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IN THE CIRCUIT COURT OF THE 21
ST
JUDICIAL CIRCUIT
KANKAKEE & IROQUOIS COUNTIES, STATE OF ILLINOIS
NOTICE: PREJUDGMENT INTEREST PROTOCOL
The constitutionality of Illinois’s Prejudgment Interest statute, 735 ILCS 5/2-1303(c) is in
question and there is a conflict among and within Illinois Circuit Courts. The constitutionality
has not yet been addressed by a reviewing court, but the issue is likely to culminate with a
ruling by the Illinois Supreme Court.
Effective immediately, the 21
st
Circuit Court for Kankakee and Iroquois Counties hereby notify
all counsel as to the protocol regarding pre-judgment interest motions including:
• Motions seeking a stay of the statute’s application
• Motions seeking to toll the statute’s application
• Motions seeking to declare the statute unconstitutional
• Motions seeking to apply any other Circuit Court ruling (either precedential or
persuasive) as to the constitutionality or unconstitutionality of the statute to a case prior
to trial
All such motions may be filed in all applicable cases and shall remain pending and shall be
continued generally with all issues preserved until such time as all avenues of appellate review
on the constitutionality of the Judgment Interest Act Amendment are exhausted and a final
order from the Illinois Supreme Court is issued.
Attorneys shall not notice or submit these motions to the court and shall not submit orders for
entry on these motions.
All orders previously entered on these motions are hereby deemed vacated and these motions
remain pending and continued generally with all issues preserved until such time as all
avenues of appellate review on the constitutionality of the Judgment Interest Act Amendment
are exhausted and a final order from the Illinois Supreme Court is issued.
/s/ Lindsay Parkhurst_______________ /s/ Michael Sabol________________
Civil Presiding Judge Kankakee County Civil Presiding Judge Iroquois County
Circuit Judge Lindsay Parkhurst Circuit Judge Michael Sabol
Effective February 1, 2023
