The Basics: Illinois Court System and How to File a Lawsuit

Here’s what to expect if you need to file a lawsuit in Illinois

You need to file a lawsuit in Illinois. Do you know how? Where? What court to file in? These seem like the basics (they are the basics), but they are crucial to the success of your case. Filing in the wrong court or location can cause delays that could result in your case being dismissed, so it’s important to understand the Illinois court system before you file. 

Don’t worry, though—you’re not on your own. A personal injury lawyer is a phone call away and can help if you need guidance through this process. If you have questions or concerns, you can contact a qualified Illinois attorney to make sure your case will be handled properly.

Types of Illinois courts

• First District: Covers only Cook County, which includes Chicago and its surrounding areas. It’s the most populous and busiest district in Illinois.
• Second District: Located in Elgin, this district covers several northern counties outside Cook County, including Lake, McHenry, Kane, DuPage, and others in that region.
• Third District: Located in Ottawa, this district includes several north-central counties like Will, Peoria, LaSalle, Grundy, and others.
• Fourth District: Based in Springfield, it covers much of central Illinois, including Champaign, Sangamon, and surrounding counties.
• Fifth District: This district is based in Mount Vernon and covers the southern part of the state, including Madison, St. Clair, and other surrounding counties.

The Circuit Court (also known as trial court) has 25 judicial circuits. Each has one or more counties, and a Circuit Court judge serves a six-year term. Judges are elected and must receive at least 60% of the vote. The elected Circuit judges appoint associate judges who serve a four-year term.

How a case moves through the Illinois court system

The Circuit Court is the court of original jurisdiction, which means a case enters the court system in this court. If a party appeals the verdict, it progresses to the appellate court. The appellate court will affirm a trial court decision if it finds there was no error in applying the law, or if the error was minimal and did not affect the trial outcome. If there was a substantive error in applying the law, the appellate court may reverse the Circuit Court decision or remand for a new trial. 

The Appellate Court usually has a specific set of circumstances under which it will send a case to the Illinois Supreme Court. Often, it’s related to importance or complexity of the relevant legal issues.

Reasons why an Illinois Appellate Court sends cases to the Supreme Court include:

• Constitutional issues. A case that involves significant questions about the Illinois or U.S. Constitution can be heard by the Illinois Supreme Court. If a case presents a constitutional challenge or the Appellate Court believes it has implications for constitutional interpretation, it may send it to the Supreme Court.
• Conflicting appellate decisions. If the Illinois Appellate Court issues rulings that conflict between districts, the Illinois Supreme Court may review the case to resolve the inconsistency and provide a unified interpretation of the law.
• Public interest and importance. Cases that involve significant public interest, widespread implications, or important legal principles that would benefit from the Supreme Court’s authoritative decision can be accepted for review.
• Appellate court certification. The Illinois Appellate Court can certify a case for direct appeal to the Illinois Supreme Court if it finds that the case meets specific statutory criteria for certification, such as raising questions of broad importance or where immediate resolution is necessary for public policy reasons.
• Death penalty and life sentence cases. Although the Illinois death penalty was abolished in 2011, cases involving severe criminal penalties, such as life sentences or serious felonies, may be directly appealed to the Illinois Supreme Court to ensure thorough review.
• Discretionary appeals. In some instances, the Illinois Supreme Court may use its discretion to review cases if the issues presented are likely to recur, have significant legal importance, or impact the development of Illinois law.

How to file a lawsuit in Illinois

1. Jurisdiction

You need to know whether the case belongs in a state circuit court or federal court. Most personal injury claims, contract disputes and family law matters are filed in state circuit courts. You might need to look into federal court if there’s a federal law issue or if the parties are from different states and the amount of money involved is more than $75,000. 

The lawsuit is filed in the county where the defendant resides or where the incident occurred.

2. Complaint

This is the official document that sets forth your case. It includes the legal basis, facts, and relief or compensation sought. It must include:

• The parties (plaintiff and defendant)
• A summary of the legal claims or causes of action
• A description of the facts that support each claim 
• A specific request for relief or damages (money)

Be sure to check your local court rules for specific Illinois court formatting requirements.

3. Filing

You must file the complaint with the clerk of the court in the appropriate county. Most Illinois courts require e-filing through the eFileIL system. 

You must pay the filing fee; this varies by court and type of case. If you can’t afford the fee, you can apply for a fee waiver by submitting a form that explains your financial circumstances.

4. Serve process on defendant

Service of process is how you deliver the lawsuit to the defendant. They must formally be served with a copy of the complaint and a summons. Typically, this is carried out by the sheriff, a licensed process server, or through certified mail in some cases. 

Once served, the server must file proof of service with the court to document that the defendant received the necessary documents.

5. Response

The defendant usually has 30 days in which to respond after being served. The timing increases to 60 days if they’re outside Illinois. They may respond by answering the complaint, filing a motion to dismiss, or filing another responsive pleading.

6. Pretrial motions and discovery

Discovery is the process by which both parties exchange evidence, take depositions, and gather information. Either party may file a pretrial motion—summary judgment, for example—if they believe there is no genuine dispute of material fact and the case can be decided on law alone.

7. Trial and judgment

If the case does not settle ahead of trial, it will proceed through the trial process. Once each party has had the opportunity to present evidence, the judge or jury issues a verdict. 

After the judgment, either party may file a post-trial motion or appeal the decision if they believe an error was made. You can’t appeal just because you disagree with the outcome; you can appeal if you believe there was a mistake. 

This can be a lengthy and costly process. Each Illinois court has specific rules and requirements for filing, so it’s helpful to consult an Illinois personal injury attorney before filing a lawsuit.