18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICAL

Applies to

Motion

A receiver's attorney may be employed only by court order upon the receiver's written motion stating the reasons and naming the attorney.

An attorney for the receiver shall be employed only upon order of the Court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

CRITICAL

Applies to

Temporary relief petition

In temporary relief proceedings, the moving party must serve proper notice and provide the opposing counsel with the necessary Financial Affidavit.

Except as otherwise provided by law, in all proceedings involving petitions for temporary relief, the moving party shall serve proper notice in accordance with Local Rule 6.04 and provide, to opposing counsel, the necessary Financial Affidavit in accordance with Local Rule 15.05.

CRITICAL

Applies to

Approved absence log

The Senior Supervisor must keep an approved-absence log documenting case number, probationer name, departure and return dates, destination, and travel purpose.

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

Search warrant

Every search warrant must be supported by a complaint written on the approved form.

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

Court document

Must include

caption

After consolidation, all court documents must list captions of all consolidated cases, with principal case at bottom and transferred case at top.

Once a motion to consolidate has been granted, and for as long as the consolidation is in effect, all court documents concerning said cases shall bear the captions of all consolidated cases with the principal case’s caption at the bottom and the transferred case’s caption at the top.

CRITICALCivil cases

Applies to

Motion for preliminary approval

The first page of a Motion for Preliminary Approval must include an Introduction Section listing ten enumerated items, including class details, settlement terms, and proposed deadlines.

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 potential class size; (iii) whether the settlement is a claims-made or an opt-out settlement for the class; (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

Summons

Every summons issued in lieu of a warrant of arrest must conform to statutory requirements and be issued on the approved form.

Every summons issued in lieu of a warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-11 of the Code of Criminal Procedure and shall be issued on the appropriate approved form.

CRITICALCivil cases

Applies to

Inventory

Each inventory and amended 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.

CRITICAL

Applies to

Verified petition

A verified petition executed by the minor's or ward's legal representative must be filed to settle a claim, reciting the occurrence, respondent, insurance carrier and policy limits, injuries and medical expenses, and a fairness recommendation.

(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.

CRITICAL

Applies to

Motion for final approval

Must include

proposed order

A proposed final approval order must be submitted as an exhibit to any Motion for Final Approval.

(2) A Proposed Final Approval Order shall be submitted as an exhibit to any Motion for Final Approval.

CRITICAL

Applies to

Pleading

If incorporating facts by reference would make a pleading not readily comprehensible, those facts must be realleged verbatim.

If the incorporation of facts by reference to another pleading or to another part of the same pleading will cause a pleading not to be readily comprehensible, such facts shall be realleged verbatim.

CRITICAL

Applies to

Motion for final approval

Must include

proposed order

Every Motion for Final Approval must attach, as an exhibit, a Proposed Final Approval Order.

A Proposed Final Approval Order shall be submitted as an exhibit to any Motion for Final Approval.

CRITICAL

Applies to

Prove up

The necessary prove-up documents include Judgment of Dissolution, Marital Settlement Agreement, Final Allocation Judgment, Child Support Calculation, Certificates of Completion, and 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

CRITICAL

Applies to

Emergency motion

The proponent of an emergency matter must prove the emergency by providing prior notice to the opposing party, a supporting affidavit, inability to obtain a regular assignment, and immediate irreparable injury.

The proponent of an alleged “emergency” matter shall have the initial burden of proving the emergency which burden shall include, at a minimum: (1) Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08; (2) Inability to obtain an assignment on the regularly scheduled call within a reasonable time given the circumstances for which or from which relief is sought; and (3) That immediate and irreparable injury, loss or damage will result if the relief is not granted.

CRITICAL

Applies to

Withholding order

Maintenance or support payments must be made through an order of withholding obtained on a separate court order using the Clerk's approved 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.

CRITICAL

Applies to

Inventory

Each estate inventory must classify non-cash personal estate items as good, doubtful, or desperate and state the estate's total value, annual real estate income, and bond details.

Each 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.

CRITICALCivil cases

Applies to

Marital settlement agreement

Marital Settlement Agreement must reference statutory calculation for child support and maintenance, specify basis for deviation/waiver/reservation, and explain any disproportionate distribution of marital property.

With respect to the Marital Settlement Agreement, setting of child support and maintenance shall reference calculation pursuant to statute (i.e., income and duration, income sharing) and/or specify the basis for deviation and/or waiver or reservation of the same. Disproportionate distribution of marital property (assets and liabilities), if any, shall also be explained.

CRITICAL

Applies to

Affidavit of due diligence

A party seeking a 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.

CRITICAL

Applies to

Petition for probate non english will

A petition for probate of a non-English will must include a translation by a qualified translator who certifies the translation is correct.

With a petition for probate of a will in language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

CRITICAL

Applies to

Motion for waiver of venue

When neither party resides in DuPage County, a written motion for waiver of venue must advise the Court the forum is improper and seek an order allowing waiver.

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.

CRITICAL

Applies to

Petition and motion

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

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

A Financial Affidavit is required in Title IV-D cases where HFS seeks child support for an individual, but supporting documentary evidence is not required.

A Financial Affidavit shall be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of an individual, however supporting documentary evidence shall not be required.

CRITICAL

Applies to

Inventory

Each inventory item must be assigned consecutive Arabic numbers starting with 1, carried forward into accounts, with additional numbers for new items.

