Court Rules
Judge

Judge David R. Gervais

Individual Rules, Standing Orders & Policies

Rules last changed:
22nd Judicial Circuit Court, McHenry County

Limits & Logistics

Document Limits

BriefCourt-wide
10 pgs
Supporting MemorandumCourt-wide
15 pgs
DocumentCourt-wide
5 pgs
DocumentCourt-wide
15 pgs

Courtesy Copies

Courtesy copies

Motion, Brief

  • Mail • At Least 7 Business Days Before Hearing When Practicable

Financial Affidavit, Pay Stubs, Tax Returns, Supporting Evidence Index

Court-wide

Jury Instructions

Court-wide
  • 2 copies

Adjournments

Court-wide

Request must include

Reason For RequestNumber Of Previous Requests
Reason For Request

Communication

Phone

Clerk

(815) 334-4310
Scheduling
Phone
(815) 334-4385
Emergencies
Phone

Duty Judge

(815) 338-2144
Emergencies
Phone

Clerk

815-334-4190
Scheduling

No matching rules in this section

This judge does not list rules for this section yet.

Filing & Service rules

Electronic Filing Rules

Proposed orders, whether submitted before or after a court appearance, may be emailed to the Court at the designated proposed-orders address.

Proposed Orders — be they prior or subsequent to the court appearance — may be submitted to the Court through email to proposedorders@22ndcircuit.illinoiscourts.gov.

Checked against the court's document on Oct 4, 2026

Page 2 | INITIAL PRESENTATIONS

Where a new decedent's-estate matter is not scheduled for open-court presentation, the attorney or self-represented party may email proposed orders, oaths, and bonds to the Court with an explanatory cover email.

Upon the filing of a petition to open a decedent's estate and an affidavit of heirship, an attorney or self-represented litigant (party) may email appropriate proposed orders and the appropriate oath(s) and bond(s) to the Court at proposedorders@22ndcircuit.illinoiscourts.gov along with a cover email which simply explains what filings have occurred (including the filing of any will and codicil, and the number assigned to any such filing) and what is being required, to the extent the matter is not otherwise scheduled for presentation in open court.

Checked against the court's document on Oct 4, 2026

Page 3 | NEW PROBATE ("PR") CASES INVOLVING A DECEDENT

The designated proposed-orders email is only for proposed orders and should not be used for pleadings, motions, affidavits, or exhibits.

Only proposed orders shall be submitted through the proposed orders email, not pleadings, motions, affidavits, or exhibits.

Not confirmed. Read the court's wording below.

Page 2 | INITIAL PRESENTATIONS

Filing Timing and Cure Windows

Pleadings and other matters intended for presentation in open court should be filed at least seven days before the presentation.

Pleadings and other matters to be presented to the Court should be filed at least seven (7) days prior to the presentation of any such item in open court, so as to afford the Court a sufficient opportunity to review.

Checked against the court's document on Oct 4, 2026

Page 2 | INITIAL PRESENTATIONS

A post-hearing proposed order should be submitted within 24 hours after the hearing.

If post hearing, the proposed order should be submitted within twenty-four (24) hours after the hearing.

Checked against the court's document on Oct 4, 2026

Page 2 | INITIAL PRESENTATIONS

Parties may stipulate or agree to an order at least two court days, or 48 hours, before an open-court setting, and earlier if possible; the same agreement process may be used when a matter is not otherwise set.

At least two (2) court days (forty-eight (48) hours) prior to a setting in open court, and earlier if possible, and also when a matter is not otherwise set, all parties in a case may stipulate or otherwise agree to the entry of an Order in a case.

Checked against the court's document on Oct 4, 2026

Page 2 | AGREED ORDERS

Service and Proof of Service Rules

The alleged disabled respondent must be served with a summons at least 14 days before the guardianship hearing.

The respondent — the alleged disabled person, must be served with a summons at least fourteen (14) days in advance of any hearing on the same.

Not confirmed. Read the court's wording below.

Page 3 | NEW GUARDIANSHIP ("GR") CASES INVOLVING AN ALLEGED DISABLED ADULT

Courtesy Copy Requirements

Courtesy copies must be provided to all parties of record at approximately the same time they are submitted to the Court.

Copies shall be provided to all parties of record at or about the same time as the submission to the court.

Checked and corrected to match the court's document on Oct 4, 2026

Page 2 | COURTESY COPIES

Each courtesy copy should include a cover letter identifying the parties, case number, and hearing date.

