18th Judicial Circuit Court, DuPage County Document Filing Requirements

Applies to

Exhibit

Exhibits filed separately from associated documents due to size limits must include DuPage Exhibit Cover Sheet (Form 4393), or may be rejected.

Any documents or exhibits filed separately from their associated pleading, motion, or document due to size limitations, even if (filed in the same transaction), shall be filed with the DuPage Exhibit Cover Sheet, Form 4393. Exhibits tendered without the appropriate cover sheet may be rejected for filing.

Applies to

Electronic document

E-filed documents must include typed name, email, address, and phone number of the filer; attorneys must include DuPage County Attorney Number.

Each electronically filed document shall also include the typed name, email address, address, and telephone number of the attorney or pro se party filing such document. Attorneys shall include their DuPage County Attorney Number on all documents.

Applies to

Motion for substitution of judge for cause

A Motion for Substitution of Judge for Cause must be filed with a supporting affidavit and submitted to the judge from whom substitution is sought.

All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

Applies to

Pleading appearance order

The first pleading, all subsequent documents, and orders must contain the filing attorney's (or pro se party's) name, address, and telephone number, and attorneys must include their identification number.

The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include on this an attorney identification number.

Applies to

Appearance

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

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

Applies to

Motion

Motions for temporary custody hearings by DCFS must include an affidavit detailing reasonable efforts to prevent removal.

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.

Applies to

Filings

Attorneys must include their DuPage attorney registration identification number on any filings.

provide their DuPage attorney registration identification number on any filings (i.e., Local Rule 1.25).

Applies to

Exhibits

Separately filed exhibits, even in the same transaction, must be submitted with the DuPage Exhibit Cover Sheet (Form 4393) or risk rejection.

Any documents or exhibits which are filed separately from their associated pleading, motion, or document due to size limitations, even if filed in the same transaction, shall be filed with the DuPage Exhibit Cover Sheet, Form 4393. Exhibits tendered without the appropriate cover sheet may be rejected or filing.

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.

Applies to

Motion for leave to file under seal

A motion for leave the file under seal must explain the legal basis and cannot attach the proposed sealed document.

The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question may not be attached to the motion as an attachment.

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.

Applies to

Electronically filed document

Only a minor’s initials may be used, unless the a minor is a named party, in which case the full name may be used unless the court orders otherwise.

If the involvement of teen tells minor child must be mentioned, only the initials of that child’s name shall be used. However, if the minor child is a named party to the action, the full name of the minor shall be used, absent leave of Court.

Applies to

Electronically filed document

Dates of birth in filed documents must be redacted to only the year.

If an individual’s date of birth must be included in a document, only the year shall be used.

Applies to

Electronically filed document

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

If financial account numbers or debit/credit card numbers are relevant, only the last four digits of these numbers shall be used.

Applies to

Proof of service

Must include

caption, case number, certificate of service

A proof of service for discovery documents must state the case title and number, the date of mailing or personal service, the sending and receiving parties, and identify the precise discovery document served or answered.

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.

Applies to

Verified petition

To settle a claim involving a minor or ward, an executed verified petition must be filed by the legal representative reciting the specified five categories of information.

(a) To settle a cause of action for personal injuries sustained by a minor or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence. A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph 4 upon good cause shown. (5) The petition shall contain a statement by the petitioner or the attorney for the petitioner as to the fairness of the offer and a recommendation as to whether the offer should be approved or rejected.

Applies to

Settlement approval order

The approval order must include terms addressed to distribution of the settlement funds and require that vouchers of receipt of funds be filed with the Court within a time set by the Court.

(f) 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. Any time so prescribed by the Court.

Applies to

Voucher

The financial institution voucher must acknowledge receipt of the funds and the Court's approval order, and for minor settlements must include the specific language starting 'No withdrawals shall be'.

The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the Court approving settlement, and for minor’s settlements, shall include the express language that “No withdrawals shall be

Applies to

Voucher

Vouchers for minor's settlements must include express language restricting withdrawals until the minor reaches the age of majority.

made from this account, unless authorized by order of Court, at any time prior to (date upon which the minor will reach the age of majority).”

Applies to

Voucher

Vouchers for ward's settlements must include express language restricting withdrawals until the ward no longer has a guardian.

For ward’s settlements, the vouchers shall include the express language that “No withdrawals shall be made from this account, unless authorized by order of Court until such time as the ward no longer has a guardian.”

Applies to

Order approving settlement

The order approving settlement must appoint a guardian for the minor's estate and require a bond; the bond may be canceled after the voucher and order are filed, and the surety may be waived in the minor's best interests, in which case the minor's attorney is personally responsible for depositing the funds.

(i) The order entered approving settlement shall provide for the appointment of a guardian for the minor’s estate and shall require the appointed guardian to file a bond pending proper deposit of the minor’s funds in the financial institution approved by the Court. Upon the filing of the voucher from the financial institution acknowledging receipt of the funds and a copy of the order approving settlement, the bond may be canceled. The requirement of a surety on the bond to be filed by the guardian of the minor’s estate may be waived when the Court finds it is in the best interests of the minor’s estate. In such instances, the attorney representing the interests of the minor shall have personal responsibility for depositing the funds in the approved financial institution in accordance with the order entered.

Applies to

Stipulation dismissal

A stipulation dismissing the cause of action must be filed together with the financial institution's voucher acknowledging receipt of the funds.

(j) A stipulation dismissing the cause of action shall be filed with the filing of the voucher from the financial institution acknowledging receipt of the funds.

Applies to

Structured settlement agreement

Structured settlement annuity providers must hold a current Best's Insurance Guide rating of 'A' or better.

(k) Where the agreement involves a structured settlement, the company providing the annuity shall be one which holds a current rating of “A” or better by Best’s Insurance Guide.

Applies to

Petition for approval

A petition for approval of a wrongful death or survival settlement must recite six specified items, including descriptions of the occurrence and injuries, attorney assessment of fairness, damages breakdown, fee and disbursement list, and probate action status.

10.02 SETTLEMENT IN A WRONGFUL DEATH AND/OR SURVIVAL ACTION (a) To settle a cause of action on behalf of a decedent for personal injuries and/or for the wrongful death of a person, the representative of the decedent’s estate shall file in the court a petition for approval of the settlement of the cause of action. A petition for approval shall recite: (1) A brief description of the occurrence giving rise to the cause of action; (2) A brief description of the injuries sustained and/or facts giving rise to the cause of death of the decedent; (3) A brief assessment by the attorney based upon the facts and the law that the proposed settlement is fair and reasonable; (4) A breakdown and percentage of proposed wrongful death, pecuniary loss, and survival damages along with factual bases to support said proposal; (5) A list of fees, expenses, lien distribution, and overall disbursement to the heirs and estate; (6) A statement as to whether a probate action is pending DuPage County or some other county;

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.

Applies to

Settlement petition

The settlement petition must include affidavits from the representative and/or heirs agreeing to the settlement or an indication that a dependency hearing is required.

(7) Affidavits from the representative and/or heirs acknowledging and agreeing to the settlement or indication that a dependency hearing is required;

Applies to

Settlement petition

Must include

proposed order

The settlement petition must include a proposed order approving the settlement, fees, expenses, liens, and disbursements to the heirs and estate.

(8) A proposed order approving of the settlement, fees, expenses, liens, and disbursements to the heirs and estate.

Applies to

Civil surety bond

Bonds executed by a civil surety are approved only if the surety's current certified license is on file with the Clerk and a verified power of attorney or certificate of authority for each authorized bond signer is attached.

Bond with a civil surety will be approved only if a current, certified copy of the surety’s license (issued under the Illinois Insurance Code or the Illinois Bail Bond Act) is on file with the Clerk of the Circuit Court, and a verified power of attorney or certificate of authority for each person authorized to execute bonds for the surety is attached to the bond.

Applies to

Petition for surety authorization

A civil surety seeking authorization must file a verified petition stating compliance with all laws, with attachments including the license, asset/liability statement, powers of attorney, and schedules of pending and undischarged claims.

To obtain authorization to act as a civil surety in the Court, the applicant shall file a verified petition for Authorization stating that the petitioner has complied with all applicable laws and regulations. There shall also be attached to the petition: (1) A certified copy of the surety-license issued to the company, attested by the Director of Insurance; (2) A verified statement of its assets and liabilities at the close of business on the 31st day of December of the preceding year or at any subsequent date prior to the filing of the petition; (3) Power of attorney or certificates of authority for all persons authorized to issue bonds for the company in the Court, in a form approved by the Court; (4) A verified schedule of all actions pending in any court against the company at the time of the filing of the petition upon bonds executed by it in the courts of record in this state; the schedule must state the title and number of the action, the names of the attorneys of record, the amount claimed, the nature of the claim, and the reasons for contesting the claim; and (5) A verified schedule of all claims of liability, not the subject of any pending action, which have been or are now made against the company and are undischarged at the time of the filing of the petition upon other bonds executed by the company in the court of record in this State; the schedule must state the name of the claimant, the amount claimed, the nature of the claim, and the reasons for contesting the claim.

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.”

Applies to

Motion

A motion to change an arbitration hearing date must be verified, state the reason in concise terms, and comply with Supreme Court Rule 137.

The motion shall be verified, contain a concise statement of the reason for the change of hearing date, and be subject to Supreme Court Rule 137.

Applies to

Notice of rejection of award

Must include

caption, case number

A notice of rejection of award must be in the prescribed form, state that the party rejects the arbitrators' award, and request 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.

Applies to

Eviction mediation notice

Must include

caption, certificate of service, notice of electronic filing

Residential eviction cases filed after September 20, 2021 must include a mediation program notice in the required form, with the case caption, a certificate of service, and a 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):

Applies to

Mediation referral order

The Court’s Mediation Referral Order must include mediation logistics and preparation instructions, instructions for proceeding if agreement is reached, and instructions for proceeding if no agreement is reached, including a return-court date for STATUS or TRIAL.

(j) The Court’s Mediation Referral Order 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 order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the order is for “TRIAL”).

Applies to

Default judgment

A party seeking 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.

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”).

Applies to

Mediation agreement

Must include

proposed order

Any mediation settlement agreement must be in writing, signed by the parties or their agents, presented to the Court for entry as an order, and is not binding until the Court enters it.

If an agreement is reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation. It is then the responsibility of the parties to present their agreement to the Court to enter as an Order at the status/trial date. Mediated agreements are not binding unless entered as an order of the Court as presented by the parties to the case.

Applies to

Mediation report

The mediator and Program must immediately provide a written Mediation Report to the Court if mediation is suspended or terminated or if any party fails to comply with mediation terms.

The mediator shall immediately advise the Program and the Program shall immediately inform the Court in writing via a Mediation Report if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of mediation.

Applies to

Mediation report

The Mediation Report must not contain assessments, recommendations, findings, or other communications about the mediation; a mediator may only disclose whether mediation occurred or terminated, whether a settlement was reached, and attendance.

Pursuant to 710 ILCS 35/7(a), a Mediator assigned to a case hereunder “may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation” but a mediator may disclose, under 710 ILCS 35/7(b)(1), “whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.”

Applies to

Mediation referral order

The Mediation Referral Order must include the Program's contact information, mediation instructions, and instructions for proceeding with or without an agreement, including a return-court date for STATUS or TRIAL.

The Court’s Mediation Referral Order for the Program shall include: (i) The Program’s contact information. (ii) 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; (iii) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (iv) 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”).

Applies to

Settlement agreement

Any settlement reached during small claims mediation must be put in writing and signed by the parties or their agents before the mediation concludes.

If an agreement is reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation.

Applies to

Settlement agreement

Must include

proposed order

Parties must present a mediated settlement agreement to the Court for entry as an order, and the agreement is not binding until so entered.

It is then the responsibility of the parties to present their agreement to the Court to enter as an Order on the status/trial date. Mediated agreements are not binding unless entered as a Court order as presented by the parties to the case.

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.).

Applies to

Affidavit of venue

Parties must sign an Affidavit of Venue to confirm venue.

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.

Applies to

Prove up

Prove-up requires specific documents: Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment, Child Support Calculation, Certificates of Completion, 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

Applies to

Petition

Petitions and motions must recite the statutory or case law basis for the relief sought, or they may be stricken.

All petitions and motions shall include a recitation of the statutory or case law basis for said relief. Filings that fail to comply with this requirement may be stricken on the court's motion.

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.

Applies to

Pre trial memorandum

Pre-trial memorandum must include specified content (attorney info, party info, children info, assets, etc.).

Whenever practical, both counsel shall prepare a written joint pre-trial memorandum. Absent such a joint memorandum, each counsel shall prepare a pre-t-trial memorandum that must include the following: (1) Attorneys names, addresses and phone numbers; (2) Parties’ names, ages, education levels, employment, health; (3) Children’s names, ages, school information, special needs; (4) Assets, debts, and liabilities; including values and characterization of marital vs. non-marital; (5) Notice of Claim of Dissipation of Marital Assets, if any; (6) Statement of areas of agreement; (7) Statement of areas of disagreement; and (8) Suggestions for settlement.

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.

Applies to

Judgment

Judgment orders requiring money payments (other than child support/maintenance) must be titled 'Judgment for Dissolution and Money Judgment'.

When a Judgment resolving a domestic relations matter requires the payment of an amount of money for reasons other than child support or maintenance, the Judgment order shall be entitled Judgment for Dissolution and Money Judgment.

Applies to

Allocation judgment parenting plan

Allocation Judgment/Parenting Plan may enter as Agreed Order if signed by both parties, and must include all mandatory clauses (e.g., mediation provision).

The Allocation Judgment/Parenting Plan may enter as an Agreed Order following review as presumed to be in the best interest of the minor children if signed by both parties. All mandatory clauses shall be included within the Plan (e.g., mediation provision).

Applies to

Marital settlement agreement

Marital Settlement Agreement must reference statutory calculation for child support and maintenance, specify basis for deviation/waiver/reservation, and explain any disproportionate distribution of marital property.

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.

