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

CRITICAL

Applies to

Application for waiver of court fees

In a civil action, an application for waiver of court fees must be written on the Illinois Supreme Court form, signed by the applicant or an appropriate knowledgeable person, and e-filed unless the Court excuses e-filing.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

CRITICAL

Applies to

Judgment order

When imposing sanctions for direct criminal contempt, the Court must enter a written judgment order stating the factual basis and sanctions.

(e) Written Order Required. 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

Receipt

The receipt must certify that the authority to receive the distributive share has not been revoked.

and certify in the receipt that the authority to receive the distributive share has not been revoked.

CRITICAL

Applies to

Verified petition

A settlement petition for a minor or ward must be verified and include the specified occurrence, parties, insurance, injury, settlement-fairness, and fee information; a current medical certificate is needed 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

Notice of hearing or motion

For a motion seeking a default finding under Rule 5.2(1), the notice or motion must warn the defendant that a default finding eliminates entitlement to notice of further proceedings.

If the motion is for a finding of a default under Rule 5.2(1), either the notice or the motion must inform the defendant that if the defendant is found to be in default at the hearing, the defendant shall not be entitled to notice of further proceedings in the action.

CRITICAL

Applies to

Attorney registration

Registering attorneys must provide the specified identifying, contact, e-service, and fee-payment information.

Attorneys must register with the Clerk and shall at a minimum provide the following information: firm name; attorney names and ARDC registration numbers; address; phone number; e-mail address for E-service; staff contact information; and an approved method for paying filing fees.

CRITICAL

Applies to

Extension petition

An extension request for an accounting must be made by verified petition, and the Court must set a definite next-accounting date if it grants the request.

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. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

Applies to

Criminal discovery disclosure

(a) Disclosure. 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.

(a) Disclosure. 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

Notice of hearing

The notice must state the hearing’s time, date, place, and nature and include substantially the specified warning about the binding effect of an approved account.

the notice shall contain the time, date, place, and nature of the hearing in substantially the following sentence: “If the account is approved by the judge, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Applies to

Inventory

Under supervised administration, real estate descriptions must include the legal description and any address, and descriptions of beneficial interests must identify the trustee and include other identifying information.

Descriptions of real estate shall include the legal description and address, if any, of the property. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated.

CRITICAL

Applies to

Proposed property apportionment statement

When property apportionment is disputed, the parties must submit a proposed apportionment statement with the specified property, valuation, apportionment, and authority information.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

Applies to

Safety deposit box inventory

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

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

CRITICAL

Applies to

Termination motion

A motion to terminate mediation must include an affidavit stating specific facts explaining why continuing mediation would be inappropriate.

Any motion to terminate mediation must be supported by an affidavit setting forth specific facts as to why continuing the mediation would be inappropriate.

CRITICAL

Applies to

Receipt and certificate

The representative must file the receipt and certificate with vouchers.

The representative shall file the receipt and certificate with vouchers.

CRITICAL

Applies to

Settlement order

A settlement-approval order must direct distribution and require vouchers proving receipt of funds within the Court-prescribed time.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

Applies to

Inventory

Under supervised administration, a note description must state the specified amount, date, maturity, interest, and endorsement details and describe any security.

A description of a note owed to the decedent or ward shall include the face amount and unpaid balance, date of the note, date of maturity, name of the matter, interest dates, rate of interest, date to which interest is paid, endorsements, and, if secured, a description of the security.

CRITICAL

Applies to

Contact information submission

Each appointed attorney must submit current contact information, updated as needed, along with a statement or other verification of continuing-education attendance.

Each appointed attorney shall submit to the Chief Judge current contact information (updated as needed) with a statement or other verification of attendance at continuing education.

CRITICAL

Applies to

Bond

Unless the Court waives the requirement, the foreign representative, attorney-in-fact, or assignee must furnish a surety bond in the amount and form the Court sets, conditioned on delivery of the share to the distributee.

Unless waived by the Court, the foreign representative, attorney-in- fact, or assignee shall furnish a bond with surety in an amount set and in a form acceptable to the Court and conditioned on the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Written appearance

An SRL’s appearance must include the SRL’s legible name, address, telephone number, and e-mail address if required.

Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Guardian petition

Before materially changing the terms of a covered policy, the guardian must petition the Court for approval.

Before making any material change to the terms of any life, endowment, or annuity policy purchased pursuant to section 21-2 of the Act, the guardian shall petition the Court for approval.

CRITICAL

Applies to

Evidence of entitlement

The foreign representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the distributive share.

The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that the principal is the person entitled to receive the distributive share.

CRITICAL

Applies to

Settlement approval order

When annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the estate and prohibit expenditure, transfer, or withdrawal without leave of Court.

