Court & Hearings

A lawsuit is a legal process where one person or business asks a court to resolve a dispute. The person who starts the lawsuit is called the plaintiff A person or party that starts a lawsuit or petitioner. A person who makes a written request to a court The person or business being sued is called the defendant The person or organization being sued in a lawsuit or respondent. A person who has a petition filed against them

In a civil lawsuit, the court does not punish anyone or decide criminal guilt. Instead, the court decides whether the plaintiff or petitioner has proven a legal claim and what, if anything, the defendant or respondent must do to fix the problem. Most civil lawsuits ask the court to order someone to pay money or decide a legal right or responsibility.

A lawsuit usually happens in stages. It often starts with filing paperwork and notifying the other side. The court may then set deadlines, hold court dates, and allow both sides to share information and evidence. Anything used to show that something is true Some cases are dismissed, some settle To resolve a case before finishing a trial before trial, When the issues of a case are heard in court and decided by a judge or jury and others go to a hearing When the parties in a case present their sides of a case to a judge or other officer or trial where each side presents their case.

A lawsuit follows formal rules and deadlines. The judge, or sometimes a jury, makes the final decision based on the law and the evidence.

In most cases, you can start a lawsuit by filing paperwork and paying a filing fee. Fee charged for filing court documents The court does not decide whether your case will win before it is filed. However, your paperwork must include enough facts to show that you have a valid legal claim and clearly explain what you are asking the court to do.

Not every problem is something a court can fix. If your case does not fit the law, it may be dismissed, or you may lose after a 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 This can cost you time and money.

In general, a lawsuit may make sense if:

• The other person or business had a legal duty A legal obligation to do something to you
• That duty was broken
• You suffered a real loss, such as losing money or property
• The court has the authority to hear Listen to and judge a case your case
• You file before the legal deadline, called the statute of limitations

It can also help to think about practical issues, such as:

• How strong your legal claim is
• How much money or property is at stake
• Whether the other side can pay if you win
• The costs involved, including filing fees and other expenses

If possible, talk to a lawyer before you file. Even a short conversation may help you understand:

• Whether the law supports your claim
• How long you have to file a case
• What risks or challenges you might face
• Whether there are other options besides a lawsuit

There are other options besides going to court that may cost less and be faster:

• Settlement: You and the other side come to an agreement without asking a judge or jury to decide.
• Mediation: A trained neutral third party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. helps you try to reach an agreement. The mediator A neutral person who helps parties in a case reach an agreement outside court does not decide the case. Any agreement is put in writing and must be followed.

If you represent yourself, you must follow the same rules and deadlines as a lawyer. Judges and court staff cannot give legal advice. You may need to spend time learning the process and preparing your case. Learn about doing your own legal research.

Thinking through these issues ahead of time can help you decide whether starting a lawsuit makes sense for your situation.

Illinois law sets time limits for filing lawsuits. These deadlines are called statutes of limitations. Length of time to file a suit in court before a person is no longer legally able to The deadline depends on the type of legal claim you are bringing.

For example, different time limits apply to contract disputes, property damage or personal injury cases.

You usually must file your lawsuit before the deadline runs out. If you miss the deadline, the court will likely dismiss your case, even if you would otherwise win. For more information, see Common statutes of limitation.

When you start a lawsuit, you usually have to pay court costs, The fees for going to court, including filing, serving, and getting transcripts including:

• A filing fee Fee charged for filing court documents to open your case
• Service fees to have the other side formally notified of the lawsuit

The amount depends on the court and county where you file. Other costs may come up after your case starts, such as:

• Fees to file certain motions
• Costs for copies or certified court documents
• Expenses related to evidence Anything used to show that something is true or witnesses

If you cannot afford court costs, you can ask the court for a fee waiver. If approved, some or all court fees may be waived.

You start a lawsuit by filing a 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 and Complaint or Petition (noun) A written request to a court (verb) To request from a court with the court. For step-by-step instructions, see Filing a lawsuit complaint.

To start a civil lawsuit in Illinois, you will usually need these forms:

• Complaint or Petition: This form is used to start a lawsuit. It explains the facts and legal grounds for your lawsuit, as well as what you are asking the court to do.
• Summons: The form that tells the defendant The person or organization being sued in a lawsuit or respondent A person who has a petition filed against them that you filed a lawsuit and explains how and where they must respond.
• Proof of delivery: A form that shows the Summons and Complaint or Petition were properly delivered to the defendant or respondent.
  • The summons packet linked above includes a proof of delivery form that must be completed after service. Some sheriffs or process servers may use their own version of this form, sometimes called a certificate of service or a sworn affidavit. A notarized written statement signed by a person under oath
• Jury Request: Use this form if you want a jury trial. A trial decided by a judge and a jury In a jury trial, the judge oversees the case, and the jury decides the facts. Learn about the difference between jury and bench trials.
• Fee Waiver Application: When you file your case, you must pay a filing fee. Fee charged for filing court documents If you cannot afford the fee, you can file this form to ask the court to waive To give up a legal right or pardon a fee or reduce the filing fee.
• Civil Cover Sheet A form filed by the plaintiff with the complaint at the start of a lawsuit : A short administrative form that provides basic information about your case, like the names of the parties and the type of case. Some counties require this form when you file your lawsuit. There is no statewide Civil Cover Sheet form, but some counties have their own form online. Contact the circuit court clerk to find out if one is required.

