23rd Judicial Circuit Court, DeKalb County, Illinois Document Filing Requirements

CRITICAL

Applies to

Certificate of delivery

The Clerk must enter a certificate of delivery of the dismissal notice into the record.

and shall enter into the record a certificate of delivery of the same.

CRITICAL

Applies to

Settlement documents

Settlement documents must include the Judgment, Marital Settlement Agreement, applicable Allocation Judgment and Parenting Plan, a copy of the Certificate of Dissolution, and signed affidavits from each party.

Settlement documents shall include: 1. the Judgment 2. Marital Settlement Agreement, which should include whether child support and/or maintenance amounts are calculated pursuant to statute, and the numbers used in such calculation, and/or specify any basis for deviation, waiver, or reservation of the same. Disproportionate distribution of marital property (assets and liabilities), if any, should also be explained. 3. Allocation Judgment and Parenting Plan (if applicable) 4. copy of the Certificate of Dissolution (half/sheet) and 5. signed affidavits from each party clearly stating that that each party:

CRITICALCriminal cases

Applies to

Drug court phase transition petition

The petition must include a sheet describing the most important thing learned during Phase 4.

8. Attach a sheet that tells about the most important thing you have learned during Phase 4.

CRITICALCivil cases

Applies to

Settlement documents

Settlement documents must include a Judgment, Marital Settlement Agreement, applicable Allocation Judgment and Parenting Plan, a copy of the Certificate of Dissolution, and signed affidavits from each party.

Settlement documents shall include: 1. the Judgment 2. Marital Settlement Agreement, which should include whether child support and/or maintenance amounts are calculated pursuant to statute, and the numbers used in such calculation, and/or specify any basis for deviation, waiver, or reservation of the same. Disproportionate distribution of marital property (assets and liabilities), if any, should also be explained. 3. Allocation Judgment and Parenting Plan (if applicable) 4. copy of the Certificate of Dissolution (half/sheet) and 5. signed affidavits from each party clearly stating that that each party:

CRITICAL

Applies to

Party objection to media coverage

A party’s written objection must state the reasons for objecting to extended media coverage.

At least three (3) days before the commencement of the proceeding, a party objecting to extended media coverage shall file a written objection stating the reasons for objecting to extended media coverage.

CRITICAL

Applies to

Grievance

A grievance must state the complainant's name and contact information and briefly describe the alleged violation.

The grievance shall contain the name and contact information of the person filing the complaint, and briefly describe the alleged violation.

CRITICAL

Applies to

Application for waiver of court fees

A civil fee-waiver application must be written, use the Illinois Supreme Court form, be signed by the applicant or a knowledgeable person for a minor or incompetent adult, and be e-filed unless excused by the Court.

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.

CRITICALCivil cases

Applies to

Petition findings order of protection

Petitions, findings, and orders of protection must use approved forms.

All Petitions, Findings and Orders of Protection shall be made on approved forms.

CRITICAL

Applies to

Trial setting order

An order setting a matter for trial must include a schedule for further discovery and compliance with Supreme Court Rules.

Any Order setting the matter for trial shall include a schedule for any further discovery as well as for compliance with Supreme Court Rules.

CRITICALCivil cases

Applies to

Pleading

When multiple parties do not share the same claims or defenses against all opposing parties, each count or defense title must identify the subgroup of parties to which it applies.

If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall also concisely designate the subgroup of parties to which it pertains.

CRITICAL

Applies to

604.10 b witness appointment order

The standard 604.10(b) Witness Appointment Order must identify the issues for expert opinion, address Section 602 factors, and direct the evaluator’s specific acts.

The 23rd Judicial Circuit shall develop and maintain a standard 604.10(b) Witness Appointment Order. Said order shall specify the issues or questions upon which the expert opinion is sought; and shall address the statutory factors set forth in Section 602; and contain a section directing the evaluator to perform specific acts, including (or excluding) but not limited to: tests, collateral interviews, certain investigative actions, and the like.

CRITICAL

Applies to

Electronically filed document

Electronically filed documents with required third-party or non-registered signatories must bear facsimile or typographical signatures, and the filing party or attorney must confirm the required signatories' approval.

