Judge Lloyd J. Brooks
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Brief
Courtesy copies
- With Each New Hearing Date
Motion
- Ten Court Days Before Hearing
Motion, Brief, Petition
- Ten Court Days Before Hearing
Communication
Other Contacts9 contacts
Chambers3 contacts
Clerk1 contacts
Document Format Requirements5 rules
Courtesy copies which are not submitted in a SINGLE email, in a neatly organized fashion, and as a SINGLE, tabbed PDF document with a SEPARATE SINGLE PDF document containing ALL proposed orders will NOT be considered by the Court.
- File type
- Courtesy copy
Formatting
- •Submitted in a single email
- •Single, tabbed PDF for courtesy copies
- •Neatly organized
Email courtesy copies must use a subject line limited to case number, case name, and court date, include case number and description in the body, and omit the law firm's internal file numbers.
Court's wording
When emailing courtesy copies, parties must strictly adhere to the following guidelines: The subject line of the email must include only the case number the case name and the court date (e.g., 20 CH 0001 PNC v Martin 12/30/2020). For routine motions, please indicate “off-call” instead of the court date. The body of the email must include the case number, court date, and a brief description of the matter. Please do not include any “internal” file numbers of the law firm submitting the courtesy copies.
The Court will not enter any order that has space for the Judge’s signature standing alone on a separate page.
- Proposed order
Formatting
- •No space for the Judge’s signature standing alone on a separate page
Exceptions will be made for voluminous courtesy copies exceeding 25 MBs. If multiple PDFs are required, they MUST be labeled in the following fashion: (e.g. 1 of 4, 2 0f 4, etc.). Due to the risk of computer files, DropBox or ShareFile links will NOT be accepted.
- File type
- Courtesy copy
Formatting
- •Multiple PDFs allowed only for voluminous courtesy copies exceeding 25 MB
- •Label multiple PDFs as '1 of 4', '2 of 4', etc.
The proposed order may not be stapled or bound to any other document.
Document Filing Requirements39 rules
The receiver seeking appointment MUST be present when the motion is scheduled to be heard. Additionally, the order appointing receiver will NOT become effective until a bond by an authorized surety has been submitted to chambers, signed, and approved by Judge Brooks.
Motion to Stay Possession must include date of possession in motion
A copy of the notice of motion (with date and time left blank) and the emergency motion must be presented at that time.
Motion to Stay Judicial Sale must include the date of sale in the motion, along with a request for a stay in the prayer for relief
Whenever a motion concerns or attacks a pleading, the courtesy copy package must include a full copy of the affected pleading.
Court's wording
If the motion under consideration concerns or attacking any pleading in the case, a full copy of the pleading must be included in the courtesy copies; e.g. a motion to dismiss a complaint must include a copy of the complaint with the courtesy copies.
All proposed orders shall be emailed to the Calendar 57’s dedicated email address in PDF format unless Word format is requested.
All affidavits submitted to the court for consideration must include all required exhibits. The court will not consider affidavits containing a stand-alone signature page or notary page.
All court orders drafted by counsel must state the basis for the court’s ruling. For example, when a motion is withdrawn, the order must state the reason it is being withdrawn.
In foreclosure default judgment or order approving sale motions, when service was over two years prior and the mortgagors have not appeared, the motion must include an exhibit affidavit of compliance verifying the service address is still current and the mortgagor is not deceased.
Court's wording
22. Compliance with Chancery GAO No. 2021-09. Pursuant to GAO No. 2021-09 any Plaintiff that is: (1) seeking a default judgment of foreclosure or an order approving sale, (2) where service was had on the mortgagor(s) over two years prior to the filing of such motion, and (3) where the mortgagor(s) has/have not filed an appearance, shall include as an exhibit to such motion an affidavit of compliance showing that (i) the address whereupon service was had is still the mortgagor(s) current address and (ii) the mortgagor(s) is not deceased.
The motion must contain specific information as to why the receiver needs counsel and what duties and responsibilities the receiver expects the attorney to perform. The motion must also contain as an exhibit the attorney’s curriculum vitae and his / her rate of compensation.
Receivers should submit a proposed order to the judge with its report stating the amount of fees and reimbursements to be approved and a blank section for the next hearing date for the report.