When annuity payments or income are payable before the beneficiary reaches the age of majority, an order approving the settlement shall provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court, and that proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Request for relief

A request for relief concerning specified discovery must include and file the relevant portions of the discovery as an exhibit.

However, if relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response, copies of the portion of the deposition, interrogatory, request, answer, or response shall be attached to the request for relief as an exhibit and filed with the Clerk.

CRITICAL

Applies to

Power of attorney or assignment

Each power of attorney or assignment must be signed by the distributee and authenticated and acknowledged before an American consul unless the Court accepts other evidence of authenticity.

Each power of attorney or assignment shall be signed by the distributee and be properly authenticated and acknowledged before an American consul, unless the Court is satisfied with other evidence of the authenticity of the power of attorney or assignment.

CRITICAL

Applies to

Petition for issuance of commission

A petition for a commission to depose a will witness must provide the witness’s name and address, the reason for the witness’s inability to attend, the directed officer’s name and address, and a copy of the proposed written interrogatories.

A person seeking admission of a will or codicil to probate and desiring to take the deposition of a witness to a will or codicil as provided in section 6-5 of the Act shall file a petition for issuance of a commission stating the name and address of the witness, the reason the witness is unable to attend court, and the name and address of the officer to whom the commission is directed. A copy of the proposed written interrogatories shall be attached to the petition.

CRITICAL

Applies to

Written order

The preparer must place their name, address, and telephone number at the lower left of the order’s last page.

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.

CRITICAL

Applies to

Withdrawal petition

A petition to withdraw a minor’s or ward’s funds must be written and state the account balance, annual income, requested amount and purpose, and the last authorization for the same purpose.

A petition to withdraw funds held for the benefit of a minor or ward shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor or ward, the amount and purpose of the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

CRITICAL

Applies to

Court appearance

A person who is not excused and is not authorized by the cited provisions to appear remotely must appear in person.

If a person’s appearance is not waived by the Court and the person is not permitted by S. Ct. R. 45, 725 ILCS 5/106D- 1, or 725 ILCS 5/109-1(f) to appear remotely, the person must appear in person for the hearing or proceeding.

CRITICAL

Applies to

Petition for adjudication of indirect criminal contempt

An indirect criminal contempt proceeding must be initiated by filing a verified petition that particularly describes the alleged conduct.

(b) Petition for Adjudication. An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Financial disclosure

The financial disclosure list includes income records, appraisals, claims, assets and accounts, insurance, tax returns, child-treatment providers, and intended trial witnesses.

(5) Current representative wage stubs or other documents demonstrating the disclosing party’s current income from all sources; (6) Copies of all appraisals conducted within three years of any personal property or real estate in which either party claims a legal or equitable interest; (7) A statement setting forth the details of any claim by the disclosing party that the other party has dissipated assets; (8) A statement setting forth the details of any claim of a right to reimbursement for contribution; (9) A list of any annuities, pensions, profit sharing plans, retirement plans, IRS accounts, 401(K) or Keogh plans, or other similar equities in which any party has or claims a legal or equitable interest, setting forth the names and addresses of the owner, plan administrator, trustee, or manager and any identifying number of the annuity, account, or plan; (10) A list of any stocks, bonds, mutual funds, or other equities in which any party has a legal or equitable interest, whether held in the name of a party or by any other person or entity for the benefit of a party; (11) A list of any accounts held by any bank, savings and loan, brokerage company, credit union, or other thrift institution in which accounts any party has a legal or equitable interest, whether held in the name of a party or by any other person or entity for the benefit of a party, setting forth the name and address or any institution or entity and the identification number of the account; (12) The existence of any cash value life insurance, term insurance, or other insurance policies covering the life of any party, including the name and address of the company, the policy number, and the face and cash values of each policy; (13) Copies of federal and state tax returns of any party, together with all supporting schedules, W-2 forms, and 1099 forms for all income included in the returns for the three calendar years preceding the date of the order; (14) The names and addresses of any doctors, psychologists, psychiatrists, or mental health counselors who have consulted with or treated any child of the parties during the 12 months preceding the date of the order; and (15) The names, addresses, telephone numbers, and e-mail addresses of all witnesses the disclosing party intends to call at trial, together with a description of the subject matter about which each witness might be called to testify.

CRITICAL

Applies to

Pleading notice or other paper

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

CRITICAL

Applies to

Account hearing notice

Account-hearing notices must state the hearing details and include the prescribed warning about the binding effect of an approved account.

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

CRITICAL

Applies to

Civil contempt petition

A rule to show cause for indirect civil contempt may issue only on a verified petition stating the facts or the complaining party’s testimony, and either must make a prima facie showing of contempt.

