Cortes y Audiencias

Illinois state courts

There are three levels of state courts in Illinois:

• Circuit courts,
• Appellate courts, and
• Supreme court.

Almost all cases start at the circuit court The lowest level of court in Illinois level. There are 23 judicial circuits that cover the 102 Illinois counties. Some circuits only cover one county, while others cover more than one county. When you go to court, you will probably be going to a local courthouse that is part of your judicial circuit.

Divisions in circuit courts

Circuit courts may be organized into divisions based on case type. Judges assigned to a specific division only hear Listen to and judge a case certain types of cases. Circuit courts in more populated areas, like Cook County, may have more divisions than circuit courts in smaller counties.

Below is a list of standard divisions you may see when going to court:

• Criminal: Some circuit courts may further divide criminal cases into misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. and felony A serious crime that is punishable by more than one year in prison divisions.
• Civil: Circuit courts may have separate divisions for probate A court process where a person's property is given out after they die law, chancery, and family law or domestic relations.
• Traffic: Judges may rule on cases involving drivers who got tickets for moving violations, traffic violations, driving under the influence The operation of any vehicle while under the influence of alcohol or narcotics. (DUI), speeding, or running stop signs.
• Juvenile: Judges may rule on cases involving abuse or neglect When a person acts with less care or caution than a regular person would have in the same situation of minor A person under 18 years old children. They may also handle cases where minor children have committed crimes.

Each circuit court is different and may organize its divisions differently.

Illinois federal courts

In addition to state courts, Illinois also has federal courts. The lowest level of federal court is called US district courts. Illinois has three:

• Northern District,
• Central District, and
• Southern District.

Cases in federal court are usually more complex and involve more money. Federal courts can only decide particular types of cases. Note: Bankruptcy is handled in federal court.

Review these common questions about federal courts to learn more about how federal courts work in Illinois. To find more information about the federal court system, visit the United States Courts website.

To find your court date, time, and location:

• Check your court papers, like your summons, A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court notice of hearing, When the parties in a case present their sides of a case to a judge or other officer or court order.
• Look up your case online. Many counties have case lookup tools. Learn how to access court cases.
• Call or visit the circuit court clerk’s office.

Check your email and e-filing account regularly if you are registered. If you signed up for e-service, you may receive court notices and documents by email through the e-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. system or by email.

The circuit court The lowest level of court in Illinois clerk is the official record keeper for the court. A case enters the court system when you file a case with the circuit court clerk. A circuit court clerk is not the same as a county clerk.

You may use the circuit court clerk's office to:

• File court papers in a case,
• Review a case's official court file,
• Get certified copies of a court order, or
• Pick up court forms.

Many circuit court clerks have websites that give information about using the court and the circuit court clerk's office. You may be able to find information about:

• Filing fees,
• Court locations,
• Court forms, and
• Community resources.

To find out how to contact your local circuit clerk's The office that takes care of files and documents for circuit court cases office, visit the Illinois Courts' website.

To navigate the court system, you will need some basic information about your case. You can usually find it on your court papers. You may also be able to find it by looking up your case online, but not all counties have online records, and they may not always be up to date.

Important information includes:

• Plaintiff’s A person or party that starts a lawsuit or petitioner’s A person who makes a written request to a court name
• Defendant’s The person or organization being sued in a lawsuit or respondent’s A person who has a petition filed against them name
• Case number A number assigned to a case that is on every paper filed in the case
• Judicial circuit
• County
• Division

If you filed the case, you are the plaintiff or petitioner. If a case is filed against you, you are the defendant or respondent.

You will need this information when you:

• File documents with the circuit clerk The office that takes care of files and documents for circuit court cases
• Contact the clerk’s office
• Look up your case online

No. Many people represent themselves in court. However, representing yourself can be difficult. You will be expected to follow the same rules as a lawyer, Someone who represents clients in courts or who gives legal advice including deadlines, filing requirements, and rules about evidence Anything used to show that something is true and court procedures.

A lawyer is not required, but legal help can be especially useful if:

• Your case is complicated
• The other side has a lawyer
• You are unsure about your rights or options

If you are charged with a crime and cannot afford a lawyer, you can ask the court to appoint a public defender to represent you.

Judges and court staff must remain neutral and cannot give legal advice. If you are not sure whether you need a lawyer, even a short conversation with one can help you understand your options before you file or go to court.

