18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICAL

Applies to

Mediation report

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 a mediator may disclose, under 710 ILCS 35/7(b)(1), “whether the mediation occurred or has 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 a mediator may disclose, under 710 ILCS 35/7(b)(1), “whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.”

CRITICAL

Applies to

Pleading

Pleadings must specify the dollar amount claimed, and for personal injury, must indicate the amount range among five categories.

All pleadings wherein money damages are requested for matters other than injury to the person shall be specific as to the dollar amount claimed. In all pleadings where injury to the person is alleged, the prayer for relief must indicate the amount of damages claimed to be as follows: (1) Not greater than $2,500; or (2) Greater than $2,500 and but not in excess of $10,000; or (3) Greater than $10,000 and but not in excess of $15,000; or (4) Greater than $15,000 and but not in excess of $50,000; or (5) Greater than $50,000.

CRITICAL

Applies to

Motion for preliminary approval

A motion for preliminary approval of a class action settlement must include specified settlement details and proposed deadlines.

(iv) the total settlement fund along with an 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

Applies to

Proposed judgment of adoption

Must include

proposed order

Counsel for the Petitioner must submit a proposed Judgment of Adoption to the Court and the GAL two business days before the date for entry of Judgment.

Counsel for the Petitioner shall, two (2) business days prior to the date for entry of Judgment, submit to the Court and the GAL a proposed Judgment of Adoption.

CRITICAL

Applies to

Supporting affidavit

Petitioners seeking default based on service by publication must file a supporting affidavit establishing their search efforts to locate the party.

Petitioners seeking to default any necessary party to an adoption proceeding based upon service by publication must file a supporting affidavit establishing factually the action taken that demonstrates honest and well directed efforts to ascertain the whereabouts of the person sought to be defaulted by such service. Said affidavit shall detail search efforts, including, but not limited to, searches of military records, the Illinois Department of Corrections, administrative agencies (i.e., the State Disbursement Unit), and all other search efforts.

CRITICAL

Applies to

Probation certificate

Probation imposed under the Code of Criminal Procedure requires the terms and conditions to be recorded on the pre-printed approved Probation Certificate form.

(a) When the Court imposes a sentence of probation under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the Court shall set forth on a pre-printed approved Probation Certificate form the terms and conditions of the probation.

CRITICAL

Applies to

Petition for guardian investment

Petitions for guardian investments must disclose any direct or indirect purchase from the guardian or from a related firm/corporation in which the guardian has an interest or role.

If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm or corporation in which the guardian or conservator has an interest or of which the guardian or conservator is an officer or director, the petition shall so state.

CRITICAL

Applies to

Complaint

Complaints in dissolution cases with minor children must be designated Petition for Dissolution of Marriage, Minor Children.

In all newly filed cases seeking dissolution or declaration of invalidity, if there are one or more minor children of the marriage at the time of filing, the complaint shall be designated “Petition for Dissolution of Marriage, Minor Children,” and the Clerk of the Circuit Court shall maintain such designation.

CRITICAL

Applies to

Motion

Each motion and each basis must identify the applicable Code of Civil Procedure section or Supreme Court Rule number.

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.

CRITICAL

Applies to

Filings

Attorneys must include their DuPage attorney registration identification number on any filings.

provide their DuPage attorney registration identification number on any filings (i.e., Local Rule 1.25).

CRITICAL

Applies to

Petition for probate of handwritten will

A petition for probate of a handwritten will must include a typewritten copy and an affidavit attesting to its correctness.

With a petition for probate of a handwritten will, in addition to a facsimile thereof, petitioner shall file a typewritten copy of the will and an affidavit of the petitioner or the petitioner's attorney that, to the best of their knowledge, the typewritten copy is correct.

CRITICALCivil cases

Applies to

Fee petition

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.

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.

CRITICALCriminal cases

Applies to

Complaint

A summons or warrant of arrest may issue only after a complaint is presented on the form approved by the Chief Judge.

A summons or warrant of arrest shall issue only upon a complaint presented on the appropriate form approved by the Chief Judge.

CRITICAL

Applies to

Travel approval log

The Senior Supervisor of Adult Division must maintain a log of approved travel absences recording case number, name, departure date, destination, 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.

CRITICAL

Applies to

Account

Each asset in an account must be designated by its inventory number, unless the account uses a mechanized accounting system; distributions need be described only in the first account after the transaction.

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. Distribution of an item or conversion into cash or other disposition need be described only in the first account after completion of the transaction.

CRITICAL

Applies to

Speedy trial demand

Must include

certificate of service

A copy of the speedy trial demand must be filed with the Clerk together with proof of service on the State's Attorney.

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

Petition motion

Petitions and motions must recite the statutory or case law basis for the relief sought; non-compliant filings may be stricken.

All petitions and motions shall include a recitation of the statutory or case law basis for said relief. Filings that fail to comply with this requirement may be stricken on the court's motion.

CRITICAL

Applies to

Financial affidavit

Financial Affidavits must be supported by documentary evidence such as tax returns, pay stubs, and bank 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.

