16th Judicial Circuit Court, Kane County Document Filing Requirements

Applies to

Notice of motion

Notice of motion hearing must include judge, title, case number, date, time, courtroom; copy of motion, papers, and proof of service served with notice.

Written notice of hearing of a motion shall be given by the party requesting the hearing to all attorneys or self-represented parties who have appeared and have not been held in default for failure to plead. The notice of hearing shall designate the judge to whom the motion will be presented, the title and case number of the action, the date, time, and courtroom in which the motion will be presented. A copy of the motion, any papers to be presented with the motion and proof of service shall be served with the notice.

Applies to

Motion for physician expert fees

Motions seeking physician or expert witness fee rulings must set forth five specified categories of information under oath or verification.

In the instance of a conflict concerning reasonable compensation of a physician required to attend a deposition pursuant to Supreme Court Rule 204(c). or concerning the reasonable fee of an expert witness subpoenaed to appear at trial pursuant to the 735 ILCS 5/2-1101, a motion seeking a ruling on the reasonable compensation and response thereto will set forth under oath or verification to the extent known as to the following: ( 1 ) The ordinary charges of the physician or expert for services rendered in his or her daily profession; ( 2 ) The usual and customary charges of physicians or experts (with similar credentials) in the area; ( 3 ) The level of skill possessed by the physician or expert as well as the time and effort expended and to be expended in the matter at issue; ( 4 ) The hardship, if any, of advancing the compensation or fee or of testifying prior to receiving the compensation or fee; and ( 5 ) Other relevant facts

Applies to

Final pre trial conference documents

In civil jury cases, specified motions and documents must be presented in writing at the final pre-trial conference.

In all civil jury cases the Court will conduct a final pre-trial conference, typically scheduled for the week before jury selection commences, in order to review, hear and rule upon issues pertaining to the following motions, pleadings and documents which must be presented in writing, at said conference: (1) Routine Motions in Limine. These are to be commonplace or typical motions. Any motions in limine requiring examination of documents, affidavits or depositions, or involving issues requiring briefing, shall be filed, served, and scheduled so as to be heard by the Court no less than thirty (30) days in advance of trial. (2) Statements of the Case. The plaintiff’s attorney and any other counsel, who desires, will prepare and submit to the Court and to each opposing party a Statement of the Case for use at voir dire. The statement will include the time, date, and location of the alleged transaction or occurrence giving rise to the lawsuit; a brief description of the alleged transaction or occurrence; the name and city of residence (or business) of each of the parties involved and of their attorneys; and a list of the names and residences of witnesses whom the parties intend to call. (3) Suggested voir dire questions. Questions to be asked by the court during voir dire may include, but are not limited to, topics or questions pertaining to unconventional or sensitive matters. (4) Proposed jury instructions. (5) Stipulations for use at trial must be signed by the parties or their attorneys and filed in the cause unless the Court directs otherwise. (6) Objections made in evidence depositions for ruling by the Court, unless previously heard. (7) Pre-marked exhibits which may be offered in evidence.

Applies to

Notice of hearing

Notices of hearing for citations to discover assets, rules to show cause, and hearings with possible body attachment must include a bold warning about failure to appear.

Notices of hearings on citations to discover assets, rules to show cause, and any other hearing where a writ or order of body attachment or warrant of arrest may be issued 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 warning and notice in bold type: "NOTICE: IF YOU FAIL TO APPEAR BEFORE THE COURT AT THE TIME AND PLACE SET FORTH ABOVE, YOU MAY BE TAKEN INTO CUSTODY AND HELD IN JAIL WITHOUT FURTHER NOTICE"

Applies to

Order for body attachment

Orders for body attachment must include a physical description of the person and total judgment plus costs owed, unless an affidavit shows lack of knowledge.

Except upon affidavit showing lack of knowledge of the description of the physical person sought to be attached, no orders for body attachment shall issue unless a physical description of the body is provided in the appropriate space on the order. The order shall also contain notation as to the total amount of judgment plus court costs presently owed by the judgment debtor.

