From JL–Court orders are voidable if Opposing Counsel has not filed an appearance or Leave to File an Appearance

Click to access 1112401.pdf

Illinois Association of Defense Trial Counsel
Springfield, Illinois | | 800-232-0169
IDC Quarterly | Volume 23, Number 1 (23.1.36)
Civil Practice and Procedure
By: Edward K. Grassé
Busse, Busse & Grassé, Chicago
Leave to File an Appearance?
Yes, it is Required.
A recent Illinois Appellate Court First District decision has found that leave of court is required to file an appearance if 30 days has lapsed since service was perfected, and this is true even if the appearance is an additional appearance for a party already having appeared.
In J.P. Morgan Mortg. Acquisition Corp. v. Straus, 2012 IL App (1st) 112401, an attorney
attempted to vacate an order of foreclosure which had been entered against his clients after the attorney had filed an appearance for his clients. The court reviewed the order of foreclosure and sale and found that since the attorney had not sought leave of court to…

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