Applies to

Affidavit

Parties must sign and submit a notarized affidavit containing 14 specific items regarding jurisdiction, grounds, review, children, understanding, voluntariness, fairness, waivers, and other matters.

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. (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice.

Applies to

Final judgment

Final judgment must include proof of completion of parenting class by both parties where applicable.

(xv) Proof of completion of parenting class where applicable by both parties.

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.

Applies to

Withholding order

Maintenance/support payments require an order of withholding using the Clerk's approved form; if payments go through the Clerk, the withholding order must be accompanied by the Clerk's child support order form.

Maintenance or support payments shall be made by an order of withholding upon a separate order of court providing therefore, using the approved form furnished by the Clerk’s office. If payments are through the Clerk of the Circuit Court, said withholding order shall be accompanied by the Clerk’s form child support order.

Applies to

Order

Orders for maintenance or support payments must be presented to the Court in duplicate.

Orders for maintenance or support payments shall be presented to the Court in duplicate.

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.

Applies to

Petition for probate

Petitions for probate of non-English wills must include a certified translation by a qualified translator.

With a petition for probate of a will in language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

Applies to

Petition for expenditure

Petitions for expenditure for a ward must be in writing and state the estate value, annual income, and last authorization amount.

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.

Applies to

Investment petition

Investment petitions must identify the investment category under 755 ILCS 5/21-2.01 through 5/21-2.14, state compliance with applicable limitations, and disclose any conflict of interest.

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.

Applies to

Inventory

Each inventory must classify personal estate items as good, doubtful, or desperate, and state total value, annual real estate income, and bond amount and type.

Each inventory shall designate each item of personal estate other than cash and goods and chattels as "good," "doubtful," or "desperate," and state the approximate total value of the decedent's personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

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.

Applies to

Amended inventory

Amended or supplemental inventories must be filed and approved by a judge when property was erroneously described, assets were improperly included or excluded, or additional assets were received.

An amended or supplemental inventory shall be filed and approved by a judge if: (1) Real or personal property has been erroneously described in a prior inventory; (2) Assets have been improperly included in or excluded from a prior inventory; or (3) Additional assets have been received by the representative or have come to the

Applies to

Account

Each guardian, executor, or administrator must present an annual report or account; the first filing is due approximately one year from the issuance of letters (status date), and thereafter as ordered by the Court.

Each guardian and each executor or administrator of an estate shall present an annual report or account of his/her administration. The date for the first filing of such accounts shall be approximately one (1) year from the issuance of letters otherwise known as the 'status date.' Thereafter, accounts shall be filed as ordered by the Court.

Applies to

Notice

The notice accompanying an account must contain substantially the stated sentence about the account being binding upon approval.

substantially the following sentence: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”

Applies to

Order of discharge

A representative may not be discharged until an Order of Discharge in the Court-prescribed form is entered.

A representative shall not be discharged until the entry of an Order of Discharge in the form prescribed by the Court.

Applies to

Account

A guardian's or temporary guardian's account must state the ward's physical location and physical and mental condition.

An account of a guardian or temporary guardian shall state the physical location of the ward and the ward’s physical and mental condition.

Applies to

Account

A guardian's account must state the ward's physical location and the fact of school attendance or occupation.

An account of a guardian shall state the physical location of the ward and the fact of attendance at school or occupation.

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.

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.

Applies to

Final settlement

On final settlement, the guardian is not discharged unless the ward appears and acknowledges the settlement, unless the Court waives attendance based on affidavit or other evidence.

On the final settlement of a ward’s estate, if the person entitled to the estate is the ward, the guardian will not be discharged unless the ward appears in court and acknowledges the settlement. The personal attendance of the ward and the ward’s acknowledgment of the settlement may be waived, however, if the Court is satisfied, by affidavit of the ward or by other evidence, that the final settlement is correct, that the ward is in possession of all of the ward’s estate, and that the personal attendance of the ward is impracticable.

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.

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.

Applies to

Annual accounting

For disabled adult wards, the Guardian of the Estate must file an annual accounting of the ward's finances; the Court may extend or excuse it.

In all estates wherein the ward is a disabled adult, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the Ward. Upon its own motion or at the request of the Guardian, the Court may extend or excuse the annual accounting as the Court deems appropriate.

Applies to

Biennial report

For minor 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 it.

In all guardianship cases wherein the ward is a minor, 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 annual or biennial report to such time as the Court deems appropriate.

Applies to

Annual accounting

For minor wards, the Guardian of the Estate must file an annual accounting of the ward's finances; the Court may extend or excuse it.

In all guardianship cases where the ward is a minor, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the ward. Upon its own motion or at the request of the Guardian of the Estate, the Court may extend or excuse the annual accounting as the Court deems appropriate.

Applies to

Motion

Every Routine Motion must be accompanied by a Notice of Motion stating the matter is to be heard on the Routine Motion Call and containing the desired order entry date.

(e) To facilitate the Court’s business, every Routine Motion should be accompanied by a Notice of Motion, regardless of whether notice is required, stating that the matter is to be heard on the Routine Motion Call and containing the date that counsel wishes to have the order entered.

Applies to

Appearance

The Guardian ad Litem must file an appearance within 14 days of appointment.

In all cases, the Guardian shall file an appearance as Guardian ad Litem for the adoptee within 14 days of appointment.

Applies to

Affidavit

Counsel for Petitioners must deliver a completed affidavit from each Petitioner with background, medical history, religious background, and demographic information when the GAL is appointed as investigator.

In adoptions where the GAL is appointed as investigator, counsel for the Petitioner(s) shall deliver a completed affidavit from each Petitioner concerning their background, including medical history, religious background, general demographic information, together with any exhibits required.

Applies to

Answer

If the GAL files an answer on behalf of the adoptee, it must comply with 735 ILCS 5/2-610.

If the GAL chooses, an answer may be filed on behalf of the adoptee. This pleading must comply with 735 ILCS 5/2-610.

Applies to

Recommendation

GAL must file a recommendation instead of an answer in all adoption cases.

In all cases, in lieu of an answer, file with the Court a recommendation as to what is in the best interest of the child based upon a review of all available data.

Applies to

Pleading

GAL must file a proper pleading to support or oppose relief.

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.

Applies to

Petition for fees

GAL must submit a petition for fees and costs with billing records before judgment.

Prior to the entry of Judgment for Adoption, the GAL shall prepare and submit to the Court a Petition for Award of Fees and Costs, with supporting billing records or invoices.

Applies to

Affidavit

Petitioners must file an affidavit detailing search efforts when seeking default by publication.

Petitioners seeking to default any necessary party to an adoption proceeding based upon service by publication must file a supporting affidavit establishing factually the action taken that demonstrates honest and well directed efforts to ascertain the whereabouts of the person sought to be defaulted by such service. Said affidavit shall detail search efforts, including, but not limited to, searches of military records, the Illinois Department of Corrections, administrative agencies (i.e., the State Disbursement Unit), and all other search efforts.

Applies to

Affidavit

Affidavit of military service status required when putative father's identity is known.

An affidavit as to military service status of any named person sought to be defaulted must also be filed in all cases where the identity of a putative father has been made known to the Petitioner or any other party to the proceeding.

Applies to

Motion

Counsel must prepare a motion, order, and verification statement for certification of appeal status.

Counsel is responsible for preparing an appropriate motion, order and verification statement.

Applies to

Affidavit

Petitioner's counsel must file an affidavit stating the status of any appeal.

counsel for the petitioner must file an affidavit stating with particularity the status of any appeal

Applies to

Affidavit of assets and liabilities

An Affidavit of Assets and Liabilities must be completed and presented to the Court on the 10:00 a.m. call when seeking appointment of counsel.

If an individual seeks appointment of counsel, an Affidavit of Assets and Liabilities must be completed and presented to the Court for review on the 10:00 a.m. call.

Applies to

Fee petition

Fee requests must be made by petition, verified or supported by an affidavit detailing time and work, and include a copy of the Affidavit of Assets and Liabilities signed by the client and the order of appointment.

Requests for fees must be made by Petition either verified or supported by an affidavit detailing the time expended and work performed which was necessary in representing the client’s interest. To facilitate payment, the petition should also include a copy of the Affidavit of Assets and Liabilities signed by the client and the order of appointment.

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.

Applies to

Petition

The petition must allege that judgment will not be requested until the death or request of the biological or legal parent(s).

This petition should also allege that a judgment will not be requested until the death or request of the person’s biological and or legal parent(s).

Applies to

Petition for confidential intermediary

Petitions for appointment of a Confidential Intermediary must include proof of registration with the Illinois Adoption Registry and Medical Information Exchange.

Any person seeking the appointment of a Confidential Intermediary must accompany the Petition filed with the Court with proof of registration with the Illinois Adoption Registry and Medical Information Exchange (750 ILCS 50/18.04).

Applies to

Motion to vacate

An employer moving to vacate a conditional judgment must file an answer at the same time as 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.

Applies to

Speedy trial demand

Must include

caption, case number, certificate of service

A speedy trial demand must be in writing with caption, case number, signature and date, served on the State's Attorney, and filed with proof of service.

All demands for trial, pursuant to the Code of Criminal Procedure (725 ILCS 5/103-5(b)), shall be made in the following manner: (1) In writing with proper caption and case number signed and dated by the defendant or the defendant's attorney; (2) A copy of the demand shall be served on the State's Attorney in any manner permitted by Supreme Court Rules 11 and 12; and (3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State's Attorney.

Applies to

Written appearance of counsel

An attorney representing a defendant in a felony or misdemeanor case must file a written appearance and serve it on the prosecution before addressing the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

Applies to

Complaint

A summons or warrant of arrest may issue only after a complaint is 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.

Applies to

Warrant

Arrest warrants must comply with 725 ILCS 5/1079 and must be issued on the court-approved form.

Every warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-9 of the Code of Criminal Procedure and shall issue on the appropriate approved form.

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.

Applies to

Discovery order

The Court must enter a reciprocal discovery order in every criminal case with a not-guilty plea, unless there is an objection.

The Court shall enter a reciprocal discovery order in every criminal proceeding wherein the defendant has entered a plea of “not guilty,” unless there is an objection.

Applies to

Pre sentence report

A pre-sentence report is required in every felony case unless waived by law, and in other cases if the Court orders one.

A pre-sentence report shall be made in every felony case unless waived as provided by law (730 ILCS 5/5-3-1), and in other cases as ordered by the Court.

Applies to

Probation certificate

Probation imposed under the Code of Criminal Procedure must be recorded on the approved pre-printed Probation Certificate form, which must set out the terms and conditions of probation.

(a) 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.

Applies to

Probation order

Probation imposed under the Cannabis Control Act or Illinois Controlled Substances Act must be recorded on a pre-printed Probation Order setting out the terms and conditions of probation.

(b) When the Court imposes probation under the Cannabis Control Act (720 ILCS 550/10), or under the Illinois Controlled Substances Act (720 ILCS 570/410), the Court shall set forth on a pre-printed Probation Order the terms and conditions of the probation.

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.

Applies to

Motion for substitution of judge

Motions for substitution of judge for cause must be filed before the judge from whom substitution is sought and must be supported by affidavit.

All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

Applies to

First pleading and all documents

First pleadings and all subsequent filings must contain the attorney's (or pro se party's) name, address, and telephone number, and attorneys must also include their attorney identification number.

The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include the attorney's identification number.

Applies to

Notice of 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.

Applies to

Exhibits

Documents or exhibits filed separately because of size limits must use the DuPage Exhibit Cover Sheet (Form 4393), and may be rejected if they lack it.

Any documents or exhibits filed separately from their associated pleading, motion, or document due to size limitations, even if (filed in the same transaction), shall be filed with the DuPage Exhibit Cover Sheet, Form 4393. Exhibits tendered without the appropriate cover sheet may be rejected for filing.

Applies to

Electronically filed document

Filing parties are responsible for ensuring e-filed documents do not reveal sealed, impounded, or otherwise protected 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.

Applies to

Motion to file under seal

The motion for leave to file under seal must explain the legal standard and must not include the under-seal document as an attachment.

The motion must include an explanation of how the document meets the legal standards for filing sealed and that the document in question may not be attached to the motion as an attachment.

Applies to

Electronically filed document

When written filings include a social security number or driver's license number, only the last four digits may be used.

(a) Social Security Number and Driver’s License Number. 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 used.

Applies to

Electronically filed document not putting space

Minor children are to be identified by initials only in fragments when their full name is required unless they are a named party.

(b) Names of Minor Children. If the involvement of a minor child must be mentioned, only the initials of that child’s name may be used; but if the minor is a named party to the action, the full name of the minor shall be used, absent leave of Court.

Applies to

Electronically filed document

When a date of birth is required in a document, only the year may be included.

(c) Dates of Birth. If an individual’s date of birth must be included in a document, only the year shall be used.

Applies to

Electronically filed document

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

(d) Financial Account Numbers and Debit/Credit Card Numbers. If financial account or Debit/Credit Card numbers are relevant, only the last four digits of these numbers shall be used.

Applies to

Inventory

The receiver must file with the inventory a list of the estate's then-known liabilities unless the court orders otherwise.

Unless the Court orders otherwise, the receiver shall file with the inventory the inventory required by Rule 11.03(a) a list of the then known liabilities of the estate.

Applies to

Notice of motion

Must include

judge name, case number

A notice of motion hearing or presentment must name the judge, case title and number, date, time, and courtroom.

The notice of hearing or presentment shall designate the judge to whom the motion will be presented; shall show the title and number of the action, the date when the filing will be set or presented, the time it will be set or presented, and the courtroom where it will be heard or presented.

Applies to

Motion for emergency relief

Emergencies applications must be accompanied by an affidavit stating why relief is needed on an emergency basis; if seeking relief without notice, the affidavit must describe the efforts made to notify opposing counsel.

Each application for emergency relief shall be accompanied by an affidavit by the movant or movant’s attorney stating the reason the requested relief is necessary on an emergency basis, and in cases where the request is without notice, except as permitted by law, said affidavit shall describe the attempts that have been made to notify opposing

Applies to

Motion for preliminary approval

A motion for preliminary approval of a class action settlement must include specified settlement details and proposed deadlines.

