Judge Michael F. Otto
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Exhibits
Courtesy copies
- 1 copy
- 1 copy • Email • When Fully Briefed
- 2 copies • Email
- When Fully Briefed
- With Courtesy Copy
Exhibits, Pleading, Deposition
- 1 copy
Motion
- At Least 3 Court Days Before Initial Presentment
- No Later Than March 15 2024
Communication
Chambers
Clerk
Phone
Court-wideChambers
Phone
Court-wideChambers
Phone
Court-wideChambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Page & Word Limits3 rules
Once a pre-trial conference is scheduled, each party should deliver to the court at least two days before the pre-trial conference an unfiled pre-trial memorandum of five pages or less
- Page limit
- Up to 5 pages per party
Briefs are limited to 15 pages for initial/opposition and 7 pages for reply, excluding exhibits, unless leave of court is granted.
- Initial brief
- Up to 15 pages
- Opposition brief
- Up to 15 pages
- Reply brief
- Up to 7 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Court's wording
Absent leave of court the following page limits apply: Initial brief (and memorandum in support, if separately filed): 15 pages total (exclusive of exhibits) Opposition brief: 15 pages (exclusive of exhibits) Reply brief: 7 pages
Absent leave of court, initial briefs and separately filed supporting memoranda and opposition briefs are limited to 15 pages, excluding exhibits; reply briefs are limited to 7 pages.
- Initial brief
- Up to 15 pages
- Memorandum in support
- Up to 15 pages
- Opposition brief
- Up to 15 pages
- Reply brief
- Up to 7 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Court's wording
(iii) Absent leave of court the following page limits apply: a. Initial brief (and memorandum in support, if separately filed): 15 pages total (exclusive of exhibits) b. Opposition brief: 15 pages (exclusive of exhibits) c. Reply brief: 7 pages
Document Format Requirements5 rules
All briefs shall be: (1) double-spaced with numbered pages; (2) typed in 12-point font; (3) with 1-inch margins.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Brief
Formatting
- •Numbered pages
(ii) All briefs shall be: o double-spaced with numbered pages; o typed in 12-point font; o with 1-inch margins.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Brief
Interim CMCs shall be in person.
Formatting
- •Interim CMCs shall be in person
Deposition transcripts should be submitted in mini-script format (four pages per side).
Deposition transcripts should be submitted in mini-script format (four pages per side).
Document Filing Requirements29 rules
Litigants must use the official Motion Calendar Section Case Management Order forms for Category 1 and Category 2 case types.
Court's wording
Litigants MUST use the Motion Calendar Section Form Case Management Orders for Category 1 and Category 2 Case Types located at https://www.cookcountycourt.org/ABOUT-THE-COURT/County- Department/Law-Division, and also are available in the motion court rooms.
Each petition to approve settlement must include specified cost, fee, lien, and probate information.
Court's wording
Petitions shall include: (1) an itemized descriptive list of costs; (2) a copy of the fee agreement or counsel's representation as to the contingency percentage; (3) a description of all lien claims, even if the lien does not attach to the proceeds; and (4) appropriate language where further probate proceedings are required.
Include language in any dismissal orders specifically striking any future court dates in Calendar R only. This Court is not authorized to strike any dates set in Courtroom 2005, however, and such language should not be included.
Even agreed motions must be filed. Failure to attach a file stamped motion regarding a routine or agreed matter will result in the order not being entered until a filed motion is provided.
Parties shall not submit as routine or agreed any orders dismissing wrongful death, survival, or minors’ cases. For Petitions to Approve settlement and dismissal of such matters, see Section 4 below.
Any order dismissing a case pursuant to settlement must state whether voluntary mediation was or was not utilized in arriving at the settlement. (Pretrials with a sitting judge are not “voluntary mediation.”)
Motions and orders presented by agreement must be titled “Agreed.”
- Document
- Agreed motion and order
Must include
- •Agreed
Movant must include a proposed order with their motion. Failure to do so will result in motion not being ruled on.
- Document
- Motion
Must include
- •Proposed order
(i) The movant must have an appearance on file and must give notice to opposing parties according to circuit court rules.
(d) Emergency Motions with a proposed order must be submitted via email and include an introductory paragraph stating the grounds for the emergency.
