In Illinois state court (not federal court), I filed a motion for protective order and properly served it upon the opposing party. In an email, the opposing party has already acknowledged their receipt of my motion. However, the opposing party has not filed any response to it and it's been nearly 27 days. How much time does a party have to respond to motion, and is there a particular rule you can point me to that says this? Thank you!
When going to spindle your motion, be sure to have sufficient copies of a "Notice of Motion" which which will state the date and time that you shall be presenting the motion. The Clerk will tell you when the judge hears motions, so be sure to schedule and spindle your motion for a date and time when the judge has time available to hear the motion.
A helpful sample of a Notice of Motion is at the following website for Cook County, but the form is substantially similar in other counties.
http://12.218.239.52/Forms/pdf_files/CCGN003_SAMPLE.pdf
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
A motion does not necessarily invite or require a response. It often depends on the subject of the motion and the desire of the opposing party.
Typically, one files and spindles the motion before the court, at which time both parties appear and the judge decides when it will be heard. Usually, the opposing party asks for time to respond and a "briefing schedule" setting forth the time to respond and the time for the moving party to reply, is set. Some set a status date at which time a hearing date is set, while other judges set a hearing date.
I think if you merely filed a motion but did not spindle it onto the court's call, you'd better do that, or nothing will happen on it.
I agree with the first answer that was provided and wanted to echo that you must "spindle" your motion before anything will happen.
Merely filing a motion in Illinois state court will not do you any good. You must set the motion for a judge on a date certain and provide notice of that date (through a notice of motion). In order to do this, you will need to work with the court clerk. The court clerk should also have a pre-prepared form you can use to accomplish this.
William Harold MazurLandlord / Tenant LawyerChicago, IL ·
Attorney Hoffman is correct. The opposing party is not under an obligation to file a response and unless you have scheduled a hearing on the motion with the court, he/she probably doesn't have much reason to. If it's not already going to be heard by the Court, get it scheduled as soon as possible.
Best of luck.
