Judge Michael J. Chmiel
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Financial Affidavit, Pay Stubs, Tax Returns, Supporting Evidence Index
Court-wideJury Instructions
Court-wide- 2 copies
Supreme Court Rule 219 Motions, 735 ILCS 5/2-615 Motions, 735 ILCS 5/2-619 Motions, 735 ILCS 5/2-619.1 Motions, 735 ILCS 5/2-1005 Motions
Court-wide- Chambers Drop Off • Not Less Than 7 Court Days Prior to Hearing
Communication
Other Contacts4 contacts
Clerk2 contacts
Duty Judge1 contacts
Document Format Requirements2 rules
Proposed orders need to be submitted in single files and cannot be lumped into one attachment.
- Proposed order
Formatting
- •Do not lump proposed orders into one attachment
Jury instructions submitted for remote participation must be clean copies marked to show their source.
- Jury instructions
Formatting
- •Provide clean copies
- •Mark the copies to show the source
Court's wording
Two weeks or so prior to a jury trial, the Court will endeavor to convene a jury trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), (e) clean and marked (showing the source) copies of jury instructions should be presented in person or through mail seven days in advance if participation will be remote (following previous dialogue between and perhaps among the parties and/or their attorneys), and (f) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Document Filing Requirements8 rules
Parties will be required to file an appearance and may be required to file a response (typically, an answer) to the pending complaint, within 14 days.
A remote bench-trial participant must either file proposed exhibits at least one week before the trial with a captioned cover page and the stated notation or upload them through the evidence portal.
- Document
- Proposed exhibit
Must include
- •Caption
Court's wording
A party may participate remotely in a bench trial but any proposed exhibits to be used by any such participant must be (a) filed at least one (1) week prior with a cover page which includes the caption of the case and notation that the attached include proposed exhibit(s) subject to allowance into evidence by the Court, or (b) uploaded through evidence portal at www.22ndcircuitil.gov.
A proposed memorandum of judgment must clearly identify the date and amount of the judgment.
Court's wording
Proposed memoranda of judgments may be submitted to the Court through email to proposedorders@22ndcircuitil.gov after a judgment has been entered and with clear reference to the date and the amount of the judgment.
The cover email should clearly identify when the matter which is the subject of the proposed order, was presented to the Court.
The nature of the stipulation or agreement should be clear from a motion, petition, or stipulation filed in advance of any such emailing; otherwise, the proposed order should clearly include a signature and representation that it should be entered.
Witness lists should be presented at the jury trial conference after being properly filed and served in advance.
Court's wording
Two weeks or so prior to a jury trial, the Court will endeavor to convene a jury trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), (e) clean and marked (showing the source) copies of jury instructions should be presented in person or through mail seven days in advance if participation will be remote (following previous dialogue between and perhaps among the parties and/or their attorneys), and (f) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Witness lists should be presented at the bench trial conference after being properly filed and served in advance.
Court's wording
Two weeks or so prior to a bench trial, the Court may convene a bench trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), and (e) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Notice practice is encouraged, and a request for the listed corrective action must be made through a proposed order that clearly explains the circumstances and is submitted at least three days in advance.
Court's wording
Through notice practice, the Court will act where appropriate, including when (a) a filed proof of service shows a party was not served as required, (b) a party has failed to act as ordered as with a failure to file an appearance or response; and (c) when a matter is addressed to a third party by a judgment creditor where the Court may act to strike or dismiss a matter from a scheduled call, where any such request is made through the Court's receipt of a proposed order which clearly explains the circumstances, and as otherwise allowed above (i.e., at least three-days in advance).
Filing & Service rules
Electronic Filing Rules
A party may participate remotely in a bench trial, but proposed exhibits for remote participants must be filed at least one (1) week prior with the specified cover page or uploaded through the evidence portal.
A party may participate remotely in a bench trial but any proposed exhibits to be used by any such participant must be (a) filed at least one (1) week prior with a cover page which includes the caption of the case and notation that the attached include proposed exhibit(s) subject to allowance into evidence by the Court, or (b) uploaded through evidence portal at www.22ndcircuitil.gov.
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Items that the court will consider must be filed electronically.
Items to be considered by the Court must be e-filed, as suggested above.
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES
Items not submitted electronically may be mailed or delivered only as directed by the court.
Other items may be mailed or delivered to the extent directed by the Court.
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES
After judgment is entered, a party may email a proposed memorandum of judgment to proposedorders@22ndcircuitil.gov.
