As witnesses are called to appear, the Court will bring them in one at a time from the waiting room. c. Witnesses are only permitted in the remote court session while they are testifying. Those testifying are not to hold notes or paperwork while testifying, just as though s/he were on the witness stand. d. Once a witness is done testifying, the witness will leave the remote court session and should not talk to anyone about his or her testimony until after the conclusion of the hearing. 5. Exhibits and Orders a. Exhibits, papers or anything the judge would need to review at a hearing must be exchanged between the parties and shared with the Court no later than 4:30 p.m. three (3) business days in advance of the court proceeding. i. Exhibits must be properly labeled. See General Order 4.08. ii. Parties must be prepared to “Share Screen” each exhibit for presentment at the hearing. iii. Examples of exhibits to be provided to the judge in advance of the hearing include documents, photos, print-outs of social media posts and print-outs of text messages. When possible, copies of text messages or emails should include the electronic timestamps showing the date and time of each message as well as the contact information of the sender (ie. phone number or email address). iv. Non-documentary electronic video evidence or physical media (such as video or audio recordings on thumb drives, DVDs, external hard drives) shall not be submitted to the court without advanced approval. Should a party wish to present non-documentary electronic video evidence or physical media, the Court may: A. Reschedule a hearing date to the in-person presentation of such exhibits; or B. Approve such a request directing how the evidence will be presented subject to the following standard conditions: 1. The parties shall submit their electronic video evidence or physical evidence to the Circuit Clerk’s Office 48 hours prior to the remote proceeding. 2. The parties shall include a self-addressed stamped envelope for the return of such evidence in the event that the evidence is not presented at hearing. b. Proposed Orders resulting from remote proceedings shall comply with General Order 9.14 and Local Rule 8, and shall be submitted with the following details: i. Orders submitted as a result from a previously held remote proceeding shall include the filing description of “[Hearing Date] Order Resulting from Court.” The order shall also state the date of the hearing the orders results from. ii. Agreed Orders shall include the filing description of “Agreed Order’. c. Proposed Orders shall be submitted or delivered through eFileIL, as separate documents in the same e-filing envelope, unless e-filing is not available for the case type. i. Those in Winnebago County will receive notice that the filing is rejected, but forwarded to the judge. ii. Filers in Boone County will receive a note that they are received but not file stamped. iii. The court may request additional courtesy copies to be submitted via email or hand-delivery on a case by case basis. d. In the event e-filing is not available for the case type, papers shall be delivered to the Court Administration Office or by any other means ordered by the presiding judge. e. The Circuit Clerk’s Offices have e-filing kiosks available to e-file documents. In the event there is an e-filing Waiver on file, the Circuit Clerk’s Office shall accept the document(s) and submit on the filer’s behalf. 6. Recording the Hearing There are prohibitions against photographing, recording, and rebroadcasting of court proceedings (See General Order 1.09) and violation of these prohibitions constitutes contempt of court. Recording the proceeding is not allowed by anyone except the Official Court Reporter or the approved recording system. A transcript of the proceedings may be requested by completing and submitting a Transcript Request Form. 7. Interpreters Interpreters shall be requested pursuant to Local Rule 2.16. The Interpreter Request Form is available on the 17th Circuit’s website. The court hearing Meeting ID should be included in the request. F. Public Access to Proceedings 1. Proceedings that are publicly accessible will continue to be publicly accessible; however, spectators should not use remote appearances by Zoom as outlined in this rule. Judges will make reasonable efforts to allow public viewing of public court proceeding through any of the below means: a. Proceedings may be publicly accessible by attending the physical courtroom, or b. Proceedings may be publicly accessible through a livestream accessible from the 17th Circuit’s website. 2. Should a physical courtroom be inaccessible, public proceedings will be live streamed online or in exceptional circumstances when live streaming cannot be facilitated the judge may permit spectators/observers to appear remotely. G. How to Get Help Appearing Remotely Assistance is available at https://ilcourts.info/AllRemoteCourtResources for remote court resources, including written instructions and short videos on how to Zoom from a computer and mobile device.The 17th Circuit’s website contains information helpful to those appearing remotely. The Circuit Clerk’s Office and the Legal Self Help Center may also be contacted for additional information. The Legal Self Help Centers have limited computer technology to help individuals with remote appearances. Boone County Circuit Clerk’s Office phone - 815-544-0371 Winnebago County Circuit Clerk Office phone - 815-319-4300 H. Communication / Publication To ensure persons desiring to appear remotely are informed, this Rule shall be maintained on the 17th Circuit’s website and shall be posted in each Circuit Clerk’s Office. This Rule and any amendments will be shared with justice partners, law enforcement agencies, government stakeholders, community organizations, bar associations and the Administrative Office of the Illinois Courts. (Revised 4/6/2023) Back to the Top 2.11 CourtCall TELEPHONIC APPEARANCES A. Telephonic Appearances 1. Telephonic appearances through CourtCall are hereby allowed for parties and counsel for the hearings set forth in General Order 17.01, as the same may be ameded from time to time. Telephonic appearances shall not be permitted for argument on briefed motions, evidentiary hearings, or other matters as designated by the Court as requiring a personal appearance. Permission to appear telephonically will be denied on all scheduled telephonic appearances that do not strictly comply with this rule. 2. Existing rules and procedures regarding the making of the record by a court reporter or electronic reporting or obtaining a transcript after a hearing shall apply to hearings at which telephonic appearances are made. No recordings shall be made of any court proceeding or of any telephonic appearances except in compliance with General Order 16.01. B. Scheduling and Notice 1. No telephonic appearance in connection with those court calls identified in Section A(1) abovewill be allowed unless it is made through CourtCall, an independent conference servicing company. 2. CourtCall facilitates the telephonic appearance of persons at hearings which have already been scheduled by regular means with the Office of the Winnebago County Circuit Clerk or the Boone County Circuit Clerk. CourtCall does not set or calendar hearings for the Court. If a motion is not scheduled and noticed via the Clerk's office in the same manner as any other motion it will not appear on the judge's call and will not be heard. 3. Telephonic appearances must be arranged by contacting CourtCall by phone at (888) 882-6878 or on-line at www.courtcall.com no later than 4:00 p.m. (CST) on the second court day preceding a hearing date. CourtCall will provide persons with a written confirmation of their telephonic appearance and a number to call to make the telephonic appearance. 4. Persons electing to make a telephonic appearance shall notify all parties of the same either contemporaneously with any written notice of motion or VIA TELEFAX OR EMAIL (OR, IF THE FORMER ARE UNAVAILABLE, BY TELEPHONE) NO LESS THAN 24 HOURS PRIOR TO THE SCHEDULED HEARING. Nothing in this rule shall be construed as modifying the notice of motion requirements set forth in Supreme Court Rule 12 and Local Rule 10.03. C. Appearance Procedure 1. It is the responsibility of the person making a telephone appearance to dial into the call no later than five (5) minutes prior to any scheduled hearing(s), and to check in with the CourtCall clerk. 