Circuit Court of Johnson County, Illinois (1st Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Proposed order

Attorney-submitted proposed orders must include the submitting attorney’s or law firm’s name, address, phone number, and attorney registration number on the bottom left of the last page.

All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.

CRITICAL

Applies to

Criminal proceeding record

In criminal proceedings, the defendant has a constitutional right to be present in court at every stage in the proceedings. The judge should make a record at the beginning of the proceeding and inquire whether he defendant is aware of his or her right to be physically present in court and whether he or she is waiving that right.

In criminal proceedings, the defendant has a constitutional right to be present in court at every stage in the proceedings. The judge should make a record at the beginning of the proceeding and inquire whether he defendant is aware of his or her right to be physically present in court and whether he or she is waiving that right.

CRITICAL

Applies to

Summons notice or court order

Summonses, notices, and court orders setting dates with a remote appearance option must include the Zoom Meeting ID and password, courthouse address, and courtroom number.

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.

CRITICAL

Applies to

Motion

Every pre-trial and post-trial motion must be in writing.

Every pre-trial and post-trial motion shall be in writing

CRITICAL

Applies to

Motion

Each pre-trial and post-trial motion must state its factual and legal basis.

Each such motion shall specifically set forth its factual and legal basis.

CRITICAL

Applies to

Motion

Each pre-trial and post-trial motion must contain or be accompanied by a concise statement citing any legal authority the movant wishes the court to consider.

Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

CRITICAL

Applies to

Pleading

The clerk shall refuse to file any pleading which is not signed

The clerk shall refuse to file any pleading which is not signed

CRITICAL

Applies to

Motion

Must include

proposed order

Every ex parte or emergency motion and every motion under a stipulation for an agreed order must include a proposed order.

Every such motion shall be accompanied by a proposed order.

CRITICAL

Applies to

Motion

A continuance motion in a case pending more than 24 months or with trial set to begin within 48 hours must be personally signed by the requesting attorney’s client, unless the judge finds good cause for the missing signature.

In any case which has been pending for more than 24 months, and in any case in which trial is set to commence within 48 hours, any motion for continuance shall be personally signed by the party whose attorney is requesting the continuance, unless the judge is satisfied that good cause for the absence of the party’s signature has been shown.

CRITICAL

Applies to

Summons

In small-claim cases, the summons’s Notice to Defendants must set out the text of Rule 3.1.

In small claim cases, the "Notice to Defendants" required on the summons by Supreme Court Rule 101(b)(1) shall set out the text of Rule 3.1.

CRITICAL

Applies to

Petition for order to show cause

A petition initiating indirect civil contempt must be verified and specifically identify the violated order provision, the violation, and the acts required to purge contempt.

A proceeding for indirect civil contempt may be initiated by the filing of a petition for order to show cause why the respondent should not be held in contempt. The petition shall be verified and set forth with particularity that portion of the order that is alleged to have been violated, the nature of the violation, and the acts required of the respondent to purge the contempt.

CRITICAL

Applies to

Contempt notice and financial affidavit

Before imposing sanctions against a pro se litigant in the specified cases, the court must determine willfulness and provide a contempt notice and an opportunity to complete a Chief Judge-approved financial affidavit.

In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.

CRITICAL

Applies to

Civil contempt judgment

After civil contempt is adjudicated, a written judgment must be promptly prepared and filed specifying the contemptuous conduct, sanctions, and means to purge the contempt.

Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.

CRITICAL

Applies to

Attorney fee petition

Before approving attorney’s fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition covering the employment terms, services, customary charges, and relevant special circumstances.

Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.

CRITICAL

Applies to

Discovery compliance certificate

Counsel must file a certificate confirming compliance with discovery orders.

Counsel shall file a certificate of compliance with discovery orders.

CRITICAL

Applies to

Mediation report

The required report must describe the progress of mediation in general terms.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Mediation report

The mediation report must state which issues were resolved or that mediation concluded unsuccessfully, and must not state why the parties could not reach agreement.

Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Final mediation report

If the mediator has the stated concerns about a minor, the final report must recommend appointing a child representative or guardian ad litem.

If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.

CRITICAL

Applies to

Attorney appointment application

Attorneys seeking appointment in the specified matters must apply in writing to the Chief Judge and state all qualifications required by the rule.

Attorneys seeking appointment in child custody, allocation of parental responsibilities, visitation, and parenting time shall apply in writing to the Chief Judge of the circuit. The application shall set forth all qualifications as set forth herein.

CRITICAL

Applies to

Mediator report

The mediator’s written report must state whether the parties reached an agreement, designate the applicable agreement status, and be signed by the mediator.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties or their agents before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.

CRITICAL

Applies to

Mediator report

If the parties reach a full agreement, the mediator’s report must say so and identify who will complete and submit the documents needed to conclude the agreement.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

CRITICAL

Applies to

Mediator report

If the parties reach a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit documents for the resolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

CRITICAL

Applies to

Mediator report

If no agreement is reached, the mediator must report that outcome without comment or recommendation.

If no agreement is reached, the mediator shall so report without comment or recommendation.

CRITICAL

Applies to

Certification for exemption from e filing

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

CRITICAL

Applies to

Filed document

A filed document must bear the clerk's electronic file mark identifying the court, clerk, filing date, and filing time.

The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the court, the clerk, the date, and the time of filing.

CRITICALCriminal cases

Applies to

Hearing record

A record must be made of every pretrial detention hearing and pretrial release hearing in accordance with Illinois Supreme Court Rule 46.

A record of all pretrial detention hearings or hearings regarding pretrial release shall be made as provided under Illinois Supreme Court Rule 46.

CRITICAL

Applies to

Pleading

Pleadings must accurately state that the Williamson County Circuit Clerk will conduct the mortgage foreclosure sale.

All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.

WARNING

Applies to

Motion

A party wishing to present testimony or other evidence where authorized by law should indicate that in the motion or answering memorandum.

any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum.

WARNING

Applies to

Court order

Judges decide whether good cause is shown; a denial must state specific reasons and order the litigant to e-file thereafter.

Judges retain discretion to determine whether good cause is shown. If the court determines that good cause is not shown, the court shall enter an order to that effect stating the specific reasons for the determination and ordering the litigant to e-file thereafter.