Circuit Court of Jasper County, Illinois (4th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- An extension request must be written, specify the reasons, and seek a definite date; for good cause, the Court may consider it without notice or hearing, but may direct notice of any new hearing date to interested parties.
Request must include
Page & Word Limits1 rule
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
- Letter
- Up to 2 pages
Document Format Requirements4 rules
Each proposed exhibit must be a separate file named to identify the offering party and exhibit number.
Court's wording
Each proposed exhibit shall be submitted as a separate file with a file name that reflects the party offering it and the exhibit number (e.g., PlaintiffExhibit1, PetitionerExhibit2, DefendantExhibit3, RespondentExhibit4, etc.);
All submissions shall be submitted in PDF format;
- File type
For any exhibit or other document greater than four pages long, page numbers must be inserted electronically or legibly within the PDF (not handwritten).
- More than 4 pages
Each listed document must be submitted as a separate file with a filename identifying the offering party and the document’s nature.
Court's wording
Each proposed order, fully signed agreed order, agreement, stipulation or other document shall be submitted as a separate file with a file name that reflects the party offering it and the nature of the document (e.g., Plaintiff proposed order, Petitioner agreed order, Defendant stipulation, Respondent cases in support, etc.);
Document Filing Requirements63 rules
A motion-hearing notice must identify the motion judge, action title and number, presentation date and time, and nature of the motion.
Court's wording
The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified case, judge, hearing, and order information on parties not found in default, and file proof of service within two days after the hearing.
Court's wording
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.
When seeking the specified ex parte orders, the complaint or petition must be filed with the Clerk before applying to a Judge, if the Clerk’s office is open.
Court's wording
Every complaint or petition upon which it is sought to obtain ex parte an order for the appointment of a receiver, for a temporary restraining order, for a preliminary injunction or for an order of ne exeat shall be filed in the office of the Clerk, if that office is open, before application to a Judge for the order.
Counsel must file a certification briefly describing the discovery requests and establishing service; identical requests to multiple parties may be covered in one certification.
Court's wording
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.
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.
To show compliance with a discovery request in a civil matter, counsel must file a certification describing the documents supplied in response, but must not file those response documents with the Circuit Clerk.
Court's wording
Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.
A party requesting return of discoverable material by mail must provide an appropriately sized envelope addressed to the Circuit Clerk with the specified case and hearing information and the required endorsement.
Court's wording
A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.
A person or entity with possession or control may comply without appearing by providing complete, legible copies and a certificate of complete and accurate compliance to the Circuit Clerk by the subpoena’s return date.
Court's wording
The person or entity to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Circuit Clerk together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.
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:
A certification page containing the specified certification must accompany every subpoena issued under this section.
Court's wording
(f) Certification: 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.
The parties must file a Financial Affidavit when specified disputes are involved, when applicable law requires one, or when the Court orders one.
Court's wording
(a) Filing of Financial Affidavit – 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.
(b) The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.
The prove-up package must include the listed proposed order, applicable completed forms, agreement, fee order, and applicable parenting-education certificate, subject to the stated waiver or additional-time exception.
- Document
- Prove up package
Must include
- •Proposed order
Court's wording
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following: (1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment, Declaration or Order; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.
When issues are disputed, each party must file a proposed disposition addressing all issues by the stated deadline, with additional parenting-plan, property, or debt details when those subjects are disputed.
Court's wording
8-4 Statement of Proposed Disposition: In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court. If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party’s proposed parenting plan as may be required by 750 ILCS 5/602.10. 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. 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.
Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.
A prevailing plaintiff seeking costs beyond filing and summons-service fees must file a detailed affidavit before judgment stating each cost’s purpose, amount actually expended, and payment date.
Court's wording
A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.
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.
A small-claims complaint must state the claim elements required by Supreme Court Rule 282 and, when based on a written instrument or assignment, attach a copy to the original and every copy of the complaint.
