15th Judicial Circuit Court, Jo Daviess County, Illinois Document Filing Requirements

CRITICAL

Applies to

Motion

Every motion must identify the relief sought and its legal basis, state its factual and legal grounds, and cite the legal authority the moving party wants the Court to consider.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Petition to withdraw minor or ward funds

A petition to withdraw funds for a minor or ward must be written and state the account balance, available annual income, requested amount and purpose, and amount of the last authorization for the same purpose.

A petition to withdraw funds held for the benefit of a minor or ward shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor or ward, the amount and purpose of the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

CRITICAL

Applies to

Jury instruction

When news media is present during any portion of a criminal or civil trial, the judge must give the stated instruction to the jury.

(b) Jury Instruction. The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.

CRITICAL

Applies to

E filed document

An e-filer certifies possession of required original signatures and must preserve original signed documents until one year after the judgment or dismissal becomes final and unappealable.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession. Unless otherwise ordered by the Court, the Filer shall maintain and preserve all documents containing original signatures that are filed electronically until one year after the date that any judgment or dismissal order has become final and unappealable.

CRITICAL

Applies to

Order of attachment

An order of attachment must indicate the amount of bail.

The amount of bail shall be indicated on the order of attachment.

CRITICAL

Applies to

Estate tax documentation

A representative may not be discharged until appropriate documentation is filed with the Clerk showing that estate taxes have been paid or that the estate is not subject to them.

The Court shall not discharge a representative unless the representative has filed with the Clerk appropriate documentation that all estate taxes have been paid or that the estate is not subject to estate taxes.

CRITICAL

Applies to

Probate inventory

An inventory must list known real and personal property and causes of action as of the specified date, and must be verified in the specified estates.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue. The inventory in a decedent’s estate under supervised administration or in the estate of a minor or disabled person shall be verified.

CRITICAL

Applies to

Disclosure

Each party must seasonably supplement and amend disclosures when new or different information or documents become known.

The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

Disclosure

Each disclosure must be written and accompanied by the party’s affidavit confirming its completeness and correctness and the reasonable efforts made to comply.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made.

CRITICAL

Applies to

Stipulation of dismissal

A stipulation dismissing a pending action must be accompanied by the financial institution’s voucher.

A stipulation dismissing any pending action shall be accompanied by the voucher from the financial institution.

CRITICAL

Applies to

Petition

A probate petition for a will or codicil written in another language must include a typewritten English copy and a qualified translator’s certification that the translation is true and correct.

(b) Will in Language Other Than English. When seeking to probate a will and/or codicil that is written in a language other than English, the petitioner shall file a typewritten copy of the will and/or codicil in English with the petition and a certification by a qualified translator that the translation is true and correct.

CRITICAL

Applies to

Mediation summary

Each party must provide the mediator a written case summary at least 10 days before the conference, or as the mediator otherwise requires; it must cover the specified case information and identify all participants, and a filer who wants confidentiality should advise the mediator in writing when filing it.

At least 10 days before the conference or as otherwise required by the mediator, each party shall present to the mediator a brief written summary of the case containing a list of issues as to each party. If the party or attorney filing the summary wishes its contents to remain confidential, he or she should advise the mediator in writing when the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary.

CRITICAL

Applies to

Civil fee waiver application

A civil fee-waiver application must be written on the Illinois Supreme Court form, signed by the applicant or a knowledgeable person for a minor or incompetent adult, and e-filed unless excused.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

CRITICAL

Applies to

E document

E-documents must include the filer’s typed name and contact information, and attorneys must also include their ARDC number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer. Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Sworn affidavit

To support attorney’s fees above 33 1/3% of the gross settlement, the attorney must provide a sworn affidavit reciting the work and hours involved or special circumstances justifying the higher fee.

The Court shall not allow attorney’s fees in excess of 33 1/3% of the gross settlement amount unless the attorney representing the minor or ward in a sworn affidavit recites the work and hours involved or other special circumstances that justify a higher attorney’s fee to compensate the attorney fairly for the work performed;

CRITICAL

Applies to

Written appearance

A law firm’s appearance must identify the specific attorney or attorneys responsible for the case.

If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case.

