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

CRITICAL

Applies to

Search warrant return

After a proper search-warrant return, the court must file the specified warrant materials with the county Circuit Clerk, placing the return in a related pending criminal file or otherwise in an MR file; the court may vary the rule by written order for good cause.

B. Upon a proper return of a search warrant being made to the court in accordance with the provisions of Section 5/108-10 of the Illinois Code of Criminal Procedure, the court shall file the complaint, search warrant, and return and inventory of items seized or return indicating that the warrant was not executed with the Circuit Clerk of the county within which the warrant was issued. If there is at the time of the filing of the return a criminal charge pending arising from or related to the search warrant, then the return shall be filed within that criminal file. If there is no criminal file at the time of the filing of the return, then the return shall be filed in a Miscellaneous Remedy (MR) file. The court may, upon written order alter the provisions of this rule for good cause in a particular case.

CRITICAL

Applies to

Mediated agreement

When no independent legal counsel was obtained, the court must be advised when the mediated agreement is presented for approval.

If independent legal counsel is not obtained the court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Summons

The Clerk-issued summons in a forcible-detainer action must have the prescribed Notice to Defendant affixed to it.

The following "Notice to Defendant" shall be affixed to summons issued by the Clerk in actions for forcible detainer, to-wit: You are required to personally appear at the time and place specified in the above summons. If you fail to do so, judgment may be entered against you for the relief asked in the complaint filed in this cause.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

A motion hearing notice must identify the judge, action title and case number, presentation date and time, and nature of the motion.

The notice of hearing shall designate the judge, the title and case number of the action, the date and time the motion will be presented, and the nature of the motion.

CRITICAL

Applies to

Filing

Must include

case number

A filing with an incorrect caption, case number, case category, case type, or filing county will be rejected.

Incorrect caption, case number, case category, case type or filing county.

CRITICAL

Applies to

Written order

The judge must enter the probable-cause findings in a written order.

The assigned judge shall review the probable cause statement, and based on the review, probable cause shall/shall not be established. The judge shall enter the findings on a written order, which shall be filed with the Circuit Clerk by the State’s Attorney of the appropriate county on the first business day following the proceeding.

CRITICAL

Applies to

Affidavit for publication

When service is by publication, the plaintiff must file with the Circuit Clerk a publication affidavit containing the conference date.

When service is by publication plaintiff shall file a copy of the affidavit for Publication containing the date for the Pre-mediation Screening Conference with the Circuit Clerk so the Clerk can add the case to the Pre-mediation Screening calendar for the date selected.

CRITICAL

Applies to

Discovery service certification

Must include

certificate of service

Proof of service on the party to whom the material is directed shall be made by certification of counsel responsible for the case. The certification shall include the name and case number of the case to which it relates, be filed with the Clerk of the Circuit Court and meet the following minimum requirements for identifying the specific material provided:

Proof of service on the party to whom the material is directed shall be made by certification of counsel responsible for the case. The certification shall include the name and case number of the case to which it relates, be filed with the Clerk of the Circuit Court and meet the following minimum requirements for identifying the specific material provided:

CRITICAL

Applies to

Summons

The Clerk-issued summons in small-claims or arbitration money-damages actions must include the prescribed Notice to Defendants.

The following "Notice to Defendants" shall be included within the summons issued by the Clerk in actions for money damages styled as small claims (SC) or arbitration (AR): Service of this summons upon you requires that you or your attorney appear in person at the time and place specified in the summons and make your presence known to the Clerk of the Court, at which time you will be required to file a written Entry of Appearance, and pay the required fee. Your failure to respond to this summons in the manner prescribed above may result in a judgment being entered against you on the date set for your appearance in said summons, and said judgment will be for the amount claimed in the complaint and court costs.

CRITICAL

Applies to

Motion

A party filing a motion objecting to, enforcing, or addressing the sufficiency of a discovery response must attach and file all relevant discovery.

Whenever any party has objection to any requests, or seeks to enforce compliance with any request or otherwise addresses a motion to the sufficiency of a response, he shall attach to his motion and file with the Circuit Clerk, a copy of all relevant discovery in order that the court may properly consider the motion.

CRITICAL

Applies to

Affidavit of income and expenses

Must include

certificate of service

In the specified proceedings, parties must prepare an affidavit of income and expenses with proof of service, unless the court directs otherwise for good cause.

In all proceedings involving petitions for attorney's fees, court costs, maintenance, support and/or parenting responsibilities and parenting time for/with children and modification of any previous orders relating thereto, the parties shall prepare an affidavit of income and expenses with proof of service pursuant to Supreme Court Rule 11, unless for good cause shown the court otherwise directs.

