Circuit Court of Gallatin County, Illinois (2nd Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Written appearance

A party or attorney may not address the court before filing a written appearance.

No party or attorney shall address the court before filing such written appearance.

CRITICAL

Applies to

Written appearance

A party or counsel must file an appearance containing their name, address, and telephone number and serve a copy on every other party who has appeared.

Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.

CRITICAL

Applies to

Written appearance

An acknowledgment of a pro se written appearance must state that the signer personally appeared and acknowledged the appearance as a free and voluntary act.

Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.

CRITICAL

Applies to

Written appearance

A pro se appearance waiving notice or consenting to an immediate hearing must state that the party received the pleading seeking relief and attach that pleading, unless a statutory or rule-prescribed appearance form applies.

If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

CRITICAL

Applies to

Motion hearing notice

A motion-hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state that they were previously served.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

CRITICAL

Applies to

Discovery motion

A motion seeking relief concerning specified discovery materials must be accompanied by filed copies of the disputed portions.

If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.

CRITICAL

Applies to

Exhibit list

Each party must present two copies of its exhibit list at trial, a hearing, or a final pretrial conference.

At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.

CRITICAL

Applies to

Order or judgment

Must include

proposed order

Unless the court directs otherwise, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any pro se parties.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.

CRITICAL

Applies to

Pleading or appearance

Must include

caption, case number

In civil cases, a pleading or appearance must identify the circuit, county, parties and their designations, and case number to be accepted for filing.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

CRITICAL

Applies to

Heirship affidavit filing

Must include

proposed order

When filing the specified heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.

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

Summons notice or court order setting court date

When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, remote-access details, participation instructions, and courthouse and clerk contact information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

CRITICAL

Applies to

Summons notice or court order setting court date

Clerk-issued summonses, notices, and court-date orders must include the specified Rule 24 remote-appearance information language.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Summons notice or court order setting court date

Private-counsel summonses, notices, and court-date orders filed in the Circuit must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.

CRITICAL

Applies to

Heirship affidavit

An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (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; (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."

An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (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; (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."

CRITICAL

Applies to

Proposed order

When filing an affidavit under Section 5-3 of the Probate Act, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk reflecting the affidavit’s concluding language.

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

Mediation confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Mediation report

Unless mediation has already terminated, the mediator must file a progress report with the Circuit Clerk before the continued case management conference, describing progress in general terms.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Mediation report

After mediation concludes, the mediator must file the Chief Judge’s form reporting the termination date and reason and any issues resolved, without stating why the parties could not reach agreement.

After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.

CRITICAL

An intent to repudiate must state the reasons for the requested repudiation.

Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).

CRITICAL

Applies to

Mediator report

The mediator must submit a written, signed report designating the outcome and file it within 14 days after the last day of mediation.

The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.

CRITICAL

Applies to

Mediator report

If the parties reach a full agreement, the mediator’s report must state that and identify who will complete and submit the documents needed to conclude the agreement.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

CRITICAL

Applies to

Mediator report

If the parties reach a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit documents for the resolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

CRITICAL

Applies to

Mediator report

If no agreement is reached, the mediator must report that outcome without comment or recommendations.

If no agreement is reached, the mediator shall so report without comment or recommendations.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties or their agents before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.

CRITICAL

Applies to

Clerk issued summons notice or court order setting court date

When remote appearance is an option, Clerk-issued summonses, notices, and court-date orders must include the listed remote appearance and courthouse information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

CRITICAL

Applies to

Clerk issued summons notice or court order setting court date

Clerk-issued summonses, notices, and court-date orders must include the specified language directing participants to Rule 24 and the court’s website.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Private counsel summons notice or court order setting court date

Summonses, notices, and court-date orders issued by private counsel and filed in Second Judicial Circuit cases must include the specified remote-appearance information language.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Written appearance

A written appearance must be filed and include the party's or counsel's name, address, and telephone number.

Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel.

CRITICAL

Applies to

Written appearance

A party or attorney may not address the court before filing a written appearance.

No party or attorney shall address the court before filing such written appearance.

