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.

________________

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.

_____________

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.

__________________

 

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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24 Comments »

  1. Is this 30 Court days? Or 30 days period?

    Comment by Jay — December 14, 2015 @ 11:21 am

  2. 30 days period. If the last day falls on weekend or court holiday, you have until the next court day at end of the work day for that court.

    Comment by Linda Shelton — December 16, 2015 @ 11:30 am

  3. Is there any information on how to properly file a Motion to reconsider? I understand these things can be kicked out of court simply for being incomplete.

    Comment by Amber Rose Gallagher — May 11, 2016 @ 12:52 pm

  4. You must thoroughly familiarize yourself with the Illinois Supreme Court Rules on motions. Learning to file in court, write court pleadings, and argue in court is difficult but possible with hard work. No one is going to spoon feed you. Please read the ISCRules at the Illinois Supreme Court web site.

    Comment by Linda Shelton — May 11, 2016 @ 1:30 pm

  5. Thank you for your prompt response. Maybe you didn’t mean to be rude, but its coming across that way after all I’ve dealt with recently. I’ve worked my ass off for YEARS learning a ton about family law and filings and have made huge strides as a Pro Se litigant in my case, including representing myself in a PETITION FOR REMOVAL. There is no expectation for anyone to “spoon-feed” me. However, there is a reason the Administer Justice helps with forms. They have to be precise. I was simply looking for an example to follow or a more clear (non-legal language) version of what to include. Are you an attorney? You sure sound like one.

    Comment by Amber Rose Gallagher — May 11, 2016 @ 1:58 pm

  6. I am not an attorney, but I have been a member of an informal https://prosechicago.wordpress.com club that has helped hundreds of pro se litigants. I am sorry if you consider my response rude. The way you asked your question was similar to the way many people came to us after we led them through the law library and gave them the ISCRs. When I discussed the rules with them, they generally didn’t read them or unfortunately did not have the educational background to read them or understand them. 735 ILCS 5/2-1203 is the law concerning motions to reconsider in IL. The ISCRs 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); then a statement of the facts; then an argument with every 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 issues, 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. Also pro se’s make errors by not backing up each and every statement with facts and authorities (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.

    Comment by Linda Shelton — May 11, 2016 @ 8:02 pm

  7. I had filed an appeal on maintenance modification. Does this appeal stay the enforcement of the order to pay the maintenance. If so how do I get it stopped being taken out of my pension check.

    Comment by Harold Cook — September 15, 2016 @ 10:22 pm

  8. We’re can I find an honest lawyer that would represent me on a contingency basis for violation of my due process of law rights more than likely in federal court especially if you have been dealing with a corrupt state court

    Comment by Harold Cook — September 15, 2016 @ 10:35 pm

  9. Can I have an appeal reinstated after I have filed for it to be dismissed thinking it would interfere with a motion to modify maintenance. If so how many days do I have to do so.

    Comment by Harold Cook — September 15, 2016 @ 10:40 pm

  10. U can quickly file a motion to withdraw your motion

    Comment by Linda Shelton — September 21, 2016 @ 11:56 pm

  11. U should make new motion an ” emergency ” motion explaining it’s emergency to withdraw 1st motion to not waste court time. Can file until decision on first motion issued

    Comment by Linda Shelton — September 21, 2016 @ 11:59 pm

  12. If you go to Federal Court it’s an Appeal. It’s different than Motion to reconsider.

    Comment by Dana Mal — November 19, 2016 @ 11:28 am

  13. In Fed court it is simply called a motion to reconsider, not an appeal. Each level of court has its own rules. 1203 is a statute for local courts in IL. All litigants R responsible to read & understand the rules for that court I.e. Appellate court 1st district rules, Supreme Court rules, Circuit Court of Cook CO rules which can B found on that court’s web site. Also follow state court Statutes and federal court rules as well as state and federal Administrative rules. Rules, statutes, and federal court codes = U.S.C are found on Internet

    Comment by Linda Shelton — November 19, 2016 @ 4:16 pm

  14. A judge temporarily suspended my overnight visitation without prejudice pending a home study, and within that order indicated that I have 28 days to respond to this motion. From what I am reading, Illinois law states that I have 30 days to respond with a motion to vacate or reconsider. I filed on the 29th day and was given a court date.
    Once we appear in court, could the judge throw out my response based on missing the date by 1 day or will the Illinois state law stand?

    Comment by Reema — November 21, 2016 @ 3:31 pm

  15. Illinois law stands. Remember you can’t file on a weekend, so if the 30 days falls on a weekend, you have until the next Monday to file your motion. If the judge refuses to hear the motion, you can file a complaint for mandamus against him.

