Circuit Court of Boone County, Illinois (17th Judicial Circuit) Document Filing Requirements

CRITICAL

A party or attorney retaining security-risk physical exhibits must file a receipt on a clerk-provided form.

A party or attorney retaining such exhibits shall file a receipt therefor on a form provided by the clerk.

CRITICALCivil cases

Applies to

Motion to employ attorney for receiver

A receiver may employ an attorney only by court order on the receiver’s written motion, which must state the reasons and name the attorney.

An attorney for a receiver shall be employed only upon order of the court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

CRITICALCivil cases

Applies to

Receiver inventory

The receiver’s filed inventory must detail all real and personal estate property and identify what is in the receiver’s possession or control.

No later than thirty (30) days after appointment, the receiver shall file with the court a detailed report and inventory of all property, real and personal, of the estate and shall delineate the property then within the receiver's possession or control.

CRITICALCivil cases

Applies to

Receiver inventory

If no appraisers are appointed, the receiver must investigate the value of all estate property and include the investigated value of each listed item in the inventory.

If appraisers are not appointed, the receiver shall investigate the value of all property of the estate and shall show in the inventory the value of the several items listed as disclosed by the investigation.

CRITICALCivil cases

Applies to

Receiver bond

Bonds with personal sureties require court approval.

Bonds with personal sureties shall be approved by the court.

CRITICALCivil cases

Applies to

Surety schedule of property

Unless the court excuses the requirement, personal sureties must execute and file a schedule of property in a court-approved form.

Unless excused by the court, sureties shall execute and file a schedule of property in a form approved by the court.

CRITICALCivil cases

Applies to

Receiver bond

A bond backed by a licensed surety company may be approved only if its current certified authority is on file with the clerk and verified authority for each person authorized to execute bonds is attached.

Bond with a corporation or association licensed to transact surety business in this state as surety shall be approved only if a current certified copy of the surety's authority to transact business in the state, as issued by the Director of Insurance, is on file with the clerk of the court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

CRITICAL

Applies to

Motion to seal

A motion to seal must be written, presented to the assigned judge with appropriate notice to all parties of record, and explain the basis and proposed duration of sealing.

All motions to seal a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record. The motion must explain the basis for sealing the file, records or documents and specify the proposed duration of the sealing order.

CRITICAL

Applies to

Order on motion to seal

The judge must issue a written sealing order on a form substantially similar to Appendix HH that states the sealed scope, whether party names are removed from the public index, and the sealing duration.

The judge hearing the motion shall enter a written order either granting or denying the request on a form substantially similar to Appendix HH. If the judge grants the motion then the order shall designate whether the entire file, record or document, or only a portion of the entire file, record or document, shall be sealed. The order shall further designate whether an order sealing a file includes removing the parties names from public access to the index and the duration the file is to be sealed.

CRITICAL

Applies to

Motion to impound

A motion to impound must be written, presented to the assigned judge with appropriate notice to all parties of record, and explain the basis and proposed duration of impoundment.

All motions to impound a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record. The motion must explain the basis for impounding the file, records or documents and specify the proposed duration of the impoundment order.

CRITICAL

Applies to

Order on motion to impound

The judge must issue a written impoundment order on a form substantially similar to Appendix HH that states the impounded scope, whether party names are removed from the public index, and the impoundment duration.

The judge hearing the motion shall enter a written order either granting or denying the request on a form substantially similar to Appendix HH. If the judge grants the motion then the order shall designate whether the entire file, record or document, or only a portion of the entire file, record or document, shall be impounded. The order shall further designate whether an order impounding a file includes removing the parties names from public access to the index and the duration the file is to be impounded.

CRITICAL

Applies to

Motion to rescind sealing or impoundment order

Any person or entity may seek rescission of a sealing or impoundment order, whether or not an original party and whether the case is pending or closed, after properly filing an appearance and paying any required filing fee.

A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.

CRITICALCriminal cases

Applies to

Subpoena

A subpoena seeking specified items must display or attach the prescribed compliance legend.

A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the action: YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE DUE DATE TO: COURT ADMINISTRATION OFFICE, WINNEBAGO COUNTY COURTHOUSE, 400 W. STATE STREET, ROCKFORD, ILLINOIS 61101. THE CASE NUMBER SHOULD BE IDENTIFIED ON THE OUTSIDE OF THE ENVELOPE. COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE JUDGE PRESIDING STATED ABOVE.

CRITICALCriminal cases

Applies to

Subpoena

Every subpoena issued under this section must be sent with a certification page containing the prescribed certification and signature fields.

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects and tangible things attached thereto represent full and complete compliance with said subpoena. Date: __________________________________ Signature: ______________________________ Print Name: ______________________________

CRITICALCriminal cases

Applies to

Court assessment waiver application

Criminal-case assessment-waiver applications, except those for Illinois Vehicle Code violations, must use the approved form and include documentation supporting the stated eligibility basis.

Applications for Waiver of Court Assessments pursuant to 725 ILCS 5/124A-20 and Illinois Supreme Court Rule 404 are applicable for all criminal case types, except for violations charged under the Illinois Vehicle Code. The following provisions shall apply: Applications for Waiver of Court Assessments shall be: Submitted using the form specified and approved by the Illinois Supreme Court for such purpose. Supported with the following documentation: If eligibility is based on a household income of less than 400% of the current Federal Poverty Guidelines, then include a copy of a current year-to-date paystub, last year’s W2, last year’s 1099, and/or last year’s tax return; or If eligibility is based on receipt of Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance to Needy Families (TANF), Food Stamps (SNAP), General Assistance, Traditional Assistance, or State Children and Family Assistance, then include a copy of a document showing your current program eligibility.

CRITICALCriminal cases

Applies to

Interim bond distribution motion

A request for interim bond distribution must be made by written motion, with notice to the State, and identify a specific need and amount.