(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.

Applies to

Motion for preliminary approval

Must include

proposed order

Every Motion for Preliminary Approval must attach a Proposed Preliminary Approval Order that includes proposed dates for notice, claims, objections, exclusions, final approval briefs, and fee requests.

A Proposed Preliminary Approval Order shall be submitted as an exhibit to any Motion for Preliminary Approval and shall have proposed specific future dates for notice to be disseminated, claims to be submitted, objections or exclusions to be submitted, final approval briefs and request for attorney’s fees to be submitted, etc.

Applies to

Motion for final approval

Must include

proposed order

Every Motion for Final Approval must attach, as an exhibit, a Proposed Final Approval Order.

A Proposed Final Approval Order shall be submitted as an exhibit to any Motion for Final Approval.

Applies to

Motion for leave

A petitioner seeking default by publication must first seek leave of court.

If the petitioner is seeking a default by way of publication, the petitioner must first seek leave of court in order to do so.

Applies to

Verified petition

A verified petition to settle a minor's or ward's claim must be filed by the legal representative and must recite the occurrence, defendant, insurance coverage, injuries/expenses, a medical certificate, and a fairness recommendation; the medical certificate requirement may be waived for good cause.

To settle a cause of action for personal injuries sustained by a minor or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence. A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph 4 upon good cause shown. (5) The petition shall contain a statement by the petitioner or the attorney for the petitioner as to the fairness of the offer and a recommendation as to whether the offer should be approved or rejected.

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.

Applies to

Voucher

Vouchers for ward's settlements must include express language prohibiting withdrawals without court order until the ward no longer has a guardian.

For ward’s settlements, the vouchers shall include the express language that “No withdrawals shall be made from this account, unless authorized by order of Court until such time as the ward no longer has a guardian.”

Applies to

Order approving settlement

The order approving a minor's settlement must appoint a guardian for the minor's estate and require the guardian to file a bond pending deposit of the funds.

The order entered approving settlement shall provide for the appointment of a guardian for the minor’s estate and shall require the appointed guardian to file a bond pending proper deposit of the minor’s funds in the financial institution approved by the Court.

Applies to

Inventory

If no appraisers are appointed, the receiver must investigate and show in the inventory the value of each item listed.

If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

Applies to

Petition for withdrawal

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

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.

Applies to

Petition for approval of settlement

The representative of a decedent's estate must file a petition for approval of a wrongful death/survival settlement, and the petition must recite the occurrence, injuries, attorney's fairness assessment, damages breakdown, fees/expenses/disbursements, and probate action status.

To settle a cause of action on behalf of a decedent for personal injuries and/or for the wrongful death of a person, the representative of the decedent’s estate shall file in the court a petition for approval of the settlement of the cause of action. A petition for approval shall recite: (1) A brief description of the occurrence giving rise to the cause of action; (2) A brief description of the injuries sustained and/or facts giving rise to the cause of death of the decedent; (3) A brief assessment by the attorney based upon the facts and the law that the proposed settlement is fair and reasonable; (4) A breakdown and percentage of proposed wrongful death, pecuniary loss, and survival damages along with factual bases to support said proposal; (5) A list of fees, expenses, lien distribution, and overall disbursement to the heirs and estate; (6) A statement as to whether a probate action is pending DuPage County or some other county;

Applies to

Petition to approve settlement

Petitions to approve settlements must include affidavits from the representative and/or heirs acknowledging and agreeing to the settlement, or an indication that a dependency hearing is required.

(7) Affidavits from the representative and/or heirs acknowledging and agreeing to the settlement or indication that a dependency hearing is required; and

Applies to

Petition to approve settlement

Must include

proposed order

Petitions to approve settlements must include a proposed order approving the settlement, fees, expenses, liens, and disbursements to the heirs and estate.

(8) A proposed order approving of the settlement, fees, expenses, liens, and disbursements to the heirs and estate.

Applies to

Petition for receiver appointment

A petition for appointment of a receiver must state sufficient facts to warrant the appointment; mere conclusions are insufficient.

A petition for the appointment of a receiver shall set forth sufficient facts to warrant the appointment; mere conclusions will not suffice.

Applies to

Inventory

The receiver's inventory must cover all estate property, real, personal or mixed, and designate the property the receiver has taken possession or control of.

an inventory of all property – real, personal or mixed – of the estate, designating the property of which the receiver has taken possession or control

Applies to

Order appointing receiver

An order appointing an otherwise disqualified receiver must specifically set forth the reasons for departing from the general rule.

If the Court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under Section (a) of Rule 11.01 may be appointed as receiver by an order specifically setting forth the reasons for departure from the general rule.

Applies to

Surety schedule

Personal sureties must execute and file schedules of property in a court-approved form unless excused.

Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

Applies to

Bond

Surety company bonds require a current certified copy of the surety's authority on file with the Clerk and verified power of attorney or certificates of authority attached.

Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety’s authority to transact business in the State, as issued by the Director of Insurance, is on file with the Clerk of the Court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

Applies to

Bond

Civil surety bonds require a current certified copy of the surety's license on file with the Clerk and a verified power of attorney or certificate of authority attached.

Bond with a civil surety will be approved only if a current, certified copy of the surety’s license (issued under the Illinois Insurance Code or the Illinois Bail Bond Act) is on file with the Clerk of the Circuit Court, and a verified power of attorney or certificate of authority for each person authorized to execute bonds for the surety is attached to the bond.

Applies to

Petition for authorization

Civil surety authorization requires a verified petition stating compliance, with specified attachments including license, financial statement, powers of attorney, and schedules of pending actions and claims.

To obtain authorization to act as a civil surety in the Court, the applicant shall file a verified petition for authorization stating that the petitioner has complied with all applicable laws and regulations. There shall be attached to the petition: (1) A certified copy of the license issued to the petitioner, attested by the Director of Insurance; (2) A verified statement of its assets and liabilities at the close of business on the 31st day of December of the preceding year or at any subsequent date prior to the filing of the petition; (3) Power of attorney or certificates of authority for all persons authorized to execute bonds for the petitioner in the Court, in a form approved by the Court; (4) A verified schedule of all actions pending in any court against the petitioner at the time of the filing of the petition upon bonds executed by it in the courts of record in Illinois; the schedule shall state the title and number of the action, the names of the attorneys of record, the amount claimed, the nature of the claim, and the reasons for contesting the claim; and (5) A verified schedule of all claims of liability, not the subject of any pending action, which have been made against the petitioner and are undischarged at the time of the filing of the petition, upon bonds executed by the petitioner in the court of record in Illinois; the schedule shall state the name of the claimant, the amount claimed, the nature of the claim and the reasons for contesting the claim.

Applies to

Mediation referral order

The Court's Mediation Referral Order must include instructions on mediation logistics, procedure if an agreement is reached, and procedure if no agreement is reached (including a return-to-court date for STATUS or TRIAL).

The Court’s Mediation Referral Order shall include: (1) 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; (2) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (3) 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 order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the order is for “TRIAL”).

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.

Applies to

Settlement order

Upon settlement or withdrawal of a mediation case, parties must immediately notify the Judge in writing and submit the written settlement or dispositive order by the scheduled mediation status date.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference status date.

Applies to

Complaint

Newly filed dissolution or declaration of invalidity cases with minor children must designate the complaint as 'Petition for Dissolution of Marriage, Minor Children.'

In all newly filed cases seeking dissolution or declaration of invalidity, if there are one or more minor children of the marriage at the time of filing, the complaint shall be designated “Petition for Dissolution of Marriage, Minor Children,” and the Clerk of the Circuit Court shall maintain such designation.

Applies to

Financial affidavit

Parties in Domestic Relations proceedings involving financial issues must provide a completed Financial Affidavit in the Supreme Court-approved form, supported by documentary evidence.

In all Domestic Relations proceedings involving child support, children's expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney fees, each party other than the Illinois Department of Healthcare and Family Services shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court. The Financial Affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking and credit card statements.

Applies to

Certificate of compliance

Must include

certificate of service

When tendering a Financial Affidavit, the party must immediately file a certificate of compliance and proof of service with the Clerk.

At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice.

Applies to

Affidavit of due diligence

A party seeking 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.

Applies to

Financial affidavit

Each party in pre-judgment Domestic Relations proceedings must tender an updated Financial Affidavit 30 days before trial.

Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty (30) days before trial.

Applies to

Prove up

The necessary prove-up documents include Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment, Child Support Calculation, Certificates of Completion, 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

Applies to

Motion

Petitions and motions must recite the statutory or case law basis for the relief sought; non-compliant filings may be stricken.

All petitions and motions shall include a recitation of the statutory or case law basis for said relief. Filings that fail to comply with this requirement may be stricken on the court’s motion.

Applies to

Order

When scheduling a court date change, an order must be presented to the court scheduler and must include a paragraph striking the existing date from the call.

An appropriate order must be presented to the court scheduler at the time a change in court date is scheduled. The order shall include a paragraph striking the existing date from the call.

Applies to

Temporary relief petition

In temporary relief proceedings, the moving party must serve proper notice and provide the opposing counsel with the necessary Financial Affidavit.

Except as otherwise provided by law, in all proceedings involving petitions for temporary relief, the moving party shall serve proper notice in accordance with Local Rule 6.04 and provide, to opposing counsel, the necessary Financial Affidavit in accordance with Local Rule 15.05.

Applies to

Rule to show cause

A Rule to Show Cause will not issue without 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.

Applies to

Emergency motion

The proponent of an emergency matter must prove the emergency by providing prior notice to the opposing party, a supporting affidavit, inability to obtain a regular assignment, and immediate irreparable injury.

The proponent of an alleged “emergency” matter shall have the initial burden of proving the emergency which burden shall include, at a minimum: (1) Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08; (2) 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; and (3) That immediate and irreparable injury, loss or damage will result if the relief is not granted.

Applies to

Mediation report

Mediation progress report must be submitted on a Court approved form.

The mediator shall, on a Court approved form, report to the Court on the progress of mediation within ten (10) days of the termination of the last mediation session, but in no event after the assigned status date.

Applies to

Plan

The Plan must include all mandatory clauses, such as a mediation provision.

All mandatory clauses shall be included within the Plan (e.g., mediation provision).

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.

Applies to

Notarized affidavit

The parties must sign and submit a notarized affidavit containing the full enumeration required by the agreement.

The parties shall both sign and submit a notarized affidavit containing the following:

Applies to

Agreed order

The attorney or parties must submit an agreed order striking all future dates already assigned by the Clerk.

The Circuit Court Clerk has already assigned future dates to all affected cases. The attorneys or parties shall also submit an agreed order striking all such future dates.

Applies to

Withholding order

Maintenance or support payments must be made through an order of withholding obtained on a separate court order using the Clerk's approved form.

Maintenance or support payments shall be made by an order of withholding upon a separate order of court providing therefor, using the approved form furnished by the Clerk's office.

Applies to

Withholding order

Where payments are made through the Circuit Court Clerk, the withholding order must be accompanied by the Clerk's child support order form.

If payments are through the Clerk of the Circuit Court, the withholding order shall be accompanied by the Clerk's form child support order.

Applies to

Maintenance support order

Orders for maintenance or support payments must be presented to the Court in duplicate.

Orders for maintenance or support payments shall be presented to the Court in duplicate.

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),

Applies to

Complaint

Small claims complaints must include a statement of claim setting forth the elements required by Supreme Court Rule 282, using the Clerk's approved forms.

The form of complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282 on approved forms provided by the Clerk of the Court.

Applies to

Motion temporary custody hearing

A DCFS temporary custody motion must attach a signature to demonstrate the reasonable efforts it has been taking to prevent or eliminate the need to remove the minor.

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 ensure to eliminate the necessity of removal of this minor from his or her home. This affidavit must be attached to the motion at issue.

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);

Applies to

Access request juvenile proceeding

Requests for access to a juvenile proceeding must be made on the form specified in Appendix D.

Any interested person or agency shall, no later than seven (7) days before the hearing, make a request for access to the juvenile proceeding using the form found in Appendix D.

Applies to

Objection to access juvenile proceeding

An objection to access must be filed using the form specified in Appendix D.

A party objecting to the admission of an interested person or agency shall file its objection no later than three (3) days before the hearing using the form found in Appendix D.

Applies to

Admission order interested person agency

The order granting admission to an interested person or agency must use the form prescribed in Appendix D.

The form of an order for admission of an interested person or agency shall be as prescribed in Appendix D.

Applies to

Petition for probate of handwritten will

A petition for probate of a handwritten will 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.

Applies to

Petition for probate will foreign language

Petitions to probate a will written in a foreign language must include a facsimile plus a translation certified by a qualified translator.

(b) With a petition for probate of a will in language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

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.

Applies to

Petition for guardian investment

Petitions by plenary guardians or guardians of the estate to invest ward property must identify the statutory investment category and state that the investment complies with that category's limitations.

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.

Applies to

Petition for guardian investment

Petitions for guardian investments must disclose any direct or indirect purchase from the guardian or from a related firm/corporation in which the guardian has an interest or role.

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.

Applies to

Inventory

Every inventory, amended inventory, 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.

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.

Applies to

Affidavit of identification and affidavit of non support

A biological mother executing an adoption consent must execute an Affidavit of Identification and an Affidavit of Non-Support, both filed before entry of Judgment.

In addition, where the consent is executed by the biological mother, she shall also contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support. Such Affidavit of Identification and Affidavit of Non-Support shall be filed with the Court prior to the entry of Judgment and shall become a part of the Court record.

Applies to

Affidavit of identification or location efforts

To obtain an interim custody order when the other biological parent's whereabouts are unknown, the court requires an Affidavit of Identification and/or an Affidavit detailing the location efforts.

In order to make such a showing, the Court will require, at a minimum, an Affidavit of Identification and/or an Affidavit showing factually what steps have been taken to locate and notify the absent biological parent.

