How to File a Petition in an Illinois Court
- 1). Draft your petition. Include the reasons you are petitioning, and your prayer for relief (what action you would like the court to take based on your petition). Illinois takes a relatively relaxed approach to petitions and motions; you do not need to be extremely detailed in your petition, but you need to provide enough information that the respondent (the person you are filing the petition against) will understand the nature of your request and be able to respond. If you petition is too vague, or does not state an adequate and actionable claim, it will be dismissed.
- 2). File the petition with the clerk's office in the courthouse. Once you file it and pay the filing fees, you will receive a stamped copy and a court date on your petition. Provide a copy of this stamped copy to all interested parties. Illinois requires use of your county sheriff for service. The sheriff will have an office at the courthouse. Visit the office with copies of the stamped petition to arrange for service.
- 3). Argue your petition at hearing. After you provide notice to all parties the court will provide those parties a chance to reply to your petition. Once all parties have had an opportunity to prepare, the matter will be decided at a hearing. Bring all evidence and witnesses you wish to present with you to the hearing date. After the conclusion of the hearing, the court will either grant or deny your petition.
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