Court Rules

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

96 rules from official source documents

Rules 51 to 96, page 2 of 2

Required elements, certificates, and structural requirements for court documents.

CRITICAL

Applies to
Parenting plan

The parties must provide the court with a Parenting Plan when they have an agreement.

The parties shall provide the court with a Parenting Plan if there is an agreement.

Court-level rulesOfficial source

CRITICAL

Applies to
Motion

A motion's title must state the relief sought and cite the applicable statutory section or other authority.

The title of a motion shall indicate the relief sought and cite the statutory section or cite the authority for the relief sought.

Court-level rulesOfficial source

CRITICAL

Applies to
Filing containing personal identity information

A filing containing Social Security numbers or personal identity information must comply with the specified Illinois Supreme Court Rules and include the Notice of Confidential Information Within Court Filing.

If a document contains Social Security Numbers and/or Personal Identity Information, the filing shall conform to Illinois Supreme Court Rules 8, 15, 138, and 364 including a "Notice of Confidential Information Within Court Filing."

Court-level rulesOfficial source

CRITICAL

Applies to
Financial affidavit

A family law Financial Affidavit must include the party’s last 3 pay stubs, last 2 filed federal tax returns with W-2s, 1099s and attachments, and a described, page-counted list of other supporting documents.

Family law Financial Affidavit shall contain at a minimum: i. the party's last 3-pay stubs; ii. the party's last 2-filed federal income tax returns with W-2, 1099s, and all attachments; and iii. a list of other documents submitted in support of the Financial Affidavit describing the documents and the number of pages of each document (e.g. Hometown Bank Statement January 2021, 4 pages).

Court-level rulesOfficial source

CRITICAL

Applies to
Accommodation request response

The CDC's response to an accommodation request must be written and, where appropriate, in a format accessible to the requestor.

The CDC shall respond in writing, and, where appropriate, in a format accessible to the requestor, within seven (7) days from the date the request was received.

Court-level rulesOfficial source

CRITICAL

Applies to
Grievance

A grievance must include the filer’s name and address and briefly describe the alleged violation.

The grievance shall contain the name and address of the person filing the complaint, and briefly describe the alleged violation.

Court-level rulesOfficial source

CRITICAL

Applies to
Petition to settle

A petition to settle for a minor child or disabled adult must include an attending physician’s statement or supporting medical records describing the injury and current condition.

A statement by the attending physician or surgeon and/or supporting medical records or documentation describing the nature and extent of the injury and the current medical condition of the minor child or disabled adult must be filed as part of the petition to settle. No settlement for a minor child or disabled adult shall be approved without such statement and/or supporting medical records or documentation.

Court-level rulesOfficial source

CRITICAL

Applies to
Petition for ward estate expenditure

A petition to use a ward's estate for support, comfort, or education must state the estate's present value, the ward's available annual income, the expenditure's purpose, and all specified payments or assistance received.

A Petition to apply any part of a ward’s estate for the support, comfort, or education of the ward or other person entitled to support from the Ward’s estate shall state: 1. Present value of the estate, 2. Annual income available to the ward, 3. Purpose of the expenditure, and 4. List all payments received by the estate, ward, or guardian individually or as guardian including Social Security payments, Veteran’s Administration disability payments or other governmental payments, charitable relief or other monetary assistance, trust payments, and payments from a person obligated to support the ward including child support.

Court-level rulesOfficial source

CRITICAL

Applies to
Grievance appeal

An appeal of the CDC's decision must be in writing.

Any appeal shall be in writing.

Court-level rulesOfficial source

CRITICAL

Applies to
Case summary

Each party must submit a written case summary to the mediator at least 10 days before mediation, containing the specified participant, case, issue, opinion, and settlement information.

Each party shall submit a written case summary containing the names of all participants, a statement of facts, other occurrence facts, a list of issues, opinions on liability, damages, and injuries, and settlement offers and/or demands to the mediator at least 10-days prior to mediation.

Court-level rulesOfficial source

CRITICAL

Applies to
Grievance

A grievance complaint must be written and use the Circuit Court’s grievance form.

A complaint shall be in writing, using the Circuit Court’s grievance form, attached as Exhibit C.

Court-level rulesOfficial source

CRITICAL

Applies to
Estate closing filings

For estate closing, any necessary inventories, reports, waivers, and receipts on distribution must have been filed for the judge’s review.

When closing an estate, Judge Purcell will review the file to ensure any necessary inventories, reports, waivers, and/or receipts on distribution have been filed.

Judge Andrew J. Purcell

CRITICALCivil cases

Applies to
Affidavit

The landlord must file an affidavit to obtain permission for constructive service, including the specified facts about inability to serve personally, tenant status, and the tenant’s address or diligent inquiry into it.

