18th Judicial Circuit Court, DuPage County Document Filing Requirements

WARNING

Applies to

Objection to extended media coverage

The form for a party's objection to extended media coverage must be as 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

Civil case form

Civil case forms must be substantially in compliance with the forms set forth in Appendix A.

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

Order

The court must enter a written order on all admission requests specifying the scope of admission, effective only for the proceedings specified, using the form in Appendix D.

The court will evaluate admission requests on a case-by-case basis outside of the presence of the minor. The court will enter a written order on all requests for admission of an interested person or agency specifying the scope of admission, if any, permitted. An order granting admission shall be effective only for the proceedings specified in the written order. The form of an order for admission of an interested person or agency shall be as prescribed in Appendix D.

WARNING

Applies to

Pleading

Each electronically filed pleading and document must include case title, case number, and nature of filing.

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

WARNING

Applies to

Fee waiver appeal petition

An applicant who files a notice of appeal must file a petition explaining why the requested appeal fees and costs are necessary, including specific dates.

(3) 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.

WARNING

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.”

WARNING

Applies to

Motion

Motions to allow additional pages are disfavored and must be supported by an affidavit clearly setting forth specific 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

Motion

Motions for additional pages are disfavored and must be supported by an affidavit clearly setting forth specific 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

Affidavit of assets and liabilities

An individual seeking appointment of counsel must complete and present an Affidavit of Assets and Liabilities to the Court on the 10:00 a.m. call.

If that person is indigent, the Court is required to appoint 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.

WARNING

Applies to

Probation violation report

A probation officer must reduce to writing the substance of any felony, misdemeanor, or traffic violation requiring court action and submit it to the sentencing judge, State’s Attorney, and defendant per the Chief Judge’s administrative procedures.

When any felony, misdemeanor or traffic violation requiring court action comes to the attention of the probation officer, the substance of the violation shall be reduced to writing and submitted to the sentencing judge, or any judge sitting in the sentencing judge’s stead, the State’s Attorney and the defendant in accord with such procedures as may from time to time be provided by administrative order of the Chief Judge.

WARNING

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.

WARNING

Applies to

Order of distribution

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

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.

WARNING

Applies to

Probate account

Every disbursement in an account must be numbered and supported by a voucher; vouchers must be numbered, ordered, securely fastened, 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.

WARNING

Applies to

Petition for appointment of confidential intermediary

A petition for 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).

WARNING

Applies to

Inventory

Inventory descriptions of stocks, bonds, debentures, and notes must include all specified identifying details such as shares, classes, face value, maturity, interest, and endorsements.

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

Sworn petition

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

In minor’s or ward’s personal injury cases, 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.

WARNING

Applies to

Special report

At any time a probationer is otherwise required to appear before the Court, the conditions of probation should be reviewed for possible modification by the Court in order to conform the conditions of probation with current practice, eliminate conditions upon which there has been compliance and otherwise update the conditions. If modification appears to be appropriate, a written special report should be submitted to the Court with copies to the State and the probationer.

At any time a probationer is otherwise required to appear before the Court, the conditions of probation should be reviewed for possible modification by the Court in order to conform the conditions of probation with current practice, eliminate conditions upon which there has been compliance and otherwise update the conditions. If modification appears to be appropriate, a written special report should be submitted to the Court with copies to the State and the probationer.

WARNING

Applies to

Motion

An employer moving to vacate a conditional judgment must file an answer at the 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

WARNINGCriminal cases

Applies to

Pre plea report

The pre-plea report must follow Statutory Section 5-3-2 and Rule 31.08 and must exclude the defendant's version of the offense and any recommendation by Court Services.

The pre-plea report shall be prepared in accordance with the provisions of Section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2) and as provided in Rule 31.08. It shall not contain a defendant’s version of the offense or a recommendation by the Court Services Department.

WARNING

Applies to

Attorney registration

Attorneys 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

Pleading

Pleadings with multiple counts or affirmative defenses must give each count or defense a short title stating its 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

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNING

Applies to

Financial affidavit

Financial Affidavit is not required in Title IV-D cases where HFS seeks child support for the State, but is required (without supporting documentary evidence) where HFS seeks child support for an individual.

A Financial Affidavit shall not be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of the State of Illinois or any other State agency. 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.

WARNING

Applies to

Inventory

Inventory descriptions of causes of action must identify the opposing party, the nature of the claim, and, if suit has been filed, the case title, court, and 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.

WARNING

Applies to

Objection to admission

The objection to admission of an interested person must be filed using the form found 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

Guardianship report

Guardians of the Person of minor wards must provide the Court a biennial report on the ward's condition, with the first report due within 12 months of appointment; the Court may extend the reporting deadline.

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

Memorandum of agreement

A written Memorandum of Agreement must be tendered to the court for approval and is fully enforceable only after the court enters it as an order.