Documents containing signatures of one or more persons or third parties may be filed electronically and shall bear a facsimile or typographical signature. The filing party or attorney must confirm approval of all persons not a party to the case or non-registered persons (including paralegals or other persons authorized to act on behalf of a registered user) required to sign the document.

CRITICALCriminal cases

Applies to

Drug court petition

The petition must include the Relapse Prevention Plan and Financial Obligations Sheet as attachments.

ATTACH: Relapse Prevention Plan and Financial Obligations Sheet

CRITICAL

Applies to

Appointment order

The appointment order must direct the parties to pay a retainer.

In the appointment order, the judge shall order the parties to pay retainer

CRITICAL

Applies to

Comprehensive financial statement

Income, asset, and debt statements must be supported by available or reasonably obtainable written documents attached to and made part of the Comprehensive Financial Statement.

D. All statements of income, assets and debts set forth in the Comprehensive Financial Statement shall be corroborated by written documents to be attached to and made part of the Comprehensive Financial Statement, whenever a party has such documentation, or whenever a party can obtain such documentation upon reasonable effort from other sources.

CRITICAL

Applies to

Administrative general order

Copies of the Chief Judge’s Administrative/General Orders must be filed with the Circuit Clerk in the county where the Chief Judge is sitting, and that clerk must send a copy to the other county’s Circuit Clerk.

Copies of all Administrative/General Orders issued by the Chief Judge shall be filed with the Circuit Clerk of the county in which the Chief Judge is sitting, who shall maintain them as permanent Court records. Upon filing an Administrative/General Order, the Circuit Clerk of that county shall provide a copy of said Order to the Circuit Clerk of the other county.

CRITICAL

Applies to

Initiating paper

For the listed case types, a party commencing an action must complete the New Case Information Sheet and present it when filing the initiating paper.

Each party commencing an action or proceeding in case types L, LM, SC, TX, AD, JA, JD, OP, ED, MR, CH, F, D, P, J, MH, or MC shall complete the New Case Information Sheet provided by the office of the Clerk of Court, and present said sheet at the time of filing the complaint, petition, or other paper initiating said action or proceeding.

CRITICALCivil cases

Applies to

Voucher

Minor settlement proceeds must be placed in a Court-approved restricted account, and the personal representative’s voucher must contain the specified restriction language or similar words.

Any proceeds due a minor from a settlement approved hereunder shall be deposited in a restricted account in an institution approved by the Court and the voucher secured by the personal representative must contain the express language: “No withdrawals, expenditures or transfers shall be made of these monies at any time prior to (assert the date that the minor attains majority) nor may any portion of the proceeds be collateralized, unless same has been authorized by order of Court”, or similar words.

CRITICAL

Applies to

Paper document

Filed paper documents, except those in branch courts, must bear a “Filed” stamp or electronic imprint with the filing date and Clerk of Court’s name.

Any paper document filed in any cause or proceeding, except in branch courts, shall be impressed or electronically imprinted, with a stamp, bearing the word "Filed" followed by a notation of the month, day and year of the filing and the name of the Clerk of Court.

CRITICAL

Applies to

Foreign subpoena issuance request

Must include

proposed order

After submitting the attestation form to the Clerk, the requester must file a proposed order for issuance.

Upon submission of the attestation form to the Clerk, a proposed order for issuance shall be filed.

CRITICAL

Applies to

Non form order

Non-form orders must be titled to identify the relief sought.

Non-form orders must be similarly titled.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must briefly describe the figures used to calculate any support obligation and whether it meets statutory guidelines.

(a) shall briefly describe the figures used to calculate any support obligation, and whether such support obligation meets the statutory guidelines;

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that the party wishes the Court to approve the agreement(s), incorporate them into the Judgment, and enter the Final Judgment of Dissolution.

(7) wishes that the Court approve their agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution.

CRITICAL

Applies to

Default prove up hearing

Default prove-up hearings requiring the petitioner's testimony in open court are scheduled through the Court Administrator after a Certificate of Readiness is issued, at the assigned judge's discretion.

