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

CRITICAL

Applies to

Petition for leave to receive distributive share

The foreign representative, attorney-in-fact, or assignee must present a petition for leave to receive the share in a form acceptable to the Court.

The foreign representative, attorney-in-fact, or assignee shall present a petition for leave to receive the share in a form acceptable to the Court.

CRITICAL

Applies to

Motion to continue

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

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

Mediated agreement

The Court must be advised that a party is self-represented when the mediated agreement is presented for approval.

If a party is an SRL, the Court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Discovery motion

A request for relief concerning specified discovery must attach the relevant portions as an exhibit and be filed with the Clerk.

However, if relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response, copies of the portion of the deposition, interrogatory, request, answer, or response shall be attached to the request for relief as an exhibit and filed with the Clerk.

CRITICAL

Applies to

Accounting hearing notice

Accounting hearing notices must state the hearing’s time, date, place, and nature and substantially include the prescribed binding-effect sentence.

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

The disclosure must identify each witness the party intends to call at trial, provide contact information, and describe the subject matter of the witness’s testimony.

(15) The names, addresses, telephone numbers, and e-mail addresses of all witnesses the disclosing party intends to call at trial, together with a description of the subject matter about which each witness might be called to testify.

CRITICAL

Applies to

Amended or supplemental inventory

An amended or supplemental inventory must be filed if property was erroneously described, assets were improperly included or excluded, or additional assets were received or discovered.

An amended or supplemental inventory shall be filed with the Clerk if real or personal property has been erroneously described in a previous inventory, assets have been improperly included or excluded from a previous inventory, or additional assets have been received by the representative or have come to his or her knowledge.

CRITICAL

Applies to

Petition for adjudication of indirect criminal contempt

The petition must be verified and describe the alleged contemptuous conduct with particularity.

The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Judgment order

After an adjudication of civil contempt, a written judgment order must specify the conduct, sanctions, and means to purge the contempt.

On an adjudication of civil contempt, the complaining party or the Court shall prepare a written judgment order specifying the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself or herself of the contempt.

CRITICAL

Applies to

Foreclosure sale documents

Unless otherwise directed, the foreclosure plaintiff or its attorney must prepare the listed sale documents and otherwise assist the Court and sheriff in carrying out the sale.

In all real estate sales in foreclosure, the plaintiff or attorney for the plaintiff, unless otherwise directed, shall prepare the appropriate documents and otherwise aid the Court and sheriff in carrying out the sale, which documents and services shall include (but not be limited to) the following: (1) Preparation of the publication notice for sale and arranging for publication of the notice as required by law; (2) Preparation of the sheriff’s report of sale to be executed by the sheriff as well as the sheriff’s deed or deeds, if needed; (3) Preparation of the certificate of sale in duplicate to be executed by the sheriff; and (4) Preparation of orders approving the report of sale for entry by the Court, as well as a memorandum of judgment when applicable.

CRITICAL

Applies to

Assignment of interest or power of attorney

Each assignment of interest or power of attorney concerning a distributee’s estate interest must be presented to the Court for filing and approval.

Each assignment of interest or power of attorney with respect to a distributee’s interest in a decedent’s estate shall be presented to the Court for filing and approval.

CRITICAL

If a distributee dies before receiving the entire distributive estate, the representative must present evidence of the death and any other documents required for an order of distribution.

If the distributee of a decedent’s estate dies after the decedent’s death but before the receipt of his or her entire distributive estate, the representative of the estate shall present to the Court evidence of the distributee’s death and any other documents as may be required for entry of an order of distribution.

CRITICAL

Applies to

Settlement conference stipulation

If a settlement conference is held, participants must prepare a stipulation covering any matters on which they agree.

At the settlement conference, the participants shall conduct good faith settlement negotiations, identify all disputed issues the Court needs to resolve, prepare a stipulation as to any agreed matters, and consider any other matters that might aid, expedite, or simplify the action.

CRITICAL

Applies to

Ward expenditure petition

A petition to spend ward-estate funds must state the estate value, available annual income, proposed purpose, and all payments received by the ward or petitioner.