2. Persons appearing telephonically shall state his or her name for the record each time he or she speaks and shall participate in the appearance with the same degree of courtesy and courtroom etiquette as is required for a personal appearance. 3. To ensure the quality of the record, the use of car phones, cellular phones, speakerphones, public telephone booths, or phones in other public places is prohibited. 4. If a person schedules a telephonic appearance and then fails to respond when the matter is called, the court may pass the matter or may treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear. The Court will attempt to reasonably accommodate persons attempting to appear before the Court in both Courtroom 412 and 426 during the co-occurring status calls. D. Costs 1. CourtCall is an independent service provider. By using the services of CourtCall, individuals are knowingly entering into a service agreement and are subject to follow any additional terms and conditions imposed by CourtCall and shall be solely responsible for any costs or other expenses incurred for those services provided. Under no circumstance shall the Court bear any costs for any telephonic appearance. E. Rejections, Refunds, and Suspension of Privileges 1. The fact that a telephonic appearance is scheduled with CourtCall shall not be construed as a determination that the telephonic appearance is permitted by the Court. Parties and counsel are solely responsible for compliance with the Court’s rules and procedures for telephonic appearances. The court reserves the right, at any time, to reject any telephonic appearance in violation with this Rule or as otherwise necessary for the administration of justice. When the court rejects a telephonic appearance, it shall order a refund of the deposited telephonic appearances fees and send notice of the same to CourtCall, LLC. 2. The court shall also reserve the right to halt any telephonic appearance on any matter and order the attorneys to personally appear at a later date and time, in which case no refund is permitted. 3. The court reserves the right and sole discretion to suspend any person’s ability to appear telephonically using CourtCall’s services. (Amended 5/28/2020) Back to the Top 2.12 EXTENDED MEDIA COVERAGE WHEREAS the Seventeenth Judicial Circuit Court is approved to permit extended media coverage, it is hereby ordered, effective immediately and until further order of the Court, that extended media coverage shall be made available in the Counties of Winnebago and Boone in accordance with the provisions contained in Illinois Supreme Court Order M.R. 2634 and the Policy for Extended Media Coverage in Circuit Courts of Illinois. IT IS FURTHER ORDERED that the following local provisions are hereby prescribed for extended media coverage within the Counties of Winnebago and Boone. These local provisions shall be construed consistently as to not conflict with the Illinois Supreme Court Policy for Extended Media Coverage in Circuit Courts of Illinois. Furthermore, these local provisions shall be construed along with Seventeenth Circuit Court General Order 1.09 which sets forth applicable policies on the general use of electronic devices. It remains requisite for the news media organizations to be cognizant of the rules regarding the general use of cellular phones and other electronic devices within the courtrooms and outside of the courtroom, but still within the confines of the courthouse. A. Media Coordinator and Court Media Liaison 1. Media Coordinator. A single representative acting on behalf of all news media organizations shall be selected to organize and submit requests for extended media coverage and administer all aspects of extended media coverage for the news media. The media coordinator shall be selected by and among representatives of the news media and shall be approved by the Chief Judge. 2. Court Media Liaison. A representative from the Trial Court Administration Office shall serve as the court media liaison. The court media liaison shall work with the media coordinator on all matters pertaining to extended media coverage. B. Requests, Objections and Orders 1. Requests for extended media coverage. Requests for extended media coverage filed in Winnebago County shall be filed at the window counter designated for “Practicing Attorneys”. The form of a request for extended media coverage shall be as prescribed in “Appendix LL-1”. 2. Notice of Requests. The Office of the Clerk of the Circuit Court shall provide written notice of all filed requests for extended media coverage to all counsel of record, parties appearing without counsel, and the court media liaison. The media coordinator shall provide a courtesy copy of all filed requests for extended media coverage to the court media liaison. Upon receipt of a request for extended media coverage, the court media liaison shall inform the judge expected to preside and the Chief Judge. 3. Objections by Parties. The form of a party’s objection to extended media coverage shall be as prescribed in “Appendix LL-2”. 4. Objections by Witnesses. The form of a witness’s objection to extended media coverage shall be as prescribed in “Appendix LL-3”. 5. Notice of Objections. The Office of the Clerk of the Circuit Court shall provide written notice of all filed objections to extended media coverage to all counsel of record, parties appearing without counsel, the media coordinator and the court media liaison. Upon receipt of an objection to extended media coverage, the court media liaison shall inform the judge expected to preside and the Chief Judge. 6. Written Orders. The judge shall enter a written order on all requests for extended media coverage specifying the scope of coverage permitted. An order for extended media coverage shall be effective for all subsequent proceedings until the conclusion of the involved case(s) or as otherwise ordered by the court and subject to ruling on any filed objections. The form of an order for extended media coverage shall be as prescribed in “Appendix LL-4”. 7. Timeframe for Request and Objections. Calendar days shall be used for the purpose of calculating the timeframes for the filing of requests and objections. C. Equipment and Courtroom Conduct 1. Enhanced Microphones. Parabolic or other highly sensitive long range microphones are prohibited. 2. Assigned Locations. The court media liaison or designee will direct the news media to their assigned spot(s). Still photographers and videographers must stay seated unless they are positioned beyond the last row of spectator’s seats. 3. Decorum. In the courtroom, members of the news media shall: a. Not make comments in the courtroom during court proceedings; b. Not comment to or within the hearing of the jury or any member thereof at any time before the jury is dismissed; c. Not conduct interviews in the courtroom; and d. Comply with the orders and directives of the court. 4. Prohibition on Certain Materials. Focusing on and photographing of materials on counsel tables, materials on evidence carts, or materials that have not yet been presented as evidence is prohibited. D. General Provisions 1. Temporary and Permanent Installations. The judge may order the news media to install any manner of temporary courtroom alterations including, but not limited, to a screen or divider to conceal the jury from the view of recording equipment. No permanent installation of any audio or visual recording equipment shall be made nor shall any court facility be altered, unless approved in advance by the Chief Judge. All expenses for permanent or temporary installations shall be borne by the news media. 2. Sub-contracting and Assignment. Permission for extended media coverage shall not be sub-contracted or assigned. 3. Non-exclusivity. These guidelines shall not preclude coverage of a judicial proceeding by other members of the news media who have not been granted permission for extended media coverage. 4. Courthouse Security. Court security policies require all persons and equipment entering the courthouse to pass through a magnetometer. News media representatives will not be permitted to bypass screening and should allow sufficient time to get through the magnetometer in advance of the commencement of proceedings. 