CHAPTER VI: COURT OF CLAIMS
PART 790 COURT OF CLAIMS REGULATIONS
SECTION 790.40 PROCEDURE
Section 790.40 Procedure
a) Filing. Cases shall be commenced by the filing of a verified complaint with the Clerk of the Court. A party filing a case shall be designated as the claimant, and either the State of Illinois or the appropriate State agency (Section 8(d), Court of Claims Act [705 ILCS 505/8(d)]) shall be designated as the respondent. The Clerk will note on the complaint, and each copy, the date of filing, and deliver one of the copies to the Attorney General or to the legal counsel of the appropriate State agency. Joinder of claimants in one case is permitted, as provided by the Code of Civil Procedure [735 ILCS 5].
b) Attorney of Record. In all cases filed in this Court, all claimants not appearing pro se must be represented of record by a member of the Illinois bar residing in Illinois. However, any attorney in good standing, duly admitted to practice in the state where he resides, may, upon motion, be permitted to appear of record, and represent a claimant. If the name of an attorney, his address, and telephone number appear on a complaint, no written appearance for such attorney need be filed, but withdrawal and substitution of attorneys shall be by written motion, with proof of service upon the claimant, and filed in the case.
c) Complaint-form. The complaint shall be captioned substantially as follows:
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IN THE COURT OF CLAIMS OF THE |
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STATE OF ILLINOIS |
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A.B., ) |
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Claimant |
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vs. |
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$ |
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STATE OF ILLINOIS (or |
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Amount Claimed |
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the appropriate |
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State Agency), |
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Respondent |
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(Source: Amended at 24 Ill. Reg. 8228, effective July 1, 2000)