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

CRITICAL

Applies to

Statement of the nature of the case

The Statement of the Nature of the Case must include specified information about the occurrence, parties, attorneys, and expected witnesses.

The statement will include the time, date and location of the alleged transaction or occurrence giving rise to the lawsuit; a brief description of the alleged transaction or occurrence; the name and city of residence (or business) of each of the parties involved and of their attorneys; and a list of the names and residence communities of witnesses whom the parties expect to call.

CRITICALCivil cases

Applies to

Non form order

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

Non-form orders must be similarly titled.

CRITICAL

Applies to

Notarized affidavit

Each party must sign a notarized affidavit covering the listed jurisdiction, grounds, agreement, voluntariness, fairness, waiver, and approval statements.

Each party shall sign an additional notarized affidavit indicating: 1) Their agreement that the court has both personal and subject matter jurisdiction; 2) Their stipulation as to grounds; 3) Their review of the Agreement in its entirety; 4) Their understanding of the terms of the Agreement and intent to be bound by them; 5) Their entry into the Agreement freely and voluntarily; 6) Their belief that the Agreement is a fair and equitable division of the marital estate; 7) Their waiver of appearance at a proveup; 8) Their waiver of a transcript from a prove up; 9) If either party is a self-represented litigant, the affidavit should include an acknowledgment that the SRL is not represented by opposing counsel and that the SRL has had or waived the opportunity to confer with outside counsel prior to signing the Agreement; lO}Their desire that the Court approve their Agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution.

CRITICAL

Applies to

Court forms

The Clerk must provide pre-printed or electronic forms approved by the Illinois Supreme Court or 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 or by the Presiding Judge.

CRITICAL

Applies to

Order

An order compelling installment payments toward a judgment must provide for dismissal of the underlying citation.

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

CRITICAL

Applies to

Proof of service

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

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.

CRITICALCivil cases

Applies to

Pleading

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.

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

Reinstatement request

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

Reinstatement of a Petition for Dissolution of Marriage may be had within one (1) year from the date of dismissal, if the petitioner files an appropriate notice and motion and pays the required reinstatement fee.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Order

Every order, including a pre-printed form order, must be fully completed and clearly state the specific relief granted.

All orders, including pre-printed form orders, shall be fully completed and must clearly state the specific relief granted.

CRITICAL

Applies to

Initiating paper

A party commencing an action or proceeding in a listed case type must complete the Clerk’s New Case Information Sheet and present it when filing the initiating document.

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

CRITICAL

Applies to

Order of body attachment

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

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

CRITICAL

Applies to

Written appearance

If a self-represented litigant’s appearance waives notice or consents to an immediate hearing, it must state that the 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.

CRITICALCriminal cases

Applies to

Drug court phase transition petition

The petition must include an attached Relapse Prevention Plan.

ATTACH: Relapse Prevention Plan and Financial Obligations Sheet

CRITICAL

Applies to

Affidavit

Each party must submit the required affidavit; failure to do so may result in sanctions.

Failure by either party to submit the affidavit required hereunder shall be cause for sanctions as the court may deem appropriate including but not limited to the striking of the pleadings of the party not in compliance.

CRITICAL

Applies to

Witness notice of right to object

Counsel must file appropriate proof that the witness received notice of the right to object.

Counsel shall file an appropriate proof of notice.

CRITICAL

Applies to

Proof of notice

Counsel must file proof that the witness received notice.

Counsel shall file an appropriate proof of notice.

CRITICAL

Applies to

Complaint, petition, or other paper initiating an action or proceeding

The sheet provided by the Clerk of Court must be presented when filing a complaint, petition, or other paper initiating an action or proceeding.

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

Continuance order

An order granting the settlement-related continuance must state that the case is stricken from the call on the scheduled 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

Request for media coverage

Upon application of the media, the trial court judge may permit the use of equipment or techniques at variance with the provisions in this policy, provided the variance request is included in the Request for Media Coverage provided for in subsections C (1) and (2). Ruling upon a variance application shall be at the sole discretion of the Judge. Variances may be allowed by the Judge without advance application or notice if all counsel and parties consent to it.

Upon application of the media, the trial court judge may permit the use of equipment or techniques at variance with the provisions in this policy, provided the variance request is included in the Request for Media Coverage provided for in subsections C (1) and (2). Ruling upon a variance application shall be at the sole discretion of the Judge. Variances may be allowed by the Judge without advance application or notice if all counsel and parties consent to it.

CRITICAL

Applies to

Filed papers

Must include

case number

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

The Circuit Clerk shall assign numbers on all cases filed, in accordance with the Administrative Office of Illinois Courts Manual on Recordkeeping, 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

Pleading

A pleading concerning temporary or permanent support or maintenance must be accompanied by an income-and-expenses affidavit.

Every pleading seeking to establish or otherwise affect issues of support or maintenance, whether temporary or permanent in nature shall be accompanied by an Affidavit as to Income and Expenses on a form which is available from the Circuit Court Clerk, or in a format containing the same information.

CRITICAL

Applies to

Separate sworn statement

A separate sworn statement supporting attorney's fees for a minor, ward, or disabled person must provide the specified billing information or, for contingent fees, work and result details, the fee agreement, and justification for amounts above 25% of the gross settlement.

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.

CRITICAL

Applies to

Electronically filed pleading or document

Each electronically filed pleading or document must include the case title, case number, and nature of the filing.

Additionally, each electronically filed pleading and document shall include the case title, case number and the nature of the filing.

CRITICAL

Applies to

Written appearance

An attorney must file a written appearance under Supreme Court Rule 13(a) and (c) before addressing the Court.

