Circuit Court of Alexander County, Illinois (1st Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Written order or judgment

Must include

certificate of service

Unless the court directs otherwise, the attorney or prevailing party must promptly prepare and present a draft written order or judgment with proof of service on opposing counsel.

Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.

CRITICAL

Applies to

Summons notice or court order setting court date

Summonses, notices, and court orders setting dates with a remote-appearance option must include the Zoom meeting ID and password, courthouse address, and courtroom number.

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.

CRITICAL

Applies to

Motion

If no applicable Standing Order exists, permission to appear remotely must be requested from the presiding judge by written motion.

If there is no applicable Standing Order, you must ask the judge presiding over the case for permission to appear remotely, in a written motion.

CRITICAL

Applies to

Motion

Pre-trial and post-trial motions must be written and served on all parties before filing, except ex parte or emergency motions.

Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing.

CRITICAL

Applies to

Motion

Each pre-trial and post-trial motion must state its factual and legal basis and include or be accompanied by a concise statement citing legal authority the movant wants the court to consider.

Each such motion shall specifically set forth its factual and legal basis. Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

CRITICAL

Applies to

Pleading

The clerk must refuse to file a pleading that is unsigned or is not accompanied by proof of service.

The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.

CRITICAL

Applies to

Motion

Must include

proposed order

Ex parte, emergency, and stipulated motions for agreed orders may be presented without a setting and must include a proposed order.

Ex parte or emergency motions and motions in accordance with stipulations for agreed orders may be presented without a setting. Every such motion shall be accompanied by a proposed order.

CRITICAL

Applies to

Motion for continuance

In cases pending more than 24 months or with trial set to begin within 48 hours, a continuance motion must be personally signed by the requesting attorney’s party unless the judge finds good cause for the missing signature.

In any case which has been pending for more than 24 months, and in any case in which trial is set to commence within 48 hours, any motion for continuance shall be personally signed by the party whose attorney is requesting the continuance, unless the judge is satisfied that good cause for the absence of the party’s signature has been shown.

CRITICAL

Applies to

Summons

A small-claims summons must include the text of Rule 3.1 in its Notice to Defendants.

In small claim cases, the "Notice to Defendants" required on the summons by Supreme Court Rule 101(b)(1) shall set out the text of Rule 3.1.

CRITICAL

Applies to

Petition

A petition seeking an order to show cause for another alleged indirect civil contempt claim must be supported by a Supreme Court Rule 191 affidavit.

Before an order to show cause may issue for any other claim of alleged indirect civil contempt, the petition must be supported by affidavit meeting the requirements of Supreme Court Rule 191.

CRITICAL

Applies to

Notice

Before imposing sanctions on a pro se litigant in the specified civil contempt cases, the court must determine willfulness and provide contempt notice and an opportunity to complete a financial affidavit on Chief Judge-approved forms.

In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.

CRITICAL

Applies to

Judgment

After civil contempt is adjudicated, a written judgment must be promptly prepared and filed specifying the contemptuous conduct, sanctions, and means to purge the contempt.

Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.

CRITICAL

Applies to

Petition

Before approving attorney’s fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition stating the listed information.

Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.

CRITICAL

Applies to

Certificate

Specified criminal discovery disclosures may not be filed with the clerk without prior leave for good cause, and counsel must file a certificate of compliance with discovery orders.

Disclosures made pursuant to Supreme Court Rules 412 and 413, and Sections 114-9 and 114-10 of the Code of Criminal procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders.

CRITICAL

Applies to

Financial affidavits and pre mediation questionnaires

The parties must file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days before the expedited or initial case management conference.

The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference.

CRITICAL

Applies to

Mediation progress report

Unless mediation has already terminated, the mediator must file a report with the Circuit Clerk before the continued case management conference describing mediation progress in general terms.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Mediation conclusion report

Promptly after mediation concludes, the mediator must file the Chief Judge’s form reporting agreed issues or an unsuccessful conclusion, without stating why the parties could not agree.

Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Mediation final report

If the mediator has the stated concerns about a minor’s welfare, safety, or best interests, the final report must recommend appointing a child representative or guardian ad litem.

If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.

