Cook County

court rules

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Rule 1.2 Appearances (b) A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he appears.

Rule 10.5 Proceedings under the Forcible Entry and Detainer Act

(a) ...[T]he summons shall...

     (5) specify the date and place the defendant is to file his appearance and appear for trial which shall not be lass than 14 days or more than 40 days after the issuance of the summons; and

     (6) [N]ot be served later than 7 days before the trial date [the trial date is the return date]..

SUMMONS FOR TRIAL (Summons form)

   You are SUMMONED to Court, however, you must file your appearance...on or before the date and before the time of trial. IF YOU DO NOT FILE AN APPEARANCE...a JUDGMENT BY DEFAULT may be entered...

In counties with population greater than 1 million, process shall be served by a sheriff. (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)  Upon motion and in its discretion, the court may appoint as a special process server a private detective agency certified under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004.

1st

Alexander

Jackson

Johnson

Massac

Pope

Pulaski

Saline

Union

2nd

Crawford

Edwards

Franklin

Gallatin

Hamilton

Hardin

Jefferson

Lawrence

Richland

Wabash

Wayne

Rule 5(a) Written Appearances. Every party, or counsel for a party, shall file a written appearance... No party or attorney shall address the court before filing such written appearance.

3rd

court rules

Bond

SMALL CLAIMS COURT FORCIBLE ENTRY AND DETAINER

III. SERVICE OF SUMMONS. 

     After the complaint is filed, a summons is issued. The defendant is given an appearance date of 7 to 21 days to appear to admit or deny the claim. The summons may be served by the Sheriff, a licensed private investigator or a private process server. If the plaintiff wishes to have service of summons made by private process server, a written motion and proposed order should be filed at the same time as the complaint.

     The case cannot go forward against a defendant until process has been served upon that defendant. If process cannot be served because the defendant cannot be located or because the defendant is avoiding service, publication of service or posting, then the judgment against any defendant served only by publication or posting will be for possession of the premises only and will not include a judgment for rent. A court order allowing publication or posting for service process is not needed.

IV. RESPONSE TO THE CLAIM

4th

Christian

Clay

Clinton

Effingham

Fayette

Jasper

Marion

Montgomery

Rule 9. SMALL CLAIMS ACTIONS

     9-1(a) Response by the Defendant: After service of summons in a small claims action, the defendant may do any of the following:

 (1) Notify the Clerk of the Court, in writing at least five (5) days prior to the appearance date on the summons, stating that he wishes to contest the claim..., or;

(2) File a written motion or answer, or;

(3) Appear in person or by attorney on the appearance date, and admit or deny the allegations in the complaint.

     9-1(d) Summons Appearance Date Not Considered the Trial Date: Unless otherwise ordered by the Court, the appearance date as noted on the summons shall not be the date of the trial.

5th

Clark

Coles

Cumberland

Edgar

Rule IX.

C. Initial Appearance by Parties

The plaintiff and the defendant must appear in Court on the return date set in the summons...

D. Denial of Claim

6th

Champaign

Dewitt

Douglas

Macon

Moultrie

PART 6. SMALL CLAIMS ACTION

6.1 PROCEDURE IN SMALL CLAIMS ACTIONS

(a) Response by the defendant. After service of summons in a small claims action, the defendant may:

(1) notify the Clerk of the Court, in writing, at lease seven (7) days prior to the appearance date on the summons, stating that he wishes to contest the claim..., or

(2) file a written motion or answer, or

(3) appear in person or by attorney on the appearance date, and admit or deny the allegations of the complaint. If a defendant fails to respond as stated above, a default may be taken and judgment...entered.

7th

Greene

Jersey

Macoupin

Morgan

Sangamon

Small Claims Court Manual

First appearances for pro se cases are heard on Tuesdays at 10:30am except for Jury weeks. First appearances are held no less than fourteen (14) or more than forty (40) days after the issuance of the summons.

If the defendant appears and denies the claim, the judge will set up a trial date.

8th

Adams

Brown

Calhoun

Cass

Mason

Menard

Pike

Citizens Guide to Small Claims Court:

"How do I start a Small Claims Case?," Paragraph 3: ...service can be made upon the defendant by certified mail, or by the Sheriff's office, whichever you choose.

9th

Fulton

Hancock

Henderson

Knox

McDonough

10th

Peoria

Putnam

Stark

11th

Ford

Livingston

Logan

Marshall

McLean

Rule 101.A.2 The following "Notice to Defendant" shall be affixed to summons issued by the Clerk in actions for forcible detainer, to-wit:

You are required to personally appear at the time and place specified in the above summons. If you fail to do so, judgment may be entered against you for the relief asked in the complaint filed in this cause.

12th

Rule 9.02 Summons shall be in substantial compliance with the Summons Requiring Appearance on a Specific Day as set forth in Supreme Court Rule 101(b) and shall also include the following admonition to the defendant: "This case will not be tried on the date you are to appear. To avoid a default judgment you must appear on the date and at the time shown above. You or your representative will then be told the date you case will be heard."

13th

Bureau

Grundy

PART 7. SMALL CLAIMS ACTION

7.1 PROCEDURE

     (a) Response by the Defendant. After service of summons in a small claims action, the defendant may do one of the following:

(1) file a written motion or answer, or

 

(2) appear in person or by attorney on the appearance date, and admit or deny allegations of the complaint.

     If a defendant fails to respond as stated above, a default may be entered and judgment...taken against him.

