3rd Judicial Circuit Court, Madison County, Illinois Electronic Filing Rules

CRITICAL

Mandatory e-filing resumed under this administrative order.

AO 2022-M-11 Resumption of Mandatory E-Filing

CRITICAL

Electronic filing is authorized in designated cases, but filers may instead file covered documents in conventional paper format, which the Clerk scans into the electronic file.

The Circuit Court hereby authorizes electronic filing in each of the designated cases as identified in Rule 2 Designation of Electronic Filing Case Types, of this Part 7. Once a case becomes an e-file case, the Clerk of the Circuit Court may accept subsequent filings electronically through an approved Vendor or through the Clerk’s computer workstation. At no time shall e-filing prevent or exclude the ability to file any valid pleading with the Clerk of the Third Judicial Circuit Court. Any document which may be filed under these procedures may instead be filed with the Clerk of the Circuit Court in conventional paper format. The Clerk shall scan conventionally filed documents into the electronic file.

CRITICAL

A PIN holder must not knowingly permit anyone other than authorized law-firm attorneys or employees or qualifying designated co-counsel to use the PIN.

As a minimum security measure, no PIN holder shall knowingly authorize or permit his or her PIN to be used by anyone other than authorized attorneys or employees of the attorney’s law firm or designated co-counsel, where it has been established in writing by the PIN holder that designated counsel may file documents on behalf of the assigning.

CRITICAL

The e-filer’s username and password serve as the signature on each e-filed document and authorize payment of applicable filing and service fees.

This username and password shall also function as a signature on each e-filed document, as provided in Rule 9, and will authorize payment of all filing fees and service fees, if any, as provided in Rule 10.

CRITICAL

Documents for more than one case submitted in a single transaction will be rejected.

Documents in more than one case submitted in a single transaction will be rejected.

CRITICAL

Applies to

Physical item

Items unsuitable for electronic filing, including sealed documents and physical exhibits that cannot be adequately imaged, must be filed in physical form at the location directed by court order.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s Office or in the Courtroom, as directed by order of the Court.

CRITICAL

Applies to

Document requiring statutory filing fee

A document requiring a statutory filing fee to achieve valid filing status must be filed electronically in the same manner as any other e-filed document.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICALCriminal cases

Applies to

Motion to continue

A lawyer may submit a motion to continue by email to the Court and the State's Attorney, and the Court will cause it to be filed.

- 2. Email to the Court at pbalfeld@co.madison.il.us and to the State's Attorney at sbtwilliams@co.madison.il.us a Motion to Continue and proposed Order and the Court will cause the motion to be filed and the order entered.

CRITICAL

A user must not knowingly allow anyone other than court- or clerk-designated staff to use the Clerk’s PIN.

No PIN user shall knowingly authorize or permit the Clerk’s PIN to be used by anyone other than staff members designated by the Court or the Clerk of the Court.

CRITICAL

E-filers must register through the provider’s website and provide the requested information, including a secure username and password.

Registration for e-filers shall be available on the e-filing provider’s website. The registrant shall provide the e-filing provider the requested registration information, including a secure username and password to use when e-filing a document.

CRITICAL

Applies to

Electronic document

An accepted electronic filing must receive a visible electronic file stamp containing the stated court, clerk, filing date and time, and “FILED”; an electronic document is not officially filed without the stamp.

Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp. The file stamp will be applied by the deputy clerk accepting the filing and shall set forth the Third Judicial Circuit Court, Madison County, the name and office of the clerk and the official date and time of filing, and contain the word “FILED”. This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronic documents are not officially filed without the electronic filing stamp. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.

CRITICAL

The Circuit Clerk was to gradually mandate e-filing before January 1, 2018.

E-File Circuit Clerk will gradually mandate efiling before January 1, 2018 date (July 28,2017)

CRITICAL

Applies to

Document requiring statutory filing fee

A document requiring a statutory filing fee to achieve valid filing status must be filed electronically in the same manner as other e-file documents.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

CRITICAL

After receiving a properly executed subscriber agreement and written notice to the Clerk, the vendor assigns a confidential PIN that the subscriber must use for e-filing and related case-document activity.

Upon receipt by the Vendor of a properly executed E-file Subscriber Agreement, and notification to the Clerk of the Circuit Court in writing, the vendor shall assign to the Subscriber a confidential Personal Identification Number (PIN). The Subscriber shall use this PIN to file, serve, receive, review and retrieve electronically filed pleadings, orders and other documents in an assigned case.

CRITICAL

Electronic filing is mandatory in civil cases under this order.

