AUTHORITY: Authorized by Section 9A and implementing the Court of Claims Act [705 ILCS 505].

SOURCE: Rules of the Court of Claims, filed and effective July 1, 1975; codified at 6 Ill. Reg. 2111; recodified at 6 Ill. Reg. 2594; amended at 24 Ill. Reg. 8228, effective July 1, 2000; amended at 32 Ill. Reg. 12315, effective July 18, 2008; amended at 40 Ill. Reg. 7314, effective April 29, 2016; emergency amendment at 44 Ill. Reg. 5815, effective March 20, 2020, for a maximum of 150 days; emergency expired August 16, 2020; amended at 44 Ill. Reg. 16482, effective September 25, 2020.

SUBPART A: COURT OF CLAIMS RULES

 

Section 790.10  Terms of Court

 

The Court shall hold sessions at such places as it deems necessary to expedite the business of the Court. [ 705 ILCS 505/6]

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.20  Pleadings and Practice

 

Except as otherwise provided by this Part or by the Court of Claims Act [705 ILCS 505], pleadings and practice shall follow the Civil Practice Law [735 ILCS 5/Art II] and the Rules of the Supreme Court of Illinois.

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.25  Rule References

 

Sections in this Part may be referred to as Rules.  For example, Section 790.10 may be referred to as Rule 10, Section 790.20 may be referred to as Rule 20, and so on.

 

(Source:  Added at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.30  Pleadings – Forms

 

Four copies of all pleadings shall be filed with the office of the Clerk. The pleadings shall be produced on good white paper by a typing, printing, duplicating or copying process that provides a clear image. If photocopies are used, the original must also be filed. In order that the files of the Clerk's office may be kept under the system commonly known as "flat filing", all papers presented to the Clerk shall be flat and unfolded. Such papers need not have a cover.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

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.  Permission for an out-of-state attorney to appear will require compliance with Supreme Court Rules 707, 718 and 756, governing out-of-state attorneys' authorization to practice.  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:

 

IN THE COURT OF CLAIMS OF THE
STATE OF ILLINOIS
A.B., )			)
		Claimant	)
	vs.		)	No.
			)	$
STATE OF ILLINOIS (or			)			Amount Claimed
the appropriate			)
State Agency),			)
			)
		Respondent	)

 

d)         Pursuant to the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038, the statute of limitations for filing claims in the Illinois Court of Claims, as referenced in 705 ILCS 22, and the Notice provision of 705 ILCS 22-1 is tolled for the pendency of this disaster and for a period of 30 days thereafter. 

 

(Source:  Amended at 44 Ill. Reg. 16482, effective September 25, 2020)

 

Section 790.50  Complaint-Required Provisions

 

a)         General. A complaint shall be verified by the Claimant or counsel and must set forth fully in the following order:

 

1)         Nature of the Claim.  A statement of the nature of the claim, its basis (tort, contract, etc.) and each State officer or agency that is alleged to be responsible, in whole or in part, for the liability asserted in the claim; if the claim is against a State employee, the basis upon which liability is claimed against the State must be specifically stated;

 

2)         Jurisdiction.  The Section of the Court of Claims Act under which jurisdiction is asserted;

 

3)         Fact Allegations. All allegations of fact required to set forth the claimant's cause of action;

 

4)         History of Claim.  Whether the claim has been presented to any State department or officer, or has been the subject of administrative proceedings, and if so:

 

A)        when and to whom or which administrative body the claim was presented;

 

B)        the action taken on behalf of the claim by the State or the appropriate State agency or officer and by each administrative body that has considered the claim;

 

5)         Ownership.  What persons are owners of the claim or interested therein, and when and upon what consideration such persons became interested;

 

6)         Assignments.  That no assignment or transfer of the claim, or any part thereof or interest therein, has been made except as stated in the complaint;

 

7)         Entitlement.  That claimant is justly entitled to the amount claimed from the State of Illinois or the appropriate State agency after allowing all just credits;

 

8)         Verification. That the facts stated in the complaint are true;

 

9)         Whether this claim or any other claim arising out of the same occurrence (against any person, firm or governmental agency other than the State of Illinois or any of its officers or agencies) has been previously presented to any person, firm, court or administrative tribunal other than the State of Illinois, and, if so:

 

A)        when, to whom, and what action was taken by each person, firm, court or administrative tribunal; and

 

B)        what payments or other considerations, if any, have been received. Claimant must file with the Clerk of the Court copies of all instruments evidencing such payment or consideration;

 

10)       Status of Respondent.  If a State officer or agency or department of the State is sued in a capacity as holder, administrator or trustee of a fund, or as executor or administrator of a trust or estate, or as a guardian, conservator or any similar capacity, the complaint shall identify:

 

A)        the fund, estate, trust or other entity involved;

 

B)        the statute or principle of law governing the creation of the fund or other entity; and

 

C)        any instrument or order of court or administrative or governmental agency creating such capacity or fund or entity;

 

11)       Damages. A bill of particulars, stating in detail each item of damages, and the amount claimed;

 

12)       If the claimant is an executor, administrator, guardian or other representative appointed by a judicial tribunal, a duly certified copy of the record of appointment must be filed with the complaint.

 

b)         Personal injuries. Where a complaint alleges damages as a result of personal injuries, claimant shall:

 

1)         Attach to the complaint, as a separate item, copies of the notices served as required by Sec. 22-1 of the Court of Claims Act [705 ILCS 505/22-1], showing how and when the notices were served.

 

2)         Include with the bill of particulars, as required by subsection(a)(11), the names and addresses of all persons providing medical services; if hospitalized, name of hospital and dates of hospitalization; name of claimant's employer, place of employment, and dates of time lost, if any.

 

c)         Contracts. If the claimant bases the complaint upon a contract, or other instrument in writing, a copy shall be attached for reference.

 

d)         Lapsed appropriations. All claims for services or materials furnished to the State of Illinois, payment of which has been denied solely because of a lapsed appropriation, shall be filed with the Clerk of the Court of Claims in the following manner:

 

1)         Claims shall be initiated by filing with the Clerk of the Court of Claims 4 copies of a verified lapsed appropriation claim form (available upon request from the Clerk's office) or a facsimile.

 

2)         Respondent shall confirm or deny that such sum of money or any sum of money is due the claimant.

 

3)         Claims against no more than one department or State agency shall be included in each complaint.

 

4)         Claimant's name and address, or that of his or her attorney, shall appear at the bottom of the complaint.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.55  Discovery

 

Discovery shall be conducted in accordance with the Civil Practice Law [735 ILCS 5/Art. II] and the Rules of the Supreme Court of Illinois, except as follows:

 

a)         Discovery requests and responses to discovery requests, including interrogatories and requests for production of documents, shall not be filed with the Clerk of the Court unless ordered by the Court, a Judge thereof, or a Commissioner.  Requests for admission and the responses thereto shall be filed with the Clerk of the Court.

 

b)         For claims involving property of inmates incarcerated in Illinois Department of Corrections facilities:

 

1)         The respondent shall forward to the claimant, or, if claimant is represented, claimant's attorney, copies of the following documents in the possession or control of the Department of Corrections within 120 days after the filing of the complaint.  The complaint is not deemed filed during the pendency of a petition for leave to proceed in forma pauperis.

 

A)        Grievances and appeals of grievances pertaining to the property in question filed by the claimant, and all responses thereto.

 

B)        Any personal property inventory sheets and property permits or contracts that tend to prove or disprove ownership of the property in question.

 

C)        Incident reports, disciplinary reports, and "shakedown" receipts relevant to the subject of the claim.

 

2)         The deadline for forwarding these documents to claimant is tolled during the consideration of a motion to dismiss or any other motion the granting of which would dispose of the case.  No other discovery is permitted in these claims except by order of the Court, a Judge thereof, or a Commissioner.

 

c)         For claims involving personal injury of inmates while incarcerated in Illinois Department of Corrections facilities:

 

1)         The respondent shall forward to claimant or, if claimant is represented, claimant's attorney, copies of the following documents in the possession or control of the Department of Corrections within 120 days after the filing of the complaint:

 

A)        Grievances and appeals of grievances pertaining to the injuries in question filed by the claimant, and all responses thereto.