Except as provided in these Rules, a rule to show cause for indirect civil contempt shall be issued only on a verified petition that clearly sets forth the facts on which the petition is based or on testimony of the complaining party. Any verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Original pleading

The initial case management conference time and date must appear on the original pleading and its copies or on a separate Clerk-prepared document delivered or served as specified.

(2) The time and date of the initial case management conference shall be affixed to the original pleading and on all copies served on or retained by the parties or indicated in a separate document completed by the Clerk to be delivered to the plaintiff and to be served with the summons on all defendants.

CRITICAL

Applies to

Inventory

Under supervised administration, stock descriptions must state the number of shares, class, exact corporate title, and, when necessary for identification, state of incorporation.

Descriptions of stock shall include the number of shares, class of stock, exact corporate title, and state of incorporation if the state is necessary to identify the stock.

CRITICAL

Applies to

Commission petition

A commission petition for a witness’s deposition must include specified witness and officer information and proposed interrogatories; absent waiver, notice must be given to identified heirs and legatees at least 14 days before the probate hearing.

A person seeking admission of a will or codicil to probate and desiring to take the deposition of a witness to a will or codicil as provided in section 6-5 of the Act shall file a petition for issuance of a commission stating the name and address of the witness, the reason the witness is unable to attend court, and the name and address of the officer to whom the commission is directed. A copy of the proposed written interrogatories shall be attached to the petition. Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition. Before the hearing, any interested person may propose written cross-interrogatories.

CRITICAL

Applies to

Motion

A person seeking permission to appear remotely under S. Ct. R. 45(c) or (d) must seek it by written motion, unless an individual court standing order or a case-by-case discretionary exception allows otherwise.

Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Written appearance

When an SRL’s appearance waives notice or consents to an immediate hearing, it must state that the SRL received the pleading seeking relief and include a copy of that pleading.

If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of any pleading seeking relief with respect to him or her and attach a copy of that pleading to the appearance.

CRITICAL

Applies to

Continuing education verification

Attendance verification must be submitted to the Chief Judge when the attorney attends the course or upon request.

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

CRITICAL

Applies to

Stipulation of dismissal

A stipulation dismissing a pending action must be accompanied by the financial institution’s voucher.

(l) Dismissal of Action. A stipulation dismissing any pending action shall be accompanied by the voucher from the financial institution.

CRITICAL

Applies to

Motion

Every motion must identify its requested relief and legal basis, state its factual and legal grounds, and cite the authority the movant asks 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

Paper filing

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

CRITICAL

Applies to

Pretrial documents

Unless the Court orders otherwise, final pretrial documents must include the listed materials, including exhibit lists, voir dire questions, jury instructions, and motions in limine.

Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Settlement approval order

A settlement-approval order must appoint an estate guardian and require a bond pending proper deposit, unless the Court waives surety, in which case the estate’s attorney is personally responsible for depositing the funds.

(k) Appointment of Guardian of the Estate. An order entered approving a settlement shall provide for the appointment of a guardian for the minor’s or ward’s estate and shall require the guardian to file a bond pending proper deposit of the funds in the approved financial institution. If the Court waives the requirement of a surety, the attorney representing the estate of the minor or ward shall have personal responsibility for depositing the funds in the approved financial institution.

CRITICAL

Applies to

Petition to withdraw funds

A petition to withdraw funds for a minor or ward must be in writing and state the account amount at presentation and the annual income available.

A petition to withdraw funds held for the benefit of a minor or ward shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor or ward, the

CRITICAL

Applies to

Settlement petition

A settlement involving proceeds for a decedent’s estate requires a verified petition containing the listed occurrence, defendant, insurance, injury, fairness, and fee information.

To settle a cause of action for personal injuries or death or any other action in which a decedent’s estate will receive any or all the settlement proceeds, the executor or administrator 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 decedent and a list of hospital and medical expenses incurred by the decedent as a result of the occurrence; (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

E document

Each E-document must include the Filer’s typed name, e-mail address, mailing address, and telephone number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer.

CRITICAL

Applies to

Amended or supplemental inventory

An amended or supplemental inventory must be filed with the Clerk when property was misdescribed, assets were improperly included or excluded, or additional assets are received or become known.

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.

CRITICAL

Applies to

E document

A person who e-files a document requiring an original signature certifies that the original signed document is in the Filer’s possession.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession.

CRITICAL

Applies to

Supplemental probate petition

A supplemental probate proceeding requires a petition identifying the proceeding and using the estate case number with a letter suffix, service of process, and payment of the fee when filed.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14. 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. The required fee shall be paid when the petition is filed.