CRITICAL

Applies to

Eviction mediation notice

Must include

caption, certificate of service

Eviction cases filed after September 20, 2021 must include a notice of the eviction mediation program in the prescribed form, including a caption, certificate of service, and notice of filing.

Cases filed after September 20, 2021 are required to provide notice of the eviction mediation program, notice is to be provided in substantially the following form, in a document which includes the caption for the case and otherwise conforms with all other requirements for pleadings filed in this Court (including a certificate of service and notice of filing):

CRITICAL

Applies to

Certificate of compliance

Must include

certificate of service

When tendering a Financial Affidavit, the party must immediately file a certificate of compliance and proof of service with the Clerk.

At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice.

CRITICAL

Applies to

Motion for final approval

A Motion for Final Approval of a class action must have an Introduction Section on its first page reciting enumerated items including actual class size, claims submitted, objections/exclusions, notice administration results, and settlement administrator costs.

To present a Motion for Final 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 of claims submitted by the class if it is a claims-made settlement along with the percentage of claims submitted compared to the entire class (if the motion for attorney's fees was filed before the claims deadline had passed, counsel for the class shall submit an updated affidavit from the settlement administrator with updated claims, objections, and/or exclusions once all of the deadlines have passed); (vi) the number of objections and/or exclusions; (vii) the amount each class member will receive; (viii) any injunctive relief and brief analysis as to value or benefit of said injunctive relief to the class or potential future class members; (ix) any specific details as to value of any coupons or vouchers; (x) confirmation that notice was disseminated as required in the Preliminary Approval Order; (xi) the success rate of the notice administration; (xii) the actual cost for the settlement administrator; and

CRITICAL

Applies to

Motion to file under seal

The motion for leave to file under seal must explain the legal standard and must not include the under-seal document as an attachment.

The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question may not be attached to the motion as an attachment.

CRITICALCivil cases

Applies to

Petition

Petitions for standby adoption must allege the required elements for a judgment of adoption.

Petitions seeking a judgment of adoption in accordance with 750 ILCS 50/1S shall file a Petition which alleges the required elements for a judgment of adoption.

CRITICAL

Applies to

Itemized cost statement

Litigants seeking court costs must tender a written itemization of each cost and amount, plus a statement they were paid, at the time judgment is entered.

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.

CRITICAL

Applies to

Petition

The GAL must petition the Court for an investigative report if a non-biological petitioner has known offenses involving abuse or felony conviction.

If no investigative report by a licensed agency has been required by the court or the separate social history investigation has been waived and it comes to the attention of the GAL that a petitioner who is not the biological parent of the adoptee has committed any offense involving sexual abuse of any person, physical abuse or abandonment of a child, or been convicted of any felony offense as defined by the laws of the jurisdiction in which it occurred, the GAL shall petition the Court to order an investigative report prior to the entry of a judgment of adoption.

CRITICAL

Applies to

Search warrant

Every search warrant must be supported by a complaint written on the appropriate approved form, as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure.

Every search warrant shall be supported as provided in 725 ILCS 5/108-3 and 5/108-4 of the Code of Criminal Procedure by a complaint written on the appropriate approved form.

CRITICALCivil cases

Applies to

Affidavit of assets and liabilities

An Affidavit of Assets and Liabilities must be completed and presented to the Court on the 10:00 a.m. call when seeking 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.

CRITICALCriminal cases

Applies to

Discovery order

The Court must enter a reciprocal discovery order in every criminal case with a not-guilty plea, unless there is an objection.

The Court shall enter a reciprocal discovery order in every criminal proceeding wherein the defendant has entered a plea of “not guilty,” unless there is an objection.

CRITICALCivil cases

Applies to

Order approving settlement

Order approving settlement must appoint a guardian for the minor's estate and require a bond pending deposit of funds.

The order entered approving settlement shall provide for the appointment of a guardian for the minor’s estate and shall require the appointed guardian to file a bond pending proper deposit of the minor’s funds in the financial institution approved by the Court.

CRITICAL

Applies to

Motion

Each motion's title must state 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.

CRITICAL

Applies to

Electronically filed document

When a date of birth is required in a document, only the year may be included.

(c) Dates of Birth. If an individual’s date of birth must be included in a document, only the year shall be used.

CRITICAL

Applies to

Affidavit of due diligence

A party seeking default judgment must file an affidavit of due diligence of service attempts.

A party seeking the entry of a default judgment must file an affidavit of due diligence of service attempts.

CRITICALCivil cases

Applies to

Order approving settlement

The order approving settlement must appoint a guardian for the minor's estate and require a bond; the bond may be canceled after the voucher and order are filed, and the surety may be waived in the minor's best interests, in which case the minor's attorney is personally responsible for depositing the funds.

(i) The order entered approving settlement shall provide for the appointment of a guardian for the minor’s estate and shall require the appointed guardian to file a bond pending proper deposit of the minor’s funds in the financial institution approved by the Court. Upon the filing of the voucher from the financial institution acknowledging receipt of the funds and a copy of the order approving settlement, the bond may be canceled. The requirement of a surety on the bond to be filed by the guardian of the minor’s estate may be waived when the Court finds it is in the best interests of the minor’s estate. In such instances, the attorney representing the interests of the minor shall have personal responsibility for depositing the funds in the approved financial institution in accordance with the order entered.

