Bureau Circuit Court, Illinois Document Filing Requirements

CRITICAL

Applies to

Release of information

The parties must execute a release allowing information about their program participation to be provided to the court and attorneys.

(e) The parties are required to execute a release of information as to participation in the Program to the Court and Attorneys.

CRITICAL

Applies to

Written judgment order

Upon imposing sanctions for direct criminal contempt, the court must enter a written judgment order stating the factual basis and sanctions.

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.

CRITICAL

Applies to

Claim

A claim based on a written instrument must include a copy of the instrument.

A claim founded upon a written instrument shall be accompanied by a copy of the instrument.

CRITICAL

Applies to

Statistical 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.

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.

CRITICAL

Applies to

Objection

An objection must state specific reasons for opposing extended media coverage of the witness’s testimony.

3. I object to extended media coverage of my testimony for the following reasons (please be specific):

CRITICAL

Applies to

Inventory

Inventory descriptions of notes owed to the decedent must include the specified note, maker, balance, interest, and endorsement details and, if secured, describe the security.

Descriptions of notes owed to the decedent shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements, and, if secured, a description of the security.

CRITICAL

Applies to

Written judgment order

After adjudicating indirect criminal contempt, the court must enter a written judgment order stating the factual basis and sanctions.

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.

CRITICAL

Applies to

Plaintiff pretrial memorandum

One copy of the plaintiff's pretrial memorandum must be submitted to the court.

One copy of this memorandum shall be submitted to the court

CRITICAL

Applies to

Voir dire questions

The court must mark submitted questions “asked” or “refused,” depending on its decision.

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.

CRITICAL

Applies to

Petition for leave to settle

An attorney presenting a settlement petition for a representative must include a written certification that the proposed settlement is just and proper based on the facts and law.

If a petition for leave to settle a cause of action for personal injuries sustained by a ward or decedent or a cause of action for the wrongful death of a person whose estate is in the course of administration is presented by a representative, his attorney shall certify in writing, as part of the petition, that in his opinion, based upon the facts and law, the proposed settlement is just and proper.

CRITICAL

Applies to

Affidavit

An attorney for the attorney-in-fact who is not the estate’s attorney must file an affidavit stating that he will properly supervise distribution of the funds.

If the attorney representing the attorney-in-fact is not the attorney for the estate, he shall file an affidavit stating he will properly supervise the distribution of funds held by the attorney-in-fact.

CRITICAL

Applies to

Bond

Unless the court waives the requirement, the foreign representative or attorney-in-fact must furnish a bond with surety in the court-set amount and court-prescribed form, conditioned on payment and delivery of the share to the distributee.

Unless waived by a court, the foreign representative or attorney-in-fact shall furnish bond with surety in an amount set and in a form prescribed by the court, and conditioned upon payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Support order

If the parties have the approved alternative arrangement, the support order must provide for an income withholding notice only if the obligor becomes delinquent.

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;

CRITICAL

Applies to

Party objection to extended media coverage

A party objecting to extended media coverage should file a written objection stating its reasons within 3 days after receiving notice.

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.

CRITICAL

Applies to

Petition to withdraw funds

The specified person responsible for or related to the ward must present a withdrawal petition in person unless the court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Probate Act of 1975 or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having responsibility of custody of the ward, unless personal presentation is waived by the court.

CRITICAL

Applies to

Final pre trial stipulation and statement of proposed property apportionment

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.

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.

CRITICAL

Applies to

Citation

The citation must direct the personal representative to account or appear on a court-fixed date to show cause.

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.

CRITICAL

Applies to

Claim

A claimant entitled to interest must prove the amount due through the date of allowance.

If a claimant is entitled to interest, he shall prove the amount of interest due to the date of allowance.

CRITICAL

the court, upon a showing under oath that it is in the best interests of a minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Probate Act of 1975.

the court, upon a showing under oath that it is in the best interests of a minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Probate Act of 1975.

CRITICAL

Applies to

Mediator report

The Mediator’s Report must be filed 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.

CRITICAL

Applies to

Parenting education program

Programs must be approved by the circuit's judges, with an outline, facilitator credentials and resumes, and client brochures provided for judicial review.

(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

CRITICAL

Applies to

Extension or accounting frequency petition

A request for an extension or less frequent accounting must be filed as a verified petition by the personal representative stating the reasons for the request.

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.

