Court Rules

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

405 rules from official source documents

Rules 51 to 100, page 2 of 9

Required elements, certificates, and structural requirements for court documents.

CRITICAL

Applies to
Evaluator program application

Applicants for the evaluator program must file an application with supporting documentation.

Applicants for the program must file the required application with supporting documentation and meet the following minimum criteria:

CRITICAL

Applies to
Witness objection

An objecting witness must use Form 4 or a substantially similar form.

Any objecting witness shall file his or her objection using Form 4, in the Appendix, or a substantially similar form.

CRITICALCivil cases

Applies to
Order

An agreed order must state that it is agreed.

Orders which are agreed must so state.

CRITICAL

Applies to
Prove up submission

The listed prove-up documents must be presented when the Court Administrator assigns a prove-up date or by any other date the Court orders.

Documents required hereunder shall be presented at the time a prove-up date is assigned by the Court Administrator or on or before such date as the Court may order: 1. Fully completed Certificate of Dissolution of Marriage, Invalidity or Legal Separation; 2. Judgment Order; 3. Marital/Civil Union Settlement Agreement; 4. Allocation of Parental Responsibilities (if applicable); 5. Certificate of Completion of Parenting Class (if Parties have minor children); 6. Order of Support (if applicable); 7. Withholding Order (if applicable); 8. QDRO/QILDRO (if applicable); 9. Certificate of Readiness and Order, signed by the Parties and/or counsel.

CRITICAL

Applies to
Appointment order

An appointment order for a Child's Representative or Guardian ad Litem must specify the tasks expected of the appointee.

Whenever a judge appoints a Child's Representative or a Guardian ad Litem, the appointment order shall specify the tasks expected of the Child's Representative or Guardian ad Litem.

CRITICAL

Applies to
Initiating paper

A party commencing an action in one of the listed case types must complete and present the New Case Information Sheet when filing the initiating paper.

Each party commencing an action or proceeding in case types L, LM, SG, TX, AD, JA, JD, OP, ED, MR, GH, 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.

CRITICAL

Applies to
Appointment order

An appointment order for a Child's Representative or Guardian ad Litem must specify the expected tasks.

Whenever a judge appoints a Child's Representative or a Guardian ad Litem, the appointment order shall specify the tasks expected of the Child's Representative or Guardian ad Litem.

CRITICAL

Applies to
Agreed order

An agreed order must state that it is agreed.

Orders which are agreed must so state.

CRITICAL

Applies to
Appearance

An Attorney for the Child, Guardian ad Litem, or Child's Representative must file an appearance upon retention.

The Attorney for the Child, Guardian ad Litem or Child's Representative shall, upon retention, file an appearance.

CRITICAL

Applies to
E filing registration form

An attorney's E-Filing Registration Form must include the listed firm, attorney, contact, and payment-method information.

Attorneys must submit an E-Filing Registration Form to the Clerk of Court which shall include a minimum of the following information: firm name, attorney names and ARDC registration numbers, address, phone number, e-mail address for E-service, staff contact information, selected method for paying filing fees.

CRITICAL

Applies to
Document filed by attorney

Attorneys must include their Attorney Registration and Disciplinary Commission Attorney Number on all documents.

Attorneys shall include their Attorney Number issued by the Attorney Registration and Disciplinary Commission on all documents.

CRITICAL

Applies to
Signed affidavit

5. signed affidavits from each party clearly stating that that each party: (a) agrees that the court has personal and subject matter jurisdiction; (b) stipulates to grounds; (c) has reviewed the documents in their entirety, understands their terms, and intends to be bound by them; (d) shall briefly describe the figures used to calculate any support obligation, and whether such support obligation meets the statutory guidelines; (e) shall, if appropriate, indicate whether a party is waiving the right to receive maintenance, affirm that the party is capable of supporting himself or herself, and that the party understands that by waiving maintenance, he or she cannot seek an award of maintenance at a later date; (f) has entered into the agreements freely and voluntarily; (g) believes that the Marital Settlement Agreement is a fair and equitable division of the marital estate; (h) waives their appearance at a prove-up and a transcript thereof; and (i) wishes that the Court approve their agreement(s), incorporate it/them into the Judgment. and enter the Final Judgment of Dissolution. (j) 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.

5. signed affidavits from each party clearly stating that that each party: (a) agrees that the court has personal and subject matter jurisdiction; (b) stipulates to grounds; (c) has reviewed the documents in their entirety, understands their terms, and intends to be bound by them; (d) shall briefly describe the figures used to calculate any support obligation, and whether such support obligation meets the statutory guidelines; (e) shall, if appropriate, indicate whether a party is waiving the right to receive maintenance, affirm that the party is capable of supporting himself or herself, and that the party understands that by waiving maintenance, he or she cannot seek an award of maintenance at a later date; (f) has entered into the agreements freely and voluntarily; (g) believes that the Marital Settlement Agreement is a fair and equitable division of the marital estate; (h) waives their appearance at a prove-up and a transcript thereof; and (i) wishes that the Court approve their agreement(s), incorporate it/them into the Judgment. and enter the Final Judgment of Dissolution. (j) 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.

