Money & Debt

Yes, court rules, general orders, and standing orders can impact small claims cases. 

Each kind of rule or order does something different. For example, in many courts:

• Statewide and local rules explain how cases work,
• General orders, also called administrative orders, set up processes, and
• Standing orders say how a courtroom operates.

Illinois Supreme Court Rules 281-289, which apply to all small claims cases, cover:

• The definition of a small claims case (Rule 281),
• What a plaintiff needs to include in a complaint and summons (Rules 282 and 283),
• When businesses must be represented by a lawyer (Rule 282),
• Scheduling the trial date (Rules 283 and 286),
• Serving a summons or service of process to collect by certified or registered mail (Rules 284 and 289),
• Requesting a jury trial (Rule 285),
• When the defendant has to appear in court, including whether the defendant needs to file an answer (Rule 286),
• Requesting an informal hearing (Rule 286),
• When depositions, discovery requests, and motions may be used during a case (Rule 287), and
• How a court can order a defendant to pay the plaintiff in installments (Rule 288).

Yes, there are two types of small claims court rules:

• Statewide rules set by the Illinois Supreme Court, which apply to all counties, and
• Local rules set by a judicial circuit, which may apply to a specific court, county, or group of counties.

In Illinois, there are 25 judicial circuits for the 102 counties:

• 7 circuits are for a single county (Cook, DuPage, Kane, Lake, McHenry, St. Clair, and Will), and
• 18 circuits have between 2 and 12 counties.

A judicial circuit with multiple counties can set rules for the entire group of counties. They may also have rules specific to certain courthouses or county circuit courts. Some judicial circuits do not have specific local rules for small claims cases.

Local rules in some counties explain details about what to expect in court. For example, many local rules cover:

• What a defendant needs to do to respond to the case,
• Whether a small claims case goes to trial on the first date,
• Accessing court-based mediation if it is available,
• How a plaintiff can ask for a default judgment against a defendant who does not show up to court, and
• When the case will be dismissed for want of prosecution.

No, a court can have local rules for all cases that also apply to small claims cases. For example, some judicial circuits have general rules for civil cases. 

However, if a court hearing a small claims case has local rules specific to small claims, they are usually a good place to start when learning how the court handles cases. Many local rules for small claims cases explain procedures such as what a defendant must do to respond to the case or how trials are scheduled.

Check the court’s website or ask the circuit court clerk’s office where the case is being heard to find out more about the local rules.

The following counties in Northern Illinois have specific small claims local rules:

• Will County (12th Judicial Circuit),
• Bureau, Grundy, and LaSalle County (13th Judicial Circuit),
• Kane County (16th Judicial Circuit),
• Boone and Winnebago County (17th Judicial Circuit),
• DuPage County (18th Judicial Circuit), 
• Lake County (19th Judicial Circuit), and
• Kankakee County (part of the 21st Judicial Circuit along with Iroquois County), and
• McHenry County (22nd Judicial Circuit).

Learn more about these rules in Local requirements for small claims cases in Northern Illinois.

The following counties in Central and Southern Illinois have specific small claims local rules:

• Alexander, Jackson, Johnson, Massac, Pope, Pulaski, Saline, Union, and Williamson County (1st Judicial Circuit),
• Crawford, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Lawrence, Richland, Wabash, Wayne, and White County (2nd Judicial Circuit),
• Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery, and Shelby County (4th Judicial Circuit),
• Clark, Coles, Cumberland, Edgar, and Vermilion County (5th Judicial Circuit),
• Champaign, DeWitt, Douglas, Macon, Moultrie, and Piatt County (6th Judicial Circuit),
• Fulton, Hancock, Henderson, Knox, McDonough, and Warren County (9th Judicial Circuit),
• McLean County (11th Judicial Circuit),
• St. Clair (20th Judicial Circuit), and
• Iroquois (part of the 21st Judicial Circuit along with Kankakee County).

Yes, general orders can matter in small claims cases. These orders usually set up specific local processes. Some courts call them administrative orders.

Examples of general orders include:

• Setting the amount people can sue for in Chicago’s Pro Se Branch, and
• Assigning small claims cases to a specific courtroom.

Standing orders are rules that a specific judge or a group of judges creates to help people understand how they manage cases. Reading and following instructions in a standing order is an important part of going to court.

In small claims cases, a judge’s standing order can be useful for finding out what the judge expects from people in their courtroom. For example, a standing order might include:

• When the judge needs courtesy copies delivered, 
• Standard rules for scheduling motions, and
• Requirements for appearing on video calls, such as not using a video background.

Illinois Supreme Court Rules 281-289 apply to all small claims cases. Check the court’s website or ask the circuit court clerk’s office where the case is being heard for copies of local rules, general or administrative orders, and standing orders.

Use Get Legal Help to find local legal resources. For help with filing and local court questions, contact Illinois Court Help at (833) 411-1121. 

Illinois Supreme Court Rules 281-289 apply to all small claims cases in Illinois. Check the court’s website or ask the circuit court clerk’s office where the case is being heard for copies of local rules, general orders, and standing orders.