All receivers' reports must be verified under 735 ILCS 5/1-109 and follow the report Outline; failure to include required items may result in denial of fees, rejection of the report, discharge, or sanctions.
Court's wording
All receivers’ reports must be verified in the manner provided under 735 ILCS 5/1-109 and follow the Outline provided in this Standing Order, entitled Outline for the Receiver's Report. Failure to include items specified in said Outline, if such items exist or are relevant, shall be grounds for the denial of requested fees, costs, or reimbursements; rejection of the report; discharge of the receiver; or other sanctions.
Cover Sheet – Must include the following: - Case caption (including case number) - Hearing date and time - Name of receiver - Contact information for the receiver - Certificate of service of the report to all parties
- Document
- Report
Must include
- •Caption
- •Case number
- •Certificate of service
I. Overview A. Period the report covers B. Address of the property C. Type of property D. Whether the property is occupied E. Condition of the property, generally F. Status on insurance G. Status on property taxes H. Status on municipal violations, if any I. Inspections conducted during the period – this section should include the date the inspection was made, who performed the inspection, the rate of compensation for the inspection, the duration of the inspection, and what was done and observed at the inspection. If travel time is included, it must be stated how much time was spent traveling to the property. J. Whether the defendant is complying with the order appointing receiver -- this should include what specific items the receiver needs from the defendant, not just what is stated in the order appointing receiver. K. Whether the property is secured, generally L. Whether an attorney has been appointed for the receiver M. A discernible color photo of the property (only required for the first report or to show the court what repairs need to be made) N. A summary statement identifying all fees, costs, and expenses sought for approval
The rent and tenant issues section must cover occupancy, rent status, five-day notices, eviction intent, and eviction status.
Court's wording
Rent and Tenant Issues A. Number of units occupied and vacant B. Whether tenants are current on rent – including how many are delinquent, and how much rent is due, with a reference to the rent roll which is required as an exhibit to the report. C. Whether any five day notices have been sent D. Intent to file for eviction E. Status on evictions, if any F. Status on eviction court proceedings, if any
Health or safety concerns at property, if any
The summary shall set forth a ledger, spread sheet, or balance sheet clearly indicating the aforesaid financial information.
The receiver fees section must detail hourly rate, hours, time charges, monthly meetings, expenses, and prohibits charging for software.
Court's wording
Receiver Fees: A. Set out hourly rate for receiver; B. Number of hours the receiver is charging for this period; C. Fee detail on time charged – what was done by the receiver, which day the work was performed, how much of the time was billed for travel. It must reference the time sheet as an exhibit to the report; D. Monthly meetings – receiver must document exactly what occurs at these meetings and why the meetings are necessary. Receiver may charge a different (lesser) rate for these meetings; E. Expenses – must be detailed. For example “Copy Fee $1” must say what was copied, i.e. “copying first receiver’s report $1.”; F. Receivers and/or managers, may not charge for the use of software programs.
The future repairs section must list anticipated repairs, estimated costs, necessity, alternatives, and attach any gathered bids as exhibits.
Court's wording
Future Repairs – This section will set forth each repair the receiver anticipates will be needed in the future, whether it will need to be submitted for bid or not, estimated cost, why the repair is necessary, and any alternatives available for this repair. If bids have been gathered, they must be attached to the report as an exhibit and referenced as such in this section.
The repairs section must detail each repair made, including cost, invoice exhibit, who completed it, why it was necessary, and the date.
Court's wording
Repairs made during the period – in this section the receiver should detail each repair made, the cost of the repair (referencing each invoice which must be labeled as an exhibit to the report), who completed the repair, why the repair was necessary, and the date of repair.
The management fees section must detail the amount charged, duties performed, monthly meetings, and any outside services.
Court's wording
Management Fees A. How much is being charged for the period B. What duties and responsibilities the management company is performing to justify the rate of compensation requested – including any detail (including time spent, what work was done, who performed the work) and referencing any exhibit that relates to these duties C. Monthly meetings (see above) D. What services the management company provided outside its usual duties during this period, if any
The accounts and disbursements section must state whether a separate account exists, the balance, and any disbursements made.
