Bureau Circuit Court, Illinois Document Filing Requirements

CRITICAL

Applies to

Notice

The notice must state the hearing’s time, date, place, and nature and include substantially the prescribed sentence.

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

CRITICAL

Applies to

Documents affecting marital status

Documents affecting marital status must conform to the cited statutes and include the specified findings.

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.

CRITICAL

Applies to

Motion

A motion to determine that a case is ineligible for mediation must include an affidavit setting out specific facts explaining why mediation is inappropriate.

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.

CRITICAL

Applies to

Support order

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.

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.

CRITICAL

Applies to

Receipt and certificate

The foreign representative or attorney-in-fact must acknowledge receipt of the share in writing, certify that the authority to receive it has not been revoked, and file the receipt and certificate with the vouchers.

The foreign representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the representative and shall certify in the receipt that his authority to receive the distributive share has not been revoked. The representative shall file the receipt and certificate with his vouchers.

CRITICAL

Applies to

Petition to probate

For a handwritten will, the petitioner must file a typewritten copy and an affidavit confirming its accuracy.

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.

CRITICAL

Applies to

Support order

A support or maintenance order must provide a termination date.

Provide for a termination date for said support and/or maintenance.

CRITICAL

Applies to

Certificates of publication or mailing

The person seeking service by publication is responsible for promptly filing the appropriate Certificates of Publication and/or Certificates of Mailing, except for matters assigned to the Circuit Clerk.

(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.

CRITICAL

Applies to

Pleading

Must include

case number

Pleadings must include a cause entitlement and number.

All pleadings shall include a cause entitlement and number

CRITICAL

Applies to

Mediated agreement

Each mediated agreement must be presented to the court by the parties or their attorneys, if any.

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.

CRITICAL

Applies to

Final judgment

A certificate showing the parties completed the program must be presented to the court before entry of final judgment.

(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.

CRITICAL

Applies to

Statement of nature of case

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.

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.

CRITICAL

Applies to

Support order

The support order must state a dollar amount for post-order delinquency payments, and that amount cannot be less than 20% of the current support amount plus the periodic arrearage payment stated in the order.

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;

CRITICAL

Applies to

Claim

A claim based on personal injury, wrongful death, or another tort must conform to the Code of Civil Procedure.

(b) When Founded on a Cause of Action. If a claim consists of a cause of action for personal injury, wrongful death, or other tort, the statement of the claim and proceedings shall conform to the provisions of the Code of Civil Procedure.

CRITICAL

Applies to

Agreement

Any agreement reached must be written and signed by the parties and their counsel, if any; the court may retain jurisdiction during a trial period if the parties request it.

If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, and at the request of the parties, the circuit court may retain jurisdiction of the case to accommodate any “trial period” which the parties enter into prior to a loan modification being effective.

CRITICAL

Applies to

Attorney fee petition

An attorney-fee award against a client requires a previously filed verified fee petition and a billing itemization stating the hourly cost, time spent, and tasks performed.

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.

CRITICAL

Applies to

Receipts

Petitioners must file receipts documenting all sums expended, unless excused.

Unless excused from doing so, within 30 days after entry of the order for withdrawal, the petitioners shall file receipts for all sums expended.

CRITICAL

Applies to

Responsive pleading

The responding party must file a Financial Affidavit with the same form and supporting documentary evidence when filing the responsive pleading.

The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above)

CRITICAL

Applies to

Financial affidavit

The responding party must file the specified Financial Affidavit and 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.

CRITICAL

Applies to

Extended media coverage objection

An objection to extended media coverage must state the good-cause basis and describe the specific supporting facts and circumstances.

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:

CRITICAL

Applies to

Written motion

A person seeking permission to appear remotely must use a written motion, unless a standing order or case-specific discretionary exception allows otherwise.

Unless otherwise allowed by (1) an individual Court's own standing order or (2) a case-by-case exception made within the Court's discretion, a person seeking permission to appear remotely pursuant to Supreme Court Rule 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Circuit Court Rules 2.1(a) and 2.1(c).

CRITICAL

Applies to

Inventory

An amended or supplemental inventory must be filed when additional assets are received or discovered, but need not repeat assets correctly described in a prior inventory.

3) additional assets have been received by the representative or have come to his knowledge. A supplemental inventory or an amendment to an inventory need not repeat assets correctly described in a prior inventory.

CRITICAL

Applies to

Guardian account

A guardian’s account must disclose the ward’s location and condition, schooling or occupation, known proceedings involving the estate or its representative, and the existence of all stated assets to the judge’s satisfaction.

(g) Contents of Guardian's Account. An account of a guardian or a guardian to collect shall disclose: 1) the physical location of the ward and his physical and mental condition: 2) the ward's attendance in school or occupation: 3) the pendency of any suit or proceeding known to him by or against the estate or the representative of the estate, and: 4) to the judge's satisfaction the existence of all assets stated.

CRITICAL

Applies to

Civil contempt petition

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.

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.

CRITICAL

Applies to

Financial affidavit

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.

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)).

CRITICAL

Applies to

Claim

Within 10 days after filing the claim, the claimant must file with the clerk proof of mailing or delivery, or a waiver.

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.

CRITICAL

Applies to

Inventory

Each inventory, amended inventory, and supplemental inventory must be presented to the court for filing.

