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

CRITICAL

Applies to

Motion hearing notice

A motion-hearing notice must identify the action, judge, date, and time, and include the motion or state that it was previously served.

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. The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Applies to

Financial institution voucher

The voucher must acknowledge receipt of the funds and a copy of the settlement order, and include the specified no-withdrawals language.

The voucher must acknowledge receipt of the funds and a copy of the Court’s order approving the settlement and shall include the express language that “No withdrawals shall be made from this account unless authorized by order of Court.”

CRITICAL

Applies to

Fee petition

A fee petition must include a statement of the estate’s gross value, completed and anticipated work and time, requested fee, and reimbursable advanced expenses.

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

Written appearance

An attorney’s written appearance must include the attorney’s legible name, address, telephone number, and email address.

Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address.

CRITICAL

Applies to

Receipt and certificate

The representative must file the receipt and certificate with vouchers.

The representative shall file the receipt and certificate with vouchers.

CRITICAL

Applies to

Motion

A person seeking permission to appear remotely under S. Ct. R. 45(c) or (d) must use a written motion filed, scheduled, and served under Local Rule 5.1, unless a standing order or case-specific discretionary exception allows otherwise.

(d) Procedures for Requesting Permission to Appear Remotely. Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Document subpoena

A subpoena seeking documents must include the prescribed legend, including the written certification requirement and the restriction on mailing documents more than two business days early.

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

Settlement petition

A verified petition for a minor's or ward's settlement must describe the occurrence, parties, applicable insurance, injuries and expenses, settlement fairness and recommendation, and fees and costs with their bases.

To settle a cause of action for personal injuries and/or property damage sustained by a minor or ward or any other action in which a minor or ward will receive any or all the settlement proceeds, the legal representative of the minor, ward, or decedent’s estate shall execute and file a verified petition setting forth: (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 applicable liability insurance policy; (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of the minor or ward as a result of the occurrence. The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Parenting education proof

Each parent in a case involving a minor child must complete an approved parenting program and provide proof before prove-up or final order, subject to a good-cause waiver or proof of prior completion.

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

Attorney registration

Registering attorneys must provide the listed attorney, contact, e-service, and payment information.

Attorneys must register with the Clerk and shall at a minimum provide the following information: firm name; attorney names and ARDC registration numbers; address; phone number; e-mail address for E-service; staff contact information; and an approved method for paying filing fees.

CRITICAL

Applies to

Contempt referral

When the judge must refer a contempt matter, the judge must specify the alleged acts in writing, direct preparation of a record of the proceedings, and transfer the matter for reassignment.

In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, direct that a record of the proceedings surrounding the acts be prepared, and transfer the matter to the appropriate assignment judge for reassignment.

CRITICAL

Applies to

Final pretrial conference

Unless excused, trial counsel, all SRLs, plaintiffs, and a defendant representative authorized to settle must attend the final pretrial conference.

Unless excused by the Court, the following representatives shall attend the final pretrial conference: (1) trial attorneys for each party; (2) all SRLs; (3) the plaintiff(s); and (4) a representative of the defendant(s) who has authority to settle the case.

CRITICAL

Applies to

Application for appointment

Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem must apply in writing to the Chief Judge and state their qualifications.

Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem shall apply in writing to the Chief Judge, setting forth the applicant’s qualifications.

CRITICAL

Applies to

Probate petition

A petition to probate a will or codicil written in another language must include a typed English translation and a qualified translator’s certification of accuracy.

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

Written appearance

An attorney must file a written appearance before addressing the Court.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court.

CRITICAL

Applies to

Criminal discovery receipt

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

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

Additional disclosures

Required disclosures must be written and accompanied by an affidavit of completeness and reasonable compliance; parties must seasonably supplement them when new information becomes known.

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. 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

Remote appearance motion

Unless a standing order or discretionary case-specific exception applies, a request for permission to appear remotely must be made by written motion filed, scheduled, and served under Local Rule 5.1.

Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Self represented appearance

An SRL must file a written appearance before participating in a hearing and include the required identifying and contact information.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court. Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Motion for default

In other default situations, the plaintiff must file a written motion requesting default and specifying any other relief sought at the hearing.

In all other instances, a plaintiff seeking a finding that a defendant is in default for failing to appear, answer, or otherwise plead must file a written motion asking that the defendant be found in default and specifying what other relief, if any, the plaintiff will seek during the hearing on the motion.

CRITICAL

Applies to

Verified complaint or affidavit

A verified complaint or affidavit must be signed by the plaintiff or the plaintiff’s agent, not the plaintiff’s attorney.

Verified complaints and affidavits must be signed by the plaintiff or an agent of the plaintiff, not by the plaintiff’s attorney.

CRITICAL

Applies to

Inventory cause of action description

A cause-of-action description must identify the defendant or potential defendants and the nature of the claim, plus the title, case number, and court if suit has been instituted.

A description of a cause of action shall include the name of the defendant(s) or potential defendant(s), its nature, and, if suit has been instituted, the title, case number, and court in which it is pending.

CRITICAL

Applies to

E document

Must include

case number

Each e-document must identify the case title, case number, and nature of the filing.

Additionally, each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Verified settlement petition

A petition to settle a covered decedent’s claim must be verified and include the listed occurrence, parties, insurance, injury and expense, fairness, and fee information.

To settle a cause of action for personal injuries or death or any other action in which a decedent’s estate will receive any or all the settlement proceeds, the executor or administrator shall execute and file a verified petition setting forth: (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 applicable liability insurance policy; (4) A brief description of the injuries sustained by the decedent and a list of hospital and medical expenses incurred by the decedent as a result of the occurrence; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Receipt

The foreign representative, attorney-in-fact, or assignee must acknowledge in writing receipt of the distributive share.