Any request for an Interim Bond Distribution prior to the disposition of the case in which bond has been posted by a defendant shall be in made in a written motion, with notice to the State, identifying a specific need for the pre-disposition release of a specified amount of the defendant’s posted bond. By way of example, specified needs might include: initial installation and monitoring fees associated with a Court’s requirement that a defendant be subject to a SCRAM device; retention of an expert witness in connection with the defendant’s pending case; obtaining a court-ordered evaluation (e.g. substance abuse, mental health, sex offender, etc.).

CRITICALCriminal cases

Applies to

Bond withdrawal motion

Must include

proposed order

A defendant seeking to withdraw posted cash bond must file a motion and obtain an order permitting withdrawal.

Consequently, any defendant seeking to withdraw bond must do so by filing a motion and obtaining an order permitting withdrawal.

CRITICAL

Applies to

Financial affidavit

Financial affidavits must use the single standardized form determined by the Illinois Supreme Court.

A. Pursuant to 750 ILCS 5/501, a single standardized financial affidavit, as determined by the Illinois Supreme Court, shall be used statewide. This form and instructions on how to complete a financial affidavit are available on the Illinois Supreme Court website - http://www.illinoiscourts.gov/Forms/approved/divorce/financial_affidavit.asp.

CRITICAL

Applies to

Pretrial memorandum

Unless the court orders otherwise, each party must complete and sign an Appendix P Pre-Trial Memorandum before the specified pre-trial conference or contested hearing.

Unless otherwise ordered by the court, before a petition for dissolution of marriage, legal separation, or declaration of invalidity proceeds to a pre-trial conference or contested hearing on all issues, a pre-trial conference or contested hearing on remaining issues, or a post-judgment petition proceeds to a pre-trial conference or contested hearing on issues, each party must complete and sign a Pre-Trial Memorandum, as set forth in Appendix P.

CRITICAL

Applies to

Proceeding transcript

Testimony must be recorded in proceedings for entry of a dissolution, legal separation, or invalidity judgment.

In any proceedings for entry of a judgment for dissolution of marriage, legal separation, or declaration of invalidity of marriage, the testimony shall be recorded.

CRITICAL

Applies to

Petition

Parties filing the specified support petitions or responses must complete the Appendix W Child Support Data Sheet and file it with the Circuit Clerk at the time the petition is filed.

Any party filing a petition initiating a Dissolution of Marriage (D), Order of Protection (OP) or Family (F) case in which support is requested, or in a petition to modify an existing order for support in which child support is payable though the Circuit Clerk, and any party filing a response thereto, shall properly complete a "CHILD SUPPORT DATA SHEET," in substantially the same form as provided in Appendix W of the Local Rules, and shall file such Data Sheet with the Circuit Clerk at the time of filing said petition.

CRITICAL

Applies to

Confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules. (See Appendix AA).

CRITICAL

Applies to

Financial mediation submission

For financial mediation, each party’s counsel must submit a brief written summary of pending financial issues to the mediator and opposing counsel at least 21 days before the initial session, and the parties must submit the specified financial materials and any additional documents requested by the mediator.

At or prior to the initial session, the mediator shall, with the assistance of counsel: 1. Determine the issues to be mediated. At least twenty-one (21) days prior to the initial mediation session, counsel for each party shall submit to the mediator and opposing counsel a brief written summary or statement of the pending financial issues. Financial Affidavits, Statement of Assets and Liabilities and other relevant financial information shall be submitted to the Mediator. If a Pre-Trial Memorandum was previously prepared, then copies of the same shall be submitted to the Mediator. In addition, the parties shall provide any additional documentation requested by the mediator.

CRITICAL

Applies to

Notice of court appearance

Protective-order appearance notices must state the appearance time, courtroom, assigned courtroom's Zoom ID, and that parties may appear in person or virtually.

All notices for court appearances related to protective orders shall include the time of the appearance, the courtroom, and the Zoom ID for the assigned courtroom, and indicate parties may appear either in-person or virtually.

CRITICAL

Applies to

Report

Every report required by statute or court order must include the cover sheet set forth in Appendix QQ.

All reports required by statute or by order of court shall be delivered no later than fourteen (14) business days prior to the date of the hearing for which the report is prepared, and shall include a cover sheet as set forth in Appendix QQ.

CRITICAL

Applies to

Report

Caseworkers must attach or include the most recent ACR or Case Service Plan with required reports for abuse, neglect, dependency, or minor requiring authoritative intervention cases; emergency reviews are exempt unless the Court orders otherwise.

All reports required by statute or by court order to be prepared in connection with abuse, neglect, dependency or minor requiring authoritative intervention cases shall also have attached to or included with them the most recent Administrative Case Review (ACR) or Case Service Plan. Emergency reviews are not required to have the ACR or Case Service Plan attached unless ordered by the Court.

CRITICALCivil cases

Applies to

Proposed exhibit list

Unless excused by the court, each party is to present a numbered list of its proposed exhibits at the final pre-trial conference in a jury case.

6. A numbered list of each party’s proposed exhibits.

CRITICALCivil cases

Applies to

Settlement conference case summaries and memoranda

Settlement-conference case summaries and memoranda submitted to the judge must be shared with all parties of record unless all parties agree in writing to confidential submission.

Case summaries and memoranda submitted to the judge prior to the settlement conference are to be shared with all parties of record unless all parties agree in writing that such material may be submitted to the judge confidentially.

CRITICALCivil cases

Applies to

Motion in limine

Unless excused by the court, motions in limine with citations to authorities are to be filed 14 days before the final pre-trial conference in a jury case.

1. Motions in Limine with citations to authorities (to be filed 14 days prior to the pretrial conference);

CRITICALCivil cases

Applies to

Response to motion in limine

Unless excused by the court, responses to motions in limine with citations to authorities are to be filed 7 days before the final pre-trial conference in a jury case.

2. Responses to Motions in Limine with citations to authorities (to be filed 7 days prior to the pretrial conference);

CRITICALCivil cases

Applies to

Proposed jury instructions

Unless excused by the court, proposed jury instructions are to be presented at the final pre-trial conference in a jury case.