3. Default Prove Up Hearings - Prove up hearings for cases involving a default judgment, for which the petitioner's testimony in open court is required, shall be scheduled after the issuance of a Certificate of Readiness through the Court Administrator at the assigned judge's discretion.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that the party reviewed the documents in their entirety, understands their terms, and intends to be bound by them.

(c) has reviewed the documents in their entirety, understands their terms, and intends to be bound by them;

CRITICAL

Applies to

Application for waiver of court fees

The Clerk of Court must provide fee-waiver application forms to persons exempt from e-filing.

Forms of Application for Waiver of Court Fees by persons who are exempt from e-filing under Supreme Court Rule 9(c) may be filed by U.S. Mail, third-party commercial carrier, in person, as provided in Supreme Court Rule 298; shall be provided by the Clerk of Court.

CRITICAL

Applies to

Pleading

If incorporating facts by reference under Supreme Court Rule 134 would make a pleading not readily comprehensible, the facts must be re-alleged verbatim.

If incorporation of facts by reference to another pleading or to another part of the same pleading permitted by Supreme Court Rule 134 will render a pleading not readily comprehensible, the facts shall be re-alleged verbatim

CRITICAL

Applies to

Form design revision

New form designs and form revisions or modifications must be forwarded to the Clerk before the Presiding Judge approves them.

All new designs, revisions, and modifications to forms shall be forwarded to the Clerk of the Circuit Court prior to approval by the Presiding Judge.

CRITICALCriminal cases

Applies to

Drug court petition

The petition must include the Relapse Prevention Plan as an attachment.

ATTACH: Relapse Prevention Plan

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that the party entered into the agreements freely and voluntarily.

(4) has entered into the agreements freely and voluntarily;

CRITICALCivil cases

Applies to

Affidavit

If either side is self-represented, the affidavit must state that party's acknowledgment that they are not represented by a lawyer.

(8) If either side is a self-represented litigant, the affidavit shall also state such party’s acknowledgment that they are not represented by a lawyer.

CRITICAL

Applies to

Settlement proceeds voucher

The voucher for a minor's settlement proceeds must contain the specified restriction language or similar words.

Any proceeds due a minor from a settlement approved hereunder shall be deposited in a restricted account in an institution approved by the Court and the voucher secured by the personal representative must contain the express language: "No withdrawals, expenditures or transfers shall be made of these monies at any time prior to (assert the date that the minor attains majority) unless same has been authorized by order of Court" or similar words.

CRITICAL

Applies to

Affidavit

Applicants seeking to serve as court-appointed mediators must submit an affidavit supported by documentation of their qualifications to the Presiding Judge or designated recipient.

All persons meeting the requirements above who are interested in acting as a Court appointed mediator shall provide proof by way of affidavit which is supported by documentation of the aforesaid requirements to the Presiding Judge of each county, or the person designated to receive such material in each county.

CRITICAL

Applies to

Written appearance

An attorney’s written appearance must include the attorney’s legible name, address, telephone number, and email address.

Every written appearance must contain the attorney’s legible name, address, telephone number and e-mail address.

CRITICAL

Applies to

Written appearance

An attorney’s written appearance must include the attorney’s legible name, address, telephone number, and email address.

Every written appearance must contain the attorney's legible name, address, telephone number and e-mail address.

CRITICAL

Applies to

Emergency motion

The proponent of an emergency matter must establish the specified circumstances, including inability to obtain a timely regular-call assignment and immediate irreparable injury without an adequate legal remedy.

The proponent of an alleged "emergency" matter shall have the initial burden of proving the emergency which burden shall include, at a minimum, the following: 1. Inability to obtain an assignment on the regularly scheduled call within a reasonable time given the circumstances for which or from which relief is sought; 2. Notice to the opposing party pursuant to statute; and 3. That immediate and irreparable injury, loss or damage will result if the relief is not granted and that there exists no adequate remedy at law.

CRITICALCriminal cases

Applies to

Petition

The Phase III-to-Phase IV petition must include an attached sheet describing the most important thing learned during Phase 3.

