21st Judicial Circuit Court, Iroquois County, Illinois Document Filing Requirements

CRITICAL

Applies to

Written account of mediation agreement

The mediator must provide the written agreement account to the parties or their attorneys, but must not provide it to the court.

The mediator shall provide a written account of the full and/or partial mediation agreement to the parties and/or their attorneys. The mediator shall not provide this written account to the court.

CRITICAL

Applies to

Notice of hearing

The party requesting a hearing must file and serve a Notice of Hearing on the specified parties or their attorneys.

D. Notice. The party requesting a hearing shall file and serve a Notice of Hearing to all parties and/or their attorneys who appeared, are not defaulted, or whose time to appear is not expired.

CRITICAL

Applies to

Motion

A written motion supported by an affidavit stating specific facts, and a hearing, are required before the court may determine that a case is inappropriate for mediation.

A written motion and hearing are required before the court can determine a case is not appropriate for mediation. The motion shall be supported by affidavit including specific facts details why mediation is not appropriate.

CRITICAL

Applies to

Parenting plan

If the parties agree, they must provide the court with a Parenting Plan.

The parties shall provide the court with a Parenting Plan if there is an agreement.

CRITICAL

Applies to

Court docket entry

The docket entry must state the specified proof-of-insurance review and dismissal wording, including the clerk’s name and initials.

The court docket entry shall state: “Proof of Insurance reviewed by name of clerk [clerk’s initials], case dismissed.”

CRITICAL

Applies to

Pretrial submissions

Pre-trial submissions include the financial affidavit on file, an updated financial affidavit, and a proposed parenting plan.

A. Pre-Trial Submissions: 1. A copy of the Financial Affidavit on file with the Court; 2. An updated current Financial Affidavit; and 3. A copy of a Proposed Parenting Plan.

CRITICAL

Applies to

Judgment order

In contested cases, the Court must designate which party is responsible for preparing the Judgment Order.

The Court shall designate which party must prepare the Judgment Order in contested cases.

CRITICAL

Applies to

Extension request

A personal representative seeking more time to a definite date or less frequent accounting must file a verified petition stating the reasons.

Requests for an extension of time to a definite date or to allow less frequent accounting shall be filed by verified petition of the personal representative specifying the reasons for the request.

CRITICAL

Applies to

Motion

A motion’s title must state the relief sought and cite the relevant statute or other authority.

The title of a motion shall indicate the relief sought and cite the statutory section or cite the authority for the relief sought.

CRITICAL

Applies to

Mediator final report

When mediation is terminated or suspended, the mediator must notify the court by filing a Final Report that states the termination or suspension date.

If the mediation is terminated or suspended, the mediator shall timely notify the court by filing a Mediator’s Final Report indicating the date the Mediator terminated or suspended the mediation.

CRITICAL

Applies to

Mediator final report

For court-ordered or stipulated mediation, the mediator must file and sign the report and indicate whether there was full, partial, or no agreement.

This report shall be filed in cases where mediation is court ordered or stipulated to by the parties. The mediator shall sign the report and indicate: full agreement, partial agreement, or no agreement.

CRITICAL

Applies to

Court docket entry

The court docket entry shall include no insurance tickets written under Municipal Ordinances and shall be handled pursuant to 10.3 B.

The court docket entry shall include no insurance tickets written under Municipal Ordinances and shall be handled pursuant to 10.3 B.

CRITICAL

Applies to

Grievance

A grievance must be written on the Circuit Court grievance form and include the filer’s name and address and a brief description of the alleged violation.

A complaint shall be in writing, using the Circuit Court’s grievance form, attached as Exhibit C. The grievance shall contain the name and address of the person filing the complaint, and briefly describe the alleged violation.

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing for a renewed motion must state that the motion was previously ruled on, identify the judge and ruling date, and state the results.

