18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICAL

A petitioner seeking a default by way of publication must first seek leave of court.

If the petitioner is seeking a default by way of publication, the petitioner must first seek leave of court in order to do so.

CRITICAL

Applies to

Pleading

Pleadings must specify dollar amount claimed; personal injury prayers must indicate damages within one of five specified brackets.

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

Petition for expenditure for ward

A guardian's petition for expenditure for a ward must be in writing and state the estate's value, available annual income, and the last authorization amount.

A petition of a guardian to apply any part of the ward's estate for the comfort, suitable support or education of the ward or other persons entitled to support from the ward, or for any other purpose for the best interests of the ward, shall be in writing and shall state the value of the estate at the time of presenting the petition, the annual income available to the ward, and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.

CRITICAL

Applies to

Petition for authorization

A verified petition for authorization as a civil surety must attach a certified license, verified statement of assets/liabilities, power of attorney, and verified schedules of pending actions and 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 be attached to the petition: (1) A certified copy of the license issued to the petitioner, 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 execute bonds for the petitioner in the Court, in a form approved by the Court; (4) A verified schedule of all actions pending in any court against the petitioner at the time of the filing of the petition upon bonds executed by it in the courts of record in Illinois; the schedule shall 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 made against the petitioner and are undischarged at the time of the filing of the petition, upon bonds executed by the petitioner in the court of record in Illinois; the schedule shall state the name of the claimant, the amount claimed, the nature of the claim and the reasons for contesting the claim.

CRITICAL

Applies to

Financial affidavit

Each party in pre-judgment Domestic Relations proceedings must tender an updated Financial Affidavit 30 days before trial.

Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty (30) days before trial.

CRITICALCivil cases

Applies to

Petition for withdrawal

Petition for withdrawal from a minor/ward account must be in writing and state account balance, annual income, withdrawal amount/purpose, and last authorization amount.

A petition for withdrawal from said account for a ward or for a minor prior to the minor reaching the age of majority shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor, the amount and purpose for the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

CRITICAL

Applies to

Complaint

Complaints and summonses must display 'THIS IS AN ARBITRATION CASE' in upper case letters on the upper right-hand corner.

The complaint and all summonses shall state in upper case letters on the upper right-hand corner: “THIS IS AN ARBITRATION CASE.”

CRITICAL

Applies to

Finality verification

The Court cannot enter a Judgment of Adoption until the appeal rights of each parent have been exhausted, which must be established by petitioner's counsel.

In adoption cases where the parental rights of a biological or legal parent have been terminated in a Juvenile Court proceeding, this Court is unable to enter a Judgment of Adoption until the appeal rights of each such parent have been exhausted. This must be established by counsel for the petitioner(s).

CRITICAL

Applies to

Supporting affidavit

Petitioners defaulting a party via publication service must file a supporting affidavit detailing diligent search efforts.

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.

CRITICAL

Applies to

Notice of motion

Must include

judge name, case number

A notice of motion hearing or presentment must name 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

Electronic filing

Electronic documents must include the merged electronic filing stamp to be officially filed.

This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronic documents are not officially filed without the electronic filing stamp.

CRITICAL

Applies to

Notice of hearing

A notice of hearing must specify the judge, case title and number, date, time, and courtroom for the motion.

The notice of hearing or presentment shall designate the judge to whom the motion will be presented; shall show the title and number of the action, the date when the motion will be set or presented, the time it will be set or presented, and the courtroom where it will be heard or presented.

CRITICAL

Applies to

Amended inventory

An amended or supplemental inventory is required when property was erroneously described, assets improperly included/excluded, or additional assets discovered; it need not repeat correctly described assets.

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.

CRITICAL

Applies to

Petition to approve settlement

Must include

proposed order

Petitions to approve settlements 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

Agreed order

The attorney or parties must submit an agreed order striking all future dates already assigned by the 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.

CRITICAL

Applies to

Electronic document

Electronic filings requiring original signatures certify that the original exists and must be retained until one year after final judgment, available for inspection upon 5 days' notice, and hard copy provided within 5 business days upon request.

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. Unless otherwise ordered by the Court, the filing party must retain the original document as signed either conventionally or electronically, until one year after the date that judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review. The filing party shall make those signed originals available for inspection by the Court, the Clerk of the Court or by other counsel in the case, upon five (5) days’ notice. At any time, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document, which shall be provided within five (5) business days upon reasonable notice.

