IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT – CHANCERY DIVISION

_______________BANK, )
)
Plaintiff, )
)
vs. ) Case No. 20__-CH-_______
)
___________________, UNKNOWN )
OWNERS and NON-RECORDS CLAIMANTS, )
)
Defendants. )

MOTION FOR SUBSTITUTION OF JUDGE AS OF RIGHT

NOW COMES, Defendant __________________ (“Defendant”), by and through its

attorney _____________________., pursuant to the Illinois Code of Civil Procedure 735 ILCS

5/2-1001(a) for a Motion for Substitution of Judge as a matter of right, and in support states as

follows:

1. Plaintiff initiated the subject action on _______________.

2. There have been no default orders entered against the Defendant.

3. There have been no final orders entered in this case.

4. The Illinois Code of Civil Procedure 735 ILCS 5/2-1001 of the Illinois Code of Civil

Procedure provides in pertinent part as follows: “(a) A substitution of judge in any civil

action may be had in the following situations: *** (2) Substitution as of right. When a

party timely exercises his or her right to a substitution without cause as provided in this

paragraph (2).”

5. Section 3(i) of 5/2 ILCS 1001(a) also provides that “Each party shall be entitled to one

substitution of judge without cause as a matter of law”.

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6. “Additionally, any order entered after a motion for substitution of judge is improperly

denied is void”. Illinois Licensed Beverage Association Inc v. Advanta Leasing Services,

333 Ill.App.3d 927, 932, 267 Ill.Dec. 118, 776 N.E.2d at 260 (4th Dist. 2002).

7. “Once a party has filed a timely motion under 5/2-1001(a)(2), the court is without

authority to enter any orders other than one transferring the case for reassignment. Any

other orders the court enters are a nullity”. Aussieker v. City of Bloomington, 355 Ill. App.

3d 498, 822 NE 2d 927, 291 Ill Dec 52 (4 th Dist. 2005); Cianci v. Safeco Ins Co. of

Illinois, 356 Ill. App. 3d 767, 826 NE 2d 548 292 Ill Dec 407 (1st Dist 2005).

8. “The trial court has no discretion to deny a proper motion for substitution of judge”. In

re Austin D., 358 Ill.App.3d at 799, 294 Ill.Dec. 881, 831 N.E.2d 1206. 

9. Accordingly, the Defendant has timely exercised its right under Section 2-1001, seeks a

substitution of judge as a matter of law and a matter of right.

WHEREFORE, Defendant respectfully prays that this Court grant its motion for

substitution of Judge __________ and transfer the subject action or random assignment, and for

other relief it deems just.

Respectfully submitted,