Judge David B. Atkins
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
Contested Motions
Courtesy copies
- 1 copy • Email
- At Least 2 Days Before Hearing
- At or Before Clerk Status
Motion
- Email • At Least Seven Days Prior
- Email • Upon Filing
- Upon Filing
Adjournments
- It is the responsibility of the parties to submit the requested Agreed Order to the Calendar 16 email within two (2) days of such rescheduling request. Failure to meet this deadline may result in the court striking a pending motion or setting a new date without input from the parties and/or counsel.
Communication
Other Contacts9 contacts
Chambers5 contacts
Clerk2 contacts
Page & Word Limits2 rules
No brief shall exceed twenty (20) double-spaced pages exclusive of exhibits. Any brief filed in excess of twenty (20) pages requires leave of court.
- Brief
- Up to 20 pages
- Format
- Double-spaced
Excluded from page count
- •Exhibits
A motion to file a brief in excess of twenty (20) pages is not an emergency, and a motion filed with the court and noticed for hearing at the next regularly scheduled court date is sufficient.
- Brief
- Up to 20 pages
Document Format Requirements2 rules
All Exhibits should be tabbed (located easily) and page-numbered, whenever possible.
Formatting
- •Tabbed
- •Page-numbered
All briefs should be double-spaced with 12-point font and at least 1-inch margins.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- At least 1 inch
Document Filing Requirements14 rules
Emergency motions must include a separate paragraph detailing the emergency nature, or they will not be scheduled before the next regular hearing.
Court's wording
All Emergency Motions must contain a separately designated paragraph, ideally on the first page, which details the emergency nature of the motion. ... Unless otherwise ordered by the court, any Emergency Motion that fails to set forth an emergency basis will NOT be scheduled for hearing before the next regularly scheduled court date.
In addition, TRO Motions must be accompanied by a Verified Complaint.
Citations shall adhere to the requirements of Illinois Supreme Court Rule 6, as amended May 31, 2011. Accurate pinpoint citations shall be included where appropriate.
An attorney's certificate/affidavit, signed by counsel and dated no more than Ten (10) days before the date selected to present the motion, certifying that both the court file and the clerk's computer have been checked for defendant's appearance and answer;
If defaulting an individual, the attorney must present a military affidavit, i.e., an affidavit that certifies defendant is not in military service.
In actions seeking recovery of liquidated damages, the court will enter a default judgment upon presentation of the following documents: 3.3.1. A copy of the verified complaint with exhibits, or an affidavit by the moving party establishing the judgment amount; 3.3.2. An affidavit detailing the costs of the suit; and 3.3.3. An affidavit for attorneys'
At or prior to the hearing on the motion for default, the following documents must be delivered to the court: A clerk-stamped copy of the notice of motion and motion; A file stamped copy of the Complaint; A copy of summons with the sheriff's return showing service;
Any and all proposed orders submitted to the court via the Calendar 16 email should contain email contacts for all litigants or attorneys of record (Email Service List).
If contested, however, the motion must be noticed for presentment.
Partial dismissals, disposing of only part of a case or dismissing selected parties, must be noticed for presentment.
Server must include a statement that service was attempted through the Sherriff's Office.
Agreed orders to dismiss must be accompanied by a stipulation to dismiss signed by all parties and/or counsel.
Court's wording
Agreed Orders to Dismiss cases in their entirety should be submitted via email to ccc.chancerycalendar16@cookcountyil.gov, and accompanied by a Stipulation to Dismiss signed by all parties and/or their counsel.
Where a filed motion is not contested by any parties, the court requests that a proposed agreed order be submitted at least two (2) days prior to the presentment date of the motion.
The parties will be permitted to file a Sur-Response and Sur-Reply only if a request is made by written motion and the court deems additional briefing necessary.
Filing & Service rules
Electronic Filing Rules
Except as otherwise specified herein with respect to Routine Motions and Orders (Sec. 4.6 of this Standing Order) and Emergency Motions (Sec. 4.7), all motions must be filed electronically and courtesy copies submitted to the Calendar 16 email: ccc.chancerycalendar16@cookcountyil.gov.
