Rule 281. Definition of Small Claim.

For the purpose of the application of Rules 281 through 288, a small claim 
is a civil action based on either tort or contract for money not in excess 
of $5,000.00, exclusive of interest and costs, or for the collection of taxes
not in excess of that amount. 

Rule 282. Commencement of Action - Representation of Corporations.

(a) Commencement of Actions. An action on a small claim may be commenced by 
paying to the clerk of the court the required filing fee and filing a short 
and simple complaint setting forth (1) plaintiff's name, residence address, 
and telephone number, (2) defendant's name and place of residence, or place 
of business or regular employment, and (3) the nature and amount of the 
plaintiff's claim, giving dates and other relevant information. If the claim 
is based upon a written instrument, a copy thereof or of so much of it as is 
relevant must be copied in or attached to the original and all copies of the 
complaint, unless the plaintiff attaches to the complaint an affidavit 
stating facts showing that the instrument is unavailable to him. 
 
(b) Representation of Corporations. No corporation may appear as claimant, 
assignee, subrogee or counterclaimant in a small claims proceeding, unless 
represented by counsel. When the amount claimed does not exceed $1,500, a 
corporation may defend as defendant any small claims proceeding in any court 
of this State through any officer, director, manager, department manager or 
supervisor of the corporation, as though such corporation were appearing in 
its proper person. For the purposes of this rule, the term "officer" means 
the president, vice-president, registered agent or other person vested with 
the responsibility of managing the affairs of the corporation. 

Rule 283. Form of Summons.

Summons in small claims shall require each defendant to appear on a day 
specified in the summons not less than 14 or more than 40 days after issuance
of the summons (see Rule 181(b)) and shall be in the form provided for in 
Rule 101(b) in actions for money not in excess of $50,000.00. 

Rule 284. Service by Certified or Registered Mail.

Unless otherwise provided by circuit court rule, at the request of the 
plaintiff and in lieu of personal service, service in small claims may be 
made within the county as follows: 
 
(a) For each defendant to be served the plaintiff shall pay to the clerk of 
the court a fee of $2, plus the cost of mailing, and furnish to the clerk an 
original and one copy of a summons containing an affidavit setting forth the 
defendant's last known mailing address, and a copy of the complaint in 
addition to the original. The original summons shall be retained by the clerk. 
 
(b) The clerk forthwith shall mail to the defendant, at the address appearing
in the affidavit, the copy of the summons and complaint, certified or 
registered mail, return receipt requested, showing to whom delivered and the 
date and address of delivery. The summons and complaint shall be mailed on a 
"restricted delivery" basis when service is directed to a natural person. 
The envelope and return receipt shall bear the return address of the clerk, 
and the return receipt shall be stamped with the docket number of the case. 
The receipt for certified or registered mail shall state the name and address
of the addressee, and the date of mailing, and shall be attached to the 
original summons. 
 
(c) The return receipt, when returned to the clerk, shall be attached to the 
original summons, and, if it shows delivery at least 3 days before the day 
for appearance, shall constitute proof of service. 
 
(d) The clerk shall note the fact of service in a permanent record. 

Rule 285. Jury Demands.

A small claim shall be tried by the court unless a jury demand is filed by 
the plaintiff at the time the action is commenced or by the defendant not 
later than the date he is required to appear. There shall be 6 jurors unless 
either party demands 12. A party demanding a jury shall pay a fee of $12.50 
unless he demands a jury of 12, in which case he shall pay a fee of $25, or, 
if another party has previously paid a fee for a jury of 6, $12.50. 

Rule 286. Appearance and Trial.

(a) Unless the "Notice to Defendant" (see Rule 101(b)) provides otherwise, 
the defendant in a small claim must appear at the time and place specified 
in the summons and the case shall be tried on the day set for appearance 
unless otherwise ordered. If the defendant appears, he need not file an 
answer unless ordered to do so by the court; and when no answer is ordered 
the allegations of the complaint will be considered denied and any defense 
may be proved as if it were specifically pleaded. 
 
(b) Informal Hearings in Small Claims Cases. In any small claims case, the 
court may, on its own motion or on motion of any party, adjudicate the 
dispute at an informal hearing. At the informal hearing all relevant evidence
shall be admissible and the court may relax the rules of procedure and the 
rules of evidence. The court may call any person present at the hearing to 
testify and may conduct or participate in direct and cross-examination of 
any witness or party. At the conclusion of the hearing the court shall render
judgment and explain the reasons therefor to all parties. 

Rule 287. Depositions, Discovery and Motions.

(a) No depositions shall be taken or interrogatories or other discovery 
proceeding or requests to admit be used prior to trial in small claims 
except by leave of court. 
 
(b) Motions. Except as provided in sections 2-619 and 2-1001 of the Code of 
Civil Procedure [735 ILCS 5/2-619 and 735 ILCS 5/2-1001], no motion shall be 
filed in small claims cases, without prior leave of court. 

Rule 288. Installment Payment of Judgments.

The court may order that the amount of a small claim judgment shall be paid 
to the prevailing party on a certain date or in specified installments, and 
may stay the enforcement of the judgment and other supplementary process 
during compliance with such order. The stay may be modified or vacated by the
court, but the installment payments of small claims judgments shall not extend
over a period in excess of three years duration. 

Rule 289. Service of Process in Proceedings to Confirm a Judgment by 
Confession or to Collect a Judgment for $5,000.00 or Less.

In proceedings to confirm a judgment by confession or to collect a judgment 
for money, in which the judgment is for $5,000.00 or less, exclusive of 
interest and costs, process may be served in the manner provided in Rule 284.