21st Judicial Circuit Court, Kankakee County, Illinois Document Filing Requirements

CRITICAL

Applies to

Mediator report

The mediator must submit a report containing the information required by Rule 9.7 to the Court and the parties or their counsel by the 45-day mediation status date.

The mediator shall submit a Mediator Report to the Court and the parties or counsel of record including the information required by Rule 9.7 on or before the 45-day mediation status date.

CRITICAL

Applies to

Grievance appeal response

The Chief Judge's final resolution of an appeal must be in writing.

Within fourteen (14) days after receipt of the appeal, the Chief Judge will respond in writing to the grievant with a final resolution of the grievance or complaint.

CRITICAL

Applies to

Mediator final report

When mediation is terminated or suspended, the mediator must timely file a Final Report notifying the court and stating the termination or suspension date.

If the mediation is terminated or suspended, the mediator shall timely notify the court by filing a Mediator’s Final Report indicating the date the Mediator terminated or suspended the mediation.

CRITICAL

Applies to

Accommodation request

Requests shall be made in writing on forms provided by the Court.

Requests shall be made in writing on forms provided by the Court.

CRITICAL

Applies to

Appeal

An appeal must be in writing.

Any appeal shall be in writing.

CRITICAL

Applies to

Petition for leave to settle

A petition for leave to settle the specified personal-injury or wrongful-death claims must include a written attorney certification with the stated opinion.

A petition for leave to settle a cause of action for a ward’s or decedent’s personal injuries or to settle a cause of action for wrongful death of a person whose estate is in administration filed by an attorney or a representative shall contain a written attorney certification stating “it is the attorney’s opinion, based upon the facts and law, the proposed settlement is just and proper.”

CRITICAL

Applies to

Written notice

A written notice contesting the claim must include the case caption and number, the defendant’s contact information, and the name and address of the plaintiff and/or plaintiff’s attorney.

The notice shall include case caption, case number, defendant’s name, address, telephone number, e-mail address, and the name and address of the plaintiff and/or plaintiff’s attorney;

CRITICAL

Applies to

Petition to withdraw ward funds

Evidence must be presented showing that the withdrawal or sale or redemption proceeds are necessary for the ward's or the ward's dependents' specified benefit.

Evidence shall be presented the withdrawal and/or proceeds from a sale or redemption are necessary for the ward’s support, comfort, education, or other benefit to the ward or the ward’s dependents.

CRITICAL

Applies to

Mediator final report

When mediation is court ordered or stipulated, the mediator must file the approved, signed Mediator Final Report indicating full, partial, or no agreement.

The mediator shall file a Mediator Final Report using the approved form. https://www.k3county.net/circuitclerk_files.html. K. This report shall be filed in cases where mediation is court ordered or stipulated to by the parties. The mediator shall sign the report and indicate: full agreement, partial agreement, or no agreement.

CRITICAL

Applies to

Petition for probate

The petition for probate of a non-English will must include a qualified translator's certification that the translation is true and correct.

A certification by a qualified translator certifying the translated transcription is true and correct.

CRITICAL

Applies to

Accommodation request

Requests shall be made in writing on forms provided by the Court.

Requests shall be made in writing on forms provided by the Court.

CRITICAL

Applies to

Judgment order

Parties must submit a written Judgment Order in court or within 30 days of an uncontested prove-up hearing.

Parties shall submit a written Judgment Order in court or within 30-days of any uncontested prove up hearing.

CRITICAL

Applies to

Motion to defer mediation

A Motion to Defer must be set for hearing before the scheduled mediation, notice of hearing must be given to all interested parties including the mediator, and the motion must state supporting details, facts, and circumstances; mediation is tolled until the motion is disposed.

Movant shall set the Motion to Defer for hearing prior to the scheduled mediation and give Notice of Hearing to all interested parties including the mediator. The motion shall state supporting details, facts, and circumstances for deferral and mediation shall be tolled until the motion is disposed.

CRITICAL

Applies to

Petition for probate

The petition for probate of a handwritten will must include an affidavit by the petitioner or attorney verifying the transcription's accuracy to the best of their knowledge.

An affidavit of the petitioner or attorney verifying the typewritten transcription of the holographic will is true and correct to the best of their knowledge.

CRITICAL

Applies to

Petition to withdraw ward funds

A petition to withdraw ward funds must be presented in person by one of the listed persons unless the court waives personal presentation.

A petition to withdraw funds deposited or invested, pursuant to 755 ILCS 5/24-21 of the Illinois Probate Act or these rules, shall be presented in person by the parent, spouse, person standing in loco parentis, or person with custodial responsibility of the ward, unless the court waives personal presentation.

CRITICAL

Applies to

Pretrial submission

Pretrial submissions must include the financial affidavit on file, an updated current financial affidavit, and a proposed parenting plan.

A. Pre-Trial Submissions: 1. A copy of the Financial Affidavit on file with the Court; 2. An updated current Financial Affidavit; and 3. A copy of a Proposed Parenting Plan.

CRITICAL

Applies to

Grievance response

The CDC's grievance response must be written and, where appropriate, in a format accessible to the grievant.

