18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICALCivil cases

Applies to

Pleading

If the GAL wishes to support or oppose any relief sought by the movant, a proper pleading must be filed which advances the GAL’s position.

If the GAL wishes to support or oppose any relief sought by the movant, a proper pleading must be filed which advances the GAL’s position.

CRITICAL

Applies to

Electronically filed document

Filing parties and counsel must ensure electronic filings do not reveal sealed, impounded, or private information.

It is the responsibility of the filing party or counsel to ensure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or private information defined in Supreme Court Rules 15 and 138.

CRITICAL

Applies to

Judgment order

After a finding of guilt, the Court must enter a written judgment order disposing of the case under the Unified Code of Corrections.

After the jury or the Court finds a defendant guilty of any criminal or quasi-criminal offense, the Court shall enter a written order disposing of the case in accordance with the Unified Code of Corrections (730 ILCS 5/5-1-1 et seq.).

CRITICAL

Applies to

Settlement approval order

The settlement approval order must provide for distribution of funds and require filing of receipt vouchers with the Court within a prescribed time.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers, which evidence receipt of any portion of the fund, with the Court within a time prescribed by the Court.

CRITICAL

Applies to

Conditional discharge order

A Conditional Discharge order must be completed and signed by both the judge and the defendant.

When the Court enters a sentence of Conditional Discharge under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the order shall be completed and signed by the judge and defendant.

CRITICAL

Applies to

Appearance

Attorneys must file an appearance with the Clerk before addressing the Court on behalf of any represented party.

All attorneys shall file an appearance with the Clerk before addressing the Court on behalf of any represented party.

CRITICALCivil cases

Applies to

Withdrawal petition

A petition to withdraw funds from a minor's or ward's account must be in writing and state the account balance, the minor's annual income, the amount and purpose of the withdrawal, and the amount of the last authorized withdrawal for the same purpose.

(p) A petition for withdrawal from said account for a ward or for a minor prior to the minor reaching the age of majority shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor, the amount and purpose for the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

CRITICAL

Applies to

Mediation report

On or before the status date, the Program shall submit a Mediation Report to the Court and provide copies to the parties and their legal counsel, CASA and/or the Guardian ad Litem, if applicable.

On or before the status date, the Program shall submit a Mediation Report to the Court and provide copies to the parties and their legal counsel, CASA and/or the Guardian ad Litem, if applicable.

CRITICAL

Applies to

Affidavit of venue

Parties, other than the Illinois Department of Healthcare and Family Services, must sign an Affidavit of Venue confirming venue in DuPage County is proper.

The parties, other than the Illinois Department of Healthcare and Family Services, must sign an Affidavit of Venue to confirm that venue in DuPage County is proper.

CRITICAL

Applies to

Inventory

Each inventory and amended or supplemental inventory must be presented to the judge for filing and approval.

Each inventory and amended or supplemental inventory shall be presented to the judge for filing and approval.

CRITICAL

Applies to

Mediation agreement

Mediated agreements are not binding unless the Court enters them as an order as presented by the parties.

Mediated agreements are not binding unless entered as an order of the Court as presented by the parties to the case.

CRITICAL

Applies to

Motion

Motions must identify the Code of Criminal Procedure section and/or Supreme Court Rule number for each basis.

Every motion, and each basis in the motion, brought pursuant to the Code of Criminal Procedure or Supreme Court Rule shall be identified by the Code of Criminal Procedure section and/or the Supreme Court Rule number under which it is brought.

CRITICAL

Applies to

Mediation referral order

The Mediation Referral Order must include instructions on mediation logistics, post-agreement procedure, and post-no-agreement procedure requiring parties to return to court for STATUS or TRIAL.

The Court’s Mediation Referral Order for the Program shall include: (i) Instructions as to where, when, and how the mediation will be expected to proceed and what each side should do to prepare for the same; (ii) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (iii) Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the referral order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the referral order is for “TRIAL”).

CRITICAL

Applies to

Motion

An employer moving to vacate a conditional judgment must file its answer together with the motion to vacate.

When an employer seeks to vacate a conditional judgment, the employer shall file an answer at the time the employer files the employer’s motion to vacate, and must send Notice of Motion, together with the employer’s answer and motion to vacate the conditional judgment, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

CRITICAL

Applies to

Petition to invest wards property

A petition to invest a ward's property must identify the investment category under the Probate Act, state compliance with applicable limitations, and disclose any self-dealing purchase.

A petition of a plenary guardian or guardian of the estate to invest the ward's property shall identify the category of investment under 755 ILCS 5/21-2.01 through 5/21-2.14 in which the proposed investment falls and shall state that the proposed investment complies with the limitations applicable to that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm or corporation in which the guardian or conservator has an interest or of which the guardian or conservator is an officer or director, the petition shall so state.

