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

CRITICALCivil cases

Applies to

Notice of hearing

Must include

case number

A notice of hearing 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 set forth the date and time the motion will be presented and the courtroom in which it will be presented.

CRITICALCivil cases

Applies to

Witness appointment order

The standard 604.10(b) Witness Appointment Order must specify the questions for the expert, address the statutory factors, and direct the evaluator to perform 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

Certificate of readiness

An SRL's signature on a Certificate of Readiness form must be attested to and witnessed before a Notary Public.

The signature of any SRL on the Certificate of Readiness form shall be attested to and witnessed before a Notary Public.

CRITICALCivil cases

Applies to

Petition

A petition is required before a rule to show cause may issue for failure to comply with an installment-payment order.

Rules to show cause for the failure to comply with the terms of such a payment order shall issue only upon petition.

CRITICAL

Applies to

Motion

Every motion must identify the requested relief and the Code of Civil Procedure section authorizing it 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

Order

An order continuing a citation must specifically state the reason for the continuance and what is required to complete the citation.

Orders continuing a citation must set forth specifically the reason for the continuance and what is required to complete the citation.

CRITICAL

Persons seeking to act as court-appointed mediators must submit an affidavit supported by documentation of their qualifications to the Presiding Judge or the 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

Certificate of readiness

Signing the Certificate of Readiness affirms to the court that all matters in controversy have been settled.

A signature on a Certificate of Readiness constitutes an affirmation to the Court that all matters in controversy have been settled.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Subsequent pleading

Must include

case number

Unless good cause is shown, subsequent pleadings in consolidated cases must use the number of the earliest-filed case.

C. Unless good cause is shown, cases will be consolidated into the earliest filed case, and all subsequent pleadings shall use the number of that case.

CRITICAL

Applies to

Settlement approval order

The settlement approval order must state the attorney's responsibility for depositing and disbursing the funds.

The order approving the settlement shall set out this responsibility.

CRITICALCivil cases

Applies to

Motion and petition

Motions and petitions must be fully titled and identify the relief sought.

All motions and petitions must be fully titled to include the relief sought.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that the party believes the Marital Settlement Agreement fairly and equitably divides the marital estate.

(5) believes that the Marital Settlement Agreement is a fair and equitable division of the marital estate;

CRITICAL

Applies to

Written appearance

A self-represented litigant’s appearance must include the litigant’s legible name, address, telephone number, and email address if required.

Every appearance must contain the SRL’s legible name, address, telephone number, and, if required e-mail address.

CRITICAL

Applies to

Objection

A party's objection must be written, state the reasons for objecting, and use Form 3 or a substantially similar form.

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. The objection shall be filed using Form 3, in the Appendix, or a substantially similar form.

CRITICAL

Applies to

Comprehensive financial statement

For each item a party cannot complete, the party must enter “Unknown” and certify that inability on the statement’s last page.

C. If a party is unable to complete any portion of the required Comprehensive Financial Statement, he shall indicate his inability to do so by indicating an "Unknown" as to each specific item and shall so certify on the last page of the Comprehensive Financial Statement pursuant to 735 ILCS 5/1-109.

CRITICALCriminal cases

Applies to

Physician verification

The participant must provide the Drug/DUI Court Team with physician verification of prescribed medication before testing.

I agree to furnish the Drug/DUI Court Team verification from my physician for any prescribed medication in advance of testing to reduce the claims of cross-reactions.

CRITICAL

Applies to

Order

An order granting a settled-case continuance must state that the case is stricken from the call on the trial date.

Orders granting such a continuance must include language striking the case from the call on the date set for trial.

CRITICAL

Applies to

Extended media coverage request form

The extended media coverage request form requires a statement that proper notice was given to the court media liaison, counsel of record, and parties appearing without counsel.

4. Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Applies to

Motion or petition

Motions and petitions must be fully titled to identify the relief sought.

All motions and petitions must be fully titled to include the relief sought.

CRITICALCivil cases

Applies to

Clerk notice

The inactivity notice must tell recipients that the case will be called on a date certain for dismissal, subject to good cause shown.