CRITICAL

Applies to

Arbitrator application form

Applicants seeking certification and appointment as arbitrators must file an approved application form and complete the required training seminar.

Illinois-licensed attorneys in good standing and retired judges shall be eligible for certification and appointment as arbitrators by filing an approved application form with the Administrative Assistant for Arbitration and completing the required arbitrator training seminar.

CRITICAL

Applies to

Mediation report

Mediators must complete and submit a report after each session, containing the specified attendance, outcome, and case-status information.

A mediation report shall be completed by the mediators at the end of each mediation session and submitted to the Court and the Arbitration Administrator. The report shall also inform the Court if an ordered party failed to appear. Additionally, the report shall indicate whether the mediation parties reached full agreement, partial agreement, or no agreement. Any agreement will be reduced to writing and shall be attached to the mediation report. If the mediation does not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated among the parties in attendance, and whether the case has been or will be reset for mediation. If, after the initial meeting, it was determined that the case is not suitable for mediation at the time, the report will so indicate.

CRITICAL

Applies to

Residential mortgage foreclosure summons

The selected pre-mediation screening conference date must be inserted in the foreclosure summons.

Said date shall be inserted in the Residential Mortgage Foreclosure Summons.

CRITICAL

Applies to

Motion

When neither party resides in the county where the initial pleading is filed, petitioner’s counsel must file a written venue-waiver motion with the pleading, and the motion must be heard and decided before any other issue.

In any case brought pursuant to the Illinois Marriage and Dissolution of Marriage Act where neither petitioner nor respondent resides in the county; where the initial pleading is filed, counsel for the petitioner shall file with said pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of § 104 of said Act.

CRITICAL

Applies to

Formal agreement

Attorneys must review the memorandum, advise their clients, and draft a formal agreement for submission to the court.

The attorneys will review the memorandum, give advice and opinions, and draft a formal agreement to submit to the court.

CRITICAL

Applies to

Modification packet or settlement offer

If a loan modification is deemed feasible, defendants must provide plaintiff's counsel a completed modification packet, a settlement offer, or both.

If a loan modification is deemed feasible, defendants shall provide a completed modification packet and/or settlement offer to plaintiff’s counsel.

CRITICAL

Applies to

Reciprocal discovery order

In felony cases where the defendant pleads not guilty, the Court must enter a reciprocal discovery order on the arraignment date unless it directs otherwise.

In all felony cases where the defendant pleads not guilty, the Court shall enter a reciprocal discovery order. The order will be entered on the date of the arraignment unless the Court directs otherwise.

CRITICAL

Applies to

Request for reassignment

When the presiding judge is involved, the reassignment request must be in writing and a copy of the referral must be filed in the court file.

If the recusal or motion for substitution involves the presiding Circuit judge of a county or division, the case shall be referred to the Chief Judge for reassignment. Such request for reassignment shall be in writing, and a copy of said referral shall be filed in the court file.

CRITICAL

Applies to

Written notice of hearing

Must include

judge name, case number

Written notice after a motion hearing without prior notice must identify the action, judge, hearing date, and whether the court granted or denied the motion.

If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the judge who heard the motion, date of the hearing, and the order of the court thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead

CRITICAL

Attorneys must obtain all required signatures and prepare the necessary paperwork before Court proceedings.

In advance of the Court proceedings, attorneys must obtain all signatures required and prepare all necessary paperwork.

CRITICAL

Applies to

Notice

The mailed notice must identify the proceeding, hearing date and time, and Zoom meeting ID.

The Deputy Circuit Clerk, Court or attorneys as directed by the Court shall provide notice to the participants by mail of the court proceeding, court date, time of hearing, and the Zoom meeting ID.

CRITICAL

Applies to

Discovery compliance certification

Counsel must file a compliance certification describing the documents filed in relation to the discovery request, and discovery documents filed with the clerk must comply with Supreme Court Rule 201 (m).

Proof of compliance with requests for discovery in all civil matters (including interrogatories, requests for production and requests to admit) shall be made by filing with the Circuit Clerk the certification of counsel showing that compliance has been accomplished. The certification shall include a description of the documents filed with reference to the request made. The filing of discovery documents with the Circuit Clerk shall be in accordance with Supreme Court Rule 201 (m).

CRITICAL

Applies to

Arbitration panel stipulation

A two-arbitrator panel may be used if the parties stipulate using the prescribed form.

