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

CRITICAL

Applies to

Written notice of motion heard without prior notice

Must include

judge name, case number

After a motion is heard without prior notice, the attorney or self-represented litigant obtaining the order must serve written notice containing the specified case, judge, hearing, and ruling information on the specified parties.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing.

CRITICAL

Applies to

Current or final report

Fees in estates of disabled persons and minors may be allowed only when current or final reports are presented for approval, unless all interested persons are competent and approve another time.

Fees shall be allowed in estates of disabled persons and minors only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance of fees at another time.

CRITICAL

Applies to

Settlement approval order

A settlement-approval order must direct distribution of the funds and require vouchers showing receipt within the time set by the Court.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

Applies to

Appointed attorney submission

Each appointed attorney must provide the Chief Judge with current contact information and a statement or other verification of continuing-education attendance, updating the contact information as needed.

Each appointed attorney shall submit to the Chief Judge current contact information (updated as needed) with a statement or other verification of attendance at continuing education.

CRITICAL

Applies to

Petition for fees

A fee petition must include a statement of the estate's gross value, work and time, requested fee, and expenses for which reimbursement is sought.

A petition for fees shall be accompanied by a statement briefly setting forth the gross value of the estate, a summary of the work completed and to be completed in the future, including time expended, the amount of fee requested, and the expenses advanced for which reimbursement is requested.

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must provide for distribution of the funds and filing vouchers to evidence receipt within a time prescribed by the Court.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

Applies to

Written order

The order preparer must put their name, address, and telephone number at the lower left of the order’s last page.

The attorney or SRL preparing the order shall place his or her name, address, and telephone number at the lower left portion of the last page of the order.

CRITICAL

Applies to

E filed document requiring original signature

By E-filing a document that requires an original signature, the Filer certifies that the original signed document is in the Filer’s possession.

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.

CRITICAL

Applies to

Petition to withdraw funds

A petition to withdraw a minor’s or ward’s funds must be written and state the account amount at presentation and the annual income available; the source text cuts off mid-requirement.

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

CRITICAL

Applies to

Foreclosure sale documents

Unless otherwise directed, the foreclosure plaintiff or its attorney must prepare the listed sale documents and assist the Court and sheriff, including the publication notice, sale report and deed if needed, duplicate certificate of sale, and applicable approval orders and memorandum of judgment.

In all real estate sales in foreclosure, the plaintiff or attorney for the plaintiff, unless otherwise directed, shall prepare the appropriate documents and otherwise aid the Court and sheriff in carrying out the sale, which documents and services shall include (but not be limited to) the following: (1) Preparation of the publication notice for sale and arranging for publication of the notice as required by law; (2) Preparation of the sheriff’s report of sale to be executed by the sheriff as well as the sheriff’s deed or deeds, if needed; (3) Preparation of the certificate of sale in duplicate to be executed by the sheriff; and (4) Preparation of orders approving the report of sale for entry by the Court, as well as a memorandum of judgment when applicable.

CRITICAL

Applies to

Financial affidavit

In the specified disputes, each party must file a standardized statewide financial affidavit at least five days before the hearing or as otherwise ordered.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court. The financial affidavit form shall comply with the standardized, statewide form available at the Illinois Supreme Court website.

CRITICAL

Applies to

Original pleading

The initial case management conference’s time and date must appear on the original pleading and copies, or in a separate Clerk-completed document delivered to the plaintiff and served with the summons.

The time and date of the initial case management conference shall be affixed to the original pleading and on all copies served on or retained by the parties or indicated in a separate document completed by the Clerk to be delivered to the plaintiff and to be served with the summons on all defendants.

CRITICAL

Applies to

Final pretrial documents

Unless otherwise ordered, final pretrial documents must include the listed trial materials and case statement.

Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Petition for adjudication of indirect criminal contempt

An indirect criminal contempt proceeding must begin with a verified petition that describes the alleged contemptuous conduct with particularity.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Petition for ward estate expenditure

A petition to apply a ward’s estate for support, comfort, or education must state the estate’s present value, the ward’s annual income, the expenditure’s purpose, and all payments received by the ward or petitioner on the ward’s behalf.