3. Proposed jury instructions;

CRITICALCivil cases

Applies to

Statement of the case

Unless excused by the court, a short statement of the case giving prospective jurors a basic understanding of the case is to be presented at the final pre-trial conference in a jury case.

4. A short Statement of the Case sufficient to give prospective jurors a basic understanding of the type of case involved;

CRITICALCivil cases

Applies to

Witness list

Unless excused by the court, a collaborative witness list of all persons who may testify for any party is to be presented at the final pre-trial conference in a jury case.

5. A collaborative witness list (listing all persons who may testify for any party);

CRITICALCivil cases

Applies to

Brief

Factual references in briefs must be supported by specific citations to the record.

Factual references in the brief shall be supported by specific references to the record.

CRITICALCivil cases

Applies to

Brief

In administrative appeals, references in briefs must identify the page number of the administrative record.

On administrative appeals, references shall be made to the page number of the administrative record.

CRITICAL

Applies to

Clerk minute entry

Dismissals under this section must be recorded in the clerk’s minute entry using the specified text and state code 212.

Such dismissals shall be noted in the clerk's minute entry as "Dismissed superseded by indictment or information" by using state code 212.

CRITICAL

Applies to

Clerk minute entry

Dismissals under this section must be recorded in the clerk’s minute entry using the specified text.

Upon the filing of an Amended Delinquency Petition or an Amended Juvenile Petition to Revoke Probation, any previous delinquency or revocation petitions reflected by charges included on the amended petition are dismissed unless otherwise ordered by the judge to which the case is assigned. Such dismissals shall be noted in the clerk's minute entry as "Dismissed superseded by amended petition to revoke probation".

CRITICAL

Applies to

Maintenance worksheet

A maintenance worksheet is required whenever maintenance is ordered.

Maintenance worksheet. Required in all cases where maintenance is ordered.

CRITICAL

Applies to

Exhibit

Each exhibit must have a cover page identifying the submitting party, exhibit number, description, page number, and case number; a single exhibit’s cover page must also state the hearing date.

Each exhibit shall be labeled. This shall be done through a cover page and shall include the submitting party, Exhibit number, short description, page number and case number: For example: “Plaintiff’s Ex. 1: Plaintiff’s Paystubs – Page 1 of 2– 2012D125”. If an Exhibit List is not submitted because just one exhibit is being presented, the date of the hearing must also be included in the cover page.

CRITICAL

Applies to

Exhibit list

An exhibit list is required when more than one exhibit is filed.

An Exhibit List is required if more than one Exhibit is filed.

CRITICAL

Applies to

Exhibit list

Exhibit lists must state the case number, hearing date, submitting party, and each exhibit number with a short description.

Exhibit lists shall include the case number, the hearing date that the exhibits are being produced for, the submitting party, and list each number of each exhibit with a short description of the exhibit.

CRITICAL

Applies to

Non documentary electronic video evidence or physical media

Non-documentary electronic video evidence and physical media may not be submitted to the court without advance approval.

Non-documentary electronic video evidence or physical media (such as video or audio recordings on thumb drives, DVDs, external hard drives) shall not be submitted to the court without advanced approval.

CRITICAL

Applies to

Proposed judgment for dissolution of marriage

Must include

proposed order

A proposed judgment for dissolution of marriage is required in every prove-up case.

Proposed Judgment for Dissolution of Marriage.* Required for all cases.

CRITICAL

Applies to

Certificate of dissolution of marriage

Every prove-up case requires four copies of the Certificate of Dissolution of Marriage, each labeled for its receiving entity.

Certificate of Dissolution of Marriage.* (4 Copies, each labeled to designate the appropriate entity that will be receiving the document). Required for all cases.

CRITICAL

Applies to

Proposed parenting plan

A proposed parenting plan is required for prove-up cases involving children under 18.

Proposed Parenting Plan.* Required for all cases with children under 18.

CRITICAL

Applies to

Order of support

An order of support with a worksheet is required whenever maintenance or child support is ordered.

Order of Support with worksheet.* Required in all cases where maintenance or child support is ordered.

CRITICAL

Applies to

Child support worksheet

A child support worksheet is required in every case with children under 18 or children who are still in high school.

Child Support worksheet. Required in all cases where there are children under 18 or still in high school.

CRITICAL

Applies to

Pact certificate

In prove-up cases involving children under 18, parents must complete the PACT Program and provide the required PACT certificates.

PACT Certificates. Required in all cases where there are children under 18. Parents with children under 18 must complete the PACT Program.

CRITICAL

Applies to

Pact program completion proof

Proof of PACT Program completion must be filed before the hearing.

Proof of completion must be filed before the hearing.

CRITICAL

Applies to

Educational program completion certificate

A certificate of program completion must be submitted to the court or filed with the Circuit Clerk before the specified final or modifying custody-related order is entered.

A certificate of program completion shall be submitted to the court or filed with the Circuit Clerk prior to the entry of the final custody order or final judgment of dissolution of marriage or, if ordered by the court, before the entry of any order modifying a previously entered order establishing the parties' rights with respect to custody and visitation.

CRITICAL

Applies to

Civil action

In every civil action, the ad damnum must use one of the listed amount statements.

In all civil actions, the ad damnum shall be stated in one of the following ways: "... not in excess of $250.00" "... over $250.00 but not more than $500.00" "... over $500.00 but not more than $1,500,00" "... over $1,500.00 but not more than $2,500.00 " "... over $2,500.00 but not more than $5,000.00" "... over $5,000.00 but not more than $15,000.00" "... over $15,000.00 but not more than $30,000.00" "... over $30,000.00 but not more than $50,000.00" "... over $50,000.00"

CRITICAL

Applies to

Agreed order

An order agreed to by all parties must be titled “Agreed Order” or include those words, and that title represents counsel’s agreement to its form, substance, and entry.