CRITICALCivil cases

Applies to
Financial affidavit

An affidavit prepared more than 60 days before a hearing or pretrial is invalid for that proceeding unless accompanied by a new affidavit representing that no substantial information has changed.

No affidavit prepared more than sixty (60) days before the date of hearing or pretrial shall be considered valid for purposes of that proceeding unless accompanied by a new affidavit stating that the party offering it represents there has been no substantial change in any of the information since the last affidavit.

CRITICALCivil cases

Applies to
Certificate of delivery

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

Within ten (10) days of the entry of an order of dismissal for want of prosecution the Clerk of the Court shall send notice of the dismissal to all attorneys of record, and all self-represented parties by emailing the same to that party’s email address of record, or if none, by mailing the same, via first class mail with postage prepaid, to the address indicated on the last applicable appearance of record and shall enter into the record a certificate of delivery of the same.

CRITICAL

Applies to
Order

Attorneys and self-represented litigants must submit an order as directed by the presiding judge by 3:00 p.m. on the hearing day; failure may result in revocation of future remote appearances in the case.

Attorneys and/or self-represented litigants shall submit an order as directed by the Judge presiding by 3:00 pm on the day of the hearing, failure to do so may result in revocation of future remote appearances in that case.

CRITICAL

Applies to
Motion

Every motion must identify the requested relief and the applicable Code of Civil Procedure section in its title or introductory paragraph.

Every motion shall identify in its title or introductory paragraph the particular relief sought together with the section of the Code of Civil Procedure pursuant to which the motion is brought.

CRITICAL

Applies to
Written appearance

If the appearance is note-filed, the SRL must sign the appearance, and the SRL's signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.

If the appearance is note-filed, the SRL must sign the appearance, and the SRL's signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.

CRITICALCivil cases

Applies to
Motion

Each motion must identify the relief sought and the applicable Code of Civil Procedure section in its title or introductory paragraph.

Every motion shall identify in its title or introductory paragraph the particular relief sought together with the section of the Code of Civil Procedure pursuant to which the motion is brought.

CRITICALCivil cases

Applies to
Order setting hearing

An order setting a hearing must individually list each matter set or continued; an order referring generally to “all pending matters” or similar language may be stricken without a hearing.

All matters which are set or continued for hearing shall be individually listed in the Order setting the matter for hearing. Orders which provide for hearing on “all pending matters” or similar language may be stricken by the judge without hearing.

CRITICAL

Applies to
Electronically filed document with original signatures

The filing party must make signed originals available for inspection upon five days’ notice.

The filing party shall make those signed originals available for inspection by the Court, the Clerk, other counsel, or pro se party in the case, upon five (5) days notice.

CRITICAL

Applies to
Witness notice of right to object

Counsel proposing to introduce a witness’s testimony must notify the witness of the right to object using Appendix Form #2A or a substantially similar form.

All witnesses shall be notified by counsel proposing to introduce their testimony of their right to object to extended media coverage, by using Form #2A, in the Appendix, or a substantially similar form.

CRITICALCivil cases

Applies to
Appointment order

An appointment order for a Child’s Representative or Guardian ad Litem must specify the tasks expected of the appointee.

Whenever a judge appoints a Child’s Representative or a Guardian ad Litem, the appointment order shall specify the tasks expected of the Child’s Representative or Guardian ad Litem.

CRITICAL

Applies to
Motion for leave to file under seal

A motion for leave to file under seal must explain how the document meets the legal standards and must not attach the document.

The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question shall not be attached to the motion as an attachment.

CRITICALCivil cases

Applies to
Order

An order presented to the Court must indicate whether the plaintiff and defendant, and/or their counsel, are present or absent.

The presence or absence of the plaintiff or defendant and/or counsel appearing on their behalf must be indicated on any order presented.

CRITICAL

Applies to
Mediator report

By the status date, the mediator must submit a Mediator Report to the judge and the parties’ attorneys.

By the status date, the mediator shall submit a report to the judge and the parties' attorneys, in the form of a Mediator Report, notifying the judge and the attorneys of information listed in this rule under sub-section k, herein.

CRITICAL

Applies to
Witness objection to media coverage

An objecting witness must use Appendix Form 4 or a substantially similar form to file the objection.

Any objecting witness shall file his or her objection using Form 4, in the Appendix, or a substantially similar form.

CRITICAL

Applies to
Prove up scheduling

A prove-up cannot be scheduled until the required documents have been submitted in completed form and signed by the parties where applicable.

No prove-up may be scheduled without the submission of the foregoing documents, in completed form and signed by the Parties, where applicable.

CRITICAL

Applies to
Electronically filed document

Each electronically filed document must include the filer's typed name, email address, street address, and telephone number.

Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or self-represented party filing such document.

CRITICAL

Applies to
Application for waiver of court fees

Fee-waiver applications must be submitted for hearing to the judge expected to hear the matter, or to the Presiding Judge if that judge is unavailable.

