Pro Se Chicago's Weblog

September 25, 2014

1203 Motions to Reconsider within 30 days of judgment

Filed under: Circuit Court of Cook County, Court Procedure, Motions to Reconsider — Linda Shelton @ 11:12 am

NOTE: 1203 is an Illinois statute about motion to reconsider within 30 days of a court order. It does not apply to an appeal or a federal court. You have to look up each court’s rules and state statutes to find how that level of state or federal court requires certain procedures, deadlines, etc., in regard to motions to reconsider.

In Illinois Motions to Reconsider an order filed within 30 days are called 1203 motions. These motions automatically stay the judgment. However, collateral issues will continue to be heard and ruled upon or issues not appealed can still be continued and enforced.

The Illinois Supreme Court Rules on motions, service of pleadings, etc. are fairly clear. If you don’t understand a particular rule or statute, please feel free to ask and explain what part of it you don’t understand. As you probably know, motions generally start with with a request (NOW COMES John Doe, who respectfully requests XXXXX and in support of states as follows:);then a statement of jurisdiction (This is a 1203 motion XXXXX where John Doe requests the Court to reconsider a motion which ordered XXXX on 1/1/2012.); then a statement of the facts; then an argument with each statement backed up by facts and authorities; then a prayer for relief (this is an end statement such as: Wherefore, John Doe requests the court to reconsider the motion dated 1/1/2012 due to the following reasons XXXX, described in detailed in this motion) See- 735 ILCS 5/2-601-623 REMEMBER – IL is a FACT-PLEADING state. If you don’t know what that means, then ask. That is the main reason motions are dismissed. The federal court is not fact pleading.

NOTE: Also pro se’s make errors by not backing up each and every statement with facts and authorities as required by Illinois Motion Statute (case law, statutes, supreme court rules, administrative rules, etc). Just making a conclusory statement is not enough to back up the reason for making a motion.

735 ILCS 5/2-615. Motions with respect to pleadings. (a) All objections to pleadings shall be raised by motion. The motion shall point out specifically the defects complained of, and shall ask for appropriate relief, such as: that a pleading or portion thereof be stricken because substantially insufficient in law, or that the action be dismissed, or that a pleading be made more definite and certain in a specified particular, or that designated immaterial matter be stricken out, or that necessary parties be added, or that designated misjoined parties be dismissed, and so forth.

(b) If a pleading or a division thereof is objected to by a motion to dismiss or for judgment or to strike out the pleading, because it is substantially insufficient in law, the motion must specify wherein the pleading or division thereof is insufficient.

(c) Upon motions based upon defects in pleadings, substantial defects in prior pleadings may be considered.

(d) After rulings on motions, the court may enter appropriate orders either to permit or require pleading over or amending or to terminate the litigation in whole or in part.

(e) Any party may seasonably move for judgment on the pleadings.

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ISCR -Rule 104. Service of Pleadings and Other Papers; Filing

(a) Delivery of Copy of Complaint. Every copy of a summons used in making service shall have attached thereto a copy of the complaint, which shall be furnished by plaintiff.

(b) Filing of Papers Documents and Proof of Service. Pleadings subsequent to the complaint, written motions, and other papers documents required to be filed shall be filed with the clerk with a certificate of counsel or other proof that copies have been served on all parties [an affidavit] who have appeared and have not theretofore been found by the court to be in default for failure to plead.

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Rule 137. Signing of Pleadings, Motions and Other Documents—Sanctions

(a) Signature requirement/certification. Every pleading, motion and other document of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading, motion, or other document and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.

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Rule 274. Multiple Final Orders and Postjudgment Motion

A party may make only one postjudgment motion [1203 motion to reconsider] directed at a judgment order that is otherwise final. If a final judgment order is modified pursuant to a postjudgment motion, or if a different final judgment or order is subsequently entered, any party affected by the order may make one postjudgment motion directed at the superseding judgment or order. Until disposed, each timely postjudgment motion shall toll the finality and appealability of the judgment or order at which it is directed. The pendency of a Rule 137 claim does not affect the time in which postjudgment motions directed at final underlying judgments or orders must be filed, but may toll the appealability of the judgment under Rule 303(a)(1). A postjudgment motion directed at a final order on a Rule 137 claim is also subject to this rule.

Adopted October 14, 2005.

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The decision of whether to grant a motion to reconsider rests within the discretion of the circuit court and will not be reversed absent an abuse of that discretion. A.M. Realty Western, LLC v. MSMC Realty, LLC, 2012 IL App (1st) 121183, ¶ 38

The purpose of a motion to reconsider is to allow a party to bring to the court’s attention newly discovered evidence, changes in the law, or errors in the court’s previous application of existing law. Compton v. Country Mutual Insurance Co., 382 Ill. App. 3d 323, 331 (2008). [emphasis added]

NOTE: The purpose is not to re-argue what you have already argued. There must be new evidence that previously was not discovered, changes in the law, or errors in the court’s previous application of existing law, including the court mis-quoting a brief or making factual errors in their argument that are contradicted by the brief.

The following is a quote from the Illinois Supreme Court explaining about 1203 motions with citations.

*** the Code of Civil Procedure (735 ILCS 5/2–1203 (West 2006)). Section 2–1203 provides as follows:
“Motions after judgment in non-jury cases. (a) In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any extensions thereof, file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief. (b) A motion filed in apt time stays enforcement of the judgment.” 735 ILCS 5/2–1203 (West 2006).

One purpose of a section 2–1203 postjudgment motion is to alert the circuit court to errors it has made and to afford an opportunity for their correction. See In re Marriage of King, 336 Ill. App. 3d 83, 87 (2002); Federal Kemper Life Assurance Co. v. Eichwedel, 266 Ill. App. 3d 88, 98-99 (1994); Regas v. Associated Radiologists, Ltd., 230 Ill. App. 3d 959, 967 (1992). Another recognized purpose of a section 2–1203 motion is to bring to the court’s attention newly discovered evidence which was not available at the time of trial, changes in the law, or errors in the court’s previous application of existing law. See Korogluyan v. Chicago Title & Trust Co., 213 Ill. App. 3d 622, 627 (1991); Kaiser v. MEPC American Properties, Inc., 164 Ill. App. 3d 978, 987 (1987). Information cognizable under a section 2–1203 motion includes actions taken by other courts. See, e.g., Federal Kemper Life, 266 Ill. App. 3d at 98-99 (affirming circuit court’s grant of section 2–1203 motion to vacate judgment and consolidate action with another case based on being informed of other judge’s rulings). The motion is addressed to the circuit court’s sound discretion. Whether a trial court has abused its discretion turns on whether the court’s refusal to vacate violates the moving party’s right to fundamental justice and manifests an improper application of discretion. See In re Marriage of King, 336 Ill. App. 3d at 87 (and cases cited therein); Federal Kemper Life, 266 Ill. App. 3d at 98-99 (and cases cited therein). Relevant here, section 2–1203 makes no distinction between those judgments entered before an appeal and those entered after an appeal. [(Il. Supreme Ct. 2007)]

THE FOLLOWING IS THE ILLINOIS STATUTE FOR MOTIONS TO RECONSIDER FILED WITHIN 30 DAYS OF THE ORDER:

735 ILCS 5/2-1203. Motions after judgment in non-jury cases. 

(a) In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any extensions thereof, file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief.
(b) Except as provided in subsection (a) of Section 413 of the Illinois Marriage and Dissolution of Marriage Act, a motion filed in apt time stays enforcement of the judgment except that a judgment granting injunctive or declaratory relief shall be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.

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