The County of DuPage
Wheaton, Illinois
 

Court Rules - Administration of the Court - Clerk of the Circuit Court

I. ADMINISTRATION OF THE COURT

ARTICLE 2: CLERK OF THE CIRCUIT COURT

2.01 OFFICE OF THE CLERK

a)      The Clerk of the Circuit Court shall maintain a principle office at 505 North County Farm Road, Wheaton, Illinois. 

b)      The Office of the Clerk shall be open for business from 8:30 a.m. to 4:30 p.m. of each working day. The Office of the Clerk shall not be open for business on any Saturday or Sunday. The Office of the Clerk shall not be open for business on any day declared by administrative order of this Court to be a legal holiday. 

2.02 FILING OF DOCUMENTS

a)      Any document to be filed in any cause or proceeding may be filed in person, by mail, private messenger, authorized electronic filing service, or parcel delivery service. 

b)      Any document to be filed in any cause or proceeding pending in the Traffic Division may be filed either at 505 North County Farm Road, Wheaton, Illinois, through an authorized electronic filing service, or at the court where the cause or proceeding is pending. 

c)      Pleadings, motions and other documents filed with the Clerk and not served in compliance with Supreme Court Rules 11 and 12 shall be stricken. 

2.03 REMOVAL OF DOCUMENTS FILED

No document filed in this Court shall be removed from the Clerk's office except upon order of court. 

2.04 COPIES OF PAPERS FILED

Upon request and the payment of the appropriate fee, the Clerk shall provide copies of any document filed in this Court unless otherwise specifically ordered. 

2.05 DELIVERY OF FILES TO COURT SECURITY OFFICERS

The Clerk may deliver a file, or any part thereof, in any case to a court security officer upon the order of any judge of this Court. 

2.06 OPENING OF DEPOSITIONS

The Clerk of the Court is hereby authorized to open and file all sealed depositions that are hereafter returned to the Court, unless the Court by order entered in the particular case shall otherwise direct. 

2.07 MAINTAINING DAILY CALL SHEET

The Clerk shall maintain a daily call sheet for each judge showing cases set for hearing and the hour of the day they shall be heard. 

2.08 FILES PRESENT IN COURTROOM

Unless otherwise directed by the judge, the Clerk shall have present in court the files of each case set on the daily call sheet and call such cases for hearing at the times set therein. 

2.09 CUSTODY OF EVIDENCE

a.       The Clerk of the Court shall take custody of all items admitted into evidence by the court at any proceeding, hearing or trial. The Clerk shall preserve, safeguard and account for each piece of admitted evidence until specifically relieved of that duty by court order, and shall bring the evidence back into the courtroom as required by the judge. During times when court is not in session, every effort shall be made by the Clerk to secure all contraband items or items of intrinsic value or danger in a secure safe or a locked storage area, and not entrust them to the possession of another. 

b.      Items in evidence, removed by order of court from the Clerk's custody for any reason, shall be specifically listed in a written order or enumerated orally on the record, and entrusted to a named individual, such as a Deputy Sheriff, Bailiff or attorney. When the need for alternate custody has been concluded, all such items shall be immediately returned to the custody of the Clerk, and the return of each item shall be memorialized by written order or enumerated orally on the record. 

c.       At the conclusion of the case, the Clerk shall retain custody of all items in evidence, preserving, safeguarding and accounting for them until such time as the Clerk may be relieved of custody by order of court. 

d.      Items offered but not accepted into evidence by the court shall be retained by the proffering party, unless ordered to be taken into the custody of the Clerk for purposes of future review. Once taken into custody by the Clerk, they shall be preserved, safeguarded and accounted for in the same manner as items in evidence. 

e.       This rule applies equally to all types of cases heard in the 18th Judicial Circuit. 

2.10 RECORD KEEPING

The Clerk shall assign numbers on all cases filed, in accordance with the Supreme Court Manual on Record Keeping. 

2.11 (RESERVED)

2.12 APPLICATION TO WAIVE COSTS AND FEES 

Forms of Application to waive cost and fees, as provided in Supreme Court Rule 298, shall be as provided by administrative order. 

2.13 NON-WAGE GARNISHMENT

The Clerk of the Circuit Court of DuPage County shall not accept an affidavit for a non-wage garnishment and shall refuse to issue summons in such proceeding based upon a judgment by confession unless such judgment is confirmed after service of process. 

2.14 WAGE DEDUCTION

a.       At the time of the issuance of a Wage Deduction Summons the Circuit Court Clerk shall set a "turnover date" on the calendar of the assigned judge, unless the judgment creditor or the judgment creditor's attorney specifically requests that no "turnover date" be set. The "turnover date" shall be at least twenty-one (21) days from the return date of the summons. 

b.      Where the judgment creditor or the attorney for the judgment creditor waives the setting of a "turnover date" at the time of the issuance of the Wage Deduction Summons, the judgment creditor or attorney for the judgment creditor must thereafter send Notice of Motion to the judgment debtor and the employer of the date for entry of a turnover order. 

c.       Upon the filing of a Notice of Motion for a Wage Deduction Exemption Hearing by the judgment debtor, the Circuit Clerk shall assign a hearing date to coincide with the "turnover date" previously set. In the event no "turnover date" has been set, the Circuit Clerk shall assign a hearing date not less than twenty-one (21) days from the return date of the summons. 

d.      It shall be the responsibility of the judgment debtor or the attorney for the judgment debtor to send notice of the hearing to the judgment creditor, attorney for the judgment creditor and the employer. Failure of the judgment creditor to appear will result in dismissal of the garnishment proceeding. 

e.       When an employer seeks to vacate a conditional judgment, the employer must file an answer at the time the motion to vacate is filed, and must send Notice of Motion, together with an answer and motion to vacate, to the judgment creditor or attorney for the judgment creditor and the judgment debtor. 

f.       Approved forms shall be available at the office of the Circuit Clerk. 

2.15 NOTICE OF APPEAL

Upon the filing of a Notice of Appeal in any matter, the Clerk of the Court shall immediately deliver a copy of said Notice to the Administrator of Court Reporters. 

2.16 TRANSFERRED CASES

Any case received by the Clerk of the Court as a result of a transfer from another county will be assigned a case number. The records of the Clerk of the Court shall reflect that file as a transferred case, reflect if a jury trial demand has been filed, and shall separately list all documents transferred within that file. In addition, the Clerk of the Court shall set a status date approximately sixty days from the date of receipt of the file in the courtroom to which the case is assigned. The Clerk shall send notice to all parties who have appeared of that status date. 

a)      2.17 CLERK TO PREPARE PRE-PRINTED APPROVED FORMS 

a.       It shall be the duty of the Clerk to make available to the public, free of charge, pre-printed forms or electronic templates as indicated throughout these Rules. 

b.      Pre-printed forms or electronic templates must be approved by the Chief Judge, prior to distribution. 

c.       Revisions and modifications to existing pre-printed forms or electronic templates must be approved by the Chief Judge, prior to implementation of the change.