Bureau Circuit Court, Illinois
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance requires good cause; counsel’s agreement does not bind the court, which may require affidavits from the parties and counsel.
- A personal representative must seek an extension to a definite date or less frequent accounting by verified petition stating the reasons; the petition may be heard without notice in the specified circumstances.
- A petition seeking an extension for other reasons must be set for a hearing.
- +4 more
Request must include
Communication
Phone
Clerk
Fax
Page & Word Limits1 rule
11. TRIAL BRIEFS: The Pretrial Order may include a trial brief for each party not exceeding four (4) pages unless leave of court to the contra is granted.
- Trial brief
- Up to 4 pages per party
Exception
More pages with leave of court
Document Format Requirements16 rules
contain a space at least 2 by 2 inches at the upper right portion of the first page for the Clerk's file mark
if such pleading contains more than one page, shall be stapled at the upper right and left corners.
- More than 1 page
With the exception of forms and exhibits, only one side of each page shall be used.
shall not contain a backing sheet
The copy of a will in a language other than English filed with the petition must be typewritten.
Court's wording
When a will is in a language other than English the petitioner shall file a typewritten copy of the will along with the petition to probate and a certification by a qualified translator that a translation of the will is true and correct.
The copy of a handwritten will filed with the petition must be typewritten.
Court's wording
When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his attorney that the typewritten copy is true and correct to the best of his knowledge.
The foreign representative or attorney-in-fact shall present his petition for leave to receive the share in the form prescribed by the court.
- Petition for leave to receive share
Formatting
- •The petition must use the form prescribed by the court
Documents exceeding the size limits must be divided into appropriately sized filings; each document is currently limited to 25MB and a transaction to 35MB, subject to possible future increases.
Court's wording
If a document exceeds the maximum size allowed, the filer will file multiple documents, each under the maximum file size. In such case, the filer will be responsible for dividing the document into appropriately sized parts. Currently the maximum file size allowed for each document is 25MB, with a total maximum size of all documents filed in one transaction at 35MB. Maximum file size allowances may increase as technology advances allow.
Upon presentment to the Clerk, the Clerk shall place a file mark on the first page of each document in the upper right-hand corner.
Interrogatories must leave reasonable space for answers; an answering party may attach an addendum if needed, and the addendum must identify the question answered.
Court's wording
The interrogatories shall be reasonably spaced so as to permit the answering party to make his answer on the interrogatories served on him. The answering party may attach an addendum to the copies if the space provided is insufficient. If an addendum is attached, it must clearly refer to the question being answered.
At the pre-trial conference or at any other time as may be designated by the court, the court may direct that the parties produce all of the exhibits they expect to offer into evidence. Each of the exhibits shall thereupon be marked for identification either by the court reporter, clerk, or attorneys, as the court may direct.
The mediator shall prepare a Mediator’s Report on the prescribed form within ten (10) days of the termination of the last mediation session.
- Mediator report
Formatting
- •Must be prepared on the prescribed form
The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the trial court administrator.
- Statistical report
Formatting
- •Must be prepared on the prescribed form
All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the requirements set by the EFM.
Noncompliant attorney filings may be rejected; noncompliant pro se filings must be reviewed by the court for acceptance before rejection.
Court's wording
Documents filed by attorneys that do not comply with the format specified by the applicable order, statute, or rule may be rejected. Documents filed by pro se parties that do not comply with the format specified by the applicable order, statute, or rule shall be reviewed for acceptance by the court prior to rejection.
Any document electronically signed pursuant to the Standards, Rule or Order satisfies Supreme Court Rules and statutes regarding original signatures on court documents.
Document Filing Requirements131 rules
A written request must be made that includes your name, address, daytime telephone number, case number if known and the information you are looking for. Please include as much information as possible when completing this request.
Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request.
An objection to extended media coverage must state the good-cause basis and describe the specific supporting facts and circumstances.
Court's wording
2. There is good cause to believe that the presence of extended media coverage, under the circumstances of the proceeding, would materially interfere with the right of the parties to a fair trial. The specific facts and circumstances in support of the allegation are described as follows:
3. I object to extended media coverage of my testimony for the following reasons (please be specific):
All pleadings shall include a cause entitlement and number
- Document
- Pleading
Must include
- •Cause entitlement
A hearing notice must identify the cause, hearing date and time, courtroom, and nature of the motion.
Court's wording
The notice of hearing shall contain the title and number of the cause of action, date and time when the motion will be heard and designated courtroom, and shall include a short statement of the nature of the motion.
The title to each motion shall indicate the relief sought.
Motions presented and ruled upon before one judge shall not be renewed before another judge without leave of court and a statement in the notice of hearing that the motion has previously been ruled upon, naming the judge who ruled on the motion.
The notice shall state the title and number of the cause of action, name of the judge who heard the motion, date of hearing, and the order of the court.
Pleadings with multiple counts or defenses must title each one to state its theory and, when parties assert differing claims or defenses, identify the relevant party subgroup.
Court's wording
If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a short title concisely stating the theory of liability or defense. If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall concisely designate the subgroup of parties to whom it pertains.
If the incorporation of facts by reference to another pleading or to another part of the same pleading will cause a pleading not to be readily comprehensible, such facts shall be realleged verbatim. This rule does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134 provided that the pleading remains readily comprehensible.
It shall be the duty of the attorneys for each of the parties involved in a cause of action to prepare a full and complete typewritten pre-trial memorandum similar in form to Appendix A and B of these rules.
Unless waived by the court, at least five (5) days prior to a contested trial, the parties shall submit to the court and opposing counsel a summary statement of points and authorities citing all cases and statutes which they expect to argue. The statement may be in summary form similar to that provided in Supreme Court Rule 341(e)(1). Unless otherwise directed by the court, this rule shall not apply to traffic, ordinance, and small claims cases.
In jury cases, the designated attorney must prepare and submit a Statement of the Nature of the Case, with specified information and a witness list if requested by the court.
Court's wording
In all jury cases, the State's Attorney in criminal cases, and the plaintiff's Attorney in civil cases, shall prepare and submit to the court and opposing parties a Statement of the Nature of the Case to be read by the court to the venire prior to voir dire examination. The statement shall include the time, date and place of the alleged occurrence or offense and a brief description thereof, the name of the parties involved and their counsel, and, when requested by the court, a list of witnesses whom the parties expect to call.
The court must mark submitted questions “asked” or “refused,” depending on its decision.
Court's wording
If the court asks a question submitted by counsel, the court shall write the word "asked" beside the question. If the court refuses to ask a submitted question, the word "refused" shall be written thereon.
Covered hearing notices and contempt petitions must include the specified arrest-warrant warning in bold or underlined text.
Court's wording
Notices of hearing to discover assets, petitions for adjudication of contempt, and any other hearing where a warrant of arrest may issue for a party's failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type or underlined: "Your failure to appear at this hearing may result in the issuance of a warrant for your arrest."
Sureties shall execute and file verified schedules of property when so directed by the court.
(c) The responsibility for the prompt filing of appropriate Certificates of Publication and/or Certificates of Mailing shall be that of the person seeking such service except as to those matters which are the responsibility of the Circuit Clerk.
The person seeking to affect marital status or their attorney must present the listed prove-up documents to the judge in a single package before testimony, at the time set by the individual judge; otherwise, the matter will not be heard at the requested time.
