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Getting Started Motion IMPORTANT: This getting started guide and the instructions are not legal advice. They are only meant to help you learn how to use a Motion form in your case. Your use of these forms does not guarantee you will be successful in court. To learn how to fill out the forms and file them with the court, read the How to File & Send a Motion & Notice of Court Date for Motion instruction sheet and the instructions on the forms. Names of the forms: x x x Motion Order Notice of Court Date for Motion (if needed, read Getting Started Notice of Court Date for Motion) Purpose of the forms: Use these forms when you need to see the judge and ask for something in your case. For example, if you want to change a court date or change a previous order. All civil cases. For example, divorce cases, family cases, eviction cases, small claims cases, lawsuits for injury or property damage, and contract disputes. Types of cases the forms CAN be used for: Types of cases the forms All criminal, traffic, and juvenile justice cases. CANNOT be used for: Special information or papers x You may need a Notice of Court Date for Motion form, needed to complete the forms: but some courts do not require it. x You may need a Proof of Delivery for the Order. x See How to File & Send a Motion & Notice of Court Date for Motion. Rules and statutes covering IL Supreme Court Rules 11, 12, 104, 105, 106, 137, 182, the forms: 184, 191, 192, 274, 287 735 ILCS 5/2-601 et seq Where to find the forms and instruction sheet: For more information: http://www.illinoiscourts.gov/Forms/approved/ Read the How To File & Send a Motion & Notice of Court Date for Motion instruction sheet that comes with these forms. You may also find more information, resources, and the location of your local county self help center at www.illinoislegalaid.org/Motion. MN-G 701.1a Page 1 of 1 (10/15) American LegalNet, Inc. www.FormsWorkFlow.com HOW TO FILE & SEND A MOTION & NOTICE OF COURT DATE FOR MOTION Who can file a Motion? Any person can file a motion who is involved in a court case and wants to see the judge to ask the judge to do something in the case. For example, you might file a motion to: schedule a new court date, ask for more time to move in an eviction, change an earlier order, or to explain why you missed court so you can ask for a new court date. What forms do I need to fill out to file a Motion? o Motion: use this form to explain what you want the judge to do and any reasons why the judge should say yes to your request. o Order: is used by the judge to say if your Motion is granted or denied. o Proof of Delivery: you may need this to show how you delivered a copy of the judge's Order to the parties or their lawyers. o Notice of Court Date for Motion: use this form to schedule the court date when you will see the judge; this is called the hearing date. This form also: x lists the date, time, and place where you will see the judge; x lists the names and addresses of the other parties or the names and addresses of their lawyers; AND x lets the other parties in the case know about the court date. Where can I find the forms I need? You can find the forms at: http://www.illinoiscourts.gov/Forms/approved/. Are there any costs to file a Motion? o Some motions require a filing fee but there are many motions where the filing is free. o The Circuit Clerk will let you know if there is a fee for your Motion. Also, many courts have the court fees listed on their websites. o If you cannot afford to pay the filing fee, you can ask the court to file for free. Fill out the Application for Waiver of Court Fees to ask the court for a fee waiver. This is a separate set of forms you can find at http://www.illinoiscourts.gov/Forms/approved/. What do I do after I fill out my forms? Step 1: File your forms with the Circuit Clerk in the county where the court case is filed. o Make copies of your forms for yourself and each party in the case. o Call the Circuit Clerk and ask how much it will cost to file your forms and the types of payment (cash, check, credit, online) they take. o If you cannot afford the fee, fill out and file an Application for Waiver of Court Fees found at: http://www.illinoiscourts.gov/Forms/approved/. If you already have a fee waiver for this court case, you do not need do this. MN-I 702.2 o o o File your forms with the Circuit Clerk in person. You may be able to file by mail or online depending on the county where the court case is filed. The Circuit Clerk will stamp your forms. This stamp is your proof that the forms were filed with the court. How to File In Person x Go to the courthouse in the county where your court case is filed. x Give the Circuit Clerk your original forms and the copies to stamp. x The Circuit Clerk will keep the original forms and give back your copies. x Pay the filing fee or file your Application for Waiver of Court Fees. How to File By Mail x If you will be asking for a fee waiver, there may be local rules requiring you to file your Application for Waiver of Court Fees in person. Ask the Circuit Clerk if you have to file your Application for Waiver of Court Fees in person. x In Cook County, you must go in person to have your fees waived. x If you do not need to appear in person, mail your original forms including your Application for Waiver of Court Fees and one copy to the Circuit Clerk to stamp. x If you do not need to have your fees waived, mail your original forms and one copy to the Circuit Clerk to stamp. x Include the Letter to the Circuit Clerk found at: http://www.illinoiscourts.gov/Forms/approved/. x Include a self-addressed and stamped envelope for the Circuit Clerk to mail the file stamped copy to you. How to File Online x Check your local Circuit Clerk's website to see if online filing is an option for you at: http://www.ilcourtclerks.org/illinois-court-clerks/. x Follow the instructions for filing online provided by the Circuit Clerk. x Pay the filing fee as instructed online or file your Application for Waiver of Court Fees. x Even if you can file online, you may have to appear in person to apply for a fee waiver. Ask the Circuit Clerk if you have to file your Application for Waiver of Court Fees in person. o o Step 2: Ask for a court date. o Ask the Circuit Clerk if you have to schedule a court date or if one will be scheduled automatically. o If you need to schedule the court date, ask the Circuit Clerk how to do so. The Circuit Clerk may schedule the court date or you may hav