 

B)        All medical records relevant to the subject of the claim.

 

C)        Incident reports relevant to the subject of the claim.

 

2)         The deadline for forwarding these documents to claimant is tolled during the consideration of a motion to dismiss or any other motion the granting of which would dispose of the case.  No other discovery is permitted in these claims except by order of the Court, a Judge thereof, or a Commissioner.

 

d)         When complying with the provisions of this Section, the respondent may redact any information including, but not limited to, confidential information such as social security numbers, home telephone numbers, home addresses, and information the disclosure of which would be violative of federal or State law. In the event any information is redacted by the respondent, the respondent shall, in writing, state the reason for the redaction, and forward the statement to the claimant or his attorney within the time allowed in this Section, or any extension authorized under subsection (f).

 

e)         In the event that the claimant disputes the propriety of redaction of any information, the Court, a Judge thereof, or a Commissioner shall be empowered to examine the material in camera and to enter an order requiring the respondent to forward the redacted material to the claimant or his attorney.

 

f)         The Court, a Judge thereof, or a Commissioner may extend the time for compliance with the provisions of this Section.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.60  Exhaustion of Remedies

 

As required by Section 25 of the Court of Claims Act [705 ILCS 505/25], the claimant shall, before seeking final determination of his claim before the Court of Claims, exhaust all other remedies, whether administrative, legal or equitable, against all other sources of recovery for the injury or damages sought to be recovered by the claim, provided that no frivolous or unreasonable action is required to be brought against any third party in order to comply with this exhaustion of remedies requirement.

 

a)         General continuance. Any complaint filed or pending in the Court of Claims shall be continued generally subject to the provisions of Section 790.70 of this Part, until the final disposition of all other claims or proceedings arising from the same occurrence or transaction. Claims continued generally shall not proceed to evidentiary hearing, but, upon order of the Court, a Judge thereof, or a Commissioner, discovery may proceed as permitted by Section 790.55 of this Part.  (A general continuance granted by this Court is not to be construed as an opinion on the question of jurisdiction in any other court or tribunal.)

 

b)         Subsequent action or claim. If the claimant shall, subsequent to the filing of a complaint in the Court of Claims, commence a proceeding in another tribunal, or present a claim to any other person or corporation (e.g., insurance carrier, governmental body, etc.) for damages arising out of the same occurrence or transaction, the claimant shall immediately advise the Court of Claims in writing as to when, where and to whom such claim was presented or proceeding commenced.

 

c)         Action against State employees. Failure to file or pursue suits against State employees acting within the scope of their employment shall not be a defense to the respondent.

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.70  General Continuance – Status Report

 

When a cause of action has been continued generally the claimant shall file annually, between April 1 and May 31, a notice in duplicate, with the Clerk of the Court of Claims, advising the Court of the following:

 

a)         The status of the action giving rise to the continuance.

 

b)         Whether the claim in the Court of Claims should be further continued, placed back on the active calendar or dismissed.

 

c)         If said action has been disposed of, the date and result of said disposition must be filed within 30 days thereafter, and the Court be advised as to whether the claim should be placed back on the active calendar or dismissed.

 

Section 790.80  Death of Claimant

 

If the claimant dies pending the suit, the death must be suggested on the record, and the legal representative upon filing a duly certified copy of the record of appointment as executor or administrator, may be admitted to prosecute the suit by special leave of the Court. It is the duty of the claimant's attorney to notify the Court of the death of the claimant when the fact first becomes known to him.

 

Section 790.90  Dismissal

 

Failure to comply with the provisions of Section 790.50, 790.60, 790.70 or 790.80 of this Part shall be grounds for dismissal.

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.100  Answer by Respondent

 

The respondent shall answer within 60 days after the filing of the complaint, and the claimant may reply within 30 days after the filing of that answer, unless the time for pleadings is extended pursuant to Section 790.55(f); provided however, if the respondent fails to answer, a general denial of the facts set forth in the complaint shall be considered as filed, except as otherwise provided in this Section. Respondent, upon good cause shown, may thereafter, by leave of Court, be permitted to file affirmative pleadings.  The Court, a Judge thereof, or a Commissioner may order the respondent to file an answer.  Failure to file an answer shall subject the respondent to being held in default and debarred from filing any other pleading or maintaining any defense.