    Comment by Linda Shelton — November 21, 2016 @ 11:31 pm

  16. Hi Linda, I have an uphill battle proceeding pro se in my very illegal foreclosure case. On December 16, 2016, the court reconsidered my 1301(e) motion and vacated judgment of foreclosure. During the 12/15/2016 hearing, the plaintiff could not overcome my (2) two issues; unclean hands as the plaintiff committed acts of fraud stealing over $40,000 as evidenced in my mortgage payments history. (2) The plaintiff coerced me into foreclosure by increasing my mortgage payments to over double the amount on my 30 year, fixed rate loan informing me that if I could not make the increased payment, they would not accept any more payments from me and foreclose on me anytime they wanted to. The court’s order was strange as it also contained a status hearing on January 3, 2017. On the date of the status hearing, the court informed me that he ruled in my favor because I am disabled. Of course I was shocked. He also gave the plaintiff (3) months extension of time to respond. I should have objected to this extension of time, but this judge has been very prejudiced and biased against me, even vocally. I believe the court abused it’s discretion in allowing the plaintiff this extension of time as the plaintiff has had lots of time to mount a defense prior to the 12/15/2016 hearing. This judge also directed me to find a lawyer by the 7th of February.
    This judge has denied me any extensions of time, but has allowed the plaintiff over (2) years worth of extensions. Seven to be exact. I cannot find any case law on the subject of abuse of discretion in allowing the plaintiff this much time where more than 30 days have elapsed since the court’s order vacating judgment of foreclosure. I know the plaintiff has 30 days to file a motion for rehearing, or an appeal. I have found case law that shows the difference between a default order and a default judgment of which is a final order. The plaintiff gave no reasons for his request for the extension of time. And I can’t find a lawyer anywhere near my area that will take my case. I am stuck. I also know the judge is discriminating against me because of me being disabled. I am stuck.

    Comment by bollivar4 — January 24, 2017 @ 3:47 pm

  17. I filed a motion for reconsideration and won most of my points, now the respondents attorney has filed a motion for reconsideration based on the order from my motion of reconsideration, and is asking for attorney fees, can you ask for attorney fees with a motion of reconsideration

    Comment by Paul Envoy — March 27, 2017 @ 4:44 pm

  18. If you lost any issues he can ask for fees, but you can object vigorously & make counter complaint motion asking for sanctions for frivolous filing wasting court and your time with lost work income etc pointing out you won some points so his filing is malicious etc, but you need to look up case law for criteria on these points. Ask librarian for ICLE summary on sanctions and on requesting attorney fees and on frivolous or harassing filings

    Comment by Linda Shelton — March 29, 2017 @ 10:40 am

  19. bollivar4 I don’t know what to say except even in civil cases, if indigent, a judge has the legal right to appoint an attorney, although he does not have to like in a criminal case, if you are unable to pay. You might simply tell him you have been unable to find a pro bono attorney and request him appoint one as you are disabled and unable to proceed yourself in the interest of justice.

    Comment by Linda Shelton — April 6, 2017 @ 9:26 am

  20. Make sure you contact the court disability coordinator and very specifically give her details about your disability and exactly what you need in terms of accommodation – such as extra time or pro bono services if indigent.

    Comment by Linda Shelton — April 6, 2017 @ 9:28 am

  21. I wish I could help you more, but I am ill, disabled, under siege in criminal court with false charges in retaliation for me helping so many people in the past and trying to sue the state, winning just a few injunctions of minor significance. The courts and judges are simply corrupt and the system is rigged for the rich and corrupt attorneys who bribe the judges by contributing to their election campaign funds.

    Judges get away with abuse of discretion in endless extension of time for their favorite side. All you can do is make motions or offers of proof (essentially a statement putting facts or case law on the record, written like a motion but titled Offer of Proof with exhibits attached – so their is a record for appeal)

    Comment by Linda Shelton — April 6, 2017 @ 9:32 am

  22. You can write a motion to reconsider his extensions of time for lack of a basis in fact as to why needed and say this simply is not fair to let them get away with extensions without basis.

    Comment by Linda Shelton — April 6, 2017 @ 9:34 am

  23. Hello. Our small Illinois S Corporation had a judgment entered against it in a breach of contract case in a small claims court in cook county (we were pro se). This is unfortunate and we do not agree with the decision, but we have no hard proof against the plaintiff, so we will have to bear the loss. The only thing we want to do at this time is to pay the judgment in installments (our taxes show that we did not have any profit in 2016). What is a proper way to approach this? Do I need to discuss this with the plaintiff first (I know for sure they will not agree to this and prefer not to contact them) or can I just go ahead and ask the court to enter an installment order? How should we do that? How many installments is reasonable? Thank you in advance for any answer.

    Comment by Vaiva Meskys — April 12, 2017 @ 3:44 pm

  24. Unfortunately you are asking for legal advice and I do not give legal advice, as that is illegal practice of law without a license. I can tell you my observations as to how procedures are done and I can give reference material. In addition I can talk about my own experience and cases, as well as share my pro se motions with others that they can imitate at their own risk. You are certainly free to write a motion to the court asking for an order allowing installment payments on a specific schedule that you propose and State why you can’t pay it as a lump sum immediately such as some specific hardship or disastrous consequences for the corporation. I have no case law or experience with what you are asking. Perhaps someone else will post a comment about what case law or rules or statutes they used in a case involving this issue and could share their motion with you. Good luck! This is something you may want to look up in the law library as to case law regarding structured settlements and collection of judgement rules and procedures. The law librarians may be able to guide you to reviews on these subject in legal reference books, where they list authorities on these issues.

    Comment by Linda Shelton — April 13, 2017 @ 12:07 am


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