18th Judicial Circuit Court, DuPage County Document Filing Requirements

WARNING

Applies to

Notice of motion

Must include

judge name, case number

Motions not filed in open court must be accompanied by a notice of motion designating the judge, case 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.

WARNING

Applies to

Motion for leave to exceed page limit

Motions seeking to exceed the page limit are disfavored and must be supported by an affidavit setting forth specific grounds showing the necessity for excess pages.

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion.

WARNING

Applies to

Motion

Every motion and each ground stated in it must identify the Code of Civil Procedure section or Supreme Court Rule number under which it is brought.

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.

WARNING

Applies to

Transcript

Transcripts from electronic recording systems must include the specified certification language.

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).

WARNINGCivil cases

Applies to

Order

The order approving settlement must provide for distribution of the funds and for filing vouchers evidencing receipt of the funds with the Court within a time the Court prescribes.

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.

WARNING

Applies to

Payment receipt

When the payment period is extended, the Clerk must give the defendant a written receipt for any funds received toward fines and costs.

In the event that the Clerk of the Court or the Clerk’s designee extend the satisfaction of assessment, the Clerk or the Clerk’s designee shall, at the time the satisfaction period is extended, deliver to the defendant a written receipt for any funds received from the defendant which are to be applied to fines and costs.

WARNING

Applies to

Mediation report

The Program must submit a Mediation Report to the Court on or before the status date and provide copies to the parties, counsel, CASA, or GAL.

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.

WARNING

Applies to

Objection

A party's objection to extended 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.”

WARNING

Applies to

Guardianship account

When presenting an account, the guardian 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.

WARNINGCivil cases

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 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.

WARNING

Applies to

Confidentiality agreement

Mediators must require the parties to execute a confidentiality agreement and complete a screening for mediation impediments.

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

WARNINGCivil cases

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.

WARNING

Applies to

Pleading

Pleadings with multiple counts or affirmative defenses must give each count or defense a short title stating the theory of liability.

If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a short title concisely stating the theory of liability or

WARNING

Applies to

Petition for adoption

In co-parent adoptions, the petition for adoption must include information about the length, nature, and character of the petitioners' relationship.

In all matters where two unmarried persons seek to adopt a child who is not related to either person (a co-parent adoption), the petitioners shall comply with the provisions of the Adoption Act and this Rule 21 of the Circuit Court for the Eighteenth Judicial Circuit. In addition, the petitioners, in the petition for adoption, shall provide the court with information about the length, nature, and character of the petitioners' relationship.

WARNING

Applies to

Request for media coverage

The request for extended media coverage must use the form prescribed in Appendix C.

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

WARNING

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.

WARNING

Applies to

Guardianship accounting

Guardians of the Estate of disabled adults must provide the Court an annual accounting of the ward's finances; the Court may extend or excuse the accounting.

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.

WARNING

Applies to

Guardian report

Guardians of the Person for minor wards must file a biennial report on the ward's condition, with the first report due within twelve months of appointment.

(a) 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.

WARNING

Applies to

Objection

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

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

WARNINGCriminal cases

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.

WARNING

Applies to

Guardianship account

A guardian's account must state the ward's physical location and 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.

WARNINGCivil cases

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.

WARNING

Applies to

All documents

All citations in court submissions must comply with Supreme Court Rule 6.

All citations shall be in conformity with Supreme Court Rule 6.

WARNING

Applies to

Mediation agreement

The parties must present their mediated agreement to the Court for entry as an Order; mediated agreements are not binding unless entered as a Court order.

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.

WARNINGCivil cases

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

WARNING

Applies to

Court costs itemization

A litigant seeking court costs must, at judgment, give the court a written itemization of every cost and a statement that the costs have been paid.

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.

WARNING

Applies to

Petition for adoption

In second parent adoptions, the petition for adoption must include information about the length, nature, and character of the petitioners' relationship.

In matters where a person seeks to adopt the child of another person, and said persons are not married to one another (a second parent adoption), the petitioners shall comply with the provisions of the Adoption Act and this Rule 21 of the Circuit Court for the Eighteenth Judicial Circuit. In addition, the petitioners, in the petition for adoption, shall provide the court with information about the length, nature, and character of the petitioners' relationship.

WARNING

Applies to

Temporary relief petition

In temporary relief proceedings, the moving party must provide the Financial Affidavit to opposing counsel under Local Rule 15.05.

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.

WARNING

Applies to

Electronic document

Must include

caption, case number

When dividing an oversized document, the filer must place a cover page on each part providing the case number, case title, and part number (e.g., 1 of 4, 2 of 4).

In such case, the user will be responsible for dividing the document into appropriately sized parts and placing a cover page on each document providing the case number, case title, and part number (i.e., 1 of 4, 2 of 4, etc.).

WARNING

Applies to

Guardianship accounting

Guardians of the Estate of minor wards must provide the Court an annual accounting of the ward's finances; the Court may extend or excuse the accounting.

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.

WARNINGCivil cases

Applies to

Petition

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.

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.

WARNING

The appointed GAL must promptly file an appearance on behalf of the minor child(ren).

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 child(ren).

WARNING

Applies to

Adoption petition

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

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

WARNINGCivil cases

Applies to

Motion

Each motion's title must indicate 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.

WARNING

Applies to

Inventory

Inventory items must be numbered consecutively beginning with Arabic 1, with numbers carried forward into later accounts and supplemented for newly added 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.

WARNING

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.

WARNING

Applies to

Bond

A bond with a licensed surety company is approved only if a current certified copy of the surety's authority is on file with the Clerk and verified powers of attorney or certificates of authority are attached to the bond.

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.

WARNING

Applies to

Adoption investigative report

Investigative reports in adoption cases must follow the DCFS format and be dated within 12 months of the Petition for Adoption filing.

All investigative reports prepared by licensed child welfare agencies and the Department of Court Services shall comply with the format for such reports as established by Administrative Order of the Illinois Department of Children and Family Services and be dated not later than twelve months prior to the date of the filing of the Petition for Adoption.

WARNING

Applies to

Inventory

Inventories must briefly describe any encumbrance on real or personal property and state the principal balance owing at the 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.

WARNING

Applies to

Complaint

Complaint form must include a statement of claim setting forth the elements provided in Supreme Court Rule ̃282.

of the complaint. (b) 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

WARNING

Applies to

Arbitration decision

The arbitration panel must issue a written decision stating the amount in dispute, whether and to whom monies are due, and the amount due, and must send a copy to the parties within a reasonable time after the hearing.

The panel shall issue its decision in writing. The decision shall include a clear statement of the amount in dispute, whether and to whom monies are due, and in what amount, and shall be sent to the parties within a reasonable time after the hearing.

WARNING

Applies to

Adoption consent

Adoption consents and information-exchange authorization must be taken before a person authorized by administrative order.

Consorts to adoptions, acknowledgments/s of information exchange authorizations and denial of exchange authorizations shall be taken before a person authorized by administrative order to take such consents.

WARNING

Applies to

Annual accounting

Guardians of the Estate for minor wards must provide the Court with an annual accounting of the ward's finances.

(b) 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.

WARNING

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.

WARNING

Applies to

Routine motion

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.

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

Applies to

Mediation report

After mediation concludes, the mediator must provide the Program with the information needed to complete the court-approved Mediation Report and comply with other reporting requirements.

Following the conclusion of mediation, the mediator shall provide the Program with the information necessary for the Program to complete the court approved Mediation Report. The mediator shall also comply with any other reporting requirements provided for hereunder.

WARNINGCivil cases

Applies to

Motion

Every motion and each basis must identify the Code of Civil 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 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.