Circuit Court of Lawrence County, Illinois (2nd Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Written appearance

Each party or counsel must file a written appearance containing the filer’s name, address, and telephone number.

Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel.

CRITICAL

Applies to

Written appearance

A party or attorney may not address the court before filing a written appearance.

No party or attorney shall address the court before filing such written appearance.

CRITICAL

Applies to

Pro se written appearance

A written appearance without further pleading must meet Rule 5(a), be acknowledged before an authorized oath administrator with a specified acknowledgment, and, if it waives notice or consents to immediate hearing, state receipt of and attach the pleading seeking relief, unless a prescribed statutory form applies.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

CRITICAL

Applies to

Appearance

An attorney not regularly licensed in Illinois must secure an order admitting the attorney pro hac vice before filing an appearance for another party in the circuit.

Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice.

CRITICAL

Applies to

Pro hac vice admission motion

A pro hac vice admission order may be granted only on a motion made by an attorney of the court or an unrepresented party, accompanied by the applicant attorney’s affidavit in substantially the prescribed forms and disclosing the number of prior cases in the state.

The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.

CRITICAL

Applies to

Pleading or entry of appearance

Must include

caption, case number

Civil pleadings and entries of appearance must identify the circuit, county, parties and their designations, and case number.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

CRITICAL

Applies to

Notice of motion

A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state that they were previously served.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

CRITICAL

Applies to

Motion

When seeking relief concerning discovery materials, file the disputed portions with the motion.

If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.

CRITICAL

Applies to

Discovery materials

File anticipated portions of discovery materials to be used at trial or needed for a motion at the outset of trial or when filing the motion.

If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.

CRITICAL

Applies to

Discovery papers

When unrecorded discovery documentation is needed for an appeal, the necessary papers must be filed with the Clerk upon application to a court order.

When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to an order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Exhibits

Before trial or hearing, or at the final pretrial conference if held, each party must identify and mark each exhibit that may be offered.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list in substantially the required administrative-order form, identifying each exhibit by its assigned mark and a brief description.

Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit.

CRITICAL

Applies to

Exhibit list

Each party must present two copies of the exhibit list to the court at trial, hearing, or a final pretrial conference.

At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.

CRITICAL

Applies to

Order or judgment

After a ruling on a motion outside trial or a final determination, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any pro se parties, unless directed otherwise.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.

CRITICAL

Applies to

Final judgments and orders

Final judgments and orders in criminal, traffic, and juvenile cases must substantially follow the forms required by the Chief Judge’s Administrative Order.

In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.

CRITICAL

Applies to

Verified petition

Except as otherwise provided, an order to show cause for indirect civil contempt may issue only on a verified petition clearly stating its factual basis or on the complaining party’s testimony in open court.

Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court.

CRITICAL

Applies to

Verified petition

The verified petition or testimony must make at least a prima facie showing that the respondent is in contempt.

Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Objection

Objections to an order to show cause must be written, filed, and served on the other party at least 48 hours before the hearing unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

Applies to

Affidavit

In matrimonial proceedings, the moving party must prepare and file the required-form affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.

Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.

CRITICAL

Applies to

Affidavit

A party responding to a covered petition must file an affidavit in substantially the same form at a pretrial conference or at least three days before a contested hearing.

Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Mediation prerequisites

Before the initial case management conference in a case with contested qualifying issues, parties must satisfy the specified mediation prerequisites.

Prior to the initial case management conference in any case having contested qualifying issues, the parties shall comply with the mediation prerequisites of Circuit Rule 21 concerning the filing of financial affidavits, pre-mediation questionnaires and completion or scheduling of an approved parenting education program.

CRITICAL

Applies to

Settlement conference documents

Each party must file a financial affidavit and settlement conference memorandum in the prescribed substantial form at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

Applies to

Affidavit of heirship

An heirship affidavit must substantially follow the specified form and include the listed information about the decedent, family relationships, unknown heirs, and each heir's per stirpes relationship.

