18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICAL

Applies to

Electronically filed document

When written filings include a social security number or driver's license number, only the last four digits may be used.

(a) Social Security Number and Driver’s License Number. If an individual’s social security number or driver’s license number must be included in a document, only the last four digits of the number shall be used.

CRITICAL

Applies to

Periodic imprisonment order

Periodic imprisonment orders must set forth the terms and conditions of imprisonment, and the original plus four copies must be distributed as provided by administrative orders.

When the Court imposes a sentence of periodic imprisonment, under the Code of Criminal Procedure (730 ILCS 5/5-7-1 et seq.), or orders periodic imprisonment as a term or condition of another type of disposition, the Court shall enter an order setting forth the terms and conditions of periodic imprisonment. The original order and four (4) copies shall be distributed as provided by administrative orders of this Court.

CRITICAL

Applies to

Order vacating judgment

A Traffic Division order vacating a prior judgment must include the legal basis in writing.

When vacating an earlier judgment in the Traffic Division, the Traffic Division judge shall state the legal basis in a written order.

CRITICALCivil cases

Applies to

Order of discharge

A representative may not 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

Recommendation

In all adoption cases, the GAL must file a best-interests recommendation with the Court instead of an answer.

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

Exhibit list

Litigants/attorneys must provide a copy of their exhibit list(s) to the courtroom clerk at the start of trial.

Litigant/attorney shall provide a copy of their exhibit list(s) to the courtroom clerk at the commencement of the trial.

CRITICAL

Applies to

Motion for emergency relief

Emergencies applications must be accompanied by an affidavit stating why relief is needed on an emergency basis; if seeking relief without notice, the affidavit must describe the efforts made to notify opposing counsel.

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

CRITICALCivil cases

Applies to

Voucher

The financial institution voucher must acknowledge receipt of the funds and the Court's approval order, and for minor settlements must include the specific language starting 'No withdrawals shall be'.

The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the Court approving settlement, and for minor’s settlements, shall include the express language that “No withdrawals shall be

CRITICALCivil cases

Applies to

Affidavit of venue

Parties must sign an Affidavit of Venue to confirm venue.

The parties, other than the Illinois Department of Healthcare and Family Services, must sign an Affidavit of Venue to confirm that venue in DuPage County is proper.

CRITICAL

Applies to

Complaint

Small claims complaints must include a statement of claim setting forth the elements required by Supreme Court Rule 282, using the Clerk's approved forms.

The form of complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282 on approved forms provided by the Clerk of the Court.

CRITICAL

Applies to

Inventory

If any property is encumbered, the inventory must include a brief description of the encumbrance and principal balance owing at date of death.

If any real estate or tangible or intangible personal property is encumbered, the inventory shall include a brief description of the encumbrance and the principal balance owing at the date of death.

CRITICALCivil cases

Applies to

Affidavit

The parties shall both sign and submit a notarized affidavit containing the following: (i) Agreement that the Court has both personal and subject matter jurisdiction. (ii) Stipulation as to the grounds and description of grounds. (iii) Review of the Agreement in its entirety by the parties. (iv) Number of children born or adopted by the parties, emancipation of those children if appropriate, and the parties present conditions as to pregnancy. (v) An understanding of the terms of the Agreement and intent to be bound by them by the parties and that no one was coerced to sign the same. (vi) Entry into the Agreement freely and voluntarily by the parties. (vii) A belief that the Agreement is a fair and equitable division of the marital estate. (viii) Waiver of appearance at a prove-up by the parties. (ix) Waiver of a transcript from a prove-up by the parties. (x) If either side is a self-represented litigant, it should indicate their acknowledgment that they are not represented by opposing counsel and that they have had/waived the opportunity to confer with outside counsel prior to signing the Agreement. (xi) The parties desire that the Court approve their Agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution. (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice.