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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Settlement order

A settlement-approval order must direct distribution and require vouchers proving receipt by the time set by the Court.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

Applies to

E filed document

Unless the Court orders otherwise, filers must preserve electronically filed documents containing original signatures until at least the stated one-year period after a judgment or dismissal order becomes final; the source sentence continues beyond this excerpt.

Unless otherwise ordered by the Court, the Filer shall maintain and preserve all documents containing original signatures that are filed electronically until one year after the date that any judgment or dismissal order has become final and

CRITICAL

Applies to

Application for appointment

Attorneys seeking appointment to represent children or serve as a guardian ad litem in Allocation Cases must apply in writing to the Chief Judge and state their qualifications.

Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem shall apply in writing to the Chief Judge, setting forth the applicant’s qualifications.

CRITICAL

Applies to

Accounting

Every accounting must include a listing of all disbursements from the estate.

All accountings shall include a listing of all disbursements from the estate.

CRITICAL

Applies to

Order of denial

If the Court denies a motion heard without prior notice, it must enter an order of denial of record.

If a motion heard without prior notice is denied, the Court shall spread of record an order of the denial.

CRITICAL

Applies to

Ward estate expenditure petition

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

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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Verified complaint or affidavit

A verified complaint or affidavit must be signed by the plaintiff or the plaintiff’s agent, not the plaintiff’s attorney.

Verified complaints and affidavits must be signed by the plaintiff or an agent of the plaintiff, not by the plaintiff’s attorney.

CRITICAL

Applies to

Settlement petition

A petition to approve a decedent-estate settlement must be verified and contain the listed occurrence, parties, insurance, injury, fairness, fee, and cost information.

To settle a cause of action for personal injuries or death or any other action in which a decedent’s estate will receive any or all the settlement proceeds, the executor or administrator shall execute and file a verified petition setting forth: (1) A description of the occurrence giving rise to the cause of action; (2) The name and address of the person or entity against whom the cause of action has accrued; (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the applicable liability insurance policy; (4) A brief description of the injuries sustained by the decedent and a list of hospital and medical expenses incurred by the decedent as a result of the occurrence; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Inventory

If the estate includes a beneficial interest in real estate, the inventory 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

E document

Must include

caption, 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

Surety bond

Unless the Court waives the requirement, the foreign representative, attorney-in-fact, or assignee must furnish a surety bond in the amount and form accepted by the Court, conditioned on payment and delivery of the share to the distributee.

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

CRITICAL

Applies to

Motion

Every motion must identify the requested relief and governing provision, state its factual and legal bases, and include citations to the legal authorities the moving party wants the Court to consider.

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

Written motion

A person seeking permission to appear remotely must use a written motion, unless an individual court’s standing order or a case-by-case 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 S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Estate tax documentation

A representative must file documentation with the Clerk showing that estate taxes have been paid or do not apply before the Court may discharge the representative.

The Court shall not discharge a representative unless the representative has filed with the Clerk appropriate documentation that all estate taxes have been paid or that the estate is not subject to estate taxes.

CRITICAL

Applies to

E document

Except for the specified attorney and supervised non-attorney signature methods, every person whose signature is required must sign the E-document.

Except as set forth in Rules 2.8(a) and 2.8(b), E-documents requiring a signature or signatures shall be signed by each person whose signature is required.

CRITICAL

Applies to

Financial disclosure

The financial disclosure must include current representative wage stubs or other documents showing the disclosing party’s income from all sources.

(5) Current representative wage stubs or other documents demonstrating the disclosing party’s current income from all sources;

CRITICAL

Applies to

Inventory

Each inventory must list the known real and personal property and causes of action as of the applicable date of death or guardian appointment.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue.

CRITICAL

Applies to

Petition for issuance of commission

A petition for a commission to depose a will or codicil witness must state the witness’s name and address, the reason for the witness’s inability to attend, and the directed officer’s name and address, and include proposed written interrogatories.

A person seeking admission of a will or codicil to probate and desiring to take the deposition of a witness to a will or codicil as provided in section 6-5 of the Act shall file a petition for issuance of a commission stating the name and address of the witness, the reason the witness is unable to attend court, and the name and address of the officer to whom the commission is directed. A copy of the proposed written interrogatories shall be attached to the petition.

