An Illinois Presentment Order is a court order issued by the Circuit Court of Illinois which requires a defendant to appear in court and answer a civil complaint. This type of order is typically issued in situations where the defendant has failed to appear or respond to the complaint. The court order typically requires the defendant to appear in court for an initial hearing to determine whether the complaint is valid and to decide what action should be taken. There are three types of Illinois Presentment Orders: a summons, a writ of summons, and a summons and complaint. A summons is a notice to the defendant that a complaint has been filed in court. A writ of summons is a court order that requires the defendant to appear in court to answer the complaint. A summons and complaint is a combination of the two, which includes both the notice and the court order.
Illinois Presentment Order
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FAQ
A Petition for Rule to Show Cause may be used by a person who says that another person has not followed a court order or judgment. The petition will: Say which order or judgment has not been followed, and. Explain what the petitioner thinks the other party did or did not do.
An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.
A motion to enforce simply asks for a second order that the party comply with the first order. There is no punishment. No attorney's fees. No jail time.
A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.
You may bring a motion to reconsider within thirty days if the court has made an error in applying the law. Therefore, a motion to reconsider is not a weapon to be used to change the court's mind. It is a tool for the rare instances where new evidence comes to light, the law changes, or the court has made a mistake.
Every motion shall be accompanied by a notice of presentment that shall specify the date and time on which, and judge before whom, the motion is to be presented. All motions shall state with particularity the grounds therefor and the relief requested.
If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.
Criminal contempt of court has a penalty of up to 180 days jail and a maximum fine of $500. Illinois law does not have a statute for contempt of court. Instead, the rules for contempt come from common law.