Court's wording
(a) It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the prove-up judge, in a single package, prior to the commencement of testimony in the timeframe to be established by the individual judge the following: 1) Judgment for Dissolution of Marriage 2) Signed original of any written agreement of the parties that will be testified to and received in evidence and is to be incorporated in the Judgment for Dissolution of Marriage 3) Allocation Judgment allocating parental responsibilities and parenting time, fully completed and signed by each party (if minor children). 4) Uniform Order for Support and Child Support Data Sheet, fully completed and signed by each party, with statutory child support calculations attached (if minor children and/or children who are 18 but have not graduated high school. 5) Certificate of completion of Parenting Class. 6) Fully completed Certificate of Dissolution (b) Failure to provide said package to the Court prior to the hearing shall result in the Court not hearing the matter at the requested time for hearing”.
(b) The person or entity seeking to obtain jurisdiction by publication shall provide copies of all necessary documents to the Circuit Clerk, including copies for mailing.
Documents affecting marital status must conform to the cited statutes and include the specified findings.
Court's wording
All documents purporting to affect the status of marriage shall conform to the provisions of: 1) 750 ILCS 5/301 et seq. or 2) 750 ILCS 5/401 et seq. or 3) 750 ILCS 5/402 et seq., all as from time to time amended, and shall contain findings relating to: 4) Jurisdiction of the subject matter and of the parties. 5) The date and place of marriage. 6) Whether any children were born or adopted to the marriage, their names and birthdates, and whether the wife is pregnant. 7) Such additional findings as may be appropriate.
In proceedings involving the specified financial disputes, each party must file a Financial Affidavit with supporting documentary evidence using the form required by 750 ILCS 5/501(a)(1).
Court's wording
In all proceedings in which there is a dispute involving property and/or debts, temporary or permanent maintenance, and/or temporary or permanent child support, each party shall file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
In the specified permanent-relief proceedings, parties must file the Final Pre-Trial Stipulation and property apportionment statement with the required stipulations, property and debt details, proposed values and distributions, and exhibit identifications, unless the Court directs otherwise.
Court's wording
In all proceedings for permanent relief where the issue of child custody and/or property apportionment is in dispute, including issues of child support and apportionment of marital indebtedness, a Final Pre-Trial Stipulation and Statement of Proposed Property Apportionment and Apportionment of Marital Indebtedness (similar to that found in Appendix D) shall be filed by the parties not less than five (5) days prior to the final pre-trial conference scheduled by the Court unless otherwise directed by the Court. Said Final Pre-Trial Stipulation shall include all stipulations of the parties as to all permanent issues, an itemization of all property which is claimed as marital and non-marital, together with a proposed fair cash market value of each item and proposed distribution of marital and not- marital debt. All exhibits to be submitted by each party shall be identified on the Pre-Trial Stipulation.
The responding party shall file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
In post-judgment financial proceedings other than judgment enforcement, the moving party must file the specified Financial Affidavit and supporting documentary evidence with the motion or petition.
Court's wording
In all post-judgment proceedings involving financial matters, other than for enforcement of a judgment order, the moving party shall, at the time the motion or petition is filed, file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
In all proceedings on Rules to Show Cause where the issue of delinquent child support is at issue, an "Affidavit of Amount Due" (similar to that found in Appendix E) shall be filed, contemporaneously with the filing of the petition.
In that case, the order for support shall provide that an income withholding notice is to be prepared and served only if the obligor becomes delinquent in paying the order for support;
All orders for support and/or maintenance submitted to the Court shall set forth, in addition to the requirements of 750 ILCS 5/505, the net income and/or gross income of the obligor upon which the child support is based.
The obligor must disclose a Social Security Number for inclusion in the order; if the obligor is not a U.S. citizen, the order must also include the specified foreign identification numbers when applicable.
Court's wording
Include the obligor's Social Security Number, which the obligor shall disclose to the court. If the obligor is not a United States citizen, the obligor shall disclose to the court, and the court shall include in the order for support, the obligor's alien registration number, passport number, and home country's social security or national health number, if applicable.
Provide for a termination date for said support and/or maintenance.
Contain a dollar amount to be paid until payment in full of any delinquency that accrues after entry of the order for support. The amount for payment of delinquency shall not be less than 20% of the total of the current support amount and the amount to be paid periodically for payment of any arrearage stated in the order for support;
No award of attorney's fees on behalf of an attorney against his client shall be made without the prior filing of a verified petition for attorney's fees and an itemization of the billing, including the hourly cost, the time spent on the case, and an itemization of the tasks performed.
Failure to provide the above information in the order shall prevent entry of the order by the court.
The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above)
The moving party must file a Financial Affidavit with supporting documentary evidence when filing the petition and supporting affidavits.
Court's wording
In all proceedings involving a petition for interim attorney fees and costs or for contribution to attorney fees and costs brought pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Parentage Act of 2015, the moving party shall, at the time the petition and supporting affidavit(s) is filed, file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
A notice for an attorney's-fee petition against the attorney's client must substantially comply with the specified notice wording.
Court's wording
(b) Notice for any Petition for attorney's fees on behalf of an attorney against his client shall be in substantial compliance with the following: You are hereby notified that on ___________, _______ day of ____________, at _________ or as soon thereafter as counsel may be heard, the undersigned shall appear before the Honorable Judge ________________, in Room _________, at the LaSalle County Courthouse, Ottawa, Illinois, and then and there present a Petition for Attorney's Fees pursuant to Section 508 of the IMDMA, The law requires that you be advised of your right to a copy of that Petition and an itemized copy of the bill, copies of which are attached, and further provides for a right to a hearing on the Petition and a right to be represented at your expense at that hearing by an attorney other than one associated with the undersigned. If you do not appear, a judgment may be entered in accordance with the Petition.
(c) A final Judgment will not be entered between the parties until a certificate is presented to the Court indicating that the parties have completed the program.
(e) The parties are required to execute a release of information as to participation in the Program to the Court and Attorneys.
Programs must be approved by the circuit's judges, with an outline, facilitator credentials and resumes, and client brochures provided for judicial review.
Court's wording
(a) All programs shall be approved by the Judges of the Thirteenth Judicial Circuit by providing for Judicial review the following: 1) Outline of the program 2) Facilitator credentials and resumes 3) Brochures explaining the program procedures to clients
Mediation shall not be required if the court determines, upon motion of a party, that a case is ineligible for mediation. Said motion shall be supported by affidavit setting forth specific facts detailing why mediation would be inappropriate.
On or before the status date, for parties who are participating in mediation, the mediator shall submit a report to the court and the parties’ legal counsel, which shall include the information required by 8.22.
Advise each party that children may be allowed to participate in mediation so long as all parties and the mediator consent to said participation, in writing, and that each parent or the child’s representative or guardian ad litem, if applicable, has the right to withhold consent.
Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.
Upon termination without agreement, the mediator shall file with the court a final mediator report stating that the mediation has concluded without disclosing any reasons for the parties’ failure to reach an agreement.
The mediator shall prepare a Mediator’s Report on the prescribed form within ten (10) days of the termination of the last mediation session. These reports will be filed with the circuit clerk.
Each mediated agreement shall be presented by the parties or their attorneys (if any) to the court within forty-five (45) days following the filing of the final Mediator’s Report.
The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the trial court administrator.
Upon imposition of sanctions, the court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions imposed.
An indirect criminal contempt proceeding must begin with a verified petition that describes the alleged conduct with particularity.