Court's wording
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. Complaint forms shall be provided by the Circuit Clerk. If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.
The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.
Rule 9-8 and Rule 9-10(b) and (c) shall be highlighted or in bold type in such notice.
The subject line for a submission email shall include the case number and the last name of at least one party;
An index of exhibits, if any, shall be included that states the number of pages for each exhibit;
- Document
- Exhibit submission
Must include
- •Exhibit list
A copy of this summary shall be given to the parties and their attorneys, if any.
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.
By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report.
Parties must participate in court-ordered mediation in good faith, and attorneys must encourage their clients to do so.
Court's wording
Parties are obligated to participate in the mediation process when ordered by the court. The attorneys shall encourage their clients to mediate in good faith, and the parties shall participate in mediation in good faith.
Each party must file a financial affidavit prior to the Mediation Order being entered, unless the parties agree on the division of the mediation fee.
(b) Filing a Motion: Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.
The motion shall set forth in detail, the facts and circumstances supporting the motion.
Each party must provide the mediator a written case summary with issues and relevant facts at least ten days before the conference; it may also include the listed settlement-related information.
Court's wording
At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement.
The names, addresses and email addresses of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.
The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.
When a petition to admit a will or for letters of administration is filed, heirship must be proved by open-court witness testimony reduced to writing, certified and filed, or by an affidavit under Section 5-3 of the Probate Act.
Court's wording
(a) Manner of Proving Heirship: When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) 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; or (2) Affidavit as provided in Section 5-3 of the Probate Act.
For a will in a language other than English, the petitioner must file an English typewritten copy and a qualified translator’s certification with the probate petition.
Court's wording
(b) Will in Language Other Than English: 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.
(b) Proof of Heirship: The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.
(c) Affidavit Regarding Heirship: 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;
(a) Holographic Will: 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.
(c) All Other Wills: 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.
(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.
(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.
If the decedent has no spouse or descendants, the heirship affidavit must identify the specified relatives and state that there are no others.
Court's wording
(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.
The heirship affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.
Court's wording
(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.
When filing an affidavit under Probate Act Section 5-3, the representative must submit a separate proposed Order Declaring Heirship reflecting the affidavit’s concluding language.
Court's wording
(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.
(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.
(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.
All unexpended funds shall be redeposited in accordance with Section 24-21 of the Illinois Probate Act.
A representative’s bond must be in writing and signed by the representative, even if security is excused by the will or statute.
Court's wording
(b) Written Bond: Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.
A petition to withdraw qualifying ward funds must be presented in person by a specified person unless the court waives personal presentation.
Court's wording
(a) Petition to Withdraw: A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.
An individual surety must put their residence address below their signature and, when requested by the court, provide a verified affidavit and written notice undertaking concerning the specified real estate.
- Document
- Bond
- Placement
- Signature block
Court's wording
(a) Individuals: When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.
A guardian’s petition to use ward-estate funds for support, comfort, or education must state the estate’s present value, available annual income, proposed purpose, and all payments received by the ward or petitioner in the specified capacities.
Court's wording
13-5 Expenditures from Ward's Estate: A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.
The accounting-hearing notice must state the hearing’s time, date, place, and nature and include the quoted statement or a substantially similar one.
Court's wording
The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”
In cases where no independent attorney has been employed by the legal representative of the minor or ward, the court shall, and in all other cases may, appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement and to report his or her findings and recommendations before approval of the proposed settlement.
A settlement petition involving a minor or ward must be verified, executed by the specified legal representative, and include the listed case, insurance, injury, medical, and settlement information.
Court's wording
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.
The court must continue the case to a specific date for filing a depository voucher that acknowledges receipt of the funds and settlement order and includes the required no-withdrawal language.
Court's wording
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}.”
A Section 16-1 citation petition submitted for filing must include a proposed citation with a return date coordinated with the Clerk and a proposed order; the Clerk must reject a petition missing either item.
