Circuit Court of Marshall County, Illinois (10th Judicial Circuit) Document Filing Requirements

CRITICALCivil cases

Applies to

Petition for leave to receive

(2) Such representative or attorney-in-fact shall present ..flk_his petition for leave to receive in the form prescribed by the court and furnished by the clerk with the Clerk o(the Court.

(2) Such representative or attorney-in-fact shall present ..flk_his petition for leave to receive in the form prescribed by the court and furnished by the clerk with the Clerk o(the Court.

CRITICALCivil cases

Applies to

Receipt

The representative or attorney-in-fact must provide a written receipt and certify on it that their authority has not been revoked.

(4) Such representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the legal representative, and he shall certify on said receipt that his authority to receive the distributive share has not been revoked.

CRITICAL

Applies to

Filed document

Must include

case number

When an action or proceeding begins, the clerk assigns a general number for endorsement on filed documents; it identifies the year, prescribed case identification, and consecutive number, while pending matters retain their assigned numbers.

When an action or proceeding is commenced, the circuit clerk shall give the filing a general number which shall be endorsed on all pleadings, notices, orders, and other documents filed therein. Such numbering shall indicate the year in which such action or proceeding was commenced, the case identification prescribed by the Administrative Office of the Illinois Courts, and its consecutive general number. Pending actions or proceedings shall continue under the numbers heretofore assigned.

CRITICALCivil cases

Applies to

Evidence of authority

A representative, attorney-in-fact, or assignee must present evidence of entitlement and authority; a power of attorney or assignment must be signed and authenticated unless the court accepts other evidence.

(1) Such representative or attorney-in-fact or assignee shall present satisfactory evidence to the court that his principal is, in fact, the person entitled to receive such distributive share and that such representative or attorney-in-fact or assignee has been duly authorized, by treaty or power of attorney or assignment, to receive said distributive share. Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before the American Counsel of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence of the genuineness or validity of the power of attorney or assignment.

CRITICAL

Applies to

Brief

Each party must file a brief complying with Illinois Supreme Court Rule 341, and the plaintiff’s brief must include a brief statement of the circuit court’s jurisdiction.

Each party shall prepare and file a brief in compliance with Ill. Sup. Court R. 341 including a brief statement by plaintiff of the circuit court's jurisdiction.

CRITICAL

Applies to

Voucher

The legal representative must file the receipt and certificate with the vouchers.

The legal representative shall file said receipt and certificate with his vouchers.

CRITICAL

Applies to

Complaint

An application for review of an administrative agency decision must be brought by filing a complaint with the clerk.

Applications seeking review from an administrative agency’s decision, including administrative review under 735 ILCS 5/3-101 and under the Illinois Workers' Compensation Act, shall be made by filing a complaint with the clerk of the court and service of process as provided by law.

CRITICAL

Applies to

Receipt

A representative or attorney-in-fact must provide a written receipt for the share and certify on it that the authority to receive the share has not been revoked.

Such representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the legal representative, and he shall certify on said receipt that his authority to receive the distributive share has not been revoked.

CRITICALCivil cases

Applies to

Bond

Unless excused, the representative or attorney-in-fact must file a court-prescribed bond with sureties in an amount set by the court, conditioned on payment and delivery of the share to the distributee.

(3) Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be m form prescribed by the court and furnished by the clerk filed with the Clerk of the Court and shall be conditioned upon the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Notice

Notice of the specified account hearings must be written and accompanied by a copy of the account unless notice is by publication.

Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.

CRITICALCivil cases

Applies to

Vouchers

The legal representative must file the receipt and certificate with the vouchers.

The legal representative shall file said receipt and certificate with his vouchers.

CRITICAL

Applies to

Case management conference notice

In civil cases other than the stated domestic-relations exception, the clerk must affix the specified case-management notice, including the instruction to schedule a conference within 35 days when a defendant answers more than 35 days before the set date.

