On December 22, 2020, the Illinois Supreme Court issued M.R. 30370. This Order provides a certification form entitled “Plaintiffs Certification of Compliance with the Governor’s Executive Orders on Evictions” and requires that the filing of any eviction complaint be accompanied by a completed copy of the certification form. The certification form states that the plaintiff/landlord has provided each defendant/tenant with the form declaration made available by the Illinois Housing Development Authority prior to commencement of the eviction proceeding and either (1) has not received a qualifying declaration from any defendant/tenant that they are a “covered person” under the Executive Order, or (2) another stated exception to the Governor’s moratorium contained in the Executive Order applies.
The Clerk will refer new filings to a designated judge for review. If the reviewing judge determines that a certification form has not been filed or fails to meet the requirements, that judge will dismiss the case, without prejudice, and seal the record. Any case dismissed under this Order may be re-filed when no longer barred by Executive Order, with the re-filing fee waived.
If the reviewing judge determines the certification form meets the requirements, the matter may proceed to be heard. However, the reviewing judge’s determination is not binding on the trial court as to whether the Governor’s moratorium applies to a particular case.
This Order is effective December 22, 2020 and remains in effect until further order of Court.
Author
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Jill has extensive experience representing creditors and financial institutions in both state and federal court. Jill concentrates her practice on protecting creditors’ rights in bankruptcy, prosecuting evictions, defending junior liens, and collecting on judgments. In addition, Jill represents creditors, servicers and real estate investors in financial services and real estate litigation.