CRITICAL

Applies to

Order approving settlement

The order approving a minor's settlement must appoint a guardian for the minor's estate and require the guardian to file a bond pending deposit of the 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

Inventory

The inventory shall designate each item of personal estate other than cash and goods and chattels as 'good,' 'doubtful,' or 'desperate,' and state the approximate total value of the decedent’s personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

inventory shall designate each item of personal estate other than cash and goods and chattels as “good,” “doubtful,” or “desperate,” and state the approximate total value of the decedent’s personal estate at date of death, the approximate annual income from real estate in the possession of the representative, and the amount of the bond then in force and whether surety, surety waived, corporate or individual.

CRITICAL

Applies to

Petition to invest

A petition to invest a ward’s property must identify the investment category, state compliance with limitations, and disclose any conflict of interest.

A petition of a plenary guardian or guardian of the estate to invest the ward’s property shall identify the category of investment under 755 ILCS 5/21-2.01 through ​5/21-2.14 in which the proposed investment falls and shall state that the proposed investment complies with the limitations applicable to that category. 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

Mediation agreement

Must include

proposed order

Any mediation settlement agreement must be in writing, signed by the parties or their agents, presented to the Court for entry as an order, and is not binding until the Court enters it.

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. It is then the responsibility of the parties to present their agreement to the Court to enter as an Order at the status/trial date. Mediated agreements are not binding unless entered as an order of the Court as presented by the parties to the case.

CRITICALCivil cases

Applies to

Petition

Attorney fees are capped at 25% of the gross settlement unless the sworn petition recites the work and hours involved or other special circumstances justifying a higher fee.

In any matter falling under 10.01(a) of this local court rule, 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.

CRITICAL

Applies to

Acknowledgment or affidavit

Acknowledgments and affidavits executed outside the state must be accompanied by a certificate of the proper keeper of records.

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.

CRITICAL

Applies to

Motion to vacate

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

CRITICAL

Applies to

Withholding order

Maintenance or support payments require an order of withholding using the approved form from the Clerk's office; if payments go through the Clerk, the withholding order must be accompanied by the Clerk's child support order form.

Maintenance or support payments shall be made by an order of withholding upon a separate order of court providing therefore, using the approved form furnished by the Clerk's office. If payments are through the Clerk of the Circuit Court, said withholding order shall be accompanied by the Clerk's form child support order.

CRITICAL

Applies to

Financial affidavit

Must include

certificate of service

Upon tendering the Financial Affidavit, the tendering party must immediately file a certificate of compliance and proof of service; the Financial Affidavit itself must not be filed 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. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.

CRITICAL

Applies to

Motion to vacate

An employer moving to vacate a conditional judgment must file an answer at the same 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, and must send Notice of Motion, together with an answer and motion to vacate, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

CRITICALCivil cases

Applies to

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.

CRITICAL

Applies to

Electronically filed document

Only a minor’s initials may be used, unless the a minor is a named party, in which case the full name may be used unless the court orders otherwise.

If the involvement of a minor child must be mentioned, only the initials of that child’s name shall be used; however, if the minor is a named party to the action, the full name of the minor shall be used, absent leave of Court.

CRITICALCivil cases

Applies to

Settlement approval order

The approval order must include terms addressed to distribution of the settlement funds and require that vouchers of receipt of funds be filed with the Court within a time set by the Court.

(f) The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers, which evidence receipt of any portion of the fund, with the Court within a time prescribed by the Court.

CRITICAL

Applies to

Exhibit

Separately filed exhibits must be accompanied by the DuPage Exhibit Cover Sheet (Form 4393); missing cover sheets may result in rejection.

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

Mediation referral order

The Mediation Referral Order must include contact info, preparation instructions, and instructions for agreement and no-agreement paths.

The Court’s Mediation Referral Order for the Program shall include: (1) The Program’s contact information. (2) what each side should do to prepare for the same; (3) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (4) Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the referral order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the referral order is for “TRIAL”).

CRITICAL

Applies to

Guardian account

Guardian/temporary guardian account must state the ward's physical location and physical/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.

CRITICAL

Applies to

Conditional discharge order

A conditional discharge order must be fully completed and signed by both the judge and the defendant.

(a) When the Court enters a sentence of Conditional Discharge under the Code of Criminal Procedure (730 ILCS 5/5-6-1 et seq.), the order shall be completed and signed by the judge and defendant.

CRITICALCivil cases

Applies to

Petition for confidential intermediary

Petitions for appointment of a Confidential Intermediary must include 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).