You may be able to get free or low-cost legal help depending on your income and the type of case. Below are some resources to help you get started:

• Learn about legal aid in Illinois and find free legal resources in your area through Get Legal Help.
• Learn how to access Illinois courts and file court papers from Illinois Court Help.
• Call telephone hotlines, such as the CARPLS Cook County Legal Hotline. There are also topic-specific hotlines, such as Eviction Help Illinois, IL Pride Connect, and Illinois Coalition for Immigrant & Refugee Rights.
• Visit or call help or advice desks, such as the DuPage County Bar Association Help Desks, the Peoria County Pro Bono Help Desk, and those in the Circuit Court of Cook County.
• Visit walk-in clinics, such as Legal Aid Chicago Clinics, Land of Lincoln Legal Aid events, and Chicago Volunteer Legal Service Clinics.
• Ask volunteer lawyers for non-urgent legal advice through Illinois Free Legal Answers.
• Pay a private lawyer to help with specific tasks in your case through Limited scope representation agreements. Limited scope representation, also known as “unbundling,” means you sign a written agreement with a lawyer that they will only handle specific tasks. You remain responsible for the rest of the tasks. For this reason, limited scope representation can be a more affordable option.
• Hire a private lawyer to represent you
  • Illinois State Bar Association lawyer referral service ($25 for a 30-minute consultation)
  • Hiring a lawyer who offers sliding-scale pricing or extended payment plans, like The Justice Entrepreneurs Project
  • Cook County lawyers
  • Immigration lawyers
• Do your own legal research:
  • Reach out to your local law library,
  • Visit a legal self-help center in your county, and
  • Learn more about doing your own legal research.

Important: If you are charged with a crime and cannot afford a lawyer, you can ask the court to appoint a public defender to represent you.

Yes. In some cases, you may be able to resolve your dispute without going to court or before your case goes to trial. When the issues of a case are heard in court and decided by a judge or jury Common alternatives include:

• Mediation: When a neutral person, called a mediator, works to help the parties in a case reach an agreement a neutral person helps both sides reach an agreement
• Arbitration: When parties present their case to a third person instead of going to court. The arbitrator’s decision is binding. This means it becomes part of the final judgment even if the parties don’t agree with it. a neutral person hears both sides and makes a decision
• Facilitation: a neutral person helps guide discussion and problem-solving
• Settlement: you and the other side agree on a resolution

These options can be faster, less stressful, and sometimes free or low-cost. Not all options are available in every case. Ask the circuit court The lowest level of court in Illinois clerk or check your court’s website to see what is available in your county. Learn about these alternatives to court.

Important: Even if you try to resolve your case outside of court, you should still:

• Follow all court deadlines
• Go to your court date unless the judge tells you otherwise

A remote hearing When the parties in a case present their sides of a case to a judge or other officer is a court hearing that takes place using technology instead of going to the courthouse in person. You may attend by phone or video, often using programs like Zoom. Learn about remote court hearings and how to prepare for them.

Your first court date may not be your hearing When the parties in a case present their sides of a case to a judge or other officer or trial. When the issues of a case are heard in court and decided by a judge or jury In many cases, the judge uses the first court date to:

• Review the case and court papers
• Confirm that everyone has been served
• Set deadlines or future court dates
• Decide what needs to happen next
• See whether the case can be resolved without a trial

You may need to briefly explain your side of the case or answer questions from the judge. In some cases, the judge may make temporary decisions while the case continues. To learn more about your type of case and what to expect, visit our legal topics page.

Some cases may be resolved at the first court date, but most require more than one court visit.

Read your court papers carefully before your court date. They should explain what you need to do and whether you need to bring anything with you. You can also contact your circuit court clerk or Illinois Court Help.

Important: Some court dates only take a few minutes. Others can take several hours. Even if your hearing is short, you may have to wait a long time for your case to be called. Try to plan for being at court for several hours.

Your court date may be in person, by phone, or by video (remote). Make sure you know how your hearing will take place and follow the instructions on your court notice. Check with the circuit court clerk for any other local requirements.

Your court notice may also explain what the hearing is about. For example, it may say whether the court date is to set future court dates, respond to or argue about a motion, A request to the judge to make the court or a party in the case do something discuss the status of the case, or have a hearing or trial. When the issues of a case are heard in court and decided by a judge or jury This can help you understand how to prepare. If you are not sure what you need to bring or do, it may help to talk to a lawyer Someone who represents clients in courts or who gives legal advice before your court date.