CRITICAL

Applies to

Written appearance

A written appearance without further pleading must meet Rule 5(a), be acknowledged as specified, and include and attach any pleading when it waives notice or consents to an immediate hearing, subject to the statutory-form exception.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

CRITICAL

Applies to

Pro hac vice admission motion

An out-of-state attorney must obtain pro hac vice admission before filing an appearance for another, on a motion and affidavit in substantially prescribed forms that disclose the attorney's prior Illinois cases.

Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice. The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.

CRITICAL

Applies to

Pleading or entry of appearance

Must include

caption, case number

Civil pleadings and entries of appearance must state the circuit and county, party names and designations, and case number to be accepted for filing.

(a) Pleadings. In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

CRITICAL

Applies to

Notice of motion

A motion hearing notice must identify the action and hearing details, state the motion's nature, and include the motion and accompanying papers or a statement that they were previously served.

(b) Content of Notice. Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

CRITICAL

Applies to

Exhibit

Before trial or hearing, or at a final pretrial conference if held, each party must identify and mark exhibits; absent a court order otherwise, plaintiffs use numbers and defendants use letters.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list in the required form with each exhibit’s identifying mark and a brief description, and present two copies at trial, hearing, or a final pretrial conference.

Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.

CRITICAL

Applies to

Order or judgment

After a ruling on a motion outside trial or a final determination, the prevailing party’s attorney must promptly prepare and present the order or judgment unless the court directs otherwise.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.

CRITICAL

Applies to

Final judgment or order

Final judgments and orders in criminal, traffic, and juvenile cases must substantially follow the forms required by Administrative Order of the Chief Judge.

In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.

CRITICAL

Applies to

Complaint

If the Defendant does not enter his appearance on or before the return day, a default judgment shall be entered on the complaint if the plaintiff or his counsel is present in open court and either the complaint is verified or an appropriate affidavit is attached.

If the Defendant does not enter his appearance on or before the return day, a default judgment shall be entered on the complaint if the plaintiff or his counsel is present in open court and either the complaint is verified or an appropriate affidavit is attached.

CRITICAL

In small claims cases involving unliquidated damages, the plaintiff must prove damages in open court before judgment is entered.

In all cases involving unliquidated damages, the plaintiff shall make proof of damages in open court before judgment is entered.

CRITICAL

Applies to

Verified petition or testimony

Except as otherwise provided, an order to show cause for indirect civil contempt may issue only on a verified petition clearly stating its factual basis or the complaining party’s open-court testimony, and the petition or testimony must make a prima facie showing of contempt.

Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Objection

An objection to an order to show cause must be written, filed, and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

Applies to

Affidavit

In matrimonial proceedings, the moving party must prepare and file the required-form affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.

Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.

CRITICAL

Applies to

Affidavit

The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with a petition for ex parte relief, with proof of service under Supreme Court Rule 12 unless the court orders otherwise.

Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.

CRITICAL

Applies to

Affidavit

The responding party must file an affidavit in substantially the same form at the pretrial conference or at least three days before a contested hearing, with appropriate proof of service.

Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Settlement conference documents

Each party must file a financial affidavit and settlement conference memorandum in the required form at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

WARNING

Applies to

Motion hearing notice

Filing a motion-hearing notice certifies that counsel made a good-faith effort to coordinate the hearing time with the court and opposing counsel.

The filing of the notice of hearing shall constitute a certification of compliance with this rule.

WARNING

Applies to

Mediation order

A mediation order appointing a mediator must set a continued case-management conference 45 days later for a mediation status report.

All Mediation Orders wherein appointment of a mediator is made shall assign a 45 day continued case management conference date for a status report on the progress of mediation.

WARNING

Applies to

Remote appearance request

A request for remote-appearance approval must identify a specific court date and does not apply to future dates unless the presiding judge grants otherwise.

All requests seeking approval to appear remotely shall be court date specific and shall not be intended to apply to all future court dates, unless otherwise granted by the presiding judge.

WARNING

Applies to

Notice of motion

Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.

(k) Coordination of Hearing Date. It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.

WARNING

Applies to

Custody certification and work schedule

Sheriffs must certify prisoners’ custody periods in the required form, and defendants in criminal and traffic cases must provide work schedules and other information in that form when the court requires it.

Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge and, when required by the court for determining periods of work release or other purposes, defendants in criminal and traffic cases shall furnish work schedules and other information in substantially the form required by Administrative Order of the Chief Judge.