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

CRITICALCivil cases

Applies to

Order

When the defendant and defendant’s counsel are absent, an order presented by the plaintiff or plaintiff’s counsel must be on the plaintiff’s motion or titled as agreed.

Orders presented by the plaintiff or plaintiff’s counsel in absence of the defendant or defendant’s counsel must be either on motion of the plaintiff or titled as agreed.

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.

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

Certificate

Must include

certificate of service

A certificate of service for the prove-up notice must be filed at or before the prove-up.

After default on personal service, five (5) days written notice of intent to appear for prove-up shall be given to the respondent at the address where the respondent was served with summons or at the last known residence of the respondent and certificate of such service shall be filed at or prior to the prove-up.

CRITICAL

Applies to

Mediated resolution summary

The proposed resolution of the mediated issues must be documented in a written summary.

The proposed resolution of the mediated issues will be documented in a written summary.

CRITICAL

Applies to

E filing registration form

Attorneys must submit an E-Filing Registration Form to the Clerk containing the specified minimum 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

Written appearance

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

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

CRITICALCivil cases

Applies to

Pleading

A pleading with multiple counts or affirmative defenses must give each count or defense a concise title stating its theory.

If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a concise title stating the theory of liability or defense.

CRITICAL

Applies to

Document

Original signatures of all non-electronic filers must be obtained before the document is filed.

Original signatures of all non-electronic filers must be obtained before filing the document.

CRITICAL

Applies to

Order for body attachment

An order for body attachment must include the subject's full name, race, gender, date of birth, and any known physical description.

Any Order for Body Attachment shall include, at a minimum, the subject's full name, race, gender and date of birth, as well as any known physical description

CRITICALCivil cases

Applies to

Statement

The appointed representative must submit service statements to litigants within 90 days of appointment and every subsequent 90-day period while appointed.

The Attorney for the Child, Guardian ad Litem or the Child’s Representative shall submit statements to litigants for services rendered within 90 days of his or her appointment, and every subsequent 90 day period thereafter during the course of his or her appointment.

CRITICAL

Applies to

Comprehensive financial statement

Each party and the party’s attorney must timely supplement the Comprehensive Financial Statement.

E. It is the duty of each party and each party's attorney to timely supplement the Comprehensive Financial Statement.

CRITICAL

Applies to

Financial affidavit

Before the hearing on a pleading covered by paragraph A, the filing party must supplement the affidavit with the affiant’s four most recent pay stubs or 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.

CRITICALCivil cases

Applies to

Mediation agreement

At the initial mediation session, the mediator must provide a written agreement describing the mediation guidelines and expectations and including the information specified 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.

CRITICAL

Applies to

Appeal response

The final appeal resolution must be in writing and in a format accessible to the person who submitted the grievance.

Within twenty (20) business days after receipt of the appeal, the applicable Chief Judge, the Presiding Judge of the Appellate District, or the Chief Justice (or their representative) will respond with a final resolution of the grievance procedure in writing and in a format accessible to the person submitting the grievance.

CRITICAL

Applies to

Proposed order

After the hearing, the designated Drafter must promptly draft and send the proposed order to opposing counsel or the SRL, who must promptly respond with revisions or suggested changes.

At the conclusion of the hearing, the Drafter shall promptly draft the proposed order and forward it to the opposing counsel/SRL. Opposing Counsel/SRL shall promptly respond with revisions or other suggested changes.

CRITICAL

Applies to

Order

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

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

CRITICAL

Applies to

Electronic document requiring original signature

Filing an electronic document that requires an original signature certifies that the filer possesses the original signed document.

Anyone filing an electronic document that requires an original signature certifies by so filing, that the original signed document exists in the filing person's possession.

CRITICAL

Applies to

Jury instructions

In a civil or criminal trial with approved extended media coverage, the jury must receive the admonishments set forth in the Supreme Court’s Policy on Extended Media.

During the trial of any criminal or civil trial with an approved request for extended media coverage the judge shall instruct the jury with admonishments set forth in the Supreme Court•s Policy on Extended Media, as amended from time to time.

CRITICAL

Applies to

Motion petition non form order

Motions and petitions must be fully titled to state the relief sought, and non-form orders must be titled similarly.

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

CRITICALCriminal cases

Applies to

Drug court petition

The petition must include an attached sheet describing the most important thing learned during Phase 2.

8. Attach a sheet that tells about the most important thing you have learned during Phase 2.

CRITICAL

Applies to

Settlement conference memorandum

The plaintiff’s and defendant’s attorneys must prepare a settlement conference memorandum.

the attorney for the plaintiff and the attorney for the defendant shall prepare a settlement conference memorandum

CRITICAL

Applies to

Statement of services

The appointed attorney or representative must submit service statements to litigants within 90 days of appointment and every 90 days thereafter while appointed.

The Attorney for the Child, Guardian ad Litem or the Child's Representative shall submit statements to litigants for services rendered within 90 days of his or her appointment, and every subsequent 90 day period thereafter during the course of his or her appointment.

CRITICALCivil cases

Applies to

Financial affidavit

The Financial Affidavit must not be filed with the initial or responsive pleading.

said the Financial Affidavit shall not be filed with the initial and responsive pleading;

CRITICAL

Applies to

Financial affidavit

A Financial Affidavit must not be filed with the initial or responsive pleading.

Said Financial Affidavit shall not be filed with the initial and/or responsive pleading;

CRITICAL

Applies to

Appearance

A court-appointed 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

Order

Every order, including a pre-printed form, must be completed, state the specific relief granted, indicate the presence or absence of the parties and their counsel, and identify its preparer.