If a civil case has no order entered for a period of nine (9) months and has no future date, the Clerk of the Court shall notify the attorneys of record together with any person who has filed an appearance and given an address that the case will be called on a date certain at which time it will be dismissed except for good cause shown.

CRITICALCivil cases

Applies to

Support order

Maintenance or support payments must be made pursuant to a Support Order using the Circuit Court Clerk's form.

Maintenance or support payments shall be made pursuant to a Support Order using the form available from the Circuit Court Clerk.

CRITICALCivil cases

Applies to

Settlement conference memorandum

In the event a settlement conference is held, the attorney for the plaintiff and the attorney for the defendant shall prepare a settlement conference memorandum and shall deliver a copy to the judge and

In the event a settlement conference is held, the attorney for the plaintiff and the attorney for the defendant shall prepare a settlement conference memorandum and shall deliver a copy to the judge and

CRITICAL

Applies to

Accommodation request response

The CDC's response to an accommodation request must be in writing and in a format accessible to the requester.

The CDC shall respond in both writing and in the format accessible to the person making the accommodation request within at least seven (7) business days from the date the request was received or sooner as the circumstances dictate.

CRITICAL

Applies to

Guardian ad litem report

At the discretion of the judge, the Guardian ad Litem shall submit a written or oral report(s) by a date certain designated by the judge.

At the discretion of the judge, the Guardian ad Litem shall submit a written or oral report(s) by a date certain designated by the judge.

CRITICALCivil cases

Applies to

Support order

The Circuit Court Clerk must review and approve Support Orders as to form before they are 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.

CRITICAL

Applies to

First pleading appearance subsequent papers and orders

The first pleading or appearance and subsequent papers and orders must identify the filer by name, address, and telephone number, and an attorney must also include their attorney registration number.

- B. The first pleading and/or appearance and all subsequent papers and orders shall contain the name, address, and telephone number of the attorney, or self represented litigant filing said paper. The attorney shall also include his or her attorney registration number issued by the Illinois Attorney Registration and Disciplinary Commission.

CRITICAL

Applies to

Pleading

Pleadings concerning support or maintenance must include a Financial Affidavit stating the affiant’s income and expenses, using the available form or a format with the same information.

Every pleading seeking to establish or otherwise affect issues of support or maintenance, whether temporary or permanent in nature, shall be accompanied by a Financial Affidavit setting forth the affiant's income and expenses, which form is available from the Circuit Court Clerk, or in a format containing the same information.

CRITICALCivil cases

Applies to

Summons

Summonses in residential eviction cases must include the attached notice in both English and Spanish.

All summons issued in residential eviction cases shall include the attached notice both in English and Spanish.

CRITICALCivil cases

Applies to

Sworn statement

To obtain an attorney-fee award or approval for a minor, ward, or disabled person’s claim, counsel must submit a separate sworn statement with the required information for either hourly or contingent fees.

Attorney’s fees will not be awarded or approved unless the attorney representing the claim of the minor, ward or disabled person sets forth in a separate sworn statement the following: 1. An itemization of hours expended, the work performed, and the hourly rates charged; or 2. If the fees sought are based upon a contingent fee agreement, an account of the work performed, the result realized (together with a copy of the fee agreement) and a statement justifying any amount in excess of 25% of the gross settlement amount.

CRITICALCivil cases

Applies to

Affidavit

The affidavit must state that the party waives appearing at a prove-up and waives a transcript of it.

(6) waives their appearance at a prove-up and a transcript thereof;

CRITICAL

Applies to

Accommodation availability notice

The court and CDC must post Exhibit B in an accessible format on the court's and clerk's websites.

The court and the CDC shall provide notice that accommodations are available to ensure that people with disabilities have equal opportunity to participate in court activities by: • posting the notice attached as Exhibit Bin an accessible format on the court's and clerk's websites.

CRITICAL

Applies to

Pleadings notices orders and other papers

Must include

case number

The assigned case number must be endorsed on all pleadings, notices, orders, and other papers filed in the action or proceeding.