Court's wording
An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.
Upon an adjudication of contempt, the court shall enter a written judgment order setting forth the factual basis for the finding and specifying the sanctions imposed.
Except as otherwise provided, a rule to show cause requires either a verified petition stating its factual basis or the complaining party’s testimony in open court, and either must make a prima facie showing of contempt.
Court's wording
Except as provided in these rules, a rule to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
For a handwritten will, the petitioner must file a typewritten copy and an affidavit confirming its accuracy.
Court's wording
When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his attorney that the typewritten copy is true and correct to the best of his knowledge.
When a will is in a language other than English the petitioner shall file a typewritten copy of the will along with the petition to probate and a certification by a qualified translator that a translation of the will is true and correct.
Filing & Service rules
Electronic Filing Rules
Wills and other testamentary documents cannot be accepted for electronic filing.
Wills or other testamentary documents shall not be accepted for filing electronically.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Electronic filing is mandated in civil case types effective January 1, 2018 through the authorized centralized EFM.
On January 22, 2016, the Supreme Court amended M.R. 18368, mandating electronic filing in civil case types effective January 1, 2018 through the utilization of a centralized electronic filing manager (EFM) authorized by the Supreme Court.
Page 77 | 13.1 AUTHORITY
The Clerk must provide a workstation for any filer to register and file documents electronically.
To facilitate electronic filing, the Clerk of the Circuit Court shall provide a computer workstation for use for any filer to register and file electronic documents.
Page 79 | 13.5 AUTHORIZED USERS
Filers must register with the EFM through an authorized EFSP before electronically filing any document.
All filers shall register with the EFM through an authorized EFSP, prior to filing any document electronically.
Page 79 | 13.5 AUTHORIZED USERS
Items unsuitable for electronic filing must be filed in physical form at the Clerk’s office or courtroom as directed by court order.
Items not conducive to electronic filing, such as physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s office or in the courtroom, as directed by order of court and in conformity with the Supreme Court’s Order M.R. 18368 filed January 22, 2016.
Page 79 | 13.7 FILING OF EXHIBITS
Electronic filing is required in all civil case types effective January 1, 2018.
The Circuit Court hereby requires electronic filing in all civil case types effective January 1, 2018
Page 79 | 13.6 METHOD OF FILING
Upon acceptance, the EFM must stamp the electronic document, and the stamped filing has the same force and effect as a conventionally stamped document.
Upon acceptance by the clerk, the EFM shall apply the file stamp to the electronic document. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
The EFM must notify filers of receipt, acceptance, or rejection of electronically filed documents.
The EFM shall provide notification of a receipt, acceptance, or rejection of electronically filed documents.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
The Clerk may reject an electronically filed unapproved case or document type.
Any unapproved case or document type filed electronically by a filer may be rejected by the Clerk of the Court.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Criminal and juvenile cases may be e-filed through e-FileIL only after initiation and case-number assignment; quasi-criminal types are excluded.
This Court hereby authorizes electronic filing in criminal case types (Criminal Felony (CF), Criminal Misdemeanor (CM), Driving Under the Influence (DT) and juvenile case types (Juvenile (J), Juvenile Abuse and Neglect (JA), and Juvenile Delinquency (JD)) in a permissive manner through e-File IL. Permissive e-Filing of criminal and juvenile cases through e-FileIL applies only to filings after the case has been initiated and assigned a case number. Permissive e-filing through eFileIL does not include quasi-criminal case types: Traffic (TR), Ordinance Violation (OV), Conservation (CV) and Civil Law (CL).
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Criminal and juvenile case initiation should continue under current practices.
Criminal and juvenile case initiation in the circuit courts should continue using current practices.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
The clerk may reject an electronic filing for procedural or technical nonconformance and may identify the deficiency to correct.
Rejection – The court clerk may reject any electronic filing for any procedural or technical nonconformance and may identify the deficiency to be corrected.
Page 78 | 13.4 DEFINITIONS
Incarcerated self-represented litigants are not required to e-file but are encouraged to do so if e-filing is available at their facility.
Self-represented litigants incarcerated in a federal, state or local correctional facility shall not be required to e-File documents but are encouraged to do so if e- Filing is available within the facility.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
A motion and notice of motion seeking permission to file physical items may be filed electronically.
The Motion and Notice of Motion for permission to file any of these physical items may be done electronically.
Page 79 | 13.7 FILING OF EXHIBITS
The Court encourages electronic filing in criminal cases, but conventional filings continue to be accepted.
and encourages criminal e-filing, although conventional filings in these case types will continue to be accepted.
Page 79 | 13.6 METHOD OF FILING
Physical items that can be represented by a photograph may be imaged and filed electronically.
Physical items for which a photograph may be substituted may be electronically imaged and E-filed.
Page 79 | 13.7 FILING OF EXHIBITS
Filing Timing and Cure Windows
File media-coverage requests as soon as practicable and at least 7 days before the proceeding, unless the court prescribes shorter notice or the proceeding was not scheduled that far in advance.
All requests for extended media coverage shall be filed with the circuit clerk as soon as practicable, but not less than 7 days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least 7 days in advance (for example, an initial appearance in a criminal proceeding or a temporary restraining order in a civil proceeding). (Appendix A)
Page 3 | 4.0 Procedural
Party objections should be filed within 3 days of receiving notice, unless the court prescribes otherwise.
Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request. Objections may be made outside the 3-day window as the court prescribes.
Page 3 | 4.0 Procedural
An objection to extended media coverage must be filed within three days of receiving notice of the request.
3. This objection is filed within three (3) days of receiving notice of the request for extended media coverage.
Page 8 | OBJECTION OF PARTY TO REQUEST FOR EXTENDED MEDIA COVERAGE
A witness’s objection must be filed with the Clerk before the witness begins testifying.
4. This objection is filed with the Clerk of the Court prior to the commencement of my testimony.
Page 9 | Objection of Witness to Request for Extended Media Coverage of Testimony
Documents must be filed with the Clerk before being presented to the court, except proposed orders.
All documents shall be filed with the Clerk of the Court pursuant to Supreme Court Rule 10 prior to their presentment to the court with the exception of proposed orders.
Page 14 | 1.7 DOCUMENTS AND COURT FILES
All motions must be filed with the Clerk before they are presented to the court.
All motions shall be filed with the Clerk of the Court prior to their presentment to the court.
Page 19 | 2.1 MOTION PRACTICE
Proof of service after a motion is heard without prior notice must be filed with the Clerk within two days of the hearing.
proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.
Page 20 | 2.1 MOTION PRACTICE
During court hours, a complaint or petition requesting the specified ex parte or emergency relief must be filed with the Circuit Clerk before applying to the court for the order.
Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction, or any other emergency relief, shall be filed in the Office of the Circuit Clerk, if during court hours, before application to the court for the order.
Page 20 | 2.1 MOTION PRACTICE
The pre-trial memorandum must be mailed at least five days before the pre-trial conference.
At least five (5) days prior to the pre-trial conference, each attorney shall mail the original of the memorandum to the pre-trial judge and a copy to each opposing counsel.
Page 22 | 3.6 PRE-TRIAL CONFERENCES
After a not-guilty plea at a felony arraignment, motions must be on file by the time specified by the court.
At the arraignment of defendants charged with a felony and upon a plea of not guilty, the court shall enter discovery orders on the State and defense counsel with a time designated for compliance, shall direct that all motions be on file within a time specified by the court, and shall place the cause on a judge's trial calendar.