Except as otherwise specified herein with respect to Routine Motions and Orders (Sec. 4.6 of this Standing Order) and Emergency Motions (Sec. 4.7), all motions must be filed electronically and courtesy copies submitted to the Calendar 16 email: ccc.chancerycalendar16@cookcountyil.gov.
Page 3 | 4. MOTION PRACTICE - 4.1. Generally
Routine motions and orders are submitted to the chambers email, but parties may instead notice them for the Regular Motion Call.
Routine Motions and Orders will submitted to ccc.chancerycalendar16@cookcountyil.gov. Parties also have the option to notice Routine Motions for Judge Atkins’ Regular Motion Call.
Page 4 | 4. MOTION PRACTICE - 4.6. Routine Motions/Orders
Motions to appoint a special process server may be submitted directly to the chambers email.
Motions to Appoint a Special Process Server may be submitted directly to ccc.chancerycalendar16@cookcountyil.gov.
Page 4 | 4. MOTION PRACTICE - 4.6.2. Special Process Servers
Agreed orders to dismiss entire cases should be submitted via email to the specified address and be accompanied by a signed stipulation to dismiss.
Agreed Orders to Dismiss cases in their entirety should be submitted via email to ccc.chancerycalendar16@cookcountyil.gov, and accompanied by a Stipulation to Dismiss signed by all parties and/or their counsel.
Page 5 | 4.6.3
Notice of Emergency Motion must be electronically filed together with the Emergency Motion once a hearing date is set.
After a hearing date has been set, Notice of Emergency Motion must be electronically filed with the Emergency Motion.
Page 5 | 4.7.1
Motions for substitution of judge may be submitted via email to the specified address and must include notice to all parties.
Motions for Substitution of Judge pursuant to 735 ILCS 5/2-1001(a)(2) may be submitted to ccc.chancerycalendar16@cookcountyil.gov with notice to all parties.
Page 5 | 4.6.4
Filing Timing and Cure Windows
Proposed orders requested by the court must be emailed by 2:30 P.M. the same day.
Proposed orders submitted on the court's request **should be emailed to the court by 2:30 P.M. that same day for entry.**
Page 2 | 1.3 Agreed and Proposed Orders
Late briefs may be stricken unless the court orders otherwise.
Unless otherwise ordered by the court, any brief filed after a briefing deadline may be stricken.
Page 6 | 4.9.2
Service and Proof of Service Rules
Proper notice to all appearing counsel and pro se parties is required when noticing a motion.
Proper notice to counsel for each party who has appeared and to any pro se parties is required.
Page 3 | 4. MOTION PRACTICE - 4.1. Generally
Piggy-backed motions require proper notice to all appearing counsel and pro se parties.
With proper notice to counsel for all parties who have appeared and to any pro se parties, motions may be brought before the court, or “piggy-backed,” at any regularly set Case Management Conference, Motion Hearing, or Pre-Trial Conference.
Page 4 | 4. MOTION PRACTICE - 4.5. “Piggy-Backed” Motions
The movant must provide or attempt to provide all opposing parties notice of the default motion; notice to the party to be defaulted may be by regular and certified mail to the last known address.
The movant must provide, or attempt to provide all opposing parties with notice of a motion for default and default judgment. With respect to the party to be defaulted, notice may be accomplished by mailing the notice of motion and the motion to the respondent's last known address by both regular and certified mail.
Civil cases
Page 1 | 2.2
Cook County Circuit Court Rule 2.1 applies to notice of motions.
Cook County Circuit Court Rule 2.1 regarding notice of motions shall apply.
Page 4 | 4. MOTION PRACTICE - 4.4. Regular Motion Call
When submitting a motion for substitution of judge, notice must be given to all parties.
Motions for Substitution of Judge pursuant to 735 ILCS 5/2-1001(a)(2) may be submitted to ccc.chancerycalendar16@cookcountyil.gov with notice to all parties.
Page 5 | 4.6.4
The movant must notify all parties of the TRO hearing date and time, unless an ex parte exception applies with a sufficient showing.
The Movant must notify all other parties of the date and time of the TRO hearing unless the motion for TRO is brought ex parte and it clearly appears from the specific facts shown by Affidavit or contained in the Verified Complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon.