(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

Must include

proposed order

When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order to the Circuit Clerk reflecting the affidavit's concluding language.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Order declaring heirship

If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered.

(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.

CRITICAL

Applies to

Mediation progress report

The mediator’s pre-conference progress report must describe mediation progress 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

Intent to repudiate

An intent to repudiate must state the reasons for the request and be sent to the other party’s attorney, or to the party if unrepresented.

Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).

CRITICAL

Applies to

Mediation termination report

The termination report must use the Chief Judge’s form, include the termination date and reason and any issues resolved, and omit reasons the parties could not reach agreement.

2. After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Mediation final report

If the mediator has the stated concerns, the final report must recommend appointment of a child representative or guardian ad litem.

3. 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

Mediator report

The mediator must file a signed written report stating whether there was a full, partial, or no agreement.

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 and filed in the court file of the case under mediation within 14 days after the last day of mediation.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed 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

For a full agreement, the mediator’s report must state that a full agreement was reached and identify who will complete and submit the necessary documents.

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

For a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the necessary documents for 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 recommendations.

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

CRITICAL

Applies to

Summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices when remote appearance is an option

When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the specified courtroom, Zoom, dial-in, and courthouse information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

CRITICAL

Applies to

Summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices

Clerk-issued summonses, notices, and court-date orders must include the specified language directing participants to Rule 24 and the court’s official website.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit

Court-date documents issued by private counsel and filed in the Second Judicial Circuit must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.

CRITICAL

Applies to

Appearance

A written appearance must include the appearing party’s or counsel’s name, address, and telephone number.

Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel.

CRITICAL

Applies to

Appearance

A pro se written appearance without further pleading must be acknowledged before an authorized officer, include the officer’s statement, and attach any pleading for which notice is waived or immediate hearing is consented to, unless a prescribed statutory form applies.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

CRITICAL

Applies to

Pleading or appearance

Must include

caption, case number

In civil cases, a pleading or appearance must identify the circuit, county, parties and their designations, and case number to be accepted for filing.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

CRITICAL

Applies to

Motion hearing notice

A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state that they were previously served.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

CRITICAL

Applies to

Discovery motion

A motion seeking relief concerning specified discovery materials must be filed with copies of the disputed portions.

If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.

CRITICAL

Applies to

Exhibit list

Before trial or hearing, or at the final pretrial conference if held, parties must identify and mark potential exhibits, prepare an exhibit list with marks and descriptions, and present two copies of the list.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.

CRITICAL

Applies to

Order or judgment

Must include

proposed order

After a ruling on a motion outside trial or a final determination, the prevailing attorney must promptly prepare and present the proposed order or judgment to the court, other counsel, and pro se parties unless directed otherwise.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.

CRITICAL

Applies to

Matrimonial affidavit

In matrimonial proceedings, the moving party must prepare and file the prescribed affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.

In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.

CRITICAL

Applies to

Responsive matrimonial affidavit

The responding party must file an affidavit in substantially the same form at the pretrial conference or at least three days before a contested hearing, with proof of service.

The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Heirship affidavit

Must include

proposed order

When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.

At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Summons notice or court order setting court date

When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the listed courtroom, connection, participation, and contact information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

CRITICAL

Applies to

Summons notice or court order setting court date

Clerk-issued summonses, notices, and court-date orders must include the specified remote-appearance information language.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Summons notice or court order setting court date

Private-counsel summonses, notices, and court-date orders must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.

WARNING

Applies to

Notice of motion

Filing a hearing notice certifies compliance with the requirement to make a good-faith effort to coordinate the hearing date with the court and opposing counsel.

The filing of the notice of hearing shall constitute a certification of compliance with this rule.

WARNING

Applies to

Exhibits

Unless the court orders otherwise, plaintiffs must mark exhibits with numbers and defendants with letters.

Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.

WARNING

Applies to

Motion hearing notice

Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.

It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.

INFO

Applies to

Exhibit list

The exhibit list does not limit the exhibits that may be used; exhibits may be added before or during trial, and listed exhibits need not be offered.

The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.