Friday, April 17, 2009

A brief overview of the Cook County court system

The hub of northeastern Illinois, population-wise, is Cook County, home to Chicago and my office. The Cook County Circuit Court is the largest unified court system in the country, which has the practical effect of making the court very busy.

The cases I handle are in four of the court’s divisions: municipal, law, chancery, and probate.

Municipal is the lowest division, handling cases valued at up to $30,000. This is where small claims cases (up to $10,000) are filed. Municipal cases are common in what are known as the collar courts – the main Cook County courthouse is in downtown Chicago, in the Daley Center, but there are five other civil courthouses in Cook county, which handle many of the smaller cases in the outer portions of the county. I’ve been to all of them, but most of what I handle outside of the Daley Center is in the 2nd (Skokie) and 3rd (Rolling Meadows) Districts.

Law is for cases valued over $30,000. It’s where most personal injury and larger commercial claims are brought.

Chancery is for cases where you are looking for a non-money remedy, such as rescission or specific performance of a contract or a temporary restraining order. It’s also the division that handles foreclosure and mechanic’s liens cases.

As the name would suggest, Probate handles probate cases. Any case challenging a will or asserting a claim against an estate would be here, as would guardianship cases.

The different divisions often have different standards; what might be common in one would be unusual, or even wrong, in another. Knowing each division allows an attorney to design a litigation strategy that best serves your goals.

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