This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Emergency Injunction Form With Motion In Chicago
Category:
State:
Multi-State
City:
Chicago
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
In your written motion, you should ask the judge to vacate the judgment. If you are filing the motion within 30 days of learning of the default judgment, you should say so. Include weekends and holidays when counting. The deadline cannot be a weekend or holiday.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Either side in a case can file a motion. In some instances, a non-party may file a motion (for example, a motion to quash a subpoena issued in the case). Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing.
The Notice of Motion shall designate the Judge to whom the Motion will be presented for hearing; shall show the title and number of the action, the title of the Motion, the date when the Motion will be presented, the time it will be presented, the courtroom where it will be presented, and the address of the Courthouse ...
The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court. The e-Filing system will reject your filing if you do not enter a court date on the form before e-filing it.
Emergency Motions shall include an affidavit or verification stating facts that identify the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence.
A motion is heard on a 24 day cycle, meaning that when you file a motion, you can expect that your case will be scheduled before a judge within approximately 24 days. There is often times a motion can be delayed when an adjournment is requested or when the court's calendar requires.
A motion is simply asking the court to do something. So you file a motion to continue -- this is requesting the judge give you more time. Best to file this in writing with the clerk of the court AND send a copy to the other side. You can ask for this in person at the hearing/trial date but less likely to be granted.
To qualify as an “emergency,” a motion must arise from an unforeseen circumstance that requires immediate action to avoid serious or irreparable harm to one or more of the parties.
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
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