18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICAL

Applies to

Petitioner background affidavit

When the GAL serves as adoption investigator, each Petitioner must provide an affidavit covering background, medical history, religious background, demographics, and required exhibits.

In adoptions where the GAL is appointed as investigator, counsel for the Petitioner(s) shall deliver a completed affidavit from each Petitioner concerning their background, including medical history, religious background, general demographic information, together with any exhibits required.

CRITICALCivil cases

Applies to

Affidavit

Petitioner's counsel must file an affidavit stating the status of any appeal.

counsel for the petitioner must file an affidavit stating with particularity the status of any appeal

CRITICAL

Applies to

Travel authorization

All authorizations for out-of-state travel must be in writing.

All authorizations shall be in writing.

CRITICAL

Applies to

Electronically filed document

Filing parties are responsible for ensuring e-filed documents do not reveal sealed, impounded, or otherwise protected information.

It is the responsibility of the filing party or counsel to ensure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or private information defined in Supreme Court Rules 15 and 138.

CRITICAL

Applies to

Verification

Adoption judgment cannot be entered until appeal rights of each parent are 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

Motion for preliminary approval

Must include

proposed order

A proposed preliminary approval order must be submitted as an exhibit to any Motion for Preliminary Approval, including proposed specific future dates for notice, claims, objections, exclusions, final approval briefs, and attorney's fees.

(3) A Proposed Preliminary Approval Order shall be submitted as an exhibit to any Motion for Preliminary Approval and shall have proposed specific future dates for notice to be disseminated, claims to be submitted, objections or exclusions to be submitted, final approval briefs and request for attorney’s fees to be submitted, etc.

CRITICAL

Applies to

Inventory

Inventory descriptions of real estate must include legal description, street and number, improvements, encumbrances, trustee information if applicable, and possession status.

Descriptions of real estate shall include the legal description of each parcel, street and number, if any, the improvements and encumbrances. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated. As to each parcel of real estate listed, the inventory shall state whether the representative is in possession, or if not, the reason the representative is not in possession. (See 755 ILCS 5/20-1, Probate Act)

CRITICAL

Applies to

Pleading appearance order

The first pleading, all subsequent documents, and orders must contain the filing attorney's (or pro se party's) name, address, and telephone number, and attorneys must include their 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

Bond

Civil surety bonds require a current certified copy of the surety's license on file with the Clerk and a verified power of attorney or certificate of authority attached.

Bond with a civil surety will be approved only if a current, certified copy of the surety’s license (issued under the Illinois Insurance Code or the Illinois Bail Bond Act) is on file with the Clerk of the Circuit Court, and a verified power of attorney or certificate of authority for each person authorized to execute bonds for the surety is attached to the bond.

CRITICALCivil cases

Applies to

Emergency relief application

Applications for emergency relief must be accompanied by an affidavit explaining the emergency and, for without-notice requests, attempts to notify opposing counsel; failure to attach it grounds denial.

Each application for emergency relief shall be accompanied by an affidavit by the movant or movant’s attorney stating the reason the requested relief is necessary on an emergency basis, and in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing counsel of the request for emergency relief. Failure to attach said affidavit(s) to the request for emergency relief shall be sufficient grounds for denial of same.

CRITICAL

Applies to

Motion

Each motion's title must state the relief sought and cite 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

Verified petition

A verified petition executed by the legal representative must be filed to settle a minor's or ward's personal injury, wrongful death, or survival claim, reciting the occurrence, adverse party, insurance coverage, injuries and expenses, and a fairness recommendation.

To settle a cause of action for personal injuries sustained by a minor or ward, or any other 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. A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph 4 upon good cause shown. (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.

CRITICAL

Applies to

Petition for withdrawal

A petition to withdraw funds from a ward's or minor's account must be in writing and state the account balance, annual income, amount and purpose of withdrawal, and last authorization for the same purpose.

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.

CRITICALCivil cases

Applies to

Prove up

Prove-up requires specific documents: Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment, Child Support Calculation, Certificates of Completion, Certificate of Dissolution.

The necessary prove-up documents are: (1) Judgment of Dissolution (2) Marital Settlement Agreement (3) Final Allocation Judgment – Allocation of Parental Responsibilities and Parenting Plan (if applicable) (4) Child Support Calculation (if applicable) (5) Certificates of Completion of Caring and Coping Class (if applicable) (6) Certificate of Dissolution

CRITICALCivil cases

Applies to

Annual accounting

For minor wards, the Guardian of the Estate must file an annual accounting of the ward's finances; the Court may extend or excuse it.