CRITICAL

Applies to

Mediation suspension or termination notice

If the mediator suspends or terminates mediation for a reason other than agreement or inability to agree, the mediator must immediately notify the trial judge in writing and state the reason.

The mediator shall immediately advise the trial judge in writing if he or she suspends or terminates mediation for some reason other than agreement or inability to reach agreement, specifying the reason for such termination.

CRITICAL

Applies to

Mediator report

The mediator must file a signed written report stating whether mediation resulted in a full, partial, or no agreement.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator and filed in the court file of the case under mediation within fourteen (14) days after the last day of mediation.

CRITICAL

Applies to

Mediator report

If the parties reach a full agreement, the mediator's report must identify the individuals designated to complete and submit the documents needed to conclude the agreement.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

CRITICAL

Applies to

Mediator report

If the parties reach a partial agreement, the mediator's report must identify resolved and unresolved claims and the individuals designated to complete and submit documents for resolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

CRITICAL

Applies to

Mediator report

If no agreement is reached, the mediator must report that result without comment or recommendation.

If no agreement is reached, the mediator shall so report without comment or recommendation.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties or their agents before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.

CRITICAL

Applies to

Certification for exemption from e filing

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

CRITICAL

Applies to

Order denying exemption from e filing

If good cause for an e-filing exemption is not shown, the court must issue an order stating specific reasons and requiring the litigant to e-file thereafter.

Judges retain discretion to determine whether good cause is shown. If the court determines that good cause is not shown, the court shall enter an order to that effect stating the specific reasons for the determination and ordering the litigant to e-file thereafter.

CRITICAL

The clerk’s electronic file mark on a filed document must identify at least the court, the clerk, and the date and time of filing.

The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the court, the clerk, the date, and the time of filing.

CRITICAL

Applies to

Pleading

Mortgage foreclosure pleadings must accurately state that the Williamson County Circuit Clerk will conduct the sale.

All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.

CRITICAL

Applies to

Proposed order

Attorney-submitted proposed orders must list the submitting attorney’s or law firm’s name, address, phone number, and attorney registration number at the bottom left of the last page.

All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.

CRITICAL

Applies to

Proposed order

A proposed order under Local Rule 1.12 may be presented only after the Court rules and directs a party to submit one, or after an agreement is read on the record and approved by the Court.

Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.

WARNING

Applies to

Motion or answering memorandum

For motions other than summary judgment, a party wishing to present testimony or other evidence, where authorized by law, should indicate that in its motion or answering memorandum.

Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum.

WARNING

Applies to

Answer

The respondent may file an answer no later than three days before the hearing, specifically denying petition allegations and stating affirmative defenses.

No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.

WARNING

Applies to

Continuing education verification

Attendance verification must be submitted to the Office of the Chief Circuit Judge when the attorney attends the course or upon request.

Verification of attendance shall be submitted to the Office of the Chief Circuit Judge at the time of attendance or upon request.

WARNING

Applies to

Child representative information sheet

Each attorney must return the completed Child Representative Information Sheet with a statement or other verification of continuing-education attendance.

Each attorney must complete the Child Representative Information Sheet provided by this circuit and return it with a statement or other verification of attendance at continuing education.

WARNING

Applies to

Parenting education proof of attendance

When specified parenting issues are disputed, all parties must complete an approved parenting-education program and provide proof of attendance to the court.

All parties are required to attend and complete a program of parenting education, when child custody, allocation of parental responsibilities, visitation, or parenting time issues are in dispute. The Chief Judge’s Office shall keep a listing of all programs approved by the circuit judges for this education. Proof of attendance shall be provided to the court by the parties per Supreme Court Rule 924.

WARNING

Applies to

Criminal proceeding record

In criminal proceedings, the defendant has a constitutional right to be present in court at every stage in the proceedings. The judge should make a record at the beginning of the proceeding and inquire whether he defendant is aware of his or her right to be physically present in court and whether he or she is waiving that right.

In criminal proceedings, the defendant has a constitutional right to be present in court at every stage in the proceedings. The judge should make a record at the beginning of the proceeding and inquire whether he defendant is aware of his or her right to be physically present in court and whether he or she is waiving that right.