Where all parties have agreed to the entry of an order, the title of the order submitted shall be, or shall include the words, “Agreed Order.” The Court will accept the titling of an order as “Agreed” as a representation from counsel, consistent with Rule of Professional Conduct 3.3, that all parties/counsel have agreed to the form, substance, and entry of the order.

CRITICALCivil cases

Applies to

Petition

A representative, attorney-in-fact, or assignee must submit a court-prescribed petition for leave to receive a distribution.

The representative or attorney-in-fact or assignee shall present a petition for leave to receive the distribution in a form prescribed by the court.

CRITICALCivil cases

Applies to

Power of attorney or assignment

A power of attorney or assignment must be signed, authenticated, and acknowledged before the American Consul, unless the court accepts other evidence of its validity.

Each power of attorney or assignment shall be signed by the distributee and properly authenticated, and acknowledged before the American Consul of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence relating to the genuineness of the validity of the power of attorney or assignment.

CRITICALCivil cases

Applies to

Receipt

The representative or attorney-in-fact must provide a written receipt certifying that their authority has not been revoked, and the receipt and certificate must be filed with the legal representative’s vouchers.

The representative or attorney-in-fact shall acknowledge to, in writing, receipt of the distributive share received from the legal representative, and shall certify on said receipt that authority to receive the distributive share as described in (i) has not been revoked. The said receipt and certificate shall be filed with the legal representative's vouchers.

CRITICALCivil cases

Applies to

Voucher or receipt

The representative, attorney-in-fact, or assignee must produce and file the county treasurer’s voucher or receipt evidencing deposit of the distributive share.

Presentation of voucher or receipt of the county treasurer, evidencing the deposit of said distributive share, shall be produced and filed in the court by the representative or attorney-in-fact or assignee, who whereupon shall then be discharged from further duty.

CRITICALCivil cases

Applies to

Affidavit

If the attorney-in-fact is neither the estate’s attorney nor an attorney, the attorney representing them must file an affidavit undertaking to supervise distribution of the funds.

When an attorney-in-fact, authorized to receive the distributive share of the distributee, is not the attorney for the estate and is not an attorney, the attorney (affiant) representing the attorney-in-fact, shall file an affidavit, stating that the affiant will properly supervise the distribution of funds in the hands of the attorney-in-fact.

CRITICALCivil cases

Applies to

Settlement petition

Each covered settlement petition must be executed by the legal representative and include the information specified in Rule 15.03(a).

a. Each petition for leave to settle a cause of action for personal injuries sustained by a minor or disabled person, a wrongful death action, or an action under the Survival Statute (755 ILCS 5/27-6) shall be executed by the legal representative of the estate of the minor, or disabled person or decedent and shall recite:

CRITICALCivil cases

Applies to

Settlement petition

A minor or disabled person’s personal-injury petition must include a physician’s certificate or letter dated within 30 days describing the injuries, prognosis, and estimated future-care costs.

In minor's or disabled person's personal injury cases, a current medical certificate or letter executed by the attending physician dated within thirty (30) days stating the nature and extent of the injuries sustained by the minor or disabled person and the doctor's prognosis for the minor or disabled person and estimated cost of future care.

CRITICALCivil cases

Applies to

Sworn petition

In a minor or disabled person’s injury case, the attorney must include employment terms and supporting contracts or correspondence, plus an itemized statement of services, in a sworn petition.

In minor's or disabled person's injury cases, the attorney representing the legal representative of the minor or disabled person in a sworn petition shall include: Terms of employment, with copy of all contracts or correspondence verifying same. Itemized statement of services rendered in conformity with Rule 15.10.

CRITICALCivil cases

Applies to

Settlement approval order

A settlement approval order must provide for distribution of the settlement funds and filing with the court of vouchers evidencing receipt, within the time set by the court.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers which evidence receipt of any portion of the fund with the court within a time prescribed by the court.

CRITICALCivil cases

Applies to

Settlement funds

Settlement funds received for a minor or disabled person must be deposited in a court-approved financial institution and may not be withdrawn without court approval.

When any settlement funds are to be received by a parent or legal representative on behalf of a minor or disabled person, such funds shall be required to be deposited in an account in a financial institution approved by the court for the benefit of the minor or disabled person, and shall not be withdrawn without approval by court order.

CRITICALCivil cases

Applies to

Voucher

The court must continue the case to a specific date for filing the financial institution’s receipt voucher and a copy of the settlement approval order.

The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed which acknowledges receipt of the funds and a copy of the order of the court approving settlement.

CRITICALCivil cases

Applies to

Settlement approval order

The settlement approval order must appoint a guardian for the minor’s or disabled person’s estate and require the guardian to file a bond until the funds are properly deposited.

The order entered approving settlement shall provide for the appointment of a guardian for the minor's or disabled person's estate and shall require the appointed guardian to file a bond pending proper deposit of the minor's or disabled person's funds in the financial institution approved by the court.

CRITICALCivil cases

Applies to

Settlement funds

If the bond is waived, the attorney representing the minor or disabled person is personally responsible for depositing the funds as required by paragraph (f).

In such instances, the attorney representing the interest of the minor or disabled person shall have personal responsibility for depositing the funds in the approved financial institution in accordance with the requirements of paragraph (f) above.

CRITICALCivil cases

Applies to

Notice

Account-hearing notice must state the hearing’s time, place, and nature and substantially include the specified binding-effect sentence.

The notice shall contain the time, place, and nature of the hearing and substantially the following sentence: "If the account is approved by the court after the hearing, in the absence of fraud, accident, or mistake, the account as approved is binding upon all persons to whom this notice is given".

CRITICALCivil cases

Applies to

Account

At presentation of the final account, the guardian must establish the stated assets, and each account must include the specified information about the minor or disabled person, according to the guardian’s role.

At the time of presenting the final account, the guardian shall establish to the court's full satisfaction, the existence of the assets stated; and each account of: a guardian of the estate shall state the place of residence, physical and mental condition of the minor or disabled person, and a guardian of the person shall state the place of residence and the fact as to attendance at school or occupation of the minor or disabled person.