CRITICAL

Applies to

Notice of motion

Notice of hearing or presentment must specify the judge, case title and number, date, time, and courtroom.

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.

CRITICAL

Applies to

Settlement order

Upon settlement or withdrawal of a mediation case, parties must immediately notify the Judge in writing and submit the written settlement or dispositive order by the scheduled mediation status date.

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.

CRITICALCivil cases

Applies to

Proof of service

Must include

caption, case number, certificate of service

A proof of service for discovery documents must state the case title and number, the date of mailing or personal service, the sending and receiving parties, and identify the precise discovery document served or answered.

Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered.

CRITICAL

Applies to

Exhibits

Documents or exhibits filed separately because of size limits must use the DuPage Exhibit Cover Sheet (Form 4393), and may be rejected if they lack it.

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.

CRITICAL

Applies to

Emergency motion

Emergency matters require prior notice to the opposing party and a supporting affidavit under Local Rule 6.08.

Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08

CRITICAL

Applies to

Guardian or temporary guardian account

A guardian or temporary guardian's account must state the ward's physical location and physical and mental condition.

An account of a guardian or temporary guardian shall state the physical location of the ward and the ward’s physical and mental condition.

CRITICALCivil cases

Applies to

Settlement agreement

Any settlement reached during small claims mediation must be put in writing and signed by the parties or their agents before the mediation concludes.

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.

CRITICALCivil cases

Applies to

Petition for settlement approval

Must include

proposed order

The settlement petition 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.

CRITICAL

Applies to

Pleading appearance documents and orders

All pleadings, appearances, documents, and orders must include the filing attorney's (or pro se party's) name, address, and telephone number, and attorneys must also include their attorney identification number.

The first pleading or appearance and all subsequent documents and orders shall contain the name, address and telephone number of the attorney (or party, if pro se) filing said paper, and an attorney shall also include thereon an attorney identification number.

CRITICAL

Applies to

Order appointing receiver

An order appointing an otherwise disqualified receiver must specifically set forth the reasons for departing from the general rule.

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.

CRITICAL

Applies to

Motion for final approval

The first page of a Motion for Final Approval must include an Introduction Section reciting thirteen specific items, including claims data, objections/exclusions, notice confirmation, and proposed awards/fees.

(1) To present a Motion for Final 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) whetherthe 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 of claims submitted by the class if it is a claims-made settlement along with the percentage of claims submitted compared to the entire class (if the motion for attorney’s fees was filed before the claims deadline had passed, counsel for the class shall submit an updated affidavit from the settlement administrator with updated claims, objections, and/or exclusions once all of the deadlines have passed); (vi) the number of objections and/or exclusions; (vii) the amount each class member will receive; (viii) any injunctive relief and brief analysis as to value or benefit of said injunctive relief to the class or potential future class members; (ix) any specific details as to value of any coupons or vouchers; (x) confirmation that notice was disseminated as required in the Preliminary Approval Order; (xi) the success rate of the notice administration; (xii) the actual cost for the settlement administrator; and (xiii) the proposed class representative award and proposed fee request.

CRITICAL

Applies to

Notice of rejection of award

Must include

caption, case number

A notice of rejection of award must be in the prescribed form, state that the party rejects the arbitrators' award, and request a trial.

Notice is given that ________________ rejects the award of the arbitrators entered in this cause on (date), and hereby requests a trial of this action.

CRITICAL

Applies to

Petition to approve settlement

Petitions to approve settlements 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

CRITICALCivil cases

Applies to

Allocation judgment parenting plan

Allocation Judgment/Parenting Plan may enter as Agreed Order if signed by both parties, and must include all mandatory clauses (e.g., mediation provision).

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 parties. All mandatory clauses shall be included within the Plan (e.g., mediation provision).

CRITICALCivil cases

Applies to

Mediation referral order

The Court’s Mediation Referral Order must include mediation logistics and preparation instructions, instructions for proceeding if agreement is reached, and instructions for proceeding if no agreement is reached, including a return-court date for STATUS or TRIAL.

(j) The Court’s Mediation Referral Order shall include: (i) 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; (ii) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (iii) 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 order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the order is for “TRIAL”).

CRITICAL

Applies to

Financial affidavit

Parties in domestic relations proceedings must provide a completed Financial Affidavit in the Illinois Supreme Court-approved form.

In all Domestic Relations proceedings involving child support, children’s expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney fees, each party other than the Illinois Department of Healthcare and Family Services shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court.

CRITICAL

Applies to

Periodic imprisonment rules and regulations

The periodic imprisonment program Rules and Regulations must be filed in every revocation case, signed by the offender, and the original plus four copies distributed as set forth in the administrative order.

This Court shall establish by administrative order, rules and regulations for the administration of the periodic imprisonment program. A copy of the Rules and Regulations shall be filed in every case in which a Petition to Revoke Periodic Imprisonment is filed in accordance with Rule 36.10. The Rules and Regulations shall be signed by the offender. The original Rules and Regulations and four (4) copies shall be distributed as set forth in the administrative order.