In all other civil cases (excepting domestic relations court cases where a notice form is provided for in 10th Cir. R. 44), the circuit clerk shall affix the following information: THIS CASE IS SET FOR A CASE MANAGEMENT CONFERENCE ON , 20 , AT A.M./P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. IF A DEFENDANT ANSWERS MORE THAN 35 DAYS BEFORE THIS DATE, THEN THE PARTIES SHALL SCHEDULE A CASE MANAGEMENT CONFERENCE WITHIN 35 DAYS OF THE DATE THE ANSWER IS FILED.

CRITICAL

Applies to

Order of denial

When a motion heard without prior notice is denied, an order of denial must be entered of record.

If a motion heard without prior notice is denied, an order of the denial shall entered of record

CRITICAL

Applies to

Inventory

A description of stock certificates must state the number and class of shares and the exact corporate title.

Descriptions of certificates of stock shall include the number of shares and class of shares and the exact corporate title.

CRITICALCivil cases

Applies to

Proposed written interrogatories

Proposed written interrogatories must be filed before the hearing.

Proposed written interrogatories shall be filed prior to the hearing.

CRITICAL

Applies to

Guardian petition for ward expenses

The guardian’s petition must disclose whether the petitioner or another person receives governmental or charitable assistance and must state income from any source.

The petition shall state whether or not the petitioner or any other person is receiving any relief or assistance from the Social Security Administration, Veterans' Administration, or any other governmental entity as well as from any charitable organization or entity, and any income from any source.

CRITICAL

Applies to

Written appearance

A party or attorney must file a written appearance in every case, which may be incorporated into another filing and must identify the appearing party and include the required contact and attorney information.

A written appearance shall be filed in every case by a party or an attorney provided that the appearance may be incorporated in the document being filed. The appearance shall contain the name of the attorney, firm name, if any, address, phone number, email address, facsimile number, ARDC number of the attorney filling the appearance, and shall identify the party(s) for whom the appearance is being filed. A party representing himself shall file a written appearance and include name, address, phone number, and email address.

CRITICAL

Applies to

Bond

A bond using a corporate or association surety licensed in Illinois will be approved only if the surety files a certified copy of its license with the court clerk.

Bonds with corporation or association licensed to transact surety business in the State of Illinois as surety will be approved only if the surety has filed with the clerk of the court a certified copy of the license issued to the surety by the Director of Insurance.

CRITICAL

Applies to

Mediation confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

(c) Prior to the commencement of mediation, all participants in the mediation shall sign a confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Mediation agreement account

When the parties reach an agreement or partial agreement in mediation, the mediator must give the parties and their attorneys a written account and must not provide that account to the court.

(b) When an agreement or partial agreement is reached by the parties during mediation, the mediator shall provide a written account of the agreements to the parties and their attorneys (if any), but the mediator shall not provide this written account to the court.

CRITICAL

Applies to

Petition

A representative or attorney-in-fact must submit a petition for leave to receive the distributive share using the form prescribed by the court and furnished by the clerk.

Such representative or attorney-in-fact shall present his petition for leave to receive in the form prescribed by the court and furnished by the clerk.

CRITICALCivil cases

Applies to

Petition for ascertainment and declaration of heirship or dependency

If no probate or administration petition has been filed, a petition for ascertainment and declaration of heirship or dependency must state the petitioner’s and attorney’s names and addresses, the decedent’s residence and death details, and the heirs’ names, addresses, and minor or incompetent status.

(b) When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.

CRITICAL

Applies to

Motion

A motion in a case governed by the Illinois Rules of Criminal Procedure must include a notice providing an actual hearing date or a hearing at which the motion will be scheduled.

In any case where the Illinois Rules of Criminal Procedure are applicable, any motion filed must include a notice of hearing. The notice of hearing must provide for either an actual hearing date for the motion being filed or a hearing where the motion will be scheduled to be heard.

CRITICAL

Applies to

Petition for leave to settle

A petition for leave to settle the specified personal-injury or wrongful-death claim must be executed by the legal representative or another interested person.