In all guardianship cases where the ward is a minor, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the ward. Upon its own motion or at the request of the Guardian of the Estate, the Court may extend or excuse the annual accounting as the Court deems appropriate.

CRITICAL

Applies to

Appearance

Attorneys must file an appearance with the Clerk before addressing the Court on behalf of a represented party.

All attorneys shall file an appearance with the Clerk before addressing the Court on behalf of any represented party.

CRITICALCivil cases

Applies to

Account

A guardian's account must state the ward's physical location and the fact of school attendance or occupation.

An account of a guardian shall state the physical location of the ward and the fact of attendance at school or occupation.

CRITICAL

Applies to

Pleading

A GAL supporting or opposing relief must file a proper pleading and serve copies on all parties.

If the GAL wishes to support or oppose any relief sought by the movant, a proper pleading must be filed which advances the GAL’s position. Copies of such pleadings must be served on all parties as required by the applicable Rules.

CRITICAL

Applies to

Probation certificate

Probation imposed under the Code of Criminal Procedure must be recorded on the approved pre-printed Probation Certificate form, which must set out the terms and conditions of probation.

(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.

CRITICALCivil cases

Applies to

Biennial report

For minor wards, the Guardian of the Person must file a biennial report on the ward's condition, with the first report due within 12 months of appointment; the Court may extend it.

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.

CRITICAL

Applies to

Inventory

The receiver must file with the inventory a list of the estate's then-known liabilities unless the court orders otherwise.

Unless the Court orders otherwise, the receiver shall file with the inventory required by Rule 11.03(a) a list of the then known liabilities of the estate.

CRITICAL

Applies to

Electronically filed document

Financial account numbers and debit/credit card numbers must be redacted to the last four digits when included.

(d) Financial Account Numbers and Debit/Credit Card Numbers. If financial account or Debit/Credit Card numbers are relevant, only the last four digits of these numbers shall be used.

CRITICALCivil cases

Applies to

Verified petition

To settle a claim involving a minor or ward, an executed verified petition must be filed by the legal representative reciting the specified five categories of information.

(a) To settle a cause of action for personal injuries sustained by a minor or ward, or any other 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. A current medical certificate or letter executed by the attending physician stating the nature and extent of the injuries sustained by the minor or ward and the prognosis for the minor or ward, if it exists or if it is requested by the Court. The Court may waive the provisions of this sub-paragraph 4 upon good cause shown. (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.

CRITICAL

Applies to

Notice of appearance

An attorney for a defendant in a felony or misdemeanor case must file a written appearance and serve it upon 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

Probation order

For probation imposed under the Cannabis Control Act or Illinois Controlled Substances Act, the Court must set out the terms and conditions on a pre-printed Probation Order.

When the Court imposes probation under the Cannabis Control Act (720 ILCS 550/10), or under the Illinois Controlled Substances Act (720 ILCS 570/410), the Court shall set forth on a pre-printed Probation Order the terms and conditions of the probation.

CRITICAL

Applies to

Objection to access juvenile proceeding

An objection to access must be filed using the form specified in Appendix D.

A party objecting to the admission of an interested person or agency shall file its objection no later than three (3) days before the hearing using the form found in Appendix D.

CRITICAL

Applies to

Hearing report

Contested hearings resulting in a final custody, parental responsibilities, or relocation order must be reported.

Every contested hearing which will result in a final custody or allocation of parental responsibilities or relocation order shall be reported.

CRITICAL

Applies to

Marital settlement agreement

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

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

CRITICAL

Applies to

Expungement petition

A petition to expunge felony or misdemeanor arrest records must be in writing and brought before the Presiding Judge of the Felony or Misdemeanor Division.

Any petition to expunge records of felony or misdemeanor arrest from official records pursuant to 20 ILCS 2630/5.2 or 730 ILCS 5/5-6-3.1 shall be in writing and shall be brought before the Presiding Judge of the Felony Division or of the Misdemeanor Division, respectively, who may, in the Presiding Judge’s discretion, enter an order expunging the record of arrest.

CRITICAL

Applies to

Inventory

Inventory descriptions of partnership interest must include partnership name, address, and approximate estate interest if known.

Descriptions of partnership interest shall include the partnership name and address and the approximate interest of the estate, if known.

CRITICAL

Applies to

Maintenance support 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

Attorneys must file an appearance with the Clerk before addressing the Court on behalf of any represented party.