CRITICAL

Applies to

Pleading notice or other paper not electronically filed

A pleading, notice, or other paper filed with the Clerk outside electronic filing must be legibly signed by an attorney of record in the attorney’s individual name or by the SRL.

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

CRITICAL

Applies to

Statement of proposed property apportionment

If marital indebtedness is disputed, the proposed property apportionment statement must list each debt's creditor, marital or non-marital status, amount, and due date or dates.

If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Proposed order

A person directed to submit a written order must do so within 30 days or the Court’s alternative deadline and first tender the proposed order to all other attorneys and SRLs of record.

The attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court. Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

Applies to

Self represented appearance

A non-e-filed SRL appearance must be signed and the signature acknowledged before an authorized notary or oath administrator.

If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.

CRITICAL

Applies to

Inventory real estate description

Real-estate descriptions must include the property’s legal description and address, if any, and descriptions of beneficial interests must identify the trustee and provide other identifying information.

Descriptions of real estate shall include the legal description and address, if any, of the property. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated.

CRITICAL

Applies to

Discovery receipt

An attorney or self-represented litigant who receives or reviews discovery materials must acknowledge doing so by signing the disclosing party’s receipt.

The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

CRITICAL

Applies to

Assignment of interest or power of attorney

Each assignment of interest or power of attorney concerning a decedent’s estate must be presented to the Court for filing and approval.

Each assignment of interest or power of attorney with respect to a distributee’s interest in a decedent’s estate shall be presented to the Court for filing and approval.

CRITICAL

Applies to

Stipulation of dismissal

A stipulation dismissing a pending action must include the financial institution’s voucher.

A stipulation dismissing any pending action shall be accompanied by the voucher from the financial institution.

CRITICAL

Applies to

Inventory

Each inventory and amended or supplemental inventory must be filed with the Clerk unless the Court excuses filing.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk.

CRITICAL

Applies to

Written appearance

If an SRL’s appearance waives notice or consents to an immediate hearing, it must state that the SRL received the pleading seeking relief and attach that pleading.

If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of any pleading seeking relief with respect to him or her and attach a copy of that pleading to the appearance.

CRITICAL

Applies to

Written answer

A written answer may specifically deny allegations and include any affirmative defense.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

CRITICAL

Applies to

Parenting education proof of completion

When the parties have a minor child, each parent must complete an approved parenting education program and provide proof before a prove-up or final order, unless the Court waives the requirement for good cause or the parent provides a certificate showing prior attendance.

In all cases in which the parties have a minor child, each parent must attend an approved parenting education program and provide proof of completion before any prove-up or final order in the action. The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

CRITICAL

Applies to

Motion

Every motion must identify the relief and legal provision invoked, state its factual and legal bases, and cite authorities the movant asks the Court to consider.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Objection

The objection must state the asserted fair-trial interference and describe the supporting specific facts and circumstances.

2. There is good cause to believe that the presence of extended media coverage, under the circumstances of the proceeding, would materially interfere with the right of the parties to a fair trial. The specific facts and circumstances in support of the allegation are described as follows:

CRITICAL

Applies to

Settlement approval order

A settlement-approval order must provide for appointment of an estate guardian and a bond pending deposit, unless the Court waives surety, in which case the attorney is responsible for depositing the funds.

An order entered approving a settlement shall provide for the appointment of a guardian for the minor’s or ward’s estate and shall require the guardian to file a bond pending proper deposit of the funds in the approved financial institution. If the Court waives the requirement of a surety, the attorney representing the estate of the minor or ward shall have personal responsibility for depositing the funds in the approved financial institution.

CRITICAL

Applies to

Self represented appearance

An SRL appearance waiving notice or consenting to immediate hearing must state receipt of the relevant pleading and attach it.

If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of any pleading seeking relief with respect to him or her and attach a copy of that pleading to the appearance.

CRITICAL

Applies to

Guardian investment petition

A guardian’s investment petition must identify the statutory investment category, certify compliance with its limits, and disclose a purchase from the guardian or the guardian’s firm.

A petition of a guardian to invest the ward’s property shall identify the category of the proposed investment pursuant to section 21-2 of the Act and certify that the proposed investment complies with the limitations applicable in that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm of which he or she is an officer or director, the petition shall so state.

CRITICAL

Applies to

Discovery request for relief

A request for relief concerning specified discovery must include and file the relevant portions as exhibits.

