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

CRITICAL

Applies to

Financial institution voucher

Settlement funds received for a minor or ward must be deposited in a Court-approved federally insured account and not withdrawn without Court approval; the financial institution’s voucher must include specified confirmation and wording.

When settlement funds are to be received by a parent or legal representative on behalf of a minor child or ward, the parent or legal representative must deposit the funds in a federally insured account in a financial institution approved by the Court for the benefit of the minor or ward and shall not withdraw any of the funds without approval by the Court. The Court shall continue the case to a specific date for the purpose of receiving a voucher from the financial institution. 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

Written appearance

A self-represented litigant must file a written appearance before participating in any hearing.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court.

CRITICAL

Applies to

E document

Must include

case number

Each E-document must include 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

Trial continuance motion

A continuance motion based on a conflicting setting must include an attorney affidavit identifying the other case, judge, setting details, and date it was set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Report of compliance

The compliance report must include the distributee's receipt evidencing payment and delivery of the distributive share.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Applies to

Judgment directing sale

A judgment directing a real-estate sale must designate the sheriff or a Court-approved judicial officer to conduct the sale.

All judgments directing the sale of real estate shall designate the sheriff or judicial officer approved by the Court as the officer to conduct the sale.

CRITICAL

Applies to

Initial case management conference

All parties or their attorneys must attend the initial case-management conference; failure to attend may result in dismissal or default.

All parties or their attorneys shall appear at the initial case management conference. Failure to appear may result in a dismissal or default, as applicable.

CRITICAL

Applies to

Mediation termination motion

A motion to terminate mediation must include an affidavit stating specific facts explaining why continuation is inappropriate.

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

Verified minor settlement petition

A petition to settle a claim involving a minor or ward must be verified and include the listed occurrence, parties, insurance, injury and expense, fairness, and fee information; medical certification is required only if requested.

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

Written judgment order

When imposing sanctions for direct criminal contempt, the Court must enter a written judgment order stating the factual basis for the finding and specifying the sanctions.

When imposing sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions.

CRITICAL

Applies to

Application for waiver of court fees

In a civil action, a court-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 the Court excuses e-filing.

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.

WARNING

Applies to

Filer contact information

Filers must immediately notify other parties, the Clerk, and the EFM of changes to their listed identifying or contact information.

All Filers must immediately notify other parties, the Clerk, and the EFM of any change of name, mailing address, phone or fax number, or e- mail address.

WARNING

Applies to

Written order

The Court may require a written order, and an attorney or SRL directed to submit one must do so within 30 days or another time set by the Court.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court.

WARNING

Applies to

Written appearance

An attorney must seasonably update the information in the appearance.

The attorney must seasonably update information contained in the appearance.

WARNING

Applies to

Criminal discovery disclosure

A party must disclose court-ordered criminal discovery by providing copies or arranging an inspection meeting; preparing a receipt is recommended.

The party shall disclose the materials ordered by the Court to be disclosed either by providing copies or by arranging a meeting during which the materials will be exhibited to the opposing attorney or SRL; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

WARNING

Applies to

Safety deposit box inventory

Representatives and guardians must timely file a sworn inventory of a 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.

WARNING

Applies to

Exhibits

The Court may direct the parties to produce expected trial exhibits; the exhibits must be marked as directed, and the parties must stipulate to exhibits without objections.

At the final pretrial conference or at any other time as may be designated by the Court, the Court may direct the parties to produce all exhibits they expect to offer in evidence. Each of the exhibits shall be marked for identification by the court reporter, clerk, or attorneys, as the Court directs. The parties shall then stipulate as to the exhibits to which there are no objections, and those exhibits shall be admitted in evidence without the necessity of further foundation.

WARNING

Applies to

Party objection

A party objecting to extended media coverage should file a written objection that states 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.

WARNING

Applies to

Additional disclosures

On a party's written motion or on its own motion, the Court may require parties to disclose and exchange the listed information within 30 days, without further notice or request, when the action's nature or complexity warrants it.

The Court may, on written motion of a party or its own motion, determine that, because of the nature or complexity of an action, the parties shall, within 30 days and without further notice or request, disclose and exchange the following information, whether the information is within the possession, custody, or control of the party or can be ascertained or acquired by the party by reasonable inquiry and investigation: (1) Whether paternity of any child, living or unborn, is contested, and, if so, the identity of the child and the alleged putative father of the child; (2) The name and address of any health and medical insurance carrier covering any spouse and/or children; (3) A statement describing any worker’s compensation, personal injury, or property damage claims the disclosing party may have, whether or not filed; (4) The name and address of all employers and a description of any self- employment of the disclosing party;

WARNING

Applies to

Criminal discovery receipt

Unless disclosure is disputed, all parties must file discovery receipts at trial or other disposition to show compliance with the Court’s order.