14th

Henry

Mercer

Rock Island

15th

Carroll

Jo Daviess

Lee

Ogle

SUMMONS

NOTICE TO DEFENDANTS

     A the time and place indicated in this summons you must appear in person or by an attorney and make your presence known to the court.

...

     The case will be tried on the day set for your appearance unless otherwise ordered by the court.

16th

De Kalb

Kane

Summons (Notice to Defendant)

YOU MUST APPEAR IN PERSON OR BY ATTORNEY at the time and place specified in the Summons or a default Judgment will be entered against you.

When you appear in Court, the Judge will require you to enter your appearance in writing, if you have not already done so.

17th

Boone

Rule 2.09 Court-Annexed Small Claims Mediation

...[T]here is hereby established a pilot program of Court-Annexed Small Claims Mediation for pro se litigants.

II. ACTIONS ELIGIBLE FOR SMALL CLAIMS MEDIATION

All pro se small claims and cases may be referred to mediation by agreement of the parties.

General Order No. 3 - Civil Division - Winnebago County

3.06 All forcible entry and detainer summons shall be returnable to the Winnebago County Courthouse, Courtroom 315 on Thursday at 9:00 a.m.

18th

Rule 16.03(f) Cases not tried or otherwise disposed of on the return date will be set for trial by order of the Court.

19th

Rule 3.01(c)

In any civil matter, including D and F cases, the claimant/plaintiff/petitioner shall file the appropriate Certificate of Attorney identifying the type of case being filed. Each division within the Circuit Court of Lake County may develop its own Certificate of Attorney.

Rule 7.01

A. An approved summons form provided by the Clerk of the Circuit Court, substantially in the form set forth in Supreme Court Rule 101(b) shall be used in any Small Claims action.

B. Small Claims actions may be commenced by filing a complaint on forms supplied by the Clerk of the Circuit Court or the Center for Self-Representation. The complaint shall state the amount of and the basis for plaintiff’s claim, giving dates and relevant facts.

C. If the claim is based on a written instrument, a copy thereof must be attached to the original and all copies of the complaint. If the written instrument is not available to the plaintiff, an affidavit so stating shall be attached to the complaint.

D. A copy of the complaint and Small Claims Summons (along with any written instrument required to be attached) shall be served upon each defendant by any of the methods allowed by law, including certified or registered mail in compliance with Supreme Court Rule 284.

E. Copies of complaints served upon defendants shall have attached thereto two blank “Written Appearance Forms” which may be used by the defendants.

F. The Small Claims Summons, when issued, shall contain NOTICE TO DEFENDANT setting forth the following language:

“If you wish to contest this claim you must do the following:
Pay the statutory Appearance fee and file a written appearance (forms may be obtained in the main office of the Clerk of the Circuit Court) on or before the day and time specified above for your appearance, hereafter called the return day. You must mail or otherwise deliver to the opposing party a copy of your appearance. If the appearance is timely filed and the fee paid, you are not required to appear in court in person on the return date. Your case will then be tried on the 14th day after the return day, and you should be present in court at the above specified address prepared to proceed to trial.

In the event the trial day fails upon a court holiday, the trial shall be held on the next court day following said court holiday.

If you do not wish to contest this claim , you need not appear in person or file a written appearance and a judgment will be entered against you on the return day, for the amount claimed by the plaintiff in the complaint plus court costs. ”

Rule 7.02 DEFAULT

If a defendant who has been duly served with summons fails to appear on or before the day and time designated as the return day, the court may take the allegations in the complaint as admitted by said defendant and upon motion and without notice enter a judgment by default against defendant for the amount claimed plus court costs. Such judgment may be entered on the return day or any time thereafter. Also, the court may in its discretion, require the presentation of evidence and set the case down for “prove up.”

7.03 CONTESTED CASES

After service of summons, a defendant desiring to contest the plaintiff’s claim must do one of the following:

A. File a WRITTEN APPEARANCE in the main office of the Circuit Clerk on or before the time and date of the return day stated in plaintiff’s summons; or

B. Appear in person before the court on the return day.

In either event, trial of plaintiff’s complaint shall be automatically set for the 14th day after the return day. Neither the plaintiff nor the defendant need appear on the return day when the defendant has contested plaintiff’s complaint by duly filing an appearance. No cause will be set for trial on any date other than the 14th day after the return day, except upon proper notice and motion or by agreement of the parties approved by the court. No trial will be heard on the return day, unless the court orders otherwise.

20th

Monroe

Perry

Randolph

Saint Clair

St. Clair County Sheriff's Department / Guide for Litigants

3. What if the notice cannot be delivered?

...Posting should be used...when the premises have been vacated. It is not necessary to obtain a court order to use posting as a method for delivery of the notice.

8. What happens at the First Appearance if the defendant is present?

...If the tenant denies [the claim], the judge will set the case for trial.

When a case is set for trial, the trial is scheduled at 9:30 AM on the Monday after the first appearance date (or on Tuesday if the Monday is a court holiday).

Civil Actions Subject to Mandatory Arbitration (S. Ct. Rule 8c)

21st

Iroquois

22nd

SUMMONS / NOTICE TO DEFENDANT

If you wish to contest this claim, you must do the following:

Pay the statutory fee and file a written appearance... Then on the return day, the sitting judge shall, in open court, set a time and date for trial not less than 14 days or more than 35 days after the return day.