Applies to

Petitioner background affidavit

When the GAL serves as adoption investigator, each Petitioner must provide an affidavit covering background, medical history, religious background, demographics, and required exhibits.

In adoptions where the GAL is appointed as investigator, counsel for the Petitioner(s) shall deliver a completed affidavit from each Petitioner concerning their background, including medical history, religious background, general demographic information, together with any exhibits required.

Applies to

Petition

A petition seeking appointment of a Confidential Intermediary must be accompanied by proof of registration with the Illinois Adoption Registry and Medical Information Exchange.

Any person seeking the appointment of a Confidential Intermediary must accompany the Petition filed with the Court with proof of registration with the Illinois Adoption Registry and Medical Information Exchange (750 ILCS 50/18.04).

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.

Applies to

Speedy trial demand

Must include

caption, case number

Speedy trial demands must be in writing with proper caption and case number, signed and dated by the defendant or attorney.

All demands for trial, pursuant to the Code of Criminal Procedure [725 ILCS 5/103-5(b)], shall be made in the following manner: (1) In writing with proper caption and case number signed and dated by the defendant or the defendant's attorney;

Applies to

Appearance

Attorneys in felony/misdemeanor cases must file a written appearance and serve it on the prosecution before addressing the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

Applies to

Search warrant

Every search warrant must be supported by a complaint written on the appropriate approved form.

Every search warrant shall be supported as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure by a complaint written on the appropriate approved form.

Applies to

Order vacating judgment

A Traffic Division order vacating a prior judgment must include the legal basis in writing.

When vacating an earlier judgment in the Traffic Division, the Traffic Division judge shall state the legal basis in a written order.

Applies to

Pre sentence investigation report

The presentence investigation report must cover the enumerated categories including prior offenses, family history, residence, education, health, employment, military history, finances, and co-defendant status.

(3) Any record of prior offenses; (4) Family history; (5) Residential history; (6) Educational background; (7) Religion (optional); (8) Interests and activities; (9) Health and health history; (10) Employment history; (11) Military history; (12) Financial resources; (13) Impressions and summary; (14) Recommendations if requested by the Court; (15) Status or disposition of co-defendants.

Applies to

Probation certificate

Probation imposed under the Code of Criminal Procedure requires the terms and conditions to be recorded on the pre-printed approved Probation Certificate form.

(a) 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.

Applies to

Probation order

Probation imposed under the Cannabis Control Act or Illinois Controlled Substances Act requires the terms and conditions to be set forth on a pre-printed Probation Order.

(b) When the Court imposes probation under the Cannabis Control Act (720 ILCS 550/10), or under the Illinois Controlled Substances Act (720 ILCS 570/410), the Court shall set forth on a pre-printed Probation Order the terms and conditions of the probation.

Applies to

Out of state travel authorization

Out-of-state travel authorizations under a Probation Certificate must be in writing.

(c) When the Probation Certificate permits the defendant to leave the state, the Senior Supervisor of Adult Division or the Senior Supervisor of Adult Division’s designee may authorize up to thirty (30) days of out-of-state travel. All authorizations shall be in writing.

Applies to

Approved absence log

The Senior Supervisor must keep an approved-absence log documenting case number, probationer name, departure and return dates, destination, and travel purpose.

The Senior Supervisor of Adult Division shall maintain a log of approved absences, setting forth the case number, name of the person on probation, date of departure, destination, purpose of travel and date of return.

Applies to

Conditional discharge order

A conditional discharge order must be fully completed and signed by both the judge and the defendant.

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

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.

Applies to

Periodic imprisonment order

Periodic imprisonment orders must set forth the terms and conditions of imprisonment, and the original plus four copies must be distributed as provided by administrative orders.

When the Court imposes a sentence of periodic imprisonment, under the Code of Criminal Procedure (730 ILCS 5/5-7-1 et seq.), or orders periodic imprisonment as a term or condition of another type of disposition, the Court shall enter an order setting forth the terms and conditions of periodic imprisonment. The original order and four (4) copies shall be distributed as provided by administrative orders of this Court.

Applies to

Periodic imprisonment rules and regulations

The periodic imprisonment program Rules and Regulations must be filed in every revocation case, signed by the offender, and the original plus four copies distributed as set forth in the administrative order.

This Court shall establish by administrative order, rules and regulations for the administration of the periodic imprisonment program. A copy of the Rules and Regulations shall be filed in every case in which a Petition to Revoke Periodic Imprisonment is filed in accordance with Rule 36.10. The Rules and Regulations shall be signed by the offender. The original Rules and Regulations and four (4) copies shall be distributed as set forth in the administrative order.

Applies to

Motion to vacate

An employer moving to vacate a conditional judgment must file an answer at the same time the motion to vacate is filed.

When an employer seeks to vacate a conditional judgment, the employer must file an answer at the time the motion to vacate is filed

Applies to

Motion for final approval

The first page of a Motion for Final Approval must include an Introduction Section reciting thirteen specific items, including claims data, objections/exclusions, notice confirmation, and proposed awards/fees.

(1) To present a Motion for Final 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 actual class size; (iii) whetherthe settlement was a claims-made or an opt-out settlement for the class; (iv) the total settlement fund along with any cy pres recipient or reversion of the fund; (v) the amount of claims submitted by the class if it is a claims-made settlement along with the percentage of claims submitted compared to the entire class (if the motion for attorney’s fees was filed before the claims deadline had passed, counsel for the class shall submit an updated affidavit from the settlement administrator with updated claims, objections, and/or exclusions once all of the deadlines have passed); (vi) the number of objections and/or exclusions; (vii) the amount each class member will receive; (viii) any injunctive relief and brief analysis as to value or benefit of said injunctive relief to the class or potential future class members; (ix) any specific details as to value of any coupons or vouchers; (x) confirmation that notice was disseminated as required in the Preliminary Approval Order; (xi) the success rate of the notice administration; (xii) the actual cost for the settlement administrator; and (xiii) the proposed class representative award and proposed fee request.

Applies to

Motion for substitution of judge

Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

Applies to

Pleading

All pleadings, appearances, documents, and orders must include the filer's name, address, and telephone number, and attorneys must also include their attorney identification number.

The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include thereon an attorney identification number.

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.

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.

Applies to

Exhibit list

Litigants/attorneys must provide a copy of their exhibit list(s) to the courtroom clerk at the start of trial.

Litigant/attorney shall provide a copy of their exhibit list(s) to the courtroom clerk at the commencement of the trial.

Applies to

Pleading

If incorporating facts by reference would make a pleading not readily comprehensible, those facts must be realleged verbatim.

If the incorporation of facts by reference to another pleading or to another part of the same pleading will cause a pleading not to be readily comprehensible, such facts shall be realleged verbatim.

Applies to

Pleading

Pleadings must specify the dollar amount claimed, and for personal injury, must indicate the amount range among five categories.

All pleadings wherein money damages are requested for matters other than injury to the person shall be specific as to the dollar amount claimed. In all pleadings where injury to the person is alleged, the prayer for relief must indicate the amount of damages claimed to be as follows: (1) Not greater than $2,500; or (2) Greater than $2,500 and but not in excess of $10,000; or (3) Greater than $10,000 and but not in excess of $15,000; or (4) Greater than $15,000 and but not in excess of $50,000; or (5) Greater than $50,000.

Applies to

Motion

Each motion's title must state the relief sought and the applicable Code of Civil Procedure section.

The title to each motion shall indicate the relief sought and the applicable section of the Code of Civil Procedure.

Applies to

Notice of hearing

A notice of hearing must specify the judge, case title and number, date, time, and courtroom for the motion.

The notice of hearing or presentment shall designate the judge to whom the motion will be presented; shall show the title and number of the action, the date when the motion will be set or presented, the time it will be set or presented, and the courtroom where it will be heard or presented.

Applies to

Motion

Each motion and each basis must identify the applicable Code of Civil Procedure section or Supreme Court Rule number.

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

Applies to

Motion

Each application for emergency relief must be accompanied by an affidavit stating the reason the relief is necessary on an emergency basis, and in no-notice cases, stating attempts made to notify opposing counsel.

Judge. Each application for emergency relief shall be accompanied by an affidavit by the movant or movant’s attorney stating the reason the requested relief is necessary on an emergency basis, and in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing

Applies to

Affidavit

When default is obtained and fees are recoverable, the attorney must present an affidavit detailing services, hours, rate, experience, and reasonableness.

When an order of default is obtained, if any fees are recoverable, at the Court’s discretion, the attorney shall present an affidavit stating the nature of the services performed, the number of hours spent, the attorney’s hourly rate, statement of the level of experience and expertise of the attorneys, and that number of hours spent and the hourly rate charged per hour are fair and reasonable according to the standards of the local community.

Applies to

Motion for preliminary approval

A motion for preliminary approval of a class action must have a first-page Introduction Section reciting the cause description, jurisdiction/venue basis, potential class size, and settlement type.

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;

Applies to

Motion for preliminary approval

The first page of a Motion for Preliminary Approval must include an Introduction Section reciting ten specific items, including a 14-day gap between the attorney's fees motion and the objection deadline.

(1) 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 actual class size; (iii) whether the settlement was a claims-made or an opt-out settlement for the class; (iv) the total settlement fund along with any 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.

Applies to

Motion for preliminary approval

Must include

proposed order

A proposed preliminary approval order must be submitted as an exhibit to any Motion for Preliminary Approval, including proposed specific future dates for notice, claims, objections, exclusions, final approval briefs, and attorney's fees.

(3) A Proposed Preliminary Approval Order shall be submitted as an exhibit to any Motion for Preliminary Approval and shall have proposed specific future dates for notice to be disseminated, claims to be submitted, objections or exclusions to be submitted, final approval briefs and request for attorney’s fees to be submitted, etc.

Applies to

Motion for final approval

Must include

proposed order

A proposed final approval order must be submitted as an exhibit to any Motion for Final Approval.

(2) A Proposed Final Approval Order shall be submitted as an exhibit to any Motion for Final Approval.

Applies to

Verified petition

A verified petition executed by the legal representative must be filed to settle a minor's or ward's personal injury, wrongful death, or survival claim, reciting the occurrence, adverse party, insurance coverage, injuries and expenses, and a fairness recommendation.

To settle a cause of action for personal injuries sustained by a minor or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent's estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence. A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph 4 upon good cause shown. (5) The petition shall contain a statement by the petitioner or the attorney for the petitioner as to the fairness of the offer and a recommendation as to whether the offer should be approved or rejected.

Applies to

Order approving settlement

The order approving settlement must provide for distribution of the settlement funds and filing of vouchers evidencing receipt of any portion of the fund with the Court within a time prescribed by the Court.

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.

Applies to

Order approving settlement

The order approving a minor's settlement must provide for appointment of a guardian for the minor's estate and require the guardian to file a bond pending deposit of the funds.

The order entered approving settlement shall provide for the appointment of a guardian for the minor's estate and shall require the appointed guardian to file a bond pending proper deposit of the minor's funds in the financial institution approved by the Court.

Applies to

Stipulation of dismissal

A stipulation dismissing the cause of action must be filed together with the voucher from the financial institution acknowledging receipt of the funds.

A stipulation dismissing the cause of action shall be filed with the filing of the voucher from the financial institution acknowledging receipt of the funds.

Applies to

Petition for withdrawal

A petition for withdrawal from a minor's or ward's account must be in writing and state the account balance, annual income, withdrawal amount and purpose, and last authorization amount.

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.

Applies to

Petition for settlement approval

A petition for approval of a wrongful death or survival settlement must recite six specified items: description of the occurrence, injuries, attorney assessment of fairness, damages breakdown, fee and disbursement list, and probate action status.

To settle a cause of action on behalf of a decedent for personal injuries and/or for the wrongful death of a person, the representative of the decedent's estate shall file in the court a petition for approval of the settlement of the cause of action. A petition for approval shall recite: (1) A brief description of the occurrence giving rise to the cause of action; (2) A brief description of the injuries sustained and/or facts giving rise to the cause of death of the decedent; (3) A brief assessment by the attorney based upon the facts and the law that the proposed settlement is fair and reasonable; (4) A breakdown and percentage of proposed wrongful death, pecuniary loss, and survival damages along with factual bases to support said proposal; (5) A list of fees, expenses, lien distribution, and overall disbursement to the heirs and estate; (6) A statement as to whether a probate action is pending DuPage County or some other county;

Applies to

Acknowledgment

Foreign acknowledgments and affidavits must be accompanied by a certified keeper-of-records certificate stating the official was authorized and the signature is genuine.

Acknowledgments and affidavits presented under Rule 12.03 which have been executed outside the State shall be accompanied by a certificate of the proper keeper of records, under the seal of the keeper of records’ office, stating that the person before whom the acknowledgment was made or by whom the oath was administered was duly authorized to take acknowledgments or to administer oaths, and that that person’s signature is believed to be genuine.

Applies to

Motion

A motion to require sureties to justify must be accompanied by an affidavit showing grounds for insufficiency, manner of inquiry, and facts ascertained.

The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry and the facts ascertained.

Applies to

Complaint

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

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

Applies to

Notice

Must include

caption, certificate of service, notice of electronic filing

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):

Applies to

Mediation referral order

The Court's Mediation Referral Order must include instructions on how mediation will proceed, how the case proceeds if an agreement is reached, and how it proceeds if no agreement is reached (including a return-to-court date for STATUS or TRIAL).

MEDIATION (a) The Court’s Mediation Referral Order for the Program shall include: (1) 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; (2) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (3) 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

Applies to

Mediation agreement

Mediation agreement must be reduced to writing and signed by the parties or their agents.

If an agreement is reached to resolve the matter in whole or in part, it must be reduced to writing and signed by the parties or their agents at the end of the mediation.

Applies to

Mediation agreement

Parties must present their mediated agreement to the Court to enter as an Order at the status/trial date.

It is then the responsibility of the parties to present their agreement to the Court to enter as an Order at the status/trial date.

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.

Applies to

Mediation report

Mediator must immediately advise the Program, and the Program must immediately inform the Court in writing via a Mediation Report if mediation is suspended or terminated or if parties fail to comply.