Before your court date, make sure you know:

• The date and time
• Whether your hearing is in person or remote
• The courthouse address or your Zoom or phone information

If your court date is in person:

• Arrive at least 30 minutes early to get through security
• Go to the courtroom listed on your court papers
• If no courtroom is listed, check posted schedules or ask the circuit court clerk
• Do not bring weapons or prohibited items. Some courts limit electronic devices

If your court date is by phone or video (remote court hearing):

• Have your login or call-in information ready
• Test your phone, computer, internet, camera, and microphone ahead of time
• Log in or call in at least 15 minutes early

Bring these items with you:

• Photo ID
• Copies of all documents you filed with the circuit court clerk
• Any other papers or proof related to your case
• Witnesses, photos, documents, or other evidence Anything used to show that something is true if the judge will be making decisions about your case that day

If possible, arrange childcare ahead of time and do not bring children unless they are part of the case.

Court can feel formal and confusing, especially if you do not have a lawyer. Someone who represents clients in courts or who gives legal advice You are expected to be respectful and follow court rules, whether your hearing When the parties in a case present their sides of a case to a judge or other officer is in person or remote. Dress neatly and respectfully, similar to how you might dress for an important meeting or job interview, even if your hearing is remote.

When your case is called:

• Go to the front of the courtroom or unmute yourself if remote
• Introduce yourself to the judge
• Speak clearly and only when it is your turn

During the hearing:

• Call the judge “Your Honor”
• Speak to the judge, not directly to the other side
• Do not interrupt, argue, eat, drink, or chew gum
• Turn off or silence your phone
• Be respectful to the judge, court staff, and everyone else in court

If your hearing is remote:

• Join from a quiet place with few distractions
• Mute yourself when you are not speaking
• Stay focused and avoid multitasking

If you do not understand what is happening, tell the judge. You can say, “Your Honor, I do not understand.” Judges can explain court procedures and what is happening in the case, but they cannot give legal advice or tell you what you should do.

Before you leave or log off:

• Listen carefully to the judge’s instructions
• Take notes about deadlines and next steps
• Ask for a copy of the judge’s order if needed

Missing a court date or ignoring court papers can cause serious problems.

If you miss a civil court A court where people or businesses bring problems in front of a judge. Civil courts are different from criminal courts, where a defendant is accused of a crime by the state. date, the judge may decide the case without hearing When the parties in a case present their sides of a case to a judge or other officer your side. This is called a default judgment. When a person loses a case because they don't file an appearance or show up in court It means the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. may automatically win because you did not participate. The judge may order you to do what the other side asked for, such as pay money, return property, or move out of a home or apartment. You may be able to ask the judge to cancel the default judgment by filing a Motion to Vacate.

If the court orders you to come to court or share information and you do not do it, the judge may hold you in contempt of court. When someone violates a court order or disrespects the court For example, if you get a Citation to Discover Assets, An order from the court. Asks the person to come to court and be questioned under oath. The court asks how much money they have and property they own. you must go to court and answer questions about your income and property. Learn more about the risks of ignoring a court summons.

To change a court date, you must ask the judge for permission by filing a motion asking to reschedule the hearing. Learn how to change a court date. If you know ahead of time that you cannot come to court, contact the circuit court clerk as soon as possible.

If you are running late, go to the courtroom as soon as possible and tell the courtroom staff when you arrive. Your case may already have been called, but the judge may still let you participate.

Important: If you miss a criminal court date or appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. , a warrant may be issued for your arrest.

Yes. Illinois courts must provide reasonable accommodations to people with disabilities so they can fully participate in court activities. This may include:

• Sign language interpreters
• Assistive listening devices or captioning
• Extra breaks or more time during hearings
• Help with completing court forms
• Large-print or accessible documents
• Remote appearances or changes to the courtroom location

Learn more about disability accommodations in Illinois courts. To ask for an accommodation, contact your court’s Court Disability Coordinator as early as possible before your court date or submit a Reasonable Accommodation Request. You can also ask the circuit court clerk how to find the coordinator for your court.

Yes. If you have trouble speaking or understanding English, or if you are Deaf, DeafBlind, or hard of hearing, you may have the right to a free interpreter for your court case or hearing. When the parties in a case present their sides of a case to a judge or other officer

Learn about language access in Illinois courts, including how to request an interpreter for your court case.