8. Attach a sheet that tells about the most important thing you have learned during Phase 3.

CRITICAL

Applies to

Affidavit

The affidavit must represent that the information has not substantially changed since the last affidavit.

that the party offering it represents there has been no substantial change in any of the information since the last affidavit.

CRITICAL

Applies to

Statement of the nature of the case

In a civil jury case, the plaintiff's attorney must prepare and submit a Statement of the Nature of the Case to the Court and each opposing party for voir dire.

In all civil jury cases, the plaintiff's attorney will prepare and submit to the Court and to each opposing party a Statement of the Nature of the Case for use at voir dire.

CRITICALCriminal cases

Applies to

Drug court phase transition petition

The petition includes signature lines for the defendant and Drug Court Officers and a date-signed field.

Signed by defendant __________________________ Drug Court Officers __________________________ Date signed _________________________________

CRITICAL

Applies to

Court forms

The Clerk of the Circuit Court shall provide pre-printed or electronic forms as may be approved by the Illinois Supreme Court Commission on Access to Justice or by the Presiding Judge.

The Clerk of the Circuit Court shall provide pre-printed or electronic forms as may be approved by the Illinois Supreme Court Commission on Access to Justice or by the Presiding Judge.

CRITICAL

Applies to

Formal mediated agreement

The written summary forms the basis of the formal mediated agreement presented to the judge for approval.

This summary will form the basis of the formal mediated agreement presented to the judge for approval.

CRITICAL

Applies to

Filing

Exhibits, prior orders, and prior pleadings may not be attached to filings with the Circuit Clerk unless required by law or rule or permitted by the Court.

Exhibits, prior orders, or prior pleadings SHALL NOT be attached and filed with the Circuit Clerk unless otherwise required by law, rule, or by leave of Court.

CRITICAL

Applies to

Affidavit as to income and expenses

The income-and-expenses affidavit must be attached to and filed with the initial and responsive pleadings.

Said affidavit shall be attached to and filed with the initial and responsive pleadings.

CRITICAL

Applies to

Accommodation request form

The CDC must provide the Exhibit C request form in a fillable, accessible PDF on the court's and clerk's websites and in both offices.

The CDC shall provide a request form to people who wish to request services or accommodations for persons with disabilities. The request form, attached as Exhibit C, shall be available in an accessible format (in a fillable, accessible PDF) on the court's and clerk's websites and in the court's and the clerk's offices.

CRITICAL

Applies to

Document

The document must identify each nonregistered signatory.

The document must indicate the identity of each non-registered signatory.

CRITICAL

Applies to

Comprehensive financial statement

Income, assets, and debts stated in a Comprehensive Financial Statement must be supported by attached written documents when the party has or can reasonably obtain them.

All statements of income, assets and debts set forth in the Comprehensive Financial Statement shall be corroborated by written documents to be attached to and made part of the Comprehensive Financial Statement, whenever a party has such documentation, or whenever a party can obtain such documentation upon reasonable effort from other sources.

CRITICAL

Applies to

Affidavit

Before the hearing, the affidavit must be supplemented with the affiant’s four most recent pay stubs or other written evidence of earnings from all sources for at least the preceding two months.

Prior to the date of the hearing on any pleading filed under paragraph A, the party filing the affidavit shall supplement the affidavit by attaching the affiant's four (4) most recent pay stubs, or other written evidence of recent earnings from all sources for a period of not less than two (2) months preceding the date of the hearing.

CRITICAL

Applies to

Installment payment order

An order requiring installment payments toward a judgment must provide that the underlying citation is dismissed.

Orders compelling respondent to make installment payments to be applied to the judgment must provide that the underlying citation is dismissed.

CRITICAL

Applies to

Settlement order and proof

If a waiver of surety is sought and granted, the attorney seeking the settlement order must deposit and disburse the funds as ordered, present proof, and ensure the order states that responsibility.

In the event a waiver of surety on the bond of the guardian of the estate appointed hereunder is sought and granted, it shall become the personal responsibility of the attorney seeking entry of a settlement order to deposit and disburse the funds in accordance with the order and to present proof of the same. The order approving the settlement shall set out this responsibility.