Applies to

Voucher

A minor's settlement proceeds must be deposited in a restricted, court-approved account, and the personal representative's voucher must contain specified language barring withdrawals until the minor attains majority absent a court order.

Any proceeds due a minor from a settlement approved hereunder shall be deposited in a restricted account in an institution approved by the Court and the voucher secured by the personal representative must contain language substantially as follows: “No withdrawals, expenditures or transfers shall be made of these monies at any time prior to (insert the date that the minor attains majority) unless same has been authorized by order of Court”.

Applies to

Verified petition

Verified petition for settlement approval must include enumerated items such as petitioner identification, claim description, injuries, parties, insurance, expenses, attorney opinion, medical report, and deposit location.

The Verified Petition must contain, if known, the following: ( 1 ) The Petitioner’s name, address and relationship to the minor, ward or disabled person; ( 2 ) A brief description of the occurrence giving rise to the claim; ( 3 ) A brief description of the injuries, damages, or relief claimed; ( 4 ) The name and address of each entity against whom the claim has been asserted; ( 5 ) The name and address of each liability insurance carrier, if any, affording coverage to any of the entities named above and the coverage limits; ( 6 ) A list of bills, expenses, and liabilities incurred as a result of the occurrence; ( 7 ) A statement or report of the attorney for petitioner, stating that in the attorney’s opinion, based upon the facts and the law, the proposed settlement is fair, is recommended and should be approved; ( 8 ) Where appropriate, a current medical report executed by the attending physician stating the nature and extent of the injuries and the current condition of the minor, ward or disabled person in regards to those injuries and prognosis; ( 9 ) The proposed place where any portion of settlement funds due to the minor, ward or disabled person is to be deposited.

Applies to

Attorney fee statement

Attorney fees require a separate sworn statement itemizing hours, work, and hourly rates.

(a) Attorney fees will not be awarded or approved unless the attorney representing the claim of the minor, ward or disabled person sets forth in a separate sworn statement the following: ( 1 ) An itemization of the hours expended, the work performed, and the hourly rates charged;

Applies to

Fee report

When settlement fees are based on a contingent fee agreement, the fee report must include an account of work performed, the result realized, a copy of the fee agreement, and a statement justifying any amount exceeding 25% of the gross settlement.

( 2 ) If the fees sought are based upon a contingent fee agreement, an account of the work performed, the result realized (with a copy of the fee agreement and a statement justifying any amount in excess of twenty-five percent (25%) of the gross settlement amount).

Applies to

Settlement order

Attorney compensation is capped at one-third of the settlement for a trial-court disposition by settlement or trial, and at one-half of the recovery if an appeal is perfected.

Attorney’s compensation shall not exceed one-third of the settlement if the case is disposed of in the trial court by settlement or trial. If an appeal is perfected, the compensation paid to the attorney shall not in any event exceed one-half of the recovery.

Applies to

Settlement order

The order approving a ward's settlement must include a statement of distribution of funds, a deposit location, a voucher filing date, guardian appointment for lump sum settlements, guardian oath and bond, annuity company approval with an 'A' or better rating for structured settlements, and a restriction on minor's funds until majority for structured settlements.

The order approving settlement, in addition to other provisions appropriate to the specific case, will require the following: ( 1 ) A statement of distribution of settlement funds; ( 2 ) A designation of the place where those funds due the minor, ward or disabled person will be deposited; ( 3 ) A date for filing of vouchers signed by the recipient of any portion of the settlement funds; ( 4 ) In the case of a lump sum settlement the appointment of a guardian of the estate of the minor, ward or disabled person (if none have been previously appointed) for the sole purpose of receiving the proceeds of the settlement, distributing same and filing vouchers demonstrating the distribution; ( 5 ) The approval of an oath and bond to be filed by the above referenced guardian; ( 6 ) In the case of a structured settlement, the approval of the company providing the annuity, which must have a rating of “A” or better by the Best Insurance Guide, or other rating service found acceptable by the Court. ( 7 ) In the case of a structured settlement where annuity payments are payable to a minor before the age of majority, a requirement that the funds be paid to the estate of the minor and shall not be withdrawn, expended or transferred until the minor attains majority unless by order of the Court.

