Circuit Court of Clinton County, Illinois (4th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Notice of hearing

Must include

case number

A hearing notice must identify the motion judge, action title and number, and presentation date and time; a motion notice must state the motion’s nature.

The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

CRITICAL

Applies to

Discovery service certification

Counsel must file with the Clerk a certification briefly describing a discovery request and including proof of service on its recipient.

(a) Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Discovery compliance certification

In civil matters, counsel must file a compliance certification with the Clerk that identifies the documents provided in response to the discovery request.

(b) Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant to deciding a motion, copies of all relevant discovery materials must be attached as exhibits and filed with the Clerk.

(e) When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Subpoena

Only completed subpoenas may be submitted for issuance, and issued subpoenas must be served under the Supreme Court Rules.

Only completed subpoenas shall be submitted to the Circuit Clerk for issuance. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.

CRITICAL

Applies to

Subpoena response

A subpoena recipient with actual or constructive possession or control may comply without appearing in person by providing complete, legible copies and a certificate of complete and accurate compliance to the Circuit Clerk by the subpoena’s return date.

The person or entity to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Circuit Clerk together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.

CRITICAL

Applies to

Return envelope

A party seeking return of discoverable material by mail must provide an appropriately sized return envelope addressed to the Circuit Clerk with the case name, case number, hearing date, and “Subpoena Duces Tecum” in the lower-left corner.

A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.

CRITICAL

Applies to

Subpoena

A subpoena seeking specified materials must display the prescribed legend, and a copy of the subpoena and notice of service must be mailed first class to all appearing parties within 48 hours after issuance.

A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action: YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS, OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE DAYS BEFORE THE DUE DATE TO CIRCUIT CLERK, (Courthouse Address), ILLINOIS (Zip code).” COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE CIRCUIT CLERK, FOR DELIVERY TO THE PRESIDING JUDGE OR THE JUDGE SPECIFICALLY ASSIGNED TO THE CASE.

CRITICAL

Applies to

Subpoena

A certification page containing the prescribed language, date, signature, and printed-name lines must accompany every subpoena issued under this section.

(f) Certification: A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena. ___________________ __________________________ Date Signature __________________________ Printed Name

CRITICAL

Applies to

Financial affidavit

The parties must file a Financial Affidavit with the Clerk in proceedings involving the specified disputes, when applicable law requires it, or when the Court orders it.

(a) Filing of Financial Affidavit – The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings where there is a dispute involving attorney’s fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto; (2) As required by applicable law; and (3) As otherwise ordered by the Court.

CRITICAL

Applies to

Statement of proposed disposition

When issues are disputed, each party must file a written statement of proposed disposition addressing all agreed and contested issues.

if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested)

CRITICAL

Applies to

Statement of proposed disposition

If custody, visitation, or parental-responsibility allocation is disputed, the proposed disposition must include the party’s proposed parenting plan as required by statute.

If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party’s proposed parenting plan as may be required by 750 ILCS 5/602.10.

CRITICAL

Applies to

Statement of proposed apportionment

When property apportionment is disputed, the parties must submit a proposed apportionment statement itemizing claimed marital and non-marital property and estimating each item’s fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Statement of proposed apportionment

If apportionment of marital debt is disputed, the statement must propose its apportionment and list non-marital debts for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Prove up package

The prove-up package must include the listed proposed order, applicable completed forms and support order, relevant signed agreement, applicable obligor fee order, and applicable parenting-education certificate, subject to the stated court exceptions.

(1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment, Declaration or Order; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Complaint

If a small claims claim is based on a written instrument or assignment, a copy must be attached to the original and every copy of the complaint.

If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.

CRITICAL

Applies to

Pleading or affidavit

Verification of any small claims pleading or affidavit must comply with 735 ILCS 5/2-605 and Supreme Court Rule 137.

Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.

CRITICAL

Applies to

Affidavit

An affidavit used to prove or challenge damages in a small claims case must comply with the Illinois Rules of Evidence.

In all cases where a Party seeks to prove or challenge damages by affidavit, such affidavits shall be in compliance with the Illinois Rules of Evidence.

CRITICAL

Applies to

Cost affidavit

A prevailing plaintiff seeking costs other than filing or summons-service fees must file a specified affidavit before judgment stating each cost’s purpose, amount actually spent, and payment date.

A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.

CRITICAL

Applies to

Summons

The Clerk must attach a copy of the small claims rule and any other information the Court deems necessary to each summons.

The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.

CRITICAL

Applies to

Exhibit index

When exhibits are included, an index stating the page count of each exhibit must also be included.