Proposed memoranda of judgments may be submitted to the Court through email to proposedorders@22ndcircuitil.gov after a judgment has been entered and with clear reference to the date and the amount of the judgment.
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES
Filing Timing and Cure Windows
When directed by the Court after a presentation, a proposed order must be submitted in open court or by email as soon as possible and within three hours.
Following presentation in Courtroom 365, and at the direction of the Court, a proposed order shall be submitted to the Court in open court (preferred) or through email to proposedorders@22ndcircuitl.gov as soon as possible and within three (3) hours of the presentation.
Page 2 | INITIAL PRESENTATIONS / PROPOSED ORDERS
Parties will be required to file an appearance and may be required to file a response (typically, an answer) to the pending complaint, within 14 days.
Parties will be required to file an appearance and may be required to file a response (typically, an answer) to the pending complaint, within 14 days.
Page 3 | SMALL CLAIMS MEDIATION
The filing option for proposed exhibits used by a remote bench-trial participant must be completed at least one week before the trial.
A party may participate remotely in a bench trial but any proposed exhibits to be used by any such participant must be (a) filed at least one (1) week prior with a cover page which includes the caption of the case and notation that the attached include proposed exhibit(s) subject to allowance into evidence by the Court, or (b) uploaded through evidence portal at www.22ndcircuitil.gov.
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When possible, pleadings and other matters should be filed at least seven days before presentation in open court.
To the extent possible, pleadings and other matters to be presented to the Court regarding a case, should be filed at least seven (7) days prior to the presentation of any such item in open court, to afford the Court sufficient opportunity to review the same.
Page 2 | INITIAL PRESENTATIONS / PROPOSED ORDERS
Parties may submit an agreed or stipulated proposed order by email at least three court days before an open-court setting, earlier if possible, or when the matter is not otherwise set.
At least three (3) court days (seventy-two (72) court-day hours) prior to a setting in open court, and earlier if possible, and also when a matter is not otherwise set, all parties in a case may stipulate or otherwise agree to the entry of an Order in a case and email the same to the Court.
Page 3 | INITIAL PRESENTATIONS / PROPOSED ORDERS
Two weeks or so prior to a jury trial, the Court will endeavor to convene a jury trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), (e) clean and marked (showing the source) copies of jury instructions should be presented in person or through mail seven days in advance if participation will be remote (following previous dialogue between and perhaps among the parties and/or their attorneys), and (f) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Two weeks or so prior to a jury trial, the Court will endeavor to convene a jury trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), (e) clean and marked (showing the source) copies of jury instructions should be presented in person or through mail seven days in advance if participation will be remote (following previous dialogue between and perhaps among the parties and/or their attorneys), and (f) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Page 4 | Jury Trials
Service and Proof of Service Rules
Before the court permits alternative service, service through the county sheriff should be attempted and proof of service should be filed.
Under law, the sheriff of the county in which a defendant is to be served is the preferred agent for service; as such, and at least before the Court will allow alternative service through publication, posting, mailing, social media, and/or the like, service through the sheriff should be attempted with proof of service filed.
Page 5 | PROOF OF SERVICE AND ALTERNATE SERVICE
The court email for a proposed order must simultaneously include all other parties through their attorneys, or directly to a self-represented party.
Proposed orders should be emailed to proposedorders@22ndcircuitil.gov, with a simultaneous copy to all other parties through their attorneys if represented or the party if the party is self-represented.
Page 3 | INITIAL PRESENTATIONS / PROPOSED ORDERS
A witness list presented at a jury trial conference must have been properly filed and served in advance.
Two weeks or so prior to a jury trial, the Court will endeavor to convene a jury trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), (e) clean and marked (showing the source) copies of jury instructions should be presented in person or through mail seven days in advance if participation will be remote (following previous dialogue between and perhaps among the parties and/or their attorneys), and (f) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Page 4 | Jury Trials
A witness list presented at a bench trial conference must have been properly filed and served in advance.
Two weeks or so prior to a bench trial, the Court may convene a bench trial conference, at which (a) each party should participate through trial counsel if the party is represented, (b) witness lists should be presented (after being filed and served properly in advance), (c) stipulated exhibits should be presented (requiring previous dialogue between and perhaps among the parties and/or their attorneys), (d) motions addressing the trial should be addressed (and filed and properly served in advance), and (e) all matters pertinent to the trial, such as the need for interpreters, remote participation, technology, etc., should be fully addressed.
Page 4 | Bench Trials
A party should file proof by affidavit or similar means of each service attempt, together with an attached copy of the document served or attempted to be served.