M.R. 18368 Mandatory Electronic Filing in Civil Cases

CRITICAL

Appellate and post-judgment enforcement documents and notices must be filed conventionally rather than electronically.

All appellate and post-judgment enforcement proceeding documents and notices shall be filed and served in the conventional manner and not by means of e-filing.

CRITICAL

Confidential, impounded, and sealed documents must be filed conventionally, but motions for leave to file under seal may be e-filed and designated as such.

Confidential, impounded and sealed documents shall be submitted conventionally to the clerk's office for filing; however, motions for leave to file a document under seal may be e-filed and designated as such at the time of e-filing.

CRITICAL

Applies to

Order

Orders issued by the Presiding Judge must be e-filed.

Orders issued by the Presiding Judge shall bear a typographic or electronic signature and an official e-filing court stamp, and shall be e-filed

CRITICALCriminal cases

Applies to

Continuance request

A lawyer may submit an email continuance request when time constraints or an emergency prevent a formal motion, and the Court will file a copy of the email with the blue sheet.

- 3. At a minimum, if a lawyer is unable to file a formal motion because of time constraints/emergency, the Court will accept a brief email requesting a continuance and will file a copy of that email along with the "blue sheet".

CRITICAL

A person filing electronically is responsible for ensuring the document is complete, readable, and properly filed, just as with conventional filing.

A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.

CRITICAL

Applies to

Physical items

Items not suitable for electronic filing, including sealed documents and certain physical exhibits, must be filed in physical form at the location directed by court order.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s Office or in the Courtroom, as directed by order of the Court.

WARNING

Multiple documents may be e-filed in one transaction, but each must be uploaded separately and all must be for the same case.

Multiple documents may be e-filed in a single transaction. However, each document shall be uploaded separately in the same transaction and shall apply to the same case.

WARNING

The vendor must assign a confidential PIN to a subscriber after receiving a properly executed agreement and written notification to the Clerk.

Upon receipt by the Vendor of a properly executed E-file Subscriber Agreement, and notification to the Clerk of the Circuit Court in writing, the vendor shall assign to the Subscriber a confidential Personal Identification Number (PIN).

WARNING

A subscriber must use the assigned PIN to file, serve, receive, review, and retrieve electronic case documents.

The Subscriber shall use this PIN to file, serve, receive, review and retrieve electronically filed pleadings, orders and other documents in an assigned case.

WARNING

The Clerk’s office may reject an e-filed document that does not conform to the Rule.

The Clerk’s office may reject an e-filed document for nonconformance with this Rule.

WARNING

The Clerk’s PIN may not knowingly be authorized for use by anyone other than designated Court or Clerk staff.

No PIN user shall knowingly authorize or permit the Clerk’s PIN to be used by anyone other than staff members designated by the Court or the Clerk of the Court.

WARNING

A PIN holder must not knowingly permit unauthorized use of the PIN; designated co-counsel may use it when the holder has established that authorization in writing.

As a minimum security measure, no PIN holder shall knowingly authorize or permit his or her PIN to be used by anyone other than authorized attorneys or employees of the attorney’s law firm or designated co-counsel, where it has been established in writing by the PIN holder that designated counsel may file documents on behalf of the assigning.

WARNING

The Vendor must confirm receipt and submission with the time and date, notify the Subscriber if the Clerk does not accept a document, and the Subscriber may have to refile it.

Upon receipt by the Vendor, and submission of an electronic document to the Clerk, the Vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt, and serve as proof that the document has been submitted to the Clerk. A subscriber will receive notification from the Vendor if a document is not accepted by the Clerk’s office. In that event, the Subscriber may be required to re-file the document to meet necessary filing requirements.

INFO

Applies to

Motion and notice of motion

In e-file cases, the motion and notice of motion seeking permission to file physical items may be filed electronically.

The Motion and Notice of Motion for permission to file any of these physical items may be done electronically in e-file cases.

INFO

Applies to

Court notice

In an e-file case, the Court may issue e-filing notices and other documents electronically through the Clerk.

The Court, through the Clerk of the Court, may issue e-filing notices and other documents electronically in an e-file case.

INFO

A valid pleading may be filed in conventional paper format instead of electronically under these procedures.

At no time shall this pilot program prevent or exclude the ability to file any valid pleading with the Clerk of the Third Judicial Circuit Court. Any document which may be filed under these procedures may instead be filed with the Clerk of the Circuit Court in conventional paper format.

INFO

Civil case types that are originally filed as such may be filed electronically.

This Court hereby authorizes civil case types that are originally filed as such, as permissible electronic filing case types.

