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

CRITICAL

Applies to

Pleading

Must include

caption

Every 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

Mediated agreement

When a mediated agreement is presented for approval, the Court must be advised if a party is self-represented.

If a party is an SRL, the Court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Notice of dismissal

The dismissal notice must state that the case may be reinstated for good cause within 30 days after the notice date.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

Applies to

Mediator certification request

An attorney seeking mediator certification must submit a signed, written request to the Court Administrator.

(1) The attorney has submitted to the Court Administrator a signed, written request for certification.

CRITICAL

Applies to

Judgment order

After an adjudication of civil contempt, the complaining party or the Court must prepare an order specifying the conduct, sanctions, and means of purging the contempt.

On an adjudication of civil contempt, the complaining party or the Court shall prepare a written judgment order specifying the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself or herself of the contempt.

CRITICAL

Applies to

Subpoena

A subpoena seeking documents must bear the prescribed legend on its face or conspicuously attached, including the mailing-compliance certification and mailing-timing instructions.

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

Report of compliance

The foreign representative, attorney-in-fact, or assignee must present a compliance report with the distributee’s receipt within 90 days after the order, unless the Court allows more time.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Applies to

Written appearance

A written appearance must include the attorney’s contact information and, when filed by a law firm, identify the attorney or attorneys responsible for the case.

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.

CRITICAL

Applies to

Assignment of interest or power of attorney

Each assignment of interest or power of attorney concerning a distributee’s estate interest must be presented to the Court for filing and approval.

Each assignment of interest or power of attorney with respect to a distributee’s interest in a decedent’s estate shall be presented to the Court for filing and approval.

CRITICAL

Applies to

Notice of hearing

A motion-hearing notice must identify the case, expected judge, hearing date and time, and either include the motion or state that it was previously served.

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. The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Applies to

Inventory

An inventory in a decedent’s estate under supervised administration or an estate of a minor or disabled person must be verified.

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

Guardian report

A guardian’s report must disclose the ward’s location, physical and mental condition, and school attendance or occupation.

A report of a guardian or a guardian to collect shall disclose the physical location of the ward, the ward’s physical and mental condition, and the ward’s attendance in school or occupation.

CRITICAL

Applies to

Mediation fee schedule

Once approved, an attorney must provide the Court Administrator with the attorney’s current mediation fee schedule.

(b) Fee Schedule. Once approved, the attorney must advise the Court Administrator of his or her current mediation fee schedule.

CRITICAL

Applies to

Probate petition

A petition to probate a will or codicil written in another language must include an English typewritten 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.

WARNING

Applies to

Certificate of service

A supervised non-attorney may personally sign, or use a facsimile or typographical signature on, a certificate, proof, or affidavit of service in an e-document.

Certificates, proofs, or affidavits of service in E-documents signed by a non-attorney under the supervision of an attorney may be signed by the non-attorney or bear a facsimile or typographical signature of the non- attorney serving the E-document. If an E-document bears a facsimile or typographical signature of a non-attorney serving the E-document, the certificate, proof, or affidavit of service shall be deemed to have been signed by the non-attorney identified.

WARNING

Applies to

Financial disclosure

Each party must seasonably supplement and amend disclosures when new or different information or documents become known.

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.

WARNING

Applies to

Petition to withdraw funds

The Court may require evidence that the requested funds are necessary for the ward’s or the ward’s dependents’ benefit.

The Court may require the petitioner to furnish evidence that the sums to be withdrawn are necessary for the ward’s comfort, education, or other benefit to the ward or his or her dependents.

WARNING

Applies to

Settlement conference memorandum

A settlement conference is recommended within 30 days after civil discovery closes; when one is held, each side must deliver a fact-and-position memorandum to the Court seven days beforehand and serve it on opponents unless the parties agree to confidential submission.

Within 30 days of discovery being completed in a civil case, it is recommended that a settlement conference be conducted with the Court to explore the possibility of settlement and to determine if the issues can be narrowed. 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. Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

WARNING

Applies to

E document

An E-document filed using a user identification and password without a facsimile or typographical signature is deemed personally signed by the credential holder.

In the absence of a facsimile or typographical signature, any E-document filed with user identification and password shall be deemed to have been personally signed by the holder of the user identification and password.

WARNING

Applies to

Mediator report

The mediator must report the mediation outcome to the Court and must not disclose why the parties did not reach an agreement.

The mediator shall report the outcome to the Court. The mediator shall not disclose reasons for the absence of an agreement.

WARNING

Applies to

Default damages proof

Default damages may be proved by the listed forms or other proof the Court deems sufficient, but verified complaints and affidavits must be signed by the plaintiff or the plaintiff’s agent, not counsel.

When a defendant is in default or found in default under Rule 5.2(a)(1), proof of damages may be made by a verified complaint, affidavit, sworn witness testimony, or other proof the Court deems sufficient. Verified complaints and affidavits must be signed by the plaintiff or an agent of the plaintiff, not by the plaintiff’s attorney.

WARNING

Applies to

Final account

If there is no unpaid creditor and the required best-interest finding is made, the Court may order the guardian to file a final account and distribute the estate as directed.

If it appears there is no unpaid creditor and that it is in the best interest of the estate and ward, the Court may order the guardian to file a final account and make distribution as the Court directs.

WARNING

Applies to

Settlement funds

If the Court finds it in the minor’s or ward’s best interest, settlement funds may instead be invested under the Probate Act, but cannot be withdrawn or used without Court approval.