Court's wording
Accounts and Disbursements A. Whether a separate account has been set up for the receivership B. Amount in the account C. Whether any disbursements were made during the period, when they were made, to whom, and how much
Exhibits should be attached in the following order: A. Order appointing receiver B. A copy of the bond
Bills A. All bills must be attached as an exhibit to the report. This section should explain why the bills are unpaid or contested along with when payment is expected
All exhibits must be labeled and referenced in the narrative, and an index or table of contents is required if there are more than five exhibits.
Court's wording
All exhibits must be clearly labeled with either numbers or letters and referenced whenever necessary in the narrative body of the report. An index or table of contents for the exhibits shall be included if there are more than five (5) exhibits.
The maintenance and security section must detail maintenance personnel, services performed, and security employment.
Court's wording
Maintenance and Security A. Whether maintenance people are employed by the receiver or management company, their names, duties, and rates B. Detail of what services the maintenance personnel performed during this period, the date this was done, the cost, etc. C. Whether security is employed, their names and rates
Receiver's report must include all prior court orders related to the receiver; they may be included as exhibits.
Court's wording
All prior court orders related to the receiver, including orders requiring a report and/or setting a hearing on a report, must be provided along with the receiver’s report. They may be included as exhibits if so desired.
All proposed orders shall include the Court’s contact information: Email: ccc.mf57@gmail.com Phone: (312) 603-3908
Order requests should include: (1) case number; (2) hearing date; and (3) defendant last name.
Order Approving Sale packets seeking in personam deficiency must include the specified documents, including compliance with GAO 2021-09 when applicable.
Court's wording
All Order Approving Sale (OAS) packets seeking an In Personam deficiency should include the following: Complaint, including Mortgage and Note Judgment of Foreclosure Proof of Service for each Defendant against whom a personal deficiency judgment is sought Compliance with GAO 2021-09 if applicable. Memorandum of Judgment (if any)
final orders without first petitioning the court by separate motion for such language to be added.
All Memoranda of Judgment that are set for hearing should include the Order Confirming Sale, Complaint, Judgment of Foreclosure and Proof of Service.
Where a corporation or a limited liability company has been served through the Secretary of State, the Affidavit of Compliance for Service on Secretary of State must be included in the courtesy copy packet.
Dispositive motions brought pursuant to Illinois Code of Civil Procedure sections 2-1005, 2-619, and 2-301(b) will be screened for Rule 113 and/or Rule 191 compliance.
A party seeking discovery before responding must provide on the presentment day an affidavit in
All affidavits for service by publication must be accompanied by a sworn affidavit and in compliance with Cook County Circuit Court Rule 7.3.
Mortgagees in possession shall also be required to submit reports pursuant to the order allowing possession. Such reports shall also follow the Outline to the extent practicable and relevant, with any significant failure to do so subject to equivalent sanctions, including restoration of possession to the mortgagor.
An index or table of contents shall follow the cover sheet if the report exceeds seven (7) pages, excluding receiver’s signature. An index or table of contents for exhibits shall precede exhibits if there are more than five (5) exhibits.
- Document
- Report
Must include
- •Table of contents
Amended reports may either attach only the court-requested information or highlight new/additional information in the revised report.
Court's wording
If the court requires the receiver to amend or supplement its report, the receiver may either: 1) attach and submit only the information requested by the court; or 2) highlight the new or additional information included in the revised report.
Filing & Service rules
Electronic Filing Rules
Electronic filing rules and procedures apply to all motions, except emergency motions addressed by Paragraph 4.
The Court’s Electronic Filing rules and procedures apply to all motions, except as provided for Emergency Motions at Paragraph 4 below.
Civil cases
Page 2 | 2. Scheduling Motions
Filing Timing and Cure Windows
All motions must be set for hearing in the Clerk’s office, Room 802, on the correct call; otherwise they will not be heard.
All motions must be set for hearing in the Clerk’s office, Room 802. Motions that are not properly set on the correct call will not be heard.
Civil cases
Page 2 | 2. Scheduling Motions
Emergency motions seeking next-court-day hearing must be presented for scheduling no later than 3:30 p.m. the preceding court day; emergency motions will not be scheduled for Thursday hearings.