Three arbitrators shall constitute a panel unless the parties stipulate using the prescribed form to a two arbitrator panel.

CRITICAL

Applies to

Mediation referral form

The moving party’s attorney, or the Judge when both parties are self-represented, is responsible for completing and forwarding the referral form 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

Mediation agreement

An agreement reached in mediation must be written and signed by the parties when mediation concludes.

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

CRITICAL

Applies to

Memorandum of agreement

An executed Memorandum of Agreement must be tendered to the Court for approval.

Any executed Memorandum of Agreement is tendered to the Court for approval.

CRITICAL

Applies to

Residential mortgage foreclosure complaint

A covered residential mortgage foreclosure complaint must clearly identify the case as subject to mediation.

In all McLean County cases where a complaint is filed to foreclose a residential real estate mortgage (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation

CRITICAL

Applies to

E filed document

A filing will be rejected for failure to comply with applicable Supreme Court or Court e-filing rules or the Rules of Civil Procedure.

Failure to comply with further e-filing rules of the Supreme Court or this Court, or failure to comply with the Rules of Civil Procedure.

CRITICAL

Applies to

Request for reassignment

When no county judge may hear the case or all have recused themselves, the reassignment request must be in writing and a copy of the referral must be filed in the court file.

If none of the judges within the County may hear the specific case; or all have recused themselves, the case shall be referred to the Chief Judge for reassignment. Such request for reassignment shall be in writing, and a copy of said referral shall be filed in the court file.

CRITICAL

Applies to

Certificate

Before a hearing on either specified motion in a case subject to Supreme Court Rule 605(b) or (c), the defendant’s attorney must file a Rule 604(d) certificate containing all certifications in Appendix B’s suggested form.

In all cases subject to Supreme Court Rule 605(b) and (c) in which a Motion To Reconsider Sentence or Motion To Withdraw Plea of Guilty and Vacate Judgment are filed, the court shall not proceed to hearing on the motion until the defendant’s attorney has filed a certificate in compliance with Supreme Court Rule 604(d). For purposes of this Rule, the certificate of compliance must include all of the certifications set forth in the suggested form included in the appendix to these Rules as Appendix B.

CRITICAL

Applies to

Mediated agreement

The written summary forms the basis of a formal mediated agreement presented to the court for approval.

This summary will form the basis of the formal mediated agreement, presented to the court for approval.

CRITICAL

Applies to

Motion for stay

A motion for stay must explain why the case is not subject to mediation, include supporting documentation, be verified, and be presented to and approved by the supervising judge.

Any motion for stay must clearly state the reason that the case is not subject to the mediation process, must include supporting documentation, and must be verified pursuant to the Illinois Code of Civil Procedure (735 ILCS 5/1-109). The Motion must be presented to and approved by the Supervising Judge for Residential Mortgage Foreclosure Mediation.

CRITICAL

Applies to

E filed document

E-filed documents other than exhibits must include the filing attorney’s specified contact details and ARDC number; self-represented parties must provide contact information and may provide an email address if they elect email service.

Each e-filed document, excluding exhibits, shall include the typed name, e-mail address, address and telephone number of the attorney filing such document. Attorneys shall also include their ARDC identification number. Self-represented parties must provide contact information and may provide their email address if they elect to receive email service.

CRITICAL

Applies to

Surety property schedule

Unless excused by the court, sureties must file property schedules in a court-approved form.

Unless excused by the court sureties shall execute and file schedules of property in a form approved by the court.

CRITICAL

Applies to

Written charging decision

The county State’s Attorney or designee must provide the Court with a written charging decision based on the specified materials containing sufficient factual information for a probable-cause determination.

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 screening and which contain sufficient factual information from which the Court can make a determination of probable cause.

CRITICAL

Applies to

Subpoena response

A person with actual or constructive possession or control may comply without appearing personally by providing complete, legible copies and a certificate of complete and accurate compliance to the Court on or before the subpoena’s return date.

The person to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with the subpoena, without personal appearance, by providing complete and legible copies to the Court together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.

CRITICAL

Applies to

Summons

When the stated release conditions are met, the officer must release the defendant with a written summons specifying a court date and time of appearance.

Pursuant to the provisions of 725 ILCS 5/109-1(a-1) and 725 ILCS 5/109(a-3), any law enforcement officer located within the Eleventh Judicial Circuit who issues a citation or arrests a defendant where there is a presumption of release under the SAFE-T Act (P.A. 101-0652 and P.A. 102-1104), and the person does not meet any other provisions requiring detention, the officer shall release said defendant with a written summons set for a specified court date and time of appearance as prescribed by the Circuit Court in the respective county of the judicial circuit.