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.

WARNING

Applies to

Structured settlement

An annuity provider for a structured settlement must have a current rating of A or better from Best’s or a comparable rating service.

When an approved settlement agreement involves a structured settlement, the company providing the annuity must be one that holds a current rating of “A” or better by Best’s Insurance Guide or other comparable rating service.

WARNING

Applies to

Proposed order

The preparer’s name, address, and phone number must appear at the lower left of the order’s last page; agreed orders should be labeled as agreed.

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. An agreed order should be so designated.

WARNING

Applies to

Objection

The objection must state specific reasons for opposing extended media coverage of the witness’s testimony.

I object to extended media coverage of my testimony for the following reasons (please be specific):

WARNING

Applies to

Petition for distribution

When the stated small-estate conditions are met, an application for distribution without further administration may be filed by the specified guardian, spouse, responsible relative, parent, or person standing in loco parentis, depending on the ward’s status.

If the value of a ward’s estate is or becomes less than the small estate amount specified in section 25-2 of the Act and no part of the estate consists of real estate or a pending cause of action for personal injuries, a petition may be filed requesting the distribution of the estate without further administration. In the case of a disabled adult, application shall be made by his or her guardian or spouse, or if he or she has no spouse, by a relative having responsibility for his or her support. In the case of a minor, application shall be made by the guardian, a parent, or a person standing in loco parentis.

WARNING

Applies to

Showing

For a qualifying minor’s all-cash share when no guardian has been appointed, the Court may direct deposit and payment under the cited statute upon a sworn showing that doing so is in the minor’s best interest.

If a minor is entitled to a distributive share of a decedent’s estate and the share consists entirely of money and no guardian has been appointed for his or her estate, the Court on a showing under oath that it is in the minor’s best interest may direct that the distributive share be deposited and paid in accordance with section 22-21 of the Act.

WARNING

Applies to

Petition to withdraw

The Court may require the petitioner to provide evidence that the requested funds are necessary for the ward’s or the ward’s dependents’ benefit.

The Court may require the petitioner to furnish evidence that the sums to be withdrawn are necessary for the ward’s comfort, education, or other benefit to the ward or his or her dependents.

WARNING

Applies to

Written order

An agreed order should be identified as an agreed order.

An agreed order should be so designated.

INFO

Applies to

Settlement petition

A current medical certificate or attending physician's letter is not required with the petition unless the Court requests it.

The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support;

INFO

Applies to

Exhibits

When practicable, a list of exhibits should be provided to the Court, opposing counsel, and any opposing SRL by the beginning of the hearing.

When practicable, a list of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

INFO

Applies to

Motion to continue

The Court may require affidavits from the parties and attorneys in connection with a motion to continue.

The Court may require affidavits of the parties and attorneys.

INFO

Applies to

Proof of damages

In a default matter, damages may be proved by a verified complaint, affidavit, sworn testimony, or other proof the Court considers sufficient.

When a defendant is in default or found in default under Rule 5.2(a)(1), proof of damages may be made by a verified complaint, affidavit, sworn witness testimony, or other proof the Court deems sufficient.

INFO

Applies to

Transcript request

A transcript request may be made using a Transcript Request Form available in the court reporter’s office.

A request for a transcript from either the electronic recording system or a court reporter may be obtained by completing a Transcript Request Form, available in the court reporter’s office.

INFO

Applies to

Financial affidavit

A party need not file another financial affidavit before the permanent-relief hearing if an affidavit was filed for temporary relief and no substantial change has occurred.

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.

INFO

Applies to

Discovery receipt

The disclosing attorney or self-represented litigant should prepare a receipt or acknowledgment for the recipient to sign, identifying the materials supplied or exhibited.

the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

INFO

Applies to

Exhibits

When practicable, copies of exhibits should be provided to the Court, opposing counsel, and any opposing SRL by the time the exhibit is offered in evidence.

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than when the exhibit is offered in evidence.

INFO

Applies to

Claim

When mailing or delivery is waived and the claim is consented to in writing, the Clerk must notify the Court and enter judgment for the claimed amount.

If mailing or delivery of the claim is waived and the claim is consented to in writing, the Clerk shall notify the Court and enter judgment for the amount claimed.

INFO

Applies to

Exhibits

Unless use of an exhibit was not reasonably anticipated, counsel and SRLs should make their own copies of exhibits.

Unless use of an exhibit was not reasonably anticipated, counsel and SRLs should make their own copies of exhibits.