CRITICALCivil cases

Applies to

Proof of notice

Proof of account-hearing notice must be filed with the clerk on or before the hearing date.

Proof of such notice shall be filed with the clerk of the court having jurisdiction of the probate or guardianship estate on or before the date of the hearing.

CRITICALCivil cases

Applies to

Current account

Each current account must disclose pending claims, suits, or proceedings involving the estate or its representative and, for a decedent’s estate, any other reason preventing final distribution and termination.

Each current account shall disclose to the court the pendency of any claim, suit, or proceeding by or against the estate or representative of the estate and in estates of deceased persons any other reason, which prevents final distribution and termination of the estate.

CRITICALCivil cases

Applies to

Final account

A final account may not be approved unless it states that claims have been resolved or insolvency found, applicable federal and Illinois estate taxes have been paid or provided for, and distribution has been or will be made as required.

No final account of any estate shall be approved unless the account states that: All claims files have been allowed and paid or dismissed, unless there is a finding of insolvency; The federal estate taxes and Illinois estate taxes, if any, have been paid or provided for; and Distribution has been or will be made as provided in Rules 15.09 and 15.10.

CRITICALCivil cases

Applies to

Account

Each account asset must be identified by its number in the inventory, supplemental inventory, or prior account where it first appeared, unless a mechanized accounting system prepares and controls the account.

Each asset listed in a account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears, except that this requirement is waived if the account is prepared and controlled by a mechanized accounting system.

CRITICALCivil cases

Applies to

Fee petition

Fees in a minor’s or disabled person’s estate are allowed upon presentation of a petition as required for a deceased person’s estate, unless the court waives those requirements.

Fees shall be allowed in estates of minors or disabled persons upon a petition being presented as in an estate of a deceased person, unless such requirements are waived by the court.

CRITICALCivil cases

Applies to

Order

The order closing the estate and discharging the legal representative must be written and may be prepared in draft form and submitted by the representative or the representative’s attorney.

The order closing an estate and discharging the legal representative shall be in writing and may be prepared in draft form and submitted by the legal representative of the estate or by the representative's attorney.

CRITICALCivil cases

Applies to

Petition

After distribution and discharge, an estate may be reopened only to administer newly discovered assets or an unsettled portion, and only upon filing a verified petition.

When an estate has been distributed and the legal representative discharged, the estate may be reopened to permit administration of newly discovered assets or of an unsettled portion of the estate and for that purpose only upon the filing of a verified petition therefore.

CRITICALCivil cases

Applies to

Bond

A new bond based on the value of the newly discovered assets or unsettled portion must be furnished unless the court waives it.

A new bond shall be furnished based on the value of the newly discovered assets or the unsettled portion of the estate, unless waived by the court, in accordance with the Probate Act.

CRITICALCivil cases

Applies to

Written order or judgment

The written order or judgment must be prepared by the prevailing party unless the judge directs otherwise.

Be prepared by the prevailing party or as the judge directs;

CRITICALCivil cases

Applies to

Written order or judgment

Must include

judge name

The written order or judgment must identify the judge and preparer and include the specified preparer contact and identification information, if applicable.

State the judge's name, bear the legend "PREPARED BY:______________", followed by the name, Winnebago County circuit clerk's attorney identification number, if applicable, address, and telephone number of the preparer;

CRITICALCivil cases

Applies to

Written order or judgment

The written order or judgment must bear the specified endorsement and each endorser’s signature and identifying information; multiparty suits may use counterpart endorsements.

Be endorsed as "READ BY UNDERSIGNED" by all parties of record or their counsel. Endorsement shall be by signature of endorser, not simply by initials, and shall be made over the typewritten or legibly printed name, address and phone number of endorser;

CRITICALCivil cases

Applies to

Written order or judgment

If no motion or notice is filed within twenty-one (21) days of the oral ruling or judgment, the preparer may submit the order or judgment with proof of timely service, and the clerk shall send it to the judge for signature after confirming no objection was filed, even without all endorsements.

If no motion or notice is filed within twenty-one (21) days of the oral ruling or judgment, the preparer may submit the order or judgment to the clerk with a proof of service reflecting that all parties of record were served with true copies of the order or judgment within seven (7) days of the oral ruling and the clerk, after confirming that no motion or notice objecting to the order or judgment have been filed, shall submit the order to the judge for signature even though the order shall be lacking endorsement by one or more of the parties.

CRITICAL

Applies to

Electronic document requiring original signature

A person filing an electronically filed document that requires an original signature must possess the original and certifies possession by filing.

Original signed documents must exist in the filing person’s possession, and anyone who files an electronic document that requires an original signature certifies by so filing that they do indeed have the original signed document.

CRITICAL

Applies to

Electronically filed original signed document

Unless the Court orders otherwise, the filing party must maintain and preserve electronically filed originals containing original signatures.

Unless otherwise ordered by the Court, the filing party shall maintain and preserve all original documents containing original signatures that are filed electronically.

CRITICAL

Applies to

Original signed document

Signed originals must be made available for inspection after five days’ notice from the Court, Clerk, or other counsel in the case.

Those signed originals shall be made available for inspection by the Court, the Clerk of the Circuit Court, or by any other counsel in the case upon a notice of five days.

CRITICAL

Applies to

Document required to be maintained and preserved

Documents subject to maintenance and preservation must be retained electronically or on paper for one year after the appellate process period ends.

All documents that are required to be maintained and preserved must be kept either in electronic or paper format for one year after the appellate process period has been completed.

CRITICAL

Applies to

Motion for leave to file under seal

A motion for leave to file under seal must explain how the document satisfies the legal standards for sealing.

The motion must include an explanation of how the document meets the legal standards for filing sealed documents.

CRITICAL

Applies to

Electronically filed pleading or document

Must include

caption, case number

Each electronically filed pleading or document must state the case title, case number, and nature of the filing.

Additionally, each electronically filed pleading and document shall include the case title, the case number, and the nature of the filing.