CRITICAL

Applies to

Original signed document

The original signed document that was e-filed must be maintained and preserved as required by the Illinois Supreme Court’s Electronic Filing Standards and Principles.

The original signed document that has been electronically filed shall be maintained and preserved as required by Illinois Supreme Court’s Electronic Filing Standards and Principles.

CRITICAL

Applies to

Receiver inventory

The filed inventory must detail all real and personal estate property and identify what is in the receiver’s possession or control.

No later than thirty (30) days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate and designating the property within his possession or control.

CRITICAL

Applies to

Stipulation

However, the stipulation may not be used for evidentiary and/or impeachment purposes in any subsequent hearing and the written stipulation shall so state.

However, the stipulation may not be used for evidentiary and/or impeachment purposes in any subsequent hearing and the written stipulation shall so state.

CRITICAL

Applies to

Approved mediators list

Upon approval, a mediator must be added to the approved-mediators list maintained by the Chief Judge’s Office.

Any person seeking to become a mediator should apply in writing to the Chief Judge of the Eleventh Judicial Circuit. The applicant should set forth his/her background and experience in mediation and provide proof that the Minimum Qualifications of Matrimonial and Family Dispute Mediators are met. Upon approval by the Chief Judge of an applicant as a mediator, the individual shall be added to the list of approved mediators maintained in the office of the Chief Judge.

CRITICAL

Applies to

Chairperson certification application

An applicant seeking chairperson certification must certify the number of years engaged in active trial practice.

An applicant requesting to be certified as a chairperson shall certify the number of years engaged in the active trial practice of law.

CRITICAL

Applies to

Written order

The McLean County State’s Attorney or designee must provide the orders to each county’s sheriff as necessary.

The State’s Attorney of McLean County, or their designee, is charged with the responsibility of providing the order(s) to the Sheriff of each county as necessary.

CRITICAL

Applies to

Arbitration hearing statement

At the start of the hearing, the attorneys must provide a brief written statement describing the case and stipulating all relevant facts on which the parties agree, including the listed details when applicable.

At the commencement of the hearing, the attorneys for the parties will provide a brief written statement of the nature of the case which shall include a stipulation as to all of the relevant facts to which the parties agree. The stipulation shall include, if applicable, relevant contract terms, dates, times, places, location of traffic control devices, year, make and model of automobiles and of other vehicles, equipment or goods and products which are involved in the litigation and other relevant and material facts.

CRITICAL

Applies to

Court approved report form

Following completion or termination of mediation, the mediator must submit the court-approved report form to the court and the attorneys.

The mediator shall submit the court approved report form to the court and to the attorneys following the completion/termination of mediation.

CRITICAL

Applies to

E filed pleading or document

Must include

case number

Each e-filed pleading and document must include the case title, case number, and nature of the filing.

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

CRITICAL

Applies to

Probable cause statement

For Ford, Livingston, Logan, and Woodford Counties, the State’s Attorney or designee must present a probable-cause statement at the specified weekend or holiday hearing, beginning promptly at 1:00 PM at the designated location.

For the counties of Ford, Livingston, Logan and Woodford, the State’s Attorney, or their designee, shall present a probable cause statement to the Judge presiding over the weekend/holiday Gerstein hearings beginning promptly at 1:00 PM at the McLean County Law & Justice Center, or any other location designated by the presiding judge, on the date of the weekend/holiday Gerstein hearings court.

WARNING

Applies to

Fiduciary account certificate

For an account presented by an authorized bank or trust company, the court may waive the voucher requirement upon presentation of an officer-signed certificate stating that the vouchers are on file, in the institution's physical possession, and will be retained for a reasonable time.

In the event that an account of a fiduciary is presented in any applicable division of the Circuit Court by a bank or trust company authorized to administer trusts in the State of Illinois, the Court may waive the requirement of exhibiting the necessary vouchers for distributions, upon presentation of a certificate signed by an officer of the bank or trust company stating that the vouchers covering the disbursements in the account presented are on file with the bank or trust company and in the physical possession thereof and will be retained for a reasonable length of time.

WARNING

Applies to

Exhibits

All exhibits should be numbered and labeled accordingly and include an exhibit list describing each item, along with columns that can help all parties identify whether a particular item was admitted into evidence.

All exhibits should be numbered and labeled accordingly and include an exhibit list describing each item, along with columns that can help all parties identify whether a particular item was admitted into evidence.