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

CRITICAL

Applies to

E document

Attorneys must include their ARDC registration number on every E-document.

Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing time, date, and place and include the specified warning.

The notice 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

E document

Except for the stated attorney and supervised non-attorney signature alternatives, each person whose signature is required must sign the E-document.

Except as set forth in Rules 2.8(a) and 2.8(b), E-documents requiring a signature or signatures shall be signed by each person whose signature is required.

CRITICAL

Applies to

Disclosure

Each ordered disclosure must be written and accompanied by an affidavit of completeness and correctness, and parties must seasonably supplement or amend it as new information becomes known.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made. The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

Discovery receipt

Unless a dispute arises about the extent of disclosure, all parties must file the discovery receipt or acknowledgment at trial or other case disposition.

(c) Filing of Receipt. Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

E document

Unless the Court orders otherwise, Filers must preserve electronically filed documents containing original signatures until one year after the judgment or dismissal order becomes final.

Unless otherwise ordered by the Court, the Filer shall maintain and preserve all documents containing original signatures that are filed electronically until one year after the date that any judgment or dismissal order has become final and

CRITICAL

Applies to

Inventory

Each inventory and amended or supplemental inventory must be filed with the Clerk unless the Court excuses filing.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk.

CRITICAL

Applies to

Estate tax documentation

A representative must file documentation that estate taxes are paid or inapplicable before discharge.

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

Verified settlement petition

An executor or administrator settling a covered action must file a verified petition containing the specified occurrence, parties, insurance, injury, settlement-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

Sealing order

The Court must enter a written order deciding a sealing request and, if granted in whole or in part, specify the materials covered, whether party names are removed from public access, and the duration of sealing.

The Court shall enter a written order granting, granting in part, or denying the request. If the Court grants the motion in whole or in part, the order shall designate whether the entire file, record, or document or only a portion of the entire file, record, or document shall be sealed or impounded. The order shall further designate whether it includes removing the parties’ names from public access and the duration the file is to be sealed or impounded.

CRITICAL

Applies to

Ward estate expenditure petition

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

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

Proposed property apportionment

When property apportionment is disputed, the parties must submit a detailed proposed-apportionment statement five days before the hearing, including specified debt information when marital indebtedness is disputed.

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. 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

E document

Must include

case number

Each E-document must include the case title, case number, and nature of the filing.

Additionally, each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Appearance

An SRL must file an appearance before a hearing, include contact details, notarize a non-e-filed appearance, attach any pleading covered by a waiver or immediate-hearing consent, and serve the appearance.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court. Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address. If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law. 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. The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Financial disclosure

Each disclosure must be written and accompanied by the party’s affidavit confirming its completeness, accuracy, and reasonable efforts to comply.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made.

CRITICAL

Applies to

Petition for approval

The petition for approval must be verified and include the specified identifying, interest, consideration, fee, and expense information applicable to the assignment or power of attorney.

The petition for approval shall be verified and, in the case of an assignment, state the names and addresses of the assignor and assignee, the nature and value of the interest involved, the consideration paid to or to be paid to the assignor, and the fees and expenses charged or to be charged, and, in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney-in-fact and his agents and representatives.

CRITICAL

Applies to

Discovery document

Discovery documents generally must not be filed with the Clerk, except requests to admit and their answers or responses, unless the Court orders otherwise.

Pursuant to S. Ct. R. 201(m), and unless otherwise ordered by the Court, depositions, interrogatories, requests to produce or inspect, answers, responses, and other similar discovery documents shall not be filed with the Clerk. This Rule does not apply to requests to admit facts or the genuineness of documents or the answers or responses to those requests.

CRITICAL

Applies to

Inventory

Under supervised administration, a bond description must include its face value, obligor, type, interest and maturity details, coupons or interest-paid date, and endorsements.

A description of a bond shall include the total face value, name of the obligor, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid, and endorsements

CRITICAL

Applies to

Settlement approval order

A settlement-approval order must provide for distribution of the funds and filing vouchers evidencing receipt within a time set by the Court.

