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

CRITICAL

Applies to

Notice of hearing

Must include

caption, judge name, case number

A hearing notice must identify the motion judge, action title and number, presentation 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

Written notice after a motion hearing without prior notice must identify the action, judge, hearing date, and whether the order was granted or denied.

(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 service certification

Must include

certificate of service

Counsel must file a certification describing discovery requests and showing service; identical requests to multiple parties may be covered by 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

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.

(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 to determining a motion, copies of all relevant discovery materials must be attached to the motion as exhibits 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

Subpoena response

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.

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.

CRITICAL

Applies to

Subpoena

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.

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

All subpoenas issued under this section must be sent with a certification page containing the specified certification language.

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

Financial affidavit

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.

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

Statement of proposed disposition

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.

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

A proposed disposition must include a party’s proposed parenting plan when custody, visitation, or allocation of parental responsibilities is disputed.

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 it and list non-marital debts 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

Prove up package

Must include

proposed order

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.

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.

CRITICAL

Applies to

Complaint

A small-claims complaint must include a statement of claim setting forth the elements in Supreme Court Rule 282.

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.

CRITICAL

Applies to

Complaint

If a small-claims action 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

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.

CRITICAL

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.

CRITICAL

Applies to

Costs affidavit

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.

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

Written notice of contest

A defendant contesting a small claims action by written notice must provide the specified case and party information.

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

CRITICAL

Applies to

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.

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

Proposed order, agreed order, agreement, stipulation, or other document

Each listed document must be submitted as a separate file whose name identifies the offering party and the document’s nature.

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.);

CRITICAL

Applies to

Exhibits

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

Mediation agreement summary

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.

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.

CRITICAL

Applies to

Motion

A motion asserting that a case is ineligible for mediation must be supported by 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

Mediation summary

Each party must provide the mediator with a brief written case summary listing the issues for each party at least 10 days before the conference.

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.

CRITICAL

Applies to

Mediation summary

The mediation summary must include facts pertaining to the issue being mediated; other specified facts and settlement information may also be included.

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.

CRITICAL

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.

CRITICAL

Applies to

Motion to defer mediation

A motion to defer mediation must set out in detail the supporting facts and circumstances.

The motion shall set forth in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Mediator report

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

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

CRITICAL

Applies to

Petition to probate

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

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

Petition to probate

For a will written 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.

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

Petition to probate

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

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

Proof of heirship may be provided through a witness examined in open court, with the testimony written by the official court reporter, certified by the court, and filed with the clerk.

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;

CRITICAL

Applies to

Proof of heirship

Proof of heirship may alternatively be made by an affidavit provided for in Section 5-3 of the Probate Act.

Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Heirship affidavit

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;

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

Heirship affidavit

The heirship affidavit must name all children born or adopted by the decedent and state that there are no others.

(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.

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must state the date of death and any descendants of a deceased child, and state that there are no other descendants.

(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.

CRITICAL

Applies to

Heirship affidavit

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.

(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.

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must explain the affiant’s relationship to the decedent or, if unrelated, establish the basis of the affiant’s knowledge of heirship.

(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.

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must identify any unknown heirs or addresses and specifically state the diligent efforts made to ascertain them.

(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Heirship affidavit

The concluding section of the heirship affidavit must trace each heir’s per stirpes relationship to the decedent.

(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."

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must state whether the decedent was ever a party to a qualifying civil union or substantially similar relationship recognized by another state.

(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

Heirship affidavit

Must include

proposed order

When filing a Section 5-3 affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk that reflects 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

Order declaring heirship

If an Order Declaring Heirship is incomplete or erroneous, an 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, when the court requests, provide a verified affidavit and written notice agreement concerning described 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

Bond

A representative’s bond must be written 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

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.

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 notice of an account hearing must state the hearing’s time, date, place, and nature and include the prescribed statement or substantially similar language.

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 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.

(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.

CRITICAL

Applies to

Settlement approval order

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.

(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.

CRITICAL

Applies to

Depository voucher

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.

(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}.”

CRITICAL

Applies to

Settlement order

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.

(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.

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 leave of court, and require the guardian to file proof of payment.

(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.

CRITICAL

Applies to

Citation petition

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.

(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.

WARNING

Applies to

Document submitted in advance

The presiding or assigned judge may, in their discretion, waive advance-submission requirements.

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.

WARNING

Applies to

Mediator report

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

Whether an agreement has been reached by the parties;

INFO

Applies to

Mediation summary

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.

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.