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

CRITICAL

Applies to

Electronically filed pleading or document

Must include

case number

Each electronically filed pleading and 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

Statement of the nature of the case

In civil jury cases, the plaintiff’s attorney must prepare a Statement of the Nature of the Case for voir dire that includes specified details about the occurrence and the parties.

In all civil jury cases, the plaintiffs 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. 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

CRITICAL

Applies to

Rule to show cause

A Rule to Show Cause requires proper notice and motion, unless good cause is shown by verified pleading.

No Rule to Show Cause shall issue except upon proper notice and motion except for good cause shown by verified pleading.

CRITICAL

Applies to

Party objection

A party objecting to extended media coverage should file a written objection stating the reasons for the objection.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the aequesl

CRITICALCriminal cases

Applies to

Drug court petition

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

Signed by defendant __________________________ Drug Court Officers __________________________ Date signed _________________________________

CRITICALCriminal cases

Applies to

Petition

The petition must include the relapse prevention plan as an attachment.

ATTACH: Relapse Prevention Plan

CRITICAL

Applies to

Proof of witness notice

Counsel must file appropriate proof that the witness was notified.

Counsel shall file an appropriate proof of notice.

CRITICAL

Applies to

Notice

All notices must comply with Supreme Court Ruling 11 and 12.

All notices shall comply with Supreme Court Ruling 11 and 12

CRITICALCivil cases

Applies to

Affidavit

A party must submit the required affidavit; failure to do so may result in sanctions, including striking that party’s pleadings.

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

Proof of deposit and disbursement

If a surety waiver is sought and granted, the attorney seeking the settlement order must present proof that the funds were deposited and disbursed according to the order.

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.

CRITICALCivil cases

Applies to

Prove up submission

The listed prove-up documents must be presented when a date is assigned or by another date ordered by the Court.

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

Comprehensive financial statement

The Comprehensive Financial Statement must not be filed with the Circuit Court Clerk.

The Comprehensive Financial Statement shall not be filed with the Circuit Court Clerk.

CRITICALCivil cases

Applies to

Continuance order

An order granting this type of continuance must state that the case is stricken from the trial-date call.

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

CRITICALCivil cases

Applies to

Affidavit of service

A copy of the summons with the notice attached must be filed with the Clerk as part of the affidavit of service.

The notice shall be attached to a copy of the summons and filed in the case with the Clerk as part of the affidavit of service, evidencing service of both the summons and the notice on a defendant(s).

CRITICAL

Applies to

Request for media coverage

A request for extended media coverage must use Appendix Form 1 or a substantially similar form.

Requests shall be filed using Form 1, in the Appendix, or a substantially similar form.

CRITICAL

Applies to

Application

An attorney seeking appointment in the specified Family Court matters must apply to the Presiding Judge of each county.

An attorney who wishes to be considered for appointment as Attorney for a Child, Guardian ad Litem, or Child's Representative for allocation of parental responsibilities, parenting time or relocation in Family Court shall make application to the Presiding Judge of each county.

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.

CRITICALCivil cases

Applies to

Affidavit

Applicants seeking to serve as court-appointed mediators must submit an affidavit supported by documentation of the stated 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

Petition for rule to show cause

A rule to show cause issues upon filing a verified petition with proper notice to the opposing party.

A Rule to Show Cause shall issue upon the filing of a verified Petition for Rule to Show Cause with proper notice to the opposing party.

CRITICALCivil cases

Applies to

Statement of nature of the case

In civil jury cases, the plaintiff’s attorney must submit a case statement with specified case and witness information for voir dire; opposing counsel may suggest amendments.

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. 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. Opposing counsel may suggest amendments to the statement.

CRITICALCivil cases

Applies to

Written motion pleading or oral argument

When a case is cited in a written motion or pleading, or during oral argument, a complete and correct copy must be presented to the Court.

Where the cases are cited to the Court in a written motion or pleading, or in oral argument, a complete and correct copy of the case shall be presented to the Court.

CRITICALCivil cases

Applies to

Prove up submission

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

Appeal

An appeal must be in writing.

Any appeal shall be in writing.

CRITICALCivil cases

Applies to

Citation continuance order

An order continuing a citation must state the specific reason for the continuance and what remains necessary 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

Applies to

Reinstatement request

To seek reinstatement, the petitioner 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.

CRITICAL

Applies to

Witness notice

Counsel proposing to introduce a witness's testimony must notify the witness of the right to object using 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.

CRITICAL

Applies to

Document

Original signatures of non-electronic filers must be obtained before filing, and the document must identify each non-registered signatory.

Original signatures of all non-electronic filers must be obtained before filing the document. The document must indicate the identity of each non-registered signatory.

CRITICALCivil cases

Applies to

Emergency motion

The proponent of an alleged emergency must initially prove that a timely regular-call assignment is unavailable, that statutory notice was given, and that denial of relief would cause immediate and irreparable harm with no adequate remedy at law.