Landlord must file an Affidavit to obtain permission for Constructive Service AFFIDAVIT REQUIREMENTS: • Personal service on tenant or unknown occupant could not be obtained o Include facts to support why personal service could not be obtained • Tenant’s status o Tenant is not a resident of Illinois o Tenant departed from the state o Tenant cannot be found after due inquiry OR o Tenant is concealed within the state so process cannot be served ▪ Include facts in support of Tenant status • The address of Tenant is ___ • The address of Tenant is unknown and after diligent inquiry Tenant’s address and place of residence could not be ascertained o Include facts to support diligent inquiry

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Notice

Notices must comply with Illinois Supreme Court Rule 11.

NOTICES: must comply with Illinois Supreme Court Rule 11.

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Motion for remote witness testimony

A motion, oral or written, is required for remote witness testimony.

Oral/written motions are required for remote witness testimony.

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Eviction complaint lease violation possession only

A lease-violation possession-only eviction complaint must include a 10-day notice, the written lease, and an affidavit or certification of service of the notice.

Eviction Complaint Lease Violation Possession Only $89 filing fee: • 10-day notice • Written Lease attached to complaint • an Affidavit / Certification of Service of the 10-day notice

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Case management order

Parties must use Judge Parkhurst’s Rule 218 CMO forms, and all counsel must sign the CMOs.

Parties shall use Judge Parkhurst’s Rule 218 CMOs on Kankakee County Circuit Clerk’s Website: https://kankakeecountycircuitclerk.com/ CMOs must be signed by all counsel.

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Order

Orders must identify the submitting lawyer or firm and provide its address, phone, email, and ARDC number.

Orders must contain submitting lawyer/firm name, address, phone, e-mail, and ARDC #.

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Eviction complaint rent

A rent eviction complaint must include a 5-day notice and an affidavit or certification of service of that notice.

Eviction Complaint Rent $256 Filing fee: • a 5-day notice • an Affidavit / Certification of Service of the 5-day notice

Judge Lindsay A. Parkhurst

CRITICALCivil cases

Applies to
Eviction complaint possession only

A possession-only eviction complaint must include a 30-day notice and an affidavit or certification of service of that notice.

Eviction Complaint Possession Only $89 filing fee: • 30-day notice • an Affidavit / Certification of Service of the 30-day notice

Judge Lindsay A. Parkhurst

WARNING

Applies to
Professional liability insurance proof

Attorneys on the approved list must maintain professional liability insurance and provide proof to the Court upon request.

Attorneys on the approved list shall maintain professional liability insurance coverage and shall present proof of professional liability insurance upon request to the Court.

Court-level rulesOfficial source

WARNING

Applies to
Judgment order

Evidence need not be presented for an uncontested Judgment Order if it states “Agreed Order” and is signed by both parties and/or counsel.

Evidence does not need to be presented for Judgment Orders if the matter is uncontested, the Judgment Order states “Agreed Order”, and is signed by both parties and/or counsel.

Court-level rulesOfficial source

WARNING

Applies to
Mediator report

If the mediator has the stated safety or best-interests concern, the Mediator’s Report must recommend appointing a Child Representative or Guardian Ad Litem.

If the mediator is concerned for the safety and welfare of minor children or believes the best interests of minor children require it, the mediator shall recommend in the Mediator’s Report a Child Representative or Guardian Ad Litem be appointed.

Court-level rulesOfficial source

WARNING

Applies to
Judgment order

In contested cases, the Court must designate which party is responsible for preparing the Judgment Order.

The Court shall designate which party must prepare the Judgment Order in contested cases.

Court-level rulesOfficial source

WARNING

Applies to
Court report to supreme court

The Court must submit a report to the Supreme Court quarterly or when requested, covering mediation case numbers, issues resolved, and participant satisfaction information.

A. The Court shall report to the Supreme Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, and participant satisfaction rates and survey results. The report shall be submitted quarterly or as requested by the Administrative Office of the Illinois Courts.

Court-level rulesOfficial source

WARNING

Applies to
Request for accommodation form

Send a completed accommodation request form by mail or email to the Court Disability Coordinator.

PLEASE SEND A COPY OF THE COMPLETED FORM BY MAIL TO: Court Disability Coordinator Nancy Hinton 450 E. Court Street Kankakee, IL 60901 Or e-mail to: nhinton@k3county.net

Court-level rulesOfficial source

WARNING

Applies to
Sworn testimony

When a minor's distributive share consists entirely of money and there is no guardian for the minor's estate, the court may direct deposit or payment based on sworn testimony regarding the minor's best interests.

If a minor is entitled to a distributive share of a decedent’s estate and: 1. The share consists entirely of money, and 2. There is no guardian for the minor’ s estate, the court, by sworn testimony regarding the best interests of the minor, may direct the distributive share to be deposited and/or paid out

Court-level rulesOfficial source

WARNING

Applies to
Program coordinator report to court

The Program Coordinator must submit a report to the Court quarterly or when otherwise requested by the Chief Judge, covering mediation activity, outcomes, timing, satisfaction, and program-administration issues.

B. The Program Coordinator shall report to the Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, participant satisfaction rates and survey results, the number of mediation sessions conducted, case outcomes, time from referral to resolution/return to court and a summary of noted problems relevant to the effective administration of the Program. The report shall be submitted quarterly or as otherwise requested by the Chief Judge.

