Court Rules
Common questions about 22nd Judicial Circuit Court, McHenry County rules

Are courtesy copies required in 22nd Judicial Circuit Court, McHenry County?

Courtesy-copy rule applies for jury instructions. Details: 2 copies. Each party submitting jury instructions must provide the court with two copies of each instruction, double-spaced and typed on plain 8.5-by-11-inch paper.

View ruleSource: page 3, section 5.04 JURY INSTRUCTIONS

Does 22nd Judicial Circuit Court, McHenry County require a pre-motion conference or letter before filing a motion?

22nd Judicial Circuit Court, McHenry County rules set a pre-motion procedure for covered motions. Unless the court orders an earlier filing, a written motion in limine must be presented immediately before voir dire in a jury case or opening statements in a bench case.

View ruleSource: page 3, section 5.02 MOTIONS IN LIMINE

What page or word limits apply to brief in 22nd Judicial Circuit Court, McHenry County?

22nd Judicial Circuit Court, McHenry County's rule states these limits: 10 pages. A brief on a motion may not exceed 10 pages without the court’s permission.

View ruleSource: page 7, section 10.15 Motion Practice

What page or word limits apply to supporting memorandum in 22nd Judicial Circuit Court, McHenry County?

22nd Judicial Circuit Court, McHenry County's rule states these limits: 15 pages. The moving party's supporting memorandum on a motion for summary judgment may not exceed 15 pages.

View ruleSource: page 5, section 2.04 Motions for Summary Judgment

What formatting rules apply to filings in 22nd Judicial Circuit Court, McHenry County?

22nd Judicial Circuit Court, McHenry County's formatting rule includes double spacing and letter paper. Jury instructions must be double-spaced and typed on plain 8.5-by-11-inch paper.

View ruleSource: page 3, section 5.04 JURY INSTRUCTIONS

What must be included with surety schedule filings in 22nd Judicial Circuit Court, McHenry County?

The rule identifies required filing content or certificates. A proposed surety must provide a schedule of property and net worth executed under oath, unless the court excuses filing under the stated consent or good-cause exceptions.

View ruleSource: page 3, section 14.02 Bonds: Personal Sureties

What must be included with bond filings in 22nd Judicial Circuit Court, McHenry County?

The rule identifies required filing content or certificates. If the court approves a proffered bond, the petition and schedules must be filed with and included in the bond.

View ruleSource: page 3, section 14.02 Bonds: Personal Sureties

How does 22nd Judicial Circuit Court, McHenry County handle sealed or redacted filings?

A motion to seal is required for covered sealed filings in 22nd Judicial Circuit Court, McHenry County. A motion to seal must be written, presented to the assigned judge with notice to all parties, explain the sealing basis, and specify the sealing duration; the motion itself may be sealed upon specific request if it discusses confidential material.

View ruleSource: page 14, section 10.27 Sealing or Impoundment of Files and Documents — C. Procedure for Sealing, 1.

How do I request an adjournment or extension in 22nd Judicial Circuit Court, McHenry County?

Advance notice is not fully stated in the structured details. A continuance necessitated by a responsible trial attorney's inability to appear may be allowed only in an extraordinary case or a genuine, unforeseeable emergency.

View ruleSource: page 2, section 5.01 COUNSEL TO BE PRESENT; CONTINUANCES

Does 22nd Judicial Circuit Court, McHenry County require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Briefs and legal memoranda delivered to the clerk may not include additional motions or legal pleadings.

View ruleSource: page 25, section 1.19 DOCUMENTS AND COURT FILES

Are filing fees or waivers addressed in 22nd Judicial Circuit Court, McHenry County?

A fee is required for covered filings. Representative and attorney fees require court approval by verified petition and notice unless all interested parties consent in writing to a specific dollar amount.

View ruleSource: page 10, section 14.20 Allowance of Fees

Is electronic filing required in 22nd Judicial Circuit Court, McHenry County?

No. Electronic filing is prohibited for the covered filings. Wills, testamentary documents, sealed or impounded documents, exhibits, photographs, and documents filed directly with the judge, including proposed orders, may not be filed electronically.

View ruleSource: page 3, section 21.03 DESIGNATION OF ELECTRONIC FILING CASE & DOCUMENT TYPES

When is a filing treated as filed in 22nd Judicial Circuit Court, McHenry County?