Any courtesy copy should be accompanied by a cover letter which references the names of the parties, case number, and the date of the hearing.

Checked and corrected to match the court's document on Oct 4, 2026

Page 2 | COURTESY COPIES

Courtesy copies of motions and briefs in contested matters set for hearing, or as otherwise ordered, are required notwithstanding contrary local rules.

Notwithstanding any local rule to the contrary, courtesy copies are required of motions and briefs related to contested matters set for hearing or as otherwise ordered.

Not confirmed. Read the court's wording below.

Page 2 | COURTESY COPIES

Chambers Communication Rules

For an emergency hearing outside the normal setting protocol, counsel or a self-represented litigant should file the pleading, call Court Administration at the stated number, explain the situation, and provide the available attorney or litigant contact information.

To have a matter heard on an emergency basis — that is, outside normal setting protocol referenced above — the pleading to be presented should be filed, the Court Administration should be called at (815) 334-4385 to explain the situation and to provide the telephone number and email address of each attorney or self-represented litigant (party) in the case, to the extent Page 1 of 4 ===== PAGE 2 ===== available.

Checked and corrected to match the court's document on Oct 4, 2026

Page 1 | EMERGENCY MATTERS

When the courthouse is closed, a Duty Judge may be contacted through the Office of the McHenry County Sheriff.

When the courthouse is not open, a Duty Judge can be contacted through the Office of the McHenry County Sheriff at (815) 338-2144.

Checked against the court's document on Oct 4, 2026

Page 2 | EMERGENCY MATTERS

Questions about settings and availability may be directed to the McHenry County Circuit Clerk's Office.

Questions on settings and availability may be directed to the McHenry County Circuit Clerk's Office at (815) 334-4310.

Checked and corrected to match the court's document on Oct 4, 2026

Page 1 | SCHEDULING

Questions about case scheduling or electronically filed documents must be directed to the Clerk of the Circuit Court at 815-334-4190.

Any questions concerning the scheduling of a case or electronic filed documents must be directed to the Clerk of the Circuit Court at 815-334-4190.

Checked against the court's document on Oct 4, 2026

Page 4 | QUESTIONS CONCERNING SCHEDULING OR SUBMISSIONS TO THE COURT

Questions about submitting proposed orders to the Court must be directed to the Civil Case Manager at 815-334-4385.

Any questions concerning submission of proposed orders to the Court must be directed to the Civil Case Manager in the Office of the Trial Court Administrator at 815-334-4385.

Checked against the court's document on Oct 4, 2026

Page 4 | QUESTIONS CONCERNING SCHEDULING OR SUBMISSIONS TO THE COURT

Court-wide rules

Applies court-wide

These 393 rules apply across 22nd Judicial Circuit Court, McHenry County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 162
  • Applies to
    Surety schedule

    A proposed surety must provide a schedule of property and net worth executed under oath, unless the court excuses filing under the stated consent or good-cause exceptions.

  • Applies to
    Bond

    If the court approves a proffered bond, the petition and schedules must be filed with and included in the bond.

  • Applies to
    Deposit authorization order

    An order authorizing a cash deposit must require the distribution to be payable jointly to the guardian, if any, and the depository, and must require a certified depository receipt stating that no withdrawals may occur without court approval.

Service

All 74
  • Service
    Mail

    Within seven days, the personal representative or attorney must mail copies of the petition, bond, and schedules to each heir, legatee, or nearest relative whose approval is not already on file, and must file proof of mailing with the clerk.

  • Applies to
    Notice of missing account or report
    Service
    Mail

    When a required account or report is not filed and approved, the clerk must mail notice to the representative and attorney of record requiring the account or report to be filed.

  • Applies to
    Notice of hearing on account

    Notice must be given at least seven days before the hearing under Supreme Court Rule 11, except when publication is used.

Filing Timing

All 48

  • A newly discovered safe deposit box must be inventoried promptly, and a supplemental inventory listing the box and contents must be filed within 30 days after discovery.

  • Unless the court excuses it, the decedent’s estate representative must present a verified administration account for court approval within 60 days after the first anniversary of issuance of letters of office.

  • After the initial account, the decedent’s estate representative must file a verified account annually within 60 days after each anniversary of the issuance of letters of office until administration is completed.

