Judge Joel J.C. Powless
Judge • Circuit Court of Clay County, Illinois (4th Judicial Circuit)
Court-wide rules
Applies court-wideCircuit Court of Clay County, Illinois (4th Judicial Circuit) publishes its filing requirements at the court level rather than per judge, so these 102 rules are what govern this courtroom.
Filing Requirements
All 65- Applies to
- Affidavit
The affidavit must identify any unknown heirs or addresses and state the diligent efforts made to ascertain them.
- Applies to
- Affidavit
The affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.
- Applies to
- Affidavit
The affidavit must state whether the decedent was ever party to a civil union or a substantially similar relationship recognized by another state.
Service
All 22If an estate has had no activity for at least one year, the Court may set a status call and direct the Clerk to notify the attorney of record, the personal representative, or both at their last known address.
- Service
The Clerk must mail notice that the account is due and notice of the hearing date and time to the estate’s attorneys of record or, if there are none, to the representative.
- Service
When issuing a required Rule to Show Cause, the Clerk must mail notice of the contempt proceeding and its return date to all interested persons, including unpaid creditors.
Filing Timing
All 6Unless the Court excuses the requirement, the petitioner must file receipts for all sums expended within 30 days after entry of the withdrawal order.
When required, a Financial Affidavit must be filed by the proposed-parenting-plan deadline or at least five days before the contested-issues hearing, whichever is sooner, unless the court orders otherwise.
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
Adjournments
All 3A written extension request must specify its reasons and seek a definite date; for good cause, the Court may consider it without notice or hearing, but may direct notice of a new hearing date to interested parties.
The mediator may adjourn the conference at any time and set a time to reconvene; parties present at the adjourned conference need not receive further notification.
Mediation must be completed within seven weeks of the first conference, unless the court orders an extension or the parties stipulate to one.
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