Within seven (7) days after the meeting or within fourteen (14) days after receipt of the complaint if there is not meeting, the CDC shall respond in writing, and, where appropriate, in a format accessible to the grievant.

CRITICAL

Applies to

Proof of insurance

Proof of insurance must show the coverage dates and vehicle make and year, cover the arrest date for dismissal, and may be brought by the defendant or someone on the defendant’s behalf; application and cancellation documents are not accepted.

The document shall show the dates of coverage and identify the make and year of the covered vehicle. The coverage period shall include the date of the arrest on the ticket for a dismissal to occur. Application documents or cancellation documents shall not be accepted. The required documents may be brought in by Defendant or someone on behalf of Defendant.

CRITICAL

Applies to

Extension order

An order granting an accounting extension must set a definite accounting date.

If extension is granted, the order shall set a definite date for accounting.

CRITICAL

Applies to

Post mediation judgment order or agreed order

Counsel or the parties must present the mediation agreement to the court as a judgment order or agreed order.

Mediation agreements shall be presented by counsel or the parties to the court as a judgment order or agreed order within 30-days of the filing date of the Mediator’s Final Report.

CRITICAL

Applies to

Final mediation report

These contested matters may not be set for hearing until mediation is completed and a Final Mediation Report is filed, unless the court determines mediation is inappropriate.

Contested matters involving allocation of parental responsibilities, parenting time, and/or removal/relocation shall not be set for hearing until mediation is completed and a Final Mediation Report is filed unless the court determined mediation was not appropriate.

CRITICAL

Applies to

Application for approved attorney list

An attorney seeking placement on the list must submit a notarized and sworn application and meet the 21st Judicial Circuit’s minimum requirements.

An attorney shall complete a notarized and sworn application and meet the minimum requirements of the 21st Judicial Circuit to be on the list.

CRITICAL

Applies to

Notice of hearing

A copy of the account must be attached to the notice sent to other persons entitled to notice.

The notice with a copy of the account attached delivered in person, sent by U.S. mail, or e-mailed to the last known address or e-mail address

CRITICAL

Applies to

Receipts

The petitioner must file receipts for all sums expended within 30 days after the withdrawal order, unless the court orders otherwise.

Within 30-days after the withdrawal order, petitioner shall file receipts for all sums expended unless the court otherwise orders.

CRITICAL

Applies to

Mediator final report

When mediation ends with a full or partial agreement, the mediator must file a Final Report.

The mediator shall file a Mediator’s Final Report when mediation is terminated with a full or partial agreement.

CRITICAL

Applies to

Final mediation report

The Final Mediation Report must state whether the parties made a good-faith mediation effort and whether they reached full, partial, or no agreement.

The Final Mediation Report shall relate whether the parties made a good faith effort to mediate their differences and whether there is a full agreement, a partial agreement, or no agreement.

CRITICAL

Applies to

First notice

The 1st Notice must explain how the defendant may participate, describe mediation and screening, and provide specified referral information.

1st Notice shall inform the defendant they may participate in the mediation program by completing the screening process either at the 1st appearance court date or prior by contacting the Mediation Program. 1st Notice shall describe mediation and the screening process and include referral information to local financial counseling services, local pro bono legal counseling services through legal aid agencies and the Kankakee County Bar Association, and local Continuum of Care services.

CRITICAL

Applies to

Mediator interim or final report

The mediator must file an Interim or Final Report with the Circuit Clerk on the 21st Judicial Circuit form within 10 days of the last mediation session.

The mediator shall file with the Circuit Clerk a Mediator’s Interim or Final Report using the 21st Judicial Circuit forms within 10-days of the last mediation session.

CRITICAL

Applies to

Motion

A written motion and hearing are required for a determination that a case is inappropriate for mediation, and the motion must include an affidavit with specific supporting facts.

A written motion and hearing are required before the court can determine a case is not appropriate for mediation. The motion shall be supported by affidavit including specific facts details why mediation is not appropriate.

CRITICAL

Applies to

Accommodation request

An accommodation request should describe the accommodation sought and the date it is needed.

The request shall be as specific as possible and include a description of the accommodation sought and the date the accommodation is needed.

CRITICAL

Applies to

Proposed order

Attorneys must submit a proposed order to the appropriate judge’s clerk by email or mail.

Attorneys shall submit a proposed Order through e-mail to the appropriate Judge's clerk, or via mail.

CRITICAL

Applies to

Accommodation request

Requests shall be made in writing on forms provided by the Court.

Requests shall be made in writing on forms provided by the Court.

CRITICAL

Applies to

Receipt

A party removing original files, documents, or exhibits must file a receipt with the Clerk.

A receipt shall be filed with the Clerk by the party removing the files, documents, or exhibits.

CRITICAL

Applies to

Grievance

A grievance must be written on the Circuit Court's form and include the filer's name and address and a brief description of the alleged violation.

A complaint shall be in writing, using the Circuit Court's grievance form, attached as Exhibit C. The grievance shall contain the name and address of the person filing the complaint, and briefly describe the alleged violation.

CRITICAL

Applies to

Grievance appeal

A grievance appeal must be in writing.