A party who seeks to have an emergency motion heard on the next court day must present the emergency motion for scheduling no later than 3:30 p.m. on the preceding day, or earlier if General Administrative Order No. 2018-5 so requires, or if the “preceding day” is a Wednesday, as no motions will be scheduled for a Thursday hearing.
Civil cases
Page 2 | 4. Emergency Motions
Proposed orders must be submitted to the calendar email within 48 hours after the hearing; otherwise the matter must be re-noticed, while late dismissal orders may be submitted off call.
Proposed orders are due to the Calendar 57 email NO LATER THAN 48 hours after the hearing. Any order not received within 48 hours must be re-noticed. Late dismissals may be submitted off call.
Civil cases
Page 4 | 8. Proposed Orders
Failure to strictly follow the discovery timeline may result in sua sponte dismissal for want of prosecution.
Failure to strictly follow this timeline may result in the case being dismissed sua sponte for want of prosecution.
Civil cases
Page 6 | 21. Discovery Schedule
Dispositive motions may be filed after the order striking the case from case management, and all dispositive motions must be on or before the sixtieth day after the close of oral discovery.
The parties may file dispositive motions at any point after the entry of the order striking the case from case management (4331); however, ALL dispositive motions from ALL parties shall be filed on or before the sixtieth day after the close of oral discovery.
Civil cases
Page 6 | 21. Discovery Schedule
After the order striking the case from case management, parties have 8 months for written discovery, 14 months for oral discovery, 15 months for expert disclosure, and 17 months for expert discovery.
Upon entry of an order striking the case from case management (4331), the Court will simultaneously enter a pre-trial timeline in which the parties shall have: 8 months to complete written discovery; 14 months to complete oral discovery; 15 months to complete disclosure of expert witnesses; and 17 months to complete expert witness discovery.
Civil cases
Page 6 | 21. Discovery Schedule
During a loss mitigation hold, the discovery timeline continues to run and is not tolled or stayed unless a briefing schedule has been entered on a dispositive motion or a party moves the court.
The parties may use the time for discovery to conduct loss mitigation and settlement discussions if the case is “on loss mitigation hold,” but the timeline will continue to run and will not be tolled or stayed unless a briefing schedule has been entered on a dispositive motion or upon a motion of a party.
Civil cases
Page 6 | 21. Discovery Schedule
Filing frivolous motions to delay the case may result in the motion being facially stricken and the movant subject to sanctions.
Any deliberate and obvious attempt by a party to delay the prosecution of the case by filing frivolous motions will subject the motion to being facially stricken and potentially subject the movant to appropriate sanctions, at the Court’s discretion.
Civil cases
Page 6 | 21. Discovery Schedule
The Court may reset the discovery timeline based on filed motions, rulings, case history or a party's request.
The Court reserves the right to reset the discovery timeline of a case depending on motions that have been filed, rulings on motions presented to the Court, the procedural history and posture of the case, or upon a party’s motion to reset the discovery timeline.
Civil cases
Page 6 | 21. Discovery Schedule
Service and Proof of Service Rules
For any motion deemed an emergency, the moving party must have an appearance on file and serve the opposing party with notice of motion by a means reasonably calculated to let the opposing party appear at the hearing.
If the motion is deemed an emergency, the moving party must have an appearance on file and must transmit a notice of motion to the opposing party by a means reasonably calculated to reach the opposing party in sufficient time for the opposing party to appear at the hearing.
Civil cases
Page 2 | 4. Emergency Motions
The receiver may set the motion for the appointment of an attorney on the judge’s contested call or present it along with the receiver’s report, so long as it is provided to all parties at least ten court days prior to the hearing of the motion.
The receiver may set the motion for the appointment of an attorney on the judge’s contested call or present it along with the receiver’s report, so long as it is provided to all parties at least ten court days prior to the hearing of the motion.
Civil cases
Page 3 | Appointing an Attorney for the Receiver
Motions should be properly noticed to all parties and set for hearing with the clerk of court.
Motions should be properly noticed to all parties and set for hearing with the clerk of court.
Civil cases
Page 3 | Motions
Courtesy Copy Requirements
So long as the motion has been set, and courtesy copies have been provided ten (10) court days in advance of the hearing, the Judge will hear the matter.
So long as the motion has been set, and courtesy copies have been provided ten (10) court days in advance of the hearing, the Judge will hear the matter.
