18th Judicial Circuit Court, DuPage County Document Filing Requirements

INFOCriminal cases

Applies to

Pre sentence report

If the Court concurs, a pre-plea report after a guilty plea serves as the pre-sentence report under Section 5-3-2.

Upon a plea of guilty, the pre-plea report, with the concurrence of the Court, shall serve as the “pre-sentence report” pursuant to Section 5-3-2 of the Unified Code of Corrections (730 ILCS 5/5-3-2).

INFO

Applies to

Electronically filed document

Links inside an electronically filed document are for convenience only and the materials they identify are not part of the filing or of record.

(h) Electronic documents containing links to material either within the filed document or external to the filed document are for convenience purposes only. The external material behind the link is not considered part of the filing or the basic record.

INFO

Applies to

Domestic violence action

Domestic violence actions should, to the extent practicable, use the court's approved forms.

Actions arising under the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq.) should, to the extent practicable, utilize the approved forms provided for such actions.

INFO

Applies to

Summary account

The judge may accept a summary accounting when the representative holds an unincorporated business or real estate (or beneficial interest in real estate).

With respect to an unincorporated business or real estate (or beneficial interest in real estate) in the possession of the representative, the judge may accept a summary accounting of the operation.

INFOCivil cases

Applies to

Account

For accounts presented by a bank or trust company, the judge may waive the voucher requirement for non-distribution disbursements upon a certificate that the vouchers are on file.

If the account is presented by a bank or trust company, the judge may waive the requirement of exhibiting vouchers for disbursements other than distributions, upon presentation of a certificate of an officer stating that the vouchers are on file with the bank or trust company.

INFO

Applies to

Fiscal claim

Each fiscal claim against the jury commission accounts must be reviewed and signed by the Chief Judge or designee before the County Treasurer disburses funds.

(b) The Chief Judge or the Chief Judge’s designee shall review all fiscal claims against the accounts of the jury commission for goods and services as to their necessity and propriety. Each such claim must bear the signature of the Chief Judge or the Chief Judge’s designee before disbursement is made by the County Treasurer.

INFOCivil cases

Applies to

Account

The judge may accept a summary accounting for an unincorporated business or real estate in the representative's possession.

With respect to an unincorporated business or real estate (or beneficial interest in real estate) in the possession of the representative, the judge may accept a summary accounting of the operation.

INFO

Applies to

Approved absences log

Must include

case number

The Senior Supervisor of Adult Division must maintain a log of approved out-of-state absences that includes the case number, probationer name, departure date, destination, travel 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.

INFO

Applies to

Order

An agreed order should have the adjective 'agreed' appear before the word 'order' in its title.

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

INFO

Applies to

Notice of appeal

Notices of appeal in criminal cases should use an approved form provided by the Clerk.

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

INFO

Applies to

Program written materials

Program written materials must be available in English and Spanish, with other translations available on request.

Written materials originated by the Program shall be readily available in English and Spanish, and other language translations shall be reasonably made available upon request.

INFO

Applies to

Financial affidavit

No Financial Affidavit is required in Title IV-D cases where HFS seeks child support on behalf of the State or another State agency.

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.

INFO

Applies to

Electronic document

Filing an electronic document requiring an original signature certifies that the original signed document exists 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.

INFO

Applies to

Disclaimer

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

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.

INFOCivil cases

Applies to

Motion to consolidate

Motions to consolidate two or more cases must be presented to the judge who is to receive and hear the consolidated case, after notice to all parties of record in all cases.

Motions to consolidate two or more cases shall be presented to the judge who is requested to receive and hear the consolidated case after notice to all parties of record in all cases

INFO

Applies to

Motion

A request for remote appearance must be made by filing an appropriate motion before the judge presiding over the case.

Any request for remote appearance must be made before the judge presiding over the case by filing an appropriate motion.

INFO

Applies to

Petition

The petition should also allege that judgment will not be requested until the death or request of the biological/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).

