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Illinois CIVIL ASSET FORFEITURE INITIAL CASE MANAGEMENT ORDER

State:
Illinois
Control #:
IL-SKU-0696
Format:
PDF
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Description

CIVIL aSSET FORFEITURE INITIaL CaSE MaNaGEMENT ORDER

Illinois Civil Asset Forfeiture Initial Case Management Order is a court order issued by a judge in a civil asset forfeiture case. This order is issued to direct the parties involved in a civil asset forfeiture proceeding and to establish the rules and procedures for the case. The order sets out the time frame for the filing of pleadings, the exchange of discovery, and the scheduling of hearings. It also determines which court will hear the case, the process for appeals, and any other matters related to the case. The order may also specify the order of proceedings, the method of service of process, and the procedures for the filing of motions and other documents. Types of Illinois Civil Asset Forfeiture Initial Case Management Order include Claims of Interest, Scheduling Order, and Order to Show Cause.

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FAQ

A summons is a pre-printed legal form that tells a defendant that he or she is being sued. The defendant must file an appearance and responsive pleading or answer within 30 days of being served with the summons.

Step 1 ? File the form with the Circuit Clerk. o You must file the Appearance form in the county where the court case is filed. o Make copies of your original Appearance for yourself and each party in the case. o Bring the original Appearance and the copies to the Circuit Clerk at the courthouse.

You have the right to represent yourself in court. However, you will be expected to follow the court's rules and procedures when representing yourself. The judge and the court staff are not allowed to give you advice or help you with your case.

(B) The notice of pending forfeiture must include a description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.

You are allowed to represent yourself in a domestic relations case. However, you must have an appearance on file to do so. You must also abide by all the same rules and procedures as attorneys.

Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

Illinois state law authorizes the ?civil forfeiture of property which is used or intended to be used in? illegal drug activity. Unlike a traditional fine or criminal penalty assessed following a trial, civil asset forfeiture allows the police to immediately take a suspect's property.

Option 1: Find forms on the forms website of the Administrative Office of the Illinois Courts. Option 2: Visit Illinois Legal Aid Online (in English, Spanish, and Polish) to find the right forms. Their site has free, online, guided interviews called "Easy Forms." They also have blank forms in the Form Library.

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Illinois CIVIL ASSET FORFEITURE INITIAL CASE MANAGEMENT ORDER