A petition of a guardian or conservator 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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Settlement memorandum

For a settlement conference, each attorney or SRL must prepare a memorandum stating the relevant facts, the party’s settlement position, and its bases.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Applies to

Petition for approval

A petition for approval must be verified and include the specified assignment details or, for a power of attorney, the fees and expenses charged by the attorney-in-fact and related persons.

The petition for approval shall be verified and, in the case of an assignment, state the names and addresses of the assignor and assignee, the nature and value of the interest involved, the consideration paid to or to be paid to the assignor, and the fees and expenses charged or to be charged, and, in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney-in-fact and his agents and representatives.

CRITICAL

Applies to

Petition for ward expenditure

A petition to spend a ward’s estate must state the estate value, available annual income, expenditure purpose, and all listed sources of payments received by the ward or petitioner.

A petition of a guardian or conservator 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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Inventory stock bond note description

Inventory descriptions of stocks, bonds, and notes must include the identifying and financial details specified for each asset type.

Descriptions of stock shall include the number of shares, class of stock, exact corporate title, and state of incorporation if the state is necessary to identify the stock. A description of a bond shall include the total face value, name of the obligor, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid, and endorsements. A description of a note owed to the decedent or ward shall include the face amount and unpaid balance, date of the note, date of maturity, name of the matter, interest dates, rate of interest, date to which interest is paid, endorsements, and, if secured, a description of the security.

CRITICAL

Applies to

Accounting

Every accounting must include a listing of all disbursements from the estate.

All accountings shall include a listing of all disbursements from the estate.

CRITICAL

Applies to

Receipt

The receipt must certify that the authority to receive the distributive share has not been revoked.

and certify in the receipt that the authority to receive the distributive share has not been revoked.

CRITICAL

Applies to

Proof of service

Proof of serving or answering discovery documents must identify the discovery document, case title and number, service date, and sending and receiving parties.

Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

Applies to

Inventory partnership interest description

A partnership-interest description must state the partnership’s name and address and, if known, the approximate value and estate interest.

A description of a partnership interest shall include the partnership name and address and the approximate value and interest of the estate, if known.

CRITICAL

Applies to

Petition for commission

A petition for a commission to depose a will witness must identify the witness, explain the inability to attend, name the directed officer, and attach proposed written interrogatories.

A person seeking admission of a will or codicil to probate and desiring to take the deposition of a witness to a will or codicil as provided in section 6-5 of the Act shall file a petition for issuance of a commission stating the name and address of the witness, the reason the witness is unable to attend court, and the name and address of the officer to whom the commission is directed. A copy of the proposed written interrogatories shall be attached to the petition.

CRITICAL

Applies to

Safety deposit box inventory

Representatives and guardians must timely file a sworn inventory of the safety deposit box’s contents with the Clerk.

All representatives and guardians shall timely file with the Clerk a sworn inventory of a safety deposit box’s contents.

CRITICAL

Applies to

Petition for material policy change

Before materially changing the terms of a qualifying life, endowment, or annuity policy, a guardian must petition the Court for approval.

Before making any material change to the terms of any life, endowment, or annuity policy purchased pursuant to section 21-2 of the Act, the guardian shall petition the Court for approval.

CRITICAL

Applies to

Settlement approval order

For annuity payments due before majority, the settlement order must direct payment to the minor’s or ward’s estate, prohibit expenditure or transfer without Court leave, and require proof of allowed distributions.

When annuity payments or income are payable before the beneficiary reaches the age of majority, an order approving the settlement shall provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court, and that proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Affidavit

An attorney representing the attorney-in-fact who is not the estate's attorney must file an affidavit agreeing to supervise the distribution of funds.

If the attorney representing the attorney-in-fact is not the attorney for the estate, he or she shall file an affidavit stating he or she will properly supervise the distribution of funds held by the attorney-in-fact.

CRITICAL

Applies to

Mediated agreement

When presenting a mediated agreement for approval, advise the Court if a party is self-represented.

(2) Self-Represented Litigant. If a party is an SRL, the Court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Inventory

An inventory in a decedent’s estate under supervised administration or in the estate of a minor or disabled person must be verified.

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

Probate petition

A petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit verifying its accuracy to the affiant’s knowledge.

