![]() In the event that any party files a Jury Demand in a Small Claims action, that fact shall be brought to the attention of the Judge presiding by the party filing the demand, and the case shall be reassigned to the Judge handling arbitrations to set a date for Mandatory Arbitration.īack to the Top 3-1.06 Dismissal for Want of ProsecutionĪny Small Claims case which remains inactive for forty-five days may be dismissed for want of prosecution on the Court’s own Motion, without Notice.īack to the Top 3-1.07 Costs in Small Claims No Jury Demand in a Small Claims action shall be allowed unless filed by the Plaintiff at the time the action is commenced or by the Defendant not later than the return date, unless otherwise allowed by the Court. If, with leave of Court, a Motion is scheduled for hearing on the trial date, the parties shall be prepared to proceed to trial immediately after hearing of said Motion.īack to the Top 3-1.05 Referral to Arbitration When a Jury Is Demanded Any Motion shall be noticed for a hearing on a date prior to the trial date. Motions shall be noticed and heard in accordance with Chapter 2, Part 1.00. A Defendant desiring to contest the Plaintiff’s claim must appear in Court on the return date identified on the Summons and a trial date will be set. The Court may in its discretion, require the presentation of evidence and continue the case for prove-up.Ī. Such Judgment may be entered on the return date, or any time thereafter. Upon Motion and without Notice, the Court may enter a Judgment by default against Defendant for the amount claimed plus court costs. If a Defendant, who has been duly served with a Summons, fails to appear on or before the date and time designated as the return date, the Court may take the allegations in the Complaint as admitted by the Defendant. A copy of the Complaint and Small Claims Summons (along with any written instrument required to be attached) shall be served upon each Defendant by any of the methods allowed by law, including certified or registered mail in compliance with Supreme Court Rule 284. ![]() ![]() If the written document is not available to the Plaintiff, an affidavit stating that the written document is unavailable shall be attached to the Complaint.ĭ. If the claim is based on a written document, a copy of the written document must be attached to the original and all copies of the Complaint. The Complaint shall state the amount of and the basis for Plaintiff’s claim, giving dates and relevant facts.Ĭ. Small Claims actions may be commenced by following the directions and completing the Illinois Supreme Court Complaint. All Small Claims forms can be located at B. The Illinois Supreme Court Summons form shall be used in any Small Claims Action. 3-1.05 Referral to Arbitration When a Jury is Demandedģ-1.08 Small Claims Mediation 3-1.01 Forms of Summons & ComplaintĪ.
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