7th Judicial Circuit Court, Jersey County, Illinois Document Filing Requirements

CRITICAL

Applies to

Provisional order

A provisional order must state the agreed terms and conditions receiving a positive finding and identify issues without an agreement or positive finding.

a provisional order which shall contain the agreed terms and conditions with which the mediating judge has made positive finding and shall also specify issues as to which agreement was either not reached or was not the subject of positive finding by the mediating judge.

CRITICALCivil cases

Applies to

Guardian ad litem application

Attorneys seeking appointment as a guardian ad litem must apply in writing to the designated judge.

Attorneys seeking appointment as a guardian ad litem in matters involving allocation of parental responsibilities shall apply in writing to the Presiding Judge of each county or, for Sangamon County, Chief of the Family Division.

CRITICAL

Applies to

Attorney appearance or pleading

An attorney must file a written appearance or other pleading before addressing the court, unless presenting a motion for leave to appear by intervention or otherwise.

An attorney shall file their written appearance or other pleading before they address the court unless they are presenting a motion for leave to appear by intervention or otherwise.

CRITICAL

Applies to

Formal mediated agreement

The written summary must form the basis of the formal mediated agreement presented to the court for approval.

This summary will form the basis of the formal mediated agreement, presented to the court for approval.

CRITICAL

Applies to

Discovery motion

A party objecting to discovery, seeking to enforce compliance, or challenging the sufficiency of a response must attach and file all relevant discovery with the motion.

Whenever any party has objection to any requests, or seeks to enforce compliance with any request or otherwise addresses a motion to the sufficiency of a response, they shall attach to their motion and file with the Circuit Clerk, a copy of all relevant discovery in order that the court may properly consider the motion.

CRITICAL

Applies to

Written summary

The proposed resolution of the mediated issues will be documented in a written summary.

The proposed resolution of the mediated issues will be documented in a written summary.

CRITICAL

Applies to

Discovery service certification

Must include

certificate of service

Counsel must certify proof of service of a discovery request, briefly describe the request, and provide proof of service on the recipient.

Proof of service of any request for discovery shall be made by certification of counsel briefly describing the request made, together with proof of service on the party to whom they were directed.

CRITICAL

Applies to

Final pretrial memorandum

Before trial, the parties must present a final pre-trial memorandum containing the listed minimum information.

Prior to the commencement of trial, the parties shall present to the court a final pre-trial memorandum, which includes, at a minimum, the following, in a form that substantially complies with Appendix B1 (with children) and Appendix B2 (without children). a. The name, address, date of birth and current employment of each party; b. The name, date of birth and school and/or child care facility for each child; c. Agreements between the parties; d. The issues presented to the court by each party; e. Any stipulations agreed to by the parties; f. A list of potential witnesses; g. A list of potential trial exhibits; h. A list of assets, including the proposed value to be assigned to each asset; i. A list of household goods and related personal property at issue, including the proposed value to be assigned to the property; j. A list of debts, both as to current balance and minimum monthly payment; k. A list of property and debts that are claimed to be non-marital and a brief statement of the basis for the claim; l. Proposed resolution regarding parental responsibility allocation and parenting time; m. Proposed calculations of net income, child support and/or maintenance; n. An itemized proposed distribution of property and debts; o. Attorneys fees and costs of litigation;

CRITICAL

Applies to

Mediation materials

After an order for mediation issues, the parties must provide the mediator requested information, including the listed orders, pleadings, discovery materials, questionnaires, memoranda, and contact information.

Upon the issuance of an order for mediation, the parties are to provide to the mediator information requested by the mediator, including but not limited to the following: 1. The Mediation Order; 2. Record sheets and all pleadings in the case; 3. All filed discovery material; 4. Completed pre-mediation questionnaires (containing, among other items, domestic violence-related inquiries); 5. All settlement conference memoranda filed in the case; and 6. Current mailing addresses, telephone and FAX numbers for the parties and counsel in the case.

CRITICAL

Applies to

Parenting plan

Unless the court approves otherwise, the parenting plan must comply at minimum with the standardized Parenting Plan.

Unless otherwise approved by the court, the parenting plan shall comply, at a minimum, with the standardized Parenting Plan which can be accessed by clicking on the following Parenting Plan.

CRITICAL

Applies to

Objection

The objection must describe the specific facts and circumstances supporting the allegation that extended media coverage would interfere with a fair trial.

The specific facts and circumstances in support of the allegation are described as follows:

CRITICAL

Applies to

Family mediation referral form

In all cases, a family mediation referral form must be sent to the mediator within 3 days after the Order for Mediation is entered.

A family mediation referral form shall be sent to the mediator in all cases within 3 days of the entry of the Order for Mediation.

CRITICAL

Applies to

Objection

An objection to a remote hearing or its designated platform must be filed in writing and noticed for hearing.

