Rule 10.15 - MOTION PRACTICEA. All pre-trial motions including, but not limited to, motions brought pursuant to Illinois Compiled Statutes, Chapter 725, Article 144 or Article 115-10 of the Code of Criminal Procedure shall be filed within the time fixed by the court. In the absence of an order setting dates, all motions shall be filed and brought to the attention of the court not less than 28 days before the date the case is set to commence.B. Time of Notice. Pursuant to rule, court order or administrative order:C. If notice of filing is given by personal service, the notice and motion shall be delivered before 4:00 p.m. on the second day preceding the hearing of the motion.D. If notice of filing is given by mail, the notice and motion shall be deposited in the United States Post Office or Post Office deposit box on the fifth (5th) day preceding the hearing of the motion, excluding Saturdays, Sundays and Holidays.E. If notice of filing is given by facsimile transmission, the notice and motion must be transmitted not less than 48 hours preceding the hearing of the motion, excluding Saturdays, Sundays and Holidays.F. A defendant shall be present in open court upon the hearing of any motion in the case unless his presence is waived by the court for good cause shown.G. Briefing of motions shall be within the discretion of the judge assigned to the case. In no event shall a brief on a motion be submitted in excess of ten (10) pages without the court's permission. All briefs and memoranda of law shall identify the submitting party in the heading following the caption of the case. All briefs and legal memoranda presented to the court shall not be filed in the court file nor made a part of the record for appeal. Such briefs and memoranda may be delivered to the judge through the Clerk of the Court, and the court clerk shall stamp copies for the attorneys to show it was "received that date" with a stamp using the following words: RECEIVED
McHENRY COUNTY, ILLINOIS
(DATE)
(NAME)
Clerk of the Circuit Court
The clerk shall not file briefs and memoranda. Briefs and memoranda of law for the court shall not include any other motions or legal pleadings.
H. Courtesy copies of briefs or contested motions along with supporting legal authority may be submitted to the court through delivery to the Court Administrator's Office concurrent with the filing and similar delivery to opposing counsel. All parties shall submit to the court courtesy copies of briefs and other materials necessary for decision within five (5) days prior to the hearing. Any transmittal letters should be limited to the fact of the transmittal only and opposing counsel shall be notified of the transmittal letter contemporaneously.Ill. R. Cir. Ct. McHenry Cnty. 10.15