Any appeal shall be in writing.

CRITICAL

Applies to

Notice of hearing

Must include

caption, case number

A Notice of Hearing must include the case caption and number, hearing date and time, courtroom number, and a short description of the motion.

The Notice of Hearing shall contain the case caption, case number, court date, time, courtroom number, and a short description of the name and/or nature of the motion.

CRITICAL

Applies to

Petition for probate

A petition to probate a will written in a language other than English must include a typewritten English translation of the will.

When a will is in a language other than English, the petitioner shall file as part of the Petition for Probate: 1. A typewritten translated transcription of the will in English

CRITICAL

Applies to

Affidavit

An attorney seeking expense reimbursement beyond the attorney fee must file an affidavit certifying that the expenses are reasonable, necessary, and proper.

The attorney shall file an affidavit certifying the reasonableness, necessity, and propriety of any expense reimbursement beyond the attorney fee.

CRITICAL

Applies to

Mediation report

The Mediation Program must file an outcome report with the Court after each mediation session.

At the conclusion of each mediation session, the Mediation Program shall file a report with the Court indicating the outcome.

CRITICAL

Applies to

Mediation agreement

If the parties reach an agreement, the parties and any counsel must sign it, and the Mediation Program must submit it for Court approval.

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

CRITICAL

Applies to

Grievance response

The CDC’s grievance response must be in writing and, where appropriate, in a format accessible to the grievant.

the CDC shall respond in writing, and, where appropriate, in a format accessible to the grievant.

CRITICAL

Applies to

Financial affidavit

After a hearing involving financial matters, parties must submit updated or supplemented Financial Affidavits before any subsequent financial hearing; no hearing date may be set until they are filed unless the court orders otherwise.

After a pre-judgment or post-judgment hearing involving financial matters, the parties shall submit updated Financial Affidavits or supplement existing Financial Affidavits prior to any subsequent hearing involving financial matters. No hearing date shall be set until updated or supplemented Financial Affidavits are filed unless otherwise ordered by the court.

CRITICAL

Applies to

Petition for probate

A petition to probate a handwritten will must include a transcription of the will.

When a will is handwritten, the petitioner shall file as part of the Petition for Probate: 1. A typewritten transcription of the will

CRITICAL

Applies to

Proof of insurance

Only the listed forms of proof of insurance are accepted over the counter, including specified originals, copies sent directly by an insurer or agent, and electronic proof received directly from them.

Proof of Insurance accepted over the counter limited to: a. Original Illinois Insurance Card; b. Original Insurance Policy Declaration Page; c. Facsimile or E-mail pdf copy of an Original Insurance Policy Declaration Page sent directly to the Circuit Clerk’s office from an insurance agent or company stating on the date charged in the charging document the vehicle described in the charging document was insured; d. Facsimile or E-mail pdf copy of a letter sent directly to the Circuit Clerk’s office from an insurance agent or company stating on the date charged in the charging document the vehicle described in the charging document was insured. This letter shall be on official letterhead stationery; e. Electronic proof of insurance located on cell phone or portable electronic device received directly from the insurance company or insurance agent and a cell phone/electronic device permission slip shall be issued for this limited purpose.

CRITICAL

Applies to

Grievance

A grievance must be written on the court's grievance form and include the filer's name and address and a brief description of the alleged violation.

A complaint shall be in writing, using the Circuit Court’s grievance form, attached as Exhibit C. The grievance shall contain the name and address of the person filing the complaint, and briefly describe the alleged violation.

CRITICALCivil cases

Applies to

Petition

The petition must explain how the respondent’s access to firearms poses an immediate and present danger of injury.

Stage 1: Law enforcement or family/household member fills out a petition explaining how the respondent’s access to firearms poses an immediate and present danger of causing injury to themselves or others.

CRITICAL

Applies to

Final mediation report

These contested issues may not be set for hearing unless the court grants leave or the Final Mediation Report has been filed.

Contested issues of parental responsibility, parenting time, removal, relocation, or access to children shall not be set for hearing without leave of court or until the Final Mediation Report is filed.

CRITICAL

Applies to

Notice of hearing

The notice must state the hearing's time, date, place, and nature and include the specified warning in bold or underlined text.

The notice shall contain the time, date, place, and nature of the hearing stating the words in bold or underline: “If the account is approved by the judge upon hearing, in the absence of fraud, accident, or mistake, the account as approved is binding upon all persons to whom this notice is given.”

CRITICAL

Applies to

Notice of hearing

A Notice of Hearing for a renewed motion must state that the motion was previously ruled on and identify the ruling judge, ruling date, and result.

The Notice of Hearing for a renewed motion shall on its face state the motion was previously ruled, identify the judge who ruled, the date of ruling, and the state the results of the ruling.

CRITICAL

Applies to

Notice

Notices in family cases must be filed in accordance with Illinois Supreme Court Rule 11, applicable Illinois statutes, and the 21st Judicial Circuit Court Uniform Rules of Practice.

Notices shall be filed pursuant to Illinois Supreme Court Rule 11, Illinois statutory provisions, and the 21st Judicial Circuit Court Uniform Rules of Practice.