Circuit Court of Fayette County, Illinois (4th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- The presiding or assigned judge may continue a remote hearing to another time or place, including a physical courtroom, for good cause, including the listed examples.
- A poor video connection affecting only an attorney or party is not, by itself, grounds to continue a remote hearing.
- Mediation must be completed within seven weeks of the first conference unless extended by court order or party stipulation.
- +1 more
Request must include
Page & Word Limits1 rule
A party may submit an issues-and-position letter to the mediator within 14 days of the Mediation Order; any such letter is limited to two pages.
- Letter
- Up to 2 pages
Court's wording
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
Document Format Requirements8 rules
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.
All submissions shall be submitted in PDF format;
- File type
For any exhibit or other document greater than four pages long, page numbers must be inserted electronically or legibly within the PDF (not handwritten).
- More than 4 pages
A party arranging return of discoverable material by mail must provide an appropriately sized envelope addressed to the Circuit Clerk with the case name, case number, hearing date, and the specified lower-left endorsement.
Court's wording
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.
Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.
- Summons
Formatting
- •Substantially conform to the form set forth in Supreme Court Rule 101(b)
Rule 9-8 and Rule 9-10(b) and (c) shall be highlighted or in bold type in such notice.
Each proposed exhibit must be submitted as a separate file named to identify the offering party and exhibit number.
Court's wording
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.);
The subject line for a submission email shall include the case number and the last name of at least one party;
Document Filing Requirements58 rules
A hearing notice must identify the motion judge, action title and number, presentation date and time, and nature of the motion.
Court's wording
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.
Written notice after a motion hearing without prior notice must identify the action, judge, hearing date, and whether the order was granted or denied.
Court's wording
(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.
Counsel must file a certification describing discovery requests and showing service; identical requests to multiple parties may be covered by one certification.
- Document
- Discovery request service certification
Must include
- •Certificate of service
Court's wording
(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.
(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.
In civil matters, counsel must file a certification of discovery compliance describing the documents provided by reference to the request, but must not file the responsive documents themselves.
Court's wording
(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.
A subpoena seeking specified materials must bear the prescribed legend on its face or conspicuously attached, including the instructions for in-person or mail compliance and the mail-compliance certificate requirement.
Court's wording
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.
A subpoena recipient may comply without appearing personally by providing complete, legible copies to the Circuit Clerk with a certificate that compliance is complete and accurate by the subpoena’s return date.
Court's wording
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.
All subpoenas issued under this section must be sent with a certification page containing the specified certification language.
Court's wording
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
Parties must file a Financial Affidavit in proceedings involving the listed disputes or modifications, when applicable law requires it, or when the Court orders it.
Court's wording
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.
When issues are disputed, each party must file a written proposed-disposition statement addressing all issues by the earlier stated deadline, unless the court orders otherwise.
Court's wording
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.
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.
The prove-up package must include the listed proposed order, applicable completed forms and orders, any relevant signed agreement, any required obligor order, and an applicable parenting-program certificate unless excused by the court.
- Document
- Prove up package
Must include
- •Proposed order
Court's wording
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following: (1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (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; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (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.
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.
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.
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.
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.
The 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.
Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.
A prevailing plaintiff seeking costs other than filing or summons-service fees must file a pre-judgment affidavit specifying each cost’s purpose, amount actually expended, and payment date.
Court's wording
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.
A defendant contesting a small claims action by written notice must provide the specified case and party information.
Court's wording
Notify the Clerk of the Court, in writing at least five (5) days prior to the appearance date on the summons, that he or she wishes to contest the claim and setting forth the title and number of the case, his or her name, address, telephone number and the name and address of the plaintiff and his or her attorney, if any
The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.
An index of exhibits, if any, shall be included that states the number of pages for each exhibit;
- Document
- Exhibits
Must include
- •Exhibit list
Each listed document must be submitted as a separate file whose name identifies the offering party and the document’s nature.
Court's wording
Each proposed order, fully signed agreed order, agreement, stipulation or other document shall be submitted as a separate file with a file name that reflects the party offering it and the nature of the document (e.g., Plaintiff proposed order, Petitioner agreed order, Defendant stipulation, Respondent cases in support, etc.);
The mediator must prepare a written summary of agreements in a format suitable for later signature and give a copy to the parties and any attorneys.
Court's wording
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. A copy of this summary shall be given to the parties and their attorneys, if any.
Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.
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.
The motion shall set forth in detail, the facts and circumstances supporting the motion.
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.
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.
The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.
Affidavit as provided in Section 5-3 of the Probate Act.
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.
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.
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;
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;
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.
(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.
- Document
- Heirship affidavit
Must include
- •Proposed order
If the decedent has no spouse or descendants, the heirship affidavit must identify the specified relatives and state that there are no others in those categories.
Court's wording
(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.
(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.
If an Order Declaring Heirship is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered as appropriate.
Court's wording
(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.
(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.
(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.
(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.
The concluding section of the heirship affidavit must trace each heir’s per stirpes relationship to the decedent.
Court's wording
(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."
(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.
A representative’s bond must be written and signed by the representative, even when security is excused by the will or statute.
Court's wording
(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.
A guardian’s petition to spend ward’s estate funds must state the estate’s present value, the ward’s annual income, the expenditure’s purpose, and all payments received by the ward or petitioner in the specified capacities.
Court's wording
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.
An individual surety must put their residence address below their signature and, when the court requests, provide a verified affidavit and written notice agreement concerning described real estate.
- Document
- Bond
- Placement
- Signature block
Court's wording
(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.
A notice of an account hearing must state the hearing’s time, date, place, and nature and include the prescribed statement or substantially similar language.
Court's wording
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.”
A verified settlement petition for an action in which a minor or ward will receive settlement proceeds must be filed by the legal representative and include the listed occurrence, party, insurance, injury, medical, and settlement information.
Court's wording
(a) Contents of Petition. 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.
Settlement funds received by a legal representative for a minor must be deposited or invested for the minor’s benefit as provided by court order and may not be withdrawn or used without court-order approval.
Court's wording
(f) Deposit and Investment of Funds: 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.
A citation petition presented for filing must be accompanied by a proposed citation with a return date coordinated with the Clerk and a proposed order granting the petition and directing issuance of the citation.
Court's wording
(a) Proposed Citation and Order: 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. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.
An order approving settlement must provide for distribution of the funds and timely filing of signed recipient vouchers that account for the full settlement sum.
Court's wording
(d) Order Approving Settlement: 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.
The court continues the case to a specific date for filing a depository voucher that acknowledges receipt of the funds and settlement order and includes the required no-withdrawal language.
Court's wording
(e) Vouchers. 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}.”
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 leave of court, and require the guardian to file proof of payment.
Court's wording
(g) Annuity Payments to Minor’s Estate: 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.
The presiding or assigned judge may, in their discretion, waive advance-submission requirements.
Court's wording
Notwithstanding the provisions of this rule, the presiding judge or the judge specifically assigned to a case may, in that judge’s discretion, waive the requirements for submitting any document in advance.
Whether an agreement has been reached by the parties;
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.
Filing & Service rules
Electronic Filing Rules
The specified materials for remote hearings must be submitted using the county e-filing system or the designated Dropbox account.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | Rule 10-8(f)(4)
After an exhibit is admitted at a hearing, the Circuit Clerk must upload it to the official court record through the Fourth Circuit’s designated case-management program, currently PCJIMS.
Once an exhibit is admitted into evidence during the hearing, the Circuit Clerk shall upload the exhibit into the official court record through the designated case management program for the Fourth Circuit, currently PCJIMS.
Page 23 | Rules of Practice
The Circuit Clerk must upload to the official court record any order, agreement, stipulation, or other document that the presiding or assigned judge directs be uploaded during a remote hearing.
The Circuit Clerk shall also upload into the official court record through the designated case management program for the Fourth Circuit any orders, agreements or stipulations or other document as directed by the presiding judge or the judge specifically assigned to the case during the remote hearing.
Page 23 | Rules of Practice
Filing Timing and Cure Windows
Proof of service of the required post-hearing notice must be filed with the clerk 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.
Page 11 | 5-2(c) Notice After Hearing
When required, Financial Affidavits must be filed by the earlier of the proposed-parenting-plan deadline under 750 ILCS 5/602.10 or at least five days before the contested-issues hearing, unless the court orders otherwise.
Financial Affidavits, when required, shall be filed 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.
Page 16 | Rule 8-3(d), Time for Filing Financial Affidavits
A defendant using written notice to contest a small claims action must notify the Clerk at least five days before the summons appearance date.