CRITICAL

Applies to

Guardian investment petition

A guardian’s investment petition must identify the investment category, state compliance with its limits, and disclose specified investments involving the guardian or an affiliated entity.

A petition of a guardian to invest the ward's property shall identify the category of investment pursuant to Section 21-2 et.seq. of the Probate Act of 1975, in which the proposed investment falls and shall state that the proposed investment complies with the limitations applicable in that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm or corporation in which the guardian has an interest or of which he is an officer or director, the petition shall so state.

CRITICAL

Applies to

Guardian account

Every guardian must present the account and evidence required by Section 24-11 of the Probate Act of 1975.

Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act of 1975:

CRITICAL

Applies to

Inventory

Inventory descriptions of causes of action must identify the opposing person and nature of the action and, if suit has been instituted, its title, case number, and court.

Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, case number, and court where pending.

CRITICAL

Applies to

Executor administrator account

Every executor and administrator must present the account and evidence of disbursements required by Section 2-1-1 of the Probate Act of 1975.

Every executor and administrator shall present the account and evidence of disbursements required by Section 2-1-1 of the Probate Act of 1975:

CRITICAL

Applies to

Pleading

Facts incorporated by reference must be repeated verbatim if incorporation would make the pleading difficult to understand, but Rule 134 incorporation remains permitted when the pleading stays readily comprehensible.

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.

CRITICAL

Applies to

Hearing notice or contempt petition

Covered hearing notices and contempt petitions must include the specified arrest-warrant warning in bold or underlined text.

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."

CRITICAL

Applies to

Supplemental proceeding petition

Supplemental proceedings must be initiated by filing a petition in the estate’s probate proceedings and issuing process as in other civil cases, except that tort claims invoke jurisdiction under the Code of Civil Procedure.

Supplemental proceedings shall be invoked by the filing of a petition in the probate proceedings for the administration of the estate and by the issuance of process thereon as in other civil cases except that jurisdiction over claims for personal injury, wrongful death, or other tort shall be invoked as provided by the Code of Civil Procedure.

CRITICAL

Applies to

Petition for approval

Each assignment of interest or power of attorney with respect to a distributee's interest in an estate of a decedent may be presented to the court for filing and approval. The petition for approval shall be verified and state: 1) the names and addresses of the assignor and assignees; 2) the nature and value of the interest involved; 3) in the case of an assignment, the consideration, if any, paid or to be paid to the assignor, and the fees and expenses charged or to be charged in connection therewith; and 4) in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney in fact and his agents and representatives.

Each assignment of interest or power of attorney with respect to a distributee's interest in an estate of a decedent may be presented to the court for filing and approval. The petition for approval shall be verified and state: 1) the names and addresses of the assignor and assignees; 2) the nature and value of the interest involved; 3) in the case of an assignment, the consideration, if any, paid or to be paid to the assignor, and the fees and expenses charged or to be charged in connection therewith; and 4) in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney in fact and his agents and representatives.

CRITICAL

Applies to

Claim

The original written instrument must be presented to the court at the hearing unless it is lost or destroyed.

Unless the original is lost or destroyed, it shall be exhibited to the court at the hearing.

CRITICAL

Applies to

Petition

The moving party must file a Financial Affidavit with supporting documentary evidence when filing the petition and supporting affidavits.

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)).

CRITICAL

Applies to

Support order

Every submitted support or maintenance order must state the obligor’s net income, gross income, or both, on which child support is based.

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.

CRITICAL

Applies to

Account

Account disbursements must be numbered and supported by vouchers or canceled checks, arranged in disbursement order, and presented at the account hearing.

Each disbursement stated in an account shall be numbered and supported by vouchers or canceled checks. Vouchers or canceled checks shall be arranged in the order of the disbursements and presented to the court, or if it so directs, to the Clerk of the Court, at the time of hearing on the account.

CRITICAL

Applies to

Inventory

An amended or supplemental inventory must be presented to the court and filed if property was erroneously described or assets were improperly included or excluded in a prior inventory.

An amended or supplemental inventory shall be presented to the court and filed if: 1) real or personal property has been erroneously described in the prior inventory; or 2) assets have been improperly included in or excluded from a prior inventory; or

CRITICAL

Applies to

Mediator report

At the conclusion of the specified conferences, the mediator must file a report with the court stating that mediation services are terminated and indicating the conference outcomes.

(j) Upon the conclusion of the mediation conference (or the pre-mediation or status conferences, if the defendant borrower fails to appear or does not meet any criteria for loan workout or resolution of the action), the mediator shall file a report with the court terminating mediation services and indicating the outcome of the conferences.

