18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICALCivil cases

Applies to

Final settlement

On final settlement, the guardian is not discharged unless the ward appears and acknowledges the settlement, unless the Court waives attendance based on affidavit or other evidence.

On the final settlement of a ward’s estate, if the person entitled to the estate is the ward, the guardian will not be discharged unless the ward appears in court and acknowledges the settlement. The personal attendance of the ward and the ward’s acknowledgment of the settlement may be waived, however, if the Court is satisfied, by affidavit of the ward or by other evidence, that the final settlement is correct, that the ward is in possession of all of the ward’s estate, and that the personal attendance of the ward is impracticable.

CRITICAL

Applies to

Motion for leave to file under seal

A motion for leave the file under seal must explain the legal basis and cannot attach the proposed sealed document.

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.

CRITICAL

Applies to

Jury waiver

If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.

If, after proper admonition pursuant to 725 ILCS 5/103-6 of the Code of Criminal Procedure, the defendant elects to waive the right to trial by jury, such waiver shall be made in open court and may be evidenced by execution of an approved waiver form supplied by the Clerk.

CRITICAL

Applies to

Rule to show cause

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

Summons

Residential eviction summonses must include a notice of available resources and a brochure, but failure to include them does not affect the court's jurisdiction.

A RESIDENTIAL TENANT NAMED AS A DEFENDANT HEREIN, YOU ARE FURTHER GIVEN NOTICE that there are resources available to assist you, including financial counseling services, legal assistance, and other resources, many of which are identified in the brochure being provided to you herewith (a copy of which may be found at https://www.dupageco.org/courts/ (b) However, consistent with S. Ct. Rule 101(g), failure to include the language or brochure above described on or with the summons shall not affect the jurisdiction of the court.

CRITICALCivil cases

Applies to

Voucher

Vouchers for minor's settlements must include express language restricting withdrawals until the minor reaches the age of majority.

made from this account, unless authorized by order of Court, at any time prior to (date upon which the minor will reach the age of majority).”

CRITICAL

Applies to

Motion for preliminary approval

Must include

proposed order

Every Motion for Preliminary Approval must attach a Proposed Preliminary Approval Order that includes proposed dates for notice, claims, objections, exclusions, final approval briefs, and fee requests.

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

Order approving settlement

The order approving a minor's settlement must provide for appointment of 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

Motion for preliminary approval

Must include

proposed order

A proposed Preliminary Approval Order must be submitted as an exhibit to the Motion for Preliminary Approval and must set specific proposed future dates.

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

Motion for substitution of judge for cause

A Motion for Substitution of Judge for Cause must be filed with a supporting affidavit and submitted to 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

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.

CRITICALCivil cases

Applies to

Petition

Petitions and motions must recite the statutory or case law basis for the relief sought, or they 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.

CRITICALCivil cases

Applies to

Petition for fees

GAL must submit a petition for fees and costs with billing records before judgment.

Prior to the entry of Judgment for Adoption, the GAL shall prepare and submit to the Court a Petition for Award of Fees and Costs, with supporting billing records or invoices.

CRITICAL

Applies to

Notarized affidavit

The parties shall both sign and submit a notarized affidavit containing the following:

The parties shall both sign and submit a notarized affidavit containing the following:

CRITICAL

Applies to

Proposed judgment

Must include

proposed order

Counsel must submit a proposed Judgment of Adoption to the Court and GAL.

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

Probation order

Probation imposed under the Cannabis Control Act or Illinois Controlled Substances Act must be recorded on a pre-printed Probation Order setting out the terms and conditions of probation.

(b) 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

Petition for settlement approval

A petition for approval of a wrongful death or survival settlement must recite six specified items: description of the occurrence, injuries, attorney assessment of fairness, damages breakdown, fee and disbursement list, 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

Motion

Must include

caption

Applications for relief must be made by motion, and the motion's title must indicate the relief sought and the applicable Code of Criminal Procedure or Supreme Court Rule section.

Unless otherwise dictated by statute or Supreme Court Rule, any application for an order or other relief shall be made by filing a motion. The title to each motion shall indicate the relief sought and the applicable section of the Code of Criminal Procedure or Supreme Court Rule.

CRITICAL

Applies to

Motion

Motions for Substitution of Judge for Cause must be supported by an affidavit and filed 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

Inventory

Inventory real estate descriptions must include the legal description, street and number, improvements and encumbrances, trustee identification for beneficial interests, and possession status of each parcel.

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

Notice

Notice must include time, place, nature of hearing, and specific binding language.

(iv) The notice shall contain the time, place and nature of the hearing and 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.”

CRITICALCivil cases

Applies to

Petition for settlement approval

The settlement petition 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

CRITICAL

Applies to

Marital settlement agreement

The Marital Settlement Agreement must reference statutory calculation for child support and maintenance or specify the basis for deviation/waiver,and must 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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A proposed final approval order must be submitted as an exhibit with 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

Electronically filed document not putting space

(b) Names of Minor Children. 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.

(b) Names of Minor Children. 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.

CRITICAL

Applies to

Petition for guardian investment

Petitions by plenary guardians or guardians of the estate to invest ward property must identify the statutory investment category and state that the investment complies with that category's limitations.

