Ill. Admin. Code tit. 74 § 790.200

Current through Register Vol. 48, No. 45, November 8, 2024

Section 790.200 - Motions

a) General. All motions and objections shall comply with Section 790.30 of this Part.

b) Motions. All motions shall be in writing. Four copies of all motions, and suggestions in support of the motion, shall be filed with the Clerk of the Court and the assigned Commissioner, together with proof of service upon counsel for the other party. When the motion is based upon matter that does not appear of record, it shall be supported by an affidavit. A copy of the motion, suggestions in support of the motion, and affidavit, if any, shall be served upon counsel for the opposing party at the time the motion is filed with the Clerk.

c) Objections. Objections to motions, and suggestions in support of the objection, must be in writing and filed within 21 days after the filing of the original motion. Upon the filing, within 21 days after the filing of the motion, of a request for an extension of time supported by an affidavit that an objection will be filed within the extended time, the time shall be automatically extended for an additional 21 days. No other extensions will be allowed except in compelling circumstances. Four copies of all objections to motions shall be filed with the Clerk of the Court, together with proof of service upon counsel for the other party. When motions are filed by either the claimant or the respondent, the moving party shall also submit a proposed order.

d) Rulings by Commissioners. After a cause has been assigned to a Commissioner, all motions during the course of the hearings, except motions to dismiss, motions for summary judgment, or other dispositive motions, may be determined by the Commissioner. The Commissioner shall cause to be filed with the Clerk of the Court any order so issued.

e) Oral argument on motions. There shall be no oral argument on motions or objections to motions, except on motions where, in the Court's discretion, oral arguments thereon would be of value to the Court.

Ill. Admin. Code tit. 74, § 790.200

Amended at 24 Ill. Reg. 8228, effective July 1, 2000

Amended at 40 Ill. Reg. 7314, effective 4/29/2016