Each petition for leave to settle a cause of action for personal injuries sustained by a ward or a cause of action for the wrongful death of a person whose estate is in the course of administration shall be executed by the legal representative or any other interested person.

CRITICAL

Applies to

Notice of hearing

The written notice of a motion hearing must state the hearing time, date, and place.

Except in actions appearing on the daily trial call or during the course of trial, or as provided by statute, written notice of the hearing of all motions giving time, date and place of hearing, shall be given to all parties who have appeared and who have not been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.

CRITICAL

Applies to

Written notice of hearing

Written notice after a qualifying hearing must identify the action, judge, hearing date, and ruling.

written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon

CRITICAL

Applies to

Notice of hearing or deposition

Signing a hearing or deposition notice constitutes the party’s certification that the coordination rule was followed.

The signing of a notice of hearing or notice of deposition shall constitute the party’s certification of compliance with this rule.

CRITICALCivil cases

Applies to

Account

An administrator's or executor's account must report any unreported change in the identity of persons entitled to a distributive share.

Each administrator's or executor's account shall state any change in the identity of the parties entitled to a distributive share of the estate which change has occurred and has not theretofore been reported to the court.

CRITICAL

Applies to

Claim

A claim founded on a written instrument must be accompanied by a copy of that instrument.

Each claim that is founded upon a written instrument shall be accompanied by a copy of the written instrument.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

In a qualifying rule-to-show-cause proceeding, the petitioner must file the mandatory form titled Affidavit of Amount Due on Order to Show Cause.

the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause

CRITICAL

Applies to

Bond

Unless excused by the court, a representative or attorney-in-fact must furnish a court-set bond with sureties, in the court-prescribed form, conditioned on payment and delivery of the share to the distributee.

Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be in form prescribed by the court and furnished by the clerk and shall be conditioned upon the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Evidence

A representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the distributive share and that the filer is authorized to receive it.

Such representative or attorney-in-fact or assignee shall present satisfactory evidence to the court that his principal is, in fact, the person entitled to receive such distributive share and that such representative or attorney-in-fact or assignee has been duly authorized, by treaty or power of attorney or assignment, to receive said distributive share.

CRITICAL

Applies to

Notice of hearing

A motion hearing notice must include the specified case, court, motion, filing, service, and hearing-time information; it must also address service of accompanying documents and be separate from the motion.

The notice of hearing shall include: (1) the title and number of the action, (2) the court in which the motion shall be heard, (3) the complete title of the motion, (4) the date of filing of the motion, (5) the date when the motion was previously served or that the motion is being served with the notice, and, (6) if applicable, the amount of court time reserved for hearing on the motion(s). Copies of all documents presented to the court with the motion shall be served with the notice or the notice shall state that copies have been served. The notice shall be made on a document separate from any motions presented.

CRITICAL

Applies to

Petition for leave to settle

The representative’s attorney must include a written certification in the petition that the proposed settlement is just and proper based on the applicable facts and law.

The attorney for the representative shall certify in writing as a part of the petition that in his opinion, based upon the facts and law applicable thereto, the proposed settlement is just and proper.

CRITICAL

Applies to

Inventory

The inventory must give the legal description and, if any, the street and number of each parcel of real estate.

The inventory shall include the legal description of each parcel of real estate, and the street and number, if any.

CRITICAL

Applies to

Written account

When the court finds a party entitled to an accounting, every party obligated to account must file a written account as ordered.

In an accounting action if the court finds a party is entitled to an accounting, it shall order all parties obligated to account to file written accounts.

CRITICALCivil cases

Applies to

Notice of hearing

The notice must state the hearing's time, place, and nature and substantially include the specified statement about the account's binding effect.

The notice shall contain the time, place and nature of the hearing and substantially the following sentence: "If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."

CRITICALCivil cases

Applies to

Address

An executor, administrator, or guardian must file an address with the clerk when subscribing the oath and record address changes during administration.

