Local county rules in Illinois have the binding force of law. Failing to follow local court rules can mean delays, dismissal, or even contempt sanctions. Here’s how to prepare across counties like Cook, DuPage, Lake, Will, and Kane.
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 legal knowledge, every county court has its own local rules that must be followed. In simple terms, local rules act like mini‑statutes for each county. These local court rules let local courts govern the way, procedurally, that the courts may 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 local rules are supposed to be procedural by nature. Most local rules are a list of what is not allowed.
For example, “[t]he burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within 90 days from the date it is filed, the court may enter an order overruling or denying the motion by reason of the delay.” Cook County Court Rule 2.3
I have yet to see Cook County divorce court deny a motion because it was not actually heard within 90 days.
Local rules are procedural. Local rules should not substantially impact a case by dismissing a claim.
“Local rules are not mere “technicalities” designed to ensnare unwary litigants; instead, they constitute important safeguards for the efficient administration of justice. The burgeoning caseloads experienced by many circuits require local court rules to ensure the orderly progression of litigation, leading to an efficient and expeditious resolution of disputes.” In re Marriage of Jackson, 631 NE 2d 848 – Ill: Appellate Court, 4th Dist. 1994
Beyond the power (or lack thereof) of local court rules, I would suggest that demonstrating knowledge of local court rules indicates great deference to that local court…especially if you are not a frequent practitioner in that local court.
I begin every statement in a court where I am not a regular fixture (which is rare these days), “Pursuant to [insert county] local rule [insert rule] I come before the court today to [insert whatever you’re trying to do].”
Knowing the local rules of the Illinois county you are practicing in isn’t just wise, it’s polite!
In furtherance of being polite, here is a list of Illinois County Court Rules:
Cook County Court Rules
Dupage County Court Rules
Lake County Court Rules
Kane County Court Rules
Will County Court Rules
Kankakee County Court Rules
DeKalb County Court Rules
McHenry County Court Rules
If you would like to learn more about how to apply the local rules to your Illinois divorce case, contact my Chicago, Illinois family law office to speak with an experienced Illinois divorce attorney.
