23rd Judicial Circuit Court, DeKalb County, Illinois Electronic Filing Rules

CRITICAL

The Clerk accepts and approves electronic filings through a vendor or the Clerk's computer workstation.

The Clerk shall accept and approve filings electronically through a vendor or through the Clerk's computer workstation.

CRITICAL

Electronic filing is permitted for civil and criminal cases except WI (Wills), sealed, and impounded cases.

This Court hereby authorizes all civil and criminal cases with the exception of WI (Wills}, sealed and impounded cases as permissible electronic filing case types.

CRITICAL

Accepted electronic documents must receive a Clerk-endorsed stamp with specified information, merged into and visible on the document; without it, they are not officially filed.

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. Filings so endorsed shall have the same force and effect as documents time stamped in the conventional manner.

CRITICAL

Electronic filers are responsible for ensuring their documents are complete, readable, and properly filed, just as conventional filers are.

A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.

CRITICAL

Applies to

Physical items not conducive to electronic filing

Items not suited to electronic filing, including certain sealed documents and physical exhibits, must be filed in physical form as directed by court order.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk's Office or in the Courtroom, as directed by order of the court and in conformity with Supreme Court "Electronic Filing Standards and Principles."

CRITICAL

Applies to

Motion for leave to file under seal

The motion for leave to file under seal must be filed electronically.

A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.

CRITICAL

The Clerk must reject any unapproved document type submitted electronically by a Subscriber.

Any unapproved document type filed electronically by a Subscriber shall be rejected by the Clerk of the Court.

CRITICAL

Applies to

Wills or testamentary documents exhibits or documents filed directly with judge

Wills and other testamentary documents, exhibits, and documents filed directly with the judge may not be filed electronically.

Wills or other testamentary documents, exhibits, or documents that are filed directly with the judge (e.g. proposed orders) shall not be accepted for filing electronically.

CRITICAL

Items unsuitable for electronic filing, including specified sealed documents and physical exhibits, must be filed in physical form at the Clerk’s Office or courtroom as directed by court order and consistent with the stated standards.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk's Office or in the Courtroom, as directed by order of the court and in conformity with Supreme Court "Electronic Filing Standards and Principles."

CRITICAL

Wills, testamentary documents, exhibits, and documents filed directly with the judge, such as proposed orders, must not be accepted for electronic filing.

Wills or other testamentary documents, exhibits, or documents that are filed directly with the judge (e.g. proposed orders} shall not be accepted for filing electronically.

CRITICAL

Bulk filings combining multiple cases or documents in one PDF are not accepted, and documents with different civil or criminal case numbers must be filed in separate transactions.

Bulk filings of multiple cases or multiple documents combined into one PDF document in civil or criminal case types shall not be accepted. Documents with different civil or criminal case numbers must be filed individually in separate transactions.

CRITICAL

Applies to

Documents with different case numbers

Documents associated with different civil or criminal case numbers must be filed individually in separate transactions.

Documents with different civil or criminal case numbers must be filed individually in separate transactions.

CRITICAL

Applies to

Application for waiver of court fees

Persons exempt from e-filing may file fee-waiver applications by U.S. Mail, commercial carrier, or in person, and the Clerk must provide the forms.

A. Forms of Application for \\'aiver of Court Fees by persons who are e:xempt from e•filing under Supreme Court Rule 9(c) may be f-iled by U.S. Mail, third· party commercial carrier, in person, as provided in Supreme Court Rule 298, shall be provided by the Clerk of Cour1.

CRITICAL

Applies to

Document or pleading

The Clerk must allow conventional filing of documents and valid pleadings, and the e-filing program may not block that option.

The Clerk shall allow the filing of a document or pleading using the conventional manner of filing. At no time shall the e-filing program prevent or exclude the ability to file any valid pleading with the Clerk. In those circumstances, the Clerk shall scan conventionally filed documents into the electronic file.

CRITICAL

Applies to

Documents in confidential impounded or sealed cases

Documents in confidential, impounded, or sealed cases must be filed conventionally with the Clerk's office.

All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk's office for filing.

CRITICAL

Users must register with the Clerk and the authorized e-filing vendor before filing any document electronically.