Applies to

Settlement order

If a surety waiver on the guardian's bond is granted, the attorney must deposit and disburse settlement funds per the order and present proof, and the approval order must expressly state this responsibility.

In the event a waiver of surety on the bond of the guardian of the estate appointed hereunder is sought and granted, it shall become the personal responsibility of the attorney seeking entry of a settlement order to deposit and disburse the funds in accordance with the order and to present proof of the same. The order approving the settlement shall expressly state this responsibility.

Applies to

Withdrawal petition

A petition to withdraw a minor's restricted funds before majority must be in writing and state the current account amount, the minor's annual income, the amount and purpose of the proposed withdrawal, and the dates, amounts, and purposes of any prior withdrawals.

A petition or motion for withdrawal from a restricted account as provided above, prior to the minor reaching the age of majority, shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual amount of income available to the minor, the amount and purpose of the proposed withdrawal, and the date(s), amount(s), and purpose(s) of any previous withdrawal(s) from the account.

Applies to

New case information sheet

Parties commencing an action via physical hard copy must complete a New Case Information Sheet.

In furtherance of an expeditious case processing flow, each party commencing an action or proceeding in the conventional manner (physical hard copy), shall complete a New Case Information Sheet.

Applies to

Pleading

All pleadings, appearances, subsequent papers/orders must include attorney/party contact info and ARDC number.

The first pleading and/or appearance and all subsequent papers and orders shall contain the name, address, telephone number, fax number and email address of the attorney (or party if self-represented) filing said paper, and any other information as required by Supreme Court Rule. The attorney shall also include his or her attorney registration number issued by the Attorney Registration and Disciplinary Commission (ARDC).

Applies to

Motion to withdraw

Attorney of record leaving firm must file motion to withdraw; new attorney must file appearance form.

If an attorney of record is no longer with the firm, the attorney of record shall file a motion to withdraw, and the new attorney to appear on the case shall file an appearance form.

Applies to

Mediation agreement

Must include

signature block

Mediation agreements must be signed by all parties and their counsel before submission to the Court for approval.

If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Program shall submit it to the Court for approval.

Applies to

Claim

Claims based on written instruments must include a copy of the instrument.

A claim based upon a written instrument shall be accompanied by a copy of the instrument.

Applies to

Verified petition heirship declaration

Verified petition for heirship declaration must include petitioner/attorney details, decedent information, heir details, and facts establishing heirship.

When no petition for admission of a will to probate or for letters of administration is pending, a person seeking to obtain an order declaring heirship for a decedent shall file a verified petition which shall include: (1) The name and address of petitioner and his/her attorney; (2) The name and place of residence of the decedent at the time of death; (3) The date and place of death; and (4) Sufficient facts to establish the identification of the decedent’s heirs; and (5) The name and last known address of each of the heirs and whether an heir is a minor or a disabled person.

Applies to

Petition for admission of will probate

Petition for admission of will to probate must include a facsimile of the will and an affidavit confirming the facsimile is accurate.

With a petition for admission of a will to probate, petitioner shall file a facsimile which accurately and permanently reproduces the will, and an affidavit of petitioner or his attorney that the facsimile is a copy of the will to be admitted.

Applies to

Petition for probate handwritten will

Petition for probate of handwritten will must include facsimile, typewritten copy, and affidavit confirming typewritten copy accuracy.

With a petition for probate of a handwritten will, in addition to a facsimile thereof, petitioner shall file a typewritten copy of the will, and an affidavit of the petitioner or his/her attorney that to the best of his/her knowledge the typewritten copy is correct.

Applies to

Petition for probate foreign language will

Petition for probate of non-English will must include facsimile and certified translation by qualified translator.

