15th Judicial Circuit Court, Lee County, Illinois Document Filing Requirements

CRITICAL

Applies to

Current or final report

Fees in estates of disabled persons and minors may be allowed only when current or final reports are presented for approval, unless all interested persons are competent and approve another time.

Fees shall be allowed in estates of disabled persons and minors only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance of fees at another time.

CRITICAL

Applies to

Affidavit

An attorney representing the attorney-in-fact who is not the estate’s attorney must file an affidavit agreeing to supervise distribution of the funds.

If the attorney representing the attorney-in-fact is not the attorney for the estate, he or she shall file an affidavit stating he or she will properly supervise the distribution of funds held by the attorney-in-fact.

CRITICAL

Applies to

Motion to defer mediation

A motion to defer mediation must detail the facts and circumstances supporting it.

The motion shall set forth, in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Petition for expenditure

A petition to spend a ward’s estate must state the estate’s value, the ward’s available annual income, the proposed purpose, and all listed sources of payments received by the ward or petitioner.

A petition of a guardian or conservator to apply any part of the 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 the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Trial continuance motion

A trial-continuance motion based on a conflicting setting must include an attorney affidavit identifying the other case, judge, setting details, and date set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Guardian investment petition

A petition to invest a ward’s property must identify and certify the investment category and disclose specified purchases from the guardian or the guardian’s firm.

A petition of a guardian to invest the ward’s property shall identify the category of the proposed investment pursuant to section 21-2 of the Act and certify that the proposed investment complies with the limitations applicable in that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm of which he or she is an officer or director, the petition shall so state.

CRITICAL

Applies to

Inventory

Each inventory must list, as of the specified date, known real and personal property and any cause of action on which the representative may sue.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue.

CRITICAL

Applies to

Petition for leave to receive share

The foreign representative, attorney-in-fact, or assignee must present a petition for leave to receive the share in a form acceptable to the Court.

The foreign representative, attorney-in-fact, or assignee shall present a petition for leave to receive the share in a form acceptable to the Court.

CRITICAL

Applies to

Judgment directing sale

A judgment directing a real-estate sale must designate the sheriff or a Court-approved judicial officer to conduct the sale.

All judgments directing the sale of real estate shall designate the sheriff or judicial officer approved by the Court as the officer to conduct the sale.

CRITICAL

Applies to

Hearing notice

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

A notice of the hearing on a rule to show cause shall include, in addition to the time, date, and place of hearing, the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Safety deposit box inventory

If required by the Court, the representative or guardian must open the safety deposit box in the presence of the surety or depository representative and prepare an itemized inventory.

and/or require the representative or guardian to initially open the safety deposit box in the presence of the surety or a representative of the depository and prepare an itemized inventory of the box’s contents.

CRITICAL

Applies to

Document subpoena

A subpoena return date must be at least 10 days after service, and document subpoenas must include the prescribed legend, including its mailing and certification instructions.

No subpoena may be returnable less than 10 days following its date of service. Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Inventory

Under supervised administration, a partnership-interest description must include the partnership’s name and address and, if known, the approximate value and estate interest.

A description of a partnership interest shall include the partnership name and address and the approximate value and interest of the estate, if known.

CRITICAL

Applies to

Investment petition

A guardian’s investment petition must identify the statutory investment category, certify compliance with its limits, and disclose a proposed purchase from the guardian or the guardian’s firm.

A petition of a guardian to invest the ward’s property shall identify the category of the proposed investment pursuant to section 21-2 of the Act and certify that the proposed investment complies with the limitations applicable in that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm of which he or she is an officer or director, the petition shall so state.

CRITICAL

Applies to

Hearing notice

Covered hearing notices must include the specified arrest-warrant warning, in addition to the hearing details.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which a warrant of arrest may issue 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 words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Attorney appointment application

An attorney seeking appointment in an Allocation Case must apply in writing to the Chief Judge and state the applicant’s qualifications.

Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem shall apply in writing to the Chief Judge, setting forth the applicant’s qualifications.

CRITICAL

Applies to

Hearing notice

Specified notices of hearings where arrest warrants may issue must include the exact arrest warning in bold or underlined text.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which a warrant of arrest may issue 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 words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Continuing education verification

An appointed attorney must submit continuing-education attendance verification to the Chief Judge at attendance or upon request.

Verification of attendance shall be submitted to the Chief Judge at the time of attendance or on request.

CRITICAL

Applies to

Probate petition

The petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit verifying the copy’s accuracy to the affiant’s best knowledge.

When seeking to probate a handwritten will and/or codicil, the petitioner shall file a typewritten copy of the will and/or codicil with the petition and an affidavit of the petitioner or other person typing the will and/or codicil that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Notice of hearing

A motion-hearing notice must state the action’s title and number, the expected judge, and the hearing date and time.

In the notice, the party shall provide the title and number of the action, the name of the judge expected to hear the motion, and the time and date when the motion will be presented.

