Part 1.00 Criminal Cases

9-1.01 General Rules


A. In all criminal, quasi-criminal, traffic, ordinance violations, and conservation offenses, the following Rules shall be applicable.

B. Unless otherwise indicated, references in these Rules to the “Prosecutor” shall also mean State’s Attorney, Assistant State’s Attorneys, Special State’s Attorney, Local Prosecutor, or “Assistant Attorney General”.

C. Reference in these Rules to “Defendant’s Attorney” shall mean Defendant when Defendant elects to represent himself, or his attorney when Defendant is represented by counsel.

9-1.02 Forms of Criminal Procedure


Forms for all proceedings covered by these Rules shall be as approved by the Nineteenth Judicial Circuit. Copies may be made available from the clerk’s office and law library. Where a form has been adopted by the Nineteenth Judicial Circuit or issued by the Illinois Supreme Court, that form shall be used in court.

9-1.03 Consolidation of Offenses


Assignment of cases to a particular Court will be pursuant to Administrative Order. All charges out of a single incident, including ordinance violations, shall be written into a single court on a single date.

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9-1.04 Continuances


In addition to the requirements contained in 725 ILCS 5/114-4:

A. Attorney Engaged. A party may be entitled to a continuance on the ground that his attorney is actually engaged in another trial or hearing. Any Motion for Continuance shall be in writing and supported by affidavit setting forth the name and case number of the other case, place of trial or hearing, the date the other matter was set for trial or hearing, name of Judge and anticipated length of trial or hearing, together with the number of and reasons for any prior continuances in the case sought to be continued.

B. Addition or Substitution of Attorneys. A continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except for good cause shown upon Motion and affidavit.

C. Motion to Continue. No Motion to Continue shall be allowed other than pursuant to statue or for good cause shown. Agreements of counsel as to a Motion to Continue shall not be binding on the Court.

9-1.05 Filing Appearance of Attorneys


The attorney representing a Defendant in any proceeding shall file an Appearance. This Appearance must be filed prior to or simultaneously with the filing of any Motion, Brief or other document with the Court, or initial court Appearance, whichever comes first. It shall contain the proper case caption and number, the attorney’s name, address, office phone number, e-mail address and attorney registration number. The Appearance shall be in typed form or legibly hand printed. A copy of the Appearance shall also be served upon the Prosecutor.

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9-1.06 Motion Practice


A. Pre-trial Motions. All pre-trial motions including, but not limited to, motions to suppress, motions to dismiss and/or 725 ILCS 5/115-10 motions, shall be filed within the time fixed by the Court. Unless otherwise directed by the Court, all motions shall be filed and brought to the attention of the Court not less than fourteen days before the date the case is set for trial.

B. Notice of Hearing of Motions. Written Notice of the hearing of all motions shall be given by the party requesting the hearing to all parties who have appeared. Unless otherwise directed by the Court, all motions shall initially be scheduled before the Court for presentment.

C. Content of Notice. The Notice of hearing shall designate the Judge to whom the Motion will be presented for hearing; shall show the title and number of the action, the title of the Motion, the date when the Motion will be presented, the time it will be presented, the courtroom where it will be presented, and the address of the courthouse or Branch Court as appropriate. Copies of all papers presented to the Court with the Motion shall be served with the Notice or the Notice shall state that copies have been previously served.

D. Manner and Proof of Service. Notice of Service shall be given in the manner and to the persons described in Supreme Court Rule 11, Supreme Court Rule 12 and as provided for under Chapter 2 of these Local Court Rules.

E. Courtesy Copies. Movant’s counsel shall deliver to the chambers of the assigned Judge, not less than five court days prior to hearing, a copy of:

1. The Motion,

2. Any challenged or responsive pleading, and

3. Any writing, Brief or Memoranda in support of or in opposition to the Motion.

Also within five court days prior to hearing, a party shall provide the Court and all opposing counsel with a complete citation to any case or other authority upon which the party intends to rely in oral argument and which is not included in a supporting or opposing writing; and the party shall provide the Court with a full copy of any decision of a State Court outside the State of Illinois. Any cover letter delivered to the Court in compliance with the above requirements shall be copied to all counsel of record.

F. Defendant’s Presence. A Defendant shall be present in open court upon the hearing of any Motion in the case unless otherwise ordered.

G. Page Limitation of Motion. No Motion, or writing in support of or opposition to a Motion shall exceed ten typewritten double-spaced pages without prior approval of the Court.

Neither narrow margins nor any other formatting device shall be employed to evade the page limitations set forth in this Rule. Footnotes, if any, shall be used sparingly. Failure to comply with this Rule shall be sufficient grounds for striking the Motion, Response, or Reply, or for the Court’s refusal to consider the excess pages of the document and to consider the matters contained therein to have been waived.

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9-1.07 Jury Trials


A. Prior to jury selection, the Prosecutor and “Defendant’s Attorney” for the defense shall prepare and present to the Court a statement of facts for the case being tried, which shall include the charges, names of potential witnesses each may call during trial, including the municipal entity in which they are located.

