Knowledgebase

How to File An Emergency Motion


The emergency motion may involve a temporary restraining order or an injunction.  It could be used to restrain someone from building something too close to someone's property; or cutting down a tree on the property line that may cause damage to a neighbor's property, or when a partnership is dissolving, keep the company funds in tact until the judge's rule.

The restraining order has nothing to do with restraining individuals in a relationship of any kind (personal).  It's more about stopping an action from taking place.

The Chancery Division has a procedure for hearing matters that are filed as emergencies (i.e., Temporary Restraining Orders and Injunctions).

If filed before 4:30 p.m. on a weekday, the moving party goes directly to the Judge to whom the case has been assigned.

Clerk's Office personnel will also be assigned to the Judge; it is up to the discretion of the Judge and the nature of the emergency whether relief sought will be granted.

After 4:30 p.m. on a weekday, or during the weekend or holiday, reference is made to Circuit Court of Cook County General Order No. 3.1, Paragraph 1.8 (If at all possible, contact the Presiding Judge's Office during regular court hours, 8:30 a.m. to 4:30 p.m., for a determination of whether the matter is truly an emergency.)

If the emergency is on a previously filed case, check with the Presiding Judge's Office for a time that the motion can be heard.  (Emergency Temporary Restraining Order.)