5. Inadmissibility in Proceedings. Film, videotape, photography and audio reproductions obtained by and through extended media coverage shall not affect the official court record of the proceeding for purposes of appeal or otherwise. Nor shall the same be admissible as evidence in the proceeding out of which it arose or in any proceeding subsequent or collateral thereto. 6. Knowledge of Plan Provisions. The media coordinator is charged with actual and constructive knowledge of the provisions contained within the Policy for Extended Media Coverage in Circuit Courts of Illinois and this rule. By the submission of a request for extended media coverage the media coordinator, respective agents from involved news media organizations and designees of such acknowledge and agree to abide by all applicable provisions. 7. Sanctions. In addition to contempt and any other sanctions allowed by law, the judge or Chief Judge may remove anyone violating the Policy for Extended Media Coverage in Circuit Courts of Illinois or this rule from the courtroom and revoke the privileges for extended media coverage. 8. Revocation of Permission. If the media coordinator or any media representative fails to comply with the conditions set forth in the Policy for Extended Media Coverage in Circuit Courts of Illinois, this rule or other orders imposed by the judge or Chief Judge, the judge or Chief Judge may impose restrictions on the dissemination, broadcast and/or publication of extended media coverage. 9.Revision and Termination This rule is promulgated in accordance with Illinois Supreme Court Order M.R. 2634. This rule is subject to revision or termination at any time and without advanced notice. (Adopted 7/92018) Back to the Top 2.13 MANDATORY ARBITRATION FOR SMALL CLAIMS ACTIONS WITH JURY DEMANDS A. Applicability to Small Claims Small claims actions with timely filed jury demands shall be subject to Mandatory Arbitration unless otherwise ordered by the assigned trial judge. The party filing a small claims jury demand shall bring the demand to the attention of the assigned trial judge at that party's first appearance in open court. A small claims matter referred to Mandatory Arbitration shall retain its assigned SC case number. B. Small Claims Pleadings On motion of either party, or on the court's own motion, the assigned trial judge may permit limited and simplified discovery and/or may require the filing of an Answer and Supreme Court Rule 222 Disclosures. Once pleadings requirements are satisfied, the small claims action shall be promptly scheduled for arbitration. C. Arbitration of Small Claims Arbitration of small claims actions with jury demands shall be conducted in accordance with Illinois Supreme Court Rules 89 - 94. Any party may submit a Rule 90(c) Disclosure Statement. Rule 93 rejection fees shall apply. (Adopted 10/21/2013) Back to the Top 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM WHEREAS, the 17th Judicial Circuit Court, with the approval of the Illinois Supreme Court, has established by Circuit Court Rule a Residential Mortgage Foreclosure Mediation Program (hereinafter the “Foreclosure Mediation Program”); and WHEREAS, said program shall commence on November 1, 2014; NOW, THEREFORE, IT IS HEREBY ORDERED that the following Administrative Procedures are established on the effective date noted above: A. Filing Fee/Complaint: In all Winnebago and Boone County cases where a complaint is to foreclose a mortgage on residential real estate (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation and the Circuit Clerk shall charge an additional filing fee to defray the cost of the Foreclosure Mediation Program. The fees collected shall be forwarded to the County Treasurer for the County in which the case is filed and maintained in a separate fund subject to disbursement on order of the Chief Judge of the Seventeenth Judicial Circuit. The additional fee for such case is set at $150 per filing. The Chief Judge shall report quarterly to the Administrative Office of the Illinois Courts on the revenue and expenditures of the program in the manner directed by that office. A complaint clearly designates that the case is subject to mediation if, below the title, the plaintiff includes the following: "Subject to mediation." In any complaint seeking foreclosure of property other than residential real estate as described above, the plaintiff shall include the following on the complaint, below the title: "Not subject to Mediation." Should a complaint seeking the foreclosure of property be filed without a label that designates the case as either “Subject to mediation” or “Not subject to mediation,” the case shall be considered subject to mediation and the requirements set forth by this local rule until such time as the plaintiff files an amended complaint that designates the case as “Not subject to mediation” (see Section G). B. Definitions: (1) Lender and servicer shall have the same meaning as “Mortgagee” defined at 735 ILCS 5/15-1208. (2) Homeowner shall have the same meaning as “Mortgagor” defined at 735 ILCS 5/15-1209. C. Forms: The court-approved forms that shall be used in foreclosure mediation cases are set forth as the exhibits to this local rule. Attorneys, the court, or the Program Administrator may generate forms for use in foreclosure mediation cases as long as they are substantially similar to the forms approved by the court. If the court provides bi-lingual versions of any of these forms, those versions shall be used. D. Summons & Attachments: In all residential real estate mortgage foreclosure cases (hereinafter "residential foreclosure cases"), plaintiffs shall use a specific summons in substantially the form set forth as Exhibit FM-1. Plaintiffs shall also use a Notice of Mediation attached in substantially the form set forth as Exhibit FM-2. The Notice of Mediation shall be attached to, and served with, the complaint served upon the homeowner/borrower (hereinafter referred to as the “Homeowner”). Where service upon a Homeowner is made by publication, the Notice of Mediation is to be mailed by the plaintiff to the property address before the first date of publication. E. Proof of Service: Within 7 calendar days of service of process on each Homeowner defendant in a residential foreclosure case, the plaintiff shall provide proof of service of the Summons to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. Proof of service shall at a minimum identify the names of the served parties and provide the dates, locations, and methods of service for each. Plaintiffs may fulfill this requirement by emailing a copy of the file-stamped service returns to the Program Administrator. When service upon a Homeowner is made by publication, the plaintiff shall provide proof of service within 7 calendar days of the first date of publication. If proof of service is not received by the Program Administrator via email within 7 calendar days of actual service of process on the Homeowner, the application deadline (described in Section K) shall be set from the date the Program Administrator receives proof of service of the Summons. F. Entry of Judgment: In all residential foreclosure cases filed as “Subject to mediation” (as described in Section A), there shall be a mediation check as part of the judgment prove-up process. In addition to all other items required by the court for the judgment prove up, the plaintiff shall submit an Affidavit to the court representing that it has complied with the Proof of Service requirement (described in Section E), that the applicable deadline for mediation participation (described in Section K) has passed, and that the matter is not stayed due to participation in the Mediation Program (as described in Section N). G. Amending Eligibility: If the plaintiff believes that the property in a residential foreclosure case no longer meets the definition of residential real estate set forth in 735 ILCS 5/15-1219 after filing the complaint as “Subject to mediation” (as described in Section A), the plaintiff shall request leave from the court to file an amended complaint that clarifies the case as “Not subject to mediation.” The plaintiff shall also provide notice of this change to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. within 7 calendar days of