The mediator shall immediately advise the Program and the Program shall immediately inform the Court in writing via a Mediation Report if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of mediation.

Applies to

Settlement order

Upon settlement, parties must immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date, and notify the Program.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties or any appointed CASA 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 parties shall also notify the Program that the mediation will not take place as scheduled.

Applies to

Complaint

Newly filed dissolution or invalidity cases with minor children must designate the complaint as 'Petition for Dissolution of Marriage, Minor Children.'

In all newly filed cases seeking dissolution or declaration of invalidity, if there are one or more minor children of the marriage at the time of filing, the complaint shall be designated “Petition for Dissolution of Marriage, Minor Children,” and the Clerk of the Circuit Court shall maintain such designation.

Applies to

Financial affidavit

Each party in specified Domestic Relations proceedings must provide a completed Financial Affidavit in the form approved by the Illinois Supreme Court.

In all Domestic Relations proceedings involving child support, children’s expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney fees, each party other than the Illinois Department of Healthcare and Family Services shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court.

Applies to

Financial affidavit

Financial Affidavits must be supported by documentary evidence such as tax returns, pay stubs, and bank statements.

The Financial Affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking and credit card statements.

Applies to

Financial affidavit

A Financial Affidavit is required in Title IV-D cases where HFS seeks child support for an individual, but supporting documentary evidence is not required.

A Financial Affidavit shall be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of an individual, however supporting documentary evidence shall not be required.

Applies to

Financial affidavit

Must include

certificate of service

Upon tendering the Financial Affidavit, the tendering party must immediately file a certificate of compliance and proof of service; the Financial Affidavit itself must not be filed with the Clerk.

At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.

Applies to

Motion

If neither party resides in DuPage County, a written motion for waiver of venue must be filed before any other pleadings and along with the original petition for dissolution of marriage.

If neither of the parties resides in DuPage County, either or both of the parties must file a written motion advising the Court that the forum selected is not one of proper venue and seeking an appropriate order from the Court allowing a waiver of the venue requirements of Section 5/104 of the IMDMA. The waiver of venue motion must be filed before any other pleadings and shall be filed along with the original petition for dissolution of marriage.

Applies to

Financial affidavit

Each party in pre-judgment Domestic Relations proceedings must tender an updated Financial Affidavit 30 days before trial.

Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty (30) days before trial.

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.

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

Applies to

Affidavit of due diligence

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.

Applies to

Motion

A petitioner seeking a default by way of publication must first seek leave of court.

If the petitioner is seeking a default by way of publication, the petitioner must first seek leave of court in order to do so.

Applies to

Petition motion

Petitions and motions must recite the statutory or case law basis for the relief sought; non-compliant filings may be stricken.

All petitions and motions shall include a recitation of the statutory or case law basis for said relief. Filings that fail to comply with this requirement may be stricken on the court's motion.

Applies to

Emergency motion

Emergency matters require prior notice to the opposing party and a supporting affidavit under Local Rule 6.08.

Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08

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.

Applies to

Withholding order

Withholding Orders and similar post-judgment orders (e.g., QDROs) must be presented separately as Agreed Orders after Judgment is entered.

Withholding Order and other similar post-judgment orders such as Q.D.R.O.'s shall be presented separately as Agreed Orders after Judgment is entered.

Applies to

Marital settlement agreement

All mandatory clauses shall be included within the Plan (e.g., mediation provision).

All mandatory clauses shall be included within the Plan (e.g., mediation provision).

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.

Applies to

Affidavit

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. (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice.

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. 110 | P a g e ===== PAGE 112 ===== Eighteenth Judicial Circuit | Local Court Rules III. Particular Civil Proceedings (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice. (xv)

Applies to

Agreed order

Attorneys or parties must submit an agreed order striking all future dates assigned by the Circuit Court Clerk.

The Circuit Court Clerk has already assigned future dates to all affected cases. The attorneys or parties shall also submit an agreed order striking all such future dates.

Applies to

Withholding order

Maintenance or support payments require an order of withholding using the approved form from the Clerk's office; if payments go through the Clerk, the withholding order must be accompanied by the Clerk's child support order form.

Maintenance or support payments shall be made by an order of withholding upon a separate order of court providing therefore, using the approved form furnished by the Clerk's office. If payments are through the Clerk of the Circuit Court, said withholding order shall be accompanied by the Clerk's form child support order.

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.

Applies to

Motion

All requests for court action must be made by motion after the petition is filed.

After the petition is filed, all requests for action by the court shall be made by motion. Motions and Notice of Motions will be made pursuant to the Code of Civil Procedure, Supreme Court Rules and Rules of the Circuit Court.

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.

Applies to

Petition for expenditure

A petition for expenditure on behalf of a ward must be in writing and state the value of the estate, annual income, and last authorization amount.

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.

Applies to

Petition to invest

A petition to invest a ward’s property must identify the investment category, state compliance with limitations, and disclose any conflict of interest.

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.

Applies to

Inventory

Inventory descriptions of causes of action must include the name of the person, nature of the cause, and if suit filed, court details and case number.

Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, name of the court where pending and the case

Applies to

Inventory

The inventory shall designate each item of personal estate other than cash and goods and chattels as 'good,' 'doubtful,' or 'desperate,' and state the approximate total value of the decedent’s personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

inventory shall designate each item of personal estate other than cash and goods and chattels as “good,” “doubtful,” or “desperate,” and state the approximate total value of the decedent’s personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

Applies to

Inventory

Each inventory item must be assigned consecutive Arabic numbers starting with 1, carried forward into accounts, with additional numbers for new items.

Consecutive item numbers, commencing with Arabic “1,” shall be assigned to each item inventoried and carried forward into each account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts.

Applies to

Inventory

Inventory descriptions of real estate must include legal description, street and number, improvements, encumbrances, trustee information if applicable, and possession status.

Descriptions of real estate shall include the legal description of each parcel, street and number, if any, the improvements and encumbrances. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, or if not, the reason the representative is not in possession. (See 755 ILCS 5/20-1, Probate Act)

Applies to

Inventory

Inventory descriptions of stock, bonds, debentures, and notes must include specific identifying details.

shall include the number of shares, class of stock, exact corporate title, and state of incorporation if necessary for the purposes of identification. Description of bonds and debentures shall include the total face value, name of obligor, kind of bond or debenture, rate of interest, date of maturity, interest dates, coupons attached or date which interest is paid, and endorsements. Descriptions of notes owed to the decedent shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements, and if secured, a description of the security.

Applies to

Inventory

Inventory descriptions of partnership interest must include partnership name, address, and approximate estate interest if known.

Descriptions of partnership interest shall include the partnership name and address and the approximate interest of the estate, if known.

Applies to

Inventory

If any property is encumbered, the inventory must include a brief description of the encumbrance and principal balance owing at date of death.

If any real estate or tangible or intangible personal property is encumbered, the inventory shall include a brief description of the encumbrance and the principal balance owing at the date of death.

Applies to

Amended inventory

An amended or supplemental inventory is required when property was erroneously described, assets improperly included/excluded, or additional assets discovered; it need not repeat correctly described assets.

An amended or supplemental inventory shall be filed and approved by a judge if: (1) Real or personal property has been erroneously described in a prior inventory; (2) Assets have been improperly included in or excluded from a prior inventory; or (3) Additional assets have been received by the representative or have come to the representative’s knowledge. A supplemental inventory or an amendment to an inventory need not repeat assets correctly described in a prior inventory.

Applies to

Account

Each asset in an account must be designated by its inventory number, unless the account uses a mechanized accounting system; distributions need be described only in the first account after the transaction.

Each asset listed in an account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears, but this requirement does not apply if the account is prepared and controlled by mechanized accounting system. Distribution of an item or conversion into cash or other disposition need be described only in the first account after completion of the transaction.

Applies to

Notice

Notice must include time, place, nature of hearing, and specific binding language.

(iv) The notice shall contain the time, place and nature of the hearing and substantially the following sentence: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”

Applies to

Order of discharge

A representative cannot be discharged until an Order of Discharge in the court-prescribed form is entered.

A representative shall not be discharged until the entry of an Order of Discharge in the form prescribed by the Court.

Applies to

Guardian account

Guardian/temporary guardian account must state the ward's physical location and physical/mental condition.

An account of a guardian or temporary guardian shall state the physical location of the ward and the ward’s physical and mental condition.

Applies to

Consent adoption

Adoption consents must be general in nature; a consenting biological mother must concurrently execute Affidavits of Identification and Non-Support, which must be filed with the Court before entry of Judgment.

(c) 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. In addition, where the consent is executed by the biological mother, she shall also contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support. Such Affidavit of Identification and Affidavit of Non-Support shall be filed with the Court prior to the entry of Judgment and shall become a part of the Court record.

Applies to

Supporting affidavit

Petitioners seeking default based on service by publication must file a supporting affidavit establishing their search efforts to locate the party.

Petitioners seeking to default any necessary party to an adoption proceeding based upon service by publication must file a supporting affidavit establishing factually the action taken that demonstrates honest and well directed efforts to ascertain the whereabouts of the person sought to be defaulted by such service. Said affidavit shall detail search efforts, including, but not limited to, searches of military records, the Illinois Department of Corrections, administrative agencies (i.e., the State Disbursement Unit), and all other search efforts.

Applies to

Affidavit of military service status

An affidavit as to military service status must be filed when the identity of a putative father is known.

An affidavit as to military service status of any named person sought to be defaulted must also be filed in all cases where the identity of a putative father has been made known to the Petitioner or any other party to the proceeding.

Applies to

Finality verification

The Court cannot enter a Judgment of Adoption until the appeal rights of each parent have been exhausted, which must be established by petitioner's counsel.

In adoption cases where the parental rights of a biological or legal parent have been terminated in a Juvenile Court proceeding, this Court is unable to enter a Judgment of Adoption until the appeal rights of each such parent have been exhausted. This must be established by counsel for the petitioner(s).

Applies to

Proposed judgment of adoption

Must include

proposed order

Counsel for the Petitioner must submit a proposed Judgment of Adoption to the Court and the GAL two business days before the date for entry of Judgment.

Counsel for the Petitioner shall, two (2) business days prior to the date for entry of Judgment, submit to the Court and the GAL a proposed Judgment of Adoption.

Applies to

Motion to vacate

An employer moving to vacate a conditional judgment must file its answer at the same time as 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,

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.

Applies to

Speedy trial demand

Must include

caption, case number

A speedy trial demand must be in writing with proper caption and case number, signed and dated by the defendant or defense attorney; the requirements are mandatory and a noncompliant demand is not recognized unless the State had actual notice and the interests of justice require recognition.

In writing with proper caption and case number signed and dated by the defendant or the defendant's attorney;

Applies to

Speedy trial demand

Must include

certificate of service

A copy of the speedy trial demand must be filed with the Clerk together with proof of service on the State's Attorney.

A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State's Attorney.

Applies to

Search warrant

Every search warrant must be supported by a complaint written on the appropriate approved form, as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure.

Every search warrant shall be supported as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure by a complaint written on the appropriate approved form.

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.

Applies to

Probation order

For probation imposed under the Cannabis Control Act or Illinois Controlled Substances Act, the Court must set out the terms and conditions on a pre-printed Probation Order.

When the Court imposes probation under the Cannabis Control Act (720 ILCS 550/10), or under the Illinois Controlled Substances Act (720 ILCS 570/410), the Court shall set forth on a pre-printed Probation Order the terms and conditions of the probation.

Applies to

Travel authorization

All authorizations for out-of-state travel must be in writing.

All authorizations shall be in writing.

Applies to

Travel approval log

The Senior Supervisor of Adult Division must maintain a log of approved travel absences recording case number, name, departure date, destination, purpose, and return date.

The Senior Supervisor of Adult Division shall maintain a log of approved absences, setting forth the case number, name of the person on probation, date of departure, destination, purpose of travel and date of return.

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.

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.

Applies to

Consolidation document

Must include

caption

All consolidation documents must list captions of all involved cases, with the case to be consolidated on top and the receiving case below.

On all documents to be presented to the Court, the captions of all involved cases shall appear with the case which is proposed to be consolidated appearing above and the receiving case below.

Applies to

Court document

Must include

caption

After consolidation, all court documents must list captions of all consolidated cases, with principal case at bottom and transferred case at top.

Once a motion to consolidate has been granted, and for as long as the consolidation is in effect, all court documents concerning said cases shall bear the captions of all consolidated cases with the principal case’s caption at the bottom and the transferred case’s caption at the top.

Applies to

Emergency relief application

Applications for emergency relief must be accompanied by an affidavit explaining the emergency and, for without-notice requests, attempts to notify opposing counsel; failure to attach it grounds denial.

Each application for emergency relief shall be accompanied by an affidavit by the movant or movant’s attorney stating the reason the requested relief is necessary on an emergency basis, and in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing counsel of the request for emergency relief. Failure to attach said affidavit(s) to the request for emergency relief shall be sufficient grounds for denial of same.

Applies to

Motion for preliminary approval

The first page of a Motion for Preliminary Approval must include an Introduction Section listing ten enumerated items, including class details, settlement terms, 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.

Applies to

Motion for preliminary approval

Must include

proposed order

Each Motion for Preliminary Approval must have a Proposed Preliminary Approval Order submitted as an exhibit with specific future dates for notice, claims, objections, and final approval briefs.

A Proposed Preliminary Approval Order shall be submitted as an exhibit to any Motion for Preliminary Approval and shall have proposed specific future dates for notice to be disseminated, claims to be submitted, objections or exclusions to be submitted, final approval briefs and request for attorney’s fees to be submitted, etc.

Applies to

Motion

The first page of a Motion for Final Approval must contain an Introduction Section reciting thirteen mandatory items about the class action settlement, notice, and fee request.