- Document
- Emergency motion
Must include
- •Proposed order
Settlement petitions must include an itemized list of costs, the fee agreement or counsel’s representation of the contingency percentage, a description of all lien claims, and appropriate language when further probate proceedings are required.
Court's wording
(b) Petitions shall include: (i) an itemized descriptive list of costs; (ii) a copy of the fee agreement or counsel’s representation as to the contingency percentage; (iii) a description of all lien claims, even if the lien does not attach to the proceeds; and (iv) appropriate language where further probate proceedings are required.
No Ill. Sup. Ct. R. 304(a) language may be included in any order without express advance judicial authorization.
Attorneys shall present to the judge all prior case management orders at any case management conference.
Once a pre-trial conference is scheduled, each party should deliver to the court at least two days before the pre-trial conference an unfiled pre-trial memorandum of five pages or less containing (1) a summary of the allegations, defenses, facts, claimed injuries, and damages, and (2) the last demand, offer, and policy limits.
For motions attacking a pleading (motions to dismiss, to strike, for bill of particulars, etc.), the courtesy copy should include the pleading at issue.
Courtesy copies should include briefs and exhibits, if any.
All parties should be prepared to address the motion at the court date of presentment at a briefing schedule is not guaranteed, especially for non-dispositive motions.
Judge Otto generally prefers short pretrial memoranda at least two days in advance, containing the listed information, but may be flexible in urgent situations; the parties may choose whether to share them.
Court's wording
(c) As a general matter, Judge Otto prefers the parties to provide short memoranda at least two days in advance (contents see below). He can be flexible when there is urgency (i.e. incipient trial). Memos can be submitted confidentially or provided to the other side as each side sees fit. Contents should include: (i) summary of the allegations, defenses, facts, claimed injuries, damages, and (ii) the last demand, offer, and policy limits.
Dismissal orders should strike future court dates on Calendar R (include specific date).
This Court is not authorized to strike trial dates or any dates set in Courtroom 2005, and such language should not be included. (Upon dismissal, 2005 dates will be stricken administratively.)
Parties should not submit agreed orders to amend the Case Management Order unless previously authorized by the Court.
Attorneys should be prepared to present to the judge all prior case management orders at any case management conference.
At the initial case management conference, counsel should be prepared to address: 1. whether the case is a re-filing; 2. whether all parties have been served, and; 3. the known injuries and special damages at that point.
The Court will enter a Case Management Order on the earliest practical date
No ISCR 304(a) language may be included in any order without prior express judicial authorization.
Movant must include a proposed order as a court order, absence of such an order. The document will not be ruled on.
Must include
- •Proposed order
Case law should be made unless it is not available through a public available or inapplicable format.
The emergency reason must have an appearance on file.
Motions to Strike in, or portions thereof, the briefs will be taken way with the Court with the motion.
Filing & Service rules
Electronic Filing Rules
Settlement petitions must be presented to the court in hard copy as unfiled petitions in the Courtroom 2208 basket, and must not be filed until court approval.
Petitions to settle cases involving minors, disabled persons and survival and wrongful death claims shall be presented to the Court in hard copy by placing the unfiled petition in the basket outside of Courtroom 2208. Petitions must not be filed until approved by the Court.
Civil cases
Page 6 | 4. Petitions to Approve Settlement
Emergency motions with a proposed order must be submitted by 10:00 AM by email and must include an introductory paragraph stating the grounds for the emergency.
Emergency Motions with a proposed Order must be submitted by 10:00 AM via email and include an introductory paragraph stating the grounds for the emergency.
Civil cases
Parties may “piggy-back” motions to previously-scheduled court dates so long as they give all parties proper notice and provide the court with a courtesy copy. Unless piggy-backing, parties MUST obtain a date and time for presentment of contested motions by spindling the motion through the Odyssey system.
Parties may “piggy-back” motions to previously-scheduled court dates so long as they give all parties proper notice and provide the court with a courtesy copy. Unless piggy-backing, parties MUST obtain a date and time for presentment of contested motions by spindling the motion through the Odyssey system.
Civil cases
Wrongful death, survival, and minor-injury dismissal orders may not be handled as routine or agreed submit, dismissal of such matters goes through Section 4 petitions to approve settlement.
Parties shall not submit as routine or agreed any orders dismissing wrongful death, survival, or minors’ cases, INCLUDING partial dismissals pursuant to settlement with some but not all defendants. For Petitions to Approve settlement and dismissal of such matters, see Section 4 below.