filing the amended complaint. H. Counterclaims to Foreclose a Mortgage: Where the complaint to foreclose a mortgage takes the form of a Counterclaim (i.e. the original complaint is a mechanics lien), any counterclaims to foreclose a residential mortgage must pay the extra filing fee set forth above in Section A. Within 7 calendar days of filing a Counterclaim seeking foreclosure of a residential mortgage, the counter plaintiff shall send notice of this filing to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. PROGRAM STAFF I. Intake Coordinator: The Intake Coordinator shall perform an initial assessment of eligibility and whether a Homeowner should submit their loss mitigation packet indicating the Homeowner is interested in retaining or relinquishing the home. If the Homeowner is eligible, the Intake Coordinator is to assist the Homeowner in assembly of paperwork, etc., designed to make the mediation fruitful. If mediation is not a viable option, the Intake Coordinator may refer the Homeowner to other options. The Intake Coordinator shall be appointed by the Chief Judge of the 17th Judicial Circuit. If the Intake Coordinator is a private individual or organization, any compensation it will earn for its services must be agreed to with the Chief Judge. The Intake Coordinator will inform Homeowner applicants that legal services will not be provided, and direct those desiring but unable to afford legal assistance to contact Prairie State Legal Services. J. Program Administrator: The position of the Program Administrator is established to oversee the daily operations of the Program, and whether or not a direct employee of the Seventeenth Circuit, serves only with the approval of the Chief Judge and the Judges presiding over the foreclosure court call and acts as an agent of the court. The Program Administrator will inform Homeowner applicants, by notice on the intake webpage and/or in personal meetings with Homeowner applicants, that the Foreclosure Mediation Program cannot provide legal services. APPLICATION PROCESS K. Application Deadline: The Homeowner’s application deadline for the Foreclosure Mediation Program will be determined as follows: (1) If the Homeowner is served the Foreclosure Summons by personal, substitute, or abode service, the application deadline shall be set for 21 calendar days from the date of service. (2) If the Homeowner is served the Foreclosure Summons by publication or posting, the application deadline shall be set for 28 calendar days from the first date of publication. (3) If the judge issues an order referring the Homeowner to the Mediation Program, the application deadline shall be set for 21 calendar days from the issuance date of said order. In circumstance No. 1 or No. 2 above, the application deadline is subject to change per the plaintiff’s submission of proof of service of the Summons (as described in Section E). Where there are multiple Homeowner defendants in a residential foreclosure case, the application deadline for mediation shall be determined by the date and method of service used for the final Homeowner served. L. Submission of Application: Any Homeowner wishing to pursue mediation is to complete an application online before the application deadline set forth above in Section K. The application is to be completed online as instructed in the Notice of Mediation served with the Summons, or alternative arrangements are to be made with the Program Administrator as instructed in the Notice. Failure to submit an application in the time prescribed shall be treated as a decision by the Homeowner to “opt out” of the program. The timely submission of the Application by the Homeowner acts as an election to utilize the Foreclosure Mediation Program; in this circumstance, participation on the part of the plaintiff is mandatory. The following relief may be sought from the Court, for good cause shown: (1) a Homeowner who fails to timely enter the program may file a motion with the Court seeking referral to mediation; and (2) a Homeowner determined to be an unsuitable candidate for mediation may petition the Court for review of that decision, including situations in which the Homeowner’s circumstances have changed. Any party to a pending residential foreclosure case filed before or after June 1, 2014, the original effective date of the program, may also ask the Court by motion to be entered into the mediation program, or the judge presiding over the case may refer the matter on the Court's own motion. PRE-MEDIATION M. Entry into Foreclosure Mediation Program: Upon receipt of the completed Application, the Program Administrator shall issue a Notice of Entry, substantially in the form set forth as Exhibit FM-3, advising that the foreclosure mediation process has been implemented for that case. The Notice shall be filed with the Circuit Clerk, and sent to Plaintiff’s counsel, the Homeowner, and any other relevant parties (e.g., secondary lienholders). Plaintiff's counsel shall provide all servicer/lender-generated Loss Mitigation application documents for the Homeowner via email to This email address is being protected from spambots. You need JavaScript enabled to view it. within 15 calendar days of the Notice of Entry. If Plaintiff’s counsel does not provide any servicer/lender-generated application documents within the required timeframe, the Program Administrator shall instruct the Intake Coordinator to use the general Loss Mitigation application materials created by the online Application for the case. The general Loss Mitigation application materials shall include the following: (1) Financial Worksheet; (2) Dodd-Frank Certification; (3) Hardship Letter; (4) IRS forms 4506C and 4506T; (5) Uniform Borrower Assistance Form (Form 710); and (6) Request for Mortgage Assistance Form. The Homeowner must comply with the deadlines established in the Application, or by the Program Administrator, for the submission of documents necessary to pursue mediation. The Program Administrator may extend any such deadlines for submission of documents by up to 7 days if the Homeowner is making a good-faith effort to comply. N. Stay of Foreclosure Proceedings – Discovery: Upon issuance of the Notice of Entry described in Section M, the plaintiff is stayed from proceeding with the entry of judgment or confirmation of sale until the conclusion of the mediation process. A Homeowner is not required to have filed an answer or appearance in the foreclosure action in order to participate in the Foreclosure Mediation Program. The stay shall include a stay of discovery unless otherwise ordered by the Court. The stay terminates as described below in Sections P, R, and X. O. Scheduling of Pre-Mediation Conference: Within 30 calendar days of receipt of the Homeowner’s Application, the Intake Coordinator shall conduct a pre-mediation conference with any Homeowner the Program Administrator determines may be eligible for mediation. The plaintiff or its counsel may, within 10 calendar days of the Notice of Entry, communicate directly to the Program Administrator any issues or concerns which the lender feels must be addressed in order to make mediation fruitful. Plaintiffs and their counsel are encouraged to communicate directly with the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. P. Objecting to Mediation: Any party to a residential foreclosure case may object to mediation after the issuance of the Notice of Entry described in Section M. The objecting party shall file a motion with the court requesting the termination of mediation efforts for good cause shown. Notice of any such motion shall be sent by the filing party to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. at the time of filing. Should the court order the termination of mediation efforts, the stay described in Section N shall terminate 21 calendar days after said order is issued, unless otherwise specified in the order. Q. Pre-Mediation Conference: The purpose of the pre-mediation conference is to determine which cases are eligible for mediation. “Eligibility” means the reasonable prospect of the parties reaching an agreement which permits the Homeowner to remain in the property or provides for a surrender option. Only the Homeowners and the Intake Coordinator need attend the Pre-Mediation Conference. Should the Intake Coordinator determine at the