If determined by the Court to be in best interest of the minor or ward, a parent or legal representative receiving settlement funds may, in lieu of depositing the funds as required by Rule 10.1(i), invest the funds for the benefit of the minor or ward in accord with applicable provisions of the Probate Act. Invested funds shall not be withdrawn or used without approval of the Court.

WARNING

Applies to

Mediation statistical information

Mediators must provide the Court with statistical information as required by the Illinois Supreme Court to help monitor the mediation program.

Mediators shall provide statistical information to the Court, as required by the Illinois Supreme Court, to assist in measuring and monitoring the performance of the mediation program.

WARNING

Applies to

Petition for minor beneficiary share

For the specified minor beneficiary, the Court may direct deposit and payment under section 22-21 upon a sworn showing that doing so is in the minor’s best interest.

If a minor is entitled to a distributive share of a decedent’s estate and the share consists entirely of money and no guardian has been appointed for his or her estate, the Court on a showing under oath that it is in the minor’s best interest may direct that the distributive share be deposited and paid in accordance with section 22-21 of the Act.

WARNING

Applies to

Exhibits

The Court may direct the parties to produce the exhibits they expect to offer at the final pretrial conference or another time designated by the Court.

At the final pretrial conference or at any other time as may be designated by the Court, the Court may direct the parties to produce all exhibits they expect to offer in evidence.

WARNING

Applies to

E document

An attorney may sign a required e-document signature personally or use an authorized facsimile or typographical signature.

E-documents requiring the signature of an attorney may be signed by the attorney or bear a facsimile or typographical signature of the attorney authorizing the filing. If an E-document bears a facsimile or typographical signature, the E-document shall be deemed to have been signed by the attorney identified.

WARNING

Applies to

Written appearance

An attorney must seasonably update the information in the appearance.

The attorney must seasonably update information contained in the appearance.

WARNING

Applies to

Answer

An answer may specifically deny allegations and state affirmative defenses; later written or oral denials and defenses require leave of Court.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense. Subsequent written or oral denials and affirmative defenses may be made only with leave of Court.

WARNING

Applies to

Motion to remove from inactive docket

A motion and order are required to remove a case from the inactive docket to the active docket.

A case may be removed from the inactive docket to the active docket on motion and order.

WARNING

Applies to

Witness objection

The objection must state specific reasons for opposing extended media coverage of the witness’s testimony.

3. I object to extended media coverage of my testimony for the following reasons (please be specific):

WARNING

Applies to

Financial affidavit

No additional affidavit is required before the permanent-relief hearing if an affidavit was filed for temporary relief and there has been no substantial change by the final hearing.

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.

WARNING

Applies to

Mediation agreement summary

The mediator must prepare a written summary of the agreements and give a copy to the parties and their attorneys, if any.

The mediator shall summarize, in writing, the agreements reached by the parties. A copy shall be given to the parties and their attorneys, if any.

WARNING

Applies to

Written objection

A written party objection to extended media coverage should state the reasons for the objection.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request.

WARNING

Applies to

Entry of appearance

An entry of appearance may replace required notice if it states on its face that the signer has read the relevant petition, account, or report and approves the requested fees.

Entries of appearances will be accepted in lieu of any required notice if the appearance indicates on its face that the person executing the appearance has read the petition, account, or report and approves the fees requested.

WARNING

Applies to

Extended media coverage request

The request form represents that proper notice has been given to the court media liaison, counsel of record, and parties appearing without counsel.

4. Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.

INFO

Applies to

Written order

An agreed order should be designated as agreed.

An agreed order should be so designated.

INFO

Applies to

Exhibits

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than when the exhibit is offered in evidence.

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than when the exhibit is offered in evidence.

INFO

Applies to

Exhibits

Counsel and SRLs should make their own exhibit copies unless use of the exhibit was not reasonably anticipated.

Unless use of an exhibit was not reasonably anticipated, counsel and SRLs should make their own copies of exhibits.

INFO

Applies to

E document

An attorney-required E-document may bear the attorney’s own, facsimile, or typographical signature; a facsimile or typographical signature is deemed the identified attorney’s signature.

E-documents requiring the signature of an attorney may be signed by the attorney or bear a facsimile or typographical signature of the attorney authorizing the filing. If an E-document bears a facsimile or typographical signature, the E-document shall be deemed to have been signed by the attorney identified.

INFO

Applies to

Exhibit list

When practicable, an exhibit list should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

When practicable, a list of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

INFO

Applies to

Discovery receipt

The disclosing attorney or SRL should prepare a receipt or acknowledgment identifying the materials supplied or exhibited.

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.

INFO

Applies to

E document

A supervised non-attorney may sign a certificate, proof, or affidavit of service personally or by facsimile or typographical signature, which is deemed the identified non-attorney’s signature.

Certificates, proofs, or affidavits of service in E-documents signed by a non-attorney under the supervision of an attorney may be signed by the non-attorney or bear a facsimile or typographical signature of the non- attorney serving the E-document. If an E-document bears a facsimile or typographical signature of a non-attorney serving the E-document, the certificate, proof, or affidavit of service shall be deemed to have been signed by the non-attorney identified.

INFO

Applies to

Order

A judge may sign an order submitted by E-filing using a facsimile signature placed on the order by the judge.

Orders submitted by E-filing may be signed by the judge through a facsimile signature placed on the order by the judge.