22nd Judicial Circuit Court, McHenry County Document Filing Requirements

Applies to

Surety schedule

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.

2. A schedule of the property and net worth of each proposed surety, executed under oath by the proposed surety, unless the filing of a schedule is excused by the court upon the consent of all heirs and/or legatees in a decedent's estate or upon good cause shown in a ward's estate.

Applies to

Bond

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

B. If the proffered bond is approved by the court, the petition and the schedules shall be filed with and become a part of the bond.

Applies to

Deposit authorization order

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.

1. that a distribution to the ward's estate be made payable jointly to the guardian, if any, and the depository, and 2. that a certified receipt of the depository be filed with the Clerk of the Court. The receipt shall be executed by an authorized agent of the depository and shall certify that no withdrawals may be made without Court approval.

Applies to

Surety bond

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 bond with a corporation or association licensed to transact surety business in the State of Illinois as surety will be approved only if a current copy of the surety's authority to transact business in this State, as issued by the Director of Insurance, and a verified power of attorney or a certificate of authority for all persons authorized to execute bonds for the surety are attached to the bond.

Applies to

Final account

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

No representative shall be discharged until a final account has been filed and approved by the court.

Applies to

Notice of hearing on account

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.

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

Applies to

Notice of hearing on account

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

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 may be binding upon all persons to whom this notice is given."

Applies to

Notice of claim call

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

the claim and shall inform the parties that if the claimant fails to appear for the call of the claim, the claim may be dismissed for want of prosecution, and that if the representative fails to appear, and no other person, whose interests may be affected by the allowance of the claim objects, the claim may be allowed against the estate.

Applies to

Account

When presenting an account, the representative must provide receipts for distributions and a certificate stating that supporting disbursement vouchers are in the representative's possession.

Upon presentation of an account, the representative shall furnish receipts for any distributions set forth in the account and a certificate of the representative stating that vouchers evidencing disbursements are in the possession of the representative.

Applies to

Petition

A petition requesting authority to make a distribution must state that the heir, devisee, or legatee is a minor, deceased, or adjudicated incompetent when applicable.

If an heir-at-law of an intestate estate or a devisee or legatee of a testate estate is a minor or dies or is adjudicated incompetent, such fact shall be set forth in any petition requesting authority to make a distribution.

Applies to

Final report

Closing an estate requires satisfactory distribution receipts or other evidence from all distributees and a verified final report in addition to the final account.

Closing of an estate will not be authorized unless: A. Receipts on distribution or other evidence of distribution satisfactory to the court are on file with the court from all distributees; and B. The legal representative has filed a verified final report, in addition to the final account.

Applies to

Final report

The verified final report must confirm completion of procedures and administrative duties, proper notice to nonconsenting heirs or legatees, payment of court costs, disposition of claims, and payment of applicable taxes.

The final report shall verify that all procedures and administrative duties have been completed and that proper notice has been given to all heirs and/or legatees who have not previously appeared and consented, and shall include a statement that: 1. all court costs have been paid; 2. all claims filed have been satisfied or dismissed and; 3. all applicable state and federal taxes, if any, have been paid.

Applies to

Verified petition

A distribution based on an assignment or power of attorney requires court approval through a verified petition with appropriate notice, a non-revocation statement, specified consideration and fee information, and the names and addresses of the relevant parties.

No distribution shall be made pursuant to an assignment or a power of attorney signed by a distributes of an estate unless the assignment or power of attorney has been approved by the Court upon the filing of a verified petition with appropriate notice stating that the power of attorney or assignment has not been revoked and setting forth the following: 1. The consideration paid or to be paid and fees and expenses charged or to be charged to the grantor of the power of attorney or the assignor of the assignment; 2. The name and address of the grantor and grantee of the power of attorney or the assignor and assignee of the assignment;

Applies to

Power of attorney or assignment

Each power of attorney or assignment must be signed and acknowledged by the grantor or assignor in accordance with the Illinois Uniform Recognition of Acknowledgment Act.

Each power of attorney or assignment shall be signed and acknowledged by the grantor of the power of attorney or by the assignor of the assignment in accordance with the Illinois Uniform Recognition of Acknowledgment Act.