All attorneys shall file an appearance with the Clerk before addressing the Court on behalf of any represented party.

CRITICAL

Applies to

Inventory

Every inventory, amended inventory, or supplemental inventory must be presented to the judge for filing and approval.

Each inventory and amended or supplemental inventory shall be presented to the judge for filing and approval.

CRITICALCivil cases

Applies to

Motion

(e) 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.

(e) 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.

CRITICAL

Applies to

Pleading

All pleadings, appearances, documents, and orders must include the filer'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.

CRITICALCivil cases

Applies to

Voucher

Vouchers for ward's settlements must include express language restricting withdrawals until the ward no longer has a guardian.

For ward’s settlements, the vouchers shall include the express language that “No withdrawals shall be made from this account, unless authorized by order of Court until such time as the ward no longer has a guardian.”

CRITICAL

Applies to

Prove up

Necessary prove-up documents include Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment (if applicable), and Child Support Calculation (if applicable).

The necessary prove-up documents are: (1) Judgment of Dissolution (2) Marital Settlement Agreement (3) Final Allocation Judgment – Allocation of Parental Responsibilities and Parenting Plan (if applicable) (4) Child Support Calculation (if applicable)

CRITICALCivil cases

Applies to

Mediation referral order

The Mediation Referral Order must include the Program's contact information, mediation instructions, and instructions for proceeding with or without an agreement, including a return-court date for STATUS or TRIAL.

The Court’s Mediation Referral Order for the Program shall include: (i) The Program’s contact information. (ii) 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; (iii) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (iv) 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

Speedy trial demand

Must include

caption, case number

A speedy trial demand must be in writing with proper caption and case number, signed and dated by the defendant or defense attorney; the requirements are mandatory and a noncompliant demand is not recognized unless the State had actual notice and the interests of justice require recognition.

In writing with proper caption and case number signed and dated by the defendant or the defendant's attorney;

CRITICALCivil cases

Applies to

Recommendation

In all cases, in lieu of an answer, file with the Court a recommendation as to what is in the best interest of the child based upon a review of all available data.

In all cases, in lieu of an answer, file with the Court a recommendation as to what is in the best interest of the child based upon a review of all available data.

CRITICAL

Applies to

Mediation referral order

The Court's Mediation Referral Order must include instructions on mediation logistics, procedure if an agreement is reached, and procedure if no agreement is reached (including a return-to-court date for STATUS or TRIAL).

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 in the referral order is for “TRIAL”).

CRITICALCivil cases

Applies to

Settlement petition

The settlement petition must include affidavits from the representative and/or heirs 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;

CRITICALCivil cases

Applies to

Affidavit

Affidavit of military service status required when putative father's identity is known.

An affidavit as to military service status of any named person sought to be defaulted must also be filed in all cases where the identity of a putative father has been made known to the Petitioner or any other party to the proceeding.

CRITICAL

Applies to

Petition

A petition seeking 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).

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.

CRITICAL

Applies to

Affidavit

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

When an order of default is obtained, if any fees are recoverable, at the Court’s discretion, the attorney shall present an affidavit stating the nature of the services performed, the number of hours spent, the attorney’s hourly rate, statement of the level of experience and expertise of the attorneys, and that number of hours spent and the hourly rate charged per hour are fair and reasonable according to the standards of the local community.

CRITICAL

Applies to

Speedy trial demand

Compliance with Rule 30.06 is mandatory; a non-compliant speedy trial demand will not be recognized unless the State had actual notice and the interests of justice require recognition.

The requirements of Rule 30.06 are mandatory and a demand for trial that does not comply with the foregoing shall not be recognized unless the Court finds that the State had actual notice of defendant’s trial demand and that the interests of justice require recognition of such demand.

CRITICAL

Applies to

Plan

The Plan must include all mandatory clauses, such as a mediation provision.

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

CRITICAL

Applies to

Affidavit of identification or location efforts

To obtain an interim custody order when the other biological parent's whereabouts are unknown, the court requires an Affidavit of Identification and/or an Affidavit detailing the location efforts.

In order to make such a showing, the Court will require, at a minimum, an Affidavit of Identification and/or an Affidavit showing factually what steps have been taken to locate and notify the absent biological parent;

CRITICALCivil cases

Applies to

Electronic document

E-filed documents must include typed name, email, address, and phone number of the filer; attorneys must include DuPage County Attorney Number.

Each electronically filed document shall also include the typed name, email address, address, and telephone number of the attorney or pro se party filing such document. Attorneys shall include their DuPage County Attorney Number on all documents.