Judge Joel D. Buikema
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Five Days Before Hearing
Trial Exhibits
- Five Days Before Trial
Adjournments
- Trial continuance requests must be in writing, supported by a detailed compelling affidavit, and heard as soon as possible or at least 5 business days before trial unless based on emergency/exigent circumstances.
Communication
Clerk26 contacts
- probatecrt1812orders@
cookcountycourt.com - probatedivorders@
cookcountycourt.com - probatecrt1809orders@
cookcountycourt.com - probatecrt1811orders@
cookcountycourt.com - probatecrt1801orders@
cookcountycourt.com - dwhensel@
cookcountycourt.com
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- snadams@
cookcountycourt.com - beanaele@
cookcountycourt.com - joseph.fleming@
cookcountyil.gov - probatedivservices@
cookcountycourt.com - jlmckay@
cookcountycourt.com - probatecrt1804orders@
cookcountycourt.com - efilehelp@
cookcountycourt.com - probate.divatty@
cookcountyil.gov - (312) 603-6878
- (312) 603-2486
- (312) 603-5694
- (312) 603-7546
- (312) 603-5157
- (312) 603-2591
- (312) 603-6558
- (312) 603-5647
- (312) 603-7229
- (312) 603-5025
- (312) 603-3784, (312) 603-5647
- (312) 603-7545
Other Contacts10 contacts
Chambers1 contacts
Page & Word Limits1 rule
Briefs in support and in response to a motion shall not exceed ten (10) pages unless permission is granted from the Court to exceed this limit.
- Brief
- Up to 10 pages
Exception
More pages with leave of court
Document Format Requirements1 rule
All briefs shall be double-spaced with 12-point font and 1 inch margins.
- Font size
- 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Brief
Document Filing Requirements19 rules
Defendants in ERP cases must file an Appearance by the date in the Trial Setting Order and before presenting motions, participating in trial, or addressing the Court at any critical stage.
Court's wording
On the ERP return date, the Court will issue a Trial Setting Order requiring the Defendant(s) to file an Appearance by the date set forth therein. Defendant(s) will be required to file an appearance prior to presenting any motions, participating in trial or addressing the Court in any other critical stage of the proceeding.
An attorney shall file a written Appearance or other pleading before addressing the court unless the attorney is presenting a motion for leave to appear by intervention or otherwise.
In joint actions, a prove-up affidavit or live testimony is required to support damages; a verified complaint is not sufficient for rent during eviction.
Court's wording
In the event Plaintiff has filed a joint action, a prove-up affidavit or live testimony is required to support a claim for damages. A verified complaint will not be accepted by the Court as sufficient to support a claim for rent during the pendency of the eviction action.
Affidavit as to military service. Clerk Form CCG 0004 & Dept. of Defense status report. www.servicememberscivilreliefact.com
Proof of Service Affidavit from the deputy sheriff or special process server for each defendant in default. (Sheriff’s Internet / Online / Website record is not acceptable) Constructive Service (5/9-107): Affidavit as set forth in statute and Posting or Publication affidavit from sheriff or publication service.
Discovery in residential eviction cases requires prior leave of Court; a party must file a motion identifying the discovery and its relevance/necessity.
Court's wording
Discovery will not be permitted in residential eviction cases without prior leave of the Court. Prior to engaging in any discovery, a party wishing to issue discovery must file a motion with the Court identifying what discovery will be issued and state why that discovery is relevant and necessary.
Eviction Cases: Notice of Termination of Tenancy served upon tenant(s).
Prove-Up Affidavit setting forth facts supporting Plaintiff’s claim for possession; claim for money damages thru month of possession; and statement that since the service of the Termination of Tenancy Notice, Plaintiff has not accepted any payments from defendant(s) in excess of the amount set forth in the 5-day notice.
Plaintiff must E-file a Prove-Up Affidavit (or present sworn testimony via ZOOM) at least 5 days before a non-compliance prove-up hearing; attorneys cannot rely solely on a motion or oral representation.
Court's wording
On all motions for an eviction order of possession and / or money judgment based on the non-compliance of a party on an Agreed Order, the plaintiff must E-file a Prove-Up Affidavit in support of the required elements of proof for judgment not less than five (5) days prior to the hearing OR present sworn testimony via ZOOM in support of the required elements of proof for judgment to be entered. Attorneys may not seek an order of possession or money judgment based solely upon an attorney's motion or an attorney's oral representation to the Court.
Emergency motions must set forth a verifiable EMERGENCY with extraordinary circumstances.
The Order of settlement or dismissal must be signed by both parties and submitted to the Clerk at 9:30 a.m. on or before the date the matter was scheduled – no exceptions.
Petition for Attorney’s Fees – on applicable cases only. (Commercial & Condo)
In the event a Prove-Up affidavit is not filed, Plaintiff may offer sworn testimony to support its motion for entry of a default judgment.