CRITICAL

Applies to

Investment approval petition

A guardian must petition for Court approval to retain an investment or increase not authorized by the Act.

If a guardian desires to retain an investment (including a life, endowment, or annuity policy) or any increase in that investment that is not authorized by section 21-2 of the Act, the guardian shall petition the Court for approval to retain the investment or increase.

CRITICAL

Applies to

Hearing notice

The accompanying hearing notice must state the time, date, and place of the hearing and comply with Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Applies to

Hearing notice

The hearing notice must state the time, date, and place and include the required arrest-warrant warning.

A notice of the hearing on a rule to show cause 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

Motion hearing notice

A motion-hearing notice must state the action title and number, expected judge, and hearing date and time.

In the notice, the party shall provide the title and number of the action, the name of the judge expected to hear the motion, and the time and date when the motion will be presented.

CRITICAL

Applies to

Inventory

A cause-of-action description must identify the defendant or potential defendant and the claim’s nature, and include specified case details if suit has been instituted.

A description of a cause of action shall include the name of the defendant(s) or potential defendant(s), its nature, and, if suit has been instituted, the title, case number, and court in which it is pending.

CRITICAL

Applies to

Disclosure

Disclosure is a continuing duty; parties must seasonably supplement or amend when new or different information becomes known.

The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

E filed document

By E-filing a document that requires an original signature, the filer certifies that the original signed document is in their possession.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession.

CRITICAL

Applies to

Financial disclosure

Each party must seasonably supplement and amend disclosures when the party learns new or different information or documents.

The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

Judgment order

When imposing sanctions, the Court must enter a written judgment order stating the factual basis for the contempt finding and specifying the sanctions.

When imposing sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions.

CRITICAL

Applies to

Fee petition

A fee petition must include a statement of the estate’s gross value, completed and future work and time, the fee requested, and expenses for which reimbursement is sought.

A petition for fees shall be accompanied by a statement briefly setting forth the gross value of the estate, a summary of the work completed and to be completed in the future, including time expended, the amount of fee requested, and the expenses advanced for which reimbursement is requested.

CRITICAL

Applies to

Verified petition

A verified settlement petition must provide the listed occurrence, party, insurance, injury and expense, fairness, and fee information.

To settle a cause of action for personal injuries and/or property damage sustained by a minor or ward or any other action in which a minor or ward will receive any or all the settlement proceeds, the legal representative of the minor, ward, or decedent’s estate shall execute and file a verified petition setting forth: (1) A description of the occurrence giving rise to the cause of action; (2) The name and address of the person or entity against whom the cause of action has accrued; (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the applicable liability insurance policy; (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of the minor or ward as a result of the occurrence. The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Probate inventory

An inventory must list known property and causes of action as of the specified date and must be verified in the stated supervised, minor, or disabled-person estates.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue. The inventory in a decedent’s estate under supervised administration or in the estate of a minor or disabled person shall be verified.

CRITICAL

Applies to

Compliance report

The compliance report must include the distributee’s receipt evidencing payment and delivery of the distributive share.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Applies to

Financial institution voucher

The financial institution’s voucher must acknowledge the funds and settlement order and state that withdrawals require Court authorization.

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.”

CRITICAL

Applies to

Current or final report

In estates of disabled persons and minors, fees may be allowed only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance at another time.

Fees shall be allowed in estates of disabled persons and minors only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance of fees at another time.

CRITICAL

Applies to

Attendance verification

Attendance verification must be submitted to the Chief Judge when attendance occurs or upon request.

Verification of attendance shall be submitted to the Chief Judge at the time of attendance or on request.

CRITICAL

Applies to

Guardian policy change petition

A guardian must petition the Court for approval before materially changing the terms of a covered policy.

Before making any material change to the terms of any life, endowment, or annuity policy purchased pursuant to section 21-2 of the Act, the guardian shall petition the Court for approval.

CRITICAL

Applies to

Settlement approval order

If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the estate and restrict use or transfer without court leave.

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.