Each executor, administrator or guardian shall file his address with the clerk at the time of subscribing his oath and shall record with the clerk any changes in his address taking place during the period of administration.

CRITICAL

Applies to

Written accounting

A written accounting must be verified on oath unless the court excuses verification.

A written accounting shall be verified on oath unless excused by the court.

CRITICAL

Applies to

Written interrogatories

Proposed written interrogatories must be filed before the hearing.

Proposed written interrogatories shall be filed prior to the hearing.

CRITICAL

Applies to

Account

An administrator’s or executor’s account must report any unreported change in the identity of persons entitled to an estate share.

Each administrator’s or executor’s account shall state any change in the identity of the parties entitled to a distributive share of the estate which change has occurred and has not theretofore been reported to the court.

CRITICAL

Applies to

Jury admonishment and instruction

When extended media coverage is approved for a criminal or civil trial, the presiding judge must give the jury admonishment and instruction specified in Section 6.0 of the Policy.

In all criminal or civil trials where extended media coverage has been approved, the presiding judge shall give the jury admonishment and jury instruction as set forth in Section 6.0 of the Policy.

CRITICAL

Applies to

Written instrument

If a claim is allowed, the allowance must be noted on the original instrument.

If the claim is allowed, a notation of the allowance shall be made on the original instrument.

CRITICAL

Applies to

Affidavit

The executor or administrator must file an affidavit stating that the person’s name or residence is unknown and cannot be ascertained through due diligence.

Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect shall be filed with the clerk of this court by said executor or administrator, then notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in this county at least 20 days prior to the date of the hearing.

CRITICALCivil cases

Applies to

Report of compliance

The submission must include a report of compliance and a receipt or voucher evidencing payment and delivery to the distributee.

(5) Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.

CRITICAL

Applies to

Objection

Objections to an accounting must be written and timely filed to avoid waiver.

Within a time fixed by the court, any party to an accounting action may file specific written objections to the form or substance of the accounting filed, requesting specific relief, such as, for example, a money judgment, an injunction, removal from office, or a more detailed statement of accounts. Any objections not reduced to writing and timely filed are waived.

CRITICAL

Early distribution authority requires filing the inventory, approval and filing of a current account, and payment of all accrued costs.

Authority under Section 24-4(a) of the Probate Act to an executor or administrator to pay all or part of the distributive share to a distributee before the expiration of six months after the issuance of letters will be granted only after the filing of the inventory, the approval and filing of a current account, and the payment of all accrued costs.

CRITICAL

Applies to

Affidavit of amount due on order to show cause

In the specified failure-to-pay proceedings, the petitioner must file the mandatory Affidavit of Amount Due on Order to Show Cause and serve it with the petition.

In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition.

CRITICAL

Applies to

Address filing

An executor, administrator, or guardian must file an address with the clerk when subscribing the oath and record address changes during administration.

Each executor, administrator or guardian shall file his address with the clerk at the time of subscribing his oath and shall record with the clerk any changes in his address taking place during the period of administration.

CRITICAL

Applies to

Child mediation participation consent

Children may participate in mediation only with the written consent of all parties and the mediator, and any appointed guardian ad litem, child representative, or child’s attorney must also agree in writing.

10. Advise each party that children may be allowed to participate in mediation so long as all parties and the mediator consent to said participation in writing. If a guardian ad litem, child representative, or attorney for the child has been appointed, that person must agree in writing.

CRITICAL

Applies to

Inventory

A bond description must include its face value, obligor, type, interest rate, maturity date, coupon or interest-payment information, and any endorsements.

Descriptions of bonds shall include the total face value, the name of the obligor, the kind of bond, the rate of interest, the date of maturity, the coupons attached or the date to which interest is paid and the endorsements, if any.

CRITICAL

Applies to

Courthouse policy

Each courthouse’s policy must include the rules in paragraphs (d)(1) and (d)(2), subject to the restrictions in paragraphs (d)(3)–(6).