With a petition for probate of a will in a language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

Applies to

Testimony transcript will admission hearing

Testimony from will admission hearing must be reduced to writing, certified by court, and filed with Circuit Court Clerk; no testimony required if will admitted via attestation clause or affidavit per 755 ILCS 5/6-4.

Testimony recorded at the hearing on the admission of a will to probate shall be reduced to writing, certified by the Court and filed with the Circuit Court Clerk. No testimony need be given when a will is admitted by attestation clause or affidavit in accordance with 755 ILCS 5/6-4.

Applies to

Representative bond

Representative's bond must include full names of principals/sureties in body and signatures, signatures by mark must be witnessed, and bond must be acknowledged per 765 ILCS 30/1.

The name of each principal and individual surety must be written in full in the body of the bond of a representative and in the signatures of the bond. When the signature is by mark, it must be witnessed by a person not a party to the bond. The bond shall be acknowledged in accordance with the Illinois Uniform Recognition of Acknowledgements Act 765 ILCS 30/1.

Applies to

Corporate surety bond

Corporate surety bonds require certified copy of surety's state authority on file with clerk and verified power of attorney attached to bond.

Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety’s authority to transact business in the State, as issued by the Director of Insurance, is on file with the Circuit Court Clerk and verified power of attorney or certificated of authority for all persons authorized to execute bonds for the surety is attached to the bond.

Applies to

Inventory

Filed inventory must be verified and include statements of cash, real/personal property, encumbrances, values, income, and bond details.

An inventory that is required to be filed with the court shall be verified and shall include: (1) A statement of the amount of money on hand; (2) A description of each parcel of real estate; (3) A detailed description of each item of personal estate; (4) A brief description of any encumbrance which affects an item and the current balance due on the encumbrance; (5) A statement of the approximate total value of the personal estate at the date of death; (6) A statement of the approximate annual income from real estate that is in the representative’s possession; and (7) A statement of the amount of the representative’s bond then in force, and whether surety, surety waived, corporate or individual.

Applies to

Final account

Final account approval requires exhibiting clerk receipts for costs, clerk certificate on claims, claimant receipts, and tax payment evidence.

No final account of any estate shall be approved unless as exhibited to the Court: (1) The receipt of the Clerk for final court costs; (2) The certificate of the Clerk that all claims filed have been allowed or dismissed and listing claims allowed and not yet shown paid of record; (3) The receipts of claimants showing paid claims which were allowed and not paid of record, unless there is a finding of insolvency; and (4) The evidence that Federal Estate Taxes and/or Illinois Estate Taxes, if any, have been paid or are otherwise provided for.

Applies to

Affidavit unknown heir residence

Affidavit confirming unknown heir's residence after due diligence must be filed with Circuit Court Clerk.

Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, an affidavit to that effect shall be filed with the Circuit Court Clerk by said executor or administrator.

Applies to

Final account

Final account must include summary of completed procedural and administrative duties to authorize distribution and closing.

Final distribution and closing of the estate will not be authorized unless the legal representative shall report as part of the final account, or by separate document, a summary showing that all procedural and administrative duties have been completed.

Applies to

Power of attorney

Powers of attorney and assignment instruments must be executed and acknowledged per Illinois Uniform Recognition of Acknowledgment Act.

The power of attorney or the instrument of assignment shall be executed by the principal or the assignor, and acknowledged in accordance with the Illinois Uniform Recognition of Acknowledgment Act. 765 ILCS 30/1, et. seq.

Applies to

Notice

Must include

certificate of service

Notices under Rule 8.17 must include proof of service certification or duplicate copy with acknowledgment of receipt.

Each notice sent pursuant to this Rule shall include a provision for certification of proof of service of the notice on the intended recipient or shall be in duplicate with a provision on the extra copy that includes acknowledgment of receipt by the intended recipient.

Applies to

Fee petition

Fee petitions over $500 must be itemized and include time spent, work necessity, and fee basis.

All fee petitions in excess of $500.00 shall be made by itemized petition which includes the items in paragraph (b) above and in addition, shall include the time spent, the necessity of such work, and whether based on hourly rate or on other factors, or on a combination thereof.

