18th Judicial Circuit Court, DuPage County Document Filing Requirements

WARNINGCriminal cases

Applies to

Notice of appeal

Notices of appeal should be made on an approved form provided by the Clerk.

Notices of appeal should be made on an approved form provided by the Clerk.

WARNING

Applies to

Request for access

Requests for access to juvenile proceedings must use the form 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.

WARNING

Applies to

Civil case forms

Civil case forms (Statement of the Nature of the Case, Settlement Conference Memorandum, Litigation Conference Order, and minor's claim settlement orders) must substantially comply with the forms in Appendix A.

Any Statement of the Nature of the Case, Settlement Conference Memorandum, Litigation Conference Order, Order Approving Settlement of a Minor's Claim with Funds to be Deposited, Order Approving Settlement of a Minor's Claim with Funds to be Administered in a Probate Proceeding, shall be substantially in compliance with the forms set forth in this Appendix of Forms for use in Civil Cases.

WARNING

Applies to

Electronic document

Each e-filed document must include the typed name, email, address, and phone number of the filing attorney or pro se party; attorneys must include their DuPage County Attorney Number.

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

WARNING

Applies to

Inventory

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

Unless the Court orders otherwise, a receiver shall, as soon as practicable after appointment, but in any event no later than thirty (30) days thereafter, file an inventory of all property – real, personal or mixed – of the estate, designating the property of which the receiver has taken possession or control.

WARNING

Applies to

Order for extended media coverage

The form for an order for extended media coverage must be as prescribed in Appendix C.

The form of an order for extended media coverage shall be as prescribed in the “Appendix C.”

WARNING

Applies to

Account

Each disbursement in an account must be numbered and supported by a voucher, and vouchers must be ordered, fastened separately, and filed with the account.

Each disbursement stated in an account shall be numbered and supported by a voucher. Vouchers shall be numbered and arranged in the order of the disbursements, securely fastened together under a separate cover, and filed with the account.

WARNING

Applies to

Bond

A bond with a civil surety is approved only if a current certified copy of the surety's license is on file with the Clerk and a verified power of attorney or certificate of authority is attached to the bond.

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.

WARNING

Applies to

Evaluation report

The evaluator's report must reference and itemize the fee charged, state whether paid in full and, if not, the outstanding amount owed; the Court may direct payment of any remaining sum and enter judgment.

The evaluator's report shall include reference to the fee charged and itemize the charges, whether that fee has been paid in full, and if not, the outstanding amount owed. The Court may direct the parties to pay any sum that remains due and owing to the evaluator and may enter judgment accordingly.

WARNING

Applies to

Surety schedule

Bonds with personal sureties require Court approval, and sureties must execute and file schedules of property in a Court-approved form unless excused by the Court.

Bonds with personal sureties shall be approved by the Court. Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

WARNING

Applies to

Pleading

(e) 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.

(e) 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

Applies to

Court document

Must include

caption

After consolidation is granted, all court documents must bear captions of all consolidated cases with the principal case's caption at the bottom and the transferred case's caption at the 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.

WARNING

Applies to

Electronically filed document requiring original signature

Filers of documents requiring original signatures certify the original exists, must retain it until one year after final judgment, and must make it available for inspection on five days notice.

Anyone filing an electronic document that requires an original signature certifies by so filing, that the original signed document exists in the filing person’s possession. 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.

WARNING

Applies to

Civil case form

Listed civil case forms must be substantially in compliance with the forms set forth in Appendix A.

Any Statement of the Nature of the Case, Settlement Conference Memorandum, Litigation Conference Order, Order Approving Settlement of a Minor’s Claim with Funds to be Deposited, Order Approving Settlement of a Minor’s Claim with Funds to be Administered in a Probate Proceeding, shall be substantially in compliance with the forms set forth in this Appendix of Forms for use in Civil Cases.

WARNING

Applies to

Sentencing order

The Court must enter a written order disposing of a criminal case in accordance with the Unified Code of Corrections.

After the jury or the Court finds a defendant guilty of any criminal or quasi-criminal offense, the Court shall enter a written order disposing of the case in accordance with the Unified Code of Corrections (730 ILCS 5/5-1-1 et seq.).

WARNINGCivil cases

Applies to

Petition

Petitions and motions must be in the approved legal 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

Guardianship report

Guardians of the Person of disabled adults must provide the Court a biennial report on the ward's condition, with the first report due within 12 months of appointment; the Court may extend the reporting period.

In all estates wherein the ward is a disabled adult, the Guardian of the Person shall provide the Court with a biennial report (one report every two years) concerning the condition of the person of the ward, except that the first report after appointment of the Guardian of the Person shall be within twelve (12) months of the entry of the initial order appointing the Guardian. Upon its own motion or at the request of the Guardian, the Court may extend the reporting period to such time as the Court deems appropriate.

WARNING

Applies to

Proof of service

Must include

certificate of service

Proof of Service and Notice of Filing for all discovery documents must be filed with the Clerk and include case title and number, service date, parties, and identification of the document.

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

Intake form

All individuals expected to participate in mediation must complete and submit intake forms prior to the initial session.

All individuals expected to participate in mediation sessions must complete intake forms and submit them prior to the initial session.

WARNING

Applies to

Request for extended media coverage

The form for a request for extended media coverage must be as prescribed in Appendix C.

The form of a request for extended media coverage shall be as prescribed in “Appendix C.”

WARNING

Applies to

Pre sentence report

The pre-sentence report must include a face sheet, official version of the offense, prior offense record, family history, residential history, educational background, and may include religion.

In addition to any statutory requirements (730 ILCS 5/5-3-2), the pre-sentence report shall include: (1) A report face sheet of basic case information; (2) The official version of the offense(s) involved in the case; (3) Any record of prior offenses; (4) Family history; (5) Residential history; (6) Educational background; (7) Religion (optional);

WARNING

Applies to

Appeal bond

Appeal bonds must be entered on the Clerk's approved form when appropriate.

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

WARNING

Applies to

Summons

Summons must use an approved form substantially in the form set forth in Supreme Court Rule ̃101(b.

COMPLAINT (a) An approved summons form provided by the Clerk of the Court, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant together with a copy of

WARNINGCivil cases

Applies to

Inventory

The inventory must be accompanied by a list of the estate's known liabilities unless the Court orders otherwise.

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

WARNING

Applies to

Arbitration award

The arbitration award must be marked so the $30,000 threshold and fee are clear to all attorneys and litigants.

The arbitration award shall be marked in such a manner as to make this clear to all attorneys and litigants.

WARNINGCivil cases

Applies to

Inventory

Real estate descriptions in inventories must include legal description, street and number, improvements, encumbrances, trustee information for beneficial interests, 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

Mediation referral order

The Court's Mediation Referral Order must include instructions on how mediation will proceed, how the case proceeds if an agreement is reached, and how it proceeds if no agreement is reached, including a return-to-court requirement for STATUS or TRIAL.

The Court’s Mediation Referral Order for the Program shall include: (1) Instructions as to where, when, and how the mediation will be expected to proceed and what each side should do to prepare for the same; (2) Instructions as to how the case should proceed in the event an agreement is reached through mediation; and (3) Instructions as to how the case should proceed in the event no agreement is reached, including specifically a requirement that the parties return to court on a date and at a time certain thereafter, either to advise the Court as to the status of their dispute and schedule additional proceedings (if the date scheduled in the referral order is for “STATUS”) or to immediately proceed to trial (if the date scheduled in the referral order is for “TRIAL”).

WARNING

Applies to

Mediation report

The mediation Program must submit a Mediation Report to the Court on or before the status date and provide copies to the parties, counsel, CASA, and/or Guardian ad Litem.

On or before the status date, the Program shall submit a Mediation Report to the Court and provide copies to the parties and their legal counsel, CASA and/or the Guardian ad Litem, if applicable.

WARNING

Applies to

Delay notice

Evaluator must promptly provide written notice to the Court and parties' counsel if the report will not be completed by the status date, stating the reason and the expected completion date.

The evaluator shall immediately advise the Court and counsel for the parties in writing if the report will not be completed by the status date and state the reason for the delay and the expected date of completion.

WARNING

Applies to

Account

Each asset in an account must be referenced by the inventory or prior account number where it first appears, unless a mechanized accounting system is used, and dispositions or conversions need be described only in the first account after completion.

Each asset listed in an account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears, but this requirement does not apply if the account is prepared and controlled by mechanized accounting system. Distribution of an item or conversion into cash or other disposition need be described only in the first account after completion of the transaction.

WARNINGCivil cases

Applies to

Inventory

Inventory items must be numbered consecutively starting with Arabic 1 and carried forward into each account.

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.

WARNING

Applies to

Exhibit list

At the start of trial, litigants or attorneys must give the courtroom clerk a copy of their exhibit lists.

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

WARNING

Applies to

Conditional discharge order

The original Conditional Discharge order plus three copies must be distributed: original filed with the clerk, one copy to the defendant, and one copy to the State’s Attorney.

The original order and three (3) copies shall be distributed as follows: (1) Original to the Clerk for filing in the court file; (2) One copy to the defendant; and (3) One copy to the State’s Attorney.

WARNINGCivil cases

Applies to

Inventory

Cause of action descriptions in inventories must include the defendant's name, nature, and if suit is pending, the case title, court, 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 number.

WARNING

Applies to

Pre trial memorandum

Pre-trial memoranda must include specified content including party information, assets, areas of agreement/disagreement, and settlement suggestions.

Whenever practical, both counsel shall prepare a written joint pre-trial memorandum. Absent such a joint memorandum, each counsel shall prepare a pre-trial memorandum that must include the following: (1) Attorneys names, addresses and phone numbers; (2) Parties' names, ages, education levels, employment, health; (3) Children's names, ages, school information, special needs; (4) Assets, debts, and liabilities; including values and characterization of marital vs. non-marital; (5) Notice of Claim of Dissipation of Marital Assets, if any; (6) Statement of areas of agreement; (7) Statement of areas of disagreement; and (8) Suggestions for settlement.

WARNINGCivil cases

Applies to

Inventory

Partnership interest descriptions in inventories must include partnership name, address, and approximate estate interest.

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

WARNING

Applies to

Exhibits filed separately

Exhibits filed separately from their associated document must use the required exhibit cover sheet under Rule 5.06(b).

Exhibits filed separate from their associated document must use the exhibit cover sheet defined in Rule 5.06(b).

WARNING

Applies to

Witness objection to extended media coverage

A witness's objection to media coverage must use the form prescribed in Appendix C.

The form of a witness’s objection to extended media coverage shall be as prescribed in “Appendix C.”

WARNINGCivil cases

Applies to

Pre judgment court costs itemization

At judgment entry, a litigant seeking costs must file a written detailed itemization of each cost; the court will only judicially notice the filing fee and certified mail cost.

Any litigant seeking court costs shall, at the time judgment is entered, tender to the court, in writing, an itemization specifically and individually listing each and every cost incurred and the amount sought, together with a statement that these costs have been paid. The Court will only take judicial notice of the filing fee and certified mail cost.

WARNING

Appraisers for receivers may be appointed only by court order or by party agreement with Court approval, and are selected by the Court.

Appraisers for receivers may be appointed only upon order of court or agreement of the parties with the approval of the Court. If appraisers are appointed, they shall be selected by the Court.

WARNINGCivil cases

Applies to

Notice

The notice for a motion must state that the motion will be presented on the date specified in the notice.

The notice provided shall state that the motion will be presented on the date specified in the notice.

WARNING

Applies to

Adoption petition

An adoption petition must contain all allegations required by the Illinois Adoption Act.

The petition shall contain all allegations required by the Illinois Adoption Act.

WARNING

Applies to

Mediation report

The mediator must file a mediation report to the court on a court-approved form within ten days of the last mediation session and no later than the assigned status date, and the report must address whether parties appeared, agreement status, whether mediation occurred, and whether mediation was deemed inappropriate.

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

Evaluator report

The evaluator's report must include a reference to the fee charged, itemize the charges, state whether the fee has been paid in full, and if not, the outstanding amount owed.

The evaluator’s report shall include reference to the fee charged and itemize the charges, whether that fee has been paid in full, and if not, the outstanding amount owed.

WARNING

Applies to

Motion

Every Routine Motion should be accompanied by a Notice of Motion, whether or not notice is required, stating the matter will be heard on the Routine Motion Call and the date counsel wishes the order entered.

To facilitate the Court’s business, every Routine Motion should be accompanied by a Notice of Motion, regardless of whether notice is required, stating that the matter is to be heard on the Routine Motion Call and containing the date that counsel wishes to have the order entered.

WARNINGCivil cases

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 and 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 and upon good cause shown.

WARNING

Applies to

Settlement order

Upon settlement of a mediation case, plaintiff's counsel must immediately notify the Judge in writing and submit the written settlement or dispositive order by the scheduled mediation conference date.

Upon settlement of any mediation case pending before the Court, counsel for plaintiff shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date.

WARNINGCivil cases

Applies to

Account

Each disbursement in an account must be numbered and supported by a voucher; vouchers must be numbered, arranged in order, securely fastened under a separate cover, and filed with the account.

Each disbursement stated in an account shall be numbered and supported by a voucher. Vouchers shall be numbered and arranged in the order of the disbursements, securely fastened together under a separate cover, and filed with the account.

WARNING

Applies to

Rules and regulations periodic program

The Periodic Imprisonment Rules and Regulations must be signed by the offender.

The Rules and Regulations shall be signed by the offender.

WARNINGCriminal cases

Applies to

Notice of motion

Every motion not filed in open court must be accompanied by a notice of motion designating the judge, title and number, presentation date, time, courtroom, and purpose including requested 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.