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Court Rules

Circuit Court of Effingham County, Illinois (4th Judicial Circuit) Document Filing Requirements

63 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICAL

Applies to
Notice of motion

A hearing notice must identify the motion judge, action title and number, hearing date and time, and nature of the motion.

The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

CRITICAL

Applies to
Notice of hearing

When a motion is heard without prior notice, the obtaining attorney must serve written notice with specified case and ruling details on nondefaulting parties and file proof of service within two days after the hearing.

(c) Notice After Hearing: If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Applies to
Discovery request
Must include
certificate of service

Counsel must file a certification briefly describing the discovery requests and including proof of service, and identical requests to multiple parties may be covered in one certification.

(a) Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court. If identical requests are made of multiple parties, they may be included in one certification.

CRITICAL

Applies to
Discovery compliance certification

Counsel must file a certification of discovery compliance that describes the documents provided in response, but must not file those documents with the Circuit Clerk.

(b) Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.

CRITICAL

Applies to
Motion

When relevant discovery materials are necessary to determine a motion, copies must be attached as an exhibit to the motion and filed with the Clerk.

(e) When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to
Dismissal notice
Must include
certificate of service

A copy of the dismissal notice and the Clerk’s certificate of mailing must be filed in the record.

A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.

CRITICAL

Applies to
Subpoena

On request of the prosecutor or defendant’s attorney, the Circuit Clerk must issue subpoenas limited to production of specified documents, objects, or tangible things.

The Circuit Clerk shall issue subpoenas limited to the production of specified documents, objects, or tangible things when requested by the prosecutor or the defendant's attorney.

CRITICAL

Applies to
Subpoena

A subpoena must require the recipient to produce the designated documents, objects, or tangible things.

The subpoena shall require the person or entity to whom it is directed to produce the designated documents, objects, or tangible things.

CRITICAL

Applies to
Subpoena

Only completed subpoenas may be submitted to the Circuit Clerk for issuance.

Only completed subpoenas shall be submitted to the Circuit Clerk for issuance.

CRITICAL

Applies to
Return mailing envelope

A party seeking return of discoverable material by mail must provide an appropriately sized envelope addressed to the Circuit Clerk, bearing the case name, case number, hearing date, and the specified lower-left endorsement.

A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.

CRITICAL

Applies to
Subpoena

A subpoena seeking specified materials must display or attach the required legend, and a copy of the subpoena and notice of service must be mailed first class to appearing parties within 48 hours of issuance; the legend states the permitted compliance methods and mail instructions.

A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action: YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS, OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE DAYS BEFORE THE DUE DATE TO CIRCUIT CLERK, (Courthouse Address), ILLINOIS (Zip code).” COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE CIRCUIT CLERK, FOR DELIVERY TO THE PRESIDING JUDGE OR THE JUDGE SPECIFICALLY ASSIGNED TO THE CASE.

CRITICAL

Applies to
Subpoena

A certification page with the specified language, date, signature, and printed-name lines must be sent with every subpoena issued under this section.

(f) Certification: A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena. ___________________ __________________________ Date Signature __________________________ Printed Name

CRITICAL

Applies to
Initial pleadings

When child custody or allocation of parental responsibilities is disputed, the plaintiff must inform the Court with the initial pleadings or as soon as the dispute becomes known.

8-2 Notice of Dispute as to Child Custody or Allocation of Parental Responsibilities: If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

CRITICAL

Applies to
Financial affidavit

The parties must file a Financial Affidavit when a specified family-law issue is disputed, when applicable law requires one, or when the Court orders one.

(a) Filing of Financial Affidavit – The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings where there is a dispute involving attorney’s fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto; (2) As required by applicable law; and (3) As otherwise ordered by the Court.

CRITICAL

Applies to
Financial affidavit

A Financial Affidavit must use the form designated by the Illinois Supreme Court and include the supporting documentary evidence required by 750 ILCS 5/501 for temporary issues.