Page 22 | 3.5 CRIMINAL CASES - FELONY ARRAIGNMENTS
The summary statement must be submitted at least five days before a contested trial, subject to court waiver and the stated case exceptions.
Unless waived by the court, at least five (5) days prior to a contested trial, the parties shall submit to the court and opposing counsel a summary statement of points and authorities citing all cases and statutes which they expect to argue. The statement may be in summary form similar to that provided in Supreme Court Rule 341(e)(1). Unless otherwise directed by the court, this rule shall not apply to traffic, ordinance, and small claims cases.
Page 22 | 3.6 PRE-TRIAL CONFERENCES
A motion to reinstate must be filed within 30 days of dismissal to avoid the case being barred from redocketing under this provision.
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of dismissal.
Page 24 | 3.8 DISMISSAL FOR WANT OF PROSECUTION — (b) Notice
A petition for post-termination relief must be called for hearing within 120 days of filing or the Clerk will close the file without prejudice and place the case on the terminated list.
If any such petition is not called for hearing within one hundred-twenty (120) days from the date it is filed, or if there has been no action on a post-termination file for one hundred-eighty (180) days, the Clerk of the Circuit Court is directed to close the file without prejudice and put the case on the terminated list.
Page 27 | 5.3 HEARING: PETITIONS FOR POST-TERMINATION RELIEF
The written judgment order and accompanying documents must be prepared and submitted within 14 days of the final hearing.
The written judgment order and accompanying documents as provided in 8.03 and 8.04 of these rules shall be prepared and submitted within and no more than fourteen (14) days of the final hearing.
Page 33 | 8.05(c)
For a hearing seeking permanent relief, each party must file the Financial Affidavit at least 5 days before the final pre-trial conference.
In all hearings seeking permanent relief, each party shall file the Financial Affidavit and proof of service at least five (5) days before the final pre-trial conference.
Page 34 | 8.06(a)(1)
For a hearing seeking temporary relief, the moving party must file the Financial Affidavit when filing the motion or petition.
In all hearings seeking temporary relief, the moving party shall file the Financial Affidavit at the time the motion or petition for temporary relief is filed
Page 34 | 8.06(a)(1)
In the specified permanent-relief proceedings, the parties must file the Final Pre-Trial Stipulation and property apportionment statement at least 5 days before the scheduled final pre-trial conference, unless the Court directs otherwise.
In all proceedings for permanent relief where the issue of child custody and/or property apportionment is in dispute, including issues of child support and apportionment of marital indebtedness, a Final Pre-Trial Stipulation and Statement of Proposed Property Apportionment and Apportionment of Marital Indebtedness (similar to that found in Appendix D) shall be filed by the parties not less than five (5) days prior to the final pre-trial conference scheduled by the Court unless otherwise directed by the Court.
Page 34 | 8.06(a)(2)
For a hearing seeking temporary relief, the responding party must file the Financial Affidavit at least 7 days before the hearing.
The responding party shall file the Financial Affidavit and proof of service at least seven (7) days before the hearing.
Page 34 | 8.06(a)(1)
If no summons or other action occurs within 30 days after filing a pre-judgment petition, the Court must set a show-cause hearing, and failure to appear results in dismissal without prejudice.
If a pre-judgment petition is filed and no summons issued for 30 days from the date of filing and no other action is taken by the petitioning party, the Court shall issue a Rule to Show Cause as to why no summons has been issued within said time period, and a hearing date shall be set by the Court for the petitioning party to either issue summons or take other action as directed by the Court on said date. If the petitioning party fails to appear on the date scheduled by the Court, the petition shall be dismissed for want of prosecution without prejudice.
Page 35 | 8.06(b) No Summons Issues for 30 Days
If a pre-judgment petition is filed and service of summons issues within a 30-day period but no action is taken by the petitioning party no more than 60 days from the date of filing, the Court shall either schedule a date for the petitioning party to appear and show cause why no action has been taken or the Court shall take other action as he/she deems appropriate to expedite the proceeding in a reasonable manner. The failure of the petitioning party to appear on the date scheduled by the Court shall result in the petition being dismissed for want of prosecution without prejudice.
If a pre-judgment petition is filed and service of summons issues within a 30-day period but no action is taken by the petitioning party no more than 60 days from the date of filing, the Court shall either schedule a date for the petitioning party to appear and show cause why no action has been taken or the Court shall take other action as he/she deems appropriate to expedite the proceeding in a reasonable manner. The failure of the petitioning party to appear on the date scheduled by the Court shall result in the petition being dismissed for want of prosecution without prejudice.
Page 35 | 8.06(c) Summons Issues but No Action Taken for 60 Days
If no action is taken on a post-judgment petition within 60 days after filing, the Court must expedite the proceeding as provided for prejudgment petitions.
In the event no action is taken on a post-judgment petition no more than 60 days from the date of filing, the Court shall proceed to expedite the proceedings and act in the manner as provided in 8.06 (c) of these local rules (Prejudgment Petitions).
Page 36 | 8.06(d)(4) Post-Judgment Proceedings
An applicant denied inclusion or a mediator removed from the approved list may submit a written appeal to the Chief Judge or designee within 10 days.
An applicant denied inclusion on or removed from the court-approved list may appeal the decision in writing within ten (10) days to the Chief Judge or his/her designee.
Page 44 | 8.15(d) Denial/Removal from List
The mediator must prepare the prescribed Mediator’s Report within ten days after the last mediation session ends and file it with the circuit clerk.
The mediator shall prepare a Mediator’s Report on the prescribed form within ten (10) days of the termination of the last mediation session. These reports will be filed with the circuit clerk.
Page 49 | 8.22(g)(1) Mediator’s Report
The mediator must prepare a statistical report for each case and file it with the trial court administrator at least quarterly.
The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the trial court administrator.
Page 50 | 8.22(g)(2) Statistics
The parties or their attorneys must present each mediated agreement to the court within 45 days after the final Mediator’s Report is filed.
Each mediated agreement shall be presented by the parties or their attorneys (if any) to the court within forty-five (45) days following the filing of the final Mediator’s Report.
Page 50 | 8.23(a) Presentation of Order
The first inventory must be filed within 60 days after letters are issued.
The first inventory shall be filed within 60 days after issuance of letters.
Page 59 | 11.7 INVENTORIES-DESCRIPTIONS REQUIRED
A filed counterclaim must be heard on the date set for the contested claim hearing.
If a counterclaim has been filed, it shall be heard on the date set for hearing on the contested claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
At the claim hearing, the court may allow the claim and enter judgment if no objection has been filed within 30 days after proof is filed.
On the date set for the hearing of the claim, if no objection has been filed within thirty (30) days from the date of filing the proof, the claim may be allowed by the court and judgment entered pursuant to Section 18-7 of the Probate Act of 1975 in accordance with statutory classification.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
The legal representative or another person whose rights may be affected may file an answer contesting the claim within 30 days after the claimant files proof with the clerk.
The legal representative or any other persons whose right may be affected by the allowance of the claim may file an answer contesting the claim within thirty (30) days after the claimant has filed his proof with the clerk.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
The claimant must file proof of mailing or delivery, or a waiver, within 10 days after filing the claim.
The claimant shall file with the Clerk of the Court proof of mailing or delivery of the claim, or waiver thereof, within 10 days after filing the claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
The court or designated clerk must automatically set the claim hearing for no earlier than 35 days after proof of mailing is filed.
