Court Rules

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

405 rules from official source documents

Rules 301 to 350, page 7 of 9

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

CRITICALCriminal cases

Applies to
Drug court petition

The petition form provides lines for the defendant's and Drug Court Officers' signatures and the date signed.

Signed by defendant __________________________ Drug Court Officers __________________________ Date signed _________________________________

CRITICAL

Applies to
Wedding scheduling

Before scheduling a wedding, the Court Administrator must verify that the couple possesses all required county-clerk documents.

No wedding(s) shall be scheduled or set without verification by the Court Administrator, that the couple has in their possession and custody all necessary and required documents from the county clerk to enable the wedding to proceed.

CRITICALCriminal cases

Applies to
Drug court petition

The petition must state the petitioner's sobriety date and that they have maintained three months of sobriety.

1. My sobriety date is ________________, I have maintained 3 months sobriety.

CRITICAL

Applies to
Document
Must include
case number

The case number must be printed on every page of each document.

Documents shall have the case number printed on each page.

CRITICAL

Applies to
Electronically filed document
Must include
caption, case number

Each electronically filed pleading and document must identify 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
Order

The prevailing party or their attorney must submit an order conforming to the Court’s ruling or decision.

Upon the Court making a ruling, decision or granting a motion(s), the prevailing party or his, her or it's attorney shall submit, within two (2) business days of the ruling, decision and/or the granting of a motion(s), an order in conformity with the Court's ruling, decision and/or granting of a motion(s).

CRITICALCriminal cases

Applies to
Grand jury subpoena documents

The filing must include original copies of the listed Grand Jury subpoena documents.

These documents shall include original copies of Subpoena Duces Tecum Affidavit form, Grand Jury subpoena, Motion to Appoint Investigator, Order appointing Investigator and Affidavit of Return.

CRITICALCriminal cases

Applies to
Drug court petition

If applicable, the petition must describe the petitioner's employment, school enrollment, or other vocational training.

6. If appropriate, I am involved in employment, or enrollment in school or other vocational training described below: _______________________________________________________________ _______________________________________________________________

CRITICAL

Applies to
New case information sheet

A party commencing an action or proceeding in the listed case types must complete and submit the New Case Information Sheet when filing the initiating paper.

Each party commencing an action or proceeding in case types AD, CH, DC, DN, ED, EV, FC, GC, GR, FA, JA, JD, JV, JE, LA, LM, MC, MH, MR, OP, PR, SC, OR TX 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
Summons

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

23rd Circuit Court Administrative Order 21-08 – All summons issued in residential eviction cases shall include the attached notice both in English and Spanish.

CRITICAL

Applies to
Original document

Use a reference to the prior documents’ filing date and title instead of attaching reproductions.

A reference to the filing date and title of the documents shall be used to replace the reproductions.

CRITICALCriminal cases

Applies to
Grand jury subpoena documents

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

All Grand Jury subpoena documents shall be filed with the Circuit Clerk under the case number impaneling the Grand Jury.

CRITICAL

Applies to
Summons

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.

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
Document
Must include
page count

The first page must state “Page 1 of [total] Pages,” and all following pages must be numbered consecutively or sequentially.

The first page shall be numbered “Page 1 of Pages.” Each page thereafter shall be numbered consecutively or sequentially.

WARNING

Applies to
Pretrial memorandum

The judge may require each party to submit a pretrial memorandum containing information the judge specifies.

The judge may require a pretrial memorandum to be submitted by each party, containing such information as the judge may specify.

WARNINGCriminal cases

Applies to
Essay

The essay must be written by the participant and address the assigned topic.

The essay must be written by you and address the topic that was assigned.

WARNINGCriminal cases

Applies to
Journal entry

Journal entries must be written once a week until the participant’s next court appearance.

The Judge and Drug Court Team have required that you write journal entries once a week until your next court appearance.

WARNING

Applies to
Certificate of readiness

To obtain a Certificate of Readiness for a Prove Up scheduled on or after June 4, 2020, attorneys and SRLs may mail the original documents and a completed, executed Certificate of Readiness to the Court Administrator instead of meeting in person.