Every courthouse’s policy shall include the following rules detailed in paragraphs (d)(1) and (d)(2) subject to the restrictions of paragraphs (d)(3)-(6):

CRITICAL

Applies to

Notice

The notice must identify the hearing’s time, place, and nature and include the specified binding-effect warning substantially as written.

The notice shall contain the time, place and nature of the hearing and substantially the following sentence: “If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”

CRITICAL

Applies to

Party objection

A party's written objection must state the reasons for the objection.

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

CRITICAL

Applies to

Court order standing order or local rule

Every Illinois courthouse must issue and publish an order or local rule allowing Portable Electronic Devices subject to screening.

Every courthouse in Illinois shall issue and publish a court order, standing order, or local rule allowing Portable Electronic Devices, subject to screening, including through courthouse screening devices.

CRITICAL

Applies to

Voucher or receipt

If the share is not paid and delivered within 90 days or a court-granted extension, it must be deposited with the county treasurer, and the representative or attorney-in-fact must produce and file proof of the deposit with the court.

In the event of the failure, refusal or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the distributee lawfully entitled thereto within said ninety days (or any extension thereof granted by the court during the said ninety day period), the distributive share shall be deposited with the county treasurer subject to the further order of the court and presentation of voucher or receipt of the county treasurer evidencing the deposit of said distributive share shall be produced and filed in the court by the representative or attorney-in-fact, whereupon he shall be discharged from further duty.

CRITICAL

Applies to

Financial affidavit

All parties in the specified cases involving economic issues must file a mandatory-form financial affidavit.

In any case filed pursuant to the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act wherein economic issues arise, a mandatory form financial affidavit shall be filed by all parties.

CRITICAL

Applies to

Objection

Objections to accounts, reports, awards, and similar matters must be written and state every ground for objection.

Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.

CRITICAL

Applies to

Inventory

Each cause-of-action description must identify the person against whom it is asserted, its nature, and, if suit has been filed, the suit title, court, and general number.

The description of each cause of action shall include the name of the person against whom the cause of action exists or is asserted, the nature of the cause of action and, if suit has been instituted, the title of the suit, the name of the court in which it is pending, and the general number.

CRITICALCivil cases

Applies to

Petition for admission of will or letters of administration

A petition for admission of a will to probate or for letters of administration must be filed substantially in the court-prescribed form furnished by the clerk.

(a) Each petition for admission of a will to probate or for letters of administration shall be filed substantially in the form prescribed by the court and furnished by the clerk with the Clerk of the Court.

CRITICALCivil cases

Applies to

Distribution before six months

Early distribution before six months after letters requires filing the inventory, approval and filing of a current account, and payment of all accrued costs.

Authority under Section 24-4(a) of the Probate Act to an executor or administrator to pay all or part of the distributive share to a distributee before the expiration of six months after the issuance of letters will be granted only after the filing of the inventory, the approval and filing of a current account, and the payment of all accrued costs.

CRITICALCivil cases

Applies to

Financial affidavit

In qualifying cases involving economic issues, all parties must file a mandatory-form financial affidavit.

In any case filed pursuant to the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act wherein economic issues arise, a mandatory form fmancial affidavit shall be filed by all parties.

CRITICALCriminal cases

Applies to

Expungement or sealing request

Must include

proposed order, certificate of service

A request to expunge or seal records must include the request, a circuit-clerk certificate of service, and a proposed order.

When filing a request to expunge or seal records, a requester shall file the request, a certificate of service by the circuit clerk, and a proposed order to expunge and or seal.

CRITICAL

Applies to

Continuing education certification

An attorney must complete five hours of approved continuing education within two years of initial list placement and submit course certification to the chief circuit judge or judicial coordinator.

The attorney shall complete 5 (five) hours of the aforesaid continuing education within two (2) years from initial placement upon the approved 10th Judicial Circuit list and submit certification of the courses to the chief circuit judge or judicial coordinator.