Your Complaint or Petition must clearly explain your case and what you are asking the court to do. In general, it should include:

• The facts: Explain why you are suing. Describe what happened, when it happened, and who was involved. Write your facts in short, numbered paragraphs. Each paragraph should focus on one separate fact or issue. It helps to list them in the order they happened. These paragraphs are sometimes called allegations.
• Your legal claim: Explain the legal reasons for your lawsuit and the law that supports your case. For example, if you are suing for breach of contract, explain what was agreed to, how the other person did not follow the agreement, and why the law says you should win.
• What you are asking for: Tell the court what you want. This might include money damages, return of property, or an order requiring someone to do or stop doing something. If you are asking for money, include the amount.
• Documents (in some cases): If your claim is based on a written document, such as a contract, Illinois law generally requires you to attach a copy of that document to your Complaint or explain why you cannot attach it. Do not attach other evidence. Anything used to show that something is true You will present your evidence later in the case.

Be specific and include names, dates, places, laws, or rules that support your case, and any other important details. You usually need the judge’s permission to update or change your Complaint or Petition after you file it.

A 30-day 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 tells the defendant The person or organization being sued in a lawsuit or respondent A person who has a petition filed against them to file a response A formal written answer to the plaintiff or petitioner's written statement within 30 days after they are served with the lawsuit. A date certain summons tells the defendant or respondent to attend court on a specific date. On the Summons form, you must check which type you are using.

• Use a date certain summons if you are asking for $50,000 or less, asking to recover personal property you believe the defendant has, or if your case must go to mandatory 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.
• Use a 30-day summons for most other types of cases.

If you are using a date certain summons, you will need to get a court date from the circuit court The lowest level of court in Illinois clerk. In some counties, you will be given a court date when you e-file the Summons. List the court date in the Summons.

For information on how to decide where to file your lawsuit, see Step 2 of the Filing a lawsuit instructions.

The proper county where a case should be filed is called venue. In general, you should file your case in the county where:

• The person you are suing lives or does business, or
• The event that led to your case happened.

Filing in the wrong county may delay your case or result in the case being dismissed Cases dismissed with no further action anticipated. or transferred to another court. If you are unsure which county is correct, talk to a lawyer before filing.

Small claims cases are lawsuits where the amount of money requested is $10,000 or less. They are handled in the small claims division of the circuit court. The lowest level of court in Illinois Small claims cases are designed to be simpler and more accessible for people without lawyers. The process is usually faster and less formal than other civil cases, and the forms are generally easier to complete.

You may want to use small claims if:

• You are asking for $10,000 or less,
• Your case is straightforward, and
• You want a simpler court process.

Small claims may not be a good option if:

• You want to sue for more than $10,000, or
• You want the judge to order someone to do something, stop doing something, or return specific property to you.

For information about bringing or responding to a small claims case, see Suing someone for $10,000 or less.

You must officially notify the other side by having them “served” with a Summons and a copy of your Complaint A written statement to start a lawsuit that says what the defendant did or Petition (noun) A written request to a court (verb) To request from a court . This usually means arranging for the papers to be delivered by the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or a certified process server. Someone other than a sheriff who serves a summons You cannot serve Giving court documents to someone the papers yourself.

For step-by-step instructions, see Serving a Summons.

Serving a defendant The person or organization being sued in a lawsuit who lives outside of Illinois can be more complicated than serving someone who lives here. In many cases, you must follow Illinois service rules as well as the rules of the state where the defendant lives. You may need to arrange service through a sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process server Someone other than a sheriff who serves a summons in that state. Because the rules can vary depending on the situation, you may want to speak with a lawyer Someone who represents clients in courts or who gives legal advice before trying to serve Giving court documents to someone someone outside of Illinois.

In some limited situations, a judge may allow you to serve a Summons in non-traditional ways. These methods are uncommon and are usually a last resort. You must make a reasonable effort to find the defendant The person or organization being sued in a lawsuit before the judge will allow another way of serving them. If you cannot find the defendant after making reasonable efforts, you may ask the court for permission to serve them another way. For more information about your options, see our instructions on how to serve a Summons.