Civil cases
Emergency motions must be emailed with a proposed order and an introductory paragraph stating the grounds for the emergency.
(d) Emergency Motions with a proposed order must be submitted via email and include an introductory paragraph stating the grounds for the emergency.
Page 5 | Motions
Settlement petitions involving minors, disabled persons, and survival or wrongful-death claims must be presented in hard copy by placing the unfiled petition in the basket outside Courtroom 2208.
Petitions to settle cases involving minors, disabled persons and survival and wrongful death claims shall be presented to the Court in hard copy by placing the unfiled petition in the basket outside of Courtroom 2208.
Page 6 | Petitions to Approve Settlement
Routine motions marked agreed may be submitted by email (copying all parties) or at a scheduled case management conference.
marked agreed, may be submitted by email, cc’ing all parties, or at any scheduled case management conference.
Civil cases
Settlement petitions may also be provided to the Court by email with all necessary exhibits and a proposed settlement order.
Petitions to settle may also be provided to the Court via email, with all necessary exhibits and proposed settlement order.
Page 6 | Petitions to Approve Settlement
Agreed motions and orders may be submitted by email with all parties copied or presented at a scheduled case management conference.
Agreed motions and orders may be submitted by email, cc’ing all parties, or may be presented at any scheduled case management conference to be reviewed by the Court.
Page 3 | Motions
If any party objects to a routine motion, the movant must spindle the motion and put it on for presentment under paragraph 2(b).
If any party objects to a routine motion, the movant must rule on it in a way that is not supported by the motion for presentment per 2(b) below.
Civil cases
Filing Timing and Cure Windows
Each party should deliver an unfiled pre-trial memorandum to the court at least two days before the scheduled pre-trial conference.
Once a pre-trial conference is scheduled, each party should deliver to the court at least two days before the pre-trial conference an unfiled pre-trial memorandum of five pages or less
Civil cases
Page 6 | 5. Pre-Trial Conferences
Emergency motions must be submitted no later than 10:00 AM.
Emergency Motions with a proposed Order must be submitted by 10:00 AM via email and include an introductory paragraph stating the grounds for the emergency.
Civil cases
Contested motions must be scheduled for initial present at least 3 court days in advance.
scheduled for initial presentment at least 3 court days in advance.
Civil cases
Settlement petitions must not be filed until the Court approves them.
Petitions must not be filed until approved by the Court.
Page 6 | Petitions to Approve Settlement
The initial case management conference is scheduled 60 days after the Complaint is filed, with notice sent to all parties of record.
Electronic notices/post cards will be sent to all attorneys and self-represented parties of record for the initial CMC date, 60 days from the date of filing of the Complaint.
Civil cases
Page 5 | 3. Case Management Conferences
Service and Proof of Service Rules
The movant must give opposing parties notice under circuit court rules.
(i) The movant must have an appearance on file and must give notice to opposing parties according to circuit court rules.
Page 5 | Motions
The movant must provide notice to all other parties when presenting an emergency motion.
The movant must provide notice to all other parties.
Civil cases
Page 5 | Motions
Piggy-backing a motion requires proper notice to all parties and a courtesy copy to the court.
Parties may “piggy-back” motions to previously-scheduled court dates so long as they give all parties proper notice and provide the court with a courtesy copy.
