Ill. R. Cir. Ct. McHenry Cnty. 12.04

As amended through September 23, 2024

Rule 12.04 - MOTIONS FOR SUMMARY JUDGEMENT

A.Moving Party. With each motion for summary judgment filed pursuant to 735 ILCS 5/2-1005, the moving party shall serve and file or cause to be received by the Circuit Court Clerk:

1. Any affidavits and other materials referred to in Supreme Court Rule 191,

2. A supporting memorandum of law not exceeding 15 pages,

3. A statement of material facts as to which the moving party contends there is no genuine issue that entitles the moving party to a judgment as a matter of law, and that also include: a description of the parties, and

The statement referred to in three (3) shall consist of short numbered paragraphs, including within each paragraph specific references to affidavits, parts of the record, and other supporting materials relied upon to support the facts set forth in that paragraph. Failure to submit such a statement constitutes grounds for denial or striking of the motion.

If additional material facts are submitted by the opposing party pursuant to section (B) of this rule, the moving party may submit a concise reply in the form prescribed in section (B) for a response. All material facts set forth in the statement filed pursuant to section (B) will be deemed admitted unless controverted by the statement of the moving party.

B.Opposing Party. Each party opposing a motion filed pursuant to 735 ILCS 5/2 1005 as described above shall serve and file or cause to be received by the Circuit Court Clerk:

1. Any affidavits and other materials referred to in Supreme Court Rule 191 ;

2. A supporting memorandum of law not exceeding 15 pages;

3. A concise response to the movant's statement that shall contain:

a. A response to each numbered paragraph in the moving party's statement including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon, and

b. A statement consisting of short numbered paragraphs of any additional facts that require the denial of summary judgment, including references to the affidavits, parts of the record, and other supporting materials relied upon. All material facts set forth in the statement required of the moving party will be deemed to be admitted unless controverted by the statement of the opposing party.

Ill. R. Cir. Ct. McHenry Cnty. 12.04