Motion to Compel Appearance- Illinois

February 4, 2023

IN THE CIRCUIT COURT OF COOK COUNTY, XXX

COUNTY DEPARTMENT – DOMESTIC RELATIONS DIVISION


IN RE MARRIAGE/CIVIL UNION OF:   [ENTER NAME],Petitioner,and

[ENTER NAME],

Respondent.

Case No.: ______________Calendar:_______________

 

MOTION TO COMPEL APPEARANCE

NOW COMES self-represented Respondent [ENTER NAME], and moves this Court to Compel the Petitioner to appear for the prosecution and/or conduct of the case. In support of the said motion, Respondent states as follows:

  1. The above matter arises from a divorce Petition filed by Petitioner on or about [ENTER DATE].
  2. On or about [ENTER DATE], Respondent duly filed a response to the said Petition.  
  3. Since the said response by Respondent, Petitioner has been inactive in the case and has thus failed to prosecute the case further. 
  4. Any and all Respondent’s attempts to make Petitioner move forward the case have proved futile. 
  5. Petitioner’s failure to prosecute the case has greatly prejudiced Respondent’s ability to defend the case. 
  6. Besides, unreasonable delay in an Illinois divorce is sanctionable. “The signature of an attorney or party constitutes a certificate by him that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation” Illinois Supreme Court Rule 137 (a) (Emphasis added).  
  7. That failure of this Honorable Court to compel Petitioner to appear and explain their inactivity and/or proceed to prosecute the case would not be in the interest of justice. 

 

WHEREFORE, the Respondent, [ENTER NAME], prays this Court enter an Order compelling Petitioner [ENTER NAME], to produce himself within the next seven (7) days and explain their inactivity and/or proceed to prosecute the case.

 

CERTIFICATE OF SERVICE

 I hereby certify on the ____________day of _______________, XXX, that a true and correct copy of the foregoing Motion were served by placing a copy in the United States Postal Service, with postage prepaid, addressed upon the following:

 

SERVICE ON:

[ENTER ADDRESS]

 

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