PART 8.00 Written Orders and Judgments (Civil)

8.00 Written Orders and Judgments (Civil)


8.00 WRITTEN ORDERS AND JUDGMENTS (CIVIL)

When the judge requires the submission of a written order or judgment, the clerk shall make a notation to that effect and all parties and their counsel shall cooperate to effectuate the timely preparation and presentation of the same. Such order or judgment shall:

  1. Be prepared by the prevailing party or as the judge directs;
  2. State the judge's name, bear the legend "PREPARED BY:______________", followed by the name, Winnebago County circuit clerk's attorney identification number, if applicable, address, and telephone number of the preparer;
  3. Be endorsed as "READ BY UNDERSIGNED" by all parties of record or their counsel. Endorsement shall be by signature of endorser, not simply by initials, and shall be made over the typewritten or legibly printed name, address and phone number of endorser;
  4. Be submitted to the clerk who shall date stamp it "Received" when so submitted and, if endorsed by, or on behalf of all parties of record, shall be promptly submitted by the clerk to the judge for signature.
  5. The party preparing the written order or judgment shall serve it on all parties of record within seven (7) days of the oral ruling for endorsement and, in multiparty suits, endorsement may be in counterparts.
  6. Any party objecting to the form of the draft order shall personally consult with the drafter within twenty-one (21) days after the oral ruling and, if the objections are not reconciled, the objector shall within twenty-one (21) days of the oral ruling, file a motion slip and notice and, if applicable, an appropriate motion, setting the matter for hearing by the judge who issued the oral ruling or judgment.
  7. If no motion or notice is filed within twenty-one (21) days of the oral ruling or judgment, the preparer may submit the order or judgment to the clerk with a proof of service reflecting that all parties of record were served with true copies of the order or judgment within seven (7) days of the oral ruling and the clerk, after confirming that no motion or notice objecting to the order or judgment have been filed, shall submit the order to the judge for signature even though the order shall be lacking endorsement by one or more of the parties.
  8. The clerk shall keep available in each court room blank forms for use by counsel in preparation or orders and judgments. Appendix D

(Adopted 10/1991)

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