The court, or if the court so designates, the clerk, shall automatically set the claim for hearing not less than thirty-five (35) days after the filing of the proof of mailing.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
A counterclaim hearing must be at least 30 days after mailing or delivery unless the counterdefendant or attorney waives the notice and waiting period in writing.
A hearing on the counterclaim shall not be held less than 30 days after mailing or delivery of the counterclaim unless the counterdefendant or his attorney waives in writing the delivery or mailing and 30 day period.
Page 61 | Claims
A representative or attorney filing a claim against the estate must apply at least 30 days before the hearing for appointment or waiver of appointment of a special administrator.
If the representative or his attorney files a claim against the estate, he shall apply to the court at least 30 days prior to the hearing on the claim for the appointment or waiver of appointment of a special administrator to appear and defend for the estate.
Page 61 | Claims
A guardian must present an administration account within 30 days after the first year from issuance of letters and at least annually thereafter unless otherwise ordered.
Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of letters and, unless otherwise ordered, at least once each year thereafter.
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
A guardian must present the required account and evidence within 30 days after the guardian’s office terminates.
3) within 30 days after the termination of his office; and
Page 64 | 11.12 PERIODIC ACCOUNTING
After the first account, the executor or administrator must present an account annually.
2) annually after the date of the first account; and
Page 64 | 11.12 PERIODIC ACCOUNTING
The executor or administrator must present accounts at any other times the court orders.
3) at such other times as the court may order.
Page 64 | 11.12 PERIODIC ACCOUNTING
After the first account, a guardian must present an account annually.
2) annually after the date of the first account;
Page 64 | 11.12 PERIODIC ACCOUNTING
If the account is not presented within 60 days after the notice is mailed, the clerk must issue a citation directing the personal representative to account or appear to show cause.
If the account is not presented within 60 days after the date such notice was mailed, the clerk shall issue a citation directing the personal representative to account as required or to appear on a date fixed by the court to show cause why he should not do so, or be removed as personal representative.
Page 64 | Periodic Accounting Not Filed-Notice and Citation
A guardian must present accounts at any other times the court orders.
4) at such other times as the court may order.
Page 64 | 11.12 PERIODIC ACCOUNTING
The executor or administrator must present the required account and disbursement evidence within 60 days after the six-month period following issuance of letters expires.
1) within 60 days after the expiration of 6 months after the issuance of letters;
Page 64 | 11.12 PERIODIC ACCOUNTING
A guardian must present the required account and evidence within 30 days after the one-year period following issuance of letters expires.
1) within 30 days after the expiration of one year after the issuance of letters;
Page 64 | 11.12 PERIODIC ACCOUNTING
A petitioner or claimant must file and pay for a jury demand with the petition or claim; an opposing party must do so with an answer or other responsive pleading.
A petitioner or claimant desirous of a trial by jury pursuant to Section 8-1, 11a-11, 16-3 and 18-6 of the Probate Act of 1975, or any other section, must file a jury demand with the clerk and pay the fee as required by law at the time he files his petition or claim. A representative or other party in interest opposing the petition or claim or desirous of a trial by jury must file a jury demand and pay the fee at the time he files his answer or other responsive pleading.
Page 65 | 11.13 JURY DEMANDS
After the petitioner or claimant waives a jury, the opposing party may obtain a jury trial by promptly demanding one after notice of the waiver and paying the fee.
If the petitioner or claimant files a jury demand and thereafter waives jury, the opposing party will be granted a jury trial upon demand promptly made after being advised of the waiver and upon payment of the fee.
Page 65 | 11.13 JURY DEMANDS
Unless excused, petitioners must file receipts for all sums expended within 30 days after the withdrawal order is entered.
Unless excused from doing so, within 30 days after entry of the order for withdrawal, the petitioners shall file receipts for all sums expended.
Page 68 | 11.16(a) Petition to Withdraw
The foreign representative or attorney-in-fact must submit a report of compliance with the distributee’s receipt evidencing payment and delivery within 90 days after entry of the order, unless the court allows more time.
Within 90 days after entry of the order or within such further time as the court allows, the foreign representative or attorney-in-fact shall present to the court his report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.
Page 70 | 11.18 ATTORNEYS-IN-FACT AND REPRESENTATIVES OF FOREIGN COUNTRIES
An electronically filed document is considered filed upon the Clerk’s review and acceptance and completion of transmission with the Clerk’s electronic filing stamp.
Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
Service and Proof of Service Rules
When filing a media-coverage request, the media requestor must also notify the court media liaison, counsel of record, and unrepresented parties.
At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.
Page 3 | 4.0 Procedural
When filing a written objection, the objector must simultaneously notify the requestor, court media liaison, counsel of record, and unrepresented parties.
At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 4 | 4.0 Procedural
Counsel or a self-represented party seeking to introduce a witness's testimony must notify the witness of the request for or grant of extended media coverage.
Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.
Page 4 | 4.0 Procedural
Notice of the objection must be given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.
5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 9 | Objection of Witness to Request for Extended Media Coverage of Testimony
The Jury Commission or Chief Judge must serve jury summonses at least 30 days before service begins; summonses may be mailed postage prepaid to the address in voter registration files.
The Jury Commission or Chief Judge shall issue and cause to be served a jury summons on all Grand Jurors and Petit Jurors at least thirty (30) days prior to the first day of service. Jury summons may be served by U.S. Mail, postage prepaid, to the address as listed in the voter registration files.
Page 17 | 1.13(c) Jury Summons
The hearing notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.
A copy of any written motion and of all papers presented therewith, or a statement that they have been previously served, shall be served with the notice.
Page 19 | 2.1 MOTION PRACTICE
If Supreme Court Rule 11(b)(7) permits email, email notice must be given at least three days before the hearing.
Notice by e-mail, if permitted pursuant to Supreme Court Rule 11(b)(7), shall be not less than three (3) days prior to the hearing.
Page 19 | 2.1 MOTION PRACTICE
Notice by U.S. Mail must be mailed at least seven days before the hearing.
Notice by U.S. Mail shall be mailed not less than seven (7) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
Notice by third-party commercial carrier must be deposited or dropped off at least seven days before the hearing.
Notice by third-party commercial carrier shall be made by deposit in the carrier’s pick-up box or drop off with the carrier’s designated contractor not less than seven (7) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
A summary judgment motion may not be heard until ten days after its notice of motion is served under Supreme Court Rule 11.
A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion under Supreme Court Rule 11.
Page 19 | 2.1 MOTION PRACTICE
The party requesting a hearing must give notice to the specified parties in the manner prescribed by Supreme Court Rule 11.
Notice of hearing on all motions shall be given by the party requesting the hearing to all parties who have appeared and have not theretofore been defaulted for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice shall be given in the manner and to those prescribed in Supreme Court Rule 11.
Page 19 | 2.1 MOTION PRACTICE
If Supreme Court Rule 11(b)(6) permits fax, fax notice must be made at least three days before the hearing.
Notice by fax, if permitted pursuant to Supreme Court Rule 11(b)(6), shall be made not less than three (3) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
Proof of notice must be made of record for notice given by the listed methods.
Proof of notice by personal service, mailing, delivery by third-party commercial carrier, fax or e-mail shall be made of record.
Page 19 | 2.1 MOTION PRACTICE
Notice by personal service must be made at least three days before the hearing.