When seeking to probate a handwritten will and/or codicil, the petitioner shall file a typewritten copy of the will and/or codicil with the petition and an affidavit of the petitioner or other person typing the will and/or codicil that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition for leave to receive share

A foreign representative, attorney-in-fact, or assignee seeking leave to receive the share must present a petition in a form acceptable to the Court.

The foreign representative, attorney-in-fact, or assignee shall present a petition for leave to receive the share in a form acceptable to the Court.

CRITICAL

Applies to

Supplemental probate petition

A supplemental probate proceeding requires a petition identifying the proceeding type and using the estate’s case number with a letter suffix, service as in civil cases subject to the stated tort exception, and payment of the fee at filing.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14. 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. The required fee shall be paid when the petition is filed.

CRITICAL

Applies to

Petition to invest ward property

A petition to invest a ward’s property must identify the investment category, certify compliance with its limitations, and disclose a proposed purchase from the guardian or a firm in which the guardian is an officer or director.

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

Settlement conference memorandum

For a settlement conference, each attorney or SRL must prepare a memorandum stating the relevant facts, settlement position, and its bases, and deliver it to the Court at least seven days before the conference.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Applies to

Pretrial documents

Unless otherwise ordered, required pretrial documents include the listed materials, including statements of the case with specified information.

Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing’s time, date, and place and include the specified arrest-warrant warning.

A notice of the hearing on a rule to show cause shall include, in addition to the time, date, and place of hearing, 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

Accounting hearing notice

Accounting-hearing notice must state the hearing details and include the prescribed binding-effect wording substantially as written.

The notice shall contain the time, date, place, and nature of the hearing in substantially the following sentence: “If the account is approved by the judge, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Applies to

Continuing education verification

Attendance verification must be submitted to the Chief Judge when the attorney attends the course or upon request.

Verification of attendance shall be submitted to the Chief Judge at the time of attendance or on request.

CRITICAL

Applies to

Pleading

Must include

caption

Each pleading must identify the circuit and county and designate the parties in its caption.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

Verified petition

A rule to show cause for indirect civil contempt may issue only on a verified petition setting out its factual basis or on the complaining party’s testimony, and either must make a prima facie showing of contempt.

Except as provided in these Rules, a rule to show cause for indirect civil contempt shall be issued only on a verified petition that clearly sets forth the facts on which the petition is based or on testimony of the complaining party. Any verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Guardian report

A guardian’s or guardian-to-collect report must disclose the ward’s location, physical and mental condition, and school attendance or occupation.

A report of a guardian or a guardian to collect shall disclose the physical location of the ward, the ward’s physical and mental condition, and the ward’s attendance in school or occupation.

CRITICAL

Applies to

Objection

The objection form provides a signature block for the objector.

Signature of Objector

CRITICAL

Applies to

Bond

Unless the Court waives the requirement, the foreign representative, attorney-in-fact, or assignee must furnish a bond with surety in the amount and form accepted by the Court, conditioned on payment and delivery of the share to the distributee.

Unless waived by the Court, the foreign representative, attorney-in- fact, or assignee shall furnish a bond with surety in an amount set and in a form acceptable to the Court and conditioned on the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Pleading

Each pleading must identify the circuit, county, and parties.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

Petition to withdraw ward funds

A petition to withdraw covered ward funds must be presented in person by a listed responsible person unless the Court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in section 24-21 of the Act or pursuant to this Rule shall be presented in person by the parent, spouse, person standing in loco parentis, or person having custody of the ward, unless the Court waives personal presentation.

CRITICAL

Applies to

Judgment order

After an adjudication of civil contempt, the complaining party or the Court must prepare a written judgment order specifying the conduct, sanctions, and means to purge the contempt.

On an adjudication of civil contempt, the complaining party or the Court shall prepare a written judgment order specifying the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself or herself of the contempt.

CRITICAL

Applies to

Settlement approval order

If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment to the estate and prohibit expenditure, transfer, or withdrawal without leave of Court.

When annuity payments or income are payable before the beneficiary reaches the age of majority, an order approving the settlement shall provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court, and that proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Post judgment hearing notice

Covered hearing notices must include the specified arrest-warrant warning in bold type or underlined, in addition to the hearing time, date, and place.

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

Written appearance

If an SRL does not e-file an appearance, the SRL must sign it and have the signature acknowledged by an authorized person.

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.