(h) Evidence of Receipt. 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

E document

Must include

case number

Every electronically filed document must identify the case title, case number, and nature of the filing.

Each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Financial institution voucher

The financial institution’s voucher must acknowledge receipt of the funds and the settlement order, include the required no-withdrawals language, and may allow withdrawals without a court order after a minor reaches majority.

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

Pleading

Must include

caption

Each pleading must identify the circuit, county, and parties.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

Discovery receipt

Unless disclosure is disputed, all parties must file the discovery receipt or acknowledgment at trial or other disposition.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

Petition for approval

A guardian must petition for Court approval before materially changing a life, endowment, or annuity policy purchased under the cited statute.

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

Jury instruction

When news media is present at any portion of a criminal or civil trial, the judge must give the specified extended-media-coverage instruction to the jury.

(b) Jury Instruction. The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.

CRITICAL

Applies to

Criminal discovery material

The Clerk must not accept exhibits, reports, or other materials submitted in response to court discovery orders for filing.

(d) Non-Filing of Discovery Materials. The Clerk shall not accept for filing any exhibits, reports, or other materials in response to discovery orders entered by the Court.

CRITICAL

Applies to

Proof of parenting education

Each parent in a case involving a minor child must complete an approved parenting program and provide proof before prove-up or final order, unless waived for good cause or prior completion is documented.

In all cases in which the parties have a minor child, each parent must attend an approved parenting education program and provide proof of completion before any prove-up or final order in the action. The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

CRITICAL

Applies to

Additional disclosures

Because of an action's nature or complexity, the Court may order parties to disclose and exchange the listed information, including information obtainable through reasonable inquiry.

The Court may, on written motion of a party or its own motion, determine that, because of the nature or complexity of an action, the parties shall, within 30 days and without further notice or request, disclose and exchange the following information, whether the information is within the possession, custody, or control of the party or can be ascertained or acquired by the party by reasonable inquiry and investigation: (1) Whether paternity of any child, living or unborn, is contested, and, if so, the identity of the child and the alleged putative father of the child; (2) The name and address of any health and medical insurance carrier covering any spouse and/or children; (3) A statement describing any worker’s compensation, personal injury, or property damage claims the disclosing party may have, whether or not filed; (4) The name and address of all employers and a description of any self- employment of the disclosing party;

CRITICAL

Applies to

Guardian retention petition

A guardian who wishes to retain an investment or increase not authorized by section 21-2 must petition the Court for approval.

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

Motion

Unless a standing order or case-specific exception applies, a request for remote appearance must be made by written motion filed, scheduled, and served under Local Rule 5.1.

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

Settlement petition

Only a personal representative authorized by law, including the specified guardians or next friend, may seek Court approval of a minor’s or ward’s settlement.

Only a personal representative authorized by law may seek Court approval of a settlement of a claim for personal injury and/or property damages on behalf of a minor or ward. A personal representative authorized by law includes a guardian appointed under the Probate Act, a next friend as recognized under the Code of Civil Procedure or the Probate Act, and a guardian ad litem appointed by the Court.

CRITICAL

Applies to

Parenting education completion proof

Each parent in a case involving a minor child must complete an approved parenting education program and provide proof before a prove-up or final order, subject to the stated waiver and prior-attendance exception.

In all cases in which the parties have a minor child, each parent must attend an approved parenting education program and provide proof of completion before any prove-up or final order in the action. The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

CRITICAL

Applies to

Inventory

An inventory must list known real and personal property and causes of action as of the specified date, and inventories in the stated supervised or protected estates must be verified.

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. The inventory in a decedent’s estate under supervised administration or in the estate of a minor or disabled person shall be verified.