CRITICAL

Applies to

Accounting

Every accounting must list all disbursements from the estate.

All accountings shall include a listing of all disbursements from the estate.

CRITICAL

Applies to

Mediator report

The mediator must file a report stating whether an agreement was reached, in whole or in part.

(j) Report of Mediator. Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

Applies to

Notice of hearing

Notice to other entitled persons must be accompanied by a copy of the account.

Notice to all other persons entitled to notice shall be given as follows: (a) notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing, except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing;

CRITICAL

Applies to

Discovery receipt

An attorney or SRL who receives or reviews disclosed materials must acknowledge doing so by signing the disclosing party's receipt.

(b) Receipt. The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

CRITICAL

Applies to

Fee petition

A fee petition must include a statement of the estate’s gross value, work completed and planned, time expended, requested fee, and expenses for which reimbursement is sought.

A petition for fees shall be accompanied by a statement briefly setting forth the gross value of the estate, a summary of the work completed and to be completed in the future, including time expended, the amount of fee requested, and the expenses advanced for which reimbursement is requested.

CRITICAL

Applies to

Probate petition

The petition to probate a will or codicil written in another language must include a typewritten English copy and a qualified translator’s certification that the translation is true and correct.

When seeking to probate a will and/or codicil that is written in a language other than English, the petitioner shall file a typewritten copy of the will and/or codicil in English with the petition and a certification by a qualified translator that the translation is true and correct.

CRITICAL

Applies to

Proposed property apportionment statement

If marital indebtedness is disputed, the statement must list each debt's creditor, marital status, amount, and due date or dates.

If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Discovery proof of service

Proof of serving or answering discovery must be filed with the Clerk and identify the discovery document, case title and number, service date, and sending and receiving parties.

Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

Applies to

Accounting extension petition

A request for an accounting extension or less frequent accountings must be made by verified petition stating the reasons.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request.

CRITICAL

Applies to

Mediation case summary

Each party must provide the mediator a written case summary by the stated deadline, containing the specified case and participant information; a party wishing confidentiality should advise the mediator in writing when filing the summary.

At least 10 days before the conference or as otherwise required by the mediator, each party shall present to the mediator a brief written summary of the case containing a list of issues as to each party. If the party or attorney filing the summary wishes its contents to remain confidential, he or she should advise the mediator in writing when the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary.

CRITICAL

Applies to

Petition for distribution without administration

If the value of a ward’s estate is or becomes less than the small estate amount specified in section 25-2 of the Act and no part of the estate consists of real estate or a pending cause of action for personal injuries, a petition may be filed requesting the distribution of the estate without further administration. In the case of a disabled adult, application shall be made by his or her guardian or spouse, or if he or she has no spouse, by a relative having responsibility for his or her support. In the case of a minor, application shall be made by the guardian, a parent, or a person standing in loco parentis.

If the value of a ward’s estate is or becomes less than the small estate amount specified in section 25-2 of the Act and no part of the estate consists of real estate or a pending cause of action for personal injuries, a petition may be filed requesting the distribution of the estate without further administration. In the case of a disabled adult, application shall be made by his or her guardian or spouse, or if he or she has no spouse, by a relative having responsibility for his or her support. In the case of a minor, application shall be made by the guardian, a parent, or a person standing in loco parentis.

CRITICAL

Applies to

Amended or supplemental inventory

An amended or supplemental inventory is required for erroneous descriptions, improper inclusions or exclusions, or newly received or discovered assets; correctly described prior assets need not be repeated.

An amended or supplemental inventory shall be filed with the Clerk if real or personal property has been erroneously described in a previous inventory, assets have been improperly included or excluded from a previous inventory, or additional assets have been received by the representative or have come to his or her knowledge. A supplemental inventory or an amendment to an inventory need not include assets correctly described in a previous inventory.

CRITICAL

Applies to

Settlement petition

A settlement for a minor or ward requires a verified petition with the listed occurrence, defendant, insurance, injury, fairness, and fee details; medical certification is required only if the Court requests it.

To settle a cause of action for personal injuries and/or property damage sustained by a minor or ward or any other action in which a minor or ward will receive any or all the settlement proceeds, the legal representative of the minor, ward, or decedent’s estate shall execute and file a verified petition setting forth: (1) A description of the occurrence giving rise to the cause of action; (2) The name and address of the person or entity against whom the cause of action has accrued; (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the applicable liability insurance policy; (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of the minor or ward as a result of the occurrence. The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Hearing notice

The notice accompanying a fee request must state the hearing’s time, date, and place.

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request.

CRITICAL

Applies to

Supplemental proceeding petition

Must include

case number

The petition must identify the type of proceeding and use the related estate’s case number with a suffix such as “A,” “B,” or “C.”

The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with suffix “A,” “B,” “C,” etc.