If any party objects to conducting the noticed hearing remotely or to the platform designated, that party, as soon as practicable, shall file the party's objection in writing and notice the objection for hearing before the noticed remote hearing.

CRITICAL

Applies to

Provisional order

Unless the mediating judge rules negatively on the agreement’s best-interest suitability, the judge must file a provisional order with no findings that includes all terms of the agreement; the trial judge may co-enter or reject and vacate it on the stated grounds.

Unless such ruling is made in the negative, prepares, enters and files in the subject case a provisional order which sets forth no findings but which contains as terms of an order of the court all terms and conditions of any agreement reached by the parties pursuant to judicial mediation; and a trial judge charged with determination of the agreed issues may effectuate the agreement of the parties by co- entering the provisional order, or may reject the agreement of the parties and vacate the provisional order if the trial judge (1) finds such agreement to be not in the best interest of such child or children or (2) finds such agreement to be otherwise not in compliance with law.

CRITICAL

Applies to

Venue motion

When neither party resides in the county where the initial pleading is filed, petitioner's counsel must file a venue-waiver motion with the pleading, and the motion must be heard and decided before any other issue.

In any case brought pursuant to the Illinois Marriage and Dissolution of Marriage Act where neither petitioner nor respondent resides in the county; where the initial pleading is filed, counsel for the petitioner shall file with said pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of the Marriage and Dissolution of Marriage Act, 750 ILCS 5/104.

CRITICAL

Applies to

Certification agreement

Parties who reach an agreement must complete the Certification Agreement.

If the parties reach an agreement, they must complete the Certification Agreement.

CRITICAL

Applies to

Pre mediation questionnaire

The parties must complete a pre-mediation questionnaire in a form approved by the Chief Judge before referral for judicial mediation.

after completion by the parties of a pre-mediation questionnaire the form of which shall be approved by the Chief Judge

CRITICAL

Applies to

Remote hearing request

Must include

proposed order

The Court may consider a remote hearing for an otherwise ineligible case if all parties agree and present a proposed Agreed Order.

The Court may consider allowing an otherwise presumed ineligible case to proceed to a remote hearing if all parties agree and present the Court with a proposed Agreed Order.

CRITICAL

Applies to

Extended media coverage request

The extended media coverage request form calls for the applicant to identify the organizations represented, proceeding details, requested coverage, equipment, and personnel.

- 1. This request is being made on behalf of all news media organizations. - 2. Extended media coverage is requested in connection with the trial or proceeding scheduled to take place on the _____ day of _____, 20____ at _____ a.m./p.m., at the _____ County Courthouse, _____, Illinois. - 3. The type of extended media coverage requested is as follows: _____ Video Camera _____ Still Camera _____ Video/Audio Recording _____ Live Blog Include type of equipment and number of personnel: _____ _____ _____

CRITICAL

Applies to

Discovery service certification

The certification must be filed with the clerk of the circuit court.

Certification shall be filed with the clerk of the circuit court.

CRITICAL

Applies to

Petition to establish parentage

The Petition to Establish Parentage must comply with 750 ILCS 45/1 et seq.

The contents of the form petition shall comply with the provisions of 750 ILCS 45/1 et seq.

CRITICAL

Applies to

Notice of hearing

A hearing notice must identify the motion judge, action, hearing date and time, and the nature of the motion.

The notice of hearing shall designate the motion judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

CRITICAL

Applies to

Mediation referral form

A mediation referral form must be completed by counsel for the minor or another party directed by the court and sent to the mediator within three days after entry of the Mediation Order.

A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Mediation Order, and shall be completed by counsel for the minor or such other party as the court directs.

WARNING

Applies to

Supreme court forms

After reviewing the instructions, filers should select the appropriate Supreme Court forms, complete them, and file them with the Clerk of the Circuit Court.

Thereafter, select the appropriate forms, complete and file with the Clerk of the Circuit Court.

WARNING

Applies to

Mediator application

Any person seeking to become a court approved mediator should apply in writing to the Presiding Judge of that County or, for Sangamon County, Chief of the Family Division. The applicant should set forth his/her background and experience in mediation and should show that the Minimum Qualifications of Matrimonial and Family Dispute Mediators are met.

Any person seeking to become a court approved mediator should apply in writing to the Presiding Judge of that County or, for Sangamon County, Chief of the Family Division. The applicant should set forth his/her background and experience in mediation and should show that the Minimum Qualifications of Matrimonial and Family Dispute Mediators are met.

WARNINGCivil cases

Applies to

Approved attorney list request

A request for the county-maintained list of approved guardian ad litem attorneys must be made in writing.

NOW THEREFORE, IT IS HEREBY ORDERED, that a list of approved attorneys to appoint as a guardian ad litem before courts of the Seventh Judicial Circuit shall be maintained by individual counties and made available by request in writing.

