Court & Hearings

Prepare the Motion and Notice of Motion that applies to your case. You should know the specific court rules of the county where you are filing your case. Usually, these are available online. If you cannot find them, call the court clerk.

When you fill out the motion, give a detailed explanation of what you want from the judge. Include the basic facts the judge would need to make a decision. It is important that the judge understands what you are asking for and why. If you talk about any documents in your motion, attach copies for the judge.

You will also need to include the date when the motion will be heard. 

How you will find out about the court date (or hearing When the parties in a case present their sides of a case to a judge or other officer date) and time depends on how you filed your case.

• 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. : The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk. 
• Paper filing: If you filed in person at the courthouse, the clerk will sometimes let you pick the date or they may pick the date for you.

Remember: Different motions are often used for different types of cases. So, you should make sure to use the motion that applies to your specific issue.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

You must send a copy of your motion and notice of motion to the other parties in the case. If a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. has a lawyer Someone who represents clients in courts or who gives legal advice , send them to the lawyer.

If a state agency or the state's attorney A lawyer who represents the state in a criminal case is involved in the case, you must also send a copy of your motion and notice of motion to the state's attorney. Examples include some child support Money paid by a parent to help another parent support a minor child or an adult child with a disability cases or expungement When a criminal record is destroyed cases. If the state is involved in your case, the state’s attorney's information should be listed on the court papers.

You may send your motion and notice of motion to the other parties

• by e-mail to the e-mail address listed on court filings (unless your opponent does not have an attorney and has not designated an email address on their court filings),
• by personal hand delivery,
• by mail,
• third-party commercial carrier (for example, FedEx or UPS), or
• through the court's electronic filing manager or an approved 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. service provider.

Complete the proof of delivery section on the Notice of Motion with information to show how you sent copies of the motion and notice of motion to each party. It has room for 3 parties. If you are sending forms to more than 3 parties, fill out and file one or more Additional Proof of Delivery with the Motion form.

Be sure to keep a copy of the Motion, the Notice of Motion and Additional Proof of Delivery for your own records.

Decide and write down:

• What you want to ask the judge to do for you (this should be the same thing you asked for in your Motion A request to the judge to make the court or a party in the case do something ),
• What you will say to the judge if asked to tell your side of the case, and
• Questions you have for witnesses, if any.

Gather and make copies of pictures and documents you want the judge to see. Show the original to the judge and provide a copy for you and each of the parties in the case.

If you want the judge to hear Listen to and judge a case from other people, those people should be available for your hearing When the parties in a case present their sides of a case to a judge or other officer . In most cases, you cannot deliver written statements of witnesses.

You should have these items with you on your court date:

• Photo ID,
• Copies of all the documents you filed with the circuit clerk The office that takes care of files and documents for circuit court cases (Motion A request to the judge to make the court or a party in the case do something and any exhibits, Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge. ), and
• Other papers or proof related to your motion.

If you have to go to court in person, get to the courthouse at least 30 minutes early because you will need time to get through the security line and find your courtroom. Go to the courtroom number listed on your court form. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk. Check-in with the courtroom staff and wait for your name and case number A number assigned to a case that is on every paper filed in the case to be called. When your case is called, walk up to the judge and introduce yourself.

If your court date is not in person, connect to your call or video call. When your name is called, introduce yourself to the judge. Learn more tips for remote hearings here.

Usually, the judge will first hear Listen to and judge a case oral arguments in support of your motion. If you filed the motion, you will get the first chance to tell the judge what you are asking for and why.

Tell the judge your side of the case and answer A written statement used to respond to the complaint or petition in a lawsuit questions.

If the motion requires you to present evidence Anything used to show that something is true , show the evidence, including documents and photos, to the judge. Provide a copy to the judge and a copy to the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. . Be prepared to explain why the document or photo is important.

If you brought witnesses to the motion hearing When the parties in a case present their sides of a case to a judge or other officer , introduce them to the judge and ask the witnesses questions you prepared in advance. The judge and the other party can ask questions of your witnesses when you are done.

Then, the other party presents their argument in opposition to the Motion. The other party may do this by:

• Arguing to the judge why your request in the Motion should be denied,
• Showing the judge documents, photos, or other evidence, and
• Questioning witnesses.

You will get to see any documents and photos the other party shows the judge. If you do not think the judge should consider them when making a decision about your case, tell the judge why.

You may ask questions of the other party’s witnesses. Write down your questions while they are speaking to the other party or judge so that you don't forget your questions. 

The judge decides whether the documents, photos, or witness A person who answers questions in court under oath testimony Evidence given orally by witnesses can be considered when making a decision about your case.

If the judge needs more information to make a decision, they may set up another court date. Make sure you understand what information is needed and get it before the new court date.

The judge makes a decision after both sides present their case. The decision that the judge makes is called a court order.

If the judge needs to think more about the case, the judge may tell you the decision later by mailing the court order. The judge may also make a decision at another court date. If the judge has enough information at the hearing, the judge may decide at that moment and fill out a court order. If the judge does that, get a copy of the order that has the court stamp on it and keep it for your records.

If the other party was not present at the hearing to get a copy of the order, you must send them a copy by 5:00 p.m. on the date you got the order. Fill out and file a Proof of Delivery court form with the circuit clerk to show that you sent the copy.