CRITICALCivil cases

Applies to

Notice of hearing

Account-hearing notice must be written and include a copy of the account unless notice is given by publication.

Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.

CRITICAL

Applies to

Motion

A person assured by a court bond may request by motion that the sureties justify, and the motion must include an affidavit stating the grounds, manner of inquiry, and facts ascertained.

Any person assured by a bond executed in this court may by motion request the sureties to justify. The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry, and the facts ascertained.

CRITICAL

Applies to

Answer or pleading

Other parties must answer or otherwise plead to accounting objections within the time fixed by the court.

If objections to a written accounting are filed, within a time fixed by the court all other parties shall file answers or otherwise plead to the objections filed, thereby placing the cause at issue for a trial on the merits of the objections.

CRITICALCivil cases

Applies to

Objections

Objections to accounts, reports, and awards must be written and specify every ground of objection.

Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.

CRITICAL

Applies to

Petition for settlement

A petition to settle on behalf of a minor or incompetent must include a filed report from the attending physician or surgeon stating the nature and extent of the injury.

No settlement on behalf of a minor or incompetent will be authorized unless a report of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury,

CRITICAL

Applies to

Inventory

A note description must include its amount and unpaid balance, dates, maker, interest information, endorsements, and, if secured, a description of the security.

Descriptions of notes shall include the face amount and unpaid balance, the date of note, the date of maturity, the name of the maker, the rate of interest, the date to which interest is paid, the endorsements, if any and if secured, a description of the security.

CRITICALCivil cases

Applies to

Distribution before six months

For early distribution, evidence must show that all allowed claims are paid or that sufficient funds are available to pay all claims and make the distribution.

Evidence shall be presented to the court that all allowed claims have been paid or that there is sufficient money on hand to pay all claims against the estate and to warrant distribution.

CRITICAL

Applies to

Motion

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

Application. 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

Report of compliance

The compliance report must be accompanied by a receipt or voucher evidencing payment and delivery of the share to the person legally entitled to it.

Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.

CRITICAL

Applies to

Final settlement

At final settlement when the ward is entitled to the estate, the guardian must present the ward’s executed receipt in full and entry of appearance waiving notice of hearing to be discharged.

On the final settlement of a ward’s estate when the person entitled to the estate is the ward, the guardian will not be discharged unless the guardian exhibits to the court a receipt in full and entry of appearance waiving notice of hearing executed by the ward.

CRITICALCivil cases

Applies to

Financial affidavit

A party seeking support for a non-minor child must also file a financial affidavit on the child's behalf.

If a party is seeking support for a non-minor child, that party shall also file a financial affidavit on behalf of the non-minor child.

CRITICAL

Applies to

Written accounting

A written accounting must identify each receipt and disbursement by date and payor or payee, explain each transaction sufficiently to justify it, state assets at the beginning and end of the accounting period, and include any further information the court requires.

A written accounting shall identify receipts and disbursements by naming the date and payor or payee of each transaction, a sufficient statement of the purpose or facts surrounding each transaction to constitute justification, the assets on hand at the beginning and at the end of the period of accounting, and shall contain such other and further information as the court requires.

CRITICAL

Applies to

Written instrument

The original written instrument must be shown to the court at the hearing unless it is lost or destroyed.

Unless the original is lost or destroyed, it shall be exhibited to the court at the hearing.

CRITICAL

Applies to

Demand

A demand for payment or delivery of property must be made in writing and served on the executor, administrator, or guardian.

Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.

CRITICAL

Applies to

Financial affidavit

A party seeking support for a non-minor child must also file a financial affidavit on the child's behalf.

If a party is seeking support for a non-minor child, that party shall also file a financial affidavit on behalf of the non-minor child.

CRITICAL

Applies to

Party objection

A party objection must use the Illinois Supreme Court-authorized objection form.

The objection shall be submitted using the Objection of Party to Request for Extended Media Coverage form authorized by the Illinois Supreme Court (Appendix B of the Policy).