However, if relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response, copies of the portion of the deposition, interrogatory, request, answer, or response shall be attached to the request for relief as an exhibit and filed with the Clerk.

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must appoint a guardian for the minor’s or ward’s estate and require the guardian to file a bond pending proper deposit of the funds.

An order entered approving a settlement shall provide for the appointment of a guardian for the minor’s or ward’s estate and shall require the guardian to file a bond pending proper deposit of the funds in the approved financial institution.

CRITICAL

Applies to

Mediator report

The mediator's report must state whether an agreement was reached, in whole or in part.

Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

Applies to

Petition

A supplemental-proceeding petition must identify the proceeding type and use the estate’s case number with an “A,” “B,” “C,” or later suffix.

The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with suffix “A,” “B,” “C,” etc.

CRITICAL

Applies to

Statement of proposed property apportionment

When property apportionment is disputed, the parties must submit a proposed-apportionment statement with the specified property, valuation, apportionment, and authority information by the stated deadline or as otherwise ordered.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

Applies to

Written appearance

An SRL’s appearance must include the SRL’s legible name, address, telephone number, and email address if required.

Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Default finding motion

For a motion seeking a default finding under Rule 5.2(1), either the notice or the motion must warn the defendant that a default finding eliminates notice of further proceedings.

If the motion is for a finding of a default under Rule 5.2(1), either the notice or the motion must inform the defendant that if the defendant is found to be in default at the hearing, the defendant shall not be entitled to notice of further proceedings in the action.

CRITICAL

Applies to

Motion

A motion to terminate mediation must include an affidavit stating specific facts explaining why continuing mediation would be inappropriate.

(2) Filing a Motion. Any motion to terminate mediation must be supported by an affidavit setting forth specific facts as to why continuing the mediation would be inappropriate.

CRITICAL

Applies to

Discovery receipt

Unless a dispute arises about the extent of disclosure, all parties must file the receipt or acknowledgment at trial or other disposition of the case.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

Sheriff fee and commission record

The sheriff must maintain a record of fees and commissions from Court-authorized sales, open to inspection, showing the dates and amounts received and each case’s title and number.

The sheriff shall prepare and keep on file, open to inspection by the Court and others, a full and complete record of all fees and commissions received for sales conducted by the sheriff under authority of the Court, which record shall show the dates and amounts received and the title and number of each case.

CRITICAL

Applies to

Hearing notice

Specified hearing notices must state the time, date, and place and include the prescribed arrest-warrant warning in bold or underlined text.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which a warrant of arrest may issue for a party’s failure to appear after receipt of notice shall, in addition to the time, date, and place of hearing, include the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Notice of hearing

A motion-hearing notice must state the action's title and number, the expected judge, and the hearing time and date.

In the notice, the party shall provide the title and number of the action, the name of the judge expected to hear the motion, and the time and date when the motion will be presented.

CRITICAL

Applies to

Inventory

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue.

CRITICAL

Applies to

Power of attorney or assignment

Each power of attorney or assignment must be signed by the distributee and authenticated and acknowledged before an American consul, unless the Court accepts other evidence of authenticity.

Each power of attorney or assignment shall be signed by the distributee and be properly authenticated and acknowledged before an American consul, unless the Court is satisfied with other evidence of the authenticity of the power of attorney or assignment.

CRITICAL

Applies to

Subpoena

A subpoena seeking documents must bear the specified legend on its face or have it conspicuously attached.

Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Petition to retain investment

A guardian seeking to retain an investment or increase not authorized by section 21-2 must petition the Court for approval.

If a guardian desires to retain an investment (including a life, endowment, or annuity policy) or any increase in that investment that is not authorized by section 21-2 of the Act, the guardian shall petition the Court for approval to retain the investment or increase.

CRITICAL

Applies to

Probate proceeding

A Probate Act proceeding is required if the distribution exceeds $10,000, the minor or ward is under 14, or distribution is under a structured settlement, subject to a good-cause waiver.

If the amount distributable to a minor or ward exceeds $10,000, or the minor or ward is younger than 14 years of age, or the distribution to the minor or ward is to be made pursuant to a structured settlement, a proceeding shall be initiated pursuant to the Probate Act. This provision may be waived by the Court for good cause.