Special Routine Motion | Practical Law

Special Routine Motion | Practical Law

Special Routine Motion

Special Routine Motion

Practical Law Glossary Item w-003-2256 (Approx. 4 pages)

Glossary

Special Routine Motion

A term used in the Law Division Motion Section of the Circuit Court of Cook County that refers to three types of motions that the court can consider outside of its regular motion call:
  • Motions for an order of default (with or without a dollar judgment).
  • Motions to withdraw without substitution of counsel.
  • Motions for judgment by confession.
In the Cook County Law Division Motion Section, attorneys do not schedule special routine motions through the circuit court clerk.
With motions for an order of default and motions to withdraw without substitution, moving counsel:
  • Typically do not file the motion papers with the clerk.
  • Select a hearing date allowing for sufficient time for notice under the rules.
  • Include the hearing date and time in the notice of motion (called a "notice of special routine motion").
  • Serve the motion papers on the other parties.
  • Deliver the motion papers to the judge at least five days before the presentment date, along with certain additional required documents.
Counsel should check with the court to determine whether the court prefers the parties to submit the documents by email.
The procedure differs for motions for judgment by confession, where no notice is required but the motion must be filed with the clerk, along with the complaint, the original note, and certain additional required documents (IL Cook County Motion Judges Rule 4.4(d)-(e)). Motions for judgment by confession are e-filed unless an e-filing exemption applies, but counsel do not schedule the motion through the e-filing system.
With all special routine motions, the judge reviews the motion papers on the presentment date (IL Cook County Motion Judges Rule 4.2(f); IL Cook County Motion Judges Rule 4.3(e); IL Cook County Motion Judges Rule 4.4(g)). If all materials are in order and no party objects, the judge signs the order (IL Cook County Motion Judges Rule 4.2(f); IL Cook County Motion Judges Rule 4.3(e); IL Cook County Motion Judges Rule 4.4(g)). If a party objects, no order is entered and the movant must schedule the motion on the court's regular motion call (IL Cook County Motion Judges Rule 4.2(h); IL Cook County Motion Judges Rule 4.3(g)).
A party may not bring a special routine motion in a case that is more than three years old (IL Cook County Motion Judges Rule 4.1).