CRITICAL

Applies to

Guardian petition for ward expenses

A guardian’s petition to use a substantial part of the ward’s estate for the specified purposes must state the estate’s value at filing, the ward’s available annual income, and the amount of any last authorization for the same purpose.

Each guardian's petition to apply any substantial part of the ward's estate for the comfort, support or education of the ward or other persons entitled to support from the ward, shall state the value of the estate at the time the petition is being filed, the annual income available to the ward and the amount of the last authorization for the expenditure on behalf of said ward for the same purpose, if any.

CRITICALCivil cases

Applies to

County treasurer receipt or voucher

If the share is not paid and delivered within the applicable 90-day period, it must be deposited with the county treasurer, and the representative or attorney-in-fact must file the treasurer’s receipt or voucher with the court.

(6) In the event of the failure, refusal or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the distributee lawfully entitled thereto within said ninety days (or any extension thereof granted by the court during the said ninety day period), the distributive share shall be deposited with the county treasurer subject to the further order of the court and presentation of voucher or receipt of the county treasurer evidencing the deposit of said distributive share shall be produced and filed in the court by the representative or attorney-in-fact, whereupon he shall be discharged from further duty.

CRITICAL

Applies to

Evidence

Evidence must be presented that all allowed claims have been paid or that sufficient funds remain to pay all claims and permit distribution.

Evidence shall be presented to the court that all allowed claims have been paid or that there is sufficient money on hand to pay all claims against the estate and to warrant distribution.

CRITICAL

Applies to

Power of attorney or assignment

A power of attorney or assignment must be signed by the distributee and properly authenticated and acknowledged before the American Counsel in the distributee’s jurisdiction, unless the court is satisfied by other evidence of its genuineness or validity.

Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before the American Counsel of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence of the genuineness or validity of the power of attorney or assignment.

CRITICAL

Applies to

Bond paperwork

Bond paperwork must be processed and sent to the Courthouse.

The bond paperwork must continue to be processed and sent to the Courthouse.

CRITICAL

Applies to

Petition for heirship or dependency

When no probate or administration petition has been filed, a petition for ascertainment and declaration of heirship or dependency must include the specified petitioner, decedent, death, and heir information.

When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.

CRITICAL

Applies to

Witness objection

A witness objection must use the Illinois Supreme Court-authorized witness objection form.

The objection shall be submitted using the Objection of Witness to Request for Extended Media Coverage of Testimony form authorized by the Illinois Supreme Court (Appendix C of the Policy).

CRITICAL

Applies to

Extended media coverage request

A coverage request must use the Illinois Supreme Court-authorized Extended Media Coverage Request Form.

The request shall be submitted using the Extended Media Coverage Request Form authorized by the Illinois Supreme Court (Appendix A of the Policy).

CRITICALCivil cases

Applies to

Addendum

In a dissolution proceeding involving a property issue, an addendum or equivalent documentation must be filed and should describe the property and debts, the basis of each claim, and the value of each item over $1,000.

In a Dissolution of Marriage proceeding when there is any issue involving property, including debt allowance or spousal maintenance, an addendum (or equivalent additional documentation) must be filed Documentation should include description ofall marital and nonmarital property and debt-- including the basis ofsuch claim and the values of each item ofproperty or debt greater than $1.000.

CRITICAL

Applies to

Final account

A final estate account must be verified and include statements and receipts addressing court costs, claims, and assessed Illinois and federal estate taxes.

No final account of any estate shall be approved unless it shall be verified and shall include: (1) A statement that all court costs have been paid. (2) A statement that all claims filed have been allowed or dismissed, together with a list of claims allowed and not yet shown paid of record. (3) Receipts of claimants showing paid claims which have been allowed. (4) A statement that Illinois Estate Tax which has been assessed has been paid or adequate provision has been made for its payment. (5) A statement that Federal Estate Tax which has been assessed has been paid or adequate provision has been made for its payment.

