Local County Court Rules In An Illinois Divorce Case

To effectively litigate an Illinois divorce court, you must know A LOT: Statutes, case law and the Illinois Supreme Court Rules at a minimum. In addition to these bodies of knowledge, every county court has its own local rules that must be followed. These local rules let local courts govern the way they handle their cases. “Subject to the rules of the Supreme Court, the circuit and Appellate Courts may make rules regulating their dockets, calendars, and business. 735 ILCS 5/1-104(b) “Local court rules are required to be procedural in nature and cannot modify or limit the substantive law.” In re LS, 203 NE 3d 325 – Ill: Appellate Court, 1st Dist., 4th Div. 2022 These local rules must be consistent with Illinois statutes and Illinois Supreme Court Rules. “A majority of the circuit judges in each circuit may adopt rules governing civil and criminal cases, including remote appearances, which are consistent with these rules and the statutes of the State, and which, so far as practicable, shall be uniform throughout the State.” Ill. Sup. Ct. R. 21(a) “Circuit courts possess inherent authority to enact and enforce rules regulating their calendars and dockets as long as those rules do not conflict with statutes or supreme court rules.” In re Marriage of Jackson, 631 NE 2d 848 – Ill: Appellate Court, 4th Dist. 1994 Rules have to be followed. That is why they are “rules”. “A local court rule has the force of a statute and is binding on the circuit court and parties.” In re LS, 203 NE 3d 325 – Ill: Appellate Court, 1st Dist., 4th Div. 2022 “Like supreme court rules, local court rules are meant to be followed, as written, and are not mere suggestions or guidelines from which deviations may be made by the litigants.” VC & M, LTD. v. Andrews, 991 NE 2d 323 – Ill: Supreme Court 2013 Despite the above citations requirement that local rules MUST be followed. Appellate courts recognize that because the local rules are created by the local court, reviewing courts shouldn’t get too upset if a local court decides to break its own rules. “A reviewing court will not interfere with the trial court’s exercise of its authority under the local rules in the absence of facts constituting an abuse of discretion” In re Marriage of Jackson, 631 NE 2d 848 – Ill: Appellate Court, 4th Dist. 1994 Because all […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/local-county-rules-in-an-illinois-divorce-case/