Prior to filing any document electronically, users are required to register with the Clerk of Court and the Court's authorized e-filing vendor.

CRITICAL

Applies to

Document requiring statutory filing fee

A document requiring a statutory filing fee must be filed electronically in the same manner as other e-filed documents.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICAL

Electronic filing is authorized for civil and criminal cases except wills, sealed cases, and impounded cases, with case types phased in by the Clerk.

This Court hereby authorizes all civil and criminal cases with the exception of WI (Wills), sealed and impounded cases as permissible electronic filing case types. The Circuit Court Clerk shall direct the phasing in of case types during implementation of electronic filing.

CRITICAL

Applies to

Proof of insurance

Proof of insurance with the submitter’s name and ticket number may be submitted by email or fax from March 18 through August 31, 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 August 31, 2020.

CRITICALCriminal cases

Applies to

Transcript

When the courthouse is closed under this Order, court reporters must electronically file a copy of each hearing transcript in the case file.

The court reporter(s) shall transcribe each hearing/case within forty-eight (48) hours of the hearing and file a copy of the transcript, electronically, into each case file.

CRITICALCivil cases

Tenants and housing providers or landlords must work together to submit their application online at ilrpp.ihda.org.

Los inquilinos y los propietarios/proveedores de la vivienda deben trabajar en conj unto para presentar su solicitud en linea en ilrpp.ihda.org

CRITICAL

Applies to

Application for fee waiver

A civil fee-waiver application must be e-filed unless the Court excuses e-filing.

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

Document requiring statutory filing fee

A document requiring a statutory filing fee must be filed electronically in the same manner as any other e-file document.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICAL

Applies to

Application for waiver of court fees

A civil fee-waiver application must be e-filed unless the Court excuses e-filing.

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

Documents in confidential impounded or sealed cases

Documents in confidential, impounded, or sealed cases must be filed conventionally with the Clerk’s office.

All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk's office for filing.

CRITICAL

Applies to

Bulk filing combined into one pdf

Bulk filings combining multiple cases or multiple documents in one PDF must not be accepted in civil or criminal cases.

Bulk filings of multiple cases or multiple documents combined into one PDF document in civil or criminal case types shall not be accepted.

CRITICAL

Users must register with the Clerk and authorized vendor before e-filing; attorney and Justice Community User registration must follow the stated requirements.

Prior to filing any document electronically, users are required to register with the Clerk of Court and the Court's authorized e-filing vendor. 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. All other Justice Community Users shall be registered upon confirmation of authorization by the Clerk.

CRITICAL

Other Justice Community Users must be registered after the Clerk confirms their authorization.

All other Justice Community Users shall be registered upon confirmation of authorization by the Clerk.

CRITICAL

Applies to

Motion for leave to file under seal

A party seeking to file a document under seal without a prior court order must electronically file a motion for leave to do so.

A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.

CRITICAL

Applies to

Application for waiver of court fees

Persons exempt from e-filing may file fee-waiver applications by U.S. Mail, commercial carrier, or in person.

Forms of Application for Waiver of Court Fees by persons who are exempt from e-filing under Supreme Court Rule 9(c) may be filed by U.S. Mail, third-party commercial carrier, in person, as provided in Supreme Court Rule 298;

CRITICAL

Applies to

Documents in confidential impounded or sealed cases

All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk’s office for filing.

All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk’s office for filing.

CRITICAL

Applies to

Items not conducive to electronic filing

Items unsuitable for electronic filing, including sealed documents and physical exhibits that cannot be adequately imaged, must be filed physically at the Clerk’s Office or courtroom as directed by court order.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s Office or in the Courtroom, as directed by order of the court and in conformity with Supreme Court “Electronic Filing Standards and Principles.”

CRITICAL

Applies to

Proof of insurance

Proof of insurance may be submitted by email or fax.

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.

CRITICAL

Applies to

Bulk filing

Bulk filings combining multiple cases or multiple documents into one PDF will not be accepted in civil or criminal cases.

Bulk filings of multiple cases or multiple documents combined into one PDF document in civil or criminal case types shall not be accepted.