pre-mediation conference that mediation will be beneficial, the Program Administrator, or its designee, shall schedule the first mediation session on a date that is sufficient to give the Homeowner an opportunity to complete the modification packet or relinquishment documents and the plaintiff to have sufficient time to analyze the information submitted. If it is unclear how long this process will take, the Program Administrator may adjourn the pre-mediation conference to a future date for a mediation management conference per Section V below. Cases are not to be continued generally for any reason. Plaintiff should confirm to the Program Administrator its receipt of any documents submitted to it, and it is the plaintiff’s responsibility to have reviewed any such submissions prior to any mediation management conferences or mediation sessions. Plaintiff's request for additional documents shall be made at least 15 calendar days prior to any mediation session or mediation management conference. R. Pre-Mediation Conference Report: At the conclusion of the pre-mediation conference, the Intake Coordinator, or its designee, shall complete a Pre-Mediation Conference Report in substantially the form set forth as Exhibit FM-4. The Intake Coordinator shall provide the completed report to the Program Administrator for filing with the Circuit Clerk. If there are unresolved issues or concerns on the part of the Intake Coordinator or the plaintiff, the Pre-Mediation Conference Report may request additional time, not to exceed 21 days, in which to resolve the issues or concerns. If the Intake Coordinator believes the case is ready for mediation, then it shall issue a Pre-Mediation Conference Report that indicates such and provides the date, time, and location of the first mediation session. Absent court approval for a longer date, the first mediation session shall be scheduled for no more than 45 calendar days after the issuance of the Pre-Mediation Conference Report. The Report shall be transmitted to the Circuit Clerk for filing in the Case being mediated, and a copy shall be provided to the Homeowner, Plaintiff’s counsel, the Program Administrator, and the judge supervising mediation. If the Report indicates that Mediation is to be scheduled, or that additional time is needed to resolve any issues, the stay on foreclosure proceedings continues. If the Report indicates that Mediation should not be scheduled, then the stay is lifted 21 calendar days after the issuance of the Pre-Mediation Conference Report and the Homeowner shall, prior to the termination of the stay, file an appearance and answer or responsive pleading with the Circuit Clerk if the Homeowner intends to contest the foreclosure. MEDIATION S. Timing/Scheduling of Mediation: Mediation shall be scheduled in a timely fashion with the goal of being an expeditious and expense-saving alternative to traditional litigation for all parties. All parties shall use their best efforts to achieve a timely disposition and not delay the proceedings. The plaintiff or its counsel must submit a completed Plaintiff’s Checklist in substantially the form set forth as Exhibit FM-5 to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. at least 10 calendar days before the first mediation session or mediation management conference. Unless additional documents are requested prior to the first mediation session, the servicer/lender shall have reviewed all documents submitted and made a decision regarding the case by the time of the first session (see Section W below). If the servicer/lender issues a decision letter or a letter requesting additional documents to the Homeowner, Plaintiff’s counsel shall provide a copy of the letter to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. within 7 calendar days of said letter being issued. If the servicer/lender extends any offers to the Homeowner, Plaintiff’s counsel shall provide a copy to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. within 7 calendar days of said offer being made. These offers include (but are not limited to) trial payment plans, permanent loan modifications, repayment plans, partial claims, short sales, consent foreclosures, and deed-in-lieu of foreclosure agreements. If for any reason either party cannot attend a mediation session or feels additional time is needed, they may request a continuance. The party requesting the continuance shall contact the Program Administrator to make such a request at least 10 calendar days prior to the scheduled session unless it is an emergency situation. T. Mediation – Location - Attendance: Mediation will be conducted remotely via a secure video conference platform that allows for attendance by computer, phone, and tablet. The video conference platform should also allow for private caucuses between the parties, their attorneys, and the mediator. The specific platform shall be determined by the Program Administrator with the approval of the court. The Homeowner, Plaintiff’s counsel, and a representative from the plaintiff with the full authority to make decisions on the case are required to attend all mediation sessions and mediation management conferences. The representative from the plaintiff may be an underwriter, loss mitigation person, or any other representative with the full authority to enter into a retention agreement or to negotiate a disposition. In no case are photographs or recordings of the proceedings, parties or personnel attending allowed. Should the Program Administrator or the mediator assigned to the case believe it to be beneficial to the mediation process, mediation may instead be conducted in-person. In-person mediation shall be conducted at the 17th Judicial Circuit Foreclosure Mediation Office, 400 W. State Street, Rockford, IL 61101. In the event of in-person mediation, the Program Administrator may, at their discretion, allow any party to attend remotely via the same video conference platform described above. U. Other Lienholders – Right to Participate: Any other lienholders may attend any scheduled mediation. To the extent the mediator requests that another lienholder be invited to attend, Plaintiff’s counsel shall provide such notice. V. Mediation Management Conferences: A mediation management conference may be scheduled in the Program Administrator’s discretion within 45 calendar days of the Pre-Mediation Report. The mediation management conference may be facilitated by the Intake Coordinator, Program Administrator, or mediator. The goals of the conference are to determine whether a complete loss mitigation packet or servicer/lender-generated relinquishment document has been received, determine pay-off or reinstatement amounts, and determine whether the lender is ready to issue a decision on a Homeowner’s submitted loss mitigation packet or servicer/lender-generated relinquishment document. Once the plaintiff indicates that it is ready to issue a decision, the Program Administrator will schedule a mediation session. Should the Homeowner receive the plaintiff’s decision and decide to accept it without further discussion, the Homeowner shall contact the Program Administrator to cancel any pending sessions. W. Mediation – Good Faith - Sanctions: The mediator shall remind both the Homeowner and the plaintiff of the need to complete matters in a timely fashion and to participate in the mediation process in good faith. All parties shall participate in good faith, which shall at a minimum mean timely appearance at mediation management conferences and mediation sessions, and avoiding conduct which unnecessarily delays the process (for example; not providing the Program Administrator with a Loss Mitigation application packet or relinquishment documents within 15 calendar days once a Homeowner is deemed eligible for the program; failure to adhere to any agreements entered into; not providing or requesting documents within the time frames specified in these rules; or indicating a readiness for the case to be set with a mediator when it is not per the Plaintiff’s Checklist). It is the plaintiff’s responsibility to have reviewed all submissions prior to any mediation management conferences or mediation sessions. Failure to abide by the mediation rules, or failure to participate in good faith in the mediation process, may result in sanctions to be imposed by the Circuit Court. For