The foreign representative, attorney-in-fact, or assignee shall acknowledge receipt in writing of the distributive share received from the representative

CRITICAL

Applies to

Electronically filed document containing original signature

Unless the Court orders otherwise, the Filer must maintain and preserve electronically filed documents containing original signatures until one year after any judgment or dismissal order becomes final.

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

CRITICAL

Applies to

Estate tax documentation

A representative may not be discharged without filing documentation showing estate taxes were paid or are inapplicable.

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

Original pleading

The initial case-management conference date and time must appear on the original pleading and party copies or in a separate Clerk-prepared document delivered to the plaintiff and served with 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

Proposed property apportionment

When property apportionment is disputed, the parties must submit a detailed proposed-apportionment statement at least five days before the hearing or as otherwise ordered, with specified debt details if marital indebtedness is disputed.

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. 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

Foreclosure sale submission

Before the sale, the plaintiff or its attorney must supply the sheriff with a certified sale judgment, a certificate of publication, and, when applicable, a certificate showing that sale notices were mailed to the parties.

In addition to the services above mentioned, the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff with: (1) A certified copy of the judgment directing sale; (2) A certificate of publication of the notice of sale; and (3) A certificate showing copies of the notices of sale have been mailed to parties to the action, when applicable.

CRITICAL

Applies to

Order of denial

If a motion heard without prior notice is denied, the Court must spread an order of denial of record.

If a motion heard without prior notice is denied, the Court shall spread of record an order of the denial.

CRITICAL

Applies to

Guardian petition

A guardian must petition the Court for approval before materially changing the terms of a covered policy.

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

Petition

A probate petition for a handwritten will or codicil must include a typewritten copy and an affidavit attesting that the copy is true and correct to the affiant’s knowledge.

(a) Holographic Will. 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

E document

Each E-document must include the Filer’s typed name and contact information, and attorneys must also include their ARDC registration 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

Verified petition for approval

A petition to approve an assignment or power of attorney must be verified and include the specified party, interest, consideration, fee, and expense information.

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

Request for relief

A request for relief concerning specified discovery materials must include the relevant portions as an exhibit filed with the Clerk.

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

Petition

An executor or administrator seeking approval of a covered settlement must file a verified petition containing the occurrence, parties, insurance, injury and expense, fairness, and attorney-fee information specified in the rule.

To settle a cause of action for personal injuries or death or any other action in which a decedent’s estate will receive any or all the settlement proceeds, the executor or administrator shall execute and file a verified petition setting forth: (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 applicable liability insurance policy; (4) A brief description of the injuries sustained by the decedent and a list of hospital and medical expenses incurred by the decedent as a result of the occurrence; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Settlement funds

If the Court finds it in the minor’s or ward’s best interest, settlement funds may be invested instead of deposited as otherwise required, but invested funds may not be used or withdrawn without Court approval.

If determined by the Court to be in best interest of the minor or ward, a parent or legal representative receiving settlement funds may, in lieu of depositing the funds as required by Rule 10.1(i), invest the funds for the benefit of the minor or ward in accord with applicable provisions of the Probate Act. Invested funds shall not be withdrawn or used without approval of the Court.

CRITICAL

Applies to

Petition

A petition for a commission to depose a witness to a will or codicil must state specified witness and officer information and include the 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

Financial affidavit

In the specified disputes, each party must file a financial affidavit before the hearing by the stated deadline or as otherwise ordered, but a new affidavit is unnecessary before a permanent-relief hearing if one was filed for temporary relief and there has been no substantial change.

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. If a financial affidavit has been filed before a hearing on temporary relief, an additional financial affidavit need not be filed before the hearing for permanent relief if there has been no substantial change at the time of the final hearing.

CRITICAL

Applies to

Notice of hearing

Filing a hearing notice for a hearing fewer than 10 days after service, or fewer than 14 days after mailing, constitutes the attorney's or self-represented litigant's certification of compliance with the rule.

The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she has complied with this Rule.

CRITICAL

Applies to

Amended or supplemental inventory

An amended or supplemental inventory must be filed with the Clerk to correct an erroneous property description, an improper inclusion or exclusion, or to report additional assets, but need not repeat assets already correctly described.

An amended or supplemental inventory shall be filed with the Clerk if real or personal property has been erroneously described in a previous inventory, assets have been improperly included or excluded from a previous inventory, or additional assets have been received by the representative or have come to his or her knowledge. A supplemental inventory or an amendment to an inventory need not include assets correctly described in a previous inventory.

CRITICAL

Applies to

Guardian investment petition

A guardian wishing 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

Petition

A representative seeking an extension or less frequent accountings must submit a verified petition stating the reasons for the request.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request.

CRITICAL

Applies to

Hearing notice

The notice must state the hearing’s time, date, place, and nature and substantially include the prescribed statement about the account being binding if approved.

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

Receipts

Unless excused, the petitioner must file receipts for all sums expended within 30 days after the Court authorizes withdrawal.

Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended.

CRITICAL

Applies to

Motion to defer mediation

A motion to defer mediation must detail the supporting facts and circumstances.

The motion shall set forth, in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Attorney appearance

An attorney must file and serve a written appearance before addressing the Court, include required identifying and contact details, identify responsible attorneys, and seasonably update the information.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court. Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case. The attorney shall serve copies of the written appearance in the manner required for the service of pleadings. The attorney must seasonably update information contained in the appearance.

CRITICAL

Applies to

Paper filing

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.

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

Notice of hearing

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

The notice 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.”