INFOCivil cases

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.

INFO

Applies to

Probate account

When a bank or trust company files an account, the judge may waive voucher exhibits for non-distribution disbursements if an officer's certificate confirms the vouchers are on file.

If the account is presented by a bank or trust company, the judge may waive the requirement of exhibiting vouchers for disbursements other than distributions, upon presentation of a certificate of an officer stating that the vouchers are on file with the bank or trust company.

INFO

Applies to

Appeal bond

Appeal bonds in criminal cases shall be entered on an approved form provided by the Clerk.

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

INFO

Applies to

Periodic imprisonment order

The Court's periodic imprisonment order must set forth the terms and conditions of the periodic imprisonment.

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.

INFO

Applies to

Motion

The opposing party may waive notice and written presentation requirements, and the Court may also waive them if unnecessary based on the relief requested.

The opposing party may waive notice and/or the requirement that the motion be presented in writing. Said requirements may also be waived if the Court determines they are unnecessary based on the relief requested.

INFO

Applies to

Transcript request

Transcript requests must be made using the Transcript Request Form available in the court reporters' office.

A request for a transcript, from either the electronic recording systems or from a court reporting services employee, is obtained by completing a “Transcript Request Form,” available in the court reporters’ office.

INFO

Applies to

Allocation judgment parenting plan

An Allocation Judgment/Parenting Plan may be entered as an Agreed Order after review, presumed to be in the best interest of minor children if signed by both parties.

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

INFOCivil cases

Applies to

Domestic violence action

Domestic violence actions should use approved forms to the extent practicable.

Actions arising under the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq.) should, to the extent practicable, utilize the approved forms provided for such actions.

INFO

Applies to

Order

Agreed orders should have the adjective 'agreed' 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.

INFO

Applies to

Order of supervision

The Court's order of supervision must set forth the terms, conditions, and reporting requirements of the supervision, except in Traffic Division cases under Rule 36.08(b).

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.

CRITICAL

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;

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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;

CRITICALCivil cases

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

WARNING

Attorneys seeking to serve as Guardian ad Litem, Child Representative, or Attorney for Children must file the required application and supply supporting documentation.

These Guardians ad Litem, Child Representatives, or Attorneys for Children, approved by the Chief Judge and the Presiding Judge of the Domestic Relations Division of the 18th Judicial Circuit, must file the required application, supply supporting documentation and meet the following criteria:

WARNING

Must include

caption

Any document presented on a motion to consolidate must include the captions of all involved cases, with the proposed consolidated case's caption above and the receiving case's caption below.

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

WARNINGCivil cases

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.

WARNING

Applies to

Motion

Each separate section of a motion, response, or reply must be separated by a horizontal line and individually entitled per Supreme Court Rule 11.

Each separate section of a motion, response or reply shall be separated by a horizontal line and individually entitled, as provided in Supreme Court Rule 11.

WARNING

Applies to

Electronically filed document

Each e-filed document must include the toggle email, mailing address, and phone number of the attorney or pro se party filing, and attorneys must include their DuPage County Attorney Number.

Each electronically filed document shall also include the type name, email address, address, and phone number of the attorney or pro se party filing the document. Attorneys shall include their Detaining Attorney Number on all documents.

INFO

Applies to

Notice to appear

Every notice to appear must conform to statutory requirements and should, where practical, be made on the approved form.

Every notice to appear shall conform to the requirements set forth in 725 ILCS 5/107-12 of the Code of Criminal Procedure and should, where practical, be made on the applicable approved form.

INFOCriminal cases

Applies to

Notice to appear

Notices to the pledge must conform to 725 ILCS 5/107-12 and should use the applicable approved form where practical.

Every notice to appear shall conform to the requirements set forth in 725 ILCS 5/1072-12 of the Code of Criminal Procedure and should, where practical, be made on the applicable approved form.