Illinoise Court Case Lookup
A court case, also called a lawsuit or litigation, is a legal disagreement between two or more parties filed in a court of law for resolution. Court cases in Illinois can be civil (non-criminal disputes between two or more entities) or criminal (litigation between the state and a citizen because of a criminal offense). A court case lookup allows members of the public access to judicial records generated by state courts in the course of a hearing.
Different Illinois courts hear cases in the state. At the topmost level is the Illinois Supreme Court, which typically handles matters related to the legislature and state affairs. It also handles cases that have been appealed from the lower courts. Next is the Illinois appellate court, which hears appeals from the circuit courts, except when a case is appealed to the supreme court. There are five appellate court districts in Illinois. The last level within the Illinois court system belongs to the circuit court, which serves as the entry and trial court for all court cases filed in the state. There is a circuit court in every Illinois county.
Are Court Cases Public Record in Illinois?
Yes, court cases are open to the public in Illinois under Rule 8 of the Illinois Supreme Court Rules. Therefore, those interested in viewing official records on these cases can obtain them from the courts. However, the cases accessible to the public do not include adoption, juvenile, or other cases sealed or prohibited by law.
How to Conduct an Illinois Court Case Lookup
One can conduct an Illinois court case lookup at the courthouse where a case was filed. Alternatively, individuals can search the case management system available on the website of the court that handled the case. For instance, an inquirer looking for a circuit court case in Lake County can access records through the court's Public Access System. Meanwhile, those searching for cases filed in the Cook County Circuit Court can access the court's Case Search portal.
Can I Get Illinois Court Case Documents Online?
In many cases, no, but it depends on the court. The Illinois Supreme Court's Remote Access Policy and Electronic Access Policy for Circuit Court Records do not restrict nor require clerks of courts to provide the public with electronic access to court records. As such, court clerks (that satisfy a requirement) can provide court case documents online. However, many only provide case information. For example, a list of all documents filed in a case.
To determine if a court clerk's office maintains case documents online, one should contact the office during business hours.
How to Conduct an Illinois Court Case Search by Name
Records of court cases are indexed by participant names (e.g., a plaintiff) in Illinois. Hence, anyone interested in carrying out an Illinois court case search by name can access case search portals maintained on county clerks' websites. An option to search for a case by name is always provided. For example, individuals conducting a civil court case search in Mclean County can enter a litigant's name into the clerk's Public Access Civil Search System to find related cases.
Individuals can also send a written inquiry containing a case participant's name to the clerk's office or visit the courthouse when it is open. Generally, requesters can retrieve court case information for free unless they require copies.
Another option would be to visit a third-party site that provides court case records to perform the court case search by name.
What is a Court Case Number?
A court case number is a distinctive number assigned by the clerk's office to an action brought within the court system for resolution. Court case numbers often provide valuable information about a case, such as the case type, the year it was filed, the presiding court, and the judicial officer that heard the case. They also enable the easy identification of cases, proper filing of related documents, and speedy retrieval of case files.
How to Conduct a Case Number Search in Illinois
Besides a name (a business or individual's name), a case number is a common parameter used to find court case information in Illinois. An individual who has the case number assigned to a court case can visit, mail, or contact the applicable court clerk's office (where the case was heard) to request a case number search. The party can also visit the court's website to access its case search tool and input the case number into the provided search field to obtain case results.
How to Remove Court Cases From Public Records in Illinois
To remove a court case from public record in Illinois, a person must file a circuit court petition to seal or expunge the record. However, several factors influence whether the court will remove the case from public access:
- The type of record (it is generally easier to remove a civil case record from the public record than a criminal court case record).
- The age of the record.
- The statutory provision(s) affecting the case record. For instance, most sex offense court cases that resulted in a conviction cannot be removed from public record.
- The severity of the offense (for criminal cases)
- Whether there are privacy or safety concerns in keeping the record confidential
Past criminal defendants who wish to remove their court cases from public records under 20 ILCS 2630/5.2 can review the state judiciary's Expungement and Sealing page (or the specific court's expungement webpage if available) and State Appellate Defender's website. Forms can also be downloaded from these sites.
How to Check a Court Case Status in Illinois
Members of the public can check a court case's status at the clerk's office in the courthouse where the case was filed. They can also access the public case management system on the court's website with a case party's name or case number to determine the status of a court case (i.e., whether it is still active or closed).
How to Find Supreme Court Decisions in Illinois
Supreme court decisions are accessible to the public in Illinois. Interested individuals can find these decisions on the state judiciary's opinions website. On the site, persons can search for the Illinois Supreme Court's decisions by case name, the case filing date, case status, and the decision type. One may also contact the Reporter of Decisions office to make inquiries.
What Percentage of Court Cases Go to Trial in Illinois?
Illinois does not disclose the overall percentage of court cases that go to trial - although this total is generally low, as per the trial/non-trial numbers published in the Illinois court system's annual reports. For instance, according to the 2021 annual statistical summary, of the 105,243 law cases terminated in Illinois, only 247 cases (approximately <1%) were disposed by jury verdict. Similarly, of the 41,909 felony defendants convicted in Illinois in 2021, only 5,141 (12%) were convicted by bench trial, and 280 (approximately (1%) by jury trial. The remaining 36,488 pleaded guilty.
How Long Does a Court Case Last in Illinois?
Varying factors affect the length of time from case filing to disposition in the Illinois court system, including:
- The type of case
- The case's complexity
- Whether the case is settled or goes to trial
- The waiting period imposed by the legislature (if any)
- The presiding court's case backlog
In other words, the time a court case takes to be resolved in Illinois is not easily determinable. Where one case may take a few months to resolve, another may take multiple years.
How to File a Case in Court in Illinois
A private citizen can file a case (a civil suit or action) in an Illinois court by submitting a legal document known as a complaint or petition to a circuit court having jurisdiction over the dispute. The Illinois courts allow electronic filing. One can also go to the courthouse to file a case. Forms can be obtained from the court clerk's office or the judiciary's website.
Besides submitting the petition (and other required documents), a filer must also pay the court's filing fee unless the court grants a fee waiver. Subsequently, the complaint copy and a summons must be served on the defendant (the person being sued) before case proceedings can commence.
Note: Pro se (representing oneself) is an option for non-criminal litigants in the Illinois court system. However, anyone filing a case or responding to a complaint/charge should seek legal advice.
What Does It Mean if a Court Case Was Resolved Before the Trial Date?
If a court case was resolved before the trial date, it means that the case was either settled or dismissed. A settlement could mean a guilty plea in which a criminal defendant takes responsibility for a crime to obtain a lesser sentence or punishment. It could also mean a settlement agreement reached by mediation, arbitration, or the negotiation of the two sides. Nonetheless, a settlement is usually advantageous to the parties involved, as they can save time in court and avoid costs arising during litigation.
On the other hand, when a case is dismissed, it either means that the plaintiff withdrew their claim or the court (at its discretion) terminated the court proceedings.