The parties shall both sign and submit a notarized affidavit containing the following: (i) Agreement that the Court has both personal and subject matter jurisdiction. (ii) Stipulation as to the grounds and description of grounds. (iii) Review of the Agreement in its entirety by the parties. (iv) Number of children born or adopted by the parties, emancipation of those children if appropriate, and the parties present conditions as to pregnancy. (v) An understanding of the terms of the Agreement and intent to be bound by them by the parties and that no one was coerced to sign the same. (vi) Entry into the Agreement freely and voluntarily by the parties. (vii) A belief that the Agreement is a fair and equitable division of the marital estate. (viii) Waiver of appearance at a prove-up by the parties. (ix) Waiver of a transcript from a prove-up by the parties. (x) If either side is a self-represented litigant, it should indicate their acknowledgment that they are not represented by opposing counsel and that they have had/waived the opportunity to confer with outside counsel prior to signing the Agreement. (xi) The parties desire that the Court approve their Agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution. (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice.

CRITICALCivil cases

Applies to

Default judgment

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

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

CRITICALCivil cases

Applies to

Account

Each guardian, executor, or administrator must present an annual report or account; the first filing is due approximately one year from the issuance of letters (status date), and thereafter as ordered by the Court.

Each guardian and each executor or administrator of an estate shall present an annual report or account of his/her administration. The date for the first filing of such accounts shall be approximately one (1) year from the issuance of letters otherwise known as the “status date.” Thereafter, accounts shall be filed as ordered by the Court.

CRITICALCivil cases

Applies to

Account

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

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

CRITICAL

Applies to

Motion for substitution of judge

Motions for substitution of judge for cause must be filed before the judge from whom substitution is sought and must be supported by affidavit.

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

Complaint

Newly filed dissolution or 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.

CRITICAL

Applies to

Probation order

Probation imposed under the Cannabis Control Act or Illinois Controlled Substances Act requires the terms and conditions to be set forth on a pre-printed Probation Order.

(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

Inventory

Inventory descriptions of causes of action must include the name of the person, nature of the cause, and if suit filed, court details and case number.

Descriptions of causes of action shall include the name of the person against whom the cause of action exists, its nature, and if suit has been instituted, the title, name of the court where pending and the case

CRITICAL

Applies to

Petition for probate handwritten will

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

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

CRITICAL

Applies to

Financial affidavit

Parties in Domestic Relations proceedings involving financial issues must provide a completed Financial Affidavit in the Supreme Court-approved form, supported by documentary evidence.

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. The Financial Affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking and credit card statements.

CRITICALCivil cases

Applies to

Motion for preliminary approval

Must include

proposed order

Each Motion for Preliminary Approval must have a Proposed Preliminary Approval Order submitted as an exhibit with specific future dates for notice, claims, objections, and final approval briefs.

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

Warrant

Every warrant of arrest must conform to statutory requirements and issue on the approved form.

Every warrant of arrest shall conform to the requirements set forth in 725 ILCS 5/107-9 of the Code of Criminal Procedure and shall issue on the appropriate approved form.

CRITICAL

Applies to

Petition for approval of settlement

The representative of a decedent's estate must file a petition for approval of a wrongful death/survival settlement, and the petition must recite the occurrence, injuries, attorney's fairness assessment, damages breakdown, fees/expenses/disbursements, 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;

CRITICALCivil cases

Applies to

Withholding order

Maintenance/support payments require an order of withholding using the Clerk's approved form; 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.

CRITICALCivil cases

Applies to

Affidavit

Counsel for Petitioners must deliver a completed affidavit from each Petitioner with background, medical history, religious background, and demographic information when the GAL is appointed as investigator.

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.

CRITICAL

Applies to

Mediation report

The mediator and Program must immediately provide a written Mediation Report to the Court if mediation is suspended or terminated or if any party fails to comply with mediation terms.

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.

CRITICALCivil cases

Applies to

Eviction mediation notice

Must include

caption, certificate of service, notice of electronic filing

Residential eviction cases filed after September 20, 2021 must include a mediation program notice in the required form, with the case caption, a certificate of service, and a notice of filing.