Especially considering the above provisions regarding time standards and alias summonses, proof of each attempt at service through affidavit and the like should be filed, along with a copy of that which was served or attempted to be served attached.
Page 5 | PROOF OF SERVICE AND ALTERNATE SERVICE
Courtesy Copy Requirements
Courtesy copies are not required and should not be delivered to the court unless the court specifically directs otherwise in advance.
Notwithstanding any local rule to the contrary, the Court is not requiring courtesy copies. Courtesy copies should not be mailed or otherwise delivered to the Court, unless specifically directed by the Court in advance.
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES
Adjournment & Extension Requirements
Continuances are disfavored and may be granted only for cause.
Continuances are disfavored and will only be granted for cause.
Page 1 | SCHEDULING / Check www.mchenrycircuitclerk.org
A party seeking a continuance in an arbitration case may be required to show good cause.
For any continuance, good cause may be required to be shown.
Page 5 | Arbitration ("AR") Cases
Continuances are generally disfavored and are considered only for good cause after best efforts.
Continuances and alias summonses are generally disfavored and considered for good cause and following the use of best efforts.
Page 5 | TIME STANDARDS AND ALIAS SUMMONSES
A party seeking a small-claims continuance beyond the referenced periods may be required to show good cause.
For any continuance beyond such periods, good cause may be required to be shown.
Page 5 | Small Claims ("SC") Cases
Chambers Communication Rules
Within 30 days after the required mediation filings, the parties must email the Circuit Mediator to schedule mediation.
Following the required filings and within 30 days, the parties in the case are then required to contact the Circuit Mediator at AXKretowicz@22ndcircuitil.gov to schedule mediation.
Page 3 | SMALL CLAIMS MEDIATION
For an emergency hearing outside the regular schedule, the pleading should be filed and Court Administration should then be called to explain the situation and provide available contact information.
To have a matter heard on an emergency basis – that is, outside the scheduling noted above, the pleading to be presented should be filed, then Court Administration should be called at (815) 334-4385 to explain the situation and to provide the telephone number and email address of each attorney or self-represented litigant in the case, to the extent available.
Page 2 | EMERGENCY MATTERS
Proposed orders may be submitted to the Court by email at the stated address.
Following presentation in Courtroom 365, and at the direction of the Court, a proposed order shall be submitted to the Court in open court (preferred) or through email to proposedorders@22ndcircuitl.gov as soon as possible and within three (3) hours of the presentation.
Page 2 | INITIAL PRESENTATIONS / PROPOSED ORDERS
When the courthouse is closed, the Duty Judge may be contacted through the McHenry County Sheriff at the stated number.
When the courthouse is not open, a Duty Judge can be contacted through the McHenry County Sheriff at (815) 338-2144.
Page 2 | EMERGENCY MATTERS
Proposed orders should be emailed to the court address with a simultaneous copy to all other parties through counsel or directly to a self-represented party.
Proposed orders should be emailed to proposedorders@22ndcircuitil.gov, with a simultaneous copy to all other parties through their attorneys if represented or the party if the party is self-represented.
Page 3 | INITIAL PRESENTATIONS / PROPOSED ORDERS
If a jury-trial matter is resolved or an emergency arises, Court Administration should be contacted as soon as possible at the stated telephone number.
Following the jury trial conference, the Court will expect the trial to proceed as scheduled; if a matter is resolved or if an emergency arises, contact should be made with the Court through Court Administration at (815) 334-4385 as soon as possible.
Page 4 | Jury Trials
The Clerk may be contacted by telephone regarding settings and availability.
Questions on settings and availability may be directed to the Clerk of the Court by telephone at (815) 334-4310.
Page 1 | SCHEDULING / Check www.mchenrycircuitclerk.org
Non-emergency questions about scheduling and filings should be directed to the clerk at (815) 334-4190.
Questions on scheduling and filings (other than emergencies noted above) should be directed to the Clerk at (815) 334-4190
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES
Questions about arbitration hearings should be emailed to AXKretowicz@22ndcircuitil.gov.
questions on arbitration hearings should be directed to the Arbitration Administration at AXKretowicz@22ndcircuitil.gov
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES
Questions about submissions to the court may be directed to the senior case manager at (815) 334-4385.
questions on submissions to the Court may be directed to the Court through the Senior Case Manager in the Office of the Trial Court Administrator at (815) 334-4385.
Page 6 | MISCELLANEOUS / MEMORANDA / COURTESY COPIES / DATES