(1) To present a Motion for Final 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 actual class size; (iii) whether the settlement was a claims-made or an opt-out settlement for the class; (iv) the total settlement fund along with any cy pres recipient or reversion of the fund; (v) the amount of claims submitted by the class if it is a claims-made settlement along with the percentage of claims submitted compared to the entire class (if the motion for attorney's fees was filed before the claims deadline had passed, counsel for the class shall submit an updated affidavit from the settlement administrator with updated claims, objections, and/or exclusions once all of the deadlines have passed); (vi) the number of objections and/or exclusions; (vii) the amount each class member will receive; (viii) any injunctive relief and brief analysis as to value or benefit of said injunctive relief to the class or potential future class members; (ix) any specific details as to value of any coupons or vouchers; (x) confirmation that notice was disseminated as required in the Preliminary Approval Order; (xi) the success rate of the notice administration; (xii) the actual cost for the settlement administrator; and (xiii) the proposed class representative award and proposed fee request.

Applies to

Motion

Must include

proposed order

A proposed final approval order must be submitted as an exhibit with any motion for final approval.

(2) A Proposed Final Approval Order shall be submitted as an exhibit to any Motion for Final Approval.

Applies to

Petition

A verified petition executed by the legal representative must be filed to settle a minor's or ward's claim and must recite the occurrence, respondent's identity, insurance carrier and policy limits, injuries and medical expenses, and a statement on the fairness of the offer.

(a) To settle any cause of action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence. (5) The petition shall contain a statement by the petitioner or the attorney for the petitioner as to the fairness of the offer and a recommendation as to whether the offer should be approved or rejected.

Applies to

Petition

Attorney fees are capped at 25% of the gross settlement unless the sworn petition recites the work and hours involved or other special circumstances justifying a higher fee.

In any matter falling under 10.01(a) of this local court rule, an allowance for attorney fees shall not exceed 25% of the gross settlement amount unless the attorney representing the minor or ward in a sworn petition recites the work and hours involved or other special circumstances which would justify a higher attorney’s fee to compensate the attorney fairly for the work performed, in which case the Court may fix the fee in excess of the 25% limitation.

Applies to

Petition for approval

Petition to approve a wrongful death/survival settlement must recite the occurrence, injuries, fairness assessment, damages breakdown, fees/expenses, and probate action status.

To settle a cause of action on behalf of a decedent for personal injuries and/or for the wrongful death of a person, the representative of the decedent’s estate shall file in the court a petition for approval of the settlement of the cause of action. A petition for approval shall recite: (1) A brief description of the occurrence giving rise to the cause of action; (2) A brief description of the injuries sustained and/or facts giving rise to the cause of death of the decedent; (3) A brief assessment by the attorney based upon the facts and the law that the proposed settlement is fair and reasonable; (4) A breakdown and percentage of proposed wrongful death, pecuniary loss, and survival damages along with factual bases to support said proposal; (5) A list of fees, expenses, lien distribution, and overall disbursement to the heirs and estate; (6) A statement as to whether a probate action is pending DuPage County or some other county;

Applies to

Petition for withdrawal

Petition for withdrawal from a minor/ward account must be in writing and state account balance, annual income, withdrawal amount/purpose, and last authorization amount.

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.

Applies to

Order approving settlement

Order approving settlement must appoint a guardian for the minor's estate and require a bond pending deposit of funds.

The order entered approving settlement shall provide for the appointment of a guardian for the minor’s estate and shall require the appointed guardian to file a bond pending proper deposit of the minor’s funds in the financial institution approved by the Court.

Applies to

Petition for settlement approval

The settlement petition must include affidavits from the representative and/or heirs acknowledging and agreeing to the settlement, or an indication that a dependency hearing is required.

(7) Affidavits from the representative and/or heirs acknowledging and agreeing to the settlement or indication that a dependency hearing is required; and

Applies to

Petition for settlement approval

Must include

proposed order

The settlement petition must include a proposed order approving the settlement, fees, expenses, liens, and disbursements to the heirs and estate.

(8) A proposed order approving of the settlement, fees, expenses, liens, and disbursements to the heirs and estate.

Applies to

Motion

Motions for Substitution of Judge for Cause must be supported by an affidavit and filed before the judge from whom substitution is sought.

All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

Applies to

Pleading appearance documents and orders

All pleadings, appearances, documents, and orders must include the filing attorney's (or pro se party's) name, address, and telephone number, and attorneys must also include their attorney identification number.

The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include thereon an attorney identification number.

Applies to

Appearance

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

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

Applies to

Appearance

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

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

Applies to

Petition

After filing a notice of appeal, the fee-waiver applicant must file a petition explaining what and why the requested fees and costs are necessary to the appeal, including specific dates where applicable.

Upon filing a notice of appeal, the applicant shall file a petition stating what and why requested fees and costs are necessary to the appeal, including specific dates (if applicable) as to the fees and costs requested.

Applies to

Motion to vacate

An employer moving to vacate a conditional judgment must file an answer at the same time the motion to vacate is filed.

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

Applies to

Exhibit

Separately filed exhibits must be accompanied by the DuPage Exhibit Cover Sheet (Form 4393); missing cover sheets may result in rejection.

Any documents or exhibits filed separately from their associated pleading, motion, or document due to size limitations, even if (filed in the same transaction), shall be filed with the DuPage Exhibit Cover Sheet, Form 4393. Exhibits tendered without the appropriate cover sheet may be rejected for filing.

Applies to

Electronic document

Electronic filings requiring original signatures certify that the original exists and must be retained until one year after final judgment, available for inspection upon 5 days' notice, and hard copy provided within 5 business days upon request.

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. Unless otherwise ordered by the Court, the filing party must retain the original document as signed either conventionally or electronically, until one year after the date that judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review. The filing party shall make those signed originals available for inspection by the Court, the Clerk of the Court or by other counsel in the case, upon five (5) days’ notice. At any time, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document, which shall be provided within five (5) business days upon reasonable notice.

Applies to

Electronic filing

Electronic documents must include the merged electronic filing stamp to be officially 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.

Applies to

Pleading

Pleadings must specify dollar amount claimed; personal injury prayers must indicate damages within one of five specified brackets.

All pleadings wherein money damages are requested for matters other than injury to the person shall be specific as to the dollar amount claimed. In all pleadings where injury to the person is alleged, the prayer for relief must indicate the amount of damages claimed to be as follows: (1) Not greater than $2,500; or (2) Greater than $2,500 and but not in excess of $10,000; or (3) Greater than $10,000 and but not in excess of $15,000; or (4) Greater than $15,000 and but not in excess of $50,000; or (5) Greater than $50,000.

Applies to

Motion

Each motion's title must state the relief sought and cite the applicable Code of Civil Procedure section.

The title to each motion shall indicate the relief sought and the applicable section of the Code of Civil Procedure.

Applies to

Notice of motion

Notice of hearing or presentment must specify the judge, case title and number, date, time, and courtroom.

The notice of hearing or presentment shall designate the judge to whom the motion will be presented; shall show the title and number of the action, the date when the motion will be set or presented, the time it will be set or presented, and the courtroom where it will be heard or presented.

Applies to

Motion

Every motion and each basis must cite the Code of Civil Procedure section or Supreme Court Rule number.

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

Applies to

Emergency motion

Emergency relief applications must include an affidavit stating the emergency reason and notice attempts; failure to attach results in denial.

Each application for emergency relief shall be accompanied by an affidavit by the movant or movant’s attorney stating the reason the requested relief is necessary on an emergency basis, and in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing counsel of the request for emergency relief. Failure to attach said affidavit(s) to the request for emergency relief shall be sufficient grounds for denial of same.

Applies to

Affidavit

When default is entered and fees are recoverable, attorney must present an affidavit detailing services, hours, rate, experience, and fairness of the fees.

When an order of default is obtained, if any fees are recoverable, at the Court’s discretion, the attorney shall present an affidavit stating the nature of the services performed, the number of hours spent, the attorney’s hourly rate, statement of the level of experience and expertise of the attorneys, and that number of hours spent and the hourly rate charged per hour are fair and reasonable according to the standards of the local community.

Applies to

Motion for final approval

A Motion for Final Approval of a class action must have an Introduction Section on its first page reciting enumerated items including actual class size, claims submitted, objections/exclusions, notice administration results, and settlement administrator costs.

To present a Motion for Final 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 actual class size; (iii) whether the settlement was a claims-made or an opt-out settlement for the class; (iv) the total settlement fund along with any cy pres recipient or reversion of the fund; (v) the amount of claims submitted by the class if it is a claims-made settlement along with the percentage of claims submitted compared to the entire class (if the motion for attorney's fees was filed before the claims deadline had passed, counsel for the class shall submit an updated affidavit from the settlement administrator with updated claims, objections, and/or exclusions once all of the deadlines have passed); (vi) the number of objections and/or exclusions; (vii) the amount each class member will receive; (viii) any injunctive relief and brief analysis as to value or benefit of said injunctive relief to the class or potential future class members; (ix) any specific details as to value of any coupons or vouchers; (x) confirmation that notice was disseminated as required in the Preliminary Approval Order; (xi) the success rate of the notice administration; (xii) the actual cost for the settlement administrator; and

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.

Applies to

Motion for preliminary approval

Must include

proposed order

A proposed Preliminary Approval Order must be submitted as an exhibit to the Motion for Preliminary Approval and must set specific proposed future dates.

A Proposed Preliminary Approval Order shall be submitted as an exhibit to any Motion for Preliminary Approval and shall have proposed specific future dates for notice to be disseminated, claims to be submitted, objections or exclusions to be submitted, final approval briefs and request for attorney's fees to be submitted, etc.

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.

Applies to

Verified petition

A verified petition executed by the minor's or ward's legal representative must be filed to settle a claim, reciting the occurrence, respondent, insurance carrier and policy limits, injuries and medical expenses, and a fairness recommendation.

(a) To settle any cause of action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent's estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence. (5) The petition shall contain a statement by the petitioner or the attorney for the petitioner as to the fairness of the offer and a recommendation as to whether the offer should be approved or rejected.

Applies to

Petition

A petition for receiver appointment must set forth sufficient facts, though the deficiency can be cured at an evidentiary hearing.

A petition for the appointment of a receiver shall set forth sufficient facts to warrant the appointment; mere conclusions will not suffice. However, failure to set forth such facts may be cured if the Court holds an evidentiary hearing on the petition and sufficient facts are adduced at that hearing.

Applies to

Motion

A receiver's attorney may be employed only by court order upon the receiver's written motion stating the reasons and naming the attorney.

An attorney for the receiver shall be employed only upon order of the Court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

Applies to

Petition for authorization

A verified petition for authorization as a civil surety must attach a certified license, verified statement of assets/liabilities, power of attorney, and verified schedules of pending actions and claims.

To obtain authorization to act as a civil surety in the Court, the applicant shall file a verified petition for authorization stating that the petitioner has complied with all applicable laws and regulations. There shall be attached to the petition: (1) A certified copy of the license issued to the petitioner, attested by the Director of Insurance; (2) A verified statement of its assets and liabilities at the close of business on the 31st day of December of the preceding year or at any subsequent date prior to the filing of the petition; (3) Power of attorney or certificates of authority for all persons authorized to execute bonds for the petitioner in the Court, in a form approved by the Court; (4) A verified schedule of all actions pending in any court against the petitioner at the time of the filing of the petition upon bonds executed by it in the courts of record in Illinois; the schedule shall state the title and number of the action, the names of the attorneys of record, the amount claimed, the nature of the claim, and the reasons for contesting the claim; and (5) A verified schedule of all claims of liability, not the subject of any pending action, which have been made against the petitioner and are undischarged at the time of the filing of the petition, upon bonds executed by the petitioner in the court of record in Illinois; the schedule shall state the name of the claimant, the amount claimed, the nature of the claim and the reasons for contesting the claim.

Applies to

Acknowledgment or affidavit

Acknowledgments and affidavits executed outside the state must be accompanied by a certificate of the proper keeper of records.

Acknowledgments and affidavits presented under Rule 12.03 which have been executed outside the State shall be accompanied by a certificate of the proper keeper of records, under the seal of the keeper of records’ office, stating that the person before whom the acknowledgment was made or by whom the oath was administered was duly authorized to take acknowledgments or to administer oaths, and that that person’s signature is believed to be genuine.

Applies to

Motion

A motion to require sureties to justify must be accompanied by an affidavit stating the grounds for believing the sureties are insufficient, the manner of inquiry, and the facts ascertained.

assured by a bond executed in this Court may by motion request the sureties to justify. The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry and the facts ascertained. If the

Applies to

Complaint

Complaints and summonses must display 'THIS IS AN ARBITRATION CASE' in upper case letters on 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.”

Applies to

Notice of rejection of award

Must include

certificate of service

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.

Applies to

Eviction mediation notice

Must include

caption, certificate of service

Eviction cases filed after September 20, 2021 must include a notice of the eviction mediation program in the prescribed form, including a 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):

Applies to

Summons

Residential eviction summonses must include a notice of available resources and a brochure, but failure to include them does not affect the court's jurisdiction.

A RESIDENTIAL TENANT NAMED AS A DEFENDANT HEREIN, YOU ARE FURTHER GIVEN NOTICE that there are resources available to assist you, including financial counseling services, legal assistance, and other resources, many of which are identified in the brochure being provided to you herewith (a copy of which may be found at https://www.dupageco.org/courts/ (b) However, consistent with S. Ct. Rule 101(g), failure to include the language or brochure above described on or with the summons shall not affect the jurisdiction of the court.

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.

Applies to

Financial affidavit

Parties in domestic relations proceedings must provide a completed Financial Affidavit in the Illinois Supreme Court-approved form.

In all Domestic Relations proceedings involving child support, children’s expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney fees, each party other than the Illinois Department of Healthcare and Family Services shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court.

Applies to

Mediation referral order

The Mediation Referral Order must include contact info, preparation instructions, and instructions for agreement and no-agreement paths.

The Court’s Mediation Referral Order for the Program shall include: (1) The Program’s contact information. (2) what each side should do to prepare for the same; (3) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (4) 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”).

Applies to

Complaint

Complaints in dissolution cases with minor children must be designated Petition for Dissolution of Marriage, Minor Children.