CRITICALCriminal cases

Applies to

Summons

A summons issued instead of an arrest warrant must comply with 725 ILCS 5/107-11 and be issued on the approved form.

Every summons issued in lieu of a warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-11 of the Code of Criminal Procedure and shall be issued on the appropriate approved form.

CRITICAL

Applies to

Order of supervision

Orders of supervision must set forth terms, conditions, and reporting requirements, and the original plus three copies must be distributed to the clerk, defendant, prosecutor, and probation/psychological services; this does not apply to Traffic Division cases.

When the Court enters an order of supervision as defined in the Code of Criminal Procedure (730 ILCS 5/5-1-21), the Court shall enter an order setting forth the terms, conditions, and reporting requirements of the supervision. The order of supervision and three (3) copies shall be distributed as follows: (1) Original to the Clerk for filing in the court file; (2) One copy to the defendant; (3) One copy to the State’s Attorney or municipal prosecutor; and (4) One copy, where appropriate, to the Department of Probation and Court Services or to the Psychological Services Division.

CRITICAL

Applies to

Petition for ward expenditure

Petitions for guardian expenditure of a ward's estate must be in writing and state the estate's value, available annual income, and the last authorized amount for the same purpose.

A petition of a guardian to apply any part of the ward’s estate for the comfort, suitable support or education of the ward or other persons entitled to support from the ward, or for any other purpose for the best interests of the ward, shall be in writing and shall state the value of the estate at the time of presenting the petition, the annual income available to the ward, and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.

CRITICAL

Applies to

Report or pleading

The GAL must deliver to the Court, counsel, and all parties a completed Report of the GAL consenting to judgment or a pleading stating why judgment should not be entered.

No later than two (2) business days before the date scheduled for entry of Judgment, the GAL shall cause to be delivered to the Court and counsel and/or all parties, either a completed Report of the Guardian ad Litem consenting to the entry of judgment or a pleading stating why judgment should not be entered.

CRITICAL

Applies to

Petition

Petitions for standby adoption must allege the required elements for a judgment of adoption.

Petitions seeking a judgment of adoption in accordance with 750 ILCS 50/1S shall file a Petition which alleges the required elements for a judgment of adoption.

CRITICAL

Applies to

Electronically filed document

Social Security numbers and driver’s license numbers must be truncated to the last four digits.

If an individual’s social security number or driver’s license number must be included in a document, only the last four digits of the number shall be listed.

CRITICAL

Applies to

Default judgment

A party seeking a default judgment must file an affidavit of due diligence of service attempts.

A party seeking the entry of a default judgment must file an affidavit of due diligence of service attempts.

CRITICAL

Applies to

Summons

The summons must be on and approved form provided by the Clerk and substantially in the form set forth in Supreme Court Rule 101(b).

An approved summons form provided by the Clerk of the Court, substantially in the form set forth in Supreme Court Rule 101(b),

CRITICALCivil cases

Applies to

Order of discharge

If a distributee dies before receiving the full share, evidence of death and required distribution documents must be presented, and the order of discharge must so state.

If a distributee of a decedent’s estate dies after decedent’s death but before receipt of the distributee’s entire distributive share, evidence of the distributee’s death, and such other documents as may be required for the entry of an order of distribution, shall be presented and the order of discharge shall so state.

CRITICALCivil cases

Applies to

Trial memorandum

Trial memorandum must contain specified content (contested/uncontested issues, income/assets, stipulations, witnesses, trial length).

The trial memorandum shall contain a statement of contested issues, uncontested issues, list of income, assets and liabilities, stipulations on agreed matters, a list of witnesses intended to be called, and probable length of trial.

CRITICAL

Applies to

Shelter care hearing tender

At the shelter care hearing, DCFS must tender specified reports including prior indicated reports, a reasonable efforts report, a visitation plan, a Family Finding and Relative Engagement Report, and a case/service plan.

At the hearing, DCFS shall tender the following: (i) Any prior indicated reports; (ii) A reasonable efforts report; (iii) A visitation plan (to be provided within 10 days); (iv) A Family Finding and Relative Engagement Report; (v) A case/service plan (within 45 days of placement);

CRITICAL

Applies to

Settlement order

Upon settlement, plaintiff's counsel must immediately notify the judge in writing, submit the written settlement or dispositive order by the scheduled mediation conference date, and notify the mediator and program coordinator.

