Circuit Court of Crawford County, Illinois (2nd Judicial Circuit) Document Filing Requirements

Applies to

Appearance

A written appearance must include the party’s or counsel’s name, address, and telephone number.

Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel.

Applies to

Pro se appearance

A pro se appearance filed without further pleading must be acknowledged under oath, and any appearance waiving notice or consenting to an immediate hearing must confirm receipt of and attach the relevant pleading, subject to the statutory-form exception.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

Applies to

Pleading or appearance

Must include

caption, case number

Civil pleadings and appearances must identify the circuit, county, parties and their designations, and case number to be accepted for filing.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

Applies to

Notice of hearing

A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state they were previously served.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

Applies to

Notice of hearing

Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.

It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.

Applies to

Discovery motion

A motion seeking relief concerning discovery materials must be filed with copies of the disputed portions at the same time.

If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.

Applies to

Exhibit list

Before trial or hearing, each party must identify and mark exhibits and prepare a list with each exhibit’s mark and description; two copies of the list must be presented at trial, hearing, or the final pretrial conference, subject to the court’s authority to order otherwise on exhibit markings.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter. The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.

Applies to

Order or judgment

After a ruling on a motion outside trial or a final determination, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any pro se parties, unless the court directs otherwise.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.

Applies to

Summons notice or court order

When remote appearance is an option, Clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, Zoom and dial-in access information, instructions, and courthouse and Clerk contact details.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

Applies to

Summons notice or court order

Clerk-issued summonses, notices, and court-date orders must include the specified language directing participants to Rule 24 and the Circuit’s website.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

Applies to

Summons notice or court order

Private-counsel-issued and filed summonses, notices, and court-date orders must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.

Applies to

Written appearance

Every party or counsel must file a written appearance containing the party’s or counsel’s name, address, and telephone number.

Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel.

Applies to

Written appearance

A party or attorney may not address the court before filing a written appearance.

No party or attorney shall address the court before filing such written appearance.

Applies to

Written appearance

A written appearance filed without further pleading must meet Rule 5(a) and include an authorized officer’s acknowledgment that the signer personally appeared and acted freely and voluntarily.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.

Applies to

Written appearance

If an appearance or acknowledgment waives notice or consents to immediate hearing, it must state that the party received the pleading seeking relief and include that pleading, unless a statute or rule provides a particular form that suffices.

If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

Applies to

Appearance

An attorney not regularly licensed in Illinois must secure an order admitting the attorney pro hac vice before filing an appearance for another party.

Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice.

Applies to

Motion

A pro hac vice admission order may be granted only on a motion made by a court attorney or an unrepresented party, including a corporation, and accompanied by the applicant attorney’s affidavit.

The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission.

Applies to

Motion

The pro hac vice motion and affidavit must substantially follow the forms prescribed by the Chief Judge’s Administrative Order, and the applicant must disclose the number of prior appearances in cases in Illinois.

Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.

Applies to

Pleading or entry of appearance

Must include

caption, case number

In civil cases, pleadings and entries of appearance must clearly identify the circuit and county, the parties and their designations, and the case number to be accepted for filing.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

Applies to

Notice of hearing

A hearing notice must identify the action and hearing date and time, state the motion’s nature, and include the motion and accompanying papers or state that they were previously served.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

Applies to

Notice of hearing

Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient time, and filing the notice certifies compliance.

It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.

Applies to

Bond surety

Unless excused by the court, sureties must execute and file verified schedules of property in substantially the form required by the Chief Judge’s Administrative Order.

Unless excused by the court, sureties shall execute and file verified schedules of property in substantially the form which is required by Administrative Order of the Chief Judge.

Applies to

Exhibit

Before trial or hearing, or at the final pretrial conference if held, each party must identify and mark exhibits; plaintiffs use numbers and defendants use letters unless the court orders otherwise.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.

Applies to

Exhibit list

Each party must prepare an exhibit list in the required form with each exhibit’s mark and description, and present two copies at trial, hearing, or final pretrial conference; exhibits may be added later and listed exhibits need not be offered.

Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter. The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.

Applies to

Order or judgment

Must include

proposed order

After a ruling on a motion outside trial or a final determination, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any pro se parties unless the court directs otherwise.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.

Applies to

Objection to order to show cause

Objections to an order to show cause must be written, filed, and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

Applies to

Moving party affidavit

In matrimonial proceedings, the moving party must prepare and file an affidavit substantially in the form required by the Chief Judge's Administrative Order before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.

Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.

Applies to

Responding party affidavit

A party responding to a covered petition must file an affidavit substantially in the same form at the pretrial conference or at least three days before a contested hearing.

Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

Applies to

Case management conference order

The court must enter a case management conference order at each listed conference, substantially in the required form.

At any expedited, initial, continued or post-mediation conference, the court shall enter a case management conference order in substantially the form required by Administrative Order of the Chief Judge.

Applies to

Mediation prerequisites

Before the initial case management conference in a case with contested qualifying issues, the parties must satisfy the specified mediation prerequisites.

Prior to the initial case management conference in any case having contested qualifying issues, the parties shall comply with the mediation prerequisites of Circuit Rule 21 concerning the filing of financial affidavits, pre-mediation questionnaires and completion or scheduling of an approved parenting education program.

Applies to

Settlement conference submission

Each party must file a financial affidavit and settlement conference memorandum in the required form and provide the opposing party a copy at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

Applies to

Affidavit of heirship

An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (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; (3) 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. (4) 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. (5) 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. (6) 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. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) 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."

An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (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; (3) 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. (4) 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. (5) 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. (6) 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. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) 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."

Applies to

Affidavit of heirship

Must include

proposed order

When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order 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.

Applies to

Amended order declaring heirship

If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered.

If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.

Applies to

Mediation confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.

Applies to

Mediation progress report

Unless mediation ends sooner, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

Applies to

Intent to repudiate

An intent to repudiate must state the reasons for the requested repudiation.

Any Intent to repudiate shall set forth the reasons for the requested repudiation

Applies to

Mediation termination report

After mediation, the mediator must file the required report stating the termination date and reason and any issues agreed upon, but not reasons the parties could not reach agreement.

After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.

Applies to

Provisional order

A provisional order containing agreed terms on issues not required to be mediated must state whether and to what extent the required issues are severable for trial court approval.

Any provisional order containing agreed terms on issues not required by this rule to be mediated shall also state whether, and to what extent, agreement upon such required issues is severable for purposes of trial court approval.

Applies to

Mediator report

The mediator’s written report must state whether an agreement was reached, designate full, partial, or no agreement, and be signed by the mediator.

The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.

Applies to

Mediation agreement

An agreement reached in mediation must be written and signed before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.

Applies to

Mediator report

If the parties reach a full agreement, the mediator’s report must state that and identify who will complete and submit the documents needed to conclude the agreement.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

Applies to

Mediator report

If the parties reach a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the documents needed to conclude the resolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

Applies to

Mediator report

If no agreement is reached, the mediator must report that outcome without comment or recommendations.

If no agreement is reached, the mediator shall so report without comment or recommendations.

Applies to

Summons notice or court order setting court date

When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the listed courtroom, remote participation, and courthouse information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

Applies to

Summons notice or court order setting court date

Clerk-issued summonses, notices, and court-date orders must include the specified language directing participants to Rule 24 and the court’s website.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

Applies to

Summons notice or court order setting court date

Private-counsel summonses, notices, and court-date orders filed in the Second Judicial Circuit must include the specified language about contacting the Clerk’s Office or consulting Rule 24 and the court’s website.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”