INFO

Pro-se or other parties may utilize e-filing through a Vendor on the Internet by means of

Pro-se or other parties may utilize e-filing through a Vendor on the Internet by means of

INFO

During normal business hours, eligible non-subscribers may use the e-file workstation without charge and must be given a temporary confidential PIN and reasonable time to file.

Without charge during normal business hours, the Clerk of the Circuit Court shall provide attorneys and parties in e-file cases access to an e-file computer workstation. Any attorney or party of a designated e-file case who is not a Subscriber that requests to file a document shall be given a temporary confidential Personal Identification Number (PIN), and allowed to spend a reasonable time at the workstation in connection with e-filing cases.

INFO

The Court may, in its discretion, direct that certain documents be filed conventionally.

The Court in its discretion may deem that certain documents may be filed in a conventional manner.

INFO

Applies to

Motion and notice of motion

In e-file cases, the motion and notice of motion requesting permission to file physical items may be filed electronically.

The Motion and Notice of Motion for permission to file any of these physical items may be done electronically in e-file cases.

INFO

The Court may, in its discretion, allow certain documents to be filed conventionally.

The Court in its discretion may deem that certain documents may be filed in a conventional manner.

INFO

Applies to

E filing notices and other documents

The Court, through the Clerk, may issue e-filing notices and other documents electronically in an e-file case.

The Court, through the Clerk of the Court, may issue e-filing notices and other documents electronically in an e-file case.

INFO

Electronic filing is authorized in designated cases, and the Clerk may accept later filings electronically through an approved Vendor or the Clerk’s workstation once a case becomes an e-file case.

For the purposes of this pilot project, the Circuit Court hereby authorizes electronic filing in each of the designated cases as identified in Rule 2 Designation of Electronic Filing Case Types, of this Part 7. Once a case becomes an e-file case, the Clerk of the Circuit Court may accept subsequent filings electronically through an approved Vendor or through the Clerk’s computer workstation.

INFO

Applies to

Physical item

Physical items for which a photograph can be substituted may be imaged and filed electronically.

Physical items for which a photograph may be substituted may be electronically imaged and e-filed.

INFO

E-filing is approved for civil case types filed in the Madison County Circuit Clerk’s office.

By the issuance of Order Number M.R. 18368, the Illinois Supreme Court has approved e-filing for civil case types filed in the Madison County Circuit Clerk’s office in the Third Judicial Circuit Court.

INFO

Attorneys and parties in e-file cases may use the Clerk’s workstation without charge during normal business hours; a non-subscriber who requests to file must receive a temporary confidential PIN and reasonable workstation time.

Without charge during normal business hours, the Clerk of the Circuit Court shall provide attorneys and parties in e-file cases access to an e-file computer workstation. Any attorney or party of a designated e-file case who is not a Subscriber that requests to file a document shall be given a temporary confidential Personal Identification Number (PIN), and allowed to spend a reasonable amount of time at the workstation in connection with e-filing cases.

INFO

Electronic filing is permitted for originally filed Asbestos, L, and AR cases; additional case types may be authorized with the specified approval and written order.

This Court hereby authorizes Asbestos cases, L (Law over $50,000) cases, and AR cases that are originally filed as such, as permissible electronic filing case types. From time to time, with the approval of the Director of the Administrative Office of the Illinois Courts, the Court may authorize, by written Administrative Order, additional types of cases to be processed via electronic filing. The Circuit Court Clerk shall direct the phasing in of initial implementation.

INFO

Applies to

Appellate and post judgment enforcement documents and notices

Appellate and post-judgment enforcement documents and notices may be filed conventionally or electronically.

All appellate and post-judgment enforcement proceeding documents and notices may be filed and served in the conventional manner or by means of e-filing.

INFO

Court partner agency users may e-file and access e-filed documents using their court case management system credentials, which the Clerk assigns and maintains.

Court partner agency users may e-file documents and access e-filed documents with the same username and password required to access the Clerk’s integrated court case management system. Court partner agency user names and passwords are assigned and maintained by Clerk of the Circuit Court.

INFO

Self-represented and other parties may e-file over the Internet using individual transactional agreements and credit card payment.

Pro-se or other parties may utilize e-filing through on the Internet by means of individual transactional agreements and credit card payment.

INFO

A new Asbestos, L, or AR case becomes eligible for e-filing when a complaint or answer is filed electronically, or all parties agree in writing to include a pending case.

On or after the effective date, each new Asbestos, L or AR case shall become eligible to be an e-file case when a Plaintiff files a complaint electronically or a Defendant files an answer electronically or when all of the parties to an Asbestos, L or AR case stipulate by written agreement to the submission of a pending case for inclusion in the e-filing pilot program.