Illinois Supreme Court issues
temporary order limiting in-person court appearances through change
to fee waivers and summonses to appear
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[September 02, 2020]
The Illinois Supreme Court announced late last week a temporary
order which limits in-person court appearances and promotes remote
court appearances to ensure the health and safety of the public
accessing the court during the COVID-19 pandemic. The order is
effective immediately and until further order of the court.
The temporary order addresses applications for waiver of court fees
and summonses to appear in small claims and consumer cases.
“I would like to thank the Court Operations During COVID-19 Task
Force for suggesting these important changes,” Chief Justice Anne M.
Burke said. “As the pandemic continues, the court will continue to
seek innovative ways to limit in-person court appearances and
promote remote court appearances.”
Applications for Waiver of Court Fees will be e-filed unless the
person is exempt under Supreme Court Rule 9(c). After the court
reviews the Application, the court will enter an order ruling on the
Application on the basis of the information contained in the
Application, without conducting a hearing, unless the court
determines that there is a factual issue regarding the applicant’s
satisfaction of the conditions for a waiver.
“We know that there are a variety of ways that we compel people to
enter the courthouse in person,” said 17th Circuit Chief Judge
Eugene Doherty, Vice Chair of the COVID-19 Task Force. “In light of
our current public health concerns, we need to identify ways to
accomplish the same things without the necessity of a personal
appearance.”
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If there is a factual issue regarding the whether the applicant qualifies for a
waiver, the court will schedule a hearing on the Application by telephone or
video.. If the applicant is denied a fee waiver, the applicant may defer
payment, make installment payments, or make payment upon reasonable terms and
conditions.
Additionally, under the temporary order, summons requiring appearance on a
specified day will only be used in an action for eviction, replevin, or detinue.
Small claims and consumer actions will use a summons requiring each defendant to
file an appearance within 30 days after service. The order specifies language
that must be included in all small claims summons to clarify that the defendant
must file an appearance with the circuit clerk within 30 days after service of
the summons. This will eliminate the requirement of an initial appearance while
ensuring defendants are still required to appear in the matter in which they are
summoned.
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The order also details mandatory language that must be added to the all summons
in civil cases to provide recipients with easy access to important legal
information about representing themselves in court, e-filing, finding free legal
help, and applying for a waiver of court fees.
With this order, the court is responding to the crisis caused by COVID-19 and
its impact on the administration of justice while ensuring the health and safety
of the public.
The order is available on the court website by
clicking here.
[S. Corbin
Admin Assistant to Dir. of Communications] |