Applies to

Certification

Before distributing to an assignee or power-of-attorney holder, the estate representative must receive a certification that the assignment or power of attorney has not been revoked.

The representative, on making any distribution to an assignee or person acting under authority of a power of attorney, shall not make any distribution without first receiving a certification from the assignee or holder of power of attorney that the assignment or grant of power of attorney has not been revoked.

Applies to

Power of attorney

A power of attorney for a foreign distributee must be signed and properly authenticated and acknowledged before the American Consul unless the court is satisfied with other evidence of its genuineness or validity.

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

Applies to

Receipt

The foreign representative or attorney-in-fact must acknowledge receipt of the distributive share in writing, and the estate representative must file that receipt with the court.

The ORFC or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the representative of the estate. The representative of the estate shall file the receipt with the court.

Applies to

Settlement petition

Any attorney representing the minor or disabled person must include a written certification in the settlement petition that the proposed settlement is just and proper.

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

Applies to

Settlement petition

A minor’s or disabled person’s settlement petition must include an attending physician’s report describing the injury unless the court waives that requirement.

A petition to settle an action on behalf of a minor or disabled person shall have attached thereto a report of the attending physician stating the nature and extent of the injury, unless waived by the court.

Applies to

Structured settlement petition

A petition proposing a structured settlement must provide for future payments to be guaranteed by an entity rated A2 or higher or by another rating service acceptable to the court.

If the petition proposes a "structured settlement," future payments must be guaranteed by an entity rated A2 or higher by Best's Insurance Guide or other rating service found acceptable to the court.

Applies to

Settlement order

A settlement-approval order must provide for distribution of the funds and filing of vouchers evidencing receipt within a court-prescribed time.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers, which evidence receipt of any portion of the fund, with the court within a time prescribed by the court.

Applies to

Financial institution voucher

The court must continue the case to a specified date so that a voucher from the financial institution can be filed.

The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed.

Applies to

Financial institution voucher

The depository voucher must acknowledge receipt, include a copy of the settlement-approval order, and contain the specified no-withdrawal language.

The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement and shall include the express language that "No withdrawals shall be made from this account, unless authorized by order of the court, at any time prior to (the date upon which the minor will reach the age of majority)."

Applies to

Withdrawal petition

A pre-majority withdrawal petition must be written and state the account balance, the minor’s annual income, the withdrawal amount and purpose, and the last authorized withdrawal amount for that purpose.

A petition for withdrawal from the said account prior to the minor reaching the age of majority shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor, the amount and purpose for the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

Applies to

Settlement order

A trial judge’s settlement-approval order must state the attorney’s compensation, costs, expenses, and the net amount distributable to the minor or disabled person.

If the judge hearing the case approves the settlement, the order approving the settlement shall set forth the attorney's compensation, the cost, the expenses, and the net amount distributable to the minor or disabled person.

Applies to

Distribution order

After a judgment for a minor or disabled person, the trial judge must enter a distribution order stating the judgment amount, attorney’s fees, costs, expenses, and net distributable amount.

For distribution to be made as a result of a lawsuit for personal injuries sustained by a minor or disabled person where a judgment has been entered after trial, the judge hearing the case shall enter an order for distribution setting forth the amount of the judgment, the attorney's fees, the costs, the expenses, and the net amount distributable to the minor or disabled person.

Applies to

Distribution order

The distribution order must restrict payment to the Probate Court-appointed representative and require receipt vouchers to be filed within a court-prescribed time.

The Order setting forth the distribution shall provide that the amount distributable to the minor or disabled person shall be paid only to the representative of the minor or disabled person appointed by the Probate Court in the estate filed on behalf of the minor or disabled person and that vouchers evidencing receipt of the funds be filed with the court within a time prescribed by the court.

Applies to

Guardianship petition

A copy of the trial judge’s order must be attached to the guardianship petition.

A copy of the Trial Judge's order shall be attached to the petition for guardianship.

Applies to

Structured settlement petition

A petition proposing a structured settlement must provide for future payments to be guaranteed by an entity rated as stated or by a rating service acceptable to the court.

