18th Judicial Circuit Court, DuPage County Document Filing Requirements

WARNING

Applies to

Pleading

When a pleading involves multiple parties with differing claims or defenses, each count or defense must have a title designating the subgroup of parties it pertains to.

If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall also concisely designate the subgroup of parties to whom it pertains.

WARNINGCivil cases

Applies to

Motion to allow additional pages

Motions for additional pages are disfavored and must be supported by an affidavit clearly stating the grounds establishing 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

Judgment

Money judgments in domestic relations matters must be captioned "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.

WARNINGCriminal cases

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.

WARNING

Applies to

Notice of motion

Every motion not filed in open court must be accompanied by a notice of motion designating the judge and stating the action's title and number, the presentation date and time, the courtroom, and the purpose including the 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

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.”

WARNINGCivil cases

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.

WARNING

Applies to

Witness statement

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

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

WARNING

Applies to

Electronic document

Must include

caption, case number

Each electronically filed pleading and document must include the case title, case number, and 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

A guardian of a ward entitled to the estate is not discharged unless the ward appears in court and acknowledges the settlement, unless the Court waives attendance upon affidavit or other evidence showing the settlement is correct, the ward holds the estate, and attendance is impracticable.

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.

WARNING

Applies to

Mediation report

The mediator must submit a Mediation Report to the Court, the parties, and their attorneys on or before the status date, including the information listed under 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

Motion

All grounds attacking a pleading or paper must be contained in a single motion, subject to the page limits.

All grounds attacking a pleading or paper shall be contained in a single motion and shall be subject to the foregoing page limits.

WARNING

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.

WARNING

Applies to

Mediation report

A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding the mediation to the court, but may 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, pursuant to 710 ILCS 35/7(b)(1), a mediator may disclose “whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.”

WARNING

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.

WARNING

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.

WARNING

Applies to

Pre trial memorandum

A pre-trial memorandum must include the enumerated attorney, party, children, asset/debt, claims, agreement, disagreement, and settlement items.

Whenever practical, both counsel shall prepare a written joint pre-trial memorandum. Absent such a joint memorandum, each counsel shall prepare a pre-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.

WARNING

Applies to

Cost itemization

Litigants seeking court costs must tender a written itemization of costs and a statement that costs have been paid.

(g) Pre-Judgment Court Costs. 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

Maintenance 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.

WARNING

Applies to

Electronic document

Each electronically filed document must include the filer's typed name, email, address, phone number; attorneys must include their 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.

WARNING

Applies to

Guardianship help desk disclaimer

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

(e) 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.

WARNING

Applies to

Settlement petition

Settlement petitions 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

WARNING

Applies to

Affidavit

If judgment is not presented by the deadline, the court may require an affidavit 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

Guardianship account

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

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.

WARNING

Applies to

Attorney registration

Every attorney practicing before the 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

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.

WARNING

Applies to

Summons

Failure to include the mediation notice language or brochure on or with the summons does not affect the court's jurisdiction.

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.

WARNING

Applies to

Investigative report

Investigative reports prepared by child welfare agencies or the Department of Court Services must comply with the DCFS administrative order format and be dated no later than twelve months before the Petition for Adoption is filed.

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

Motion

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

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.

WARNING

Applies to

Civil case forms

Specified civil-case forms must be substantially in compliance with the forms set forth in Appendix A (Forms for Use in Civil Cases).

Any Statement of the Nature of the Case, Settlement Conference Memorandum, Litigation Conference Order, Order Approving Settlement of a Minor’s Claim with Funds to be Deposited, Order Approving Settlement of a Minor’s Claim with Funds to be Administered in a Probate Proceeding, shall be substantially in compliance with the forms set forth in this Appendix of Forms for use in Civil Cases.

WARNING

Applies to

Affidavit

DCFS must file an affidavit describing diligent efforts to notify parents of the shelter care rehearing.

DCFS shall file an affidavit describing diligent efforts to notify parents of shelter care rehearing.

WARNING

Applies to

Maintenance support order

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

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

WARNING

Applies to

Pleading

Pleadings with multiple counts or affirmative defenses must have each count or defense bear a short title stating the theory.

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

Inventory

Inventory items must be numbered consecutively starting with Arabic numeral 1, carried forward into each account, and supplemented with additional consecutive numbers for later 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

Disclosure statement

Disclosure statements may not be filed with the Clerk except on order of the court.

No disclosure statement shall be filed with the Clerk, except on order of the court.

WARNING

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.

WARNING

Applies to

Mediation report

The 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 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 if either or both parties fail to comply with the terms of mediation.

WARNING

Applies to

Pre judgment warrant

A pre-judgment warrant for a parking violation must state a $50.00 cash bond and specify the court date and time.

A pre-judgment warrant issued shall indicate a $50.00 cash bond and shall specify court date and time.

WARNINGCivil cases

Applies to

Fee affidavit

Upon default, if fees are recoverable, attorney must present an affidavit detailing services, hours, rate, 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.

WARNING

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.

WARNING

Applies to

Petitioner affidavit

Petitioners' counsel must furnish the appointed GAL with the Petition, Interim Order, consents and surrenders, and deliver a completed background affidavit from each Petitioner (with required exhibits) where the GAL is appointed as investigator.

It shall be the duty of counsel for the Petitioner(s) to furnish the appointed GAL with a copy of the Petition for Adoption, Interim Order, consents and surrenders, and any other material normally provided to the GALs in similar cases. 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.

WARNING

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.

WARNING

Applies to

Motion

Every motion's title must state both the relief requested 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

Motion

An attorney for a receiver may be employed only by court order upon written motion of the receiver stating the reasons for the requested employment 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.

WARNINGCivil cases

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.

WARNING

Applies to

Motion

All grounds attacking a pleading or paper must be raised in a single motion, and that motion is subject to the page limits.

All grounds attacking a pleading or paper shall be contained in a single motion and shall be subject to the foregoing page limits.

WARNING

Applies to

Court order

A party seeking an arbitration hearing over two hours must obtain an Order of Court and tender it to the Arbitration Administrator at least ten days prior.

Any party seeking a hearing in excess of two hours must obtain an Order of Court and tender that Order to the Arbitration Administrator at least ten days prior to the arbitration.

WARNINGCivil cases

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.

WARNING

Applies to

Inventory

Amended or supplemental inventories are required and subject to judge approval in enumerated circumstances, and need not repeat assets already correctly described in a prior inventory.

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.

WARNING

Applies to

Adoption petition

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

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