Civil cases
Page 2 | 3. Piggy-backing Motions
Court courtesy briefs must be emailed to Calendar 57 as one labeled, digitally tabbed PDF attachment, and copies must not be delivered to the previous 28th floor reception location.
Unless excused by the Judge in writing and submitted prior to boxes of court, courtesy copies of briefs are to be sent via email to Calendar 57’s email address (ccc.mfmlcalendar57@gmail.com) as a single file with PDF attachments that are clearly labeled with identifying names and are digitally tabbed for exhibits and documents. Courtesy copies shall NOT be delivered to the 28th floor reception area, as had been the custom in the past.
Civil cases
Page 3 | 7. Courtesy Copies
Cases placed on a briefing schedule must supply the entire courtesy copy package again for each new hearing date.
For all cases set over on a briefing schedule, the entire courtesy copy package must be provided with each new hearing date.
Civil cases
Page 3 | 7. Courtesy Copies
The moving party must provide courtesy copies of briefs, motions, and petitions, with exhibits, to the court and appearing parties at least ten court days before the hearing.
The moving party shall provide courtesy copies of all briefs, motions and/or petitions and their respective exhibits to the court and all named parties who have filed an appearance or their counsel, if counsel has filed an appearance, TEN COURT DAYS prior to presentation or hearing of said motion and/or petition.
Civil cases
Page 3 | 7. Courtesy Copies
Chambers Communication Rules
A litigant or attorney who cannot connect to the Judge’s Zoom hearing call must immediately call or email the contact number/email to notify the Court.
In the event a litigant or attorney is unable to connect to Judge Brooks’ Zoom hearing call, please IMMEDIATELY call (312) 603-3908 and/or email cccare.mfmlcalendar@cookcountyil.gov to let the Court know of your difficulty in connecting with the Zoom call.
Civil cases
Page 1 | Regular Zoom Hearing Court Calls
Motions to appoint a receiver or mortgagee in possession are scheduled by email to Calendar 57 and heard on Tuesdays, Wednesdays, and Fridays at 10:30 AM; the receiver must be present in court.
Motions to Appoint Receiver or Mortgagee in Possession can be scheduled with the Judge’s law clerk via email to the Calendar 57 email, upon request of the movant. These motions are heard on Tuesdays, Wednesdays, and Fridays at 10:30am. The receiver MUST be present in court when the motion is scheduled to be heard. Please see Judge Brooks’ Standing Order for Receivers for more information.
Civil cases
Page 3 | 6. Receiver's Motions
Parties must obtain signed and entered orders from the Circuit Court Clerk or the Court's administrative assistant, not by emailing the general Calendar email address.
Due to the increased volume and complexity of cases on the docket, the Court’s law clerk will no longer be providing copies of signed and entered orders to litigants. Please either contact the Clerk of the Circuit Court of Cook County directly or contact the Court’s disadministration assistant directly to obtain a copy of any previously signed and entered order. Please DO NOT email or carbon copy the generally calendar email address with such requests.
Civil cases
Page 4 | 8. Proposed Orders
The movant must notify the law clerk at the Calendar 57 email address when withdrawing or continuing a motion that has an entered briefing schedule and set hearing date; email notice may substitute for a phone call if timely.
If a briefing schedule has been entered and a hearing date has been set, but the movant will be withdrawing or continuing its motion, the movant shall notify the law clerk at the Calendar 57 email address. Correspondence indicating such a withdrawal may be delivered to the law clerk in lieu of a phone call if timely delivered.
Civil cases
Page 5 | 12. Withdrawing Motions Set for Hearing
Emergency motions must be scheduled through the Judge’s law clerk.
Emergency motions are scheduled with the Judge’s law clerk.
Civil cases
Page 2 | 4. Emergency Motions
Please allow 7-10 business days to receive an order from the Clerk’s automated email system. If an order has not been received, order requests should be sent to the Calendar 57 email. If more than one order is missing, please send ONE email with a list of all orders.
Please allow 7-10 business days to receive an order from the Clerk’s automated email system. If an order has not been received, order requests should be sent to the Calendar 57 email. If more than one order is missing, please send ONE email with a list of all orders.
Civil cases
Page 5 | 13. Order Requests