CRITICAL

Applies to

Electronically filed document

Each electronically filed document must include the filer’s typed name, email address, mailing address, and telephone number.

Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro-se party filing such document.

CRITICAL

Applies to

All documents filed by attorney

Attorneys must include their ARDC number on every document.

Attorneys shall include their ARDC Number on all documents.

CRITICAL

Applies to

Electronically filed evidentiary materials

A party electronically filing evidentiary materials must include an index listing each item and identifying the related paper.

A party electronically filing evidentiary materials must include an index listing each item of evidence and identifying the related paper.

CRITICAL

Applies to

Trial memorandum

In jury cases, the plaintiff’s attorney must submit a brief trial memorandum when the case is called for trial and furnish a copy to opposing counsel.

In jury cases to assist the court in its voir dire examination of jurors under Supreme Court Rule 234, plaintiff's attorney shall submit to the court at the time the case is called for trial a brief trial memorandum and furnish a copy to opposing counsel who may suggest amendments thereto.

CRITICAL

Applies to

Trial memorandum

If counsel considers a statute’s or rule of law’s application or interpretation particularly significant, counsel must bring it to the court’s attention in writing in the trial memorandum or at the pre-trial conference.

If the application or interpretation of a statute or rule of law is deemed of particular significance by counsel for any party, counsel shall call the court's attention to the same in writing either in the trial memorandum or at the pre-trial conference.

CRITICAL

Applies to

Proposed order

Proposed orders resulting from remote proceedings must comply with the cited rules and include the applicable hearing-date or agreed-order filing description.

Proposed Orders resulting from remote proceedings shall comply with General Order 9.14 and Local Rule 8, and shall be submitted with the following details:

CRITICAL

Applies to

Complaint

In all Winnebago and Boone County cases where a complaint is to foreclose a mortgage on residential real estate (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation

In all Winnebago and Boone County cases where a complaint is to foreclose a mortgage on residential real estate (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation

CRITICAL

Applies to

Complaint

In residential foreclosure cases, plaintiffs must attach a substantially compliant Notice of Mediation to the complaint and serve it with the complaint.

Plaintiffs shall also use a Notice of Mediation attached in substantially the form set forth as Exhibit FM-2. The Notice of Mediation shall be attached to, and served with, the complaint served upon the homeowner/borrower (hereinafter referred to as the “Homeowner”).

CRITICAL

Applies to

Affidavit

At judgment prove-up in a residential foreclosure case subject to mediation, the plaintiff must submit an affidavit confirming service compliance, expiration of the participation deadline, and that no program stay applies.

In all residential foreclosure cases filed as “Subject to mediation” (as described in Section A), there shall be a mediation check as part of the judgment prove-up process. In addition to all other items required by the court for the judgment prove up, the plaintiff shall submit an Affidavit to the court representing that it has complied with the Proof of Service requirement (described in Section E), that the applicable deadline for mediation participation (described in Section K) has passed, and that the matter is not stayed due to participation in the Mediation Program (as described in Section N).

CRITICAL

Applies to

Complaint

An eviction plaintiff must attach a substantially compliant “Eviction Court: Additional Information” form to the complaint and serve it with the complaint.

Plaintiff shall use “Eviction Court: Additional Information” in substantially the form set forth in Appendix RR-3. Plaintiff shall attach “Eviction Court: Additional Information” form shall be attached to, and served with, the complaint.

CRITICALCivil cases

Applies to

Motion

Each motion must identify the relief sought and the legal authority relied on, and the court may strike a motion that omits that authority.

The title of each motion shall specifically indicate the relief sought. The title of the motion or its introductory paragraph shall also specify the statutory section(s) and subsection(s), section(s) of the Code of Civil Procedure, Supreme Court Rule(s), Local Rule(s), prior court order(s) and/or other legal authority relied upon in support of the relief requested in the motion. The court may, at its discretion, strike any motion which does not specify the legal authority upon which the motion and its request for relief is based.

CRITICALCivil cases

Applies to

Notice of hearing

Must include

judge name, case number

A hearing notice must identify the action, assigned judge, and hearing date and time, and must be served with the motion or a statement that the motion was previously served.

The notice of hearing shall show the title and number of the action, the name of the assigned judge to whom the motion is to be presented, and the date and time of the hearing. A copy of the motion or a statement that it has previously been served shall be served with the notice.

CRITICALCivil cases

Applies to

Motion for judgment

For a presentment date on a motion for judgment in a foreclosure case, the listed motions and supporting documents must be on file, including the specified signature, service, affidavit, and fee-support requirements.

With specific regard to motions for judgment (e.g., default or summary judgment), a party seeking a presentment date from the Clerk must have the following documents on file with the Circuit Clerk.: 1.All motions to be noticed for presentment, signed by an attorney as required by Supreme Court Rule 137 (with the name legibly printed, typed, or stamped to identify the signature); 2. Proof of service on any defendant who is the subject of a motion for default; 3.Affidavit of Military Service with attached U.S. Department of Defense website printout (current within six (6) months) for any defendant who has not appeared; 4. Signed affidavit of proving up amounts due; 5. Affidavit of attorney’s fees and costs (fees sought in excess of $2,500 must be supported by a time and task affidavit); and 6. Illinois Supreme Court Rule 114 Loss Mitigation Affidavit, if applicable.

CRITICALCivil cases

Applies to

Appearance or pleading

Every appearance or pleading must identify the preparing party or counsel with the listed contact information and, when applicable, the attorney identification number, and must be signed by an individual attorney.

Every appearance or pleading shall contain the legible name, Winnebago County Circuit Clerk's attorney identification number if applicable, address, telephone number and email addressof the preparing party, or the attorney, if represented by counsel, and must be signed by an individual attorney.

CRITICALCivil cases

Applies to

Fee notice

Each fee notice must direct the litigant to the office where payment is to be made.

Each notice shall direct the litigant to the office in which payment is to be made.