Upon consensus, the mediator shall assist the mediation parties in memorializing their agreement in writing. 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

Failure to appear on an automatic status date or any other court-set date may result in dismissal for want of prosecution or default.

Failure of the parties or their counsel to appear on the automatic status date or any other date set by the Court may result in dismissal for want of prosecution or default, on the Court’s motion.

WARNING

Applies to

Memorandum of agreement

Mediation agreements must be memorialized in writing, and any executed Memorandum of Agreement must be tendered to the court for approval, becoming fully enforceable only when the court approves and enters it as an order.

Upon consensus, the mediator shall assist the mediation parties in memorializing their agreement in writing. 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

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.

WARNING

Applies to

Motion to certify appeal status

Counsel must prepare a motion, order, and verification statement so the Court may direct the Clerk to certify the status of any appeal.

If the termination proceedings were conducted in the Circuit Court for the Eighteenth Judicial Circuit, upon motion, the Court will direct the Clerk of Court to certify the status of any appeal from an order terminating parental rights. Counsel is responsible for preparing an appropriate motion, order and verification statement.

WARNINGCivil cases

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

Affidavit of appeal status

Counsel for the petitioner must file an affidavit stating with particularity the status of any appeal when termination occurred in another court.

If such proceedings occurred in any other circuit court of this State or another State, counsel for the petitioner must file an affidavit stating with particularity the status of any such appeal.

WARNING

Applies to

Mediation report

The mediator must submit a Mediation Report to the Court, parties, attorneys, and CASA Guardian ad Litem on or before the status date, including the Program Reporting Requirements information.

On or before the status date, the mediator shall submit a Mediation Report to the Court, the parties, attorneys, and the CASA Guardian ad Litem, if applicable, which shall include information listed in this rule under the section entitled "Program Reporting Requirements."

WARNING

Applies to

Affidavit

If a judgment is not presented for entry by the continued date, the Court may require counsel to submit an affidavit explaining the failure.

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

Media coverage request

Requests for media coverage, including in juvenile proceedings, must follow Article 38 of these rules.

Requests for media coverage shall be made pursuant to Article 38 of these rules.

WARNING

Applies to

Mediation report

The mediator must file a court-approved-form mediation report within 10 days of the last mediation session covering appearances, agreement status, whether mediation occurred (including reasons if not), and whether mediation was deemed inappropriate.

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. 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

Typeof payment balance notice

After accepting partial payment, the Clerk must provide the defendant with a written statement of the outstanding balance and the date it is due.

Further, the Clerk of Court or the Clerk’s designee shall, after accepting partial satisfaction, inform the defendant in writing as to the balance of any fines or costs due and the date by which said balance is due.

WARNING

Applies to

Exhibit list

Litigants and attorneys must give a copy of their exhibit list(s) to the courtroom clerk when the trial begins.

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

WARNING

Applies to

Transfer and reassignment order

Jury-demand cases transferred out of the Traffic Division must use the pink Transfer and Reassignment Order (AD 194 – Code 4550).

Upon a jury demand being made in the Traffic Court Division, the judge shall transfer the case, using the pink Transfer and Reassignment Order, AD 194 – Code 4550 “Special Transfer from Traffic Division for Jury Trial,” at 9:00 a.m. on a date not less than fourteen (14) days, but no more than thirty (30) days later, whenever practicable for the setting of a jury trial date, per Administrative Order.

WARNING

Applies to

Routine motion

Every routine motion should be accompanied by a Notice of Motion stating it is to be heard on the Routine Motion Call and the date counsel wishes 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

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.

WARNING

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.

WARNINGCriminal cases

Applies to

Vacating judgment order

A Traffic Division judge must state the legal basis in writing when vacating a prior judgment.

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

WARNINGCivil cases

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.

INFOCivil cases

Applies to

Program materials

Any written materials the Program provides shall be available in English and Spanish, and other language translations shall be made reasonably available upon order. Phone interpretation services may be made available for all phone and video communications, and in-person services shall be available for in-person mediation proceedings unless impracticable. Language Access services shall be provided at no cost.

Any written materials the Program provides shall be available in English and Spanish, and other language translations shall be made reasonably available upon order. Phone interpretation services may be made available for all phone and video communications, and in-person services shall be available for in-person mediation proceedings unless impracticable. Language Access services shall be provided at no cost.

INFOCriminal cases

Applies to

Written request for reconsideration

A provider denied approval or removed from the Court Authorized list may seek reconsideration by written request.

In the event a provider is denied approval or removed from the Department’s Court Authorized service provider list, that provider may request, in writing, a reconsideration.

INFO

Applies to

Written report

The Guardian ad Litem must tender a written report to the Court if ordered.

If appointed as such, the Guardian ad Litem shall tender a written report to the Court, if so ordered.

INFO

Applies to

Order

If any order submitted to the Court is agreed, the adjective “agreed” should precede the word “order” in the title.

If any order submitted to the Court is agreed, the adjective “agreed” should precede the word “order” in the title.