Court-level rulesOfficial source

WARNING

Applies to
Pretrial memorandum

If the judge directs, the parties must submit a Pretrial Memorandum to the judge at least 3 court days before the pretrial date.

The parties shall at the judge’s discretion submit a Pretrial Memorandum to the judge and serve it to the parties at least 3-court days prior to the Pre-Trial date.

Court-level rulesOfficial source

WARNING

Applies to
Accommodation request form

The person completing the accommodation request form must print their name.

Please print name: _____

Court-level rulesOfficial source

WARNING

Applies to
Request for accommodation form

The accommodation request form must be signed to verify the information provided.

Sign to verify the foregoing information: _____

Court-level rulesOfficial source

WARNING

Applies to
Mediator list application

The Court may require an applicant for the mediator list to provide biographical or other relevant information.

The Court may require biographical or other relevant information from an applicant to determine whether the applicant may be included on the list.

Court-level rulesOfficial source

WARNING

Applies to
Accommodation request

An accommodation request should describe the requested accommodation 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.

Court-level rulesOfficial source

WARNING

Applies to
Accommodation request

An accommodation request should be as specific as possible and include 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.

Court-level rulesOfficial source

WARNING

Applies to
Grievance form

Send a completed grievance form by mail or email to the Court Disability Coordinator.

PLEASE SEND A COPY OF THE COMPLETED FORM BY MAIL TO: Court Disability Coordinator Nancy Hinton 450 E. Court Street Kankakee, IL 60901 Or e-mail to: nhinton@pslegal.org

Court-level rulesOfficial source

WARNING

Applies to
Case summary

A party wishing to keep its case summary confidential must notify the mediator in writing when submitting the summary.

If the party wishes the summary to remain confidential, the party shall advise the mediator in writing at the time the summary is submitted.

Court-level rulesOfficial source

WARNING

Applies to
Proposed administrative order

The Presiding Judge must tender each proposed Administrative Order to the Chief Judge at least 7 days before its effective date.

All proposed Administrative Orders issued by the Presiding Judge shall be tendered to the Chief Judge 7-days prior to their effective date and upon receipt, the Chief Judge may approve or withhold approval of the proposed Administrative Order within 7-days.

Court-level rulesOfficial source

WARNING

Applies to
Request for accommodation form

The accommodation request form must be signed to verify the information provided.

Sign to verify the foregoing information: _____

Court-level rulesOfficial source

WARNING

Applies to
Accommodation request form

The accommodation request form must be signed to verify the information provided.

Sign to verify the foregoing information: _____

Court-level rulesOfficial source

WARNING

Applies to
Mediation agreement written account

The mediator must provide the written account of a full or partial agreement to the parties or their attorneys, not to the court.

The mediator shall provide a written account of the full and/or partial mediation agreement to the parties and/or their attorneys. The mediator shall not provide this written account to the court.

Court-level rulesOfficial source

WARNING

Applies to
Written motion for remote witness testimony

A party seeking to present remote witness testimony should file a written motion with proper notice to the opposing party.

A party seeking to present remote witness testimony through Zoom at any contested hearing should file a written motion with the court with proper notice to the opposing party and coordinate with the Judge’s clerk, Jana Fahrow, to schedule the motion for hearing at least 7 days prior to the contest hearing date.*

Judge Andrew J. Purcell

WARNINGCivil cases

Applies to
Agreed hippa order

Agreed HIPPA orders signed by all counsel may be submitted for entry without a court date.

Agreed HIPPA orders signed by all counsel may be submitted for entry without a court date to lpcourtesy@kankakeecountyil.gov.

Judge Lindsay A. Parkhurst

INFO

Applies to
Written stipulation

Parties may file a written stipulation to mediate an issue at any time, and the stipulation is to be incorporated into the Mediation Referral Order.

Parties may file a written stipulation to mediate any issue at any time. The stipulation shall be incorporated into the Mediation Referral Order.

Court-level rulesOfficial source

INFO

Applies to
Uncontested hearing

Uncontested hearings may be noticed and heard without submitting prerequisite forms and affidavits.

Uncontested hearings may be noticed and heard without submitting prerequisite forms and affidavits.

Court-level rulesOfficial source

INFO

Applies to
Orders and bonds for court approval

After the clerk confirms that necessary documents have been filed and accepted and applicable fees have been paid, the petitioner may provide orders and bonds requiring court approval and the judge’s signature.

Once the clerk’s office has confirmed that all necessary documents have been filed and accepted, and any applicable filing fees have been paid, then the petitioner may provide Judge Purcell with any orders and bonds that require court approval and the judge’s signature.

Judge Andrew J. Purcell

INFO

Applies to
Proposed closing order

Once the judge confirms that necessary documents have been filed and requirements met, an attorney or the executor/administrator’s representative may submit a proposed closing order.

Once the judge has confirmed, the necessary documents have been filed and all requirements have been met, a proposed closing Order may be submitted by the attorney or individual representing the executor/administrator may be entered and any future dates may be stricken.

Judge Andrew J. Purcell