Notify the Clerk of the Court, in writing at least five (5) days prior to the appearance date on the summons
Page 19 | Rule 9-6
Documents intended for court review at a remote hearing must be submitted through the county e-filing system or a designated Dropbox account at least 48 hours before the hearing.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | Rule 10-8(f)(4)
The Mediator Report must be filed before the status date and within 14 days after the last day of the mediation conference.
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following:
Page 30 | 11-8(b) 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.
Page 30 | 11-7(e) Referral Procedure
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.
Page 30 | 11-7(b) Referral Procedure
The final draft of each mediated agreement must be presented to the court within 28 days after mediation concludes.
The final draft of each mediated agreement shall be presented to the court within twenty-eight (28) days following conclusion of mediation.
Page 32 | 11-11(a) Presentation of Order
The mediator must file a report with the court within fourteen days after mediation terminates.
Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.
Page 36 | Rule 12. Civil Mediation
Unless the court excuses the requirement, the petitioner must file receipts for all sums expended within 30 days after entry of the withdrawal order.
Unless otherwise excused by the Court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended.
Page 40 | 13-6 Withdrawal of Ward's Money
Executors and administrators must present the account and required disbursement evidence within 14 months after letters issue.
(1) Within 14 months after the issuance of letters;
Page 41 | 13-8(a)(1)
After the first account, guardians must present an account annually.
(2) Annually after the date of the first account;
Page 41 | 13-8(b)(2)
Guardians must present the required account and evidence within 30 days after their office terminates.
(3) Within 30 days after the termination of his office; and
Page 41 | 13-8(b)(3)
After the first account, executors and administrators must present an account annually.
(2) Annually after the date of the first account; and
Page 41 | 13-8(a)(2)
Guardians must present the required account and evidence within 13 months after letters issue.
(1) Within 13 months after the issuance of letters;
Page 41 | 13-8(b)(1)
The Clerk must reject a citation petition that is not accompanied by the proposed citation or proposed order.
If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.
Page 44 | 13-11 Citation Proceedings
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
Page 21 | Rule 10
A party who submits an issues-and-position letter to the mediator must do so within 14 days of the Mediation Order.
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order.
Page 29 | 11-7(a) Referral Procedure
The mediation status date must be set no later than seven weeks after the Mediation Order is issued.
A mediation status date will be set for no later than seven (7) weeks from the date the Mediation Order was issued.
Page 29 | 11-7(a) Referral Procedure
Parties must contact the mediator within seven days after the Mediation Order is entered to arrange mediation.
Parties must contact the mediator within seven (7) days of the entry of the Mediation Order to set up mediation.
Page 29 | 11-7(a) Referral Procedure
Guardians must present accounts at any other times the Court orders.
(4) At such other times as the Court may order.
Page 41 | 13-8(b)(4)
Executors and administrators must present accounts at any other times the Court orders.
(3) At such other times as the Court may order.
Page 41 | 13-8(a)(3)
Service and Proof of Service Rules
The hearing notice must be served with copies of the written motion and accompanying papers, or with a statement that they were previously served.
A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.
Page 10 | Rule 5-1(b) Content of Notice
Notice that additional relief has been sought must be given in accordance with Supreme Court Rule 11.
Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.
Page 10 | Rule 5-1(a) Notice Required
The party requesting a motion hearing must give written notice to specified parties, with notice of a motion made within a court day of trial given as directed by the court.
Written notice of the hearing of all motions shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice of motion made within a court day of trial shall be given as directed by the court.
Page 10 | Rule 5-1(a) Notice Required
Notices must be served in the manner and on the persons described in Supreme Court Rule 11.
(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | 5-1
Unless another rule provides otherwise, a motion hearing notice must be served by the second court day before the hearing, with completion determined by delivery time and method.
(d) Time of Notice: Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than the second court day preceding the hearing. If a notice of hearing is delivered before 4:00 p.m. by either personal service, or by leaving it in the office of a party’s attorney or at an unrepresented party’s residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery. Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12.
Page 11 | 5-1(d) Time of Notice
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified information on nondefaulted parties and file proof of service within two days.
(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.
Page 11 | 5-2(c) Notice After Hearing
In civil matters, an original discovery request must be served on the directed party or parties, and a copy must not be filed with the clerk.
6-1 Discovery Compliance: In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed. A copy of the request shall not be filed with the Clerk of the Court.