B. Each counsel or self-represented party shall prepare proposed jury instructions and present them to the Trial Judge and opposing counsel when the case is called for trial, or at such other times as the Trial Judge may order.

9-1.08 Alcohol Related Evaluations


Unless good cause is shown, Nicasa shall be designated to perform all evaluations required by statute or Court Order of Defendants charged with Driving Under the Influence.

This Rule shall remain in force and effect only as long as Nicasa continues as a not-for-profit organization and retains all necessary licenses.

9-1.09 Demands for a Speedy Trial


A. All demands for speedy trial pursuant to statute shall be made in writing as a separate document, containing proper case caption and case number, signed and dated by the “Defendant’s Attorney” or self-represented party, and

B. A copy of the demand shall be timely served on the Prosecutor, and be filed with the Clerk of the Circuit Court together with proof of service on the Prosecutor. If there is more than one Prosecutor, a copy of the demand shall be served on each such Prosecutor.

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9-1.10 Trials


A. Where the Defendant elects to waive the right to trial by jury, such waiver shall be made in open court and shall be accompanied by a written waiver, signed by the Defendant, on a form approved by the Court.

B. In cases where a Jury Demand is made which requires the payment of a jury fee, the fee must be paid prior to or contemporaneously with the Jury Demand. Failure to pay the jury fee as required (unless waived for good cause shown on written Petition) shall cause the Jury Demand to be invalid.

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9-1.11 Pre-Trial Subpoena for Production of Specified Documents, Objects or Tangible Things


A. The Clerk of the Circuit Court, the Prosecutor or the Defendant’s Attorney shall issue Subpoenas limited to the production of specified documents, objects or tangible things. The Subpoena shall require the person or entity to whom it is directed to produce the designated documents, objects or tangible things. Subpoenas shall be returnable before the Judge assigned to the case at a time that the Court is normally in session.

B. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.

C. The person to whom a Subpoena is directed who has actual or constructive possession or control of the specified documents, objects or tangible things sought by the Subpoena shall respond to any lawful Subpoena of which he has actual knowledge. Service of a Subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least fourteen days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage was enclosed.

D. The person to whom the Subpoena is directed who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with said Subpoena, without personal appearance, by providing complete and legible copies to the Court together with a certificate that compliance is complete and accurate on or before the return date listed on the Subpoena.

E. A Subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said Subpoena, or conspicuously attached thereto, and a copy of said Subpoena and Notice of service shall be mailed first class within forty-eight hours of issuance to all parties having appeared in the action:

YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE DUE DATE TO PRESIDING JUDGE (Courtroom), (18 NORTH COUNTY STREET, WAUKEGAN, ILLINOIS 60085). COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE JUDGE PRESIDING STATED ABOVE.

F. A certification page containing the following language shall be sent with all Subpoenas issued pursuant to this Rule:

I hereby certify, under penalty of perjury and contempt of Court, that I have examined the subpoena issued in this cause and that the documents, objects and tangible things attached hereto represent full and complete compliance with said subpoena.

______________________________________
Date Signature

___________________________
Print Name


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9-1.12 Trial Subpoena for Production of Specified Documents, Objects or Tangible Things


Subpoenas requiring the presence of a witness or the production of specified documents, objects or tangible things at trial shall be governed by the Code of Criminal Procedure, 725 ILCS 5/100-1 et seq.

9-1.13 Expert Witnesses


The name, business address, business phone number, and area of expertise of all expert witnesses shall be disclosed within the time limit set for Discovery, unless otherwise ordered by the Court.

All reports, notes, memoranda, correspondence or other written materials pertaining to the expert’s opinion, employment or qualifications are discoverable and shall be furnished within the time set for Discovery, unless otherwise ordered by the Court.

Failure to comply with these Rules may result in sanctions, including, but not limited to, barring of testimony of expert witnesses.

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9-1.14 Disposition of Cases Involving Court Supervision


A. In any jailable offense where Court supervision is requested, the Defendant shall fully execute and cause to be filed with the sentencing Judge, prior to the pronouncement of sentence, a written certificate of prior offenses, on a form provided by the Clerk of Court.

B. Said certificate shall also be filed, as provided above, in any other case, upon Order of the sentencing Judge.

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9-1.15 Appointment of the Public Defender


A. The Court shall require the Defendant to complete and file a Certificate of Assets/Debts on a form approved by the Nineteenth Judicial Circuit or Illinois Supreme Court in any jailable offense where the Defendant has requested appointment of the Public Defender.

B. The Court shall also require the Defendant to complete and file a new Certificate of Assets/Debts on a form approved by the Nineteenth Judicial Circuit or Illinois Supreme Court where a Petition to Revoke has been filed and the Defendant has requested appointment of the Public Defender.

C. The Court may, for good cause, temporarily appoint the Public Defender without prior receipt of the Certificate of Assets/Debts form to serve as counsel in the proceeding then before the Court. However, the appointment shall be reviewed and not continue beyond that proceeding unless or until the provisions of Sections A or B, above, have been complied with.

D. The Court may assess a public defender fee against the Defendant as provided by law.

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