The Notice of Hearing for a renewed motion shall on its face state the motion was previously ruled, identify the judge who ruled, the date of ruling, and the state the results of the ruling.

CRITICAL

Applies to

Proposed order

Attorneys must submit a proposed order to the appropriate judge's clerk by email or mail.

Attorneys shall submit a proposed Order through e-mail to the appropriate Judge's clerk, or via mail.

CRITICAL

Applies to

Final mediation report

The Final Mediation Report must state whether the parties made a good-faith mediation effort and whether they reached full, partial, or no agreement.

The Final Mediation Report shall relate whether the parties made a good faith effort to mediate their differences and whether there is a full agreement, a partial agreement, or no agreement.

CRITICAL

Applies to

Mediation case summary

A party wishing to keep its summary confidential must advise the mediator in writing when submitting it.

If the party wishes the summary to remain confidential, the party shall advise the mediator in writing at the time the summary is submitted.

CRITICAL

Applies to

Petition for probate

For a non-English will, the petitioner must file an English translated transcription and a qualified translator’s certification with the Petition for Probate.

B. Non-English Will. When a will is in a language other than English, the petitioner shall file as part of the Petition for Probate: 1. A typewritten translated transcription of the will in English, and 2. A certification by a qualified translator certifying the translated transcription is true and correct.

CRITICAL

Applies to

Periodic account

Every executor and administrator must present the required account and evidence of disbursements.

Every executor and administrator shall present the account and evidence of disbursements required by 755 ILCS 5/24-1 of the Illinois Probate Act:

CRITICAL

Applies to

Motion to defer mediation

A Motion to Defer must state the supporting details, facts, and circumstances for deferral.

The motion shall state supporting details, facts, and circumstances for deferral

CRITICAL

Applies to

Notice of hearing

The motion and its exhibits and attachments must be served with the Notice, unless the Notice states they were previously served.

A copy of the motion with exhibits and attachments shall be served with the Notice or the Notice must include a statement these were previously served on the parties.

CRITICAL

Applies to

Mediator report

If the mediator has the stated child-safety or best-inter interests concern, the Mediator’s Report must recommend appointing a Child Representative or Guardian Ad Litem.

If the mediator is concerned for the safety and welfare of minor children or believes the best interests of minor children require it, the mediator shall recommend in the Mediator’s Report a Child Representative or Guardian Ad Litem be appointed.

CRITICAL

Applies to

Grievance

A grievance must be written on the Circuit Court's grievance form and include the filer’s name and address and a brief description of the alleged violation.

A complaint shall be in writing, using the Circuit Court's grievance form, attached as Exhibit C. The grievance shall contain the name and address of the person filing the complaint, and briefly describe the alleged violation.

CRITICAL

Applies to

Final mediation report

Covered contested matters may not be set for hearing until mediation is complete and a Final Mediation Report is filed, unless the court determines mediation is not appropriate.

Contested matters involving allocation of parental responsibilities, parenting time, and/or removal/relocation shall not be set for hearing until mediation is completed and a Final Mediation Report is filed unless the court determined mediation was not appropriate.

CRITICAL

Applies to

Mediation case summary

Each party must submit a written case summary to the mediator containing the specified information at least 10 days before mediation.

Each party shall submit a written case summary containing the names of all participants, a statement of facts, other occurrence facts, a list of issues, opinions on liability, damages, and injuries, and settlement offers and/or demands to the mediator at least 10-days prior to mediation.

CRITICAL

Applies to

Petition for probate

For a handwritten will, the petitioner must file a transcription and a verifying affidavit with the Petition for Probate.

A. Holographic Will. When a will is handwritten, the petitioner shall file as part of the Petition for Probate: 1. A typewritten transcription of the will, and 2. An affidavit of the petitioner or attorney verifying the typewritten transcription of the holographic will is true and correct to the best of their knowledge.

CRITICAL

Applies to

Financial affidavit

After a financial hearing, the parties must submit updated Financial Affidavits or supplement existing ones before any subsequent financial hearing.