- Document
- Citation petition
Must include
- •Proposed order
Court's wording
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.
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 court leave, and require the guardian to file proof of payment.
Court's wording
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.
An order approving settlement must specify distribution of the funds and require recipient-signed vouchers within a court-prescribed time that account for the total settlement sum.
Court's wording
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.
such petition of record and then present the petition, the proposed citation and the proposed order to the presiding judge for entry of the order.
- Document
- Petition
Include
- •Proposed order
After entry of a Mediation Order by the Court, the absence of a party at a mediation session may result in sanctions, including reasonable costs to the other party for mediation and attorney’s fees.
Whether an agreement has been reached by the parties;
The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.
If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed.
Filing & Service rules
Electronic Filing Rules
Remote-hearing documents intended for court review or consideration must be submitted through the county e-filing system or the designated Dropbox account.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | RULE 10-8(f)(4)
After an exhibit is admitted into evidence during the hearing, the Circuit Clerk must upload it to the official court record through the Fourth Circuit’s designated case management program, currently PCJIMS.
Once an exhibit is admitted into evidence during the hearing, the Circuit Clerk shall upload the exhibit into the official court record through the designated case management program for the Fourth Circuit, currently PCJIMS.
Page 23
The Circuit Clerk must upload orders, agreements, stipulations, or other documents to the official court record through the designated case management program when directed by the presiding or assigned judge during the remote hearing.
The Circuit Clerk shall also upload into the official court record through the designated case management program for the Fourth Circuit any orders, agreements or stipulations or other document as directed by the presiding judge or the judge specifically assigned to the case during the remote hearing.
Page 23
Filing Timing and Cure Windows
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.
Page 13 | RULE 7. PRE-TRIAL PROCEDURE, 7-3(b) Notice
When required, a Financial Affidavit must be filed by the earlier of the proposed-parenting-plan deadline under 750 ILCS 5/602.10 or at least five days before a contested-issues hearing, unless otherwise ordered; no additional affidavit is needed for a permanent-relief hearing after a temporary-relief filing unless its contents have substantially changed.
(d) Time for Filing Financial Affidavits: Financial Affidavits, when required, shall be filed within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court. If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.
Page 16 | 8-3(d) Time for Filing Financial Affidavits
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
Page 21 | RULE 10
Documents intended for court review or consideration at a remote hearing must be submitted through the designated channel at least 48 hours before the hearing.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | RULE 10-8(f)(4)
Parties must contact the mediator within seven days after entry of the Mediation Order to arrange mediation.
Parties must contact the mediator within seven (7) days of the entry of the Mediation Order to set up mediation.
Page 29 | 11-7 Referral Procedure
The Mediator Report must be filed before the status date and within fourteen days after the last day of the mediation conference.
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following:
Page 30 | 11-8 Mediator Report
The final draft of each mediated agreement must be presented to the court within 28 days after mediation concludes.
The final draft of each mediated agreement shall be presented to the court within twenty-eight (28) days following conclusion of mediation.
Page 32 | 11-11 Entry of Judgment Order
The mediator must file a report with the court within 14 days after mediation terminates.
Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.
Page 36 | RULE 12. CIVIL MEDIATION
Unless the court excuses the requirement, the petitioner must file receipts for all sums expended within 30 days after entry of the withdrawal order.
Unless otherwise excused by the Court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended.
Page 40 | 13-6 Withdrawal of Ward's Money
Guardians must present the required account and evidence within 13 months after letters issue, annually after the first account, within 30 days after their office terminates, and at any other times ordered by the Court.
Every guardian shall present the account and evidence required by Section 24-11 of the Illinois Probate Act: (1) Within 13 months after the issuance of letters; (2) Annually after the date of the first account; (3) Within 30 days after the termination of his office; and (4) At such other times as the Court may order.
Page 41 | 13-8(b) When Required--Guardian
Executors and administrators must present the account and disbursement evidence within 14 months after letters issue, annually after the first account, and at any other times ordered by the Court.