Attorneys and/or SRLs wishing to obtain a Certificate of Readiness in order to schedule a Prove Up on or after June 4, 2020, in lieu of meeting with the Court Administrator in person at the DeKalb County Courthouse may mail the original documents along with the completed and executed Certificate of Readiness form to the Court Administrator at 133 W. State Street, Sycamore, Illinois 60178.

WARNING

Applies to
Order setting hearing

Orders which provide for hearing on "all pending matters" or similar language may be stricken by the judge without hearing.

Orders which provide for hearing on "all pending matters" or similar language may be stricken by the judge without hearing.

WARNING

Applies to
Original document

Original filings must not include duplicative attachments unless required by law or Supreme Court Rule; instead, refer to the prior document’s filing date and 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.

WARNING

Applies to
Party objection

A party's written objection must state the reasons for objecting to extended media coverage.

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.

WARNING

Applies to
Judgment

After Court approval for good cause, a settlement may proceed to prove-up on an oral agreement if 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.

WARNING

Applies to
Parenting plan

The Parenting Plan should include all mandatory clauses, including a mediation provision.

Please make sure all mandatory clauses are included within the Plan (e.g. mediation provision);

WARNING

Applies to
Document
Must include
case number

The case number must be printed on every page of a document.

Documents shall have the case number printed on each page.

WARNING

Applies to
Objection

A party's objection must state the specific facts supporting the allegation that extended media coverage would materially interfere with the fair and impartial administration of justice.

2. There is good cause to believe that the presence of extended media coverage, under the particular circumstances of this trial or proceeding, would materially interfere with the fair and impartial administration of justice. The specific facts and circumstance in support of this allegation are as follows: _____

WARNING

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.

WARNING

Applies to
Notarized affidavit

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;

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;

WARNING

Applies to
Notice of filing of request for extended media coverage

The notice must include a separate sheet listing all known individuals.

(Attach a separate sheet listing all known individuals.)

WARNINGCivil cases

Applies to
Pleading

In Probate proceedings, the Clerk must affix the automatic case management conference date notice to the original pleading and copies for service on the opposing party, if any.

The Clerk shall affix notice of said date to the original pleading and to copies of said pleading to be served on the opposing party (if any).

WARNING

Applies to
Statement

The statement includes the names and residence communities of expected witnesses, and opposing counsel may suggest amendments.

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.

WARNING

Applies to
Media coverage request

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).

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).

WARNINGCivil cases

Applies to
Rental assistance application

The rental assistance application requires tenants to provide the listed documentation.

Tenant Documentation Requirements: • Government-issued photo ID • Proof of address • Proof of household income • Proof of public assistance (if applicable) • Amount of past due rent • Eviction court papers (Complaint/Summons) • Valid email address

WARNING

A complete and correct copy of each case cited in a written motion, pleading, or oral argument 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.

WARNING

A complete and correct copy of each case cited in a written motion, pleading, or oral argument 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.

WARNING

Applies to
Grievance response

A response to a grievance must inform the grievant about the appeal procedure.

Any response to a grievance shall inform the person making the grievance of the appeal procedure described below.

WARNING

Applies to
Marital settlement agreement

With respect to the Marital Settlement Agreement, setting of child support and maintenance should reference calculation pursuant to statute (i.e .. income and duration, income sharing) and/or specify the basis for deviation and/or waiver or reservation of the same.

With respect to the Marital Settlement Agreement, setting of child support and maintenance should reference calculation pursuant to statute (i.e .. income and duration, income sharing) and/or specify the basis for deviation and/or waiver or reservation of the same.

WARNING

Applies to
Support order

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

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

WARNING

Applies to
Comprehensive financial statement

A party unable to complete an item in the Comprehensive Financial Statement must mark that item “Unknown” and certify the inability on the statement’s last page.

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.

WARNINGCivil cases

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.