Notice by personal service shall be made not less than three (3) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
After a motion is heard without prior notice, written hearing notice must be served personally or by U.S. Mail on the specified parties, and proof of service must be filed within two days of the hearing.
If a motion is heard without prior notice under this rule, written notice of the hearing shall be served personally or by U.S. Mail upon all parties not theretofore found by the court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.
Page 20 | 2.1 MOTION PRACTICE
A party serving written interrogatories must provide two copies to each party required to answer.
The party serving written interrogatories shall provide two copies to each party required to answer the interrogatories.
Page 21 | 3.2 WRITTEN INTERROGATORIES
Proof of service for answering discovery documents must be filed with the Clerk and identify the case, service date, parties, and document; filed proof of an answer is prima facie evidence of service or answering.
Proof of service of answering discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties and adequately identify the particular discovery document being served or answered. The proof of service of answer, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered.
Page 22 | 3.3 DISCOVERY DOCUMENTS
Each attorney must mail the original pre-trial memorandum to the pre-trial judge and a copy to each opposing counsel at least five days before the conference.
At least five (5) days prior to the pre-trial conference, each attorney shall mail the original of the memorandum to the pre-trial judge and a copy to each opposing counsel.
Page 22 | 3.6 PRE-TRIAL CONFERENCES
In all criminal misdemeanor and traffic cases where there has been a demand for trial by jury, the court may schedule cases on its docket for trial by jury and direct that notice be given to the defendant's attorney of record, or, if the defendant is unrepresented, the defendant's last known address. The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.
In all criminal misdemeanor and traffic cases where there has been a demand for trial by jury, the court may schedule cases on its docket for trial by jury and direct that notice be given to the defendant's attorney of record, or, if the defendant is unrepresented, the defendant's last known address. The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.
Page 23 | Criminal Misdemeanor and Traffic Docket Call
Unless the Court directs a party to provide a dismissal order, the Clerk must mail dismissal notice within 10 days to attorneys of record and pro se parties served as noted in the file, except in the listed case types.
Unless the Court directs a party to provide a copy of an order of dismissal, upon dismissal of any cause for want of prosecution, except dismissals of Small Claims cases or first appearance LM cases and post-termination proceedings, the Clerk of the Court shall give all pro se parties, if served as noted in the Court file, and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal.
Page 24 | 3.8 DISMISSAL FOR WANT OF PROSECUTION — (b) Notice
The designated attorney must submit the Statement of the Nature of the Case to the opposing parties.
In all jury cases, the State's Attorney in criminal cases, and the plaintiff's Attorney in civil cases, shall prepare and submit to the court and opposing parties a Statement of the Nature of the Case to be read by the court to the venire prior to voir dire examination.
Page 25 | 4.1 JURY TRIALS - STATEMENT OF THE NATURE OF THE CASE
Orders must be tendered to opposing counsel for approval as to form before signature; the court resolves form disputes after hearing counsel and may sign despite withheld approval.
All orders shall be tendered to opposing counsel for approval as to form before being signed by the court. In the event of a dispute as to form, the court shall decide the controversy after hearing from all counsel. Approval in form shall not be construed as approval in substance and the court may sign the order even though approval is withheld.
Page 26 | 5.1 WRITTEN DRAFT ORDERS
In a post-termination civil case, an unserved warrant must be returned to the Circuit Clerk as stale after 180 days and re-issued.
Any warrant not served in a post-termination, civil case shall be returned by the Sheriff's office to the Circuit Clerk's Office as stale after one hundred-eighty (180) days, requiring re-issuance.
Page 27 | 5.3 HEARING: PETITIONS FOR POST-TERMINATION RELIEF
Unless the Court orders otherwise, notice by personal service must be made at least three days before the hearing.
Service of Notice of Motion or Petition shall be in accordance with the Rules of Practice of the Circuit Court as provided in Part 2 of these Rules; that is, unless otherwise ordered by the Court, notice by personal service shall be made not less than three (3) days prior to the hearing, notice by U.S. Mail shall be made not less than seven (7) days prior to hearing, notice by third-party commercial carrier shall be made not less than seven (7) days prior to the hearing, notice by fax shall be made not less than three (3) days prior to the hearing and notice by e-mail shall be made not less than three (3) days prior to the hearing.
Page 31 | 8.02 NOTICE
Service by publication must comply with 735 ILCS 5/2-206 and 5/2-207, as amended.
(a) Service by publication shall be in accordance with 735 ILCS 5/2-206 and 5/2-207 as from time to time amended.
Page 32 | 8.04 SERVICE BY PUBLICATION
For a hearing seeking temporary relief, the responding party must file proof of service at least 7 days before the hearing.
The responding party shall file the Financial Affidavit and proof of service at least seven (7) days before the hearing.
Page 34 | 8.06(a)(1)
For a hearing seeking temporary relief, the moving party must file proof of service at least 14 days before the hearing.
In all hearings seeking temporary relief, the moving party shall file the Financial Affidavit at the time the motion or petition for temporary relief is filed and shall file proof of service at least fourteen (14) days before the hearing.
Page 34 | 8.06(a)(1)
For a hearing seeking permanent relief, each party must file proof of service at least 5 days before the final pre-trial conference.
In all hearings seeking permanent relief, each party shall file the Financial Affidavit and proof of service at least five (5) days before the final pre-trial conference.
Page 34 | 8.06(a)(1)
Proof of service of the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.
Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen (14) days prior to the hearing.
Page 35 | 8.06(d)(1) Post-Judgment Proceedings
The responding party must file proof of service at least 7 days before the hearing.
The responding party shall file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
Page 35 | 8.06(d)(1) Post-Judgment Proceedings
A party seeking emergency treatment must give notice to the opposing party under Rule 8.02.
Notice to the opposing party pursuant to Rule 8.02.
Page 36 | 8.07(b) Emergency Matters
The obligee or public office must prepare and immediately serve an income withholding notice on the obligor’s payor, unless the parties have a signed alternative arrangement approved and entered into the court record that ensures payment.
Require an income withholding notice to be prepared and served immediately upon any payor of the obligor by the obligee or public office, unless a written agreement is reached between and signed by both parties providing for an alternative arrangement, approved and entered into the record by the court, which ensures payment of support.
Page 37 | 8.09(e) Income of Obligor
Proof of service of the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.
Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen days (14) days prior to the hearing.
Page 39 | 8.11 ATTORNEY’S FEES (INTERIM AND CONTRIBUTION PETITIONS)
Proof of service by the responding party must be filed at least 7 days before the hearing.
The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
Page 39 | 8.11 ATTORNEY’S FEES (INTERIM AND CONTRIBUTION PETITIONS)
When the petition supports the charge, notice of the hearing and a copy of the petition must be served and returned under Supreme Court Rule 105(b), or by regular U.S. Mail if the court directs.
If the court finds that the petition sets forth allegations which support the charge, it shall set the matter for hearing and order notice be given the respondent. Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail,
Page 53 | Notice of Hearing
proof of service shall be served not less than seven (7) days prior to the hearing
proof of service shall be served not less than seven (7) days prior to the hearing
Page 54 | Notice of Hearing
Notice sent by U.S. Mail must be mailed at least ten days before the hearing.
notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.
Page 54 | Notice of Hearing
A rule to show cause must be personally served on the respondent at least five days before the hearing, unless the court orders otherwise; good cause may support a different method of service.