A 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 usually gives the defendant The person or organization being sued in a lawsuit (or respondent) A person who has a petition filed against them 30 days to file an 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. . If they do not respond, first confirm that they were properly served. You can check with the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or process server Someone other than a sheriff who serves a summons to see if the Summons was delivered.

If the defendant was not served, you must get and serve Giving court documents to someone an Alias A name, such as a nickname, that is used by someone but is not their legal name Summons. An Alias Summons is a second summons and is served the same way as the original. You cannot move forward with your case until the defendant is properly served.

If the defendant was properly served but still does not respond by the deadline, you may be able to ask the court for a default judgment. When a person loses a case because they don't file an appearance or show up in court

You are usually notified that you have been sued when you are formally “served” with a Summons and a copy of the Complaint A written statement to start a lawsuit that says what the defendant did or Petition (noun) A written request to a court (verb) To request from a court . This is often done by the sheriff A county officer who can serve people with summons. They can evict someone with a court order. or a certified process server Someone other than a sheriff who serves a summons who delivers the papers to you in person. In some cases, the judge may allow you to be served by mail or by a notice published in a newspaper. Learn about how a Summons is served.

The Summons will list the case number, A number assigned to a case that is on every paper filed in the case the court location, and the deadline to respond. It will tell you what you need to do. You may have to go to court, which could be in person, by phone, or by video. Or you may need to file paperwork with the court, such as an 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. or an Answer A written statement used to respond to the complaint or petition in a lawsuit .

It is important to respond by the deadline and attend any scheduled court date. If you do not respond, the judge may enter a default judgment against you. This means the other side can win the case without hearing When the parties in a case present their sides of a case to a judge or other officer your side.

Sometimes people do not realize they were sued until after a default judgment is entered. They may find out when their wages The amount of money that a person is paid for work they do are garnished or their bank account is frozen. If that happens, you may be able to ask the court to cancel (“vacate”) the default judgment. You may want to speak with a lawyer Someone who represents clients in courts or who gives legal advice about your options.

You should not ignore a 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 . If you do, you will likely lose the case by default.

A Summons is an official notice that you have been sued. It tells you what you must do next. In some cases, the court will schedule a court date, which may be in person, by phone, or by video. In other cases, you may need to file paperwork with the court, like an Appearance or an Answer. Your Summons will explain what you must do and when you must do it. If possible, talk to a lawyer Someone who represents clients in courts or who gives legal advice as soon as you receive it.

While you are not required to respond to a Summons or participate in a lawsuit, ignoring it can have serious consequences. If you ignore a Summons, the judge may enter a default judgment against you. This means the other side can win the case without hearing When the parties in a case present their sides of a case to a judge or other officer your side, and the court may order you to pay money or do or stop doing something. You will still have to follow the court’s decision even if you did not participate in the lawsuit. In some cases, you may be able to ask the court to cancel (“vacate”) the default judgment. You may want to speak with a lawyer about your options.

Important: There is one kind of summons that you cannot ignore. You cannot ignore 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 may get this after someone wins a money judgment against you. It requires you to go to court and answer questions about your income and property. If you get a Citation to Discover Assets, you should talk to a lawyer right away. If you do not go to court or refuse to follow the judge’s order to share information, the judge may hold you in contempt of court. When someone violates a court order or disrespects the court This can lead to fines or even a warrant for your arrest. The warrant would not be for failing to pay a debt. It would be for not following the judge’s order.

Yes. A summons and a subpoena A court order requiring someone to show up in court, usually to give information both notify someone about a court proceeding, but they are used for different purposes.

A summons is an official notice of a lawsuit. It is given to the person being sued to let them know a case has been filed against them and that they must respond or appear in court. The summons must be formally delivered, or “served,” according to specific rules. For step-by-step instructions on serving a summons, see how to serve a summons.

A subpoena is a court order that requires a person to testify To answer questions under oath in court, answer A written statement used to respond to the complaint or petition in a lawsuit questions at a deposition, An oral statement made under oath or provide documents or other evidence. Anything used to show that something is true It must be personally served by the sheriff, A county officer who can serve people with summons. They can evict someone with a court order. a process server, Someone other than a sheriff who serves a summons or another adult Any person 18 years old or over who is not a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. to the case. You can typically get a subpoena form from the clerk of the court, and in many counties, it may be available on the clerk’s website. If the subpoena requires someone to appear, you generally must pay witness A person who answers questions in court under oath and mileage fees at the time of service. Read more about subpoenas.

No. You are allowed to sue someone in Illinois without a lawyer. Someone who represents clients in courts or who gives legal advice

Many people represent themselves in civil cases, especially in small claims court. However, representing yourself can be difficult. You are expected to follow the same court rules and deadlines as a lawyer, including rules about filing papers, evidence, Anything used to show that something is true and court appearances.

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

• Your case is complicated
• You are suing for a large amount of money
• The other side has a lawyer
• You are unsure which court or legal claim applies

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