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

CRITICAL

Applies to

Written appearance

Each party or counsel must file a written appearance that includes 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

Pro se written appearance

A written appearance filed without further pleading must comply with Rule 5(a), be acknowledged under oath with the specified statement, and, if it waives notice or consents to an immediate hearing, state that the party received the relevant pleading and attach it, unless a statutory form applies.

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 motion

An attorney not regularly licensed in Illinois must obtain pro hac vice admission before filing an appearance for another, on a motion accompanied by the attorney’s affidavit in substantially prescribed forms and disclosing 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

In civil cases, pleadings and entries of appearance must identify the circuit, county, parties 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

Notice of hearing

A hearing notice must identify the action, hearing date and time, and motion, and include the written motion and accompanying 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

Notice of hearing

Must include

judge name, case number

A post-hearing notice following a motion heard without prior notice must identify the action, judge, hearing date, and whether the motion was granted or denied.

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, the date of 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.

CRITICAL

Applies to

Notice of hearing

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

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.

CRITICAL

Applies to

Discovery papers for appeal

Discovery papers needed for appeal that are not already in the record must be filed with the Clerk upon application to a court order.

When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to an order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list in substantially the Administrative Order form, showing each exhibit’s assigned mark and a brief description.

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.

CRITICAL

Applies to

Exhibit list

At trial, a hearing, or a final pretrial conference, each party must provide the court two copies of the exhibit list for the court and court reporter.

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

After a ruling on a motion outside trial or a final determination, the prevailing attorney must promptly prepare and present the proposed order or judgment to the court, other counsel, and any pro se parties 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 use 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

Sheriff custody period certification

Sheriffs must certify prisoners’ custody periods substantially in the form required by Administrative Order of the Chief Judge.

Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge

CRITICAL

Applies to

Work schedules and other information

When the court requires it to determine work-release periods or for other purposes, defendants in criminal and traffic cases must provide work schedules and other information substantially in the Administrative Order form.

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.

CRITICAL

Applies to

Civil contempt petition

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 complainant’s open-court testimony, and the petition or testimony must make at least 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 to order to show cause

Objections to an order to show cause must be in writing, 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

Moving party affidavit

In matrimonial proceedings, the moving party must prepare and file an affidavit substantially in the form required by the Chief Judge’s Administrative Order before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.

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

Responding party affidavit

A party responding to a matrimonial petition must file an affidavit substantially in the same form at the pretrial conference or at least three days before a contested hearing.

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

Mediation prerequisites

Before the initial case management conference in a case with contested qualifying issues, parties must satisfy the stated Circuit Rule 21 mediation prerequisites.

Prior to the initial case management conference in any case having contested qualifying issues, the parties shall comply with the mediation prerequisites of Circuit Rule 21 concerning the filing of financial affidavits, pre-mediation questionnaires and completion or scheduling of an approved parenting education program.

CRITICAL

Applies to

Settlement conference filings

Each party must file a financial affidavit and settlement conference memorandum in substantially the prescribed 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.

CRITICAL

Applies to

Affidavit of heirship

(c) Affidavit Regarding Heirship. 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."

(c) Affidavit Regarding Heirship. 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 declaring heirship

When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order to the Circuit Clerk that reflects the affidavit's concluding section.

(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

Motion

A motion to avoid mediation on the basis of an impediment or other circumstances must be supported by affidavit, and the court must find the case should not be mediated.

However, mediation shall not be required if the court, upon motion supported by affidavit, finds that a case should not be mediated because of impediment or other circumstances.

CRITICAL

Applies to

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

Intent to repudiate

An intent to repudiate must state the reasons for repudiation and be sent to the other party’s attorney or, if unrepresented, to the party.

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

After mediation, the mediator must file the Chief Judge’s report form stating 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

Applies to

Summons notice or court order setting court date

When remote appearance is an option, clerk-issued summonses, notices, and court orders setting court dates must include the specified 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

Summons notice or court order setting court date

Clerk-issued summonses, notices, and court orders setting court dates must include the specified language directing readers to Rule 24 and the court 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

Summons notice or court order setting court date

Summonses, notices, and court orders setting court dates issued by private counsel and filed in the Second Judicial Circuit 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

Appearance

A party or counsel must file a written appearance with their name, address, and telephone number, serve it on appearing parties, and file it before addressing the court.

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

CRITICAL

Applies to

Appearance

A pro se written appearance filed without further pleading must be acknowledged before an authorized officer, with additional statements and an attached pleading when it includes a waiver of notice or consent to immediate hearing.

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

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

Motion hearing notice

A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state 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 filed with copies of the disputed portions at the same time.

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

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

Matrimonial moving party affidavit

In matrimonial proceedings, the moving party must file the required affidavit at the pretrial conference, at least three days before a contested hearing, or with an ex parte petition, and include proof of service unless the court orders otherwise.

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

Matrimonial response affidavit

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

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

Heirship affidavit filing

Must include

proposed order

When filing a Section 5-3 heirship affidavit, the representative must also 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 orders setting court dates must include the assigned courtroom, remote-access details and 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 orders setting court dates must include the specified Rule 24 website 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 orders setting court dates must include the specified remote-appearance language or may be rejected upon e-filing.

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.

WARNING

Applies to

Mediator final report

If the mediator has the specified welfare, safety, or best-interest concerns, the final report must recommend appointing a child representative or guardian ad litem.

If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.

WARNING

Applies to

Motion hearing notice

Filing the hearing notice certifies that counsel made the required good-faith effort to coordinate the hearing date with the court and opposing counsel.

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

INFO

Applies to

Civil contempt petition

A petitioner may give the respondent notice before presenting a civil contempt petition, but notice is not required.

The petitioner may, but is not required to, give notice to the respondent before presenting such a petition to the court for issuance of an order.