A rule to show cause shall be personally served upon the respondent unless otherwise ordered by the court for good cause shown. Unless otherwise ordered by the court, a rule to show cause shall be served upon the respondent not less than five (5) days prior to hearing.
Page 55 | Civil contempt defined
A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record, unless the specified written waiver or written consent applies.
The claimant shall mail or deliver his claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or his attorney waives, in writing, the mailing or delivery of a copy of the claim or consents in writing to the allowance of the claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
For an objected-to claim, the claim is allotted for hearing on the previously set return date, and the court must order at least 10 days’ notice by regular mail to the claimant from a designated sender.
If an objection to the claim has been filed, on the return date as previously set under subsection (c) of this rule, the claim will be allotted for hearing and the court shall order at least ten (10) days notice to be given by regular mail to the claimant by the legal representative, the attorney for the estate, or the Clerk of the Court, as the court may direct.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
After dismissal, the clerk must mail notice to the personal representative and attorney of record stating that reinstatement may be sought within 30 days for good cause.
Upon dismissal of the cause, the clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case may be reinstated within thirty (30) days from the date of the notice for good cause shown.
Page 61 | 11.10 DISMISSAL FOR WANT OF ACTION
A counterclaim copy must be delivered or sent by ordinary mail to the counterdefendant and the counterdefendant’s attorney.
If a counterclaim is filed, a copy shall be delivered or mailed by ordinary mail to the counterdefendant and his attorney.
Page 61 | Claims
Notice must be given to the ward, qualifying claimants, and other entitled persons; for an entitled person other than the ward represented by counsel with an appearance on file, motion-type notice must be sent to counsel at least 10 days before the hearing.
On an account of a guardian or guardian to collect to the ward, to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than ten days before the date set for hearing.
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
Other entitled persons must receive notice with a copy of the account in person or by mail at least 10 days before the hearing, or at least 14 days before it if their address is outside the United States or Canada.
Notice to all other persons entitled to notice shall be given as follows: i. Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 10 days before the hearing except if the post office address of the person is outside of the United States or Canada, the notice shall be sent not less than 14 days prior to the hearing.
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
Notice of a hearing on a final or specified binding account must be given as prescribed unless the person entitled to notice waives it.
Unless waived by the person entitled thereto notice of the hearing on a final account or an account intended to be binding pursuant to Section 24-2 or Section 24-11(b) of the Probate Act of 1975, shall be given as follows:
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
If the person’s name or current post office address is unknown, notice must be published once in a newspaper of general circulation in the hearing county at least 14 days before the hearing, unless the court waives notice.
ii. If the name or present post office address of the person is not known to the representative of his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the date of the hearing, unless waived by the court.
Page 63
The clerk must mail attorneys of record notice that the account is due.
The Clerk shall mail to the attorneys of record in the estate a notice that the account is due.
Page 64 | Periodic Accounting Not Filed-Notice and Citation
Filing Fees and Waivers
The Clerk must not file a pleading unless any applicable filing fee is paid.
The Clerk shall not file a pleading unless accompanied by the proper filing fee, if any.
Page 15
A defendant must pay the jury fee with a jury demand for the court to automatically set the case for trial.
Upon Defendant's demand for trial by jury and payment of the jury fee, the court shall automatically set the cause for trial and cause notice to be given.
Page 30 | 7.1 PROCEDURE
The fee required by law must be paid when the supplemental-proceeding petition is filed.
The fee required by law shall be paid at the time of filing the petition.
Page 57 | 11.2(a) Supplemental Proceedings
Remaining estate assets must pay all administration costs, and the balance must be deposited with the treasurer of the county where the estate was probated.
If the estate has assets remaining, they shall be used to pay all costs of administration of the estate, and the balance shall be deposited with the treasurer of the county in which the estate was probated.
Page 61 | 11.10 DISMISSAL FOR WANT OF ACTION
An opposing party seeking a jury trial after the petitioner or claimant waives a jury must pay the fee.
If the petitioner or claimant files a jury demand and thereafter waives jury, the opposing party will be granted a jury trial upon demand promptly made after being advised of the waiver and upon payment of the fee.
Page 65 | 11.13 JURY DEMANDS
A fee required by law must be paid when a petitioner or claimant, or an opposing party, files a jury demand.
A petitioner or claimant desirous of a trial by jury pursuant to Section 8-1, 11a-11, 16-3 and 18-6 of the Probate Act of 1975, or any other section, must file a jury demand with the clerk and pay the fee as required by law at the time he files his petition or claim. A representative or other party in interest opposing the petition or claim or desirous of a trial by jury must file a jury demand and pay the fee at the time he files his answer or other responsive pleading.
Page 65 | 11.13 JURY DEMANDS
Beginning March 1, 2014, plaintiffs in foreclosure cases must pay a $150 increase in the filing fee.
Effective March 1, 2014, the filing fee paid by plaintiffs in all foreclosure cases shall increase by $150.
Page 75
Statutory filing fees must be paid as authorized through the EFM to achieve valid filing status, unless waived.
(a) The payment of statutory filing fees to the Clerk of the Court in order to achieve valid filing status, unless otherwise waived, shall be as authorized through the EFM.
Page 81 | 13.14(a) COLLECTION OF FEES
When an electronic filing requests a fee waiver under Supreme Court Rule 298, payment is stayed until the court rules on the petition.
(b) When the electronic filing includes a request for waiver of court fees pursuant to Supreme Court Rule 298, payment of the requisite fees shall be stayed until the court rules on the petition.
Page 81 | 13.14(b) COLLECTION OF FEES
If the estate has no remaining assets, costs may be waived and unpaid fees and expenses may be barred.
If no assets are remaining in the estate, costs may be waived, and other fees and expenses unpaid may be barred pursuant to Section 15 of the Probate Act of 1975.
Page 61 | 11.10 DISMISSAL FOR WANT OF ACTION
A jury fee will not be reimbursed if the jury is later waived.
The jury fee, once paid, shall not be reimbursed upon a subsequent waiver of jury.
Page 65 | 11.13 JURY DEMANDS
No filing fee is charged for a request for or objection to extended media coverage.
There shall be no filing fees associated with filing a request for extended media coverage or an objection to extended media coverage.
Page 3 | 3.0 General
Courtesy Copy Requirements
Customarily required courtesy copies remain required in E-file cases unless a specific court order provides otherwise.
(d) Courtesy copies of documents customarily required to be provided to the Court shall continue to be required in E-file cases, absent a specific court order to the contrary.
Page 81 | 13.13(d) ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Sealing & Redaction Procedures
An original Qualified Domestic Relations Order containing Social Security numbers in a divorce file must be impounded by the Circuit Clerk and may be opened only by court order.
Any original Qualified Domestic Relations Order filed in divorce files in the Thirteenth Judicial Circuit which contain social security numbers shall be impounded by the Circuit Clerk, only to be opened by order of the court.
Page 15
The Child Support Data Sheet attached to the Uniform Order of Support must contain Social Security numbers, be impounded by the Circuit Clerk, and be used for child support enforcement according to law.
The “Child Support Data Sheet”, attached as an Exhibit to the Uniform Order of Support, shall contain social security numbers and be impounded by the Circuit Clerk and used for child support enforcement according to law.
Page 15
Social Security numbers in court-filed or open-court documents must be redacted to show only the last four digits, subject to the stated exceptions.