Consecutive item numbers, commencing with Arabic “1,” shall be assigned to each item inventoried and carried forward into each account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts.

CRITICAL

Applies to

Mediation report

Mediation progress report must be submitted on a Court approved form.

The mediator shall, on a Court approved form, report to the Court on the progress of mediation within ten (10) days of the termination of the last mediation session, but in no event after the assigned status date.

CRITICAL

Applies to

Order of discharge

A representative cannot be discharged until an Order of Discharge in the court-prescribed form is entered.

A representative shall not be discharged until the entry of an Order of Discharge in the form prescribed by the Court.

CRITICAL

Applies to

Verified petition

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.

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

Electronically filed document

Dates of birth in filed documents must be redacted to only the year.

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

CRITICAL

Applies to

Inventory

If no appraisers are appointed, the receiver must investigate and show in the inventory the value of each item listed.

If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

CRITICAL

Applies to

Admission order interested person agency

The order granting admission to an interested person or agency must use the form prescribed in Appendix D.

The form of an order for admission of an interested person or agency shall be as prescribed in Appendix D.

CRITICALCivil cases

Applies to

Notice

The notice accompanying an account must contain substantially the stated sentence about the account being binding upon approval.

substantially the following sentence: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”

CRITICAL

Applies to

Rule to show cause petition

A Rule to Show Cause issues only upon proper Notice and Motion and a prima facie showing of contempt by verified pleading.

No Rule to Show Cause shall issue except upon proper Notice and Motion, and except upon a prima facie showing of contempt by verified pleading.

CRITICAL

Applies to

Petition

The adoption petition must be filed by the person(s) seeking to adopt the child.

The petition shall be filed by the person(s) seeking to adopt the child.

CRITICAL

Applies to

Pre sentence investigation report

The presentence investigation report must cover the enumerated categories including prior offenses, family history, residence, education, health, employment, military history, finances, and co-defendant status.

(3) Any record of prior offenses; (4) Family history; (5) Residential history; (6) Educational background; (7) Religion (optional); (8) Interests and activities; (9) Health and health history; (10) Employment history; (11) Military history; (12) Financial resources; (13) Impressions and summary; (14) Recommendations if requested by the Court; (15) Status or disposition of co-defendants.

CRITICAL

Applies to

Search warrant

Every search warrant must be supported by a complaint written on the appropriate approved form.

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.

CRITICAL

Applies to

Affidavit of military service status

An affidavit as to military service status must be filed when the identity of a putative father 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

Affidavit

An affidavit of military service status must be filed for any person sought to be defaulted where the identity of a putative father 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.

CRITICALCivil cases

Applies to

Petition for approval

Petition to approve a wrongful death/survival settlement must recite the occurrence, injuries, fairness assessment, damages breakdown, fees/expenses, and probate action status.

To settle a cause of action on behalf of a decedent for personal injuries and/or for the wrongful death of a person, the representative of the decedent’s estate shall file in the court a petition for approval of the settlement of the cause of action. A petition for approval shall recite: (1) A brief description of the occurrence giving rise to the cause of action; (2) A brief description of the injuries sustained and/or facts giving rise to the cause of death of the decedent; (3) A brief assessment by the attorney based upon the facts and the law that the proposed settlement is fair and reasonable; (4) A breakdown and percentage of proposed wrongful death, pecuniary loss, and survival damages along with factual bases to support said proposal; (5) A list of fees, expenses, lien distribution, and overall disbursement to the heirs and estate; (6) A statement as to whether a probate action is pending DuPage County or some other county;

CRITICAL

Applies to

Rule to show cause

A Rule to Show Cause will not issue without proper notice and motion and a prima facie showing of contempt by verified pleading.

No Rule to Show Cause shall issue except upon proper Notice and Motion, and except upon a prima facie showing of contempt by verified pleading.

CRITICAL

Applies to

Motion

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

Every motion, and each basis in the motion, brought pursuant to the Code of Criminal Procedure or Supreme Court Rule shall be identified by the Code of Criminal Procedure section and/or the Supreme Court Rule number under which it is brought.

CRITICAL

Applies to

Appearance

Attorneys in civil or criminal matters 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.

CRITICAL

Applies to

Complaint

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

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

Guardian account

A guardian's account must state the ward's physical location and whether the ward attends school or has an 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

Agreed order

Attorneys or parties must submit an agreed order striking all future dates assigned by the Circuit Court 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

A petitioner seeking default by 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

Complaint

Newly filed dissolution or declaration of invalidity cases with minor children must designate the complaint as '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.

CRITICALCivil cases

Applies to

Investment petition

Investment petitions must identify the investment category under 755 ILCS 5/21-2.01 through 5/21-2.14, state compliance with applicable 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.

CRITICALCivil cases

Applies to

Affidavit

Petitioners must file an affidavit detailing search efforts when seeking default by publication.

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.

CRITICALCivil cases

Applies to

Exhibit

Exhibits filed separately from associated documents due to size limits must include DuPage Exhibit Cover Sheet (Form 4393), or may be rejected.

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

Motion

A motion to require sureties to justify must be accompanied by an affidavit stating the grounds for believing the sureties are insufficient, the manner of inquiry, and the facts ascertained.

assured by a bond executed in this Court may by motion request the sureties to justify. 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. If the

CRITICAL

Applies to

Conditional discharge order

A Conditional Discharge order must be completed and signed by both the judge and the defendant.

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.