CRITICALCivil cases

Applies to

Residential eviction case

In residential eviction cases, plaintiffs must include the specified rental assistance notices in English and Spanish.

In residential eviction cases, plaintiff shall include the Court-Based Rental Assistance Program notices in English and Spanish, in substantially the form set forth in M.R. 32420.

CRITICALCivil cases

Applies to

Residential eviction summons

The rental assistance notices must be attached to each residential eviction summons.

attached to each residential eviction summons

CRITICALCivil cases

Applies to

Filing

The rental assistance notices must be included with filings to the Clerk of the Circuit Court in residential eviction cases.

included with filings to the Clerk of the Circuit Court.

WARNINGCivil cases

Applies to

Receiver report

The court may order the receiver to file other special reports.

Other special reports may be ordered by the court.

WARNINGCivil cases

Applies to

Receiver appraiser appointment

Appraisers for a receiver may be appointed only by court order or by party agreement approved by the court.

Appraisers for a receiver may be appointed only upon order of court or agreement of the parties with the approval of the court.

WARNINGCriminal cases

Applies to

Court assessment waiver application

At sentencing, the judge may consider a waiver application without additional notice and may use oral examination instead of supporting documentation.

The judge presiding over the case may address an Application for Waiver of Court Assessments at the time of sentencing without any additional notice, and may elect to proceed on oral examination of the defendant in lieu of any supporting documentation as provided in Paragraph A(2) above.

WARNINGCriminal cases

Applies to

Pre disposition bond distribution request

Counsel should not routinely submit scratch orders for pre-disposition bond distributions toward attorney fees; such requests require a written motion.

Counsel shall not routinely tender, and Courts shall not routinely accept and sign, “scratch orders” for pre-disposition distribution of a defendant’s posted bond to counsel as full or partial payment for the defendant’s attorneys’ fees. Any request for pre-disposition distribution for that purpose is subject to the filing of a written motion as set forth in Paragraph D, above, of this General Order 2.14.

WARNING

Applies to

Prove up packet document

Orders and documents submitted under the prove-up packet procedure must use the specified prove-up filing description.

Orders and Documents submitted pursuant to Section D. below, shall include the Filing Description of “[Prove Up Date] Prove Up [Name of Document]”.

WARNING

Applies to

Electronic video or physical evidence submission

Parties submitting such evidence must include a self-addressed stamped envelope for its return if it is not presented at the hearing.

The parties shall include a self-addressed stamped envelope for the return of such evidence in the event that the evidence is not presented at hearing.

WARNING

Applies to

Order resulting from court hearing

An order resulting from a prior hearing must use the specified filing description and state the date of that hearing.

Orders submitted as a result from a previously held court hearing shall include the Filing Description of “[Hearing Date] Order Resulting from Court”. The order shall also state the date of the hearing the orders results from.

WARNING

Applies to

Agreed order

Agreed orders must use the filing description “Agreed Order.”

Agreed Orders shall include the Filing Description of “Agreed Order”.

WARNING

Applies to

Guardian ad litem petition for compensation

A GAL’s compensation petition in a custody or visitation case must substantially comply with the specified form and include the information and sworn statement set out in that form.

A Petition for Compensation filed by a GAL in a case involving custody or visitation issues shall be in substantial compliance with the following format:

WARNING

Applies to

Supplemental form cover page

The Supplemental Form Cover Page must include a notice describing the notification process and timeframe and providing case-specific instructions.

The Supplemental Form Cover Page shall contain a Notice to the Applicant which sets forth the process and timeframe by which the Circuit Clerk will notify the applicant of the ruling on the application and provide case specific instructions.

WARNING

Applies to

Proposed order

A proposed order should be titled “Order” when it memorializes a judge’s ruling after circulation for approval as to form, or concerns a matter for which the judge has agreed to receive a pre-ruling order in advance.

A proposed order should be titled “Order” if it fits into one of the following two categories: The order memorializes a ruling made by a judge, and it has been circulated to the other parties for approval as to form pursuant to Local Rule 8. The order relates to a matter on which the party intends to seek a ruling from the Courtif the judge has indicated a willingness to receive such pre-ruling orders in advance.

WARNING

Applies to

Order

An order rescheduling a court date, or rendering a future court date unnecessary, should specifically strike the unnecessary date.

An order rescheduling a court date, or rendering a future court date unnecessary, should specifically strike the unnecessary date.

WARNINGCivil cases

Applies to

Bond

The court may waive the guardian’s bond requirement if it finds waiver to be in the estate’s best interest.

The requirement of a bond to be filed by the guardian of the minor's or disabled person's estate may be waived when the court finds it is the best interest of the minor's or disabled person's estate.

WARNINGCivil cases

Applies to

Certificate

In the event that the account is presented by a bank or trust company, the court shall waive the requirement of the exhibiting of the necessary vouchers for disbursements, other than distributions, upon presentation of a certificate, signed by an official of the bank or trust company stating that the voucher covering the disbursements in the account presented are filed with the bank or trust company.

In the event that the account is presented by a bank or trust company, the court shall waive the requirement of the exhibiting of the necessary vouchers for disbursements, other than distributions, upon presentation of a certificate, signed by an official of the bank or trust company stating that the voucher covering the disbursements in the account presented are filed with the bank or trust company.

WARNING

The court may impose costs, mediator fees, or attorney fees on a party who fails to attend mediation without good cause, upon motion.

If a party fails to appear at a duly noticed mediation conference without good cause, the court upon motion may impose sanctions, including an award of mediator and attorney fees and other costs, against the party failing to appear.

WARNING

Applies to

Interpreter request form

An LEP party needing interpretation for 15 minutes or less must complete an Interpreter Request Form for each appearance.

Any limited English proficient (LEP) party requiring the assistance of interpreting services for a duration of fifteen minutes or less shall complete an Interpreter Request Form available under “Available Resources” at 17thcircuit.illinoiscourts.gov (lower right of “home” page) for each court appearance.