(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit; and

CRITICAL

Applies to

Motion

A motion asserting that a case is ineligible for mediation must include an affidavit stating specific facts explaining why mediation would be inappropriate.

Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.

CRITICAL

Applies to

Petition to probate

A petition to probate a handwritten will must include a typewritten copy and an affidavit from the petitioner or attorney confirming the copy is true and correct to the best of their knowledge.

When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

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

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

CRITICAL

Applies to

Petition for admission of will to probate

A petition to admit a will to probate must attach a copy of the will the petitioner believes to be the testator’s valid last will, in addition to statutory requirements.

In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

When a petition to admit a will to probate or for letters of administration is filed, heirship must be proved by qualifying witness testimony reduced to writing, certified, and filed, or by an affidavit under Section 5-3 of the Probate Act.

When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state the decedent’s date and place of death and whether the decedent left a surviving spouse; it should also address prior marriages and the children born to or adopted by the decedent from each marriage.

An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must identify the decedent’s children and state that there are no other children.

The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state the decedent’s date of death, identify any descendants of deceased children, and state that there are no other descendants.

The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

If the decedent had no spouse or descendants, the affidavit must identify the specified relatives and state that there are no others in those categories.

If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The affidavit must state how the affiant is related to the decedent or, if unrelated, establish the basis of the affiant’s knowledge of heirship.

The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit of heirship

The affidavit must identify any unknown heirs or addresses and specify the diligent efforts made to ascertain them.

An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit of heirship

The affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.

The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

The affidavit must state whether the decedent was ever a party to a qualifying civil union or substantially similar legal relationship.

The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Affidavit of heirship

Must include

proposed order

When filing a qualifying affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk that reflects the affidavit’s concluding section.

At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Bond

An individual offered as security on a legal representative’s bond must state their residence address below their signature.

When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature

CRITICAL

Applies to

Surety affidavit

If the court requests it, the surety must provide a verified affidavit and agree in writing to notify the court before conveying or encumbering described real estate until discharged by court order.

when requested by the court, shall furnish a verified affidavit and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.

CRITICAL

Applies to

Representative bond

The representative’s bond must be written and signed by the representative, even when security is excused by the will or statute.

Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Guardian petition for expenditure

A guardian’s petition for expenditure from a ward’s estate must state the estate’s present value, the ward’s available annual income, the expenditure’s purpose, and all payments received by the ward or petitioner in the described capacities.

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

CRITICAL

Applies to

Petition to withdraw ward funds

A withdrawal petition must be presented in person by one of the specified persons unless the court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing's time, date, place, and nature and include the specified binding-effect statement or substantially similar language.

The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”

CRITICAL

Applies to

Petition

A verified petition to settle a claim in which a minor or ward receives settlement proceeds must be executed by the specified legal representative and include the listed factual, medical, insurance, and settlement information.

(a) Contents of Petition. To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (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 liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis. (5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.

CRITICAL

Applies to

Settlement approval order

An order approving settlement must provide for distribution of the funds and filing, within the court-prescribed time, of recipient-signed vouchers accounting for the total settlement sum.

(d) Order Approving Settlement: The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Financial institution voucher

The court must continue the case to a specific date for filing a financial-institution voucher that acknowledges receipt of the funds and settlement order and includes the required no-withdrawal language.

The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: “No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}.”

CRITICAL

Applies to

Court order

Settlement funds received on a minor’s behalf must be deposited or invested for the minor’s benefit as directed by court order and may not be withdrawn or used without court-order approval.

Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act. These funds shall not be withdrawn or used without approval by court order.

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 minor’s estate, prohibit disposition without court leave, and require the guardian to file proof of periodic or partial payments.

Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to

Petition

Must include

proposed order

A citation petition presented for filing must include the requested proposed citation with a return date coordinated with the Clerk and a proposed order; the Clerk must reject a petition missing either document.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.

WARNING

Applies to

Submission email

A submission email’s subject line must include the case number and at least one party’s last name.

The subject line for a submission email shall include the case number and the last name of at least one party;

WARNING

Applies to

Mediator report

The mediator’s report must be signed by the mediator and designate the outcome as “full agreement,” “partial agreement” or “no agreement.”

The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.

WARNING

Applies to

Proof of heirship

Proof of heirship may be made by a person with sufficient knowledge of the facts needed to determine heirship.

The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.

WARNING

Applies to

Petition to withdraw ward funds

The court may require the petitioner to provide evidence that the withdrawal or sale or redemption proceeds are necessary for the specified benefit of the ward or the ward’s dependents.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.