Regular Motion | Practical Law

Regular Motion | Practical Law

Regular Motion

Regular Motion

Practical Law Glossary Item w-003-2955 (Approx. 3 pages)

Glossary

Regular Motion

A term used in Illinois circuit court civil litigation referring to any nonemergency motion that requires a hearing, such as motions directed to pleadings, summary judgment motions, and discovery motions. Counsel bring these motions on the court's regularly-scheduled motion call, as opposed to its emergency motion call. Regular motions are distinct from routine motions and special routine motions. Most of the motions that parties bring in Illinois circuit court civil litigation are regular motions.
In Cook County, unless an e-filing exemption applies, counsel file regular motions electronically and schedule motions through the electronic filing service provider (EFSP) at the time of filing (some judges may require counsel to contact the judge's clerk by email or telephone to schedule the motion). The EFSP electronically serves the motion papers on all registered users who are parties to the case. When the clerk approves the filing, the movant receives file-stamped copies of the motion papers from the clerk by email. The movant must serve the motion papers on any nonregistered parties, such as self-represented litigants.
The parties affected by a regular motion must appear in court on the date and time specified in the notice of motion. This is called the presentment date. On the presentment date, the judge usually either:
  • Rules on the motion if it does not require briefing or extensive argument.
  • Sets the motion for further briefing and schedules a contested hearing to be held at a later date.