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.110  Hearings – Assignments and Continuances

 

The Court shall assign the case to a Commissioner who, within a reasonable time, shall set the time and place for hearing, and notify opposing counsel in writing. No continuances shall be granted by the Commissioner except upon good cause shown, supported by affidavit.   Any communications between the Commissioner and the Court are deemed  preliminary and confidential.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.120  Transcript of Evidence

 

a)         Filing. All evidence shall be taken in writing in the manner in which depositions in civil actions are usually taken. When the evidence is taken, and the proofs in a case are closed, the evidence shall be transcribed, and the transcript shall be filed by the court reporter with the clerk within 30 days after the completion of the hearing.

 

b)         Form. The format of the transcript of evidence shall conform to that of court reporters as nearly as practicable. Double spacing shall be used for each question and answer. Letter or legal size paper shall be used, and margins shall be of suitable size.

 

c)         Index – witnesses. An index identifying the names of the witnesses shall be included in the transcript of evidence. The index shall further disclose the pages on which the testimony of each witness appears.

 

d)         Index – exhibits. An index identifying exhibits and reflecting the pages on which the exhibits are marked for identification shall be included in the transcript of evidence. The index shall further disclose the pages on which the exhibits are admitted into evidence or whereon admission thereof is denied.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.130  Costs of Evidence

 

All costs and expenses of taking evidence required by the claimant shall be borne by the claimant, and the costs and expenses of taking evidence required by the respondent shall be borne by the respondent.

 

Section 790.140  Departmental Records and Reports – Prima Facie Evidence

 

All records and files maintained in the regular course of business by any department, commission, board, agency or authority of the State of Illinois, and all departmental reports made by any officer thereof relating to any matter or case pending before the Court shall be prima facie evidence of the facts set forth therein; provided, a copy thereof shall have been first duly mailed or delivered by the Attorney General or the legal counsel of the appropriate State agency to the claimant, or his attorney of record, and 2 copies filed with the Clerk.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.150  Medical Examination of Claimant

 

a)         Court order. In any case in which the physical condition of a claimant or claimants is in controversy, the Court may order claimant(s) to submit to a physical examination by a physician. The order may be made by the Court on its own motion or on motion for good cause shown, and upon notice to the claimant to be examined, or to his attorney, and to all other claimants, or to their attorneys, if any. Said notice shall specify the time, place, manner, conditions and scope of the examination, and the person or persons by whom it is to be made.

 

b)         Physician's report. If requested by the claimant examined, respondent shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. After such request and delivery to the claimant of such detailed written report, respondent shall be entitled, upon request, to receive from the claimant examined a like report of any examination previously or thereafter made of the same physical condition. If the claimant examined refuses to deliver such report or reports, the Court, on motion and notice, may enter an order requiring delivery on such terms as are just, and, if a physician fails or refuses to make such a report, the testimony of such physician may be excluded, if offered at the hearing of the case.

 

Section 790.155  Subpoenas

 

a)         The Court may issue subpoenas through the Chief Justice or one of its Judges or Commissioners to require attendance of witnesses for the purpose of testifying before it, any Judge of the Court, any notary public, or any of its Commissioners, and to require the production of any books, records, papers or documents that may be material or relevant as evidence in any matter pending before it.  If any person refuses to comply with any subpoenas issued in the name of the Chief Justice, or one of the Judges or Commissioners, attested to by the Clerk, with the seal of the Court attached, and served upon the person named in the subpoena, as a summons in a civil action is served, the circuit court of the proper county, on application of the party at whose instance the subpoena was issued, shall compel obedience by attachment proceedings, as for contempt, as in a case of a disobedience of the requirements of a subpoena from the circuit  court on a refusal to testify.

 

b)         The Clerk of the Court of Claims, when an action is pending, shall, from time to time, issue subpoenas on behalf of the Chief Justice, the Judges or Commissioners, for those witnesses and to those counties in the States as may be required by the attorneys or either party.