CRITICAL

Applies to

Appearance

An attorney must file and serve a written appearance before addressing the Court, include required contact and responsible-attorney information, and seasonably update it.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court. Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case. The attorney shall serve copies of the written appearance in the manner required for the service of pleadings. The attorney must seasonably update information contained in the appearance.

CRITICAL

Applies to

E document

Even when documents are submitted in one transaction, each document must be uploaded and titled separately.

each individual document must be uploaded and titled individually.

CRITICAL

Applies to

Motion for default

Except when the stated return-date procedure applies, a plaintiff seeking default must file a written motion specifying any other relief sought at the hearing.

In all other instances, a plaintiff seeking a finding that a defendant is in default for failing to appear, answer, or otherwise plead must file a written motion asking that the defendant be found in default and specifying what other relief, if any, the plaintiff will seek during the hearing on the motion.

CRITICAL

Applies to

Foreclosure sale documents

Before the sale, the plaintiff or plaintiff’s attorney must supply the sheriff with a certified sale judgment, a publication certificate, and, when applicable, a certificate showing that sale notices were mailed to the parties.

In addition to the services above mentioned, the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff with: (1) A certified copy of the judgment directing sale; (2) A certificate of publication of the notice of sale; and (3) A certificate showing copies of the notices of sale have been mailed to parties to the action, when applicable.

CRITICAL

Applies to

Inventory

Under supervised administration, a cause-of-action description must identify the defendants or potential defendants and nature of the action, plus specified case details if suit has been filed.

A description of a cause of action shall include the name of the defendant(s) or potential defendant(s), its nature, and, if suit has been instituted, the title, case number, and court in which it is pending.

CRITICAL

Applies to

Petition to withdraw funds

A petition to withdraw the ward’s funds must be presented in person by a specified person unless the Court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in section 24-21 of the Act or pursuant to this Rule shall be presented in person by the parent, spouse, person standing in loco parentis, or person having custody of the ward, unless the Court waives personal presentation.

CRITICAL

Applies to

Probate petition

A petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit attesting that the copy is true and correct to the affiant’s 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

Post hearing notice

After a motion is heard without prior notice, the attorney or SRL obtaining the order must serve written notice containing the specified case, judge, hearing, and ruling information on the specified parties.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing.

CRITICAL

Applies to

Subpoena compliance certification

Anyone complying with a subpoena by mail must provide a written certification that the documents are complete, accurate, and constitute good-faith compliance; the certification may be in letter form.

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.

CRITICAL

Applies to

Fee waiver application

A civil fee-waiver application must be written on the Supreme Court form, signed by an authorized 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

Financial affidavit

In specified family-law disputes, each party must file a statewide-form financial affidavit at least five days before the hearing, subject to the stated no-substantial-change exception for a prior affidavit.

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. The financial affidavit form shall comply with the standardized, statewide form available at the Illinois Supreme Court website. If a financial affidavit has been filed before a hearing on temporary relief, an additional financial affidavit need not be filed before the hearing for permanent relief if there has been no substantial change at the time of the final hearing.

CRITICAL

Applies to

Appointment application

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

Pretrial documents

At least 10 days before a scheduled final pretrial conference, each attorney and SRL must file and serve the Court-required pretrial documents, including the listed materials unless otherwise ordered.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference. 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

E document

Except for the specified attorney and supervised non-attorney signature options, each person whose signature is required must sign the e-document.

Except as set forth in Rules 2.8(a) and 2.8(b), E- documents requiring a signature or signatures shall be signed by each person whose signature is required.

CRITICAL

Applies to

Motion for default

Must include

proposed order

A plaintiff seeking judgment or an order beyond a default finding must serve the proposed judgment or order with the default motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Applies to

E document

Every e-document must include the filer’s typed name and contact information, and attorney filers must also include their ARDC number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer. Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Receipt

The foreign representative, attorney-in-fact, or assignee must acknowledge in writing receipt of the distributive share.

The foreign representative, attorney-in-fact, or assignee shall acknowledge receipt in writing of the distributive share received from the representative