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

CRITICAL

Applies to

Petition

A representative seeking an extension or less frequent accountings must file a verified petition stating the reasons for the request.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request.

CRITICAL

Applies to

Fee waiver application

A civil fee-waiver application must be written on the Supreme Court form, signed by the proper person, and e-filed unless excused.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

CRITICAL

Applies to

Written answer

A written answer must specifically deny allegations and include any affirmative defense the respondent raises.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

CRITICAL

Applies to

Guardian investment petition

An investment petition must identify and certify the investment category and disclose a purchase 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

Conventional filing

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

CRITICAL

Applies to

Attorney 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

Proposed property apportionment

If marital debt is disputed, the proposed-apportionment statement must list each creditor, the debt’s marital status, amount, and due date or dates.

If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Fee petition

A fee petition must include the estate’s gross value, work completed and anticipated with time spent, requested fee, and expenses for reimbursement.

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

Additional disclosures

Because of an action’s nature or complexity, the Court may on a party’s written motion or its own motion require parties to disclose and exchange information about contested paternity, insurance carriers, specified claims, and employment or self-employment, including information obtainable through reasonable inquiry and investigation.

The Court may, on written motion of a party or its own motion, determine that, because of the nature or complexity of an action, the parties shall, within 30 days and without further notice or request, disclose and exchange the following information, whether the information is within the possession, custody, or control of the party or can be ascertained or acquired by the party by reasonable inquiry and investigation: (1) Whether paternity of any child, living or unborn, is contested, and, if so, the identity of the child and the alleged putative father of the child; (2) The name and address of any health and medical insurance carrier covering any spouse and/or children; (3) A statement describing any worker’s compensation, personal injury, or property damage claims the disclosing party may have, whether or not filed; (4) The name and address of all employers and a description of any self- employment of the disclosing party;

CRITICAL

Applies to

Inventory

Each inventory and amended or supplemental inventory must be filed with the Clerk unless the Court excuses filing.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk.

CRITICAL

Applies to

Affidavit

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

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

CRITICAL

Applies to

Discovery receipt

Unless disclosure is disputed, all parties must file the discovery receipt at trial or other disposition.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

Financial disclosure

The financial disclosure must list specified retirement and similar interests and identify the owner or administrator and the relevant account or plan number.

(9) A list of any annuities, pensions, profit sharing plans, retirement plans, IRS accounts, 401(K) or Keogh plans, or other similar equities in which any party has or claims a legal or equitable interest, setting forth the names and addresses of the owner, plan administrator, trustee, or manager and any identifying number of the annuity, account, or plan;

CRITICAL

Applies to

Financial affidavit

In actions involving a dispute over property, maintenance, child support, or post-high-school educational expenses, each party must file a financial affidavit by the stated deadline or as otherwise ordered.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court.

CRITICAL

Applies to

Receipt

The representative must file the receipt and certificate with vouchers.

The representative shall file the receipt and certificate with vouchers.

CRITICAL

Applies to

Indirect criminal contempt petition

An indirect criminal-contempt petition must be verified and describe the alleged contemptuous conduct particularly.

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

CRITICAL

Applies to

Pretrial documents

Unless ordered otherwise, final-pretrial submissions must include the listed exhibits, questions, instructions, interrogatories, memoranda, case statements, motions in limine, and deposition materials.

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

Supplemental proceeding petition

A supplemental-proceeding petition must identify the proceeding type and use the related estate’s case number with an identifying suffix such as A, B, or C.

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

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must provide for distribution of the funds and filing vouchers within 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

Petition for approval

The petition for approval must be verified and include the specified parties, interest, consideration, fees, and expenses for an assignment, or the specified fees and expenses for a power of attorney.

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

Settlement memorandum

For a settlement conference, each attorney or SRL must prepare a memorandum stating the relevant facts, settlement position, and its bases and deliver it to the Court at least seven days beforehand.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Applies to

Sealing order

An order granting sealing or impoundment must identify the material covered, whether party names are removed from public access, and the duration.

If the Court grants the motion in whole or in part, the order shall designate whether the entire file, record, or document or only a portion of the entire file, record, or document shall be sealed or impounded. The order shall further designate whether it includes removing the parties’ names from public access and the duration the file is to be sealed or impounded.

CRITICAL

Applies to

Srl appearance

An SRL must sign and have notarized or otherwise acknowledged a conventionally filed appearance.

If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.