WARNING

Applies to
Party extended media coverage objection

A party’s objection must state the specific facts supporting the claim that extended media coverage would materially interfere with the fair and impartial administration of justice; additional sheets may be used as necessary.

There is good cause to believe that the presence of extended media coverage, under the particular circumstances of this trial or proceeding, would materially interfere with the fair and impartial administration of justice. The specific facts and circumstance in support of this allegation are as follows: (Use additional sheets as necessary.)

WARNING

Applies to
Witness objection to extended media coverage

A witness's objection must state specific reasons for objecting to extended media coverage of the testimony.

3. I object to extended media coverage of my testimony for the following reasons (please be specific):

WARNING

Applies to
Order

An order setting a hearing must list each matter individually; an order setting 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.

WARNING

Applies to
Proposed settlement documents

Parties should email their fully executed proposed settlement documents to include the Judgment, Marital Settlement Agreement, Allocation Judgment and Parenting Plan and Certificates of Completion of Parenting Classes (if applicable) and a copy of the Certificate of Dissolution (half/sheet) to the Court Administrator at dakerlow@dekalbcounty.org for the respective Judge's review and discretionary entry.

Parties should email their fully executed proposed settlement documents to include the Judgment, Marital Settlement Agreement, Allocation Judgment and Parenting Plan and Certificates of Completion of Parenting Classes (if applicable) and a copy of the Certificate of Dissolution (half/sheet) to the Court Administrator at dakerlow@dekalbcounty.org for the respective Judge's review and discretionary entry.

WARNING

Applies to
Application for waiver of court fees

If a fee-waiver applicant must appear in person with the application and supporting evidence, the Clerk must provide the appearance’s time and place when the application is filed.

If an applicant must personally appear to present the application and any supporting evidence to the Court, the Clerk shall inform the applicant of the time and place of the appearance when the applicant files the application.

WARNING

Applies to
Filed paper

Except for papers filed in branch courts, each filed paper must bear a stamp with “Filed,” the filing date, and the Clerk of Court’s name.

Any paper filed in any cause or proceeding, except in branch courts, shall be impressed with a stamp bearing the word Filed" followed by a notation of the month, day and year of the filing and the name of the Clerk of Court.

WARNING

Applies to
Accommodation request

Requests shall be made in writing on forms provided by the Court.

Requests shall be made in writing on forms provided by the Court.

WARNINGCivil cases

Applies to
Pretrial memorandum

The judge may require each party to submit a pretrial memorandum containing information specified by the judge.

The judge may require a pretrial memorandum to be submitted by each party, containing such information as the judge may specify.

WARNING

Applies to
Hearing order

An order setting a hearing must individually list each matter; orders using “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.

WARNINGCivil cases

Applies to
Marital settlement agreement

Marital Settlement Agreement, which should include whether child support and/or maintenance amounts are calculated pursuant to statute, and the numbers used in such calculation, and/or specify any basis for deviation, waiver, or reservation of the same. Disproportionate distribution of marital property (assets and liabilities), if any, should also be explained.

Marital Settlement Agreement, which should include whether child support and/or maintenance amounts are calculated pursuant to statute, and the numbers used in such calculation, and/or specify any basis for deviation, waiver, or reservation of the same. Disproportionate distribution of marital property (assets and liabilities), if any, should also be explained.

WARNING

Applies to
Filed paper
Must include
case number

The Clerk assigns a case number that must appear on pleadings, notices, orders, and other filed papers; the number includes the commencement year, case-type abbreviation, and consecutive case number.

The Circuit Clerk shall assign numbers on all cases filed , in accordance with the Administrative Office of Illinois Courts Manual on Record keeping. to each such action or r.,roeeeding a Gase Number, ·which shall be endorsed on all r.,leadings, notices, orders, and other r.,ar.,ers filed therein. Such Case Number shall consist of: (1) a two digit number indicating the year in ·~vhieh such action or r.,roeeeding "n'8S commenced; (2) a ease tyr.,e abbreviation r.,reseribed by the Administrative Office of the Illinois Courts; and (3) a consecutive ease number.