(b) The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.

CRITICAL

Applies to
Statement of proposed disposition

If any issues are disputed, each party must file a proposed disposition addressing all issues by the earlier of the specified statutory deadline or at least five days before the contested-issues hearing, unless the court orders otherwise.

8-4 Statement of Proposed Disposition: In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to
Statement of proposed disposition

When custody, visitation, or allocation of parental responsibilities is disputed, the proposed disposition must include the party’s proposed parenting plan as required by statute.

If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party’s proposed parenting plan as may be required by 750 ILCS 5/602.10.

CRITICAL

Applies to
Statement of proposed apportionment

When property apportionment is disputed, the parties must submit a proposed apportionment statement itemizing marital and non-marital property and estimating each item’s fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to
Statement of proposed apportionment

When apportionment of marital indebtedness is disputed, the statement must propose how to apportion marital debt and list non-marital debt for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to
Proposed judgment order

The prove-up package must include a proposed judgment order.

(1) Proposed judgment order;

CRITICAL

Applies to
Certificate of dissolution declaration of invalidity or legal separation

The prove-up package must include a fully completed applicable Certificate of Dissolution, Declaration of Invalidity, or Legal Separation.

(2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable;

CRITICAL

Applies to
Uniform order for payment of support or maintenance

The prove-up package must include a fully completed uniform support or maintenance payment order, if applicable.

(3) Fully completed uniform order for payment of support or maintenance, if applicable;

CRITICAL

Applies to
Signed original of written party agreement

The prove-up package must include the signed original of any written party agreement that has been or will be testified to, or will be incorporated into the judgment, declaration, or order.

(4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment, Declaration or Order;

CRITICAL

Applies to
Obligor order for circuit clerk fee

If support or maintenance is ordered, the prove-up package must include an obligor order for any fee payable to the Circuit Clerk under 750 ILCS 5/711.

(5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered;

CRITICAL

Applies to
Parenting education program certificate

If applicable, the prove-up package must include a certificate that the person seeking to affect marital status completed the parenting education program, unless the Court waives the requirement or allows additional time.

(6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to
Complaint

If a small claims claim is based on a written instrument or assignment, a copy must be attached to the original and every copy of the complaint.

If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.

CRITICAL

Applies to
Costs affidavit

A prevailing plaintiff seeking costs other than filing or summons-service fees must file a specified affidavit before judgment identifying each cost’s purpose, amount actually expended, and payment date.

A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.

CRITICAL

Applies to
Summons

The Clerk must attach a copy of the rule and any other information the Court deems necessary to each summons.

The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.

CRITICAL

Applies to
Exhibit submission

When exhibits are submitted, include an index stating the number of pages in each exhibit.

An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

CRITICAL

Applies to
Financial affidavit

Each party must file a financial affidavit before entry of the Mediation Order unless the parties agree on how to divide the mediation fee.

Each party must file a financial affidavit prior to the Mediation Order being entered, unless the parties agree on the division of the mediation fee.

CRITICAL

Applies to
Mediator report

By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report.

By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report.

CRITICAL

Applies to
Mediator report

The Mediator Report must state whether the parties reached an agreement.

(1) Whether an agreement has been reached by the parties;

CRITICAL

Applies to
Motion

A motion to determine that a case is ineligible for mediation must include an affidavit stating specific facts explaining why mediation is inappropriate.

Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.

CRITICAL

Applies to
Probate petition

For a handwritten will, the petitioner must file a typewritten copy with the probate petition and an affidavit affirming that the copy is true and correct to the best of the affiant’s knowledge.

(a) Holographic Will: When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to
Probate petition

For a will in a language other than English, the petitioner must file an English typewritten copy with the probate petition and a qualified translator’s certification that the translation is true and correct.