WARNING

Applies to

Financial affidavit

A party presenting an affidavit under this rule must seasonably update it.

The party presenting an affidavit pursuant to this rule is under an affirmative duty to seasonably update the affidavit.

WARNING

Applies to

Contraband destruction order

Contraband exhibits may be destroyed only by order of the trial judge or, if unavailable, the Presiding Judge of the County.

Contraband items, including but not limited to, weapons used in the commission of a crime and illegal drugs shall be destroyed by order of the Judge presiding at trial, or if the judge is unavailable, by the Presiding Judge of the County.

WARNING

Applies to

Temporary restraining order or preliminary injunction petition

A petition for a temporary restraining order or preliminary injunction may be entertained when accompanied by an affidavit showing a factual basis for relief.

The court may entertain a petition for a temporary restraining order or preliminary injunction, accompanied by affidavit, showing a factual basis for relief as provided in 750 ILCS 5/501 (a) (2).

WARNING

Applies to

Financial records

No other financial records may be filed with the clerk.

No other financial records may be filed with the clerk.

WARNING

Applies to

Mediator application

Any person seeking to become a mediator should apply in writing to the Presiding Judge of that County or in Sangamon, Chief of the Family Division. The applicant should set forth his/her background and experience in mediation and should show that the Minimum Qualifications of Mediators are met.

Any person seeking to become a mediator should apply in writing to the Presiding Judge of that County or in Sangamon, Chief of the Family Division. The applicant should set forth his/her background and experience in mediation and should show that the Minimum Qualifications of Mediators are met.

WARNING

Applies to

Destruction completion certification

A certification to the court confirming completion of destruction is required.

Within 14 days the Sheriff and Clerk shall certify to the court that the destruction has been completed.

WARNING

Applies to

Notice

The Clerk's notice must go to attorneys of record or the pro se party and explain that exhibits not claimed within 30 days may be disposed of by judicial order.

Sixty (60) days after entry of final judgment, if no appeal has been filed, the Clerk of the Court shall send notice to all attorneys of record or to the party pro se stating that all exhibits received into evidence shall be released to the party offering said exhibits. The notice shall advise the attorneys or parties that if the exhibits are not claimed within 30 days of the Clerk's notice, an order disposing of all exhibits shall be signed by the trial judge or, if unavailable, the Presiding Judge of the County.

WARNING

Applies to

Contraband destruction order

After receiving the destruction order, the Clerk must deliver the contraband and the order to the Sheriff.

Upon receiving the order, the Clerk shall deliver the contraband to the Sheriff along with the court's order for destruction.

WARNING

Applies to

Exhibit release order

Any exhibit may be released at any other time by order of the judge presiding at the trial after due notice to all interested parties and hearing.

Any exhibit may be released at any other time by order of the judge presiding at the trial after due notice to all interested parties and hearing.

WARNING

Applies to

Written objection

A written objection to extended media coverage should state the reasons for the objection.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request. Objections may be made outside the 3-day window as the court prescribes. The court may also allow oral objections.

WARNING

Applies to

Dissolution pleadings

Using the Clerk's form does not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 5/101 et seq.

The use of the form made available by the Clerk shall not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 5/101 et seq.

WARNING

Applies to

Temporary child support or maintenance matter

Matters of temporary child support and maintenance may be addressed by financial affidavit only in accordance with 750 ILCS 5/501(a) (1).

Matters of temporary child support and maintenance may be addressed by financial affidavit only in accordance with 750 ILCS 5/501(a) (1).

WARNING

Applies to

Certificate of compliance

After compliance with the court's order, the Clerk must file a Certificate of Compliance in the form of Appendix 2.

Upon compliance with the court's order, the Clerk shall sign and file in the cause a Certificate of Compliance in substantially the same form as Appendix 2 of this Administrative Order.

WARNING

Applies to

Parentage pleadings

Using the Clerk's parentage form does not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 45/1 et seq.

The use of the form made available by the Clerk shall not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 45/1 et seq.

INFO

Applies to

Supreme court commission approved form

Forms approved by the Supreme Court Commission on Access to Justice must be accepted in all Illinois courts.

The following forms have been approved for use by the Supreme Court Commission on Access to Justice and are required to be accepted in all Illinois courts.

INFO

Applies to

Praecipe for summons

An action for dissolution of marriage or legal separation may be commenced without a petition by filing a praecipe for summons.

An action for dissolution of marriage or legal separation may be commenced without the petition by filing a praecipe for summons pursuant to the provisions of 750 ILCS 5/411 (b).

INFO

Applies to

Report of fees

The State's Attorneys of Greene, Jersey, Macoupin, Morgan, Sangamon, and Scott counties are exempt from filing a Report of Fees.

WHEREAS, the requirement to file a Report of Fees is waived for the State's Attorneys of Greene, Jersey, Macoupin, Morgan, Sangamon and Scott counties.