18th Judicial Circuit Court, DuPage County Document Filing Requirements

WARNINGCriminal cases

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.

WARNING

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.

WARNINGCivil cases

Applies to

Notice of motion

Must include

judge name, case number

The notice of hearing or presentment must designate 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.

WARNING

Applies to

Electronically filed document

Must include

caption, case number

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

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

WARNING

Applies to

Financial affidavit

The Financial Affidavit must be supported by documentary evidence such as tax returns, pay stubs, and bank and credit card 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.

WARNING

Applies to

Withholding order

Withholding orders must use the approved form from the Clerk's office and be accompanied by the Clerk's child support order if payments go through the Clerk.

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.

WARNING

Applies to

Motion

Any communication to the Court by either the Petitioner or Intermediary should also be sent to the other person and should be styled as a Motion or Petition requesting the Court’s official action.

Any communication to the Court by either the Petitioner or Intermediary should also be sent to the other person and should be styled as a Motion or Petition requesting the Court’s official action.

WARNINGCivil cases

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, 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.

WARNING

Applies to

Mediation agreement

Any agreement reached in mediation must be reduced to writing and signed by the parties or their agents at the end of the mediation.

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.

WARNING

Applies to

Inventory

Inventories must classify personal estate items as good, doubtful, or desperate and state the total personal estate 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.

WARNING

Applies to

Settlement agreement

Any mediation settlement agreement must be in writing, signed by the parties or their agents, and submitted by the mediator to the Eviction Mediation Program Coordinator.

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. The Mediator shall submit the executed agreement to the Eviction Mediation Program Coordinator.

WARNING

Applies to

Attorney registration

Every attorney practicing before this Court must register with the Clerk and obtain an attorney registration identification number.

Every attorney at law practicing before this Court shall register with the Clerk of the Circuit Court and obtain an attorney registration identification number.

WARNING

Applies to

Settlement agreement

Must include

proposed order

Mediated agreements must be reduced to writing, signed by the parties or their agents, and presented to the Court for entry as an Order to be binding.

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. The mediator shall submit the executed agreement to the Small Claims Mediation Coordinator. 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.

WARNING

Applies to

Settlement petition

Must include

proposed order

Settlement petitions 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.

WARNING

Applies to

Mediation referral order

Corporations referred to mediation must be represented by an individual with full settlement authority.

If either of the parties is a corporation, that party must be represented by an individual with full authority to negotiate a settlement on behalf of the party.

WARNING

Applies to

Petition for fees

Requests for fees must be made by a verified Petition or supported by an affidavit detailing time and work; the petition should also include a copy of the Affidavit of Assets and Liabilities 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.

WARNING

Applies to

Motion

Must include

caption

On all documents presented for consolidation, captions of all involved cases must appear with the case proposed 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.

WARNING

Applies to

Inventory

A receiver must file a list of the then known liabilities of the estate together with the inventory.

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

WARNING

Applies to

Mediation report

The mediator must immediately advise the Program, which must immediately inform the Court in writing via a Mediation Report, if mediation is suspended or terminated or a party fails 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.

WARNING

Applies to

Exhibit list

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

(e) This rule applies equally to all types of cases heard in the 18th Judicial Circuit. Litigant/attorney shall provide a copy of their exhibit list(s) to the courtroom clerk at the commencement of the trial.

WARNING

Applies to

Petition for award of fees and costs

The GAL must prepare and submit a Petition for Award of Fees and Costs with supporting billing records before entry of Judgment for Adoption.

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.

WARNING

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.

WARNING

Applies to

Out of state travel authorization

Out-of-state travel under a Probation Certificate may be approved for up to 30 days, but each authorization must be in writing.

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.

WARNING

Applies to

Trial memorandum

Each party must provide a trial memorandum containing contested and uncontested issues, income, assets and liabilities, stipulations, witness list, and probable trial length.

Each party shall tender a trial memorandum to the trial judge and opposing counsel. 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.

WARNING

Applies to

Mediation referral order

The Court’s Mediation Referral Order must include instructions on mediation logistics and preparation, how the case proceeds if an agreement is reached, and how it proceeds if no agreement is reached — including a required return date designated STATUS or TRIAL.