If the petition proposes a "structured settlement," future payments must be guaranteed by an entity rated "All or higher by Best's Insurance Guide or other rating service found acceptable to the court.

Applies to

Mediator report

Within 14 days after mediation ends for any reason, the mediator must file a report in the Chief Judge’s prescribed form, sign it, and identify whether the parties reached a full agreement, partial agreement, or no agreement.

Within 14 days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties. The report shall be signed by the mediator and shall designate "full agreement," "partial agreement" or "no agreement."

Applies to

Court Annexed mediation forms

The specified court-annexed mediation forms must be used.

N. Forms. The following forms shall be used in conjunction with court-annexed mediation: 1. 20.03(n)1.--Order of Referral to Court-Annexed Mediation 2. 20.03(n)2.--Confidentiality Agreement and Non-Representation Acknowledgement 3. 20.03(n)3.--Mediation Held/No Agreement Resulted

Applies to

Certificate of sale

Counsel must prepare a recordable certificate of sale and one duplicate.

4. Prepare the certificate of sale in recordable form and one duplicate.

Applies to

Judicial sale documents

The plaintiff’s attorney must prepare all documents necessary for the judicial sale.

The attorney for the plaintiff shall prepare all necessary documents in connection therewith.

Applies to

Certificate of redemption

For every foreclosure sale, the plaintiff’s attorney must use the prescribed forms in substance, including a Certificate of Redemption.

In all foreclosure sales, the attorney for the plaintiff shall use, in substance, the forms set forth below: 1. Certificate of Redemption 2. Notice of Judicial Sale 3. Foreclosure Estimate 4. Report of Sale 5. Report of Distribution 6. Receipt 7. Certificate of Sale 8. Order Approving Sale and Distribution

Applies to

Foreclosure estimate

The plaintiff’s attorney must prepare the foreclosure estimate.

Prepare the foreclosure estimate.

Applies to

Report of sale

The plaintiff’s attorney must prepare the Report of Sale.

Prepare the reports of sale and distribution.

Applies to

Proposed order

Counsel must prepare an order approving reports of sale and distribution and, where applicable, a deficiency judgment.

5. Prepare an order approving reports of sale and distribution and for a Deficiency Judgment where applicable.

Applies to

Sale documents

Counsel must provide a copy of all sale documents to the designated officer for the sale file.

6. Give a copy of all sale documents to the designated officer for the sale file.

Applies to

Judgment or order

When setting a sale date, plaintiff's attorney must give the designated officer a certified judgment or order that includes the date the redemption period expires.

A. At the time of setting a sale date with the designated officer, the attorney for the plaintiff shall deliver to the designated officer a certified copy of the judgment or order, which order shall include an adjudication of the date of expiration of the period of redemption.

Applies to

Preliminary sale documents

Before the sale begins on the sale date, plaintiff's attorney must provide the specified preliminary documents to the designated officer.

On the date of sale, but prior to the commencement thereof, the plaintiff’s attorney shall supply the designated officer with the following:

Applies to

Certificate of mailing

Where required, counsel must provide a certificate of mailing copies of the notice of sale to the parties to the action.

1. A certificate of mailing copies of the notice of sale to parties to the action, where required.

Applies to

Post sale documents

After the sale, counsel must present the listed sale reports, receipts, copies, certificates, proposed order, and certified order copy to the designated officer for signature or approval.

Following the sale, said attorney shall present to the designated officer for signature the following:

Applies to

Deed

After the redemption period expires, counsel must prepare the deed and send it, with a copy and the original certificate of sale, to the designated officer for execution.

When the period for redemption has expired, said attorney shall prepare the deed and send it with a copy, together with the original Certificate of Sale, to the designated officer holding the sale for execution.

Applies to

Redemption documents

After completion of the sale, counsel must handle the required redemption tender and certificate submissions as specified.

Upon completion of the sale, with respect to redemptions, the attorney shall:

Applies to

Judicial or sheriffs deed

If a deed is sought, the purchaser must tender the applicable Judicial Deed or Sheriff’s Deed in duplicate, together with the Certificate of Sale, to the designated officer on or about the deed date specified in the certificate of sale.