Page 6 | 4.7.4
Courtesy Copy Requirements
All courtesy copies must be submitted to the Calendar 16 email unless otherwise authorized.
Except where otherwise authorized, all courtesy copies are to be submitted to the Calendar 16 email.
Page 1 | 1.2 Courtesy Copies
Courtesy copies of motions must be emailed to the Calendar 16 chambers email.
all motions must be filed electronically and courtesy copies submitted to the Calendar 16 email: ccc.chancerycalendar16@cookcountyil.gov
Page 3 | 4. MOTION PRACTICE - 4.1. Generally
Courtesy copies of piggy-backed motions must be emailed at least 7 days before the presentation date.
The court must be provided with courtesy copies, of all “piggy-backed” motions, submitted to ccc.chancerycalendar16@cookcountyil.gov at least seven (7) days prior to the presentation date of the motion.
Page 4 | 4. MOTION PRACTICE - 4.5. “Piggy-Backed” Motions
File-stamped courtesy copies of emergency motion papers must be emailed by 2:00 P.M. the day before the hearing.
After speaking with one of the law clerks to obtain a hearing date, a file-stamped courtesy copy of the Notice of Emergency Motion, the Emergency Motion, and all supporting documents, including proof of service, must be submitted to the court via email NO LATER THAN 2:00 P.M. of the day before such motion is to be heard. Any motion delivered to chambers after 2:00 P.M. will not be eligible for hearing the following day. No exceptions.
Page 5 | 4.7.2
For Motions to Reconsider, the court will schedule a due date for courtesy copies upon presentment.
Upon presentment, the court will schedule a due date for submitting courtesy copies.
Page 7 | 4.9.8
For motions set for Clerk Status, parties must provide courtesy copies of briefs and pleadings to the Calendar 16 email and state whether they request oral argument.
The parties shall provide courtesy copies of all briefs and relevant pleadings to the Calendar 16 email and indicate whether they request oral argument at or before the Clerk Status.
Page 7 | 4.9.4
For Zoom motion hearings, parties must deliver hard copies of documents to Courtroom 2102 at least 2 days before the hearing.
If a party plans to present any documents to the court during a Motion Hearing that is proceeding via Zoom, hard copies of those documents must be delivered to Courtroom 2102 at least two (2) days before the Motion Hearing is scheduled to occur.
Page 7 | 4.9.6
Movants filing briefs that cite prior filings must supply courtesy copies of all relevant pleadings, briefings, orders, and prior-filed exhibits.
Therefore, the movant must supply courtesy copies of all relevant pleadings, briefings, orders, and prior-filed exhibits.
Page 8 | 5.2
Courtesy copies of Regular Motion Call motions should be emailed to the court the same day the motion is filed.
Courtesy copies of motions noticed for presentment during the Regular Motion Call should be provided to the court via the Calendar 16 email on the same day the motion is filed.
Page 3 | 4. MOTION PRACTICE - 4.3. Courtesy Copies of Regular Motions
Courtesy copies of Regular Motion Call motions should be provided to the court the same day the motion is filed.
Courtesy copies of motions noticed for presentment during the Regular Motion Call should be provided to the court on the same day the motion is filed.
Page 4 | 4. MOTION PRACTICE - 4.4. Regular Motion Call
If parties do not agree to a briefing extension, a motion for extension must be filed and a courtesy copy submitted via email at least 2 days before the courtesy copy due date.
If the parties do not agree to a briefing extension, a motion for extension must be filed with the court and a courtesy copy of the motion must be submitted to the court, via email, at least two (2) days prior to the courtesy copy due date.
Page 6 | 4.9.2
The court may request hardcopies of some contested motions be delivered to courtroom 2102.
For some contested motions, the court may request hardcopies be delivered to courtroom 2102.
Page 2 | 1.2 Courtesy Copies
Pre-Motion Conference Requirements
Respondent has 21 days to file a responsive brief after presentment; movant has 14 days to file a reply.
Generally, the respondent to a contested motion that has been noticed for presentment to the court shall have twenty-one (21) days to file a responsive brief after the date of presentment, unless otherwise ordered by the court. The movant shall generally have fourteen (14) days thereafter to file any reply, unless otherwise ordered by the court.