 

c)         Every subpoena shall:

 

1)         state that it is issued by the Court of Claims; and

 

2)         state the title of the action and its civil action number; and

 

3)         command each person to whom it is directed to attend and give testimony or to produce or permit inspection and copying of designated books, documents or tangible things in the possession, custody or control of that person.  A command to produce evidence shall be joined with a command to appear at trial or hearing or at deposition.

 

d)         The Clerk may issue subpoenas on behalf of a party requesting issuance provided that there is a valid request to the Clerk indicating the information to be subpoenaed.  An attorney of record may also issue and sign a subpoena on a form provided by the Clerk.

 

e)         Prior notice of any subpoena for production of documents and things before trial shall be served on each party by mailing or delivering written notice to the other parties to the action, or their attorneys, at the last known address of the attorney or party, with proof of service filed with the Clerk.

 

f)         A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to a subpoena.  The Court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, including being held in default, debarred from filing any other pleading or maintaining any claim or defense.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.160  Excerpts from the Record

 

In all cases where the transcript of the evidence exceeds 100 pages, the Court, a Judge thereof, or a Commissioner may order that the claimant file 6 copies of excerpts from the record, which shall contain the parts of the record deemed essential for the Judges to read in order to decide the issues presented. The excerpts shall refer to the pages of the record by numerals on the margin. This document (entitled Excerpts from the Record), which is to be filed with claimant's brief, is in lieu of the abstract formerly required, and shall be prepared in conformity with Supreme Court Rule 342 to the extent that rule may be applicable.

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.170  Briefs

 

The Court, a Judge thereof, or a Commissioner may order the filing of briefs in a case where the filing of briefs may enlighten the Court.  If so ordered, each party shall file with the Clerk 2 copies of a typewritten or printed brief setting forth the points of law upon which reliance is had, with reference made to the authorities sustaining their contentions. Citation of numerous authorities in support of the same point is not favored. Accompanying the briefs, there shall be a statement of the facts and an argument in support of the briefs. Wherever facts from the record are restated, there shall be a reference to the pages of the record and not to the pages of the excerpts.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.180  Excerpts and Briefs – Time for Filing

 

The excerpts, if any, brief and argument of the claimant must be filed with the Clerk on or before the date ordered by the Court, a Judge thereof, or a Commissioner. The respondent shall file its excerpts, if any, brief and argument not later than the date ordered by the Court, a Judge thereof, or a Commissioner. Claimant may file a reply brief no later than the date ordered by the Court, a Judge thereof, or a Commissioner. Upon good cause shown, further time to file the abstract or briefs of either party may, upon notice to the other party, be granted by the Commissioner.

 

(Source:  Amended at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.190  Extension of Time

 

Where a case has been assigned to a Commissioner, either party, upon notice to the other party, may make application to the Commissioner for an extension of time within which to file any pleadings, documents, abstracts or briefs. A party filing such a motion shall submit therewith 3 copies of a proposed order. In all other cases such application for extension of time shall be made to the Court.

 

Section 790.200  Motions

 

a)         General. All motions and objections shall comply with Section 790.30 of this Part.

 

b)         Motions. All motions shall be in writing. Four copies of all motions, and suggestions in support of the motion, shall be filed with the Clerk of the Court and the assigned Commissioner, together with proof of service upon counsel for the other party. When the motion is based upon matter that does not appear of record, it shall be supported by an affidavit. A copy of the motion, suggestions in support of the motion, and affidavit, if any, shall be served upon counsel for the opposing party at the time the motion is filed with the Clerk.

 

c)         Objections. Objections to motions, and suggestions in support of the objection, must be in writing and filed within 21 days after the filing of the original motion. Upon the filing, within 21 days after the filing of the motion, of a request for an extension of time supported by an affidavit that an objection will be filed within the extended time, the time shall be automatically extended for an additional 21 days.  No other extensions will be allowed except in compelling circumstances. Four copies of all objections to motions shall be filed with the Clerk of the Court, together with proof of service upon counsel for the other party. When motions are filed by either the claimant or the respondent, the moving party shall also submit a proposed order.