Formatting

All 30

  • The plaintiff’s attorney must prepare the notice for sale using the form available in the clerk’s office.

  • The required pretrial memorandum must be typewritten and follow the prescribed rules and Form 4.01(b), subject to the stated special-progress-call exception.

  • Jury instructions must be double-spaced and typed on plain 8.5-by-11-inch paper.

More categories

View all 22nd Judicial Circuit Court, McHenry County rules
About Judge David R. Gervais

Judge David R. Gervais is Presiding Judge Civil Division of the 22nd Judicial Circuit of McHenry County, Illinois, and holds the Civil IV Call in Courtroom 357. Call scope: Chancery (CH); Probate (PR); Guardianship (GR). Hearing times: Monday to Friday, 9:00 a.m. Chancery; 9:30 a.m. Guardianship and Probate.

Courtroom 357. Standing order: [Courtroom 357 Standing Order (updated 02/02/2023)](https://www.22ndcircuitil.gov/wp-content/uploads/sites/3/2025/07/357-Standing-order-02-03-2023.pdf)

Common questions about Judge David R. Gervais's rules

Are courtesy copies required for Judge David R. Gervais?

Courtesy-copy rule applies for motions and briefs. Details: delivery at least 7 business days before hearing when practicable, by mail. Courtesy copies of motions and briefs in contested matters set for hearing, or as otherwise ordered, are required notwithstanding contrary local rules.

View ruleSource: page 2, section COURTESY COPIES

How may parties contact Judge David R. Gervais' chambers?

The rule addresses phone communications. The rule lists phone (815) 334-4385. For an emergency hearing outside the normal setting protocol, counsel or a self-represented litigant should file the pleading, call Court Administration at the stated number, explain the situation, and provide the available attorney or litigant contact information.

View ruleSource: page 1, section EMERGENCY MATTERS

Is electronic filing required before Judge David R. Gervais?

Yes. Electronic filing is required for the covered filings. The designated proposed-orders email is only for proposed orders and should not be used for pleadings, motions, affidavits, or exhibits.

View ruleSource: page 2, section INITIAL PRESENTATIONS

What filing deadlines does Judge David R. Gervais set?

Pleadings and other matters intended for presentation in open court should be filed at least seven days before the presentation.

View ruleSource: page 2, section INITIAL PRESENTATIONS

What rule applies to service for summons before Judge David R. Gervais?

The rule addresses service method, recipient, or timing requirements. Details: timing: before hearing. The alleged disabled respondent must be served with a summons at least 14 days before the guardianship hearing.

View ruleSource: page 3, section NEW GUARDIANSHIP ("GR") CASES INVOLVING AN ALLEGED DISABLED ADULT
Complete rules summary for Judge David R. Gervais

Questions about settings and availability may be directed to the McHenry County Circuit Clerk's Office.

For an emergency hearing outside the normal setting protocol, counsel or a self-represented litigant should file the pleading, call Court Administration at the stated number, explain the situation, and provide the available attorney or litigant contact information.

When the courthouse is closed, a Duty Judge may be contacted through the Office of the McHenry County Sheriff.

Pleadings and other matters intended for presentation in open court should be filed at least seven days before the presentation.

Proposed orders, whether submitted before or after a court appearance, may be emailed to the Court at the designated proposed-orders address.

The designated proposed-orders email is only for proposed orders and should not be used for pleadings, motions, affidavits, or exhibits.

A post-hearing proposed order should be submitted within 24 hours after the hearing.

Questions about case scheduling or electronically filed documents must be directed to the Clerk of the Circuit Court at 815-334-4190.

Parties may stipulate or agree to an order at least two court days, or 48 hours, before an open-court setting, and earlier if possible; the same agreement process may be used when a matter is not otherwise set.

Courtesy copies of motions and briefs in contested matters set for hearing, or as otherwise ordered, are required notwithstanding contrary local rules.

Each courtesy copy should include a cover letter identifying the parties, case number, and hearing date.

Courtesy copies must be provided to all parties of record at approximately the same time they are submitted to the Court.

The alleged disabled respondent must be served with a summons at least 14 days before the guardianship hearing.

Where a new decedent's-estate matter is not scheduled for open-court presentation, the attorney or self-represented party may email proposed orders, oaths, and bonds to the Court with an explanatory cover email.

Questions about submitting proposed orders to the Court must be directed to the Civil Case Manager at 815-334-4385.

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