CRITICAL

Applies to

Proposed property apportionment

When property apportionment is disputed, submit a detailed proposed-apportionment statement at least five days before the hearing or as otherwise ordered.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

Applies to

Financial disclosure

Each disclosure must be in writing and accompanied by the party’s affidavit attesting to its completeness, correctness, and reasonable efforts to comply.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made.

CRITICAL

Applies to

Financial disclosure

The financial disclosure must list stocks, bonds, mutual funds, and other equities in which a party has a legal or equitable interest, including those held for a party’s benefit by another person or entity.

(10) A list of any stocks, bonds, mutual funds, or other equities in which 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;

CRITICAL

Applies to

Srl 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

Contempt hearing notice

The contempt-hearing notice must include the prescribed arrest-warrant warning in bold or underlined text.

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

Minor settlement petition

A minor-or-ward settlement petition must be verified and contain the specified occurrence, party, insurance, injury, fairness, fee, and cost information; medical support is needed only if requested.

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

Financial disclosure

The financial disclosure must include details of any claim that the other party dissipated assets.

(7) A statement setting forth the details of any claim by the disclosing party that the other party has dissipated assets;

CRITICAL

Applies to

Subpoena response

Anyone complying with a document subpoena by mail must provide a written certification that the mailed documents are complete, accurate, and constitute good-faith compliance; the certification may be in letter form.

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.

CRITICAL

Applies to

Notice of hearing

A motion-hearing notice must state the action title and number, the expected judge, and the motion’s presentation 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

Safety deposit box inventory

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

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

CRITICAL

Applies to

E filed document

E-filing a document requiring an original signature certifies that the Filer possesses the signed original.

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

Evidence of entitlement

The foreign representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the distributive share.

The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that the principal is the person entitled to receive the distributive share.

CRITICAL

Applies to

Notice of hearing

For a motion seeking a default finding under Rule 5.2(1), the notice or motion must warn the defendant that a default finding eliminates entitlement to notice of further 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

Policy change petition

A guardian must obtain Court approval by petition before materially changing a covered insurance or annuity 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

Probate petition

A petition to probate a will or codicil written in another language must include a typewritten English copy and a qualified translator’s certification that the translation is true and correct.

When seeking to probate a will and/or codicil that is written in a language other than English, the petitioner shall file a typewritten copy of the will and/or codicil in English with the petition and a certification by a qualified translator that the translation is true and correct.

CRITICAL

Applies to

Application for waiver of court fees

In a civil action, an application to waive court fees must be written on the Illinois Supreme Court’s adopted form and signed by the applicant or, for a minor or incompetent adult, by another person with knowledge of the facts.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts,

CRITICAL

Applies to

Inventory

The inventory must be verified in a decedent’s estate under supervised administration and in the estate of a minor or disabled person.

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

Stipulation of dismissal

A stipulation dismissing a pending action must be accompanied by the financial institution’s voucher.

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

CRITICAL

Applies to

E document

Each E-document must state the filer’s typed name and contact information, and attorneys must include their ARDC registration number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer. Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Power of attorney or assignment

A power of attorney or assignment must be signed by the distributee and authenticated and acknowledged before an American consul, unless the Court accepts other evidence of authenticity.

Each power of attorney or assignment shall be signed by the distributee and be properly authenticated and acknowledged before an American consul, unless the Court is satisfied with other evidence of the authenticity of the power of attorney or assignment.

CRITICAL

Applies to

Commission petition

A petitioner seeking a witness deposition in a will-probate matter must file a petition with specified witness and officer details and attach proposed 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

Appearance

If an SRL’s appearance is not e-filed, the SRL must sign it and have the signature acknowledged before a notary public or another person authorized to administer oaths under Illinois law.

If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.

CRITICAL

Applies to

Pleading

Must include

caption

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

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

CRITICAL

Applies to

Inventory

A description of a note owed to the decedent or ward must include each listed note detail and, if secured, a description of the security.

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

CRITICAL

Applies to

Statement of proposed property apportionment

When property apportionment is disputed, the parties must submit a proposed apportionment statement with the specified property, valuation, apportionment, and authority information; if marital indebtedness is disputed, it must also list each debt’s creditor, status, amount, and due date.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment. If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Rule to show cause hearing notice

A rule-to-show-cause hearing notice must include the prescribed arrest-warrant warning in bold or underlined text.

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

Inventory

A partnership-interest description must include the partnership’s name and address and, if known, the approximate value and the estate’s interest.

A description of a partnership interest shall include the partnership name and address and the approximate value and interest of the estate, if known.