16th Judicial Circuit Court, Kane County, Illinois Document Filing Requirements

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

Source text: 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.

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

Source text: 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

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

Source text: 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.

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.

Source text: 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"

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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).

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

Source text: 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.

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

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

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

Source text: 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.