Motions

MOTIONS



If you are asking the court to enter an order or take some action you must file a written Motion:

1.    How to prepare a Motion: The title of your Motion must state the exact relief you are requesting (for example, visitation, temporary child support, temporary maintenance, etc.) This Motion must:
  • Cite the statutory provision under which you seek relief;
  • Clearly state, in separately numbered paragraphs, the exact relief you seek and the factual reasons for requesting that relief;
  • Include a request or prayer for relief;
  • Be signed by you; and
  • Include a certification that the allegations in the motion are true and correct to the best of your knowledge
 
For motions for temporary child support, temporary maintenance, or other financial relief, you must complete the Financial Affidavit form as set forth in Local Court Rule 4-3.02 and provide it, along with supporting documents such as income tax returns, pay stubs, and bank statements, etc., to the other party prior to the hearing.  The same should be tendered to the Judge at the time of hearing.  The Financial Affidavit form is available on-line at www.lakecountycircuitclerk.org or in the Law Library.

2.    Examples of form motions available:
  • Motion for Default
  • Motion to Excuse Parenting Class
  • Motion to Terminate Support
  • Petition for Dissolution
  • Petition for Joint Simplified Dissolution
  • Petition for Modification of Allocation of Parental Responsibilities
  • Petition for "Rule to Show Cause


3.    Obtain a court date. To obtain a court date, call the Clerk of the Court at 847-377-3209 and have your case number available.

4.    Notice of Motion. This is the form that is used to notify the other party of when and where you will appear in court to present your Motion. Once you fill out this form with the court date, time, and courtroom that was obtained when you called the Clerk’s office, it is ready to be e-filed. Make sure to include your name, address and phone number on the bottom of the Notice. The e-filing system will reject your filing if you do not enter a court date on the form before e-filing it.

5.    Filing the Motion and Notice of Motion. The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court.

6.    Serving the Motion and the Notice of Motion. Send a file stamped copy of both the Notice of Motion and the Motion to the opposing party by U.S. Mail at his or her last known address. You must mail this document at least five court days before the court date.  How does this work with e-filing?

7.    Presenting the Motion in Court. You must appear in court on your assigned court date and time. If you fail to appear, your motion may be stricken or dismissed. At that time, you will present the Judge with your Motion and request a hearing date.  The other party will be given time to respond to your Motion and the Judge will set a future date for that hearing. Whenever you appear in Court, you should bring several copies of all the papers you have filed in your case, as well as several copies of any other documents to support your request.  Court begins at 9:00 a.m. and ends at 12:00 p.m.  Thus, for a 9:00 a.m. court call you should typically be completed with court by 12:00 p.m.  But this does not always occur.  Sometimes, you are asked to return for the afternoon court call which begins at 1:30 p.m. and ends at 4:30 p.m.   Sometimes you are given another court date in the future.

8.   
Personal Identity Information: Supreme Court Rule 138 imposes important restrictions on the use of Personal Identity Information in any document filed in the Court record as the record is public information.  Personal Identity Information is defined as: Social Security and Taxpayer-identification numbers, driver’s license numbers, financial account numbers, or debit and credit card numbers.  Personal Identity Information must only use the last four digits of the actual number.  Willfully failing to comply with this Rule could result in monetary sanctions, including attorneys’ fees and court costs.