Upon settlement of any mediation case pending before the Court, counsel for plaintiff shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The counsel for plaintiff shall also notify the mediator and the Eviction Mediation Program Coordinator that the mediation conference will not take place as scheduled.

CRITICAL

Applies to

Appearance

Attorneys must file an appearance before addressing the Court in any civil or criminal matter.

An attorney representing a party in any civil or criminal matter shall file an appearance before addressing the Court.

CRITICAL

Applies to

Summons

The summons in small claims actions must be on an approved Clerk-provided form substantially following Supreme Court Rule 101(b).

An approved summons form provided by the Clerk of the Court, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant together with a copy of the complaint.

CRITICAL

Applies to

Notice of rejection of award

A notice of rejection of an arbitration award must state that the party rejects the award and requests a trial.

Notice is given that ________________ rejects the award of the arbitrators entered in this cause on (date), and hereby requests a trial of this action.

CRITICAL

Applies to

Electronically filed document

Financial account and debit/credit card numbers must be redacted to the last four digits.

If financial account or Debit/Credit Card numbers are relevant, only the last four digits of these numbers shall be used.

CRITICAL

Applies to

Motion

DCFS motions for temporary custody hearings must be accompanied by a reasonable efforts affidavit.

Any motion for a temporary custody hearing filed by the Department of Children and Family Services in the case of an alleged abused, neglected or dependent minor, must be accompanied by an affidavit signed by a representative of the Department of Children and Family Services setting forth the efforts taken by the Department of Children and Family Services to prevent or eliminate the necessity of removal of the minor from his or her home. This affidavit shall be attached to the motion.

CRITICALCivil cases

Applies to

Rule to show cause

A Rule to Show Cause issues only upon proper Notice and Motion and a prima facie showing of contempt by verified pleading.

No Rule to Show Cause shall issue except upon proper Notice and Motion, and except upon a prima facie showing of contempt by verified pleading.

CRITICAL

Applies to

Motion

Each motion and every basis in it must identify the Code of Criminal Procedure section and/or Supreme Court Rule number under which it is brought.

Every motion, and each basis in the motion, brought pursuant to the Code of Criminal Procedure or Supreme Court Rule shall be identified by the Code of Criminal Procedure section and/or the Supreme Court Rule number under which it is brought.

CRITICAL

Applies to

Notarized affidavit

Both parties must sign and submit a notarized affidavit containing eleven enumerated acknowledgments and waivers for the agreed final judgment package.

The parties shall both sign and submit a notarized affidavit containing the following: (i) Agreement that the Court has both personal and subject matter jurisdiction. (ii) Stipulation as to the grounds and description of grounds. (iii) Review of the Agreement in its entirety by the parties. (iv) Number of children born or adopted by the parties, emancipation of those children if appropriate, and the parties present conditions as to pregnancy. (v) An understanding of the terms of the Agreement and intent to be bound by them by the parties and that no one was coerced to sign the same. (vi) Entry into the Agreement freely and voluntarily by the parties. (vii) A belief that the Agreement is a fair and equitable division of the marital estate. (viii) Waiver of appearance at a prove-up by the parties. (ix) Waiver of a transcript from a prove-up by the parties. (x) If either side is a self-represented litigant, it should indicate their acknowledgment that they are not represented by opposing counsel and that they have had/waived the opportunity to confer with outside counsel prior to signing the Agreement. (xi) The parties desire that the Court approve their Agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution.

CRITICAL

Applies to

Probation certificate

When imposing probation, the Court must set out the terms and conditions on the pre-printed approved Probation Certificate form.

When the Court imposes a sentence of probation under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the Court shall set forth on a pre-printed approved Probation Certificate form the terms and conditions of the probation.

CRITICAL

Applies to

Marital settlement agreement

Child support and maintenance calculations must reference statute and/or specify deviation basis; disproportionate marital property distribution must be explained in the Marital Settlement Agreement.

With respect to the Marital Settlement Agreement, setting of child support and maintenance shall 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. Disproportionate distribution of marital property (assets and liabilities), if any, shall also be explained.

CRITICALCivil cases

Applies to

Account

A guardian's or temporary guardian's account must disclose any known pending suit or proceeding by or against the estate or its representative.

An account of a guardian or temporary guardian shall disclose pendency of any suit or proceeding, if known, by or against the estate or representative of the estate.

CRITICALCivil cases

Applies to

Biennial report

For disabled adult wards, the Guardian of the Person must file a biennial report on the ward's condition, with the first report due within 12 months of appointment; the Court may extend the period.

