11th Judicial Circuit Court, Livingston County, Illinois Document Filing Requirements

CRITICAL

Applies to

Subpoena

A subpoena seeking specified items must include the prescribed legend on its face or conspicuously attached, including the stated compliance options and instructions.

A subpoena issued under this Rule seeking specified documents, objects or tangible things shall bear the following legend on the face of the subpoena, or conspicuously attached thereto, and a copy of the subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the case: YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU MAY ALSO COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE RETURN DATE TO THE PRESIDING JUDGE AT THE ADDRESS NOTED IN THE SUBPOENA. THE CASE NUMBER SHOULD BE IDENTIFIED ON THE OUTSIDE OF THE ENVELOPE. COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED ALONG WITH THE SUPOENAED MATERIALS. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE JUDGE PRESIDING STATED ABOVE.

CRITICAL

Applies to

Attorney appointment application

Attorneys seeking appointment must apply in writing to the Chief Judge, and should set forth their qualifications; the Chief Judge’s Office maintains a list of qualified attorneys.

Attorneys seeking appointment in child parenting responsibility and parenting time case shall apply in writing to the Chief Judge of the Eleventh Judicial Circuit. The applicant should set forth his/her qualifications as set forth above. A list of Attorneys so qualified shall be maintained by the Chief Judge’s office.

CRITICAL

Applies to

Mediation summary

Each side must provide the mediator a written case summary at least ten days before the conference, containing the required issues, facts, liability, damages, settlement information, and participant names.

At least ten (10) days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time 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 prior to the session.

CRITICAL

Applies to

Memorandum of understanding

When the participants reach an informal agreement through mediation, the mediator must draft a memorandum of understanding for their review.

Upon the reaching of an informal agreement through the mediation process, the mediator will draft a memorandum of understanding for review by the participants.

CRITICAL

Applies to

Verified statement

A peace officer who causes a juvenile respondent to be incarcerated must provide the detention center superintendent a verified statement of the allegations establishing probable cause to arrest.

Any peace officer who arrests a juvenile respondent without a warrant or on a request for apprehension and causes said person to be incarcerated by the Superintendent of the McLean County Juvenile Detention Center, shall provide to the Superintendent of said facility a verified statement setting forth the allegations establishing probable cause to arrest.

CRITICAL

Applies to

Surety bond

A bond backed by a licensed corporate surety may be approved only if its current certified authority is on file and verified authority documents for every person authorized to execute bonds are attached.

Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety's authority to transact business in the State, as issued by the Director of Insurance, is on file with the clerk of the court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

CRITICAL

Applies to

Summons

The summons must display “THIS IS AN ARBITRATION CASE.” in uppercase letters in its upper right-hand corner.

The summons shall state in upper case letters on the upper right-hand corner "THIS IS AN ARBITRATION CASE."

CRITICAL

Applies to

Certificate of completion

Parents subject to the rule must file a certificate of completion with the Clerk to obtain a final order of parenting responsibility or parenting time.

Parents of minor children subject to this rule that fail to file a certificate of completion with the Clerk of the Court may not be granted a final order of parenting responsibility or parenting time.

CRITICAL

Applies to

Plea agreement

In felony cases where a plea agreement is tendered under Supreme Court Rule 402, counsel must submit a written agreement containing the listed plea, sentencing, financial, and other terms.

In all felony cases in which a Plea Agreement is tendered to the Court pursuant to the provisions of Supreme Court Rule 402, counsel shall submit a written Plea Agreement which includes: o The charges or counts to which a guilty plea is being entered; o The charges or counts being dismissed; o The maximum jail or Illinois Department of Corrections sentence agreed to; o The amount of fines, costs, restitution and other financial obligations; o Defendant’s prior record; o A waiver of the pre-sentence investigation report if an agreed plea; o The amount of time of supervision or probation; o Any additional conditions of the agreement.

CRITICAL

Applies to

Summons

The information must be attached to a summons served on the defendant.

The court will include this information with all notices for re-scheduled cases and parties must, per procedures, include it as an attachment to a summons to be served upon the defendant.

CRITICAL

Applies to

Mediation program report

The Chief Judge’s Office must report the number of cases submitted to mediation and the type and number of issues resolved.