In all newly filed cases seeking dissolution or declaration of invalidity, if there are one or more minor children of the marriage at the time of filing, the complaint shall be designated “Petition for Dissolution of Marriage, Minor Children,” and the Clerk of the Circuit Court shall maintain such designation.

Applies to

Financial affidavit

Must include

certificate of service

When the Financial Affidavit is tendered, the tendering party must immediately file a certificate of compliance and proof of service; the Financial Affidavit itself must not be filed.

At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.

Applies to

Affidavit of venue

All parties except the Illinois Department of Healthcare and Family Services must sign an Affidavit of Venue confirming proper venue in DuPage County.

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.

Applies to

Motion for waiver of venue

When neither party resides in DuPage County, a written motion for waiver of venue must advise the Court the forum is improper and seek an order allowing waiver.

If neither of the parties resides in DuPage County, either or both of the parties must file a written motion advising the Court that the forum selected is not one of proper venue and seeking an appropriate order from the Court allowing a waiver of the venue requirements of Section 5/104 of the IMDMA.

Applies to

Prove up

Necessary prove-up documents include Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment (if applicable), and Child Support Calculation (if applicable).

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)

Applies to

Petition and motion

Petitions and motions must recite the statutory or case law basis for the relief sought; non-compliant filings may be stricken on the court's motion.

All petitions and motions shall include a recitation of the statutory or case law basis for said relief. Filings that fail to comply with this requirement may be stricken on the court’s motion.

Applies to

Emergency motion

An emergency movant must prove the emergency by showing prior notice to the opposing party with a supporting affidavit, inability to obtain a regular-call assignment within a reasonable time, and immediate irreparable injury absent relief.

The proponent of an alleged “emergency” matter shall have the initial burden of proving the emergency which burden shall include, at a minimum: (1) Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08; (2) 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; and (3) That immediate and irreparable injury, loss or damage will result if the relief is not granted.

Applies to

Rule to show cause petition

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.

Applies to

Hearing report

Contested hearings resulting in a final custody, parental responsibilities, or relocation order must be reported.

Every contested hearing which will result in a final custody or allocation of parental responsibilities or relocation order shall be reported.

Applies to

Parenting plan

An Allocation Judgment/Parenting Plan may enter as an Agreed Order if signed by both parties and must include all mandatory clauses (e.g., mediation provision).

The Allocation Judgment/Parenting Plan may enter as an Agreed Order following review as presumed to be in the best interest of the minor children if signed by both parties. All mandatory clauses shall be included within the Plan (e.g., mediation provision).

Applies to

Marital settlement agreement

The Marital Settlement Agreement must reference statutory calculation for child support and maintenance or specify the basis for deviation/waiver,and must explain any disproportionate distribution of marital property.

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.

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.

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.

Applies to

Complaint

Small claims complaints must use approved Clerk forms and include a statement of claim with the elements set forth in Supreme Court Rule 282.

The form of complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282 on approved forms provided by the Clerk of the Court.

Applies to

Itemized cost statement

Litigants seeking court costs must tender a written itemization of each cost and amount, plus a statement they were paid, at the time judgment is entered.

Any litigant seeking court costs shall, at the time judgment is entered, tender to the court, in writing, an itemization specifically and individually listing each and every cost incurred and the amount sought, together with a statement that these costs have been paid.

Applies to

Sentencing hearing

Social investigation reports and court-ordered evaluations are due three days before the sentencing hearing.

The following document shall be due three (3) days before the hearing: (i) Social investigation report under section 5-701 of the Juvenile Court Act; and (ii) Any court-ordered evaluations.

Applies to

Petition for probate handwritten will

A petition for probate of a handwritten will must include a typewritten copy of the will 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.

Applies to

Petition for probate non english will

A petition for probate of a non-English will must include a translation by a qualified translator who certifies the translation is correct.

With a petition for probate of a will in language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

Applies to

Petition for expenditure for ward

A guardian's petition for expenditure for a ward must be in writing and state the estate's value, available annual income, and the last authorization amount.

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.

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.

Applies to

Inventory

Each estate inventory must classify non-cash personal estate items as good, doubtful, or desperate and state the estate's total value, annual real estate income, and bond details.

Each inventory shall designate each item of personal estate other than cash and goods and chattels as “good,” “doubtful,” or “desperate,” and state the approximate total value of the decedent's personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

Applies to

Inventory

Inventory real estate descriptions must include the legal description, street and number, improvements and encumbrances, trustee identification for beneficial interests, and possession status of each parcel.

Descriptions of real estate shall include the legal description of each parcel, street and number, if any, the improvements and encumbrances. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, or if not, the reason the representative is not in possession. (See 755 ILCS 5/20-1, Probate Act)

Applies to

Guardian or temporary guardian account

A guardian or temporary guardian's account must state the ward's physical location and physical and mental condition.

An account of a guardian or temporary guardian shall state the physical location of the ward and the ward’s physical and mental condition.

Applies to

Guardian account

A guardian's account must state the ward's physical location and whether the ward attends school or has an occupation.

An account of a guardian shall state the physical location of the ward and the fact of attendance at school or occupation.

Applies to

Guardian or temporary guardian account

A guardian or temporary guardian's account must disclose any known pending suit or proceeding involving 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.

Applies to

Supporting affidavit

Petitioners defaulting a party via publication service must file a supporting affidavit detailing diligent search efforts.

Petitioners seeking to default any necessary party to an adoption proceeding based upon service by publication must file a supporting affidavit establishing factually the action taken that demonstrates honest and well directed efforts to ascertain the whereabouts of the person sought to be defaulted by such service.

Applies to

Affidavit

An affidavit of military service status must be filed for any person sought to be defaulted where the identity of a putative father is known.

An affidavit as to military service status of any named person sought to be defaulted must also be filed in all cases where the identity of a putative father has been made known to the Petitioner or any other party to the proceeding.

Applies to

Affidavit

When the biological mother executes a consent, she must contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support, which must be filed with the Court before entry of Judgment.

In addition, where the consent is executed by the biological mother, she shall also contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support. Such Affidavit of Identification and Affidavit of Non-Support shall be filed with the Court prior to the entry of Judgment and shall become a part of the Court record.

Applies to

Recommendation

In all adoption cases, the GAL must file a best-interests recommendation with the Court instead of an answer.

In all cases, in lieu of an answer, file with the Court a recommendation as to what is in the best interest of the child based upon a review of all available data.

Applies to

Pleading

A GAL supporting or opposing relief must file a proper pleading and serve copies on all parties.

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. Copies of such pleadings must be served on all parties as required by the applicable Rules.

Applies to

Petition

The GAL must petition the Court for an investigative report if a non-biological petitioner has known offenses involving abuse or felony conviction.

If no investigative report by a licensed agency has been required by the court or the separate social history investigation has been waived and it comes to the attention of the GAL that a petitioner who is not the biological parent of the adoptee has committed any offense involving sexual abuse of any person, physical abuse or abandonment of a child, or been convicted of any felony offense as defined by the laws of the jurisdiction in which it occurred, the GAL shall petition the Court to order an investigative report prior to the entry of a judgment of adoption.

Applies to

Petition for fees

The GAL must submit a Petition for Award of Fees and Costs with supporting billing records before entry of the adoption judgment.

Prior to the entry of Judgment for Adoption, the GAL shall prepare and submit to the Court a Petition for Award of Fees and Costs, with supporting billing records or invoices.

Applies to

Verification

Adoption judgment cannot be entered until appeal rights of each parent are exhausted, which must be established by petitioner’s counsel.

In adoption cases where the parental rights of a biological or legal parent have been terminated in a Juvenile Court proceeding, this Court is unable to enter a Judgment of Adoption until the appeal rights of each such parent have been exhausted. This must be established by counsel for the petitioner(s).

Applies to

Proposed judgment

Must include

proposed order

Counsel must submit a proposed Judgment of Adoption to the Court and GAL.

Counsel for the Petitioner shall, two (2) business days prior to the date for entry of Judgment, submit to the Court and the GAL a proposed Judgment of Adoption.

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.

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.

Applies to

Petition

The adoption petition must be filed by the person(s) seeking to adopt the child.

The petition shall be filed by the person(s) seeking to adopt the child.

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.

Applies to

Motion

Must include

caption

Applications for relief must be made by motion, and the motion's title must indicate the relief sought and the applicable Code of Criminal Procedure or Supreme Court Rule section.

Unless otherwise dictated by statute or Supreme Court Rule, any application for an order or other relief shall be made by filing a motion. The title to each motion shall indicate the relief sought and the applicable section of the Code of Criminal Procedure or Supreme Court Rule.

Applies to

Notice of motion

Must include

caption, judge name, case number

Motions not filed in open court must be accompanied by a notice of motion specifying the judge, title and number, date, time, courtroom, and purpose including relief.

Every motion which is not filed in open court shall be accompanied by a notice of motion. The notice shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the date when the motion will be presented, the time it will be presented, the courtroom where it will be presented, and the purpose of the motion, including the requested relief.

Applies to

Motion

Every motion and each basis must identify the applicable Code of Criminal Procedure section or Supreme Court Rule number.

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.

Applies to

Speedy trial demand

Must include

caption, case number

A speedy trial demand must be in writing with a proper caption and case number, signed and dated by the defendant or the defendant's attorney.

All demands for trial, pursuant to the Code of Criminal Procedure [725 ILCS 5/103-5(b)], shall be made in the following manner: (1) In writing with proper caption and case number signed and dated by the defendant or the defendant’s attorney;

Applies to

Speedy trial demand

Must include

certificate of service

A copy of the speedy trial demand must be filed with the Clerk with proof of service on the State's Attorney.

(3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State’s Attorney.

Applies to

Speedy trial demand

Compliance with Rule 30.06 is mandatory; a non-compliant speedy trial demand will not be recognized unless the State had actual notice and the interests of justice require recognition.

The requirements of Rule 30.06 are mandatory and a demand for trial that does not comply with the foregoing shall not be recognized unless the Court finds that the State had actual notice of defendant’s trial demand and that the interests of justice require recognition of such demand.

Applies to

Notice of appearance

An attorney for a defendant in a felony or misdemeanor case must file a written appearance and serve it upon the prosecution before addressing the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

Applies to

Jury waiver

If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.

If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.

Applies to

Expungement petition

A petition to expunge felony or misdemeanor arrest records must be in writing and brought before the Presiding Judge of the Felony or Misdemeanor Division.

Any petition to expunge records of felony or misdemeanor arrest from official records pursuant to 20 ILCS 2630/5.2 or 730 ILCS 5/5-6-3.1 shall be in writing and shall be brought before the Presiding Judge of the Felony Division or of the Misdemeanor Division, respectively, who may, in the Presiding Judge’s discretion, enter an order expunging the record of arrest.

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.

Applies to

Warrant

Every warrant of arrest must conform to statutory requirements and issue on the approved form.

Every warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-9 of the Code of Criminal Procedure and shall issue on the appropriate approved form.

Applies to

Summons

Every summons issued in lieu of a warrant of arrest must conform to statutory requirements 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.

Applies to

Search warrant

Every search warrant must be supported by a complaint written on the approved form.

Every search warrant shall be supported as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure by a complaint written on the appropriate approved form.

Applies to

Transcript

Transcripts generated from electronic recording systems must include a specific certification attesting to their accuracy and referencing the operator's certification.

Transcripts generated from the electronic recording systems shall be prepared in accordance with applicable statutory authority, rule and administrative regulation and shall utilize the following certification: I, __________, certify the foregoing to be a true and accurate transcript of the electronic recording of the proceeding of the above-entitled cause, which recording contained the operator's certification as required by Local Rule 1.03(b)(2).

Applies to

Appearance

Attorneys must file an appearance with the Clerk before addressing the Court, and the Clerk's appearance fee is waived in matters involving post-trial judgment enforcement motions.

All attorneys shall file an appearance with the Clerk before addressing the Court on behalf of any represented party. If the matter involves a post-trial motion for the enforcement of a judgment, an appearance fee charged by the Clerk shall be waived.

Applies to

Notice of hearing

The hearing notice to a delinquent juror must disclose that the jury commissioners intend to file a Petition for a Rule to Show Cause if the juror fails to appear.

Such notice will inform the person of the jury commissioners’ intent to petition for a Rule to Show Cause with the Chief Judge upon failure to appear.

Applies to

Petition for rule to show cause

Each Petition for a Rule to Show Cause must identify the delinquent juror by name and address and state the dates of jury service the juror failed to appear for.

The jury commissioners shall state in the Petition for a Rule to Show Cause the name of each delinquent juror against whom a Rule to Show Cause is requested, together with the delinquent juror’s address and the dates of jury service upon which the person failed to appear.

Applies to

Answer

Answers admitting substantive allegations must be made personally by parties in open court; denials may be made by counsel unless the court orders otherwise.

Answers admitting substantive allegations shall be made personally by the parties in open court. Denials may be made by counsel on behalf of parties, unless the court orders otherwise.

Applies to

Electronically filed document requiring original signature

Filing a document that requires an original signature certifies that the original signed document is in the filer’s possession.

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.

Applies to

Original signed document

Filers must retain signed originals until one year after judgment is final, allow inspection on five days’ notice, and provide hard copies to the Clerk within five business days of request.

Unless otherwise ordered by the Court, the filing party must retain the original document as signed either conventionally or electronically, until one year after the date that judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review. The filing party shall make those signed originals available for inspection by the Court, the Clerk of the Court or by other counsel in the case, upon five (5) days’ notice. At any time, the Clerk of the Court may request from the filing party a hard copy of an electronically filed original document, which shall be provided within five (5) business days upon reasonable notice.

Applies to

Electronically filed pleading

Must include

caption, case number

Every electronically filed pleading and document must include the case title, case number, and the nature of the document.

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

Applies to

Electronically filed document

Electronically filed documents must include the typed name, email address, address, and telephone number of the filing attorney or pro se party, and attorneys must include their DuPage County Attorney Number.