servicers/lenders, sanctions may include, but are not limited to, dismissal of the action by the Court, with the servicer/lender unable to recover its costs of re-filing in any subsequent foreclosure action. Upon written motion, additional sanctions for either party may include, but are not limited to, reasonable attorney’s fees, fines, and lost wages attributable to the misconduct. Additionally, sanctions may include ordering the parties to return to mediation under conditions to be established by the judge presiding over the case, or in egregious cases dismissal, default on the merits, and/or monetary sanctions. The judge may place a party or lawyer/law firm in a probationary status, short of sanctions, to address recurrent problems. X. Mediation Report – Termination – Finalization of Agreement: At the conclusion of each mediation session or mediation management conference, the mediator or facilitator shall complete a report in substantially the form set forth as Exhibit FM-6. The report shall indicate at least one of the following regarding the result of the mediation: (1) The mediation resulted in a retention agreement between the parties, and the plaintiff will dismiss the case in due course. If the agreement fails, the plaintiff may file a motion seeking relief from the stay and the entry of judgment. (2) The parties have entered into a trial period, and a mediation session or mediation management conference is scheduled to confirm the transition to a permanent modification after the trial period ends. (3) The mediation resulted in a relinquishment agreement between the parties, and no further mediation sessions or mediation management conferences are scheduled at this time. If the agreement is successful, the plaintiff will dismiss the case in due course. (4) The mediation did not result in an agreement between the parties and the case is returned to the court. (5) The mediation did not result in a final agreement between the parties, but the case is scheduled for a follow-up session to permit further discussion. (6) If any party failed to participate in the mediation session or mediation management conference in good faith, the mediator or facilitator should so indicate. If any party failed, at any time during the mediation program, to follow the guidelines set forth in Section W, the Mediator or Program Administrator should so indicate. In circumstance No. 1, No. 2, No. 3, and No. 5 above, the stay on foreclosure proceedings continues. If the agreement fails in such circumstances, the plaintiff may file a motion seeking relief from the stay and the entry of judgment (see Section P). In circumstance No. 4 above, the stay on foreclosure proceedings is lifted 21 calendar days after the issuance of the Mediation Report. The Mediation Report shall be submitted to the Program Administrator after the session concludes. The Program Administrator shall file the report with the Circuit Clerk, and provide copies to all parties as well as the judge supervising mediation. Y. Communications to Remain Confidential: All communications during mediation sessions and mediation management conferences, any communication between the Program Administrator and any party to the case, and all documents used by the Intake Coordinator, Program Administrator and the mediator, except for the Plaintiff's Checklist, any written agreement, or official reports to the court regarding the results of the mediation or pre-mediation conference, or any mediation management conference are to be kept confidential and will be maintained in a separate place for the use of the Court. They are not official court case file records and are not discoverable. One of the program's goals is to encourage the parties to fully communicate by engaging in a confidential mediation process. However, where there is a contention that a party to mediation has failed to participate in good faith in mediation, or where there is an issue raised regarding non-compliance with these Rules, the Judge may permit inquiry as needed to explore that contention. MEDIATORS Z. Appointment, Qualifications, and Compensation of Mediators: The Chief Judge shall maintain a list of certified mediators upon the recommendation of the judge supervising mediation and shall, by General Order, issue a schedule for their compensation. For approval as a mediator, an individual must submit an application to the Chief Judge and satisfy the following requirements: (1) Be a retired judge; or (2) Be a member in good standing of the Illinois bar, a certified public accountant, or a licensed real estate broker with at least five (5) years of professional licensure (or, if retired, may seek approval from Chief Judge if these requirements were met as of the time of retirement); and (3) Complete a 40-hour civil mediation course and a mortgage foreclosure mediation training program approved by the Chief Judge. If a mediator-applicant does not meet criteria No. 1 or No. 2 above (i.e., they are professionally licensed outside of Illinois), the Chief Judge may approve their application if the applicant demonstrates that their background satisfies ethical standards and provides equivalent experience. AA. Conflicts: Mediators approved for the Foreclosure Mediation Program by the Chief Judge shall not participate in residential mortgage mediations in this program in any case in which he or she represents a party in the foreclosure litigation. Upon approval, each mediator shall sign a certification acknowledging this prohibition. Violation of this provision will result in the mediator's removal from the Foreclosure Mediation Program. BB. Review of Eligibility: The eligibility of each mediator to retain his or her status shall be periodically reviewed by the Chief Judge. The mediators shall comply with general standards established by the Chief Judge. Failure to adhere to these general standards may be grounds for revocation of mediator approval by the Chief Judge. The Chief Judge may contract with an outside mediation service to provide these services. CC. Contract for Mediation Services: The Chief Judge may enter into a contract with an entity to provide mediation services subject to all Court Rules and Procedures. MISCELLANEOUS DD. Statistics: The Chief Judge shall maintain statistical data on the results of mediation, including the number of cases where the initial criteria were met and the number of cases where loans were modified or otherwise worked out between the parties and shall report the same to the Administrative Office of the Illinois Courts at such times and in such manner as required. EE. Immunity: The Intake Coordinator, the Program Administrator, and any person approved to act as a mediator under these rules, while acting within the scope of their duties, shall have judicial immunity in the same manner and to the same extent as a judge in the State of Illinois, as provided in Supreme Court Rule 99. FF. Ineligible Cases: Foreclosures of non-residential or commercial property are not eligible for mediation. Cases involving residential real estate in which any or all defendant borrowers have a pending bankruptcy, and where the bankruptcy stay on foreclosure proceedings remains in effect, are not eligible for mediation. GG. Training for Court Personnel: All mortgage foreclosure judges, key court personnel and volunteers designated by the Chief Judge shall complete training regarding mortgage foreclosure mediation as approved by the Chief Judge. HH. Meaningful Language Access: Interpretation services shall be provided by the 17th Circuit Foreclosure Mediation Program by either a competent interpreter or via “Language Line” services, as needed. II. Program Closure: The program will be closed annually from December 25th through January 1st, or if either date falls on a weekend, whichever dates the court is closed for these two holidays. All deadlines or other matters due within this timeframe are extended 7 calendar days from the due date. JJ. Sustainability Plan: It is contemplated that the Program will be sustained as needed and be self-sufficient as a result of the filing fee. The Program will be re-assessed for financial viability at least annually, and/or immediately if any resources provided for funding are reduced or discontinued. (Revised 11/27/2024) Back to the Top 2.15 JURY INSTRUCTIONS (CIVIL AND