Civil cases
Courtesy Copy Requirements
PENDING FULLY-BRIEFED MOTIONS: For any parties to cases pending on Calendar R with motions which are already fully-briefed as of February 1, 2024, but as to which no ruling has yet been issued. Movant must submit a full set of courtesy copies in hard-copy format (paper) no later than March 15, 2024, regardless of whether courtesy copies have previously been submitted in any format. Failure to do so will be considered abandonment of the motion, which may result in its summary denial. Courtesy copies must include (all printed double-sided if possible): o All Briefs on the motion o All Exhibits, tabbed for identification (depositions printed in miniscript format) o Any transcripts of argument which has previously been heard on the motion, if a court reporter was present o All orders previously entered relating to the motion (including briefing schedule orders, and any orders setting the matter for ruling or continuing the matter for ruling) o Most recent order entered in the case o Current Case Management Order o Cover letter noting (i) trial date and (ii) any other future dates in 2005
PENDING FULLY-BRIEFED MOTIONS: For any parties to cases pending on Calendar R with motions which are already fully-briefed as of February 1, 2024, but as to which no ruling has yet been issued. Movant must submit a full set of courtesy copies in hard-copy format (paper) no later than March 15, 2024, regardless of whether courtesy copies have previously been submitted in any format. Failure to do so will be considered abandonment of the motion, which may result in its summary denial. Courtesy copies must include (all printed double-sided if possible): o All Briefs on the motion o All Exhibits, tabbed for identification (depositions printed in miniscript format) o Any transcripts of argument which has previously been heard on the motion, if a court reporter was present o All orders previously entered relating to the motion (including briefing schedule orders, and any orders setting the matter for ruling or continuing the matter for ruling) o Most recent order entered in the case o Current Case Management Order o Cover letter noting (i) trial date and (ii) any other future dates in 2005
Civil cases
Page 2 | 2.a
A physical courtesy copy of a motion scheduled for initial presentment must be provided to the Court at least three court days in advance.
Parties must provide the Court a physical courtesy copy of any motions scheduled for initial presentment at least 3 court days in advance.
Page 4 | Motions
In the physical copy all exhibits must be tabbed and all materials must be printed double-sided.
In the physical copy all exhibits must be tabbed and all materials must be printed double-sided.
Civil cases
Courtesy copies should be one complete set sent electronically to the Calendar R email, and one complete set of physical courtesy copies delivered to Room 2208.
Courtesy copies should be one complete set sent electronically to the Calendar R email, and one complete set of physical courtesy copies delivered to Room 2208.
Civil cases
Submit only one copy of any exhibit, pleading, or deposition.
Submit only one copy of any exhibit, pleading, or deposition.
Civil cases
Parties may piggy-back motions to previously scheduled court dates if they give all parties proper notice and provide the Court a courtesy copy.
Parties may “piggy-back” motions to previously scheduled court dates so long as they give all parties proper notice and provide the Court with a courtesy copy.
Page 4 | Motions
Once briefing is complete, courtesy copies should adhere to the following guidelines:
Once briefing is complete, courtesy copies should adhere to the following guidelines:
Page 4 | Motions
Physical courtesy-copy exhibits must be tabbed, and all materials should be printed double-sided.
In the physical copy all exhibits must be tabbed, and all materials should be printed double-sided.
Page 4 | Motions
After briefing is complete, parties should send one complete electronic set to the Calendar R email and deliver one complete physical set to Room 2208.
Courtesy copies should be one complete set sent electronically to the Calendar R email, and one complete set of physical courtesy copies delivered to Room 2208.
Page 4 | Motions
For motions attacking a pleading (motions to dismiss, to strike, for bill of particulars, etc.), the courtesy copy should include the pleading at issue.
For motions attacking a pleading (motions to dismiss, to strike, for bill of particulars, etc.), the courtesy copy should include the pleading at issue.
Page 4 | Motions
(iv) Courtesy copies should include briefs and exhibits, if any. Case law should not be provided unless unavailable through LEXIS.
(iv) Courtesy copies should include briefs and exhibits, if any. Case law should not be provided unless unavailable through LEXIS.
Page 5 | Motions
Submit only one copy of any exhibit, pleading, or deposition.
Submit only one copy of any exhibit, pleading, or deposition.
Page 5 | Motions
Filing Bundling Requirements
Other than the copy provided to the court for presentment (see 2(b) above), parties should not submit copies of any briefs relating to contested motions until all briefing is complete.
Other than the copy provided to the court for presentment (see 2(b) above), parties should not submit copies of any briefs relating to contested motions until all briefing is complete.
Civil cases
Other than copies provided to the Court for presentment (see 2(b)(i) above), parties should not submit copies of any briefs relating to contested motions until all briefing is complete.
Other than copies provided to the Court for presentment (see 2(b)(i) above), parties should not submit copies of any briefs relating to contested motions until all briefing is complete.
Page 4 | Motions
Pre-Motion Conference Requirements
Contested motions that are not piggy-backed must be spindled through Odyssey to obtain a presentment date and time.
Unless piggy-backing, parties must obtain a date and time for presentment of contested motions by spindling the motion through the Odyssey system.
Page 4 | Motions
If a party objects to a routine motion, the movant must spindle it for presentment or may notice it to be piggy-backed to an upcoming hearing or status date.