The Circuit Court of McLean County through the Office of the Chief Judge shall report to the Supreme Court the number of cases submitted to mediation pursuant to this rule. This report shall also contain the type and number of issues resolved through the mediation program.

CRITICAL

Applies to

Petition

Covered assignments and powers of attorney must be submitted to the presiding judge for filing approval by verified petition stating the assignor's and assignee's names and addresses, the interest's nature and value, and the applicable consideration, fees, and expenses.

Each assignment of, or power of attorney with respect to a distributee's interest in the estate of a decedent, or an interest in a judgment, or a distributee's interest in a partition suit, or funds on deposit or in the custody of the Clerk of the Court for other civil purpose, shall be presented to the presiding judge of the proper division of Court for approval of filing, by a verified petition. The petition for approval shall be verified and state: a. The names and addresses of the assignor and assignee; b. The nature and value of the interest involved; c. In the case of assignment, the consideration, if any, paid or to be paid the assignor, and the fees and expenses charged or to be charged in connection therewith; d. 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 or representatives.

CRITICAL

Applies to

Motion

A receiver may employ an attorney only by court order on a written motion stating the reasons and naming the attorney.

An attorney for the receiver shall be employed only upon order of the court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

CRITICAL

Applies to

Mediator report

The mediator must report a lack of agreement or termination to the court without comment or recommendation, using a form similar to Appendix G.

If the parties do not reach an agreement as to any matter as a result of mediation, or the mediation is terminated, the mediator shall report the lack of an agreement or termination to the court without comment or recommendation. The mediator shall report any Termination or No Agreement on a form similar to that in Appendix G.

CRITICAL

Applies to

State discovery certification

The State's Attorney's discovery certification must identify the specified Rule 412 categories and applicable Rule 415(b) and Rule 417 material by reference and state the number of pages provided for each reference.

The State's Attorney shall certify that material within the possession or control of the State required to be disclosed by Supreme Court Rule 412 has been provided and identify the categories of material by specific reference to subparagraphs (a), and its subparts, (b) and (c), and to Supreme Court Rule 415(b) and Supreme Court Rule 417, if applicable, setting out the number of pages of material, so provided as to each said reference.

CRITICAL

Applies to

Defendant discovery certification

The defendant’s attorney's discovery certification must identify the specified Rule 413 categories and applicable Rule 415(b) and Rule 417 material by reference and state the number of pages provided for each reference.

The attorney for the defendant shall certify that material within the possession or control of defendant or his counsel required to be disclosed by Supreme Court Rule 413 has been provided and identify the categories of material by specific reference to subparagraphs (c) and (d) and its subparts, and to Supreme Court Rule 415(b) and Supreme Court Rule 417, if applicable, setting out the number of pages of materials so provided as to each said reference.

CRITICAL

Applies to

Mediation referral form

The moving party’s attorney, or the judge when both parties are self-represented, must complete the mediation referral form and forward it to the selected mediator or mediators.

The moving party's attorney, or Judge when both parties are pro se, shall be responsible for completion of the Mediation Referral form and for forwarding that form to the mediator(s) selected.

CRITICAL

Applies to

Mediator report

Each mediator must file a copy of the mediator report with the court file and Arbitration Administrator within five days after completing mediation.

Each mediator shall file a copy of the mediator report with the court file and the Arbitration Administrator within five (5) days of completing mediation.

CRITICAL

Applies to

Written order

The judge must enter the findings in a written order.

The judge shall enter the findings on a written order

CRITICAL

Applies to

Subpoena

Only completed subpoenas may be submitted to the Circuit Clerk for issuance.

Only completed subpoenas shall be submitted to the Circuit Clerk for issuance.

CRITICAL

Applies to

Mediation intake form

Individuals expected to participate in mediation must complete and submit intake forms.

When a case is referred to mediation, the involved individuals shall be provided with a date and time for the initial mediation session. All individuals expected to participate in mediation sessions must complete intake forms and submit them.

CRITICAL

Applies to

Speedy trial demand

The Court will not accept a speedy-trial demand that fails to comply with the Rule unless it finds that the State had actual notice and the interests of justice require recognizing the demand.