 

d)         Rulings by Commissioners. After a cause has been assigned to a Commissioner, all motions during the course of the hearings, except motions to dismiss, motions for summary judgment, or other dispositive motions, may be determined by the Commissioner. The Commissioner shall cause to be filed with the Clerk of the Court any order so issued.

 

e)         Oral argument on motions. There shall be no oral argument on motions or objections to motions, except on motions where, in the Court's discretion, oral arguments thereon would be of value to the Court.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.210  Oral Argument of Case

 

Oral argument on a matter before the Court, including a petition for rehearing, will be permitted only when ordered by the Court.   Oral argument may be granted in the discretion of the Court upon request of a party or by Court order.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.220  Rehearing or New Trial

 

A party desiring a rehearing or new trial in any case shall, within 30 days after the filing of the opinion or order, file with the Clerk 4 copies of the petition for rehearing. The petition shall state briefly the points supposed to have been overlooked or misapprehended by the Court, with authorities and suggestions concisely stated in support of the points. A copy of the petition shall be served on counsel for the other party and proof of service shall be shown in the petition. Any petition violating this Section will be stricken.  The opposite party shall have 20 days from the date of filing of the petition for rehearing to answer the petition, and the petitioner shall have 10 days thereafter within which to file a reply.  The granting of a petition for rehearing can result in such relief as the Court deems appropriate.  Neither the claimant, nor the respondent, shall be permitted to file more than one application or petition for rehearing.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.230  Rehearing – Procedure (Repealed)

 

(Source:  Repealed at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.240  New Trial (Repealed)

 

(Source:  Repealed at 24 Ill. Reg. 8228, effective July 1, 2000)

 

Section 790.250  Records – Calendar

 

Records. The Clerk shall record all orders of the Court, including the final disposition of cases.  The Clerk shall keep all required dockets in which shall be entered all claims filed, together with their number, dates of filing, the name of claimants, their attorneys of record and respective addresses. As papers are received, the Clerk shall stamp the filing date thereon, and forthwith mail to opposing counsel a copy of all orders entered, pleadings, motions, notices and briefs as filed. Such mailing shall constitute due notice and service thereof.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

 

Section 790.260  Dismissal for want of Prosecution

 

A case may be dismissed for want of prosecution where the Court determines that the claimant has made no attempt in good faith to proceed.

 

Section 790.270  Fees and Costs

 

a)         In claims based upon lapsed appropriations or lost warrant no filing fee shall be required. In all other claims the following fees shall apply:

 

Filing of complaint in which amount of claim is less than $1,000........................................................................	$15
Filing of complaint in which amount of claim is $1,000 or more..............................................................................	$35

 

b)         Filing fees may be waived for an indigent person upon application provided and approved by the Court of Claims.

 

1)         All applications shall be notarized and include: the name and address of the applicant; applicant's occupation and employer; income from the previous year; sources and amount of income expected in the future; persons dependent on the applicant for support; a brief statement of any real estate or personal property (including any motor vehicles) and the value of the real estate, personal property and motor vehicle held by the applicant; a statement (and any government issued documentation) of receiving assistance under one or more of the following public benefits programs (Supplemental Security Income (SSI),  Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), etc.), or documentation of receiving unemployment insurance benefits; a statement of any applications filed on behalf of the applicant for leave to sue or defend as an indigent person during the previous year; and a statement that the applicant is unable to pay the cost of the case and has a meritorious claim or defense.

 

2)         The Court, considering the information of the application as a whole, shall determine whether the information contained in the application demonstrates to the Court that an inability to pay exists, and if so, will waive the fees.  Receipt of public benefit program assistance or unemployment insurance benefits stated in subsection (b)(1) shall result in waiver of fees, irrespective of other information provided.

 

c)         Certified copies of documents filed in the Court of Claims may be obtained upon application to the Secretary of State and payment of the prescribed costs.

 

(Source:  Amended at 40 Ill. Reg. 7314, effective April 29, 2016)

SUBPART B: ADOPTION AND EFFECTIVE DATES

 

Section 790.280  Adoption and Effective Dates

 

The above and foregoing rules, as amended, were adopted as rules, as amended, of the Court of Claims of the State of Illinois on the 6th day of June, 1975, to be in full force and effect from and after the 1st day of July, 1975.