Every executor and administrator shall present the account and evidence of disbursements required by Section 24-1 of the Illinois Probate Act: (1) Within 14 months after the issuance of letters; (2) Annually after the date of the first account; and (3) At such other times as the Court may order.
Page 41 | 13-8(a) When Required--Executor/Administrator
The moving party must call a filed motion for hearing; if it is not called within 90 days of filing, the court may strike it or set it for hearing.
The burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within ninety (90) days from the date it is filed, the court may strike the motion or set the motion for hearing.
Page 11 | 5-3 Failure to Call Motions for Hearing
Service and Proof of Service Rules
The party requesting a motion hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of the hearing of all motions shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.
Page 10 | RULE 5. MOTIONS, 5-1(a)
Notice of a motion made within a court day of trial must be given as the court directs.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 10 | RULE 5. MOTIONS, 5-1(a)
The hearing notice must be served with a copy of the written motion and accompanying papers, or a statement that they were previously served.
A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.
Page 10 | RULE 5. MOTIONS, 5-1(b)
Notice that additional relief has been sought must be given in accordance with Supreme Court Rule 11.
Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.
Page 10 | RULE 5. MOTIONS, 5-1(a)
Unless another rule provides otherwise, notice of a motion hearing must be served by the second court day before the hearing.
Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than the second court day preceding the hearing.
Page 11 | RULE 5. MOTIONS
For any other method of delivering a hearing notice, service is complete as provided in Supreme Court Rule 12.
Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12.
Page 11 | RULE 5. MOTIONS
Proof of service of the required post-hearing notice must be filed with the clerk within two days after the 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.
Page 11 | 5-2 Ex Parte and Emergency Motions
For the specified delivery methods, notice delivered before 4:00 p.m. is complete that day; delivery at or after 4:00 p.m. is complete the next court day.
If a notice of hearing is delivered before 4:00 p.m. by either personal service, or by leaving it in the office of a party’s attorney or at an unrepresented party’s residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery.
Page 11 | RULE 5. MOTIONS
Notice must be served in the manner and on the persons described in Supreme Court Rule 11.
(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | RULE 5. MOTIONS
A summary judgment motion may not be heard until ten days after service of its notice of motion under Supreme Court Rule 11.
A motion for summary judgment will not be heard before ten (10) days after service of the notice of motion under Supreme Court Rule 11.
Page 11 | RULE 5. MOTIONS
In civil matters, an original discovery request must be served on its directed party or parties, and a copy must not be filed with the Clerk.
In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed. A copy of the request shall not be filed with the Clerk of the Court.
Page 12 | 6-1 Discovery Compliance
The Clerk must mail dismissal notice to all pro se parties and attorneys of record within 10 days, and file the notice with the certificate of mailing.
Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal. A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.
Page 13 | RULE 7. PRE-TRIAL PROCEDURE, 7-3(b) Notice
A copy of the subpoena and notice of service must be mailed first class to all parties who have appeared within 48 hours of issuance.
A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:
Page 14 | RULE 7. PRE-TRIAL PROCEDURE, 7-4(e) Form of Subpoena
Mail service of a subpoena may be shown prima facie by a delivery return receipt and an affidavit documenting the mailing, delivery, and enclosed fee and copy charges, with delivery at least 14 days before compliance is due.
Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his or her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and reasonable copy charges enclosed.
Page 14 | RULE 7. PRE-TRIAL PROCEDURE, 7-4(c) Response
Subpoenas issued under this rule must be served in accordance with the Supreme Court Rules.
Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.
Page 14 | RULE 7. PRE-TRIAL PROCEDURE, 7-4(b) Service
Each defendant must be served with a summons substantially in the form prescribed by Supreme Court Rule 101(b), together with a copy of the complaint.
Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.