Each inventory and amended or supplemental inventory shall be presented to the court for filing.

CRITICAL

Applies to

Support order

The court will not enter the support order if the required information is missing.

Failure to provide the above information in the order shall prevent entry of the order by the court.

CRITICAL

Applies to

Financial affidavit

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).

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)).

CRITICAL

Applies to

Inventory

Real estate descriptions in an inventory must include the legal description and, if any, the property address.

Descriptions of real estate shall include the legal description and address, if any, of the property.

CRITICAL

Applies to

Pretrial memorandum

Each party’s attorney must prepare a full, complete, typewritten pre-trial memorandum in a form similar to Appendices A and B.

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.

CRITICAL

Applies to

Final mediator report

When mediation ends without agreement, the mediator must file a report stating that mediation concluded without disclosing why the parties did not agree.

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.

CRITICAL

Applies to

Mediation participation consent

Children may participate in mediation only with the written consent of all parties and the mediator, and each parent or applicable representative or guardian ad litem may withhold consent.

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.

CRITICAL

Applies to

Expense request

An attorney seeking expenses beyond the fee must provide the court an affidavit certifying that the expenses are reasonable, necessary, and proper.

If an attorney asks for any expense beyond his fee, he shall furnish the court with his affidavit certifying to the reasonableness, necessity, and propriety of the expense.

CRITICAL

Applies to

Pleading

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.

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.

CRITICAL

Applies to

Power of attorney or assignment

A foreign representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the share; a power of attorney or assignment must be signed by the distributee and authenticated and acknowledged before an American Consul unless the judge accepts other evidence of authenticity.

The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that his principal is the person entitled to receive the distributive share. Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before an American Consul, unless the judge is satisfied with other evidence of the authenticity of the power of attorney or assignment.

CRITICAL

Applies to

Inventory

Inventory descriptions of bonds must include the specified value, obligor, bond, interest, maturity, coupon, and endorsement information.

Descriptions of bonds shall include the total face value, name of obligor, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid and endorsements.

CRITICAL

Applies to

Petition

A petition involving delinquent child support in a Rule to Show Cause proceeding must be filed with an Affidavit of Amount Due similar to Appendix E.

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.

CRITICAL

Applies to

Safe deposit box inventory

A guardian taking possession of a ward’s safe deposit box must initially open it in the presence of the bond surety or a depository representative and file an itemized inventory of its entire contents with the Clerk.

An individual guardian who takes possession of a safe deposit box of his ward shall initially open it in the presence of the surety on his bond or a representative of the depository and shall prepare an itemized inventory of the entire contents, which shall be filed with the Clerk.

CRITICAL

Applies to

Personal surety schedule

If the court orders it, each personal surety must present a verified schedule in the court-prescribed form and provide a written agreement not to convey or encumber the listed real estate until released from liability.

If so ordered by the court, each person signing as personal surety on a bond shall present a verified schedule in the form prescribed by the court and agree in writing that he will not convey or encumber the real estate described therein until he is released from liability.

CRITICAL

Applies to

Pretrial stipulation

Each party must state the specific relief requested and the facts supporting its position.

12. PRAYER FOR RELIEF: Each party must set forth a statement of Specific Relief requested upon the facts supporting their position.

CRITICAL

Applies to

Notice

The notice must state that the mediator will keep the financial information confidential and will not disclose it without the defendant’s consent.

(e) Lastly, the notice shall indicate that the financial information shall be held in strict confidence by the mediator and not disclosed to any other party without the consent of the defendant.

CRITICAL

Applies to

Inventory

Inventory descriptions of partnership interests must state the partnership’s name and address and, if known, the approximate value and interest of the estate.

Descriptions of partnership interests shall include the partnership name and address and the approximate value and interest of the estate, if known.

CRITICAL

Applies to

Inventory

An inventory describing a beneficial interest in real estate must state the trustee’s name and address and other identifying information.

If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated.

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.

CRITICAL

Applies to

Pretrial stipulation

Documents intended for rebuttal or impeachment must be listed as exhibits.

ALL DOCUMENTS THAT ARE INTENDED TO BE OFFERED AS REBUTTAL EVIDENCE OR IMPEACHMENT PURPOSES NEED TO BE LISTED.

CRITICAL

Applies to

Representative discharge

Before a representative is discharged, the court or clerk must receive either proof that inheritance taxes are paid or a qualifying statement that the estate is not subject to them.

(f) Inheritance Tax Receipts. Before the discharge of a representative there shall be presented to the court, or clerk, as the court directs: 1) a receipt of the County Treasurer, countersigned by the State Treasurer, showing that all inheritance taxes are paid, or 2) a memorandum signed by the proper authorities or a verified statement of the personal representative that the estate is not subject to inheritance taxes.

CRITICAL

Applies to

Notice of hearing

A motion already ruled on by one judge may not be renewed before another without leave of court, and the hearing notice must identify the prior ruling and judge.

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.

CRITICAL

Applies to

Petition to probate

For a will in a language other than English, the petitioner must file a typewritten copy and a qualified translator’s certification that the translation is accurate.

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.

CRITICAL

Applies to

Notice of hearing

A hearing notice must identify the cause, hearing date and time, courtroom, and nature of the motion.

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.