The Clerk shall assign to each such action or proceeding a Case Number, which shall be endorsed on all pleadings, notices, orders, and other papers filed therein.

CRITICAL

Applies to

Hearing notice

Must include

case number

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 set forth the date and time the motion will be presented and the courtroom in which it will be presented.

CRITICAL

Applies to

First pleading or appearance and subsequent papers and orders

The first pleading or appearance and all later papers and orders must identify the filing attorney or self-represented litigant by name, address, and telephone number.

The first pleading and/or appearance and all subsequent papers and orders shall contain the name, address, and telephone number of the attorney, or self-represented litigant filing said paper.

CRITICAL

Applies to

Pretrial memorandum

The pretrial memorandum must be supplemented by a current Affidavit of Income and Expenses as required by Section 6.25.

The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, as required by Section 6.25 shall be served upon opposing counsel, or party, and a courtesy copy sent to the assigned judge, no later than five (5) days prior to the scheduled settlement conference.

CRITICALCivil cases

Applies to

Judgment

With Court approval for good cause, a settled case may proceed to prove-up based on an oral agreement, provided a judgment incorporating all agreement terms is subsequently filed.

C. If approved by the Court for good cause shown, cases settled at a settlement conference may proceed to prove-up based on an oral agreement provided it is subject to subsequent filing of a judgment incorporating all the terms of the Agreement.

CRITICAL

Applies to

Documents required to be maintained and preserved

Documents required to be maintained and preserved must be kept for one year after the judgment becomes final following direct review or expiration of the time to seek review.

All documents which are required to be maintained and preserved shall be kept for one year after the judgment has become final by conclusion of direct review or the expiration of the time for seeking such review.

CRITICALCivil cases

Applies to

Comprehensive financial statement

Written documents corroborating statements of income, assets, and debts must be attached to and made part of the Comprehensive Financial Statement when the party has them or can obtain them with reasonable effort.

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

Written appearance

If the appearance waives notice or consents to an immediate hearing, it must state that the self-represented litigant received a copy of the pleading before appearing.

If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of that pleading prior to the appearance.

CRITICAL

Applies to

Comprehensive financial statement

No party shall be entitled to serve any requests for discovery on a party until that party has filed the Comprehensive Financial Statement with all corroborating documents.

No party shall be entitled to serve any requests for discovery on a party until that party has filed the Comprehensive Financial Statement with all corroborating documents.

CRITICAL

Applies to

Filed document

Must include

page count, case number

Each document page must display the case number, and the pages must be numbered with the first page stating “Page 1 of ___ Pages” and subsequent pages numbered consecutively or sequentially.

Documents shall have the case number printed on each page. The first page shall be numbered "Page 1 of ___ Pages." Each page thereafter shall be numbered consecutively or sequentially.

CRITICAL

Applies to

Prove up submission

A prove-up cannot be scheduled until the required documents are 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

Prejudgment 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

Subsequent pleading

Must include

case number

After consolidation, subsequent pleadings must use the case number of the earliest-filed case.

all subsequent pleadings shall use the number of that case.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Notice of appearance

The 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.

CRITICALCivil cases

Applies to

Hearing order

An order setting or continuing a hearing must list each matter individually; an order setting a hearing on “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

Proof of service

Must include

certificate of service

The filed proof of service must certify that the Comprehensive Financial Statement is complete and state the date it was served on the opposing party.

each party shall file with the Circuit Court Clerk within seven (7) days thereafter proof of service, certifying that the Comprehensive Financial Statement has been completed and setting forth the date on which the completed Comprehensive Financial Statement was served upon the opposing party.

CRITICAL

Applies to

Mediation agreement

At the initial mediation session, the mediator must provide a written agreement outlining the mediation guidelines and expectations and including at least the information listed in subparagraph H.

At the initial session the mediator shall provide the parties with a written agreement outlining the guidelines under which mediation shall occur and the expectations of the parties and mediator. This initial agreement shall include at a minimum, all of the foregoing information in sub paragraph H.