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.

CRITICAL

Applies to

Order approving settlement

The order approving settlement must provide for distribution of the settlement funds and filing of vouchers evidencing receipt of any portion of the fund with the Court within a time prescribed by the Court.

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

Settlement order

Upon settlement, parties must immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date, and notify the Program.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties or any appointed CASA shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date. The parties shall also notify the Program that the mediation will not take place as scheduled.

CRITICAL

Applies to

Motion

All requests for court action must be made by motion after the petition is filed.

After the petition is filed, all requests for action by the court shall be made by motion. Motions and Notice of Motions will be made pursuant to the Code of Civil Procedure, Supreme Court Rules and Rules of the Circuit Court.

CRITICAL

Applies to

Mediation report

Mediator must immediately advise the Program, and the Program must immediately inform the Court in writing via a Mediation Report if mediation is suspended or terminated or if parties fail to comply.

The mediator shall immediately advise the Program and the Program shall immediately inform the Court in writing via a Mediation Report if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of mediation.

CRITICAL

Applies to

Petition for probate will foreign language

Petitions to probate a will written in a foreign language must include a facsimile plus a translation certified by a qualified translator.

(b) 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.

CRITICALCivil cases

Applies to

Petition for expenditure

Petitions for expenditure for a ward must be in writing and state the estate value, annual income, and 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

First pleading and all documents

First pleadings and all subsequent filings must contain the 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

Mediation agreement

Parties must present their mediated agreement to the Court to enter as an Order at the status/trial date.

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.

CRITICAL

Applies to

Petition

After filing a notice of appeal, the fee-waiver applicant must file a petition explaining what and why the requested fees and costs are necessary to the appeal, including specific dates where applicable.

Upon filing a notice of appeal, the applicant shall file a petition stating what and why requested fees and costs are necessary to the appeal, including specific dates (if applicable) as to the fees and costs requested.

CRITICAL

Applies to

Bond

Surety company bonds require a current certified copy of the surety's authority on file with the Clerk and verified power of attorney or certificates of authority attached.

Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety’s authority to transact business in the State, as issued by the Director of Insurance, is on file with the Clerk of the Court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

CRITICAL

Applies to

Acknowledgment

Foreign acknowledgments and affidavits must be accompanied by a certified keeper-of-records certificate stating the official was authorized and the signature is genuine.

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.

CRITICALCivil cases

Applies to

Motion

The first page of a Motion for Final Approval must contain an Introduction Section reciting thirteen mandatory items about the class action settlement, notice, and fee request.

(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) 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 (xiii) the proposed class representative award and proposed fee request.

CRITICALCivil cases

Applies to

Settlement petition

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

Inventory

Inventory descriptions of stock, bonds, debentures, and notes must include specific identifying details.

shall include the number of shares, class of stock, exact corporate title, and state of incorporation if necessary for the purposes of identification. Description of bonds and debentures shall include the total face value, name of obligor, kind of bond or debenture, rate of interest, date of maturity, interest dates, coupons attached or date which interest is paid, and endorsements. Descriptions of notes owed to the decedent shall include the face amount and unpaid balance, date of note, date of maturity, name of maker, interest dates, rate of interest, date to which interest is paid, endorsements, and if secured, a description of the security.

CRITICAL

Applies to

Mediation agreement

Mediation agreement must be reduced to writing and signed by the parties or their agents.

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

Judgment

Judgment orders requiring money payments (other than child support/maintenance) must be titled 'Judgment for Dissolution and Money Judgment'.

When a Judgment resolving a domestic relations matter requires the payment of an amount of money for reasons other than child support or maintenance, the Judgment order shall be entitled Judgment for Dissolution and Money Judgment.

CRITICALCivil cases

Applies to

Appearance

The Guardian ad Litem must file an appearance within 14 days of appointment.

In all cases, the Guardian shall file an appearance as Guardian ad Litem for the adoptee within 14 days of appointment.

CRITICAL

Applies to

Petition for withdrawal

A petition for withdrawal from a minor's or ward's account must be in writing and state the account balance, annual income, withdrawal amount and 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

Emergency motion

Emergency relief applications must include an affidavit stating the emergency reason and notice attempts; failure to attach results in 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.

CRITICALCivil cases

Applies to

Answer

If the GAL files an answer on behalf of the adoptee, it must comply with 735 ILCS 5/2-610.

If the GAL chooses, an answer may be filed on behalf of the adoptee. This pleading must comply with 735 ILCS 5/2-610.

CRITICAL

Applies to

Petition for authorization

Civil surety authorization requires a verified petition stating compliance, with specified attachments including license, financial statement, powers of attorney, and 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

Parenting plan

An Allocation Judgment/Parenting Plan may enter as an 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).

CRITICAL

Applies to

Civil surety bond

Bonds executed by a civil surety are approved only if the surety's current certified license is on file with the Clerk and a verified power of attorney or certificate of authority for each authorized bond signer is 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

Consolidation document

Must include

caption

All consolidation documents must list captions of all involved cases, with the case to be consolidated on top and the receiving case below.

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