WHAT ABOUT MY COURT CASE?

FREQUENTLY ASKED QUESTIONS

NOTE:  The Frequently Asked Questions below were written to help answer questions we have heard because of the COVID-19 emergency.  It is important to have reliable information when dealing with a public health emergency. However, the situation is changing very rapidly and the information below may not be up-to-date.  Under normal circumstances, many of the answers may be different.  The information that follows is based on Illinois and US laws, regulations, and emergency orders.  This information is intended only to be an overview of your rights.  Since every case is different, you should not rely on this information as a substitute for an attorney.

I’m supposed to go to Court on my case soon.  What should I do?

The Illinois state courthouses have all closed for most court cases, except for emergency matters such as Orders of Protection.  Court dates have been postponed for the time being.  Most courts have postponed cases until May 2020.

The Courts are posting their Administrative Orders on the Illinois Court website.  To find the court Order for you county, check here:  http://www.illinoiscourts.gov/Administrative/covid-19.asp.  There may be more than one Order for your county.  You should also check the your local court’s website for orders that a specific judge may have issued.

When is my next court date? 

If you have a lawyer, your lawyer will let you know when there is a new court date.  Otherwise you should receive a notice in the mail from the Court Clerk’s office with your new court date.

To find out when your next court date will be, you can check the court’s website on www.judici.com.  If your court is not on www.judici.com, then they likely have their own website for court records which you can find by going to their website.  Otherwise, you will need to call the Circuit Court Clerk’s office.

I need to file a for an Order of Protection.  What do I do?

The Courts are open for some emergency cases, and Orders of Protection are considered emergencies.  You should call your local domestic violence provider to find out where you need to go and what you need to do to file for an Order of Protection.  You can also call the Illinois Coalition Against Domestic Violence at 1-877-863-6338.

I have an emergency!  My landlord turned off my water.  What should I do?

Most courts are hearing emergencies by appointment.  You have to file your motion or complaint, and then call the Circuit Court Clerk to ask if a Judge will hear your emergency.  If your landlord tries to illegal evict you without taking you to court first, call Land of Lincoln at 1-877-342-7891.

I have a bankruptcy case in federal court.  Are the federal courts closed too?

Yes, the federal courts in Illinois are closed to the public.  However, they are doing certain court hearings by telephone.

The “341 Meeting of the Creditors” have been postponed by the bankruptcy courts in Central and Southern Illinois.  You should get a notice when the meeting is rescheduled.

To find out more about the bankruptcy court in Southern Illinois (East St. Louis and Benton), click here: http://www.ilsb.uscourts.gov

To find out more about the bankruptcy court in Central Illinois (Peoria, Springfield, and Urbana), click here:

https://www.ilcb.uscourts.gov/news/important-notice-re-bankruptcy-court-operations

I need to file some papers with the Illinois state court.  Can I still do that?

Yes, you can file your papers electronically using the court’s e-file system.  If you have never filed a document by email, you can get information on how to do it here:  https://www.illinoislegalaid.org/legal-information/e-filing-basics

If you have an e-file waiver or you don’t know how to e-file from home, you can call your Circuit Court Clerk’s office to ask if you can mail your papers to them for filing.

I need to file some papers in my federal court case.  Can I still do that?

Yes.  If you are already a registered e-filing user, you can e-file your court papers.  If you have never been registered, you will need to go through the court’s registration procedure before you e-file.  You can also file by mail.  You should contact the Clerk of the Court for more information.

Can anything happen in my case while the courts are closed?

Yes.  Lawyers and self-represented litigants can still do “discovery”.  Discovery is a way for one party to get information and evidence from the other party.  “Requests to Produce Documents” and “Interrogatories” are the most common type of discovery.  There may be other things that can happen in your case, such as filing motions or settlement negotiations.

Are there other legal resources available besides Land of Lincoln?

The Public Interest Law Initiative PILI has set up the COVID-19 Illinois Free Legal Answers Task Force. Illinois Free Legal Answers is a secure website (il.freelegalanswers.org) where low-income Illinoisans can ask a lawyer a question about a civil legal issue.

You can also call or email the Illinois Lawyer Finder Service.  The telephone number is 800-922-8757 and the website is www.isba.org/public/illinoislawyerfinder.

Illinois Legal Aid Online also has a lot of legal information at www.illinoislegalaid.org.

Land of Lincoln Legal Aid

Legal Advice & Referral Center

Phone: (618) 394-7300

1 (877) 342-7891

Rev. 4/1/2020