Applies to

Electronic document requiring original signature

Filing party certifies original signed document exists when e-filing document requiring original signature; must maintain originals, provide for inspection within 5 business days of notice, and provide hard copy to clerk within 5 business days of request.

Anyone filing an electronic document that requires an original signature certifies by so filing, that the original signed document exists in the filing party's possession. Unless otherwise ordered by the Court, the filing party shall maintain and preserve all documents containing original signatures that are filed electronically. The filing party shall make those signed originals available for inspection by the Court, the Clerk or by other counsel, or pro se party in the case, upon five (5) business day notice. At any time, the clerk may request from the filing party a hard copy of an electronically filed document which shall be provided within five (5) business days upon reasonable notice.

Applies to

Document with non electronic signers

Original signatures required for non-electronic filers before filing; document must list non-registered signatories; retain original until 1 year after judgment final.

Original signatures of all non-electronic filers must be obtained before filing the document. The document must indicate the identity of each non-registered signatory. The filing party must retain the original document until one (1) year after the date that the judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review.

Applies to

Electronically filed pleading or document

Must include

case number

E-filed pleadings must include case title, case number, and nature of filing; formatted per paper pleading rules.

All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper document pleadings. Additionally, each electronically filed pleading and document shall include the case title, case number and the nature of the filing.

Applies to

Electronically filed document

E-filed documents must include filer's typed name, email, address, phone number; attorneys must include ARDC Attorney Number.

Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro se party filing such document. Attorneys shall include their Attorney Number issued by the Attorney Registration and Disciplinary Commission on all documents.

Applies to

Appearance

Attorneys for Children, GALs, and Child's Representatives must file an appearance upon retention.

The Attorney for the Child, GAL or Child's Representative shall, upon retention, file an appearance.

Applies to

Proof of licensure

Approved 604.10(b) Evaluators must provide annual proof of licensure and insurance by January 31 each year.

Each approved Evaluator must send proof of current licensure, current professional liability insurance and any change of address in a timely fashion, and provide annual proof not later than January 31st of the year in question of current licensure and professional liability insurance.

Applies to

Mediator report

Mediator's report must be signed and designate agreement type.

The report shall be signed by the mediator and shall designate: 'Full Agreement', 'Partial Agreement', or 'No Agreement'.

Applies to

Mediation summary

Each party must submit a written summary to the mediator at least 10 days before mediation, including specified content.

Not less than ten (10) days prior to the mediation conference, each party shall present the mediator with a brief written summary of the case containing a list of all pending and resolved claims and all issues to be addressed in mediation. Any party who wishes all or part of their summary contents to remain confidential shall inform the mediator, in writing, at the time the summary is submitted and shall clearly mark the submission or parts thereof as confidential. The summary details may be subject to further discovery, depending on the progress of the case, but if available shall include the following information: (1) The names of all mediation participants; (2) The facts of the occurrence; (3) Opinions of liability; (4) All injury and damage information; and (5) Any pending offers or demands toward settlement

Applies to

Mediation report

The mediator must submit a mediation report to the Court after each session, indicating attendance, agreement status, and reasons if mediation did not occur.

A mediation report shall be completed by the mediator at the end of each mediation session and submitted to the Court. The report shall also inform the Court if an ordered party failed to appear. Additionally, the report shall indicate whether the mediation parties reached a full agreement, partial agreement, or no agreement. Any agreement shall be reduced to writing and shall be attached to the mediation report. If the mediation does not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated among the parties in attendance, and whether the case has been or shall be reset for mediation. If, after the initial meeting, it was determined that the case is not suitable for mediation at the time, the report will so indicate.

Applies to

Memorandum of agreement

Any executed Memorandum of Agreement must be tendered to the Court for approval to become enforceable.

If an agreement is reached, the mediator shall assist the mediation parties in memorializing their agreement. Any executed Memorandum of Agreement will be tendered to the Court for approval. If the Court approves and enters the Memorandum of Agreement, it is fully enforceable by the Court.