An individual’s social security number which appears in any pleading, attachment to pleading, order, exhibit, or other document filed in the court file or filed in open court shall be redacted so only the last four digits are visible with the following exceptions:
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Financial Affidavits and supporting documentary evidence must remain outside the public record unless the court orders otherwise.
Consistent with section 501(a)(1), no Financial Affidavit and supporting documentary evidence shall be made part of the public record unless otherwise ordered by the court.
Page 34 | 8.06(a)(1)
Social Security Numbers in court-filed or open-court documents must be redacted to show only the last four digits, except that the specified original Qualified Domestic Relations Orders and Child Support Data Sheets are impounded under the stated conditions.
An individual’s social security number which appears in any pleading, attachment to pleading, order, exhibit, or other document filed in the court file or filed in open court shall be redacted so only the last four digits are visible with the following exceptions: 1) Any original Qualified Domestic Relations Order filed in divorce files in the Thirteenth Judicial Circuit which contain social security numbers shall be impounded by the Circuit Clerk, only to be opened by order of the court. 2) The “Child Support Data Sheet”, attached as an Exhibit to the Uniform Order of Support, shall contain social security numbers and be impounded by the Circuit Clerk and used for child support enforcement according to law.
Page 38 | 8.09(f) Redaction of Social Security Numbers
The filing party or counsel is responsible for ensuring electronic filings do not disclose protected private, sealed, or impounded information; the Clerk has no duty to review or redact it.
It is the responsibility of the filing party or counsel to insure that documents or exhibits filed electronically do not disclose previously or statutorily impounded or sealed information or private information as defined in Supreme Court Rules 15 and 138. The Clerk is not responsible for the content of filed documents and has no obligation to review, redact or screen any expunged, sealed or impounded information.
Page 79 | 13.9 PRIVACY ISSUES
Filing Bundling Requirements
The person seeking to affect marital status or their attorney must present the documents specified in Rule 8.03 to the trial judge in a single package.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the trial Judge, in a single package, the documents as set forth in 8.03 of these rules.
Page 33 | 8.05(b)
Adjournment & Extension Requirements
A continuance requires good cause; counsel’s agreement does not bind the court, which may require affidavits from the parties and counsel.
No motion to continue shall be allowed for other than good cause shown. Agreements of counsel as a motion to continue shall not be binding on the court. The court may require affidavits of the parties and counsel.
Page 20 | 2.1 MOTION PRACTICE
A personal representative must seek an extension to a definite date or less frequent accounting by verified petition stating the reasons; the petition may be heard without notice in the specified circumstances.
Requests for an extension of time to a definite date or for an order allowing accounting in a particular estate less frequently than above provided shall be filed by verified petition of the personal representative specifying the reasons for the request. The petition may be heard without notice if it requests an extension:
Page 64 | 11.12 PERIODIC ACCOUNTING
An order granting an extension must set a definite accounting date.
If the prayer of the petition is granted, the order shall set a definite date for accounting.
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A petition seeking an extension for other reasons must be set for a hearing.
If the petition seeks an extension for any other reasons, the court shall set the petition for hearing
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Absent extraordinary circumstances, a person prejudiced by an order accepting a later filing as effective on the first-attempt date is entitled to an extension for a response or other required act.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court’s order to accept a subsequent filing effective as of the date filing was first attempted, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 81 | 13.15 SYSTEM OR USER ERRORS
The parties must complete mediation within 35 days of the order, but the Court may extend the deadline based on the mediator’s representation of progress and need for more time or a party’s application showing good cause.
That the parties shall complete the mediation process within 35 days from the date of this Order, except that an extension may be granted by the Court upon a representation of the mediator that sufficient progress is being made in the mediation process and that additional time may be necessary to complete the mediation process, or upon application of either party if good cause is shown.
Page 91 | ORDER FOR MEDIATION
Insufficient time for the personal representative or attorney is not sufficient cause to extend the accounting deadline.
Lack of sufficient time on the part of the personal representative or his attorney will not constitute sufficient cause for extension.
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Chambers Communication Rules
If the order is not submitted within 14 days, the party responsible for drafting it must advise the Court of the reason for the delay.
If the order is not submitted to the Court within fourteen (14) days, the party charged with drafting the order shall advise the Court of the reason for the delay.
Page 33 | 8.05(c)
The parties and their counsel, if any, must advise the Court when the child-support payment order is entered if the custodial parent receives or has applied for Aid for Dependent Children.
It shall be the duty of the parties, and counsel if any, to advise the Court at the time of the entry of the payment order for child support if the custodial parent of the child(ren) is a recipient of Aid for Dependent Children or has an active application for such aid,
Page 51 | 9.1 PAYMENTS ORDERED THROUGH THE CLERK OF THE COURT
Afterward, the custodian must notify the Clerk of the Court within 72 hours of a change in the custodial parent’s Aid for Dependent Children recipient or application status.
and likewise any time thereafter the custodian of the child(ren) shall notify the Clerk of the Court within 72 hours of such change.
Page 51 | 9.1 PAYMENTS ORDERED THROUGH THE CLERK OF THE COURT
Filers must immediately notify the other parties, Clerk, and EFM of changes to specified contact information.
(c) All filers must immediately notify other parties, the Clerk and the EFM of any change of name, address, phone or fax number, or E-mail address.
Page 81 | 13.13(c) ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
The mediator must immediately notify the court in writing if mediation is suspended or terminated, or a party fails to comply with the Rule.
The mediator shall immediately advise the court in writing if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this Rule.
Page 49 | 8.22(c) Notice to Court
Civil-records requests may be sent by mail to the Bureau County Circuit Court at the listed address.
Request By Mail Bureau County Circuit Court 700 S. Main St Princeton, IL 61356
Page 1 | Request Copies of Civil Records
Civil-records requests may be sent by fax to the Bureau County Circuit Court.
Request By Fax Bureau County Circuit Court Fax: 815-872-0027
Page 1 | Request Copies of Civil Records
For help or information about accessibility, contact the Court Disability Coordinator at the listed address, phone number, or email.
For help or information, contact the Court Disability Coordinator: Dawn Reglin 700 S. Main St. Princeton, IL 61356 PHONE: 815-872-2001 EMAIL: dreglin@bureaucounty-il.gov
Page 1 | Accessibility
General questions and inquiries may be directed by phone to 815-872-2001.
General Questions & Inquiries Call 815-872-2001
Page 1 | General Questions & Inquiries
Civil-records requests may be made by email through the Contact Civil Records link.
Request By Email Contact Civil Records
Page 1 | Request Copies of Civil Records
General questions and inquiries may also be directed by email through the Email Us link.
General Questions & Inquiries Call 815-872-2001 Email Us
Page 1 | General Questions & Inquiries
Disability accommodation requests may be made by any means, and requesters are encouraged to contact the Court Disability Coordinator for a faster response.
Requests may be made by any means (for example, in writing or verbally). For faster responses, you are encouraged to make your request to the Court Disability Coordinator.
Page 1 | Accessibility
For information and assistance regarding remote appearances, contact the Bureau County Circuit Clerk at (815) 872-2001.
Other information and assistance regarding remote appearances can be obtained from the Circuit Clerks: | Bureau County | (815) 872-2001 | | --- | --- | | Grundy County: | (815) 941-3256 | | LaSalle County: | (815) 434-8671 |
Page 2 | 5(a) How to Get Help Appearing Remotely