Page 18 | Rule 9-1
A defendant who files a written motion or answer must serve a copy on all parties who have appeared, in accordance with Supreme Court Rules 11 and 12.
(b) File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12, or;
Page 19 | RULE 9. SPECIAL RULES PERTAINING TO SMALL CLAIMS CASES
When judicial approval is required for a remote appearance, the request must be made by written motion filed, scheduled, and served as required by Local Rule 5.1, unless a judge has already required or allowed the appearance.
Unless already required or allowed by the presiding judge or the judge specifically assigned to the case, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) under circumstances that require approval of the judge presiding over the matter under S. Ct. R. 45, must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.
Page 21 | RULE 10-8(c)
An attorney submitting a letter to the mediator must provide a copy to opposing counsel or the opposing party.
The attorney shall provide a copy of such letter to the opposing counsel or party.
Page 31 | 11-9 Litigation Status
The mediator must notify the parties in writing of the mediation conference date and time within 28 days after the referral order.
Within twenty-eight (28) days after the Order of Referral, the mediator shall notify the parties in writing of the date and time of the mediation conference.
Page 33 | 12-3 Scheduling of Mediation
Notice of a hearing on a motion to defer mediation must be provided to all interested parties, including the appointed mediator.
Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.
Page 33 | 12-3(d) Motion to Defer Mediation
When issuing the required Rule to Show Cause, the Clerk must mail notice of the contempt proceeding and its return date to all interested persons, including unpaid creditors.
At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 42 | 13-8(d)(4) Periodic Accounting Not Filed
Notice of an accounting hearing must be given and served in accordance with Illinois Supreme Court Rules 11 and 12.
The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.
Page 42 | 13-8(e)(3) Notice of Accounting
When an account is overdue, the Clerk must mail the attorneys of record—or, if none, the representative—a notice that the account is due and notice of the hearing date and time.
The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.
Page 42 | 13-8(d)(1) Periodic Accounting Not Filed
Unless waived, notice of an accounting hearing must be given to any ward, qualifying claimants, and all other interested persons.
Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains undetermined or unpaid (if any), and to all other interested persons (as defined by Section 1-2.11 of the Illinois Probate Act, if any).
Page 42 | 13-8(e)(1) Notice of Accounting
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
Page 15 | 7-4(g) Procedure on Return
A copy of the letter submitted to the mediator must also be submitted to the other party or, if represented, their counsel.
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
Page 30 | 11-7 Referral Procedure
Filing Fees and Waivers
A jury demand and payment of the jury fee are required before the court sets the case for jury trial.
Upon a demand for trial by jury and payment of the jury fee, the Court shall set the cause for jury trial following such pretrial conferences, settlement conferences and other proceedings as the court deems appropriate.
Page 19 | RULE 9. SPECIAL RULES PERTAINING TO SMALL CLAIMS CASES
Filing Bundling Requirements
The person seeking the specified marital-status or parental-responsibility relief, or that person’s attorney, must present the required prove-up materials together in one package before testimony begins.
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following:
Page 17 | Rule 8-5(a)
Pre-Motion Conference Requirements
At the Court’s discretion, emergency and legally ex parte motions may be heard without being called for hearing, and emergency motions receive precedence so far as possible.
Emergency motions and motions which by law may be made ex parte may, in the discretion of the Court, be heard without calling the motion for hearing. Emergency motions shall, so far as possible be given precedence.
Page 11 | 5-2 Ex Parte and Emergency Motions
Adjournment & Extension Requirements
An extension request must be written, specify the reasons, and seek a definite date; for good cause, the Court may consider it without notice or hearing, but may direct notice of any new hearing date to interested parties.
Requests for an extension of time to a definite date or for an order allowing the accounting in a particular estate less frequently than above provided shall be made by written request of the personal representative, or his or her attorney, specifying the reasons for the request. On a showing of good cause, this request may, in the Court’s discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.
Page 41 | 13-8(c) Requests for Extension of Time to File