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

CRITICAL

Applies to

Written appearance

An attorney’s written appearance must provide the attorney’s contact information and, if filed by a law firm, identify the attorney or attorneys responsible for the case.

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

Appearance

An SRL’s appearance must include the SRL’s legible name, address, telephone number, and 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

Written acknowledgment of receipt

The foreign representative, attorney-in-fact, or assignee must acknowledge in writing receipt of the distributive share received from the representative.

The foreign representative, attorney-in-fact, or assignee shall acknowledge receipt in writing of the distributive share received from the representative

CRITICAL

Applies to

Mediation case summary

Each party must present the mediator with a written case summary at least 10 days before the conference, or as otherwise required by the mediator, containing the specified case information and participant names; a party seeking confidentiality should advise the mediator in writing when filing the summary.

At least 10 days before the conference or as otherwise required by the mediator, each party shall present to the mediator a brief written summary of the case containing a list of issues as to each party. If the party or attorney filing the summary wishes its contents to remain confidential, he or she should advise the mediator in writing when the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary.

CRITICAL

Applies to

E document

Each e-document must identify the filer and provide contact information; attorneys must also include their ARDC 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

Motion

A motion to defer mediation must set out in detail the facts and circumstances supporting it.

The motion shall set forth, in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must appoint a guardian for the minor’s or ward’s estate and require the guardian to file a bond pending proper deposit of the funds.

An order entered approving a settlement shall provide for the appointment of a guardian for the minor’s or ward’s estate and shall require the guardian to file a bond pending proper deposit of the funds in the approved financial institution.

CRITICAL

Applies to

Discovery receipt

Unless a dispute arises about the extent of disclosure, all parties must file the discovery receipt or acknowledgment at trial or another disposition of the case.

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

Jury instruction

When news media is present at any portion of a criminal or civil trial, the judge must give the specified instruction to the jury.

(b) Jury Instruction. The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.

CRITICAL

Applies to

Appearance

If an SRL’s appearance waives notice or consents to an immediate hearing, it must state that the SRL received the pleading seeking relief and include a copy of that pleading.

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

Disclosure

Each required disclosure must be written and accompanied by the party’s affidavit of completeness, accuracy, and reasonable compliance efforts.

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

Parenting education completion proof

In cases involving a minor child, each parent must complete an approved parenting education program and provide proof before prove-up or a final order, subject to a good-cause waiver or an exception for a prior attendee who provides a certificate.

Rule 8.2 Parenting Education. 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. The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

CRITICAL

Applies to

Financial disclosure

The financial disclosure must include copies of appraisals conducted within three years concerning property in which either party claims a legal or equitable interest.

(6) Copies of all appraisals conducted within three years of any personal property or real estate in which either party claims a legal or equitable interest;

CRITICAL

Applies to

Request for relief

A request for relief concerning specified discovery materials must include and file the relevant portions as an exhibit.

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

Order of referral

A written stipulation to mediate must be incorporated into the order of referral.

This stipulation shall be incorporated into the order of referral.

CRITICAL

Applies to

Mediation outcome report

The mediator must report the outcome of mediation to the Court.

The mediator shall report the outcome to the Court.

CRITICAL

Applies to

Mediator report

The mediator must file a report with the Clerk stating whether an agreement was reached, in whole or in part.

Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

Applies to

Pleading notice or other paper

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

Guardian retention petition

A guardian must petition the Court for approval before retaining an investment or increase not authorized by section 21-2 of 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

Inventory

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

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

CRITICAL

Applies to

Written contempt charge and proceeding record

When referral is required, the judge must specify the alleged contempt in writing, direct preparation of a record, and transfer the matter for reassignment.

In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, direct that a record of the proceedings surrounding the acts be prepared, and transfer the matter to the appropriate assignment judge for reassignment.

CRITICAL

Applies to

Written notice of motion

After a motion is heard without prior notice, the attorney or SRL obtaining the order must serve written notice containing the action title and number, judge’s name, hearing date, and ruling on the specified parties.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing.

CRITICAL

Applies to

Verified petition

An executor or administrator seeking approval of a settlement that will provide proceeds to the estate must file a verified petition containing the specified occurrence, party, insurance, injury, settlement-fairness, and fee 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

Settlement memorandum

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

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.

WARNING

Applies to

Objection to extended media coverage

The objection form requires an allegation of material interference with the parties’ fair-trial rights and supporting facts and circumstances.

2. There is good cause to believe that the presence of extended media coverage, under the circumstances of the proceeding, would materially interfere with the right of the parties to a fair trial. The specific facts and circumstances in support of the allegation are described as follows:

WARNING

Applies to

Petition for payment of minor beneficiary share

When the stated conditions apply, the Court may direct the minor’s entirely monetary share to be deposited and paid under section 22-21 upon an under-oath showing that doing so is in the minor’s best interest.

If a minor is entitled to a distributive share of a decedent’s estate and the share consists entirely of money and no guardian has been appointed for his or her estate, the Court on a showing under oath that it is in the minor’s best interest may direct that the distributive share be deposited and paid in accordance with section 22-21 of the Act.

WARNING

Applies to

Certificate

A supervised non-attorney may personally sign or use a facsimile or typographical signature on an E-document certificate, proof, or affidavit of service, and that signature is deemed theirs.