All orders, including pre-printed form orders, shall be fully completed and must clearly state the specific relief granted. The presence or absence of the plaintiff or defendant and/or counsel appearing on their behalf must be indicated on any order presented. The name of the person preparing the order shall also appear.

CRITICALCivil cases

Applies to

Party affidavit

Each party’s signed affidavit must state that the party agrees the court has personal and subject-matter jurisdiction and stipulates to grounds.

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;

CRITICAL

Applies to

Mediation agreement

At the initial session, the mediator must provide a written agreement outlining 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.

CRITICAL

Applies to

Pleading

Pleadings with multiple counts or defenses must title each one with its theory, and identify the relevant party subgroup when claims or defenses differ among parties.

If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a concise title stating the theory of liability or defense. 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.

CRITICALCriminal cases

Applies to

Drug court petition

The petition asks the defendant to provide the listed sobriety, treatment, compliance, support-network, relapse-prevention, employment or education, and payment information.

for the following reasons: 1. My sobriety date is ________________, I have maintained 6 months sobriety. 2. I have completed all formal treatment at _____________________________ and have made a successful transition into aftercare at _________ ________________________. 3. I am currently in compliance with all of the requirements of my current level of care, including ____________________________________________ 4. I am participating in a sober network which has been verified by DeKalb County Drug Court staff and includes this type of sponsor/mentor: _______________________________________________________________ 5. I have revised my relapse prevention plan, which is attached to this document. I have reviewed this plan with my treatment provider ___________________, and DeKalb County Drug Court staff. 6. I am involved in employment, or enrollment in school or other vocational training described below: _______________________________________________________________ _______________________________________________________________ 7. I have begun and am current in my payments towards court costs and restitution (if applicable) of $ _______ per month and will have all of my financial obligations paid in full on _______________________ (date).

CRITICAL

Applies to

Transcript request

Transcript requests must be made in writing and submitted to the court reporter supervisor or a court reporting services employee.

All transcript requests shall be made in writing and submitted to the court reporter supervisor or court reporting services employee.

CRITICAL

Applies to

Mediation notice to judge

The mediator must immediately advise the judge in writing if mediation is suspended or terminated or a party fails to comply with the paragraph.

The mediator shall immediately advise the judge in writing if he/she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this paragraph.

CRITICALCivil cases

Applies to

Comprehensive financial statement

A party unable to complete an item must mark that item “Unknown” and certify the inability on the statement’s last page pursuant to 735 ILCS 5/1-109.

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.

CRITICAL

Applies to

Program application

Program applicants must file the required 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

Electronically filed document

An electronically filed document submitted with a user's identification and password is deemed personally signed by that user when it lacks a facsimile or typographical signature.

In the absence of a facsimile or typographical signature, any document electronically filed with a user's identification and password is deemed to have been personally signed by the holder of the user identification and password.

CRITICAL

Applies to

Appointment order

Appointments must use a standardized order directing the parties to pay retainers by a specified date.

All Attorneys for the Child, Guardian ad Litem and Child's Representative appointments shall be made pursuant to a standardized appointment order. In the appointment order, the judge shall order the parties to pay retainer amounts to the Attorney for the Child, Guardian ad Litem or the Child's Representative by a date certain.

CRITICALCivil cases

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

CRITICAL

Applies to

Party objection to media coverage

A party’s objection must use Appendix Form 3 or a substantially similar form.

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

CRITICAL

Applies to

Order

An order must indicate whether the plaintiff, defendant, and/or their counsel appeared, and must include the name of the person who prepared it.

The presence or absence of the plaintiff or defendant and/or counsel appearing on their behalf must be indicated on any order presented. The name of the person preparing the order shall also appear.

CRITICAL

Applies to

Agreed order

Before filing an Agreed Order involving an SRL, the SRL's signature must be attested to and witnessed before a Notary Public.

If an Agreed Order involves one or more self-represented litigants ("SRL"), the signature of the SRL shall be attested to and witnessed before a Notary Public prior to filing with the clerk.

CRITICALCivil cases

Applies to

Affidavit

If appropriate, the affidavit must address a party's maintenance waiver, ability to support themself, and understanding that a waiver prevents seeking maintenance later.

(b) 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;

CRITICAL

Applies to

Accommodation availability notice

The court and CDC must post Exhibit B in an accessible location near public entryways and in all public offices.

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 B in an accessible location near public entryways and in all offices that are open to the public;

CRITICALCivil cases

Applies to

Appointment order

The appointment order must direct the parties to pay retainers by a specified date.

In the appointment order, the judge shall order the parties to pay retainer amounts to the Attorney for the Child, Guardian ad Litem or the Child’s Representative by a date certain.

CRITICAL

Applies to

Prove up submission

The listed prove-up documents must be presented when a date is assigned or by any other date ordered by the court.

H. 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

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.

CRITICAL

Applies to

Notice

All notices must state that the hearing will be held via Zoom and include the assigned judge's Zoom meeting ID and webpage link.

1) All notices shall indicate that the hearing will be conducted via Zoom and shall include the Zoom meeting ID and webpage link information for the assigned judge.

CRITICAL

Applies to

Grievance

A grievance must be written on the Circuit Court grievance form and include the filer’s name and address and a brief description of the alleged violation.

A complaint shall be in writing, using the Circuit Court's grievance form, attached as Exhibit C. The grievance shall contain the name and address of the person filing the complaint, and briefly describe the alleged violation.

CRITICALCivil cases

Applies to

Order

An order must include the name of the person who prepared it.

The name of the person preparing the order shall also appear.

CRITICAL

Applies to

Minor settlement voucher

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

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

Motion for leave to file under seal

A motion for leave to file under seal must explain how the document meets the legal standards for sealed filing.

The motion must include an explanation of how the document meets the legal standards for filing sealed documents.