Circuit Court of Massac County, Illinois (1st Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Proposed order

Attorney-submitted proposed orders must list the submitting attorney or law firm's contact and registration information at the bottom left of the last page.

All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.

CRITICAL

Applies to

Proposed order

A proposed order under Local Rule 1.12 may be presented only after the Court rules and directs a party to submit one, or after an agreement is read on the record and approved by the Court.

Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.

CRITICAL

Applies to

Proposed order

Unless the court directs otherwise, the attorney or prevailing party must promptly prepare and present a draft written order or judgment with proof of service on opposing counsel.

Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.

CRITICAL

Applies to

Summons notice or court order setting court date

Summonses, notices, and court orders setting a date with a remote-appearance option must include the Zoom Meeting ID and password, courthouse address, and courtroom number.

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.

CRITICAL

Applies to

Motion

Every pre-trial and post-trial motion must be in writing.

Every pre-trial and post-trial motion shall be in writing

CRITICAL

Applies to

Motion

Each pre-trial and post-trial motion must state its factual and legal basis.

Each such motion shall specifically set forth its factual and legal basis.

CRITICAL

Applies to

Motion

Each motion must include or be accompanied by a concise statement citing the legal authority the movant wants the court to consider.

Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

CRITICAL

Applies to

Motion

Must include

proposed order

Each ex parte or emergency motion, and each motion under a stipulation for an agreed order, must be accompanied by a proposed order.

Every such motion shall be accompanied by a proposed order.

CRITICAL

Applies to

Contempt notice and financial affidavit

Before imposing sanctions against a pro se litigant in the specified cases, the court must determine willfulness and provide approved contempt-notice and financial-affidavit forms with an opportunity to complete the affidavit.

In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.

CRITICAL

Applies to

Judgment of contempt

After an adjudication of civil contempt, a written judgment must be promptly prepared and filed, specifying the contemptuous conduct, sanctions, and means of purging contempt.

Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.

CRITICAL

Applies to

Sworn petition for attorney fees

Before approving attorney’s fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition stating the employment terms, services, customary charges, and relevant special circumstances.

Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.

CRITICAL

Applies to

Certificate of compliance

Must include

local rule certificate

Counsel must file a certificate confirming compliance with discovery orders.

Counsel shall file a certificate of compliance with discovery orders.

CRITICAL

Applies to

Mediation report

Unless mediation has already terminated, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Written notice

If mediation is suspended or terminated for a reason other than agreement or inability to agree, the mediator must immediately notify the trial judge in writing and specify the reason.

The mediator shall immediately advise the trial judge in writing if he or she suspends or terminates mediation for some reason other than agreement or inability to reach agreement, specifying the reason for such termination.

CRITICAL

Applies to

Mediation report

Promptly after mediation concludes, the mediator must file the prescribed report identifying agreed issues or stating that mediation concluded unsuccessfully, without stating why the parties could not agree.

Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Final mediation report

If the mediator has concerns about a minor child's welfare or safety, or believes it is in the minor's best interest, the final report must recommend appointing a child representative or guardian ad litem.

If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.

CRITICAL

Applies to

Mediator report

The mediator’s report must be signed and designate whether there was full agreement, partial agreement, or no agreement.

The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator

CRITICAL

Applies to

Mediator report

For a full agreement, the mediator’s report must state that a full agreement was reached and identify who will complete and submit the documents needed to conclude it.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

CRITICAL

Applies to

Mediator report

For a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the documents needed to conclude the resolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

CRITICAL

Applies to

Mediator report

If no agreement is reached, the mediator’s report must say so without comment or recommendation.

If no agreement is reached, the mediator shall so report without comment or recommendation.

CRITICAL

Applies to

Settlement agreement

Any mediation agreement must be written and signed by the parties or their agents before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.

CRITICAL

Applies to

Certification for exemption from e filing

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

CRITICAL

Applies to

Court order

When good cause for an e-filing exemption is not shown, the court must issue an order giving specific reasons and requiring the litigant to e-file thereafter.

If the court determines that good cause is not shown, the court shall enter an order to that effect stating the specific reasons for the determination and ordering the litigant to e-file thereafter.

CRITICAL

Applies to

Pleading

Pleadings in mortgage foreclosure matters must accurately state that the Williamson County Circuit Clerk will conduct the sale.

All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.

WARNINGCivil cases

Applies to

Program report

Program reports must include mediation case totals, resolved issue types and counts, participant satisfaction rates, and survey results.

Information contained within said reports shall include the number of cases submitted to mediation, the type and number of issues resolved through EMC, participant satisfaction rates and survey results.

WARNING

Applies to

Proposed order

If no objection is raised within five days after submission of a proposed order, the Court may enter it.

If no objection is raised within five (5) days of the submission of the proposed order, the Court may enter the order.

WARNING

Applies to

Motion

Except for summary-judgment motions, a party wishing to present legally authorized testimony or other evidence should indicate that in its motion or answering memorandum.

Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum.

INFO

Applies to

Answer

If the respondent files a written answer, it may specifically deny petition allegations and set out affirmative defenses.

No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.