CRIMINAL) A. Form of Jury Instructions Jury Instructions shall be produced in clear, black print on white, opaque, unglazed paper, 8 ½ by 11 inches. Only one side of the paper may be used. The text must be single spaced, with each paragraph separated by one single space. Margins must be left justified and be one inch on all sides (except indentations as permitted). Documents may be produced by a word-processing system, typewritten or commercially printed, and reproduced by any process that provides clear copies consistent with the requirements of this rule. Typeface must be 12-point Times New Roman font throughout the document. Condensed type is prohibited. Carbon copies are not permitted. B. Submission of Jury Instructions Each party shall provide the court with two copies of each instruction. The first set of instructions shall be unmarked in a form suitable for submission to the jury. The second set of instructions shall be marked in advance in the following manner: the party's designation and instruction number, the I.P.I. number or citation to legal authority supporting the giving of the instruction, and the words "Given", "Withdrawn" and "Refused", followed by an underlined area to be checked, if appropriate. In addition, each party shall supply to the opposing party a set of “marked” instructions. (Amended 5/19/2016) Back to the Top 2.16 INTERPRETATION SERVICES A.Pursuant to the 17th Circuit Court's Language Access Plan , interpretation services are available to assist limited Englishproficient persons for all routine matters appearing on the Court docket. B. Any limited English proficient (LEP) party requiring the assistance of interpreting services for a duration of fifteen minutes or less shall complete an Interpreter Request Form available under “Available Resources” at 17thcircuit.illinoiscourts.gov (lower right of “home” page) for each court appearance. Completion of this form advises the court that the LEP party will be present for that specific court date. Court personnel, attorneys, or service providers aware of the need for an interpreter are encouraged to complete an Interpreter Request Form. C. If at any time an LEP party requires interpreting services for a duration of more than fifteen minutes (for example a plea, prove-up, evidentiary hearing, trial), the LEP party, or his or her attorney, shall (i) file a motion to appoint an interpreter, directed to the judge presiding, and (ii) provide a copy of any Order generated regarding interpreting services to Trial Court Administration within 2 business days of the order being generated, but not less than three weeks prior to scheduled court date for Spanish requests or four weeks prior for all other languages. D. A requesting party has the continuing duty to advise the Court Administrator’s Office in writing of any changes affecting the scheduling of the interpreter, including rescheduling of court dates, new court dates, change of hearing type, or the anticipated non-appearance of the LEP party. Cancellation of interpretation services shall be made as soon as possible, and no later than three business days prior to the next court date, by notification to the Court Administrator’s Office to avoid undue expense and inconvenience. (Enacted 4/3/2018) Back to the Top 2.17 FILING AND APPROVAL OF ATTORNEY FEE PETITIONS A. General 1. The provisions of this rule apply to Fee Petitions presented to the Court for approval and payment by the County by attorneys appointed to represent indigent parties.This rule does not apply to: (a) Guardians Ad Litem retained by parties wherein the expenditures do not obligate public funds; and (b)Attorneys retained under contract. B. Filing and Approval 1. Fee Petitions, accompanied by a detailed invoice and proposed Order for Attorneys Fees, shall be e-filed in those cases where e-filing is mandated and be submitted over-the-counter in those cases where e-filing is not mandated. 2.The presiding judge will review the Petition pursuant to the standards set forth in Supreme Court Rule 299 and enter an Order ruling on the fee petition or setting the matter for hearing. 3. Once approved, a copy of the Fee Petition and invoice, with an unduplicated invoice number from the attorney’s office, shall be submitted to the respective Trial Court Administration Office: Winnebago County Courthouse 400 W. State Street Rockford, Illinois 61101 Boone County Courthouse 601 N. Main Street Belvidere, Illinois 61008 4. Fee Petitions shall be named to indicate whether it is the first petition for fees, second petition for fees, and so on. When applicable, Fee Petitions shall also conform to General Order 4.06. 5. Unless otherwise obligated to submit Fee Petitions by statute, Fee Petitions shall be filed with the court within 90 days of the initial appointment, at every 90-day period thereafter throughout the course of the appointment, and no later than 60 days after entry of a final order disposing of the case. C. Content of DetailedInvoices 1. A separate Fee Petition and invoice is required for each case appointment. Each invoice shall conform to the following: (a)Time for work spent performing a service should be reported in tenths of an hour (.1); (b) Each task performed must be reflected separately; (c) Separate, unrelated tasks shall not be “bundled” in one entry; (d) Without violating Canons of Ethics or disclosure of attorney work product, entries must include specific detail to permit meaningful review including, but not limited to: specifying identifying information for witness interviews, identification of participants in telephone conversations or conferences and topic discussed, specific topics researched, identification of documents reviewed, identification of documents prepared including the number of pages and an explanation sufficient to explain their relevance to the case; and (e) In-Court time and Out-of-Court time shall be clearly delineated on each invoice. 2.The following activities, generally, should not be included in Fee Petitions and invoices: (a) Activities that are purely administrative, including but not limited to opening of a case, closing of a case, or time spent preparing an invoice; and (b) Uncompleted phone calls where a voicemail is not left. D. Transcript Fees 1. Requests for payment by the County for transcript fees shall submit the following to the Supervisor of Court Reporters for the 17th Judicial Circuit: the Transcript Request Form, a copy of the Appointment Order, and a copy of an order specifying that the costs of the requested transcript is to be paid by the County. The Transcript Request Form shall be specific as to what portion of the record is sought. (Enacted 9/4/2018) Back to the Top 2.18 COURT-ANNEXED EVICTION MEDIATION I. INTRODUCTION The Illinois Supreme Court has encouraged each judicial circuit to establish early resolution programs to allow for alternative dispute resolution of eviction cases. The 17th Judicial Circuit establishes a residential eviction mediation program, effective September 13, 2021. It is designed to assist tenants and landlords in Winnebago County pursue mutually beneficial alternatives to eviction, and to aid the administration of justice by promoting judicial efficiency. II. ACTIONS ELIGIBLE FOR MEDIATION A. From the effective date of this rule, the parties in residential eviction proceedings (as defined by the Illinois 765 ILCS §705) filed in Winnebago County are eligible for the Seventeenth Judicial Circuit Court Eviction Mediation Program (the “Mediation Program” or the “Program”), subject to the stipulations set forth herein. B. Evictions of non-residential or commercial tenants are not eligible for mediation. III. PROGRAM STAFF The position of Program Coordinator is established to oversee the daily operations of the Program, whether or not a direct employee of the Seventeenth Circuit, and serves only with the approval of the Chief Judge, and acts as an agent of the court. The designated duties of the Program Coordinator as set out within these rules may be assigned, delegated, or referred to other court employees, financial and housing counseling agencies, legal aid organizations, bar associations, or other third parties as recognized by the Court. IV. MEDIATION PROCEDURE A. Plaintiff shall use “Eviction Court: Additional Information” in substantially the form set forth in Appendix