Said Applications shall be submitted for hearing to the judge expected to be assigned to hear the matter in the future, or to the Presiding Judge if the judge expected to be assigned to the matter is unavailable.

CRITICALCivil cases

Applies to
Appointment order

Appointments of Attorneys for the Child, Guardians ad Litem, and Child’s Representatives must use a standardized appointment order.

All Attorneys for the Child, Guardian ad Litem and Child’s Representative appointments shall be made pursuant to a standardized appointment order.

CRITICALCivil cases

Housing providers or landlords must provide proof of ownership, proof of unpaid rent, a written lease if applicable, eviction court documents, and a valid email address.

• Comprobante de titu laridad • Comprobante de alqu iler impago • Arrendamiento por escrito (si corresponde) • Documentos de desalojo del tribunal (demanda/citaciones) • Direccion val ida de correo electronico

CRITICAL

Applies to
Proposed stipulations

Proposed trial stipulations must be written, signed by the parties or their attorneys, and filed unless the Court directs otherwise.

Proposed stipulations for use at trial will be in writing, signed by the parties or their attorneys and filed in the cause unless the Court directs otherwise.

CRITICAL

Applies to
Electronically filed document

Each electronically filed document must include the filer’s typed name, email address, address, and telephone number.

Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or self-represented party filing such document.

CRITICAL

Applies to
County specific form design revision

New designs and revisions or modifications to county-specific forms must be forwarded to the Clerk before the Presiding Judge approves them.

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

CRITICAL

Applies to
Support order

A Support Order must be reviewed and approved as to form by the Circuit Court Clerk before it is presented to the judge.

Support Orders shall be reviewed and approved as to form by the Circuit Court Clerk before the presentation to the judge.

CRITICALCriminal cases

Applies to
Prescribed medication documentation

The participant’s prescribed medication must be documented and approved by their substance abuse treatment provider before use.

I understand that any medication that is prescribed must be documented and approved by my substance abuse treatment provider prior to its use.

CRITICAL

Applies to
Mediator report

The mediator must submit a Mediator Report to the judge and the parties’ attorneys by the status date.

By the status date, the mediator shall submit a report to the judge and the parties' attorneys, in the form of a Mediator Report, notifying the judge and the attorneys of information listed in this rule under sub-section K, herein.

CRITICALCriminal cases

Applies to
Release

The participant must sign releases allowing their treating physician or psychiatrist to communicate with the Judge and Drug/DUI Court staff.

I agree to take all medications prescribed for me by my treating physician and/or psychiatrist, and will sign releases for my treatment physician or psychiatrist to communicate with the Judge and Drug/DUI Court staff.

CRITICALCivil cases

Applies to
Order

An order in a pre-judgment case must contain a future court date and time.

Any order in a pre-judgment case shall contain a future court date and time.

CRITICAL

Applies to
Document

Attorneys must include their Attorney Registration and Disciplinary Commission Attorney Number on all documents.

Attorneys shall include their Attorney Number issued by the Attorney Registration and Disciplinary Commission on all documents.

CRITICAL

Applies to
Notice of hearing

A hearing notice must state the action's title and case number, the motion's presentation date and time, and the courtroom.

The notice of hearing shall state the title and case number of the action and shall set forth the date and time the motion will be presented and the courtroom in which it will be presented.

CRITICAL

Applies to
Written appearance

A self-represented litigant must file a written appearance before participating in any court hearing.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court.

CRITICAL

Applies to
Electronically filed document

The filing party or attorney must confirm approval from required signatories who are nonparties or nonregistered persons.

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.

CRITICAL

Applies to
Agreed order

An agreed order must state that it is agreed.

Orders which are agreed must so state.

CRITICAL

Applies to
First pleading or appearance and subsequent papers and orders

An attorney must include their Illinois Attorney Registration and Disciplinary Commission registration number.

The attorney shall also include his or her attorney registration number issued by the Illinois Attorney Registration and Disciplinary Commission.

CRITICAL

Applies to
Order setting hearing

An order setting a hearing must individually list every matter set or continued for hearing.

All matters which are set or continued for hearing shall be individually listed in the Order setting the matter for hearing.

CRITICAL

Applies to
Grievance response

The CDC's grievance response must be in writing and in a format accessible to the grievant.

Within ten ( I 0) business days after the meeting, or within twenty (20) business days after receipt of the grievance if there is no meeting, the CDC shall respond in writing, and in a format accessible to the person submitting the grievance.

CRITICAL

Applies to
Original filed document

Do not attach duplicate copies of previously filed documents to original filings unless required by statute or Supreme Court Rule; refer instead to the filing date and document title.

Original documents filed with the Clerk of the Circuit Court shall not have attachments that are duplicates or reproductions of previously filed documents, unless required by Statute or Supreme Court Rule. A reference to the filing date and title of the documents shall be used to replace the reproductions.

CRITICALCivil cases

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.

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

CRITICAL

Applies to
Reinstatement request

A petitioner seeking reinstatement must file an appropriate notice and motion.

if the petitioner files an appropriate notice and motion