Certificates, proofs, or affidavits of service in E-documents signed by a non-attorney under the supervision of an attorney may be signed by the non-attorney or bear a facsimile or typographical signature of the non- attorney serving the E-document. If an E-document bears a facsimile or typographical signature of a non-attorney serving the E-document, the certificate, proof, or affidavit of service shall be deemed to have been signed by the non-attorney identified.

WARNING

Applies to

Written order

The Court may require a written order after a ruling; an attorney or SRL directed to submit one must do so within 30 days or another time set by the Court.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court.

WARNING

Applies to

Written appearance

An attorney must seasonably update the information in the appearance.

The attorney must seasonably update information contained in the appearance.

WARNING

Applies to

Attorney appearance

An attorney must seasonably update information in the appearance.

The attorney must seasonably update information contained in the appearance.

WARNING

Applies to

Verified petition

A current medical certificate or attending physician’s letter is not required to support the petition unless the Court requests it.

The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support;

WARNING

Applies to

Financial affidavit

No additional financial affidavit is required before the permanent-relief hearing if one was filed before the temporary-relief hearing and there has been no substantial change by the final hearing.

If a financial affidavit has been filed before a hearing on temporary relief, an additional financial affidavit need not be filed before the hearing for permanent relief if there has been no substantial change at the time of the final hearing.

WARNING

Applies to

E document

An E-document filed using a user identification and password without a facsimile or typographical signature is deemed personally signed by the credential holder.

In the absence of a facsimile or typographical signature, any E-document filed with user identification and password shall be deemed to have been personally signed by the holder of the user identification and password.

WARNING

Applies to

Safety deposit box inventory

The Court may require the representative or guardian to open the safety deposit box with the surety or depository representative present and prepare an itemized inventory.

safety deposit box containing assets of the estate or ward and/or require the representative or guardian to initially open the safety deposit box in the presence of the surety or a representative of the depository and prepare an itemized inventory of the box’s contents.

WARNING

Applies to

Parenting education proof

The Court may waive parenting education for good cause, and prior attendees need not repeat it if they provide their attendance certificate.

The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

WARNING

Applies to

Petition to withdraw funds

The Court may require the petitioner to provide evidence that the requested withdrawal is necessary for the ward’s or the ward’s dependents’ benefit.

The Court may require the petitioner to furnish evidence that the sums to be withdrawn are necessary for the ward’s comfort, education, or other benefit to the ward or his or her dependents.

WARNING

Applies to

E document

An attorney may sign an E-document personally or use an authorized facsimile or typographical signature, which is deemed the attorney’s signature.

E-documents requiring the signature of an attorney may be signed by the attorney or bear a facsimile or typographical signature of the attorney authorizing the filing. If an E-document bears a facsimile or typographical signature, the E-document shall be deemed to have been signed by the attorney identified.

WARNING

Applies to

Appearance

An appearance may be accepted instead of required notice if it states on its face that the signer has read the petition, account, or report and approves the requested fees.

Entries of appearances will be accepted in lieu of any required notice if the appearance indicates on its face that the person executing the appearance has read the petition, account, or report and approves the fees requested.

WARNING

Applies to

Motion hearing notice

Filing notice for a hearing within the stated shorter periods certifies compliance with the scheduling rule.

The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she has complied with this Rule.

WARNING

Applies to

Exhibits

At the final pretrial conference or another time designated by the Court, the Court may direct parties to produce their expected trial exhibits, which must be marked for identification as the Court directs.

At the final pretrial conference or at any other time as may be designated by the Court, the Court may direct the parties to produce all exhibits they expect to offer in evidence. Each of the exhibits shall be marked for identification by the court reporter, clerk, or attorneys, as the Court directs.

WARNING

Applies to

Discovery receipt

The disclosing attorney or self-represented litigant should prepare a receipt or acknowledgment for the recipient to sign, identifying the materials provided or exhibited.

the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

WARNING

Applies to

Agreed order

An agreed order should be identified as an agreed order.

An agreed order should be so designated.

INFO

Applies to

Financial affidavit

A previously filed temporary-relief affidavit need not be refiled for permanent relief if circumstances have not substantially changed by the final hearing.

If a financial affidavit has been filed before a hearing on temporary relief, an additional financial affidavit need not be filed before the hearing for permanent relief if there has been no substantial change at the time of the final hearing.

INFO

Applies to

Cross interrogatories

An interested person may propose written cross-interrogatories before the hearing.

Before the hearing, any interested person may propose written cross-interrogatories.

INFO

Applies to

Exhibit copies

Counsel and SRLs should make their own exhibit copies unless use of the exhibit was not reasonably anticipated.

Unless use of an exhibit was not reasonably anticipated, counsel and SRLs should make their own copies of exhibits.

INFO

Applies to

Exhibit list

When practicable, a list of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

When practicable, a list of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

INFO

Applies to

Exhibit copies

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than when the exhibit is offered in evidence.

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than when the exhibit is offered in evidence.

INFO

Applies to

Order

A judge may sign an order submitted by E-filing by placing a facsimile signature on it.

Orders submitted by E-filing may be signed by the judge through a facsimile signature placed on the order by the judge.

INFO

Applies to

Default damages proof

Proof of damages on default may be provided by a verified complaint, affidavit, sworn testimony, or other proof the Court considers sufficient.

When a defendant is in default or found in default under Rule 5.2(a)(1), proof of damages may be made by a verified complaint, affidavit, sworn witness testimony, or other proof the Court deems sufficient.