No demand for speedy trial shall be accepted by the Court unless filed in accordance with this Rule, absent a finding by the Court that the State had actual notice of the demand and that the interests of justice require recognition of such demand.

CRITICAL

Applies to

Continuing education attendance verification

To remain on the approved list, each attorney must submit verification of the required continuing-education attendance to the Chief Judge’s Office at the time of attendance or upon request.

To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least five (5) hours every two year period and submit verification of attendance to the Office of the Chief Judge at the time of attendance or upon request.

CRITICAL

Applies to

Initial pleading

A civil action seeking money damages must attach to the initial pleading the party's affidavit stating whether the damages sought exceed $50,000.

“Any civil action seeking money damages shall have attached to the initial pleading the party's affidavit that the total money damages sought does or does not exceed $50,000. If the damages sought do not exceed $50,000, this rule shall apply.”

CRITICAL

Applies to

Speedy trial demand

Must include

caption, case number

A speedy-trial demand must be a separate written document with a proper caption and case number, signed and dated by the defendant or the defendant’s attorney.

Any demand for speedy trial made by a defendant pursuant to 725 ILCS 5/103-5 shall be made in writing as a separate document, containing proper case caption and case number, signed and dated by the defendant and/or defendant’s attorney.

CRITICAL

Applies to

Mediation referral form

A mediation referral form must be sent to the mediator within three days after the mediation order is entered.

A mediation referral form shall be sent to the mediator in all cases within 3 days of the entry of the Order for Mediation.

CRITICAL

Applies to

Verified statement

A peace officer in the stated circumstances must provide the county sheriff with a verified statement setting forth the allegations establishing probable cause to arrest.

Any peace officer who arrests a person without a warrant and causes said person to be incarcerated by the Sheriff of the County of arrest, shall provide to the Sheriff of the County a verified statement setting forth the allegations establishing probable cause to arrest.

CRITICAL

Applies to

Motion to defer

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

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

CRITICAL

Applies to

Discovery service certification

The discovery-request certification must be filed with the circuit court clerk.

Certification shall be filed with the clerk of the circuit court.

CRITICAL

Applies to

Summons

C. Attachments to Summons: In all Residential Mortgage Foreclosure cases, Plaintiff shall attach to the Summons a Notice of Mandatory Mediation and a Foreclosure Mediation Program Initial Questionnaire.

C. Attachments to Summons: In all Residential Mortgage Foreclosure cases, Plaintiff shall attach to the Summons a Notice of Mandatory Mediation and a Foreclosure Mediation Program Initial Questionnaire.

CRITICAL

Applies to

Subpoena

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this Rule:

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this Rule:

CRITICAL

Applies to

Arbitration award

The chairperson must present the award to the Administrative Assistant for Arbitration, who must then file it with the Clerk of the Circuit Court.

The chairperson shall present the award to the Administrative Assistant for Arbitration who shall then file same with the Clerk of the Circuit Court.

CRITICAL

Applies to

Agreed order

When the parties reach an agreement, the mediator and parties must notify the Court and submit the agreed order for approval and entry of judgment.

The mediator and the parties must notify the Court that an agreement was reached, submit the agreed order, and if approved, the Court shall enter a judgment order on that agreement.

CRITICAL

Applies to

Electronic exhibit index and file

Exhibits reproducible as PDFs must be included in the electronic exhibit index and file.

Exhibits that can be reproduced electronically in PDF format shall be included in any electronic exhibit index and file.

CRITICAL

Applies to

Mediation agreement

Any agreement reached in mediation must be written and signed by the parties and their counsel, if any, at the conclusion of mediation.

If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation.

CRITICAL

Applies to

Summons

The summons must direct the plaintiff or representative and all defendants or representatives to appear at the designated time and place.

Upon the filing of a civil action subject to these rules, the Clerk of the Circuit Court shall set a return date for the summons not less than twenty-one (21) days or more than forty (40) days after filing, returnable before the Supervising Judge for Arbitration. The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated.

CRITICAL

Applies to

Separate exhibit index and file

The Circuit Clerk must create a separate exhibit index and file for each physical exhibit that cannot be reproduced electronically.

The Circuit Clerk or their designee shall create a separate exhibit index and file for any physical object offered as an exhibit which cannot be reproduced electronically.