Page 12 | 6-1 Discovery Compliance
The Clerk must mail dismissal notice to all pro se parties and attorneys of record within ten days and file the notice with a certificate of mailing.
Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal. A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.
Page 13 | Rule 7-3(b) Notice
Subpoenas issued under Rule 7-4 must be served in accordance with the Supreme Court Rules.
Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.
Page 14 | Rule 7-4(b) Service
Mail service of a subpoena may be proved prima facie with a return receipt showing delivery at least 14 days before compliance is due and an affidavit containing the specified mailing and fee details.
Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his or her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and reasonable copy charges enclosed.
Page 14 | Rule 7-4(c) Response
A first-class copy of the subpoena and notice of service must be mailed to all parties who have appeared within 48 hours after issuance.
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:
Page 14 | Rule 7-4(e) Form of Subpoena
A summons substantially in the form prescribed by Supreme Court Rule 101(b) must be served on each defendant with a copy of the complaint.
Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.
Page 18 | Rule 9-1 Summons
When notified that a claim is contested, the Court must set a trial date and notify all parties of the trial’s time, date, and place.
Upon being notified that the claim is contested, the Court shall fix a trial date and cause all parties to be notified of the time, date and place of trial.
Page 19 | Rule 9-7
A defendant filing a written motion or answer must serve a copy on all other parties who have appeared.
File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12
Page 19 | Rule 9-6
An attorney who submits a letter to the mediator must provide a copy to opposing counsel or the opposing party.
The attorney shall provide a copy of such letter to the opposing counsel or party.
Page 31 | 11-9(c) Attorney Letter to Mediator
Notice of a hearing on a motion to defer mediation must be provided to all interested parties, including any appointed mediator.
Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.
Page 33 | 12-3 Scheduling of Mediation
When an account is overdue, the clerk must mail the attorneys of record—or, if there are none, the representative—notice that the account is due and notice of the hearing date and time.
(1) The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.
Page 42 | 13-8(d)(1)
When issuing the required Rule to Show Cause, the clerk must mail interested persons, including unpaid creditors, notice of the contempt proceeding and its return date.
(4) At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 42 | 13-8(d)(4)
Notice of an account hearing must be given and served in accordance with Illinois Supreme Court Rules 11 and 12.
(3) The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.
Page 42 | 13-8(e)(3)
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
Page 15 | Rule 7-4(g), Procedure on Return
A copy of any letter submitted to the mediator must also be submitted to the other party or its counsel if represented.
The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
Page 29 | 11-7(a) Referral Procedure
Filing Fees and Waivers
A jury trial demand and payment of the jury fee are required for the Court to set the case for jury trial.
Upon a demand for trial by jury and payment of the jury fee, the Court shall set the cause for jury trial
Page 19 | Rule 9-9
Filing Bundling Requirements
The person seeking the specified relief, or their attorney, must present the required prove-up materials in one package before testimony begins.
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following:
Page 17 | Rule 8-5 Requirements for Judgment
Adjournment & Extension Requirements
A written extension or less-frequent-accounting request must specify its reasons; for good cause, the Court may consider it without notice or hearing, and may direct notice of any new hearing date.
Requests for an extension of time to a definite date or for an order allowing the accounting in a particular estate less frequently than above provided shall be made by written request of the personal representative, or his or her attorney, specifying the reasons for the request. On a showing of good cause, this request may, in the Court’s discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.
Page 41 | 13-8(c)
The presiding or assigned judge may continue a remote hearing to another time or place, including a physical courtroom, for good cause, including the listed examples.
The presiding judge or the judge specifically assigned to a case shall retain the right at all times to continue a remote hearing to a different time or place, including a physical courtroom, for good cause, including but not limited to an unmanageable number of participants in the hearing, poor connections or other conditions that interfere with the ability of the court to conduct the remote hearing, or any other condition that unduly interferes with the rights of a party to a fair hearing.
Page 24 | Rules of Practice
A poor video connection affecting only an attorney or party is not, by itself, grounds to continue a remote hearing.
A poor video connection for an attorney or party alone is not grounds to continue a remote hearing.
Page 24 | Rules of Practice
Mediation must be completed within seven weeks of the first conference unless extended by court order or party stipulation.
Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by the order of the court or by stipulation of the parties.
Page 35 | Rule 12. Civil Mediation