C. 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.

CRITICAL

Applies to

Application for fee waiver

A civil fee-waiver application must be written on the Illinois Supreme Court form and signed by the applicant or, in specified cases, a person with knowledge of the facts.

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.

CRITICAL

Applies to

Proof of insurance

Proof of insurance, with name and ticket number, may be submitted by email to : www.dekalbcircuitclerk@dekalbcounty.org or by fax to 815-895-7140, beginning March 18, 2020 through April 17, 2020.

Proof of insurance, with name and ticket number, may be submitted by email to : www.dekalbcircuitclerk@dekalbcounty.org or by fax to 815-895-7140, beginning March 18, 2020 through April 17, 2020.

CRITICALCivil cases

Applies to

Memorandum of judgment

A qualifying Memorandum of Judgment must be signed by the presiding Judge, the duly appointed presiding Judge in DeKalb County, or the Chief Judge.

Upon and after the entry of this Order, all Memorandums of Judgment arising out of a duly entered judgment that remains outstanding and otherwise complies with 735 ILCS 5/12-101 shall be signed by the Judge presiding over the case or the duly appointed presiding Judge in DeKalb County or the Chief Judge.

CRITICAL

Applies to

Form design or revision

New form designs, revisions, and 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.

CRITICAL

Applies to

Accommodation request form

If requesting an accommodation under “something else,” the requester must provide additional information about the request.

I am requesting (check the box for any accommodations you are requesting. If you select “something else” you must list additional information about the request):

CRITICAL

Applies to

Email

The scheduling email must state that the couple has all required documents and a judge is ready, willing, and able to perform the ceremony.

The email will also contain an express statement by the Court Administrator that all required and necessary documents are in the possession and custody of the proposed couple and a judge is ready, willing and able to perform the wedding ceremony.

CRITICAL

Applies to

Foreign subpoena request

Must include

proposed order

After submitting the attestation form, 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.

CRITICALCriminal cases

Applies to

Drug court petition

The petitioner must attach a sheet describing the most important thing learned during Phase I.

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

CRITICAL

Applies to

Motion

A motion to file a document under seal must explain how the document meets the applicable standards, and the document must not be attached to the motion.

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.

CRITICALCriminal cases

Applies to

Drug court petition

The petition must include the completed relapse prevention plan and state that the petitioner reviewed it with their treatment provider and Drug Court staff.

5. I have completed by relapse prevention plan, which is attached to this document. I have reviewed this plan with my treatment provider _____________________________, and DeKalb County Drug Court staff.

CRITICALCriminal cases

Applies to

Drug court petition

The petition must state that the petitioner participates in a sober network verified by Drug Court staff and identify the sponsor or mentor type.

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: _______________________________________________________________

CRITICALCriminal cases

Applies to

Drug court petition

The petition must state where the petitioner completed initial treatment and their successful transition to the next level of care.

2. I have completed my initial treatment at ______________________________ and have made a successful transition into the next level of care at _________ ________________________.

CRITICAL

Applies to

E filing registration form

Attorneys must submit an E-Filing Registration Form containing the listed firm, attorney, contact, and filing-fee payment 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.

CRITICALCriminal cases

Applies to

Drug court petition

The petition must state that the petitioner is complying with the requirements of their current level of care and identify them.

3. I am currently in compliance with all of the requirements of my current level of care, including ____________________________________________

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.

CRITICALCivil cases

Applies to

Summons

Effective August 2, 2021, and until further order, the attached forms must be made part of every summons issued in a residential eviction proceeding.

Pursuant to the directives and orders from the Illinois Supreme Court, effective August 2, 2021 and until further order of the Court the attached forms shall be made a part of all summons issued in all residential eviction proceedings.

CRITICAL

Applies to

Objection

An objection by a party or witness must be submitted in writing.

any party objecting to the attached Request must file a written objection at least three days before the commencement of the proceeding, and any witness objecting must file a written objection before the commencement of the proceeding.

CRITICAL

Applies to

Attestation form

For subpoenas involving specified prohibited healthcare information, the requester must submit an attestation affirming that the requested information 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

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

Estate planning document photocopy

Photocopies of original estate planning documents, adjusted to meet the standard size, must be submitted to the court record with the original.

photocopies of the same, expanded or reduced to conform to these size standards, must also be submitted into the court record along with the original copy.

CRITICALCriminal cases

Applies to

Drug court petition

The petition must state the payment plan for applicable court costs, restitution, and treatment, including the monthly payment amount and start date.

7. I have established a payment plan towards my court costs and restitution (if applicable) and treatment (if applicable) and will begin payments of $ _______ per month on __________________________ (date).

CRITICAL

Applies to

Grand jury subpoena

Grand Jury subpoena documents must be filed with the Circuit Clerk under the case number that impaneled the Grand Jury.

23rd Circuit Judicial Administrative Order 21-04 – All Grand Jury subpoena documents shall be filed with the Circuit Clerk under the case number impaneling the Grand Jury.