CRITICAL

Applies to

Mediation report

The report must designate a full or partial agreement, be signed by the mediator, and be filed with the Circuit Clerk within 10 days of the last mediation conference day.

The report shall designate either full or partial agreement. This report shall be signed by the mediator and shall with filed with the Circuit Clerk within ten (10) days of the last day of the mediation conference.

CRITICAL

Applies to

Certificate of readiness to engage in mediation

Once all information has been received, plaintiff's counsel must file a Certificate of Readiness to Engage in Mediation.

Once all information is received, Plaintiff’s counsel shall file a Certificate of Readiness to Engage in Mediation

CRITICAL

Applies to

Insurance coverage copy

Mediators must submit a copy of their professional liability insurance coverage to the Chief Judge each year.

7. Insurance. All mediators shall maintain professional liability insurance which covers the mediation process. A copy of said insurance coverage shall be submitted to the Chief Judge of the Eleventh Judicial Circuit on or before January 31st of each year.

CRITICAL

Applies to

Evidence deposition recording

A deposition recording intended for use in evidence must be filed as directed by the court.

A recording of the deposition for use in evidence shall be filed as directed by the court.

CRITICAL

Applies to

Subpoena

On request of the prosecutor or defendant’s attorney, the Circuit Clerk must issue a subpoena limited to specified documents, objects, or tangible things, and the subpoena must require their production.

The Circuit Clerk shall issue subpoenas limited to the production of specified documents, objects or tangible things when requested by the prosecutor or the defendant’s attorney. The subpoena shall require the person or entity to whom it is directed to produce the designated documents, objects or tangible things.

CRITICAL

Applies to

Notice

The notice must include instructions for accessing Zoom.

Instructions with how to access Zoom shall be provided to the participants with the notice.

CRITICAL

Applies to

Written charging decision

The State’s Attorney or designee must provide the Court a written charging decision based on the verified statement and any police reports or witness statements provided by the arresting agency.

The State’s Attorney of said county, or their designee, shall provide to the Court a written charging decision, based on the verified statement and any police reports or witness statements provided by the arresting agency to the State’s Attorney conducting the

CRITICAL

Applies to

Mediation referral form

Counsel for the Petitioner, or another party directed by the Court, must complete the mediation referral form.

A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Order for Mediation, and shall be completed by counsel for the Petitioner or such other party as the Court directs.

CRITICALCriminal cases

Applies to

Certificate of completion

You must print your class completion certificate and deliver it to the Circuit Clerk’s Office.

You must print off the certificate of completion from your class and deliver the class? certificate to the Livingston County Circuit Clerk’s Office at the address below.

CRITICAL

Applies to

Exhibit

A party offering an exhibit at pretrial or trial must mark it with the exhibit number, case number, and identity of the offering party.

Exhibits to be offered to the Court at pre-trial or trial are to be marked by the party with the exhibit number, case number and indication of party offering the exhibit (e.g. plaintiff/petitioner, respondent/defendant, third-party defendant).

CRITICAL

Applies to

Witness statements and affidavits

Witness statements and affidavits must include each witness’s name, address, and telephone number.

The statements and affidavits of witnesses shall set forth the name, address and telephone number of the witness.

CRITICAL

Applies to

Electronic exhibit index and file

At the conclusion of the hearing or trial, and as directed by the Court, the Circuit Clerk or their designee shall create an electronic exhibit index and file for each hearing, or trial, for all exhibits indicating the exhibit number, name or description of the exhibit (or title of the document), whether the exhibit was admitted, denied or reserved and date of the hearing.

At the conclusion of the hearing or trial, and as directed by the Court, the Circuit Clerk or their designee shall create an electronic exhibit index and file for each hearing, or trial, for all exhibits indicating the exhibit number, name or description of the exhibit (or title of the document), whether the exhibit was admitted, denied or reserved and date of the hearing.

CRITICAL

Applies to

Mediation notice

In the stated circumstance, the mediator’s written notice to the parties must provide the mediation’s time, date, and location.

If both parties have not contacted the mediator to set an evaluation conference within fourteen (14) days of the Order for Mediation, the mediator shall notify the parties, in writing, of the time, date, and location of the mediation.