(b) Each electronically filed document shall also include the typed name, email address, address, and telephone number of the attorney or pro se party filing such document. Attorneys shall include their DuPage County Attorney Number on all documents.

Applies to

Exhibits filed separately

Exhibits filed separately from their associated document must use the required exhibit cover sheet under Rule 5.06(b).

Exhibits filed separate from their associated document must use the exhibit cover sheet defined in Rule 5.06(b).

Applies to

Mediation progress report

The mediation progress report must be submitted on the Court-approved form.

The Program shall report to the Court on the progress of mediation within ten days, but in no event after the assigned status date.

Applies to

Petition

The petition must contain all allegations required by the Illinois Adoption Act.

The petition shall contain all allegations required by the Illinois Adoption Act.

Applies to

Medical certificate

The petition must include a current medical certificate or letter from the attending physician stating injuries and prognosis, unless otherwise the Court may waive this requirement upon good cause shown.

A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph and upon good cause shown.

Applies to

Sworn petition

Attorney fees in minor or ward personal injury settlements are capped at 25% of the gross settlement unless the sworn petition recites the work and hours involved or special circumstances justifying a higher fee.

(e) As of the date of the minor’s or ward’s personal injury case, an attorney allowance was no exception. An allowance for attorney fees shall not exceed 25% of the gross settlement amount unless the attorney representing the minor or ward in a sworn petition recites the work and hours involved or other special circumstances which would cause a higher attorney’s fee to compensate the attorney fairly, in which case the Court may fix the fee in excess of the 25% limitation.

Applies to

Order appointing receiver

A court may appoint an otherwise disqualified receiver only by order stating reasons, and such receiver serves without compensation unless the Court orders otherwise for good cause.

(c) Exception. If the Court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under Section (a) of Rule 11.01 may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule. A receiver so appointed shall serve wholly without compensation, unless otherwise ordered by the Court upon good cause shown.

Applies to

Petition for appointment of receiver

A petition to appoint a receiver must state sufficient facts; conclusory allegations may be cured by an evidentiary hearing.

A petition for the appointment of a receiver shall set forth sufficient facts to warrant the appointment; mere conclusions will not suffice. However, the failure to set the forth facts may be cured if the Court holds an evidentiary hearing on the petition and sufficient facts are adduced at that hearing.

Applies to

Motion to employ receiver attorney

A receiver must employ counsel only by court order issued after a written motion stating the reasons and naming the attorney.

An attorney for the receiver shall be employed only upon order of the Court by proper written motion of the receiver stating the reasons for the requested employment and naming the attorney so employed.

Applies to

Inventory

The inventory must be accompanied by a list of the estate's known liabilities unless the Court orders otherwise.

Unless the Court orders otherwise, the receiver must file with the inventory required by Rule 11.03(a) a list of the then known liabilities of the estate.

Applies to

Inventory

When no appraisers are appointed, the receiver must investigate and list the value of each estate property in the inventory.

If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

Applies to

Schedule of property

Sureties on personal-surety bonds must execute and file property schedules in a court-approved form unless excused.

Bonds with personal sureties shall be approved by the Court. Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

Applies to

Surety bond

Corporate surety bonds are approved only if the surety's authority is on file with the Clerk and authorized-execution documents are attached to the bond.

Bond with a corporation orassociation licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety's authority to transact business in the State, as issued by the Director of Insurance, is on file with the Clerk of the Court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

Applies to

Schedule of property

The Court may require a personal surety to execute a schedule of property in a Court-approved form.

The Court may require that any personal surety execute a schedule of property in a form approved by the Court.

Applies to

Foreign acknowledgment or affidavit

Out-of-state acknowledgments and affidavits must include a sealed keeper-of-records certificate verifying the officer's authority and signature.

Acknowledgments and affidavits presented under Rule 12.03 which have been executed outside the State shall be accompanied by a certificate of the proper keeper of records, under the seal of the keeper of records’ office, stating that the person before whom the acknowledgment was made or by whom the oath was administered was duly authorized to take acknowledgments or to administer oaths, and that that person’s signature is believed to be genuine.

Applies to

Return

The return must contain the same information required for an original petition seeking authorization to act as a surety.

The return shall contain the information required by Rule 12.04 for original petition for authorization to act as surety.

Applies to

Motion

A motion to require sureties to justify must be accompanied by an affidavit stating the grounds for suspecting sureties are insufficient, the manner of inquiry, and the facts found.

The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry and the facts ascertained.

Applies to

Witness statement

Witness statements must include the name, address, and telephone number of the witness.

Statements of witnesses shall set forth the name, address, and telephone number of the witness.

Applies to

Arbitration award

The arbitration award must be marked so the $500 rejection fee for awards over $30,000 is clear to attorneys and litigants.

The arbitration award shall be marked in such a manner as to make this clear to all attorneys and litigants.

Applies to

Settlement agreement

Any settlement agreement reached at mediation must be reduced to writing and signed by the parties or their authorized representatives at the close of the mediation session.

If an agreement is reached to settle the case in whole or in part, the agreement must be reduced to writing and signed by the parties or their agents at the end of the mediation.

Applies to

Settlement order

A settlement or other dispositive order must be submitted in writing to the Court on or before the scheduled mediation conference date.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties or any appointed CASA shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date.

Applies to

Guardianship help desk disclaimer

Self-represented litigants must sign the Guardianship Help Desk disclaimer before receiving assistance from a volunteer attorney.

Before receiving assistance from the Guardianship Help Desk volunteer attorney, each self-represented litigant will execute a disclaimer, a copy of which will be provided on the 18th Judicial Circuit Court Website and the DuPage County Circuit Court Website.

Applies to

Confidentiality agreement

Before mediation proceeds, the mediator must require the parties to execute a confidentiality agreement and complete a screening for impediments to mediation.

The mediator shall require the parties to execute a confidentiality agreement and complete a screening to determine if an impediment to mediation exists.

Applies to

Mediation report

The Mediation Report must include the specific information required by the section entitled 'Program Reporting Requirements.'

On or before the status date, the mediator shall submit a Mediation Report, which shall include the information listed in this rule under the section entitled “Program Reporting Requirements,” to the Court, the parties, and their respective attorneys.

Applies to

Settlement notice

Upon settlement or withdrawal, the parties must immediately provide written notice to the Judge, submit the written settlement or dispositive order by the status date, and notify the Program that mediation will not proceed.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference status date. The parties shall also notify the Program that the mediation will not take place as scheduled.

Applies to

Notice of appeal

Notices of appeal must be submitted in the form approved by the Clerk.

Notices of appeal should be made in an approved form provided by the Clerk.

Applies to

Petition

Petitions and motions must be in the approved legal form and begin with a title accurately describing their contents.

All petitions and motions submitted to the Court in domestic relations cases shall be substantially in the approved form provided by law and shall begin with a title that accurately describes the contents of the petition or motion.

Applies to

Notice

The notice for a motion must state that the motion will be presented on the date specified in the notice.

The notice provided shall state that the motion will be presented on the date specified in the notice.

Applies to

Appearance

The appointed GAL/Child Representative/Attorney for the Child must promptly file an appearance on behalf of the minor.

The Guardian Ad Litem/Child Representative/Attorney for the Child appointed in this cause shall promptly file his or her appearance on behalf of the minor

Applies to

Affidavit

If judgment not presented by the deadline, the Court may require an affidavit from counsel explaining the failure; non-payment of attorney fees is not good cause.

If the judgment resolving a domestic relations matter is not presented for entry on or before the date provided under paragraph (e), above, then before entry of the judgment, the Court may require an affidavit from counsel as to the reason for failure to comply. Non-payment of attorney fees will not be recognized as good cause.

Applies to

Pre judgment court costs itemization

At judgment entry, a litigant seeking costs must file a written detailed itemization of each cost; the court will only judicially notice the filing fee and certified mail cost.

Any litigant seeking court costs shall, at the time judgment is entered, tender to the court, in writing, an itemization specifically and individually listing each and every cost incurred and the amount sought, together with a statement that these costs have been paid. The Court will only take judicial notice of the filing fee and certified mail cost.

Applies to

Special assessment roll

A true and correct copy of each special assessment roll must be filed with the Clerk of the Circuit Court.

With each roll spreading a special assessment, there shall be filed with the Clerk of the Circuit Court a true and correct copy of said roll, which copy the Clerk of this Court may certify to the Village or City Collector for collection of said assessment.

Applies to

Mediation order

Referrals to mediation must be made through a child protection mediation order.

Referrals to mediation shall be made through a child protection mediation order.

Applies to

Intake form

All individuals expected to participate in mediation must complete and submit intake forms prior to the initial session.

All individuals expected to participate in mediation sessions must complete intake forms and submit them prior to the initial session.

Applies to

Mediation report

The mediation report must state whether parties appeared, the type of agreement reached, whether mediation occurred (and if not, why, whether informal discussion was facilitated, and whether the case will be reset), and whether mediation was deemed inappropriate.

The mediation report shall include: (A) Whether the parties appeared; (B) Whether a full, partial, temporary, or no agreement was reached; (C) Whether mediation occurred, was postponed, or did not occur. If mediation did not occur, the mediation report shall inform the court why it did not occur, whether an informal discussion was facilitated among the parties in attendance, and whether the case has been or shall be reset for mediation; and (D) Whether mediation was deemed inappropriate.

Applies to

Memorandum of agreement

Executed mediation agreements must be tendered to the court for approval and are only fully enforceable once the court approves and enters them as an order.

Any executed Memorandum of Agreement shall be tendered to the court for approval. Only once the court approves and enters the Memorandum of Agreement as an order is it fully enforceable by the court.

Applies to

Appeal bond

Appeal bonds must be entered using the Clerk's approved form when applicable.

Appeal bonds, where appropriate, shall be entered in an approved form provided by the Clerk.

Applies to

Request for access

Requests for access to juvenile proceedings must use the form in Appendix D.

Any interested person or agency shall, no later than seven (7) days before the hearing, make a request for access to the juvenile proceeding using the form found in Appendix D.

Applies to

Objection to admission

Party objections to admission must use the form in Appendix D.

A party objecting to the admission of an interested person or agency shall file its objection no later than three (3) days before the hearing using the form found in Appendix D.

Applies to

Objection to admission

Witness objections to admission must use the form in Appendix D.

A witness objecting to the admission of an interested person or agency shall file his or her objection no later the three (3) days before the hearing using the form found in Appendix D.

Applies to

Inventory

Inventory items must be numbered consecutively starting with Arabic 1 and carried forward into each account.

Consecutive item numbers, commencing with Arabic "1," shall be assigned to each item inventoried and carried forward into each account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts.

Applies to

Inventory

Real estate descriptions in inventories must include legal description, street and number, improvements, encumbrances, trustee information for beneficial interests, and possession status.

Descriptions of real estate shall include the legal description of each parcel, street and number, if any, the improvements and encumbrances. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, or if not, the reason the representative is not in possession. (See 755 ILCS 5/20-1, Probate Act)

Applies to

Inventory

Stock, bond, debenture, and note descriptions in inventories must include specified identifying details.

Descriptions of stock shall include the number of shares, class of stock, exact corporate title, and state of incorporation if necessary for the purposes of identification. Description of bonds and debentures shall include the total face value, name of obligor, kind of bond or debenture, rate of interest, date of maturity, interest dates, coupons attached or date which interest is paid, and endorsements. Descriptions of notes owed to the decedent shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements, and if secured, a description of the security.

Applies to

Inventory

Partnership interest descriptions in inventories must include partnership name, address, and approximate estate interest.

Descriptions of partnership interest shall include the partnership name and address and the approximate interest of the estate, if known.

Applies to

Inventory

Encumbered property in inventories must include a description of the encumbrance and principal balance owing at date of death.

If any real estate or tangible or intangible personal property is encumbered, the inventory shall include a brief description of the encumbrance and the principal balance owing at the date of death.

Applies to

Inventory

Cause of action descriptions in inventories must include the defendant's name, nature, and if suit is pending, the case title, court, and case number.

Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, name of the court where pending and the case number.

Applies to

Account

Each asset in an account must be designated by the number from the inventory or prior account where it first appeared, unless the account uses a mechanized accounting system.

Each asset listed in an account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears, but this requirement does not apply if the account is prepared and controlled by mechanized accounting system.

Applies to

Account

Each disbursement in an account must be numbered and supported by a voucher; vouchers must be numbered, arranged in order, securely fastened under a separate cover, and filed with the account.

Each disbursement stated in an account shall be numbered and supported by a voucher. Vouchers shall be numbered and arranged in the order of the disbursements, securely fastened together under a separate cover, and filed with the account.

Applies to

Notice

The notice must contain the time, place, and nature of the hearing.

The notice shall contain the time, place and nature of the hearing and

Applies to

Request for extended media coverage

Media coverage requests must use the form prescribed in Appendix C.

The form of a request for extended media coverage shall be as prescribed in “Appendix C.”

Applies to

Objection to extended media coverage

A party's objection to media coverage must use the form prescribed in Appendix C.

The form of a party’s objection to extended media coverage shall be as prescribed in “Appendix C.”

Applies to

Motion

Any application for relief must be made by filing a motion, and the motion's title must indicate the relief sought and the applicable Code of Criminal Procedure or Supreme Court Rule section.

Unless otherwise dictated by statute or Supreme Court Rule, any application for an order or other relief shall be made by filing a motion. The title to each motion shall indicate the relief sought and the applicable section of the Code of Criminal Procedure or Supreme Court Rule.

Applies to

Notice of motion

Every motion not filed in open court must be accompanied by a notice of motion designating the judge, title and number, presentation date, time, courtroom, and purpose including requested relief.

Every motion which is not filed in open court shall be accompanied by a notice of motion. The notice shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the date when the motion will be presented, the time it will be presented, the courtroom where it will be presented, and the purpose of the motion, including the requested relief.

Applies to

Motion

Every motion and each basis 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.

Applies to

Jury trial waiver

A defendant's jury-trial waiver must be made in open court and may be evidenced by executing the Clerk's approved waiver form.

If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.