15th Judicial Circuit Court, Carroll County, Illinois Document Filing Requirements

CRITICAL

Applies to

Dismissal stipulation

A stipulation dismissing a pending action must include the financial institution’s voucher.

A stipulation dismissing any pending action shall be accompanied by the voucher from the financial institution.

CRITICAL

Applies to

Pretrial documents

Must include

exhibit list

Unless otherwise ordered, attorneys and SRLs must file and serve the listed pretrial documents at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference. Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Inventory

A stock description must include the number of shares, class, exact corporate title, and the state of incorporation when needed to identify the stock.

Descriptions of stock shall include the number of shares, class of stock, exact corporate title, and state of incorporation if the state is necessary to identify the stock.

CRITICAL

Applies to

Settlement order

For annuity payments before majority, the settlement order must direct payment to the estate, prohibit distributions without leave, and require proof of allowed payments to be filed.

When annuity payments or income are payable before the beneficiary reaches the age of majority, an order approving the settlement shall provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court, and that proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Motion to terminate mediation

A motion to terminate mediation must include an affidavit stating specific reasons why continuing mediation would be inappropriate.

Any motion to terminate mediation must be supported by an affidavit setting forth specific facts as to why continuing the mediation would be inappropriate.

CRITICAL

Applies to

Objection

The 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

Foreclosure sale documents

Before a foreclosure sale, the plaintiff or its attorney must supply the sheriff with a certified copy of the sale judgment, a publication certificate, and, when applicable, a certificate showing sale notices were mailed to the parties.

In addition to the services above mentioned, the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff with: (1) A certified copy of the judgment directing sale; (2) A certificate of publication of the notice of sale; and (3) A certificate showing copies of the notices of sale have been mailed to parties to the action, when applicable.

CRITICAL

Applies to

Discovery receipt

An attorney or self-represented litigant who receives or reviews discovery materials must acknowledge doing so by signing the disclosing party’s receipt.

The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

CRITICAL

Applies to

Guardian report

A guardian’s or guardian-to-collect report must disclose the ward’s location, physical and mental condition, and school attendance or occupation.

A report of a guardian or a guardian to collect shall disclose the physical location of the ward, the ward’s physical and mental condition, and the ward’s attendance in school or occupation.

CRITICAL

Applies to

Probate petition

A petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit confirming the copy is true and correct to the best of the affiant’s knowledge.

When seeking to probate a handwritten will and/or codicil, the petitioner shall file a typewritten copy of the will and/or codicil with the petition and an affidavit of the petitioner or other person typing the will and/or codicil that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Written appearance

An attorney must file a written appearance before addressing the Court.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court.

CRITICAL

Applies to

Motion to seal

A sealing or impoundment motion must explain its basis and state the proposed duration.

The motion must explain the basis for sealing or impounding the file, record, or document and specify the proposed duration of the sealing or impounding order.

CRITICAL

Applies to

Parenting education proof

Each parent in a case involving a minor child must complete an approved parenting program and provide proof before prove-up or final order.

In all cases in which the parties have a minor child, each parent must attend an approved parenting education program and provide proof of completion before any prove-up or final order in the action.

CRITICAL

Applies to

Default motion

A default-motion notice or motion must warn the defendant that a default finding means no notice of later proceedings.

If the motion is for a finding of a default under Rule 5.2(1), either the notice or the motion must inform the defendant that if the defendant is found to be in default at the hearing, the defendant shall not be entitled to notice of further proceedings in the action.

CRITICAL

Applies to

Attorney registration

Attorneys registering to e-file must provide the listed firm, attorney, contact, e-service, staff, and fee-payment information.

Attorneys must register with the Clerk and shall at a minimum provide the following information: firm name; attorney names and ARDC registration numbers; address; phone number; e-mail address for E-service; staff contact information; and an approved method for paying filing fees.

CRITICAL

Applies to

Assignment approval petition

An approval petition for an estate-interest assignment or power of attorney must be verified and include the specified party, interest, consideration, fee, and expense details.

The petition for approval shall be verified and, in the case of an assignment, state the names and addresses of the assignor and assignee, the nature and value of the interest involved, the consideration paid to or to be paid to the assignor, and the fees and expenses charged or to be charged, and, 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

Discovery receipt

The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

CRITICAL

Applies to

Trial continuance motion

A trial-continuance motion based on a conflicting setting must include an attorney affidavit identifying the other case, judge, setting details, and date set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Financial disclosure

The financial disclosure must include details of any claim of a right to reimbursement for contribution.

(8) A statement setting forth the details of any claim of a right to reimbursement for contribution;

CRITICAL

Applies to

Appointed attorney contact information

Appointed attorneys must submit current contact information, updated as needed, with a statement or other verification of continuing-education attendance.

Each appointed attorney shall submit to the Chief Judge current contact information (updated as needed) with a statement or other verification of attendance at continuing education.

CRITICAL

Applies to

Pleading

Each pleading must identify the circuit, county, and parties.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

Financial disclosure

The financial disclosure must include each party’s federal and state tax returns and related schedules, W-2 forms, and 1099 forms for the three calendar years preceding the order.

(13) Copies of federal and state tax returns of any party, together with all supporting schedules, W-2 forms, and 1099 forms for all income included in the returns for the three calendar years preceding the date of the order;

CRITICAL

Applies to

Financial disclosure

The financial disclosure must list specified financial institution accounts in which a party has a legal or equitable interest and provide the institution’s name and address and the account identification number.

(11) A list of any accounts held by any bank, savings and loan, brokerage company, credit union, or other thrift institution in which accounts any party has a legal or equitable interest, whether held in the name of a party or by any other person or entity for the benefit of a party, setting forth the name and address or any institution or entity and the identification number of the account;

CRITICAL

Applies to

Subpoena

A document subpoena must include the prescribed legend, including mail-compliance and written-certification instructions and the two-business-day mailing limit.

Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Financial disclosure

The disclosure must identify doctors and mental health professionals who consulted with or treated a party’s child during the 12 months preceding the order.

(14) The names and addresses of any doctors, psychologists, psychiatrists, or mental health counselors who have consulted with or treated any child of the parties during the 12 months preceding the date of the order; and

CRITICAL

Applies to

Inventory

A real-estate description must include the legal description and, if any, the property’s address.

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

CRITICAL

Applies to

Financial disclosure

The financial disclosure must identify insurance policies covering a party’s life and provide the insurer’s name and address, policy number, and face and cash values.

(12) The existence of any cash value life insurance, term insurance, or other insurance policies covering the life of any party, including the name and address of the company, the policy number, and the face and cash values of each policy;

CRITICAL

Applies to

Petition

A petition seeking a rule to show cause for indirect civil contempt must be verified, clearly state its factual basis, and make a prima facie showing of contempt; testimony may be used instead.

Except as provided in these Rules, a rule to show cause for indirect civil contempt shall be issued only on a verified petition that clearly sets forth the facts on which the petition is based or on testimony of the complaining party. Any verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Account hearing notice

The account-hearing notice must state the hearing details and substantially include the prescribed binding-effect warning.

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, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Applies to

Order

The preparer’s name, address, and telephone number must appear at the lower left of the order’s last page.

The attorney or SRL preparing the order shall place his or her name, address, and telephone number at the lower left portion of the last page of the order.

CRITICAL

Applies to

Motion

Each motion must identify the relief and governing authority, state its factual and legal bases, and cite authority the movant wants considered.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Financial institution voucher

The voucher must acknowledge receipt of the funds and the settlement order and include the required no-withdrawals wording, though it may permit withdrawals without court order after a minor reaches majority.

The voucher must acknowledge receipt of the funds and a copy of the Court’s order approving the settlement and shall include the express language that “No withdrawals shall be made from this account unless authorized by order of Court.” If the account is for the benefit of a minor, the voucher may allow withdrawals without order of court after the date on which the minor reaches the age of majority.

CRITICAL

Applies to

Hearing notice

Specified post-judgment and contempt notices must prominently include the prescribed warning that failure to appear may result in an arrest warrant.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which 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

Petition for adjudication of indirect criminal contempt

An indirect criminal contempt proceeding must be initiated by filing a petition for adjudication.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt.

CRITICAL

Applies to

Srl appearance

An SRL’s appearance must include legible name, address, telephone number, and an email address if required.

Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Hearing notice

The hearing notice must state its time, date, and place and include the specified warning.

The notice shall include, in addition to the time, date, and place of hearing, 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

Mediation agreement summary

The mediator must prepare a written summary of the agreements reached in mediation.

The mediator shall summarize, in writing, the agreements reached by the parties.

CRITICAL

Applies to

Srl appearance

An SRL appearance waiving notice or consenting to an immediate hearing must state receipt of the relevant pleading and attach it.

If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of any pleading seeking relief with respect to him or her and attach a copy of that pleading to the appearance.

CRITICAL

Applies to

Written appearance

An SRL must file a written appearance before participating in a Court hearing.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court.

CRITICAL

Applies to

Original pleading or clerk document

The initial conference’s time and date must appear on the original pleading and party copies or in a separate Clerk-completed document.

The time and date of the initial case management conference shall be affixed to the original pleading and on all copies served on or retained by the parties or indicated in a separate document completed by the Clerk to be delivered to the plaintiff and to be served with the summons on all defendants.

CRITICAL

Applies to

Motion for default

In other default situations, the plaintiff must file a written motion requesting default and specifying any other relief sought at the hearing.

In all other instances, a plaintiff seeking a finding that a defendant is in default for failing to appear, answer, or otherwise plead must file a written motion asking that the defendant be found in default and specifying what other relief, if any, the plaintiff will seek during the hearing on the motion.

CRITICAL

Applies to

Notice of hearing

Covered hearing notices must state the hearing’s time, date, and place and include the specified arrest-warrant warning.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which 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

Subpoena

A subpoena seeking documents must display or conspicuously attach the prescribed legend.

Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Receipts

The petitioner must file receipts for all sums expended, unless excused.

Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended.

CRITICAL

Applies to

Attorney appearance

An attorney appearance must give legible contact information and identify the responsible attorney or attorneys when filed by a firm.

Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case.

CRITICAL

Applies to

Mediation statistics

Mediators must provide the Court with statistical information required by the Illinois Supreme Court to measure and monitor the mediation program.

Mediators shall provide statistical information to the Court, as required by the Illinois Supreme Court, to assist in measuring and monitoring the performance of the mediation program.

CRITICAL

Applies to

Safety deposit box inventory

Representatives and guardians must timely file a sworn inventory of the safety deposit box’s contents with the Clerk.

All representatives and guardians shall timely file with the Clerk a sworn inventory of a safety deposit box’s contents.

CRITICAL

Applies to

E document

Must include

case number

Each e-document must include the case title, case number, and nature of the filing.

Additionally, each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Guardian investment petition

A guardian’s investment petition must identify the investment category, certify compliance with its limitations, and disclose specified purchases from the guardian or the guardian’s firm.

A petition of a guardian to invest the ward’s property shall identify the category of the proposed investment pursuant to section 21-2 of the Act and certify 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 of which he or she is an officer or director, the petition shall so state.

CRITICAL

Applies to

Settlement funds

Invested settlement funds may not be withdrawn or used without Court approval.

Invested funds shall not be withdrawn or used without approval of the Court.