A standardized residential eviction order form, as determined by the Supreme Court, shall be used statewide.
If submitted before the date the matter was scheduled, the order must strike the future court date.
In residential eviction cases, defendants or unknown occupants attending the initial return date may attend without filing an Appearance and will be offered Early Resolution Program resources.
Court's wording
Provided the court has proper jurisdiction, any Defendant or Unknown Occupant in a residential eviction case who is attending court on the initial return date will be offered access to the Early Resolution Program (ERP) resources and will be permitted to attend court without having an Appearance on file pursuant to G.A.O. 2020-09 III (A)(6).
Orders to issue alias summons may be emailed to the Clerk on the call date without notice or appearance if the Sheriff has attempted service at least once; return dates must stay on the same day/time, except condominium eviction cases originally scheduled Monday get a Wednesday 9:30 a.m. date.
Court's wording
The following draft orders may be emailed to the Clerk ON THE DATE THE SUBJECT CASE IS ON THE CALL, without notice, and appearance before the Court is not required. (i) Orders to issue alias summons on cases where the Cook County Sheriff has attempted service at least one time. Return dates on alias summons must remain on the same day of week at the same time as originally scheduled, EXCEPT, condominium eviction cases originally scheduled for a Monday should be given a Wednesday date at 9:30 a.m. for status on the Alias Summons To Issue.
(ii) Agreed Settlement Orders where all parties have affixed signature to the order. In the event an Agreed Settlement Order is issued and a trial date has been previously scheduled, the trial date must be stricken on the Agreed Settlement Order.
(iii) Voluntary Dismissal Orders by plaintiff where there is no pending counterclaim, hearing, or trial date set and no dispositive motion has been filed. In the event a trial date has been previously scheduled, the trial date must be stricken on the Voluntary Dismissal Order.
Filing & Service rules
Electronic Filing Rules
Motions, prove-up documentation, trial exhibits, and proof of service affidavits must be e-filed through the Clerk's ODYSSEY system.
Motions, all Prove-Up documentation, Trial Exhibits and Proof of Service affidavits must be E-filed with the Clerk's electronic filing system (i.e. ODYSSEY) not less than five (5) days prior to any hearing or trial.
Civil cases
Page 3 | C. Filings
Default judgment and prove-up motions must be e-filed.
On ALL motions for default judgment and prove up, the moving party must e-file the following documents not less than five (5) days prior to the hearing date.
Civil cases
Page 5 | E. Default Motions and Prove-Up Requirements
Each party must E-file its Motion, Response, and Reply within the time ordered by the court.
Each party is responsible for E-filing its Motion, Response and Reply within the time ordered by the court.
Civil cases
Page 7 | Contested Motions
Exhibits or filings not accepted via e-filing (e.g., video/audio recordings) may be dropped off at the Office of the Presiding Judge for Room 203.
Exhibits / filings that are not accepted via E-filing (ex. video / audio recordings) may be dropped off at the Office of the Presiding Judge for Room 203.
Civil cases
Page 3 | C. Filings
Filing Timing and Cure Windows
Proposed orders must be emailed to the Court on the day the case is on the call; failure to do so may result in involuntary dismissal for want of prosecution (DWP).
All proposed orders must be sent to the Court on the day the subject case was before the Court. Failure to submit an order to the Court on the date the subject case was on the call may result in the case being involuntarily dismissed for want of prosecution. (i.e. DWP)
Civil cases
Page 3 | All Orders Must Be Emailed To
Motions, prove-up documentation, trial exhibits, and proof of service affidavits must be e-filed at least 5 days before any hearing or trial; late filings may result in continuance or exclusion of trial exhibits.
Motions, all Prove-Up documentation, Trial Exhibits and Proof of Service affidavits must be E-filed with the Clerk's electronic filing system (i.e. ODYSSEY) not less than five (5) days prior to any hearing or trial.
Civil cases
Page 3 | C. Filings
For all default judgment and prove-up motions, the moving party must e-file the required documents at least 5 days before the hearing.
On ALL motions for default judgment and prove up, the moving party must e-file the following documents not less than five (5) days prior to the hearing date.
Civil cases
Page 5 | E. Default Motions and Prove-Up Requirements
the plaintiff must E-file a Prove-Up Affidavit in support of the required elements of proof for judgment not less than five (5) days prior to the hearing
the plaintiff must E-file a Prove-Up Affidavit in support of the required elements of proof for judgment not less than five (5) days prior to the hearing
Civil cases
Page 7 | Default Motions and Prove-Up Requirements
Emergency motions must be filed with the Clerk before any hearing date and time is scheduled.
Emergency Motions must be filed with the Clerk of the Circuit Court before any hearing date and time will be scheduled.