RR-3. Plaintiff shall attach “Eviction Court: Additional Information” form shall be attached to, and served with, the complaint. B. The judge presiding in eviction court will make an assessment of whether a case can benefit from mediation, considering, among other things, the nature of the dispute, the willingness of the parties, and the likelihood of a successful mediation. Those cases selected by the judge will be referred to the Program. C. Mediators will be scheduled by the Program Coordinator as available for the Eviction first appearance calls. In cases deemed appropriate for the mediation program, the Judge will send the parties to immediate mediation, or refer to the Program Coordinator for scheduling of a mediation. The Coordinator will schedule the first mediation no more than 7 business days from the first appearance whenever it is appropriate and feasible. D. The Program Coordinator, in her discretion, may extend scheduling of the first session, and may schedule any subsequent mediation sessions, up to 21 business days from the first court appearance. Mediation sessions outside of 21 business days may be scheduled only by mutual agreement of the parties. E. The Program Coordinator shall retain discretion to terminate cases from the program within the first 21 business days of the first court appearance. F. Referred partieswill be required to complete an intake for enrollment with the Program Coordinator or her designee before or at the first court appearance. Program shall collect appropriate information and refer parties to appropriate services, including but not limited to financial counseling and rental assistance. The Program Coordinator will inform participants that legal services will not be provided, and direct those desiring but unable to afford legal assistance to contact Prairie State Legal Services. Any personal data captured by the Program shall be limited to use by the Program and its financial counseling, rental assistance, and pro bono legal aid partners, and shall not be shared or utilized for any other purposes. Aggregated, non-personal data shall be shared with the Administrative Office of the Illinois Courts, as set forth in section X. Reports. G. In addition to completing an intake for enrollment as noted in F. above, referred parties and/or their counsel, if any, are required to participate in the mediation session(s) in good faith. Failure to participate in good faith by defendant and/or their counsel may result in termination of the case from the Program. Repeated failure of plaintiff and/or their counsel to participate may be grounds for the Court to dismiss the case. The Court shall prohibit any judgment from being entered until mediation has taken place. Any representatives for a party must possess full settlement authority in order to participate in the mediation. H. Mediations will be conducted by telephone or video conference, as to be determined by the Program Coordinator. I. Upon the conclusion of each mediation session, the Program shall file a report with the Court indicating the outcome. If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Program shall submit it to the Court for approval. The Circuit Clerk shall provide a copy of any orders resulting out of mediation to the parties. If the parties do not reach agreement and no further mediation session is scheduled, the plaintiff(s) may return to court to proceed with the eviction action. V. QUALIFICATION, APPOINTMENT, AND COMPENSATION OF MEDIATORS A. The Program Coordinator, with the consent and approval of the Court, shall appoint mediators from a roster of approved Mediators, which shall be established by the Court. B. All eviction eviction mediators shall provide copy of Insurance for Mediation Services policy and successfully complete a minimum of thirty (30) hours mediation training skills program, the content of which is acceptable to the Court, plus additional eviction training which shall be approved by the Court. Additionally, eviction mediators shall possess either: (i) a Juris Doctorate degree with demonstrated experience or; (ii) a background in mediation with experience acceptable to the Court, or (iii) be a law student at an ABA accredited law school and participate as a mediator under the supervision of a circuit court approved evictions mediator. By making an application to become approved under these rules, the applicant shall be deemed to have consented to disclosure of the information submitted in connection with his or her application. C. Mediators shall comply with these rules, applicable law, and standards to be developed by the Court for this program. D. A mediator mediator shall not be involved in any capacity other than mediator in any case to which the mediator is assigned. If the Program Coordinator is also a mediator for the Program, this provision does not bar the Program Coordinator from completing administrative functions for the case. No mediator may use any information obtained during the mediation process for any purpose outside of mediation unless required to do so by law. A mediator shall not mediate a matter that presents a conflict of interest. E. If a mediator on the Program’s roster fails to comply with these rules or other standards as determined by the Court, the mediator’s license to practice law is revoked or suspended, or the mediator demonstrates unprofessional conduct, any or all of the following may occur: a. The Program Coordinator may inform the mediator of any concerns; b. The frequency of assigned mediation cases may be reduced or stopped until the mediator demonstrates the ability and willingness to comply with the mediator standards; c. A course for improvement may be required for the mediator, including additional training, observation, and training material review; d. I, in the opinion of the Court, the mediator does not demonstrate the ability and willingness to comply with all of the specific and general mediator standards described in the local rules and any other standards required by the Court, the Court may remove the mediator from the roster of approved mediators. F. A mediator shall be compensated according to the rate established by the Court. VI. DISCOVERY Pursuant to the Illinois Uniform Mediation Act, 710 ILCS 35/1 et seq., mediation communications are privileged against disclosure and not subject to discovery or admissible in evidence in a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery. Mediation communications are also privileged against disclosure and not subject to discovery or admissible in evidence in a legislative hearing or similar process. Disclosure of mediation communications shall not be compelled in any arbitration, administrative hearing, adjudication, civil action, or non-criminal proceeding in which, pursuant to law, testimony can be compelled to be given. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in mediation. VII. CONFIDENTIALITY Pursuant to the Illinois Uniform Mediation Act, 710 ILCS 35/1 et seq., all oral and written communications to the Program or the mediator, other than written agreements between the parties, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the underlying cause of action, unless otherwise authorized by all parties. VIII. IMMUNITY The Program Coordinator and any person approved to act as a mediator under these rules, while acting within the scope of his or her duties, shall have judicial immunity in the same manner and to the same extent as a judge in the State of Illinois as provided in Supreme Court Rule 99. X. REPORTS A. The Court shall report to the Supreme Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, and participant satisfaction rates and survey results. Said report shall be submitted to the Supreme Court on a quarterly basis or as requested by the Administrative Office of the Illinois Courts. B. The Program Coordinator shall report to the Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, participant satisfaction rates and survey results, the number of mediation sessions conducted, case outcomes, time from referral to resolution/return to court and a summary of noted problems relevant to the effective administration of the Program. Said report shall be submitted on a quarterly basis or as otherwise requested by the Office of the Chief Judge. (Enacted 9/10/2021) Back to the Top
