CLICK HERE for Forms to get any Cook County Probate Case dismissed for Lack of Notice of Hearing Required by Sodini

Posted on August 1, 2012

Dear Readers;
One of the things I have noted by listening to dozens and dozens of probate case is, as in the Sykes Probate case, the court seldom or never asks the following questions to properly attain jurisdiction over the Respondent (alleged disabled person).

Illinois law requires 1) the Petitioner 2) must serve written notice (by mail or personal delivery) to 3) close relatives (defined as adult parents, children AND siblings) 4) informing each of the date, time and place of the hearing.
If this is NOT done, it is a serious and fatal flaw, and the case MUST BE DISMISSED OR NON SUITED, and the Petitioner and court MUST START OVER.
So, how do you do that?  With an emergency motion.  An emergency motion is one that is defined as one that is not on the court’s regular calendar and was not served with notice either 2 business days in advance when served by personal delivery or 7 days when served by regular mail.  The court does not currently accept email service, but many litigants and attorneys don’t mind or they prefer email service and that’s okay–as long as you have a written agreement to that effect.

But an Emergency Motion is entirely appropriate for someone living under a guardianship where every day of freedom counts.  That means all you have to do is file with the clerk’s offices, drop off that pleading with the court (bring a stamped courtesy copy for the judge to the court room and put it on the docket there)  the day before, fax or email it the day before and bingo, you should be able to get relief in court the very next day!  Be sure to let the Respondent know, and any attorneys that have filed an appearance.  The attys can be served by email or fax, but confirm with a phone call and tell them it’s very important to get over to court ASAP.  Generally, with a filing like this one, the judge will be asking to get on the phone any atty that has not showed up and s/he will wait for them to show.

Jurisdiction is a very serious matter folks, and it leads to malpractice suits against all the attorneys involved, the guardian ad litem and even the judges.  Jurisdiction has to be fixed swiftly and immediately.

for the link to a PDF version of the form:

https://docs.google.com/open?id=0B6FbJzwtHocwaWU1aFBZRjUtbDQ

https://docs.google.com/open?id=0B6FbJzwtHocwaWU1aFBZRjUtbDQ

for the link to the WPD version of the form

https://docs.google.com/open?id=0B6FbJzwtHocweGwwemJ6cEw1NUU

https://docs.google.com/open?id=0B6FbJzwtHocweGwwemJ6cEw1NUU

for the link to an RTF version of the form:

https://docs.google.com/open?id=0B6FbJzwtHocwREt4ZS1LQ0dHYmM

https://docs.google.com/open?id=0B6FbJzwtHocwREt4ZS1LQ0dHYmM

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