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 in the referral order is for “TRIAL”).

WARNING

Applies to

Complaint

are one or more minor children of the civil union at the time of filling, the complaint shall be designated "petition for Dissolution of Civil Union, Minor Children," and the Clerk of the Circuit Court shall maintain such designation.

are one or more minor children of the civil union at the time of filling, the complaint shall be designated "petition for Dissolution of Civil Union, Minor Children," and the Clerk of the Circuit Court shall maintain such designation.

WARNING

Applies to

Expungement petition

Petitions to expunge felony/misdemeanor arrest records must be in writing and brought before the Presiding Judge.

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.

WARNINGCivil cases

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.

WARNING

Applies to

Voucher

The case must be continued to a specific date for filing the financial institution voucher, which must acknowledge receipt of funds and the approval order and, for minor settlements, include express language prohibiting withdrawals without court order.

The Court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. 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 made from this account, unless authorized by order of Court, at any time prior to (date

WARNINGCivil cases

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.

WARNINGCriminal cases

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, who has discretion to enter the expungement order.

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.

WARNING

Applies to

Mediation agreement

Any mediated agreement must be reduced to writing and signed by the parties or their agents at the end of the mediation.

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.

WARNINGCivil cases

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.

WARNING

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.

WARNING

Applies to

Receiver appointment petition

A petition for appointment of a receiver must set forth sufficient facts to warrant the appointment; mere conclusions are insufficient, though the defect may be cured at an evidentiary hearing.

(d) 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.

WARNING

Applies to

Affidavit of assets and liabilities

An Affidavit of Assets and Liabilities must be completed and presented to the Court for review when a party seeks 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.

WARNINGCivil cases

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

WARNING

Applies to

Petition

Petitions for Emergency Orders of Protection must be presented before a judge in Court to take effect; merely filing does not grant protection, and failure to present within 60 days may result in dismissal for want of prosecution.

Any party filing a Petition for an Emergency Order of Protection under the Illinois Domestic Violence Act, Stalking No Contact Act, Civil No Contact Act, Criminal Protective Order Act, and/or Firearms Restraining Oder Act shall be required to present the Petition before a judge in Court in compliance with all other applicable local rules, statutes, standing orders, and case law governing same. Merely filing a Petition does not grant any party protection without a hearing. If the Petitioner fails to appear in Court and present a Petition to be ruled upon by a judge within sixty (60) days of filing, the case may, at the discretion of the assigned judge, be dismissed for want of prosecution.

WARNING

Applies to

Exhibits

Documents or exhibits filed separately due to size limits must be filed with the DuPage Exhibit Cover Sheet (Form 4393); exhibits without the cover sheet 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.

WARNING

Applies to

Consolidated case documents

Must include

caption

While a consolidation remains in effect, all court documents must bear the captions of all consolidated cases, with the principal case caption at the bottom and the transferred case caption at the 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.

WARNING

Applies to

Petition and motion

Petitions and motions in domestic relations cases must use the approved legal form and begin with a title that accurately describes 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.

WARNING

Applies to

Motion

Petitions and motions in domestic relations cases must be in the approved 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.

WARNING

Applies to

Objection to extended media coverage

The form for a witness's objection to extended media coverage must be as prescribed in Appendix C.

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

WARNING

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).

WARNING

Applies to

Inventory

A receiver must file a list of known estate liabilities together with the inventory unless the Court orders otherwise.

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

WARNING

Applies to

Order for admission

An order for admission of 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.

WARNINGCivil cases

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.

WARNING

Applies to

Notice of appeal

Notices of appeal should be prepared on an approved form supplied by the Clerk.

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

WARNINGCivil cases

Applies to

Pleading

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. Rule 6.03 does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134, provided that the pleading remains readily comprehensible.

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. Rule 6.03 does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134, provided that the pleading remains readily comprehensible.

WARNING

Applies to

Pretrial memorandum

The Child Representative must disclose their position in a pretrial memorandum.

To disclose the Child Representative's position in a pretrial memorandum.