CRITICAL

Applies to

Petition for expenditure from ward estate

A petition seeking to use a ward’s estate for support, comfort, or education must state the estate’s present value, the ward’s available annual income, and the expenditure’s purpose.

A petition of a guardian or conservator to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.

CRITICAL

Applies to

Summons notice or court order setting court dates

Summonses, notices, and court orders setting dates for remote-appearance-eligible participants must include Zoom access information, dial-in information, and the courthouse address and courtroom number.

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Link or instructions where to obtain this Zoom information, (2) dial-in information, and (3) the courthouse address and courtroom number.

CRITICAL

Applies to

Trial brief

Any trial brief must disclose the party's theory of the case and include the nature of the case, expected contested facts, the theory supporting requested relief, and supporting authorities.

The purpose of the trial briefs is full and complete disclosure of the parties' respective theories of the case. The trial brief shall include a statement of the nature of the case; a full and complete statement of the contested facts the party expects the evidence will establish, in support thereof, the party's theory of just distribution of marital property of other relief pursuant to provisions of the statute together with authorities to support thereof.

CRITICAL

Applies to

Civil records request

A civil-records request must be written and include the requester’s name, address, daytime telephone number, case number if known, and the information sought; the requester is encouraged to provide as much additional information as possible.

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.

CRITICAL

Applies to

Supplemental proceeding petition

Must include

case number

A supplemental-proceeding petition must identify the proceeding type and use the estate’s case number with a letter suffix.

The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with the suffix "A", "B", "C", etc.

CRITICAL

Applies to

Claim

When mailing or delivery is waived and the claim is consented to in writing, the clerk must promptly notify the court and judgment for the claimed amount is to be entered.

If mailing or delivery of the claim is waived and the claim is consented to in writing, the clerk shall forthwith notify the court and judgment for the amount claimed shall be entered thereon.

CRITICAL

Applies to

Verified schedule of property

When directed by the court, sureties must execute and file verified schedules of property.

Sureties shall execute and file verified schedules of property when so directed by the court.

CRITICAL

Applies to

Account

Each executor and administrator must account for the administration as required by Section 24-1 of the Probate Act of 1975.

Each executor and administrator shall account for his administration as required pursuant to Section 24-1 of the Probate Act of 1975.

CRITICAL

Applies to

Distribution order

If a distributee dies after the decedent but before receiving the full distributive share, evidence of the distributee’s death and other documents required for an order of distribution must be presented to the court.

(i) Death of Distributee. If the distributee of a decedent's estate dies after decedent's death but before the receipt of his entire distributive share, evidence of his death and such other documents as may be required for the entry of an order of distribution shall be presented to the court.

CRITICAL

Applies to

Settlement petition

A settlement for a minor or disabled adult requires a physician's or surgeon's statement filed with the petition describing the injury and the ward's current medical condition.

No settlement on behalf of a minor or disabled adult will be authorized unless a statement of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury and the current medical condition of the ward.

CRITICAL

Applies to

Application to open estate

An application to open an estate for a minor or disabled adult must incorporate or attach a copy of the hearing judge's order.

The application shall have incorporated in, or attached thereto, a copy of the order of the hearing judge.

CRITICAL

Applies to

Motion

Each motion’s title must indicate the relief sought.

The title to each motion shall indicate the relief sought.

CRITICAL

Applies to

Mediation notice form

The mediation notice must describe the mediator’s loan-workout evaluation and the alternative mediation options if a modification is infeasible or the borrower does not wish to keep the home.

The form shall include a provision that the case will be evaluated by an outside mediator for possible loan modification or other loan workout. The notice shall further state that if such modification is not deemed feasible, or the borrower does not desire to save his or her home, then mediation may still be used to assist the parties in discussing a consent foreclosure, short sale or deed-in-lieu of foreclosure in which the lender will waive any deficiency against the borrowers.

CRITICAL

Applies to

Mediator report

The mediator must report the mediation’s conclusion, termination, or suspension to the Court, without disclosing conversation substance; the mediator may not be called as a witness.

When the mediation process has been concluded, terminated, or suspended, that fact shall be reported by the mediator to the Court within 10 days of the last mediation session, but the mediator shall not report the substance of any conversation with either of the parties during the mediation meetings, nor shall the mediator be called as a witness in these proceedings.