Civil cases
Page 9 | Emergency Motions
Service and Proof of Service Rules
On all default judgment motions, served parties must be given notice per CCR 2.1 and Proof of Service must comply with Supreme Court Rule 12.
Proof Service of Notice of Default Motion/Hearing Date - On all motions for default judgment, all parties who have been served shall be given notice as provided in CCR 2.1 and Proof of Service must comply with Supreme Court Rule 12.
Civil cases
Page 5 | E. Default Motions and Prove-Up Requirements
Notice of the Non-Compliance Prove-Up motion must be provided to each defendant unless the compliance court date was set in the agreed order.
Notice of Motion for a Non-Compliance Prove-Up must be provided to each defendant unless the compliance court date was set forth in the agreed order.
Civil cases
Page 7 | Default Motions and Prove-Up Requirements
Immediately after an emergency motion is scheduled, the movant must file proof of service on the opposing party with the Clerk.
Immediately after the Emergency Motion is scheduled, the Movant must file its proof of service upon the opposing party with the Clerk of the Circuit Court.
Civil cases
Page 9 | Emergency Motions
Courtesy Copy Requirements
Movants must provide the Court courtesy copies of all briefs at least 5 days before the hearing.
Movants are responsible for providing the Court with courtesy copies of all briefs not less than five (5) days prior to the hearing date.
Civil cases
Page 7 | Contested Motions
Each party must provide courtesy copies of all trial exhibits to all parties/counsel of record at least 5 days before trial.
Each party must provide a courtesy copy of all trial exhibits to all parties/counsel of record not less than five (5) days prior to trial date.
Civil cases
Page 7 | Trials
Adjournment & Extension Requirements
Trial continuance requests must be in writing, supported by a detailed compelling affidavit, and heard as soon as possible or at least 5 business days before trial unless based on emergency/exigent circumstances.
A request for a continuance for trial must be in writing and supported by a detailed, compelling affidavit and heard as soon as possible or at least 5 business days preceding trial unless emergency and exigent circumstances are the basis for the requested continuance.
Civil cases
Page 7 | Trials
Chambers Communication Rules
The courtroom email (D5CRT203ORDERS@COOKCOUNTYCOURT.COM) may be used only to deliver proposed court orders, not for substantive communication with the Judge or Court staff.
The courtroom email is to be used solely for delivery of proposed court orders. It is not for communication with the Judge or Court staff on the substance or your case or any other topic besides court orders. Do not expect responses to communications other than responses concerning proposed court orders sent in after appearing on the Court's scheduled call.
Civil cases
Page 3 | All Orders Must Be Emailed To
Ex parte communications with the Court are prohibited; the Court will only respond to communications about proposed orders sent after appearing on the scheduled call.
Do not engage in any ex parte communication with the Court and do not expect responses to communications other than communications concerning proposed court orders sent in after appearing on the Court’s scheduled call.
Civil cases
Page 1 | 1. GENERAL MATTERS - A. Appearance and Communications
All communications with the Court must be made through filed pleadings, motions, briefs, or proposed orders, and must be copied to all parties of record.
All communications with the Court must be by filed pleading, motion, brief or proposed orders, etc. Any communications with the Court must be copied to all parties of record.
Civil cases
Page 1 | 1. GENERAL MATTERS - A. Appearance and Communications
Communications with the presiding judge's staff or court clerk are limited to administrative, procedural, or scheduling matters.
Communications with the presiding judge’s staff or the court clerk are allowed only on administrative, procedural or scheduling matters.
Civil cases
Page 1 | 1. GENERAL MATTERS - A. Appearance and Communications
Emailing the Court does not substitute for appearing on the scheduled call.
Sending an email is no substitute for appearing on the Court’s scheduled call on the date assigned through the clerk’s electronic docketing system.
Civil cases
Page 1 | 1. GENERAL MATTERS - A. Appearance and Communications
Movants should call the Office of the Presiding Judge at (708) 974-6290 to schedule any emergency motion.
Movants should contact a staff member at the Office of the Presiding Judge at (708) 974-6290 to schedule any Emergency Motion.
Civil cases
Page 9 | Emergency Motions
All communications with the Court, court personnel, opposing counsel, parties, or witnesses must be civil and courteous.
All communications with the Court, court personnel, opposing counsel, parties or witnesses shall be presented in a civil and courteous manner.
Civil cases
Page 1 | 1. GENERAL MATTERS - A. Appearance and Communications
When a scheduled matter is settled, both parties may appear on Judge Castillo's 9:30 a.m. Zoom call (Monday thru Friday) to advise the court the hearing will not proceed.
In the event any matter scheduled for a hearing or trial is settled, both parties may appear on Judge Castillo's 9:30 a.m. Zoom call (Monday thru Friday) to advise the court that the scheduled hearing will not proceed as scheduled.
Civil cases
Page 9 | Settlements