After a pre-judgment or post-judgment hearing involving financial matters, the parties shall submit updated Financial Affidavits or supplement existing Financial Affidavits prior to any subsequent hearing involving financial matters.

CRITICAL

Applies to

Accommodation request

Requests shall be made in writing on forms provided by the Court.

Requests shall be made in writing on forms provided by the Court.

CRITICAL

Applies to

Filing containing personal identity information

A filing containing Social Security Numbers or Personal Identity Information must comply with the cited rules and include the specified notice.

If a document contains Social Security Numbers and/or Personal Identity Information, the filing shall conform to Illinois Supreme Court Rules 8, 15, 138, and 364 including a "Notice of Confidential Information Within Court Filing."

CRITICAL

Applies to

Mediator final report

When mediation ends in a full or partial agreement, the mediator must file a Final Report.

The mediator shall file a Mediator’s Final Report when mediation is terminated with a full or partial agreement.

CRITICAL

Applies to

Mediation agreement

Counsel or the parties must present mediation agreements to the court as a judgment order or agreed order.

Mediation agreements shall be presented by counsel or the parties to the court as a judgment order or agreed order within 30-days of the filing date of the Mediator’s Final Report.

CRITICAL

Applies to

Petition to withdraw ward funds

The specified person must present the petition to withdraw ward funds in person unless the court waives personal presentation.

A petition to withdraw funds deposited or invested, pursuant to 755 ILCS 5/24-21 of the Illinois Probate Act or these rules, shall be presented in person by the parent, spouse, person standing in loco parentis, or person with custodial responsibility of the ward, unless the court waives personal presentation.

CRITICAL

Applies to

Accommodation request

An accommodation request should be as specific as possible and include the requested accommodation and the date it is needed.

The request shall be as specific as possible and include a description of the accommodation sought and the date the accommodation is needed.

CRITICAL

Applies to

Periodic account

Every guardian must present the account and evidence required by the Illinois Probate Act.

Every guardian shall present the account and evidence required by 755 ILCS 5/24-11 of the Illinois Probate Act:

CRITICAL

Applies to

Petition for leave to settle

A petition for leave to settle the specified personal-injury or wrongful-death claims must include a written attorney certification with the prescribed statement.

A petition for leave to settle a cause of action for a ward’s or decedent’s personal injuries or to settle a cause of action for wrongful death of a person whose estate is in administration filed by an attorney or a representative shall contain a written attorney certification stating “it is the attorney’s opinion, based upon the facts and law, the proposed settlement is just and proper.”

CRITICAL

Applies to

Judgment order

Parties must submit a written Judgment Order in court or within 30 days after an uncontested prove-up hearing.

Parties shall submit a written Judgment Order in court or within 30-days of any uncontested prove up hearing.

CRITICAL

Applies to

Appeal

An appeal must be in writing.

Any appeal shall be in writing.

CRITICAL

Applies to

Financial affidavit

A Family Law Financial Affidavit must include the party’s last three pay stubs, last two filed federal tax returns with attachments, and a described list of supporting documents with page counts.

Family law Financial Affidavit shall contain at a minimum: i. the party's last 3-pay stubs; ii. the party's last 2-filed federal income tax returns with W-2, 1099s, and all attachments; and iii. a list of other documents submitted in support of the Financial Affidavit describing the documents and the number of pages of each document (e.g. Hometown Bank Statement January 2021, 4 pages).

CRITICAL

Applies to

First notice

The first notice must explain how the defendant can participate, describe mediation and screening, and include specified referral information.

1st Notice shall inform the defendant they may participate in the mediation program by completing the screening process either at the 1st appearance court date or prior by contacting the Mediation Program. 1st Notice shall describe mediation and the screening process and include referral information to local financial counseling services, local pro bono legal counseling services through legal aid agencies and the Kankakee County Bar Association, and local Continuum of Care services.