WARNING

Each side must give the mediator a brief written case summary and list of issues at least seven days before the conference.

At leastseven(7)days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party.

WARNING

The mediation summary must include occurrence facts, liability views, damages and injury information, settlement offers or demands, and participant names.

The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

WARNING

Applies to

Notice

Summonses, notices, and court-date orders offering remote appearances must include the specified county-dependent meeting and courthouse information.

All summonses, notices and court orders setting court dates where participants have the option to appear remotely shall include the following:

WARNING

Non-documentary video evidence and physical media require advance court approval before submission.

Non-documentary electronic video evidence or physical media (such as video or audio recordings on thumb drives, DVDs, external hard drives) shall not be submitted to the court without advanced approval.

WARNING

Applies to

Complaint

A complaint seeking foreclosure of non-residential property must state “Not subject to Mediation” below the title.

In any complaint seeking foreclosure of property other than residential real estate as described above, the plaintiff shall include the following on the complaint, below the title: "Not subject to Mediation."

WARNING

Applies to

Proof of service

Proof of service must identify each served party and the date, location, and method of service.

Proof of service shall at a minimum identify the names of the served parties and provide the dates, locations, and methods of service for each.

WARNING

Applies to

Amended complaint

A plaintiff seeking to change a case from subject to mediation must obtain leave to file an amended complaint stating that it is not subject to mediation.

If the plaintiff believes that the property in a residential foreclosure case no longer meets the definition of residential real estate set forth in 735 ILCS 5/15-1219 after filing the complaint as “Subject to mediation” (as described in Section A), the plaintiff shall request leave from the court to file an amended complaint that clarifies the case as “Not subject to mediation.”

WARNING

The homeowner, plaintiff's counsel, and a plaintiff representative with full decision-making authority must attend every mediation session and mediation management conference.

The Homeowner, Plaintiff’s counsel, and a representative from the plaintiff with the full authority to make decisions on the case are required to attend all mediation sessions and mediation management conferences.

WARNING

Applies to

Jury instructions

Submit one unmarked set suitable for the jury and a second set marked with the party designation, instruction number, supporting authority, and the specified disposition checkboxes.

The first set of instructions shall be unmarked in a form suitable for submission to the jury. The second set of instructions shall be marked in advance in the following manner: the party's designation and instruction number, the I.P.I. number or citation to legal authority supporting the giving of the instruction, and the words "Given", "Withdrawn" and "Refused", followed by an underlined area to be checked, if appropriate.

WARNING

Applies to

Fee petition

After approval, a copy of the fee petition and invoice bearing a unique invoice number must be submitted to the appropriate Trial Court Administration Office.

Once approved, a copy of the Fee Petition and invoice, with an unduplicated invoice number from the attorney’s office, shall be submitted to the respective Trial Court Administration Office:

WARNING

Applies to

Fee petition

Fee petition titles must identify their sequence, and petitions must also comply with General Order 4.06 when applicable.

Fee Petitions shall be named to indicate whether it is the first petition for fees, second petition for fees, and so on. When applicable, Fee Petitions shall also conform to General Order 4.06.

WARNING

Applies to

Fee petition invoice

Time for work spent performing a service should be reported in tenths of an hour (.1);

Time for work spent performing a service should be reported in tenths of an hour (.1);

WARNING

Applies to

Fee petition invoice

Each task must be listed as a separate invoice entry.

Each task performed must be reflected separately;

WARNING

Applies to

Fee petition invoice

Invoice entries must provide sufficient specific detail for meaningful review, subject to ethical duties and work-product protection.

Without violating Canons of Ethics or disclosure of attorney work product, entries must include specific detail to permit meaningful review including, but not limited to: specifying identifying information for witness interviews, identification of participants in telephone conversations or conferences and topic discussed, specific topics researched, identification of documents reviewed, identification of documents prepared including the number of pages and an explanation sufficient to explain their relevance to the case;

WARNING

Applies to

Fee petition invoice

Each invoice must clearly separate in-court time from out-of-court time.

In-Court time and Out-of-Court time shall be clearly delineated on each invoice.

WARNING

Applies to

Transcript fee request

County transcript-fee payment requests must include the Transcript Request Form, appointment order, and payment order, and the form must identify the record portion requested.

Requests for payment by the County for transcript fees shall submit the following to the Supervisor of Court Reporters for the 17th Judicial Circuit: the Transcript Request Form, a copy of the Appointment Order, and a copy of an order specifying that the costs of the requested transcript is to be paid by the County. The Transcript Request Form shall be specific as to what portion of the record is sought.

WARNING

Applies to

Program intake

Referred parties must complete program intake before or at their first court appearance.

Referred partieswill be required to complete an intake for enrollment with the Program Coordinator or her designee before or at the first court appearance.

INFOCivil cases

Applies to

Receiver report

The court may prescribe the forms used for receiver reports.

The court may prescribe forms to be used for reports of a receiver.

INFO

Applies to

Motion to rescind sealing or impoundment order

The motion should use the title matching whether the requested order concerns sealing or impoundment.

b. The motion should be titled "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File", whichever is more appropriate.

INFO

Applies to

Interpreter request form

Court personnel, attorneys, and service providers who know an interpreter is needed are encouraged to submit an Interpreter Request Form.

Court personnel, attorneys, or service providers aware of the need for an interpreter are encouraged to complete an Interpreter Request Form.

INFOCivil cases

Applies to

Motion for judgment

The Clerk may decide to give a presentment date even when the foregoing filing requirements have not been met.

The Clerk is authorized to decide to give a presentment date where the foregoingrequirementsare not complied with.

INFOCivil cases

Applies to

Written notice

A judge who extends the deadline for an answer or written appearance is encouraged to use a written notice in the specified form.

A judge choosing to extend the deadline for an answer or written appearance is encouraged to utilize a written notice in the form specified below.

INFOCivil cases

Applies to

Fee notice

A fee notice may include other information applicable to the litigant’s case type.

Notices may also inform the litigant of other information applicable to their case type.