Going to court can be scary and overwhelming. But sometimes it is necessary. If you're planning on going to court, the following information will help you feel more comfortable with the process.

Illinois state courts

There are three levels of state courts in Illinois:

• Circuit courts,
• Appellate courts, and
• Supreme court.

Almost all cases start at the circuit court level. There are 23 judicial circuits that cover the 102 Illinois counties. Some circuits only cover one county, while others cover more than one county.

When you go to court, you will probably be going to a local courthouse that is part of your judicial circuit.

Illinois federal courts

In addition to state courts, Illinois also has federal courts.

The lowest level of federal court is called US district courts. Illinois has three:

• Northern District,
• Central District, and
• Southern District.

Cases in federal court are usually more complex and involve more money. Federal courts can only decide particular types of cases. Note: Bankruptcy is handled in federal court.

To find more information about the federal court system, visit the United States Courts website.

Divisions in circuit courts

Circuit courts may be organized into divisions based on case type. Judges assigned to a specific division only hear certain types of cases.

Circuit courts in more populated areas, like Cook County, may have more divisions than circuit courts in smaller counties.

Below is a list of standard divisions you may see when going to court:

• Criminal: Some circuit courts may further divide criminal cases into misdemeanor and felony divisions.
• Civil: Circuit courts may have separate divisions for probate law, chancery, and family law or domestic relations.
• Traffic: Judges may rule on cases involving drivers who got tickets for moving violations, traffic violations, driving under the influence (DUI), speeding, or running stop signs.
• Juvenile: Judges may rule on cases involving abuse or neglect of minor children. They may also handle cases where minor children have committed crimes.

Each circuit court is different and may organize its divisions differently.

How to find a [no-lexicon]circuit clerk[/no-lexicon]

The circuit clerk is the official record keeper for the court. A case enters the court system when you file a case with the circuit clerk. A circuit clerk is not the same as a county clerk.

You may use the circuit clerk's office to:

• File court papers in a case,
• Review a case's official court file,
• Get certified copies of a court order, or
• Pick up court forms.

Many circuit clerks have websites that give information about using the court and the circuit clerk's office. You may be able to find information about:

• Filing fees,
• Court locations,
• Court forms, and
• Community resources.

To find out how to contact your local circuit clerk's office, visit the Illinois Courts' website.

Information to know about a case

You can navigate the court system if you know some basic information about your case. Most of the information should be listed on the person's court papers, like:

• Plaintiff's or Petitioner's name,
• Defendant's or Respondent's name,
• Case number,
• Judicial circuit,
• County, and
• Division.

If you're filing a case, you are the plaintiff. If a case has been filed against you, you are the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.

Any paper you file with the circuit clerk must include:

• The plaintiff's or petitioner's name,
• The defendant's or respondent's name, and
• The case number.

If you call the circuit clerk to find out information about your case, they will ask for the information listed above. If the circuit clerk has a website, you may be able to look up information about your case online.

You may need to write the judicial circuit number and the county name where your case is being decided on your court papers. The division will also be helpful to know if you're looking for filing fees or court forms.

Hiring a [no-lexicon]lawyer[/no-lexicon] to go to court for you

Going to court can be confusing, and it is risky to do it alone. It's best to have a lawyer who can help you with your specific situation.

You can contact your local bar association to find an attorney to represent you. A private attorney will charge you for their services. You can also visit the Illinois State Bar Association website to search for a private attorney in your area.

Free legal help

Depending on your household income, you may qualify for free legal assistance.

If you cannot afford a lawyer, you may qualify for free legal assistance. If you've been charged with a crime, you may be able to have an Illinois Public Defender or other private attorney represent you for free.

Also, if you're looking to sue someone for money, you may be able to hire an attorney for free (no "out-of-pocket" fees) as long as you agree to give them a percentage of the amount you win in court. This is called contingent representation. It is common for plaintiffs' attorney to take cases in this way.

Representing yourself in a case

You have the right to represent yourself in court. However, you will be expected to follow the court's rules and procedures when representing yourself. The judge and the court staff are not allowed to give you advice or help you with your case.

Tips for going to court

• Mediation: Think about whether mediation is a good solution for your case before going to court. In mediation, a trained person helps you and the person who you disagree with try to find a solution to your dispute outside of court. Ask your circuit clerk for more information on mediation.  If you're in Chicago, you can go to the Center for Conflict Resolution website or call them at (312) 922-6464.
• Going to court more than once: Your first trip to court may not be for your hearing or trial. It may only be to file paperwork, and it may take more than one trip to court after that before your case is finished. If you have received paperwork in the mail, read it carefully. This will help you know what you need to do on the first court visit.
• Dress appropriately and arrive early: When you go to court, remember to dress like you're going to a job interview. Be sure to get there early. Arriving early is important because you will need to be screened by courthouse security. 
• Courthouse security: The security screening at a courthouse is very similar to that done at an airport. Depending on the courthouse, the security screening lines can be long, and the wait could be long. You cannot bring any weapons or lighters into a courthouse. In many locations, electronic devices capable of taking photographs or recording video may not be allowed.
• Children: If your case does not require the appearance of your children, it is advised to not bring them with you. If that is not possible, courthouses generally have some type of waiting room for children. There may be a small fee to use this resource. Check the Clerk of Court’s website for more detailed information if you must bring your children to court.
• Use the court help desks: Clerks, judges, and other court employees cannot give you legal advice or tell you what you should do in your case. But there may be a help desk available at the court where you can get some advice. 
• Always be polite: Always be respectful to the judge, the court staff, your opponent, and others in the courtroom. Turn off your cell phone. Don't eat, drink, or chew gum in court. You should also not talk in court unless it is your turn. When you are in front of the judge, you should only speak to the judge, not the other party or their attorney.
• Be prepared: Bring all of your documents from the case. Also bring papers and witnesses to support your side of the story if you have a hearing. Find out the courtroom where your case will be heard or the judge that is in charge of your case. Bring your official ID.
• While in court: Make sure to take notes about what is happening, especially what the judge says. Before leaving, request a copy of the judge's order.
• Check the court conduct rules: As of February 2022, the Illinois Supreme Court has lifted its mask mandate. But it's still important to check its websites for changes. Each court may adopt rules requiring wearing masks in courthouses based on appropriate public health guidance. If the court you are going to does not have such local rules, you can wear a mask, but it's not required. If you choose to wear a mask, you may be directed by a judge to remove it for court purposes, such as when addressing the court or testifying. 

Please note that some electronic devices are now allowed in some courts. This includes:

• Cellphones,
• Tablets, 
• Computers, and 
• E-book readers.

You should check the Clerk of Court’s website to see which devices are allowed. Courts can restrict the use of devices. If they do, they need to provide free storage. However, if you have a device that is denied access and need to store the device, you will have to leave the security screening area to do so. You will then need to wait through the security screening line again. 

People cannot: 

• Take photos of jurors,
• Make audio or video recordings of jurors, or 
• Communicate with witnesses or jurors with their devices. 

Courts are required to post signs with information about their policies. This information must also be available on their websites. 

Learn more about the Illinois Supreme Court policy on portable electronic devices here. 

To learn more about going to court, watch our video on courtroom basics.

Remote court hearings 

Since the Covid-19 pandemic, Illinois state courts have changed how they handle court cases. It is now common for courts to have remote hearings instead of requiring people appear in person. A remote hearing is a court proceeding that takes place using technology instead of meeting in person. Learn more about remote court hearings in Illinois here.