Anderson & Boback Logo

Filing Motions in Cook County Court

Published
Categorized as Illinois Divorce

When clients request a motion to be filed on their behalf, they often expect their motion to be heard by the Court immediately. However, in Cook County, the process takes a little time.  First, the party filing the motion must schedule the motion to be presented to the Court. If you already have a court date coming up, you may schedule your motion for that date provided that you have enough time to give the other party proper notice of your motion as stated below. However, if you do not already have a court date, you must schedule your motion with the clerk. Typically, the clerk will schedule your motion for at least one week later, depending on the Court’s schedule.

Second, the party filing the motion must give the other party proper notice of the presentment date. The Cook County local rules provide that, if the party is going to give the other party notice via US mail, you must mail the notice to the other party five court days before the motion date. Therefore, if your motion is scheduled for a Friday, you must mail your notice to the other party by the previous Friday. If you are going to personal serve the other party with notice, by either hand delivering, e-mailing, or faxing the notice to the other party, then you must send the notice to the other party two court days before the motion date. Therefore, if your motion is scheduled for a Friday, you must serve the other party by Wednesday.

Once you have your motion scheduled, many clients think that the Court will decide the issue on that date. However, this date is not the hearing date, but rather, the date the motion is initially presented to the Court. On this date, you or your attorney will present the issue to the Court and ask the Court for appropriate relief. The Court will usually provide the opposing party with twenty-one to twenty-eight days to the respond to the motion. Then, the parties will schedule a second court date for a hearing on the motion. At the second court date, the Court will decide the issue. If you are having an issue and feel you need a motion filed on your behalf, please feel free to set up a consultation with our office.

Was this information helpful?

You May Also Like

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for…

Maintenance, formerly known as alimony, is a relief granted to a party in a dissolution of marriage case that equitably restores to the party a standard of living to which they became acclimated during the marriage.  For spouses going through…

Visitation interference occurs when the custodial parent in some way interferes with your ability to spend parenting time with your child or visit with them.  In Illinois, a parent has a couple of options when the other parent interferes with…

We receive inquiries regularly from parents of children in Illinois regarding whether or not they can remove their child from the state of Illinois when they are estranged from their child’s other parent.  The answer varies, depending on different situations.…

People often are confused about the difference between a Civil Union and a Domestic Partnership, and what their rights are if their partner, to whom they are not married, leaves them or predeceases them.  This blog is designed to explain…

One of the most hot-button terms in parenting cases in Cook County is “alienation”, meaning that one parent is actively seeking to keep the child from having a relationship with their other parents. The current laws on parenting favor both…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870