The rule addresses filing timing, filing status, or cure windows. The claim call must be set no less than 60 days after the claim is filed.

View ruleSource: page 6, section 14.09 Notice of Claim Call

What rule applies to service by mail in 22nd Judicial Circuit Court, McHenry County?

Proof of service is required for the covered service rule. Details: method: service by mail. Within seven days, the personal representative or attorney must mail copies of the petition, bond, and schedules to each heir, legatee, or nearest relative whose approval is not already on file, and must file proof of mailing with the clerk.

View ruleSource: page 3, section 14.02 Bonds: Personal Sureties
Complete rules summary for 22nd Judicial Circuit Court, McHenry County

A proposed surety must provide a schedule of property and net worth executed under oath, unless the court excuses filing under the stated consent or good-cause exceptions.

If the court approves a proffered bond, the petition and schedules must be filed with and included in the bond.

Within seven days, the personal representative or attorney must mail copies of the petition, bond, and schedules to each heir, legatee, or nearest relative whose approval is not already on file, and must file proof of mailing with the clerk.

An order authorizing a cash deposit must require the distribution to be payable jointly to the guardian, if any, and the depository, and must require a certified depository receipt stating that no withdrawals may occur without court approval.

A corporate or association surety bond will be approved only if it includes the surety’s current Illinois authority and a verified power of attorney or certificate of authority for all persons authorized to execute bonds.

A petition for appointment of a decedent’s or ward’s representative must disclose any estate or ward safe deposit box and its location.

The initial inventory must list the existence and location of any safe deposit box.

The representative must prepare and certify an itemized statement of the safe deposit box contents and include it in the inventory filed with the clerk.

A newly discovered safe deposit box must be inventoried promptly, and a supplemental inventory listing the box and contents must be filed within 30 days after discovery.

Unless the court excuses it, the decedent’s estate representative must present a verified administration account for court approval within 60 days after the first anniversary of issuance of letters of office.

After the initial account, the decedent’s estate representative must file a verified account annually within 60 days after each anniversary of the issuance of letters of office until administration is completed.

An independent representative must file a verified annual status report in open court within 30 days after each anniversary of the initial independent-administration order until the estate is closed.

Unless the court excuses it, a guardian must present the required verified account and evidence for approval within 60 days after the first anniversary of issuance of letters and annually thereafter within 60 days after each anniversary of the first verified account until the estate closes.

Each current report must disclose pending claims, suits, or proceedings involving the estate or representative and, for decedents’ estates, other reasons preventing final distribution and termination.

Each account must cover beginning assets, income received, and disbursements made during the accounting period.

A representative may not be discharged until a final account is filed and approved by the court.

When a required account or report is not filed and approved, the clerk must mail notice to the representative and attorney of record requiring the account or report to be filed.

Written notice of a hearing on an executor's or administrator's account must include a copy of the account unless notice is given by publication.

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

Notice must be given at least seven days before the hearing under Supreme Court Rule 11, except when publication is used.

For a person residing outside the continental United States, notice must be sent by airmail at least 21 days before the hearing.

When a person's name or residence is unknown after due diligence, the executor or administrator must file an affidavit, mail notice to the last known address, and publish notice at least once in a county newspaper at least 21 days before the hearing.

Proof of notice must be filed with the clerk on or before the hearing date.

Notice is not required for a person who has filed a receipt in full or who has appeared in writing and waived notice.

Guardian account-hearing notice must be given to the specified ward, claimants, heirs or representatives, and the Chief Attorney of the Administrator of Veteran Affairs, using the procedure in subsection (A).

When notice service is required under the specified Probate Act sections, proof of service must be filed with the clerk under Supreme Court Rule 12.

Within seven days after a claim is filed, the clerk must send the representative and claimant, or their counsel, notice setting a claim call.

The claim call must be set no less than 60 days after the claim is filed.

The claim-call notice must warn the parties of the possible consequences if the claimant or representative fails to appear.

At least 30 days before the claim call, the representative must notify all other parties of record by sending a copy of the claim and the clerk's notice.

More Judges in 22nd Judicial Circuit Court, McHenry County

David R. Gervais
Judge
Joel D. Berg
Judge
Kevin G. Costello
Judge
Michael J. Chmiel
Judge
Suzanne C. Mangiamele
Judge