Madison County Small Claims Court: Defendant Guide to the 3rd Judicial Circuit

The 3rd Judicial Circuit in Edwardsville

Madison County small claims cases are heard in the 3rd Judicial Circuit at the Madison County Courthouse in Edwardsville, on the Illinois side of the St. Louis metro area. The court handles claims up to $10,000 under Supreme Court Rules 281–289.

Madison County publishes its small claims procedures on the county website, including fee schedules and local filing requirements. It's one of the more transparent downstate circuits — but local rules still layer on top of the statewide framework.

Fees

Madison County's fee schedule, set under the Clerks of Courts Act (705 ILCS 105/27.1b):

• Filing fee (claims ≤$2,500): $94
• Filing fee ($2,500–$10,000): $264
• Defendant appearance fee: $0 (the Illinois Supreme Court eliminated small-claims appearance fees effective October 1, 2025)
• Counterclaim fee: Filing fee for a new case in that claim amount

A fee waiver may be available for other fee-bearing filings: full waivers are available at or below 125% of the federal poverty guidelines, and partial waivers apply on a sliding scale up to 200% FPL.

How to Respond

1. Verify the case through the Madison County Circuit Clerk's online portal or by calling the office. Confirm the case number, courtroom, and return date.

2. File an Appearance through eFileIL. If you don't have internet access, use Form EWC 3401 to file in person.

3. Appear on the return date. Under Rule 286(a), no written answer is required unless the judge orders one. Your appearance denies the complaint automatically.

If a properly served defendant misses the return date, the court may enter a default judgment for the amount the plaintiff proves. To seek to vacate it, file a Motion to Vacate under 735 ILCS 5/2-1301(e) within 30 days of the judgment's entry — the standard is "substantial justice," which is more forgiving than the stricter 2-1401 petition used after 30 days.

Zoom Return Dockets

Madison County uses Zoom for initial return dockets. When attending remotely:

• Join the waiting room early
• Set your Zoom display name to your exact legal name as it appears in the case caption
• Stay muted until the judge calls your case
• Don't record the proceeding — recording violates Supreme Court Rule 45

Actual trials are typically held in person at the courthouse. The clerk's office confirms whether your specific hearing is remote or in person.

Mediation

The 3rd Circuit maintains a court-annexed mediation program. Cases are often referred to mediation on the first appearance date. If you reach a settlement, the mediator drafts an Agreed Settlement Order for the judge to sign.

Mediation is confidential — nothing said during the session can be used as evidence if the case proceeds to trial. Participating in mediation doesn't waive your right to a bench trial if negotiations fail.

Preparing for Trial

If the case doesn't settle, it moves to a hearing under Rule 286(b). Madison County trials are bench trials before a circuit judge, with relaxed evidence rules.

Organize three copies of every exhibit. Label each document and arrange them chronologically. Common evidence in Madison County cases includes written contracts, text messages, photos of property damage, repair invoices, and bank statements.

Witnesses testify live and under oath. Subpoena reluctant witnesses under Rule 237, with the mandatory $20/day fee and $0.20/mile mileage tender.

If the claim involves a written contract, make sure you bring the full executed agreement. Under 735 ILCS 5/2-606, a claim based on a written instrument must attach a copy to the complaint or include an affidavit explaining why it is unavailable — if the plaintiff did neither, that's worth raising at the hearing.

Appeals

Appeals from Madison County go to the Fifth District Appellate Court (which also covers nearby St. Clair County). File a Notice of Appeal within 30 days of the judgment under Supreme Court Rules 301–303. This deadline is jurisdictional.

The Illinois Small Claims Response Guide covers every step of the defendant process — from verifying your summons to filing post-decision motions — with printable worksheets for evidence organization and deadline tracking.

See more Illinois guides →