CRITICAL

Applies to

Electronically filed document

Documents with signatures of multiple persons or third parties may be electronically filed with facsimile or typographical signatures, and the filing party or attorney must confirm approval from required nonparty or nonregistered signatories.

Documents containing signatures of one or more persons or third parties may be filed electronically and shall bear a facsimile or typographical signature. The filing party or attorney must confirm approval of all persons not a party to the case or non-registered persons (including paralegals or other persons authorized to act on behalf of a registered user) required to sign the document.

CRITICAL

Applies to

Electronically filed document

Before filing, original signatures must be obtained from all non-electronic filers, 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.

CRITICAL

Users must register with both the Clerk of Court and the authorized e-filing vendor before electronically filing any document.

Prior to filing any document electronically, users are required to register with the Clerk of Court and the Court’s authorized e-filing vendor.

CRITICAL

Wills and other testamentary documents, exhibits, and documents filed directly with the judge, such as proposed orders, are not accepted for electronic filing.

Wills or other testamentary documents, exhibits, or documents that are filed directly with the judge (e.g. proposed orders) shall not be accepted for filing electronically.

CRITICAL

Electronic filing is authorized for civil and criminal cases, except wills, sealed cases, and impounded cases.

This Court hereby authorizes all civil and criminal cases with the exception of WI (Wills), sealed and impounded cases as permissible electronic filing case types.

CRITICAL

The Clerk of the Court must reject any unapproved document type submitted electronically by a Subscriber.

Any unapproved document type filed electronically by a Subscriber shall be rejected by the Clerk of the Court.

CRITICAL

The Circuit Clerk must capture and maintain judges’ and other necessary electronic signatures, protect them with internal security measures, and use security tokens and encrypted passwords to authenticate their use.

All judges’ and other necessary electronic signatures shall be captured and maintained by the Circuit Clerk. Each signature shall be protected by internal system security measures and use security tokens and encrypted passwords to authenticate the use of the e-signature.

CRITICAL

Applies to

Motion for leave to file under seal

The motion for leave to file under seal must be filed electronically when the party has a legal basis to file under seal without a prior court order.

A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.

CRITICAL

Applies to

Document requiring statutory filing fee

A document requiring a statutory filing fee for valid filing status must be filed electronically in the same manner as any other e-filed document.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICAL

Applies to

Documents with different case numbers

Documents bearing different civil or criminal case numbers must be filed individually in separate transactions.

Documents with different civil or criminal case numbers must be filed individually in separate transactions.

CRITICAL

Conventional filing must remain available, and the e-filing program must not prevent filing a valid pleading with the Clerk.

The Clerk shall allow the filing of a document or pleading using the conventional manner of filing. At no time shall the e-filing program prevent or exclude the ability to file any valid pleading with the Clerk.

CRITICAL

The Clerk must accept and approve electronic filings submitted through a vendor or the Clerk’s workstation.

The Clerk shall accept and approve filings electronically through a vendor or through the Clerk’s computer workstation.

WARNING

Applies to

Notice of appeal or post judgment enforcement proceeding document

Notices of appeal and post-judgment enforcement proceeding documents may be electronically filed and served in accordance with Supreme Court Rules.

Any notice of appeal and post judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.

WARNING

Papers may be filed in person, by U.S. mail, by courier, or electronically, subject to these Rules.

Any paper to be filed in any cause or proceeding may be filed in person, by United States mail, by courier, or electronically as provided in these Rules.

WARNING

Applies to

Individual documents within one case

Individual documents within a civil or criminal case should be accepted in a single electronic filing transaction.

Filing of individual documents within a civil or criminal case should be accepted in a single electronic filing transaction.

WARNING

The vendor must send the subscriber a confirmation showing the receipt date and time as proof of submission, and the subscriber will be emailed if the Clerk rejects the document.

Upon receipt by the vendor, and submission of an electronic document to the Clerk, the vendor shall issue a confirmation to the subscriber. The confirmation shall indicate the time and date of receipt, and serve as proof that the document has been submitted to the Clerk. A subscriber will receive e-mail notification from the vendor if a document is not accepted by the Clerk's office.