CRITICAL

Applies to

Withholding order

Withholding Orders and similar post-judgment orders (e.g., QDROs) must be presented separately as Agreed Orders after Judgment is entered.

Withholding Order and other similar post-judgment orders such as Q.D.R.O.'s shall be presented separately as Agreed Orders after Judgment is entered.

CRITICALCriminal cases

Applies to

Written appearance of counsel

An attorney representing a defendant in a felony or misdemeanor case must file a written appearance and serve it on the prosecution before addressing the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

CRITICAL

Applies to

Affidavit of identification and affidavit of non support

A biological mother executing an adoption consent must execute an Affidavit of Identification and an Affidavit of Non-Support, both filed before entry of Judgment.

In addition, where the consent is executed by the biological mother, she shall also contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support. Such Affidavit of Identification and Affidavit of Non-Support shall be filed with the Court prior to the entry of Judgment and shall become a part of the Court record.

CRITICAL

Applies to

Motion for substitution of judge

Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

All Motions for Substitution of Judge for Cause must be filed, supported by affidavit, before the judge from whom substitution is sought.

CRITICAL

Applies to

Financial affidavit

Must include

certificate of service

When the Financial Affidavit is tendered, the tendering party must immediately file a certificate of compliance and proof of service; the Financial Affidavit itself must not be filed.

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. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.

CRITICAL

Applies to

Affidavit

When default is entered and fees are recoverable, attorney must present an affidavit detailing services, hours, rate, experience, and fairness of the fees.

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.

CRITICAL

Applies to

Motion

A motion to require sureties to justify must be accompanied by an affidavit showing grounds for insufficiency, manner of inquiry, and facts ascertained.

The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry and the facts ascertained.

CRITICAL

Applies to

Mediation referral order

The Court's Mediation Referral Order must include instructions on how mediation will proceed, how the case proceeds if an agreement is reached, and how it proceeds if no agreement is reached (including a return-to-court date for STATUS or TRIAL).

MEDIATION (a) The Court’s Mediation Referral Order for the Program shall include: (1) Instructions as to where, when, and how the mediation will be expected to proceed and what each side should do to prepare for the same; (2) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (3) Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the referral order is for “STATUS”) or to immediately proceed to trial (if the date scheduled

CRITICAL

Applies to

Motion

If neither party resides in DuPage County, a written motion for waiver of venue must be filed before any other pleadings and along with the original petition for dissolution of marriage.

If neither of the parties resides in DuPage County, either or both of the parties must file a written motion advising the Court that the forum selected is not one of proper venue and seeking an appropriate order from the Court allowing a waiver of the venue requirements of Section 5/104 of the IMDMA. The waiver of venue motion must be filed before any other pleadings and shall be filed along with the original petition for dissolution of marriage.

CRITICAL

Applies to

Financial affidavit

Each party in specified Domestic Relations proceedings must provide a completed Financial Affidavit in the form approved by the Illinois Supreme Court.

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

Affidavit

When the biological mother executes a consent, she must contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support, which must be filed with the Court before entry of Judgment.

In addition, where the consent is executed by the biological mother, she shall also contemporaneously execute an Affidavit of Identification and an Affidavit of Non-Support. Such Affidavit of Identification and Affidavit of Non-Support shall be filed with the Court prior to the entry of Judgment and shall become a part of the Court record.

CRITICAL

Applies to

Surety schedule

Personal sureties must execute and file schedules of property in a court-approved form unless excused.

Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

CRITICAL

Applies to

Appearance

Attorneys in felony/misdemeanor cases must file a written appearance and serve it on the prosecution before addressing the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

CRITICALCivil cases

Applies to

Settlement agreement

Must include

proposed order

Parties must present a mediated settlement agreement to the Court for entry as an order, and the agreement is not binding until so entered.

It is then the responsibility of the parties to present their agreement to the Court to enter as an Order on the status/trial date. Mediated agreements are not binding unless entered as a Court order as presented by the parties to the case.

CRITICAL

Applies to

Stipulation of dismissal

A stipulation dismissing the cause of action must be filed together with the voucher from the financial institution acknowledging receipt of the funds.

A stipulation dismissing the cause of action shall be filed with the filing of the voucher from the financial institution acknowledging receipt of the funds.

CRITICAL

Applies to

Appearance

An attorney representing a party in any civil or criminal matter must file an appearance before addressing the Court.

An attorney representing a party in any civil or criminal matter shall file an appearance before addressing the Court.