In all estates wherein the ward is a disabled adult, the Guardian of the Person shall provide the Court with a biennial report (one report every two years) concerning the condition of the person of the ward, except that the first report after appointment of the Guardian of the Person shall be within twelve (12) months of the entry of the initial order appointing the Guardian. Upon its own motion or at the request of the Guardian, the Court may extend the reporting period to such time as the Court deems appropriate.

CRITICAL

Applies to

Complaint

A summons or warrant of arrest may issue only upon a complaint presented on the form approved by the Chief Judge.

A summons or warrant of arrest shall issue only upon a complaint presented on the appropriate form approved by the Chief Judge.

CRITICAL

Applies to

Proof of service

Must include

certificate of service

The proof of service for discovery documents must contain the case title and number, date of service, sending and receiving parties, and identify the particular document served.

Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered.

CRITICAL

Applies to

Adoption consent

Adoption consents must be general in nature and substantially follow the statutory form unless 750 ILCS 50/10(O) applies.

All consents not governed by 750 ILCS 50/10(O) (Consent to Adoption in a proceeding under the Juvenile Court Act of 1987), shall be general in nature and be in a form substantially similar to that as provided by statute.

CRITICAL

Applies to

Complaint and summons

The complaint and every summons in an Article 13 case must state “THIS IS AN ARBITRATION CASE” in upper case in the upper right-hand corner.

The complaint and all summonses shall state in upper case letters on the upper right-hand corner: “THIS IS AN ARBITRATION CASE.”

CRITICAL

Applies to

Motion for preliminary approval

A Motion for Preliminary Approval of a class action must have an Introduction Section on its first page reciting enumerated items including jurisdiction, class size, settlement terms, notice plan, and proposed deadlines.

To present a Motion for Preliminary Approval, the first page of such motion as an Introduction Section, shall recite: (i) a brief description of the occurrence giving rise to the cause of action, including the basis for jurisdiction and venue; (ii) the potential class size; (iii) whether the settlement is a claims-made or an opt-out settlement for the class; (iv) the total settlement fund along with an cy pres recipient or reversion of the fund; (v) the amount each class member will receive from the settlement or the anticipated pro rata share; (vi) any injunctive relief and brief analysis as to value or benefit of said injunctive relief to the class or potential future class members; (vii) any specific details as to value of any coupons or vouchers; (viii) settlement administrator information, qualifications, and anticipated cost; (ix) exact specification for how notice will be disseminated to the class; and (x) proposed deadlines with at least fourteen (14) days between the date the motion for attorney's fees is filed and the deadline for objecting to the settlement.

CRITICALCivil cases

Applies to

Agreed order

Attorneys or parties must submit an agreed order striking all future court dates assigned by the clerk.

The attorneys or parties shall also submit an agreed order striking all such future dates.

CRITICAL

Applies to

Notice

Must include

caption, certificate of service

Eviction cases filed after September 20, 2021 must include a notice of the eviction mediation program in substantially the specified form, with the case caption, certificate of service, and notice of filing.

Cases filed after September 20, 2021 are required to provide notice of the eviction mediation program, notice is to be provided in substantially the following form, in a document which includes the caption for the case and otherwise conforms with all other requirements for pleadings filed in this Court (including a certificate of service and notice of filing):

CRITICALCivil cases

Applies to

Petition for probate

Petitions for probate of handwritten wills must include a typewritten copy and an affidavit attesting to its correctness.

With a petition for probate of a handwritten will, in addition to a facsimile thereof, petitioner shall file a typewritten copy of the will and an affidavit of the petitioner or the petitioner's attorney that, to the best of their knowledge, the typewritten copy is correct.

CRITICAL

Applies to

Marital settlement agreement

The Marital Settlement Agreement must address statutory support/maintenance calculations and any deviations or waivers, and explain disproportionate property divisions.

With respect to the Marital Settlement Agreement, setting of child support and maintenance shall 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. Disproportionate distribution of marital property (assets and liabilities), if any, shall also be explained.

CRITICAL

Applies to

Prove up

Prove-up requires the Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment, Child Support Calculation, Certificates of Completion of Caring and Coping Class, and Certificate of Dissolution.

The necessary prove-up documents are: (1) Judgment of Dissolution (2) Marital Settlement Agreement (3) Final Allocation Judgment – Allocation of Parental Responsibilities and Parenting Plan (if applicable) (4) Child Support Calculation (if applicable) (5) Certificates of Completion of Caring and Coping Class (if applicable) (6) Certificate of Dissolution

CRITICALCivil cases

Applies to

Account

When presenting an account, the guardian or conservator must establish to the judge's satisfaction that the stated assets exist.

At the time of presenting an account, the guardian, conservator or conservator to collect shall establish to the judge’s satisfaction the existence of the assets stated.