Page 6 | 4.9.1
Adjournment & Extension Requirements
It is the responsibility of the parties to submit the requested Agreed Order to the Calendar 16 email within two (2) days of such rescheduling request. Failure to meet this deadline may result in the court striking a pending motion or setting a new date without input from the parties and/or counsel.
It is the responsibility of the parties to submit the requested Agreed Order to the Calendar 16 email within two (2) days of such rescheduling request. Failure to meet this deadline may result in the court striking a pending motion or setting a new date without input from the parties and/or counsel.
Page 4 | 4. MOTION PRACTICE - 4.6.1. Rescheduling Orders
Motions for an extension of time are generally not emergencies; they should be noticed up and may be brought after the deadline per Supreme Court Rule 183.
A motion seeking an extension of time generally does not constitute an emergency. Such motions should be noticed up and may be brought after a deadline has passed pursuant to Supreme Court Rule 183.
Page 5 | 4.7.3
A good faith motion for extension of briefing deadlines may be filed after the deadline but before the Clerk Status date.
However, a good faith motion for extension of briefing deadlines may be filed after a briefing deadline but before the Clerk Status date.
Page 6 | 4.9.2
A motion to extend the discovery cut-off filed before the deadline and noticed for the next court appearance is sufficient; an emergency appearance is not necessary.
A motion to extend the discovery cut-off deadline that is filed prior to the cut-off date and noticed for hearing at the next scheduled court appearance is sufficient to show the court that the movant has done everything possible to comply with the discovery cut-off date. Therefore, it is not necessary to appear in court on an emergency basis to extend discovery.
Page 6 | 4.7.3
Chambers Communication Rules
Rescheduling of conferences and hearings must be coordinated with the law clerks by email.
Agreed Orders to modify briefing schedules and/or reset Case Management Conferences and Motion Hearings must be coordinated with Judge Atkins’ law clerks by emailing ccc.chancerycalendar16@cookcountyil.gov.
Page 4 | 4. MOTION PRACTICE - 4.6.1. Rescheduling Orders
Parties seeking a hearing on an emergency motion must contact chambers via email or phone to obtain a hearing date.
Any party seeking to be heard by the court on an Emergency Motion must contact Judge Atkins' chambers via email (ccc.chancerycalendar16@cookcountyil.gov) or by telephone (at (312) 603-6039 or (312) 603-3419), to speak with the law clerks about obtaining a hearing date and time.
Page 5 | 4.7.1
All parties with an appearance must be copied on all email communications with the court.
All parties for whom an appearance has been filed must be cc'd on all email communications with the court.
Page 2 | 1.2 Courtesy Copies
Anyone contacting the court to schedule an emergency motion must explain the emergency, and hearings are only scheduled for genuine emergencies.
ANY PERSON who contacts the court to schedule an emergency motion must be prepared to explain the nature of the emergency to the Court. Emergency hearings will not be scheduled unless such a hearing is warranted due to a genuine emergency.
Page 5 | 4.7.1
The judge's law clerks can be contacted by email or phone.
The judge's law clerks can be contacted by email at ccc.chancerycalendar16@cookcountyil.gov, or by telephone at (312) 603-6039 or (312) 603-3419.
Page 1 | 1. GENERALLY
If an order is not received by email within three days of entry, contact the Calendar 16 email.
If the parties know an order has been entered, but does not receive a copy of the order via email within three (3) days of the order being entered, please contact the Calendar 16 email.
Page 2 | 1.4 How the Court Will Provide Entered Orders
Clerk Status hearings are held Monday-Thursday at 9:30 AM via email.
Clerk Status dates are scheduled Monday through Thursday at 9:30 A.M. to be conducted via email.
Page 7 | 4.9.4
Parties unsure of required procedures should contact Judge Atkins' law clerks at the provided email.
Any party unsure of the court's required procedures relevant to any specific motion or stage of litigation should contact one of Judge Atkins' law clerks at ccc.chancerycalendar16@cookcountyil.gov.
Page 8 | 6.3
If uncertain about which documents to submit, parties should ask the law clerks.
If in doubt, please ask the law clerks whether copies of specific documents are required.
Page 8 | 5.2