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

CRITICAL

Applies to

Access request juvenile proceeding

Requests for access to a juvenile proceeding must be made on the form specified in Appendix D.

Any interested person or agency shall, no later than seven (7) days before the hearing, make a request for access to the juvenile proceeding using the form found in Appendix D.

CRITICAL

Applies to

Pre sentence report

A pre-sentence report is required in every felony case unless waived by law, and in other cases if the Court orders one.

A pre-sentence report shall be made in every felony case unless waived as provided by law (730 ILCS 5/5-3-1), and in other cases as ordered by the Court.

CRITICAL

Applies to

Affidavit

submit a notarized affidavit containing the following: (i) Agreement that the Court has both personal and subject matter jurisdiction. (ii) Stipulation as to the grounds and description of grounds. (iii) Review of the Agreement in its entirety by the parties. (iv) Number of children born or adopted by the parties, emancipation of those children if appropriate, and the parties present conditions as to pregnancy. (v) An understanding of the terms of the Agreement and intent to be bound by them by the parties and that no one was coerced to sign the same. (vi) Entry into the Agreement freely and voluntarily by the parties. (vii) A belief that the Agreement is a fair and equitable division of the marital estate. (viii) Waiver of appearance at a prove-up by the parties. (ix) Waiver of a transcript from a prove-up by the parties. (x) If either side is a self-represented litigant, it should indicate their acknowledgment that they are not represented by opposing counsel and that they have had/waived the opportunity to confer with outside counsel prior to signing the Agreement. (xi) The parties desire that the Court approve their Agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution. (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice.

submit a notarized affidavit containing the following: (i) Agreement that the Court has both personal and subject matter jurisdiction. (ii) Stipulation as to the grounds and description of grounds. (iii) Review of the Agreement in its entirety by the parties. (iv) Number of children born or adopted by the parties, emancipation of those children if appropriate, and the parties present conditions as to pregnancy. (v) An understanding of the terms of the Agreement and intent to be bound by them by the parties and that no one was coerced to sign the same. (vi) Entry into the Agreement freely and voluntarily by the parties. (vii) A belief that the Agreement is a fair and equitable division of the marital estate. (viii) Waiver of appearance at a prove-up by the parties. (ix) Waiver of a transcript from a prove-up by the parties. (x) If either side is a self-represented litigant, it should indicate their acknowledgment that they are not represented by opposing counsel and that they have had/waived the opportunity to confer with outside counsel prior to signing the Agreement. (xi) The parties desire that the Court approve their Agreement(s), incorporate it/them into the Judgment and enter the Final Judgment of Dissolution. 110 | P a g e ===== PAGE 112 ===== Eighteenth Judicial Circuit | Local Court Rules III. Particular Civil Proceedings (xii) The Agreement must comment as to resumption of former names by either party, if appropriate. (xiii) The parties waive cross examination of the other party. (xiv) The parties waive physical presence in Court for these proceedings, as well as notice. (xv)

CRITICAL

Applies to

Voucher

Vouchers for ward's settlements must include express language prohibiting withdrawals without court order 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

Motion to vacate

An employer moving to vacate a conditional judgment must file its answer at the same time as the motion to vacate.

When an employer seeks to vacate a conditional judgment, the employer shall file an answer at the time the employer files the employer’s motion to vacate,

CRITICAL

Applies to

Notice of motion

Must include

caption, judge name, case number

Motions not filed in open court must be accompanied by a notice of motion specifying the judge, title and number, date, time, courtroom, and purpose including relief.

Every motion which is not filed in open court shall be accompanied by a notice of motion. The notice shall designate the judge to whom the motion will be presented for hearing; shall show the title and number of the action, the date when the motion will be presented, the time it will be presented, the courtroom where it will be presented, and the purpose of the motion, including the requested relief.

CRITICAL

Applies to

Order

When scheduling a court date change, an order must be presented to the court scheduler and must include a paragraph striking the existing date from the call.

An appropriate order must be presented to the court scheduler at the time a change in court date is scheduled. The order shall include a paragraph striking the existing date from the call.