If any party objects to a routine motion, the movant must spindle it for presentment or may notice the routine motion to be piggy-backed to an upcoming hearing/status date- as set forth in 2(b) below.
Page 4 | Motions
All parties should be ready to address the motion at presentment because a briefing schedule is not guaranteed, particularly for non-dispositive motions.
All parties should be prepared to address the motion at the time of presentment; a briefing schedule is not guaranteed, especially for non-dispositive motions.
Page 4 | Motions
The movant should not notice themselves to appear before the Court to present an emergency motion.
(ii) The movant should not notice themselves to appear before the Court to present the motion.
Page 5 | Motions
Motions to amend the Case Management Order are generally not emergencies.
Motions to amend the Case Management Order are generally not an emergency.
Page 5 | Motions
If the Court finds an emergency and a hearing is necessary, it will set a prompt presentment date.
Otherwise, the Court will set a prompt date for presentment.
Page 5 | Motions
The definition of an emergency is provided in GAO 20-9 § 3.5(A).
See GAO 20-9 § 3.5(A) for what constitutes an emergency.
Page 5 | Motions
A motion determined not to be an emergency may still be spindled or piggy-backed as a regular motion.
The motion may still be spindled or piggy-backed as a regular motion.
Page 5 | Motions
The Law Division arbitration program is described in Part 25 of the Local Cook County Rules on the Court’s website.
The Law Division arbitration program is described at Part 25 of the Local Cook County Rules on the Court’s website.
Page 6 | Case Management Conferences
Cases may be screened at any case management conference for transfer to First Municipal or referral to Law Division Arbitration based on case type and value.
Cases may be screened at any CMC for transfer to First Municipal or referral to Law Division Arbitration based on case type and value.
Page 6 | Case Management Conferences
Chambers Communication Rules
Any communications with the Court with respect to Calendar R matters must be submitted to the email address for Calendar R listed above (Law.CalRcc@cookcountyil.gov). Any email correspondence to the Court must copy all parties who have appeared. Such email communication is strictly limited to (1) the submission of proposed agreed orders; (2) the submission of routine or agreed motions; (3) submission of courtesy copies for fully-briefed motions; and (4) other email communication expressly permitted by court order.
Any communications with the Court with respect to Calendar R matters must be submitted to the email address for Calendar R listed above (Law.CalRcc@cookcountyil.gov). Any email correspondence to the Court must copy all parties who have appeared. Such email communication is strictly limited to (1) the submission of proposed agreed orders; (2) the submission of routine or agreed motions; (3) submission of courtesy copies for fully-briefed motions; and (4) other email communication expressly permitted by court order.
Civil cases
Page 1 | 1.c
Calendar R email about Calendar R matters or pretrials must go to the designated address and copy all appearing parties, and may be used only for the listed purposes or as expressly permitted by court order.
(b) Any email communications with the Court with respect to Calendar R matters or inquiring about a pretrial should be submitted to the Calendar R email address (Law.CalRcc@cookcountyil.gov) and should cc all parties who have appeared. Such email communication is strictly limited to: (i) the submission of proposed agreed orders; (ii) the submission of routine or agreed motions; (iii) submission of courtesy copies for fully briefed motions; (iv) scheduling (including pretrials); and (v) other email communication expressly permitted by court order. • Counsel, parties, and others may not use email for any other purpose. Any such emails may not be answered.
Page 2 | General Provisions
Parties may request a pre-trial conference by email or in person with the clerk in Courtroom 2208.
Parties may request a pre-trial conference through email or in person with the clerk in Courtroom 2208.
Civil cases
Page 6 | 5. Pre-Trial Conferences
The Court reviews an emailed motion to determine whether it qualifies as an emergency and how to proceed.
The court will review the motion when it is emailed to determine whether it constitutes an emergency and proceed accordingly (see below).
Page 5 | Motions
If the Court finds an emergency and determines no hearing is necessary, it will rule on the motion and advise the parties by email.
If the Court finds an emergency and finds a hearing is not necessary, the Court will rule on the motion and advise the parties by email.
Page 5 | Motions
If the Court determines a matter is not an emergency, it will inform the parties by email.
(iii) If the Court determines that the matter is not an emergency the Court will inform the parties by email response.
Page 5 | Motions