CRITICAL

Applies to

Petition

A petition seeking distribution authority must state if an heir or legatee is a minor, has died, or has been adjudicated a disabled adult.

If an heir at law of an intestate or legatee of a testate estate shall be a minor or shall die or be adjudicated a disabled adult, such fact shall be set forth in any petition requesting authority to make distribution.

CRITICAL

Applies to

Pleading

A pleading involving a child custody proceeding must place the capitalized words “CHILD CUSTODY PROCEEDING” under its title.

A pleading involving a child custody proceeding must indicate in capital letters, under the title of the pleading, the following language: CHILD CUSTODY PROCEEDING.

CRITICAL

Applies to

Petition

The circuit clerk must attach the prescribed case-management notice, including its attendance warning and parent-education requirement, to the petition and every copy.

The circuit clerk is to attach the following notice to the petition and all copies of the petition: THE CASE MANAGEMENT CONFERENCE IS SET FOR , 20 AT A.M. / P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. FAILURE TO ATTEND MAY RESULT IN A DEFAULT JUDGMENT AGAINST YOU FOR THE RELIEF SOUGHT. ALL PARTIES MUST COMPLETE OR ENROLL IN AN APPROVED PARENT EDUCATION PROGRAM BY THE CASE MANAGEMENT DATE.

WARNING

Applies to

Guardian ad litem report

then the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

then the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

WARNING

Applies to

Extended media coverage order

Orders granting, denying, or limiting extended media coverage should use the authorized Extended Media Coverage Order form.

All orders granting, denying, or limiting extended media coverage should be entered using the Extended Media Coverage Order form authorized by the Illinois Supreme Court (Appendix D of the Policy).

WARNING

Applies to

Mediation agreement

The mediator may execute a document only as a memorandum of agreement.

The mediator is acting as a mediator and is not a lawyer and shall execute a document only as a memorandum of agreement.

WARNINGCivil cases

Applies to

Affidavit of amount due on order to show cause

The affidavit is not required when the sworn petition for rule to show cause clearly delineates and makes ascertainable the amounts due and all just credits.

However. this aQidavit shall not be required jf the amounts due and all just credits are clearly delineated and ascertainable in the sworn petition fill:_ rule to show cause.

WARNING

Applies to

Brief

Brief copy numbers and service must conform to the cited rules, and briefs need not include an appendix.

In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.

WARNINGCivil cases

Applies to

Affidavit

All affidavits filed under this rule must be timely supplemented.

All affidavits filed herein shall be timely supplemented.

WARNINGCivil cases

Applies to

Cross interrogatories

Interested persons may propose cross-interrogatories at the hearing or within any additional time allowed by the court and must give court-directed notice of the hearing on them.

Any persons interested may propose cross- interrogatories at the time of the hearing or within such further time as the court shall allow and shall give such notice of the hearing thereon as the court may direct.

WARNING

Applies to

Affidavit of income

Affidavits of Income under Rule 42 are identified as mandatory forms, while the probate forms under Rule 60 are suggested forms.

Nevertheless, the 10th Judicial Circuit rules still provide for mandatory forms (i.e. 10th Cir. R. 42-Affidavits of Income…) and suggested forms (i.e. 10th Cir. R. 60-probate forms.)

WARNING

Applies to

Case management conference notice

The circuit clerk must attach the Approved Parent Education Notice to every case management conference notice.

The circuit clerk shall attach the Approved Parent Education Notice to each case management conference notice.

INFOCivil cases

When a probate or administration petition has been filed, heirship may be ascertained through open-court testimony, affidavit, deposition, or a verified petition.

(a) When a petition for admission of a will to probate or for letters of administration has been filed, ascertainment of heirship may be made: (1) by testimony of witnesses examined in open court; (2) by affidavit as provided in Section 5-3 of the Probate Act; (3) by deposition; or (4) by a verified petition for admission of a will to probate or for letters of administration.