CRITICALCivil cases

Applies to

Petition for probate

Petitions for probate of non-English wills must include a certified translation by a qualified translator.

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

Emergency motion

An emergency movant must prove the emergency by showing prior notice to the opposing party with a supporting affidavit, inability to obtain a regular-call assignment within a reasonable time, and immediate irreparable injury absent relief.

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

Consent adoption

Adoption consents must be general in nature; a consenting biological mother must concurrently execute Affidavits of Identification and Non-Support, which must be filed with the Court before entry of Judgment.

(c) All consents not governed by 750 ILCS 50/10(O) (Consent to Adoption in a proceeding under the Juvenile Court Act of 1987), shall be general in nature and be in a form substantially similar to that as provided by statute. 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

Petition

A petition for receiver appointment must set forth sufficient facts, though the deficiency can be cured at an evidentiary hearing.

A petition for the appointment of a receiver shall set forth sufficient facts to warrant the appointment; mere conclusions will not suffice. However, failure to set forth such facts may be cured if the Court holds an evidentiary hearing on the petition and sufficient facts are adduced at that hearing.

CRITICAL

Applies to

Guardian or temporary guardian account

A guardian or temporary guardian's account must disclose any known pending suit or proceeding involving the estate or its representative.

An account of a guardian or temporary guardian shall disclose pendency of any suit or proceeding, if known, by or against the estate or representative of the estate.

CRITICAL

Applies to

Petition for fees

The GAL must submit a Petition for Award of Fees and Costs with supporting billing records before entry of the adoption 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.

CRITICALCivil cases

Applies to

Petition

This petition should also allege that a judgment will not be requested until the death or request of the person’s biological and or legal parent(s).

This petition should also allege that a judgment will not be requested until the death or request of the person’s biological and or legal parent(s).

CRITICAL

Applies to

Motion

Motions for temporary custody hearings by DCFS must include an affidavit detailing reasonable efforts to prevent removal.

Any motion for a temporary custody hearing filed by the Department of Children and Family Services in the case of an alleged abused, neglected or dependent minor, must be accompanied by an affidavit signed by a representative of the Department of Children and Family Services setting forth the efforts taken by the Department of Children and Family Services to prevent or eliminate the necessity of removal of the minor from his or her home. This affidavit shall be attached to the motion.

CRITICALCivil cases

Applies to

Final judgment

Final judgment must include proof of completion of parenting class by both parties where applicable.

(xv) Proof of completion of parenting class where applicable by both parties.

CRITICAL

Applies to

Petition for receiver appointment

A petition for appointment of a receiver must state sufficient facts to warrant the appointment; mere conclusions are insufficient.

A petition for the appointment of a receiver shall set forth sufficient facts to warrant the appointment; mere conclusions will not suffice.

CRITICAL

Applies to

Out of state travel authorization

Out-of-state travel authorizations under a Probation Certificate must be in writing.

(c) When the Probation Certificate permits the defendant to leave the state, the Senior Supervisor of Adult Division or the Senior Supervisor of Adult Division’s designee may authorize up to thirty (30) days of out-of-state travel. All authorizations shall be in writing.

CRITICAL

Applies to

Exhibits

Separately filed exhibits, even in the same transaction, must be submitted with the DuPage Exhibit Cover Sheet (Form 4393) or risk 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.

CRITICALCivil cases

Applies to

Motion to vacate

An employer moving to vacate a conditional judgment must file an answer at the same time as the motion to vacate.

When an employer seeks to vacate a conditional judgment, the employer shall file an answer at the time the employer files the employer’s motion to vacate, and must send Notice of Motion, together with the employer’s answer and motion to vacate the conditional judgment, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

CRITICALCivil cases

Applies to

Inventory

Each inventory must classify personal estate items as good, doubtful, or desperate, and state total value, annual real estate income, and bond amount and type.

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

Amended inventory

Amended or supplemental inventories must be filed and approved by a judge when property was erroneously described, assets were improperly included or excluded, or additional assets were received.

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