An attorney for a party shall file a written appearance pursuant to Supreme Court Rule 13 (a)&(c) before the attorney addresses the Court.

CRITICAL

Applies to

Order

Every order, including a pre-printed form order, must be fully completed and clearly state the specific relief granted.

All orders, including pre-printed form orders, shall be fully completed and must clearly state the specific relief granted.

CRITICAL

Applies to

Settlement conference memorandum

If a settlement conference is held, the plaintiff's and defendant's attorneys must prepare a 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 to counsel of record seven (7) days in advance of the settlement conference.

CRITICALCivil cases

Applies to

Continuance order

When the plaintiff or counsel appears because service has not been made, the submitted continuance order must set a definite date.

On the return of an initial summons or citation to discover assets, if service of process has not been had on the named defendant(s) or citation respondent(s), the plaintiff or plaintiff’s counsel must appear and submit an order continuing the matter for a date certain and thereupon an alias summons or citation may issue.

CRITICAL

Applies to

Attestation form

A requester seeking a subpoena for specified prohibited healthcare information must submit an attestation affirming that the request qualifies for an exception.

Pursuant to 735 ILCS 35/3.5, the clerk is restricted from issuing subpoenas under SCR 17 if they pertain to specific prohibited healthcare information unless the requester submits an attestation form affirming that the requested information qualifies under an outlined exception.

CRITICAL

Applies to

New case information sheet

A New Case Information Sheet must contain all listed case, party, attorney, jury-demand, claim-amount, summons, and additional-party information.

The minimum data required to be included on a New Case Information Sheet for all new case filings is the following: Case Type, Sub-Case Type, Jury Demand (yes or no), Amount Claimed, First Named Plaintiff, Plaintiff's Attorney (or pro se indication), Plaintiff Attorney's Address & Phone Number, First Named Defendant, Defendant's Address, Summons Issued (yes or no), Additional Party Information if applicable.

CRITICAL

Applies to

Financial affidavit

An affidavit prepared more than 60 days before a hearing or pretrial is not valid for that proceeding unless accompanied by a new affidavit representing that no information has substantially 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.

CRITICAL

Applies to

Accommodation availability notice

The court and CDC must complete Exhibit B with contact information for the CDC or designee.

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: • completing the notice attached as Exhibit B with the contact information (name, address, phone number, and e-mail address) for the court's CDC(s) or a designee;

CRITICALCivil cases

Applies to

Affidavit

Before the hearing, the party who filed the affidavit must supplement it 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.

CRITICALCivil cases

Applies to

Mediator notice

The mediator must immediately notify the judge in writing if mediation is suspended or terminated, or if 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.

CRITICAL

Applies to

New case filing

Every new case filing must include a New Case Information Sheet completed by the attorney or pro se filer and submitted electronically with the case-initiation documents.

A New Case Information Sheet shall be required with all new case filings. The New Case Information Sheet shall be completed by the attorney or pro se filer and submitted electronically in addition to case initiation documents.

CRITICAL

Applies to

Electronic document requiring original signature

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

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

Attorney fee request

A separate sworn statement supporting attorney fees for a minor, ward, or disabled person must provide the specified hourly-fee details or, for a contingent fee, the specified work, result, agreement, and justification for fees above 25% of the gross settlement.

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.

CRITICAL

Applies to

Witness appointment order

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

The 23rd Judicial Circuit shall develop and maintain a standard 604.1 0(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

Pleading

Facts must be re-alleged verbatim when incorporating them by reference would make a pleading not readily comprehensible.

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

Pleading

Each count or affirmative defense in a pleading must have a concise title stating its theory and, when claims or defenses vary among parties, identify the relevant party subgroup.

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.

CRITICALCivil cases

Applies to

Installment payment order

An order compelling installment payments toward a judgment must provide for dismissal of the underlying citation.

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

CRITICAL

Applies to

Standardized forms

Approved standardized forms must be used as provided in Supreme Court Rule 10-101.

Standardized forms approved by the Illinois Supreme Court Commission on Access to Justice shall be used as provided in Supreme Court Rule 10-101.

CRITICAL

Applies to

Order

Attorneys and self-represented litigants must submit the order directed by the presiding judge by 3:00 p.m. on the hearing day.

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

Rule to show cause

A rule to show cause for failure to comply with an installment payment order may issue only upon petition.

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

First pleading appearance and subsequent papers and orders

The first pleading or appearance and all subsequent papers and orders must identify the filing attorney or self-represented litigant by name, address, and telephone number; attorneys must also include their registration 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. The attorney shall also include his or her attorney registration number issued by the Illinois Attorney Registration and Disciplinary Commission.

CRITICAL

Applies to

Pre printed form

The Presiding Judge must approve the contents and formatting of pre-printed forms, including any number of carbonless copies, before they are used.

The contents, and formatting, including the number of carbonless copies, if any, of pre-printed forms must be approved by the Presiding Judge prior to use.

CRITICAL

Applies to

Electronically filed document

Accepted electronic documents must receive a visible electronic filing stamp with the specified information, and they are not officially filed without that stamp.

Each document reviewed and accepted for filing by the Clerk shall receive an electronic file stamp. The stamp shall be endorsed in the name of the Clerk by the deputy clerk accepting filing, and shall include the identification of the court, the official time and date of filing and contain the word "FILED." This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronic documents are not officially filed without the electronic filing stamp.

CRITICALCivil cases

Applies to

Proof of service

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

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

Order setting hearing

An order setting a hearing must individually list each 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

Proposed trial stipulation

Proposed trial stipulations must be signed by the parties or their attorneys and filed in the cause, 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.