CRITICAL

Applies to

Mediator final report

The mediator must file a Mediator Final Report using the approved form.

The mediator shall file a Mediator Final Report using the approved form. https://www.k3county.net/circuitclerk_files.html.

CRITICAL

Applies to

Mediation report

The Mediation Program must file a report stating the outcome of each mediation session.

At the conclusion of each mediation session, the Mediation Program shall file a report with the Court indicating the outcome.

CRITICAL

Applies to

Affidavit

An attorney seeking expense reimbursement beyond the attorney fee must file an affidavit certifying that the expenses are reasonable, necessary, and proper.

F. Expense Reimbursement. The attorney shall file an affidavit certifying the reasonableness, necessity, and propriety of any expense reimbursement beyond the attorney fee.

CRITICAL

Applies to

Petition to settle

A petition to settle must include an attending physician’s statement or supporting medical records or documentation describing the injury and current medical condition.

D. Statement Attending Physician. A statement by the attending physician or surgeon and/or supporting medical records or documentation describing the nature and extent of the injury and the current medical condition of the minor child or disabled adult must be filed as part of the petition to settle. No settlement for a minor child or disabled adult shall be approved without such statement and/or supporting medical records or documentation.

CRITICAL

Applies to

Mediator interim or final report

The mediator must file an Interim or Final Report with the Circuit Clerk on the 21st Judicial Circuit forms within 10 days after the last mediation session.

The mediator shall file with the Circuit Clerk a Mediator’s Interim or Final Report using the 21st Judicial Circuit forms within 10-days of the last mediation session.

CRITICAL

Applies to

Petition to withdraw ward funds

Evidence must be presented that the withdrawal or sale or redemption proceeds are necessary for the ward’s or the ward’s dependents’ benefit.

Evidence shall be presented the withdrawal and/or proceeds from a sale or redemption are necessary for the ward’s support, comfort, education, or other benefit to the ward or the ward’s dependents.

CRITICAL

Applies to

Petition for ward estate expenditure

A petition seeking a ward-estate expenditure must state the estate’s present value, the ward’s annual income, the expenditure’s purpose, and all payments received by the estate, ward, or guardian.

A Petition to apply any part of a ward’s estate for the support, comfort, or education of the ward or other person entitled to support from the Ward’s estate shall state: 1. Present value of the estate, 2. Annual income available to the ward, 3. Purpose of the expenditure, and 4. List all payments received by the estate, ward, or guardian individually or as guardian including Social Security payments, Veteran’s Administration disability payments or other governmental payments, charitable relief or other monetary assistance, trust payments, and payments from a person obligated to support the ward including child support.

CRITICAL

Applies to

Mediator report

The mediator must submit a Mediator Report containing the information required by Rule 9.7 to the Court and the parties or counsel by the 45-day mediation status date.

The mediator shall submit a Mediator Report to the Court and the parties or counsel of record including the information required by Rule 9.7 on or before the 45-day mediation status date.

CRITICAL

Applies to

Notice of hearing

Must include

caption, case number

A Notice of Hearing must state the caption, case number, court date and time, courtroom number, and a short description of the motion.

E. Notice Requirements. The Notice of Hearing shall contain the case caption, case number, court date, time, courtroom number, and a short description of the name and/or nature of the motion.

CRITICAL

Applies to

Written notice contesting claim

A written notice contesting the claim must include the specified case, defendant, and plaintiff or plaintiff’s attorney information.

The notice shall include case caption, case number, defendant’s name, address, telephone number, e-mail address, and the name and address of the plaintiff and/or plaintiff’s attorney;

CRITICAL

Applies to

Final mediation report

These contested issues may not be set for hearing until the Final Mediation Report is filed, unless the court grants leave.

Contested issues of parental responsibility, parenting time, removal, relocation, or access to children shall not be set for hearing without leave of court or until the Final Mediation Report is filed.