CRITICAL

Applies to

Criminal discovery

The party shall disclose the materials ordered by the Court to be disclosed either by providing copies or by arranging a meeting during which the materials will be exhibited to the opposing attorney or SRL; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

The party shall disclose the materials ordered by the Court to be disclosed either by providing copies or by arranging a meeting during which the materials will be exhibited to the opposing attorney or SRL; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

CRITICAL

Applies to

Financial institution voucher

Settlement funds received for a minor or ward must be deposited in a Court-approved federally insured account and cannot be withdrawn without Court approval; the institution’s voucher must include the prescribed acknowledgment and restriction, subject to the age-of-majority exception.

When settlement funds are to be received by a parent or legal representative on behalf of a minor child or ward, the parent or legal representative must deposit the funds in a federally insured account in a financial institution approved by the Court for the benefit of the minor or ward and shall not withdraw any of the funds without approval by the Court. The Court shall continue the case to a specific date for the purpose of receiving a voucher from the financial institution. The voucher must acknowledge receipt of the funds and a copy of the Court’s order approving the settlement and shall include the express language that “No withdrawals shall be made from this account unless authorized by order of Court.” If the account is for the benefit of a minor, the voucher may allow withdrawals without order of court after the date on which the minor reaches the age of majority.

CRITICAL

Applies to

Estate tax documentation

A representative cannot be discharged until documentation is filed with the Clerk showing that estate taxes are paid or that the estate is not subject to them.

The Court shall not discharge a representative unless the representative has filed with the Clerk appropriate documentation that all estate taxes have been paid or that the estate is not subject to estate taxes.

CRITICAL

Applies to

Investment petition

A guardian must petition for Court approval to retain an investment or increase not authorized by the cited statute.

If a guardian desires to retain an investment (including a life, endowment, or annuity policy) or any increase in that investment that is not authorized by section 21-2 of the Act, the guardian shall petition the Court for approval to retain the investment or increase.

CRITICAL

Applies to

Proposed order

When directed, counsel or an SRL must submit a written order within 30 days or the Court’s specified time, first tender it to all appearing parties, and place contact information on its last page; agreed orders should be labeled as agreed.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court. Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record. If the parties do not agree as to the form of the order, the Court shall decide the issue after hearing. Approval as to form shall not be construed as approval as to substance, and the Court may enter the order even if approval is withheld. The attorney or SRL preparing the order shall place his or her name, address, and telephone number at the lower left portion of the last page of the order. An agreed order should be so designated.

CRITICAL

Applies to

Docket call notice

A docket-call notice must identify the time and place of the docket call.

If the Court determines that a decedent’s estate or guardianship has remained inactive for a considerable time, the Court may direct the Clerk to place the case on a docket call, and the Clerk shall give notice, as directed by the Court, to the last known attorney of record or personal representative or both of the time and place of the docket call.

CRITICAL

Applies to

Motion to continue trial

A motion to continue based on a conflicting setting must include an attorney affidavit identifying the other case, judge, setting details, and date the conflicting setting was set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Settlement conference memorandum

For a settlement conference, each attorney or SRL must prepare a memorandum stating the relevant facts, the party’s settlement position, and its basis, and deliver it to the Court at least seven days before the conference.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Applies to

Judgment order

For criminal contempt sanctions, the Court must enter a written judgment order stating the factual basis and sanctions.

When imposing sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions.

CRITICAL

Applies to

Motion

Each motion must identify the relief sought and its legal basis, state its factual and legal grounds, and include citations to authorities the movant wants the Court to consider.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Appearance

A person or entity seeking to file a motion to vacate a sealing order must properly file an appearance first.

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the order sealing or impounding the case, records, or document be vacated.

CRITICAL

Applies to

Foreclosure sale documents

Unless otherwise directed, the plaintiff or plaintiff’s attorney must prepare the listed sale documents and assist the Court and sheriff in carrying out a foreclosure sale.

In all real estate sales in foreclosure, the plaintiff or attorney for the plaintiff, unless otherwise directed, shall prepare the appropriate documents and otherwise aid the Court and sheriff in carrying out the sale, which documents and services shall include (but not be limited to) the following: (1) Preparation of the publication notice for sale and arranging for publication of the notice as required by law; (2) Preparation of the sheriff’s report of sale to be executed by the sheriff as well as the sheriff’s deed or deeds, if needed; (3) Preparation of the certificate of sale in duplicate to be executed by the sheriff; and (4) Preparation of orders approving the report of sale for entry by the Court, as well as a memorandum of judgment when applicable.

CRITICAL

Applies to

Financial affidavit

Each party in a covered dispute must file a financial affidavit before the hearing or as otherwise ordered.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court.

CRITICAL

Applies to

Safety deposit box inventory

Representatives and guardians must timely file a sworn inventory of a safety deposit box’s contents with the Clerk.

All representatives and guardians shall timely file with the Clerk a sworn inventory of a safety deposit box’s contents.

CRITICAL

Applies to

Notice of hearing

Filing notice for a hearing scheduled fewer than 10 days after service, or fewer than 14 days if notice is mailed, constitutes the filer’s certification of compliance with the rule.

The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she has complied with this Rule.