Legal Question in Civil Litigation in Illinois

I want to know is it legal to proceed on a status call to a trial date if you do not have the original file with all the documents inside. I had such an instance where I filed a counterclaim in small claims that superseded the maximum amount allowable in small claims. I know that the case should have been taken off of the small claims docket and put on the civil docket, but the judge proceeded and set a trial date for the case. I would like to know is this permissible?


Asked on 4/18/10, 3:51 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

What you say doesn't quite make sense. Small claims court is within and under the jurisdiction of the civil docket. So your case would not be removed from the small claims court and placed in a civil docket since it is already in it.

With respect to your counterclaim-your trial court will be changed only if you have filed a "jury demand" otherwise, you stay right where you are and the judge will make the decisions.

Aside from all that however, what a judge does is ALWAYS legal. He may make a mistake and be reversed if the case is appealed.

I hope this helps-

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Answered on 4/23/10, 5:15 pm


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