18th Judicial Circuit Court, DuPage County Document Filing Requirements

CRITICAL

Applies to

Sentencing hearing

Social investigation reports and court-ordered evaluations are due three days before the sentencing hearing.

The following document shall be due three (3) days before the hearing: (i) Social investigation report under section 5-701 of the Juvenile Court Act; and (ii) Any court-ordered evaluations.

CRITICALCivil cases

Applies to

Motion

Counsel must prepare a motion, order, and verification statement for certification of appeal status.

Counsel is responsible for preparing an appropriate motion, order and verification statement.

CRITICALCivil cases

Applies to

Petition for approval

10.02 SETTLEMENT IN A WRONGFUL DEATH AND/OR SURVIVAL ACTION (a) 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;

10.02 SETTLEMENT IN A WRONGFUL DEATH AND/OR SURVIVAL ACTION (a) 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

Inventory

The receiver's inventory must cover all estate property, real, personal or mixed, and designate the property the receiver has taken possession or control of.

an inventory of all property – real, personal or mixed – of the estate, designating the property of which the receiver has taken possession or control

CRITICALCivil cases

Applies to

Annual accounting

For disabled adult 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 estates wherein the ward is a disabled adult, 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, the Court may extend or excuse the annual accounting as the Court deems appropriate.

CRITICAL

Applies to

Motion for preliminary approval

A motion for preliminary approval of a class action must have a first-page Introduction Section reciting the cause description, jurisdiction/venue basis, potential class size, and settlement type.

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;

CRITICALCivil cases

Applies to

Stipulation dismissal

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

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

CRITICAL

Applies to

Motion

A motion to change an arbitration hearing date must be verified, state the reason in concise terms, and comply with Supreme Court Rule 137.

The motion shall be verified, contain a concise statement of the reason for the change of hearing date, and be subject to Supreme Court Rule 137.

CRITICAL

Applies to

Withholding order

Where payments are made through the Circuit Court Clerk, the withholding order must be accompanied by the Clerk's child support order form.

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

Structured settlement agreement

Structured settlement annuity providers must hold a current Best's Insurance Guide rating of 'A' or better.

(k) Where the agreement involves a structured settlement, the company providing the annuity shall be one which holds a current rating of “A” or better by Best’s Insurance Guide.

CRITICAL

Applies to

Complaint

Small claims complaints must use approved Clerk forms and include a statement of claim with the elements set forth in Supreme Court Rule 282.

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

Motion

Each application for emergency relief must be accompanied by an affidavit stating the reason the relief is necessary on an emergency basis, and in no-notice cases, stating attempts made to notify opposing counsel.

Judge. 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

CRITICAL

Applies to

Motion

Every motion and each basis must cite the Code of Civil Procedure section or Supreme Court Rule number.

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

CRITICAL

Applies to

Affidavit of venue

All parties except the Illinois Department of Healthcare and Family Services must sign an Affidavit of Venue confirming proper venue in DuPage County.

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

Speedy trial demand

Must include

certificate of service

A copy of the speedy trial demand must be filed with the Clerk with proof of service on the State's Attorney.

(3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State’s Attorney.

CRITICAL

Applies to

Petition for expenditure

A petition for expenditure on behalf of a ward must be in writing and state the value of the estate, 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.

WARNING

Applies to

Original signed document

Filers must retain signed originals until one year after judgment is final, allow inspection on five days’ notice, and provide hard copies to the Clerk within five business days of request.

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

WARNING

Applies to

Order

A Traffic Division judge vacating a judgment must state the legal basis in a written order.

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

WARNING

Applies to

Petition

A Petition for 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).

WARNING

Applies to

Schedule of property

The Court may require a personal surety to execute a schedule of property in a Court-approved form.

The Court may require that any personal surety execute a schedule of property in a form approved by the Court.

WARNING

Applies to

Petition for probate

A petition for probate of a handwritten will must be accompanied by 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.

WARNING

Applies to

Pre plea report

Pre-plea reports must not include the defendant's version of the offense or a recommendation by the Court Services Department.

It shall not contain a defendant’s version of the offense or a recommendation by the Court Services Department.

WARNING

Applies to

Electronically filed document

Electronically filed documents must include the typed name, email address, address, and telephone number of the filing attorney or pro se party, and attorneys must include their DuPage County Attorney Number.

(b) 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.

WARNINGCriminal cases

Applies to

Statement of compliance

Service providers must file a statement of compliance or they will be removed from the Court Authorized service provider list.

Failure to file a statement of compliance will result in the provider’s removal from the Court Authorized service provider list.

WARNINGCriminal cases

Applies to

Appeal bond

Appeal bonds must be entered using the Clerk's approved form when applicable.

Appeal bonds, where appropriate, shall be entered in an approved form provided by the Clerk.

WARNING

Applies to

Proof of service

Must include

case number, certificate of service

The Proof of Service and Notice of Filing must include the case title and number, service date, sending and receiving parties, and an adequate description of the discovery document served or answered.

Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered.

WARNING

Applies to

Trial memorandum

Each party must tender a trial memorandum to the judge and opposing counsel containing specified information about contested and uncontested issues, income, assets, stipulations, witnesses, and trial length.

At the trial status date, counsel for each party shall tender a trial memorandum to the trial judge and opposing counsel. The trial memorandum shall contain a statement of contested issues, uncontested issues, list of income, assets and liabilities, stipulations on agreed matters, a list of witnesses intended to be called, and probable length of trial.

WARNING

Applies to

Motion

Motions must be filed for any application for relief, and the motion 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.

WARNING

Applies to

Petition motion

Petitions and motions in domestic relations cases must be in the approved form and begin with a title accurately describing their contents.

All petitions and motions submitted to the Court in domestic relations cases shall be substantially in the approved form provided by law and shall begin with a title that accurately describes the contents of the petition or motion.

WARNING

Applies to

Inventory

Inventory descriptions of partnership interests must include the partnership's name and address and the estate's approximate interest if known.

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

WARNING

Applies to

Fee petition

Fee requests must be made by verified petition or an affidavit detailing time and work, and should include copies of the Affidavit and order of appointment.

Requests for fees must be made by Petition either verified or supported by an affidavit detailing the time expended and work performed which was necessary in representing the client’s interest. To facilitate payment, the petition should also include a copy of the Affidavit of Assets and Liabilities signed by the client and the order of appointment.

WARNING

Applies to

Adoption petition

Standby adoption petitions must be filed and must allege the required elements for a judgment of adoption.

Petitions seeking a judgment of adoption in accordance with 750 ILCS 50/1S shall file a Petition which alleges the required elements for a judgment of adoption.

WARNING

Applies to

Notice of hearing

The hearing notice to a delinquent juror must disclose that the jury commissioners intend to file a Petition for a Rule to Show Cause if the juror fails to appear.

Such notice will inform the person of the jury commissioners’ intent to file a Petition for a Rule to Show Cause with the Chief Judge upon failure to appear.

WARNING

Applies to

Pleading

Facts incorporated by reference must be realleged verbatim when they would make the pleading incomprehensible, while incorporation under Supreme Court Rule 134 remains permitted if the pleading stays comprehensible.

(b) Incorporation by Reference. 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. Rule 6.03 does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134, provided that the pleading remains readily comprehensible.

WARNINGCivil cases

Applies to

Inventory

When no appraisers are appointed, the receiver must investigate and list the value of each estate property in the inventory.

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.

WARNINGCivil cases

Applies to

Pleading

Pleadings must specify the dollar amount claimed for non-personal injury damages; for personal injury, the prayer must indicate damages within specified ranges.

All pleadings wherein money damages are requested for matters other than injury to the person shall be specific as to the dollar amount claimed. In all pleadings where injury to the person is alleged, the prayer for relief must indicate the amount of damages claimed to be as follows: (1) Not greater than $2,500; or (2) Greater than $2,500 and but not in excess of $10,000; or (3) Greater than $10,000 and but not in excess of $15,000; or (4) Greater than $15,000 and but not in excess of $50,000; or (5) Greater than $50,000.

WARNING

Attorneys representing defendants in felony or misdemeanor cases must file a written appearance 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.

WARNING

Applies to

Inventory

Inventory real estate descriptions must include the legal description, street and number, improvements, encumbrances, beneficial-interest trustee information, 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)

WARNING

Applies to

Consent

Adoption consents (except those governed by 750 ILCS 50/10(O)) must be general in nature and substantially similar in form to the statutory consent.

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.

WARNING

Applies to

Petition

Petitions 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.

WARNING

Applies to

Order for extended media coverage

The assigned judge must enter a written order on all requests specifying the scope of coverage permitted.

The assigned judge shall enter a written order on all requests for extended media coverage specifying the scope of coverage, if any, permitted prior to the commencement of the proceedings.

WARNING

Applies to

Pre sentence report request

Any request for a pre-sentence report must be in writing.

Requests for pre-sentence reports shall be made in writing.

WARNING

Applies to

Mediation report

The mediator must file a court-approved mediation report within 10 days of the last mediation session (or by the assigned status date) containing specified content on party appearance, agreement reached, and mediation progress.

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. The mediation report shall include: (A) Whether the parties appeared; (B) Whether a full, partial, temporary, or no agreement was reached; (C) Whether mediation occurred, was postponed, or did not occur. If mediation did not occur, the mediation report shall inform the court why it did not occur, whether an informal discussion was facilitated among the parties in attendance, and whether the case has been or shall be reset for mediation; and (D) Whether mediation was deemed inappropriate.

WARNING

Applies to

Pretrial memorandum

The Child Representative must disclose their position in a pretrial memorandum.

To disclose the Child Representative’s position in a pretrial memorandum.

WARNING

Applies to

Mediation report

The mediator must submit a mediation report to the Court and the parties' legal counsel on or before the status date.

On or before the status date, the mediator shall submit a report to the Court and the parties’ legal counsel, which shall include information listed in this rule under the section entitled “Mediation Report.”

WARNING

Applies to

Financial affidavit

Financial Affidavits are not required in Title IV-D cases brought for the State or another State agency, but are required in Title IV-D cases brought for an individual (without the supporting documentary evidence).

A Financial Affidavit shall not be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of the State of Illinois or any other State agency. 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.

WARNINGCriminal cases

Applies to

Discovery order

Every discovery order must comply with Supreme Court Rules 411 et seq. and be substantially in the form set forth in Rule 32.02(c) unless the Supreme Court Rules provide otherwise.

Every discovery order shall comply with Supreme Court Rules 411 et seq. The discovery order shall be substantially in the form set forth in Rule 32.02(c) except as provided by the Supreme Court Rules.

WARNINGCivil cases

Applies to

Pleading

Pleadings with multiple counts or defenses must title each count/defense concisely, and designate subgroups if parties have differing claims.

If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a short title concisely stating the theory of liability or defense. If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall also concisely designate the subgroup of parties to whom it pertains.

WARNING

Applies to

Transcript

Transcripts generated from electronic recording systems must include a specific certification statement with the certifying reporter's signature and license number.

Transcripts generated from the electronic recording systems shall be prepared in accordance with applicable statutory authority, rule and administrative regulation and shall utilize the following certification: I, __________, certify the foregoing to be a true and accurate transcript of the electronic recording of the proceeding of the above-entitled cause, which recording contained the operator's certification as required by Local Rule 1.03(b)(2).

WARNING

Applies to

Medical certificate

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.

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.