A. If a deed is sought, the purchaser shall tender a Judicial Deed or Sheriff’s Deed, whichever is applicable and in duplicate, and Certificate of Sale to the designated officer on or about the date the deed is called for in Certificate of Sale.

Applies to

Deed submission

When a deed is sought by someone other than the purchaser, the purchaser must tender the endorsed Certificate of Sale and a duplicate applicable Judicial Deed or Sheriff’s Deed.

If a deed is sought by a person other than purchaser at the sale, the purchaser shall tender the Certificate of Sale, including endorsements on the reverse to show chain of title, to the person making tender or person to whom the deed will issue, together with the Judicial Deed or Sheriff’s Deed, whichever is applicable and in duplicate.

Applies to

Post redemption deed submission

After the redemption period expires, the successful bidder must surrender the Certificate of Sale and a proposed deed with a copy to the sales officer.

Upon expiration of the period of redemption, the successful bidder shall surrender to the sales officer the Certificate of Sale and a proposed deed and copy thereof.

Applies to

Deed submission

The purchaser must prepare the necessary revenue documents for filing with the deed.

The purchaser shall prepare the necessary revenue documents to file in conjunction with the deed.

Applies to

Pretrial memorandum

Attorneys for each party must prepare a full and complete typewritten pretrial memorandum in the prescribed form, unless the court orders otherwise or the conference concerns a special progress call under Local Rule 3.09.

B. Pretrial Memorandum. It shall be the duty of the attorneys for each of the parties involved in a cause of action to prepare a full and complete typewritten pretrial memorandum in form in accordance with these rules. See Form 4.01 (b). Unless otherwise ordered, the foregoing requirement shall not apply to a pretrial conference held in connection with a special progress call under Local Rule 3.09.

Applies to

Affidavit of responsible counsel

If responsible trial counsel cannot appear, alternate counsel must present an affidavit explaining the absence and stating what efforts were made to contact the other responsible counsel.

If any such attorney is unable to appear, alternate counsel shall present an affidavit of the responsible counsel setting forth the reason the responsible counsel is unable to appear and what efforts, if any, have been made to contact all other responsible counsel about such failure to appear.

Applies to

Motion in limine

Must include

proposed order

Movant's counsel must prepare a written order and present it for ruling before voir dire in a jury case or opening statements in a bench case.

All orders on motions in limine shall be reduced to writing by the movant's counsel and presented to the court for ruling prior to voir dire examination in jury cases and opening statements in bench cases.

Applies to

Statement of nature of case

In every jury case, the prosecuting attorney in a criminal case or plaintiff's attorney in a civil case must prepare and submit a Statement of the Nature of the Case before voir dire.

In all jury cases, the State's Attorney in criminal cases and the plaintiff's attorney in civil cases shall prepare and submit to the court and opposing parties a Statement of the Nature of the Case to be read by the court to the venire prior to voir dire examination.

Applies to

Jury instructions

One set of jury instructions must remain unmarked, while the second must include advance identifying information and checkable areas labeled “Given,” “Objection,” and “Refused.”

One set of instructions shall be unmarked. The second set of instructions shall be marked in advance in the following manner: the party's designation and instruction number, the I.P.I. number or citation to legal authority supporting use of the instruction, and the words "Given," "Objection" and "Refused," followed by an underlined area after each such word to be checked indicating the use of such instruction.

Applies to

Appearance form

Each party or counsel appearing in a matter must file a written appearance form containing the party’s or attorney’s name, address, telephone number, and Illinois ARDC registration number; a responsible trial attorney must also be designated when the filer is not a sole practitioner.

Each party or counsel appearing in any matter shall file a written Appearance form, which includes in typewritten form or in legible printing the party’s or attorney’s name, address, telephone number and Illinois ARDC registration number. When an appearance is filed by someone other than a sole practitioner, the name of an individual attorney responsible for the trial of the cause shall be designated.

Applies to

Jury demand

A written jury demand must be contained in a separate document, and the court clerk will not record a jury demand that is not separately filed.

A written Jury Demand filed by a party in any matter shall be contained in a separate document, and the Clerk of the Court shall not record any jury demand not so filed.

Applies to

Subpoena compliance response

Must include

local rule certificate

The responding person or records custodian must provide written certification that subpoena compliance is complete and accurate.

The person or custodian of records of the entity responding to the subpoena shall certify in writing that compliance is complete and accurate.

Applies to

Subpoena

A production subpoena must bear the prescribed compliance-by-mail and certification legend on its face or conspicuously attached to it.

E. Subpoena to Bear Legend. A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of the said subpoena or conspicuously attached thereto: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA TO THE PARTY OR LAW FIRM WHOSE ADDRESS APPEARS BELOW. COMPLIANCE REQUIRES A CERTIFICATION THAT THE DOCUMENTS, OBJECTS OR TANGIBLE THINGS PROVIDED ARE COMPLETE AND ===== PAGE 6 ===== ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY SAID SUBPOENA.

Applies to

Report

Each report must state the minor's name, the case number, and the date and time when the case will next be called for hearing.

The report shall contain the name of the minor at issue in the case, along with the number of the case, and the date and time when the case will next be called by the court for hearing.

Applies to

Small claims summons

Must include

caption

Every Small Claims action must use the Clerk's approved summons form, substantially following Supreme Court Rule 101(b).

A. An approved summons form provided by the Clerk of the Circuit Court, substantially in the form set forth in Supreme Court Rule 101(b), shall be used in any Small Claims action.

Applies to

Small claims complaint

Must include

caption

A Small Claims complaint must be filed on a Clerk-supplied form and state the amount and basis of the claim, along with dates and relevant facts.

B. Small Claims actions may be commenced by filing a complaint on forms supplied by the Clerk of the Circuit Court. The complaint shall state the amount of and the basis for the plaintiff's claim, giving dates and relevant facts.

Applies to

Small claims complaint

Must include

exhibit list

A written instrument underlying the claim must accompany every copy of the complaint, or the plaintiff must attach an affidavit stating that the instrument is unavailable.

C. If the claim is based on a written instrument, a copy thereof must be attached to the original and all copies of the complaint. If the written instrument is not available to the plaintiff, an affidavit so stating shall be attached to the complaint.

Applies to

Served small claims complaint

Must include

exhibit list

Each complaint served on a defendant must have two blank Written Appearance Forms attached.

E. Copies of complaints served upon defendants shall have attached thereto two blank "Written Appearance Forms" which may be used by the defendants.

Applies to

Small claims summons

The Small Claims Summons must contain the specified Notice to Defendant.

F. The Small Claims Summons, when issued, shall contain a NOTICE TO DEFENDANT setting forth the following language:

Applies to

Written appearance

Must include

caption

A defendant who wishes to contest must pay the statutory appearance fee and file a written appearance by the specified return day.

Pay the statutory appearance fee and file a written appearance (forms may be obtained at the office of the Clerk of the Circuit Court) on or before the day and time specified above for your appearance, hereinafter called the return day.

Applies to

Costs affidavit

A prevailing party seeking costs not already evidenced of record must tender an affidavit at the time of award or judgment listing each cost and amount sought and stating that the affiant paid those costs.

If the prevailing party requests an award of costs other than those evidenced of record at the time of the award, said party shall, at the time of award or judgment, tender an affidavit individually listing each such cost and the amount sought together with a statement by affiant that those costs have been paid by the affiant.

Applies to

Support or maintenance pleading

Every pleading affecting temporary or permanent support or maintenance, except a petition for dissolution of marriage, must include an income-and-expense affidavit in the form approved by the Illinois Supreme Court.

Every pleading seeking to establish or otherwise affect issues of support or maintenance, whether temporary or permanent in nature, other than the Petition for Dissolution of Marriage, shall be accompanied by an affidavit as to income and expenses in the form approved by the Illinois Supreme Court.

Applies to

Financial affidavit

The Financial Affidavit must be supported by documentary evidence, including income tax returns, pay stubs, and banking statements.

The Financial Affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs and banking statements.

Applies to

Financial affidavit

Unless the court orders otherwise, the Financial Affidavit must be filed with the Clerk of the Court and become part of the public record.

Unless otherwise ordered by the court, the Financial Affidavit shall be filed with the Clerk of the Court and shall become part of the public record.

Applies to

Financial affidavit supporting evidence

Unless the court orders otherwise, tax returns, pay stubs, and other supporting evidence for the Financial Affidavit must not be filed with the Clerk or placed in the public record.

The tax returns, pay stubs, and any other supporting documentary evidence, unless otherwise ordered by the court, shall not be filed with the Clerk of the Court and shall not be made part of the public record.

Applies to

Financial affidavit

An affidavit dated more than 60 days before the hearing or pretrial is invalid unless accompanied by a new affidavit attesting that the information has not substantially changed since the original affidavit was prepared.

No affidavit dated more than 60 days before the scheduled hearing date or pre-trial shall be considered valid for the purpose of that proceeding unless accompanied by a new affidavit stating that the party offering it represents that there has been no substantial change in any of the information since the original affidavit was prepared.

Applies to

Statistics certificate

The petitioner must submit a typed statistics certificate at the prove-up or upon entry of the dissolution judgment.

At the prove-up or upon the entry of the Judgment for Dissolution, the petitioner shall submit a typed statistics certificate as required by the State of Illinois.

Applies to

Supporting evidence index

The courtesy submission must include an index that specifically describes each supporting document and states its page count.

An index of any other documentary evidence submitted in support of the Financial Affidavit. The index shall describe the documentary evidence with specificity and shall identify the number of pages of each document (e.g., bank statements from XYZ Bank for the month of January 2016).

Applies to

Financial affidavit supporting evidence

Unless the court specifically requests it, the party may not submit other supporting evidence to the judge beyond the last three pay stubs, last two filed federal tax returns, and the required supporting-evidence index.

Unless specifically requested by the court, other than the information specified in (1), (2) and (3) above, no other supporting documentary evidence shall be submitted to the judge assigned to hear the matter.

Applies to

Case management conference memorandum

Before the full Case Management Conference, authorized counsel of record must meet and complete the court-approved Case Management Conference Memorandum.

Prior to the full Case Management Conference, the counsel of record familiar with the case and authorized to act shall meet and complete a Case Management Conference Memorandum in the form approved by the court.

Applies to

Case management conference memorandum

Every self-represented party must complete the court-approved Case Management Memorandum.

Any self-represented party shall also complete a Case Management Memorandum in the form approved by the court.

Applies to

Case management conference memorandum

The completed Case Management Conference Memorandum must be submitted to the court at the full conference.

The completed memorandum shall be tendered to the court at the full Case Management Conference.

Applies to

Proposed order

Must include

proposed order

At the end of the full conference, the petitioner or counsel must prepare a court-approved-form proposed order addressing the listed considerations and present it for approval and entry.

At the conclusion of the full Case Management Conference, an order in the form approved by the court shall be prepared by the petitioner or petitioner’s counsel addressing the above considerations and presented to the court for approval and entry.

Applies to

Settlement conference memorandum

Each party must provide a court-approved settlement conference memorandum to the court and opposing counsel or self-represented party two days before the settlement conference.

B. A settlement conference memorandum shall be provided by each party to the court and opposing counsel or self-represented· party two (2) days prior to the settlement conference. The settlement conference memorandum shall be in the form approved by the court.

Applies to

Trial conference memorandum

The attorneys and unrepresented parties must jointly prepare a court-approved trial conference memorandum.

4. jointly prepare a trial conference memorandum in the form approved by the court.

Applies to

Emergency motion

An emergency motion must be verified and state both the nature of the emergency and when it arose.

Any emergency motion shall be verified and state the nature of the emergency as well as when the emergency arose.

Applies to

Affidavit

In dissolution cases involving child custody, the parties must submit an affidavit in a court-approved form before entry of the judgment.

Prior to the entry of a judgment for dissolution in cases involving the custody of children, the parties must provide the court with the information required pursuant to 750 ILCS 35/10 by submitting an affidavit in a form approved