Pretrial In An Illinois Divorce by Russell D. Knight

Описание: Pretrial In An Illinois Divorce by Russell D. Knight

Pretrial in an Illinois divorce can feel like the point when the case finally moves. This video walks through what a pretrial conference is, how it works in Chicago and Cook County, and what you need to prepare so the court can move the case toward settlement or set it for trial. We draw on Illinois statutes, Illinois Supreme Court Rules, and Cook County Court Rules to explain the process in clear terms for anyone going through a divorce in Illinois.

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In Illinois, everything in a divorce points toward settlement. You exchange financial documents early under Cook County Court Rule 13.3.1(a)(i), propose a parenting plan within 120 days under 750 ILCS 5/602.10(a), and attend mediation in cases with children under 750 ILCS 5/602.10(c). When the judge sets a pretrial conference, the court wants to know why settlement has not happened and what preliminary steps could help. Illinois Supreme Court Rule 218 outlines case management: the court aims to hold a conference within 35 to 182 days of filing, address the nature and issues of the case, set discovery limits, explore settlement, and set a target trial date. In cases with children, Rules 904, 923, and 924 add parenting education, parenting plan timelines, and mediation.

Cook County has additional guidance. Rule 13.4(j) allows a party to request a settlement pretrial conference and requires a pretrial memorandum to be delivered to the judge and the other side at least seven days before the conference. While judges may vary in practice, you should treat the memo as a concise story of your case with supporting orders and financial affidavits. At the conference, you summarize your strongest points, respond to the other side’s memo, and tell the judge what terms you would accept to resolve the matter. If settlement is not possible, the court will set deadlines so discovery finishes at least 60 days before the anticipated trial date under Rule 218(c).

The video also covers common questions about binding pretrials and judge substitution. A binding pretrial happens only by agreement of the parties; there is no statute that creates it, and cases like Patel v. Patel and In re Marriage of McLauchlan emphasize that agreements control. The court must make sure you understand that agreeing to a binding pretrial can waive the right to a full trial, as seen in In re Marriage of Akin-Olugbemi. On substituting a judge, 735 ILCS 5/2-1001(a)(2) allows one substitution as of right before substantial rulings. The Illinois Supreme Court in Palos Community Hospital v. Humana Insurance Co. rejected the “test the waters” doctrine, but Cook County practice often includes waiving substitution if you proceed to pretrial with the trial judge.

Whether your case involves allocation of parental responsibilities, a guardian ad litem, support, or property division, this guide shows how to prepare a practical pretrial memo, use mediation effectively, and keep your case moving on the pretrial calendar in Chicago, Illinois and throughout Cook County.

Have questions about your Illinois divorce pretrial? Call the Law Office of Russell D. Knight at (773) 334-6311 or visit us at 1165 N Clark St #700, Chicago, IL 60610, United States to schedule a consultation today.

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