(b) Will in Language Other Than English: When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to
Probate petition

A petition to admit a will to probate must have attached a copy of the will the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

(c) All Other Wills: In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to
Proof of heirship

When a petition to admit a will or for letters of administration is filed, heirship must be proved either through qualifying witness testimony reduced to writing, certified, and filed, or by an affidavit under Section 5-3 of the Probate Act.

(a) Manner of Proving Heirship: When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to
Affidavit of heirship

(c) Affidavit Regarding Heirship: An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

(c) Affidavit Regarding Heirship: An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

CRITICAL

Applies to
Affidavit of heirship

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent." (9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent." (9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to
Proposed order declaring heirship

When filing an heirship affidavit under Section 5-3, the representative must submit a separate proposed order to the Circuit Clerk reflecting the affidavit's concluding language.

(d) Order Declaring Heirship: At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to
Amended proof of heirship

If an heirship order is incomplete or erroneous, amended proof of heirship must be made and an amended order entered as appropriate.

(e) Amended Order Declaring Heirship: If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.

CRITICAL

Applies to
Bond

An individual surety must put their residence address below their signature and, if the court requests, provide a verified affidavit and written notice agreement concerning specified real estate.

(a) Individuals: When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.

CRITICAL

Applies to
Representative bond

A representative's bond must be in writing and signed by the representative, even when security is excused by the will or statute.

(b) Written Bond: Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to
Guardian petition for expenditure

A guardian's petition to spend a ward's estate must state the estate's present value, the ward's available annual income, the proposed expenditure's purpose, and all payments received by the ward or petitioner in the listed capacities.

13-5 Expenditures from Ward's Estate: A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to
Notice of hearing

A hearing notice must state the hearing’s time, date, place, and nature, and include the prescribed statement or a substantially similar one.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”

CRITICAL

Applies to
Settlement petition

A verified petition to settle an action involving a minor or ward’s settlement proceeds must be executed by the legal representative and include the specified occurrence, parties, insurance, injury, medical, and settlement information.

To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis. (5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.

CRITICAL

Applies to
Settlement approval order

An order approving settlement must provide for distribution of settlement funds and require recipient-signed vouchers by a court-prescribed time, accounting for the total settlement sum.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to
Financial institution voucher

The court must continue the case to a specific date for filing a financial-institution voucher that acknowledges receipt of funds and the settlement order and includes the required no-withdrawal language.

The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: “No withdrawals shall be 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
Court order

A court order must require settlement funds received for a minor to be deposited or invested for the minor’s benefit, and the funds may not be withdrawn or used without court-order approval.

Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act. These funds shall not be withdrawn or used without approval by court order.

CRITICAL

Applies to
Settlement approval order

If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s estate, restrict use or transfer without court leave, and require the guardian to file proof of payment.

Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to
Citation petition

A citation petition presented for filing must be accompanied by the proposed citation with a return date coordinated with the Clerk and a proposed order granting the petition and directing issuance of the citation.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.

WARNING

Applies to
Subpoena

Subpoenas must be returnable to the Circuit Clerk for delivery to the assigned judge while the court is normally in session.

Subpoenas shall be returnable to the Circuit Clerk for delivery to the presiding judge or the judge specifically assigned to the case at a time that the court is normally in session.

WARNING

Applies to
Subpoena response

A recipient with actual or constructive possession or control may comply without appearing personally by providing complete, legible copies and a certificate of complete and accurate compliance to the Circuit Clerk by the subpoena’s return date.

The person or entity to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Circuit Clerk together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.

WARNING

Applies to
Prove up package

Failure to provide the required package before the hearing, or to establish jurisdiction over all parties and the subject matter, may result in the matter not being heard at the requested time.

Failure to provide said package to the Court prior to the hearing as set forth in Rule 8-5(a), or failure to establish jurisdiction of the court over all parties and the subject matter, may result in the Court not hearing the matter at the requested time for hearing.

WARNING

Applies to
Prove up package

(1) All items required by Section 8-5(a) have been presented to The Court;

(1) All items required by Section 8-5(a) have been presented to The Court;

WARNING

Applies to
Pleading or affidavit

Verification of any pleading or affidavit must comply with 735 ILCS 5/2-605 and Supreme Court Rule 137.

Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.

WARNING

Applies to
Damages affidavit

An affidavit used to prove or challenge damages must comply with the Illinois Rules of Evidence.

In all cases where a Party seeks to prove or challenge damages by affidavit, such affidavits shall be in compliance with the Illinois Rules of Evidence.

WARNING

Applies to
Submission email

A submission email’s subject line must include the case number and at least one party’s last name.

The subject line for a submission email shall include the case number and the last name of at least one party;

WARNING

Applies to
Proposed exhibit

Each proposed exhibit must be submitted as a separate file named to identify the offering party and exhibit number.

Each proposed exhibit shall be submitted as a separate file with a file name that reflects the party offering it and the exhibit number (e.g., PlaintiffExhibit1, PetitionerExhibit2, DefendantExhibit3, RespondentExhibit4, etc.);

WARNING

Applies to
Mediation agreement summary

The mediator must prepare a written summary of agreements in a format that facilitates later signature as the parties’ final agreement.

The mediator shall summarize, in writing, the agreements reached by the parties in a format that would facilitate this summary being later signed by the parties as their final agreement.

WARNING

Applies to
Mediation summary

Each party must present the mediator with a brief written case summary at least 10 days before the conference, listing each party’s issues and including facts about the issue being mediated; other listed topics are optional, and a party seeking confidentiality should advise the mediator in writing when filing the summary.

At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement.

WARNING

Applies to
Mediation summary

The mediation summary must disclose all participants’ names, addresses, and email addresses to the mediator before the session.

The names, addresses and email addresses of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

WARNING

Applies to
Mediator report

The mediator’s report must be signed by the mediator and designate full agreement, partial agreement, or no agreement.

The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.

Common questions about Circuit Court of Effingham County, Illinois (4th Judicial Circuit) document filing requirements

What must be included with notice of motion filings in Circuit Court of Effingham County, Illinois (4th Judicial Circuit)?

A hearing notice must identify the motion judge, action title and number, hearing date and time, and nature of the motion.

View ruleOfficial source Source: page 10, section Rule 5. Motions — 5-1(b) Content of Notice

What must be included with notice of hearing filings in Circuit Court of Effingham County, Illinois (4th Judicial Circuit)?

When a motion is heard without prior notice, the obtaining attorney must serve written notice with specified case and ruling details on nondefaulting parties and file proof of service within two days after the hearing.

View ruleOfficial source Source: page 11, section Rule 5-2. Ex Parte and Emergency Motions

1 more rule answers this question.

What must be included with discovery request filings in Circuit Court of Effingham County, Illinois (4th Judicial Circuit)?

The rule requires certificate of service. Counsel must file a certification briefly describing the discovery requests and including proof of service, and identical requests to multiple parties may be covered in one certification.

View ruleOfficial source Source: page 12, section Rule 6-1. Discovery Compliance

What must be included with discovery compliance certification filings in Circuit Court of Effingham County, Illinois (4th Judicial Circuit)?

Counsel must file a certification of discovery compliance that describes the documents provided in response, but must not file those documents with the Circuit Clerk.

View ruleOfficial source Source: page 12, section Rule 6-1. Discovery Compliance

What must be included with motion filings in Circuit Court of Effingham County, Illinois (4th Judicial Circuit)?

When relevant discovery materials are necessary to determine a motion, copies must be attached as an exhibit to the motion and filed with the Clerk.

View ruleOfficial source Source: page 12, section Rule 6-1. Discovery Compliance

1 more rule answers this question.

What must be included with dismissal notice filings in Circuit Court of Effingham County, Illinois (4th Judicial Circuit)?

The rule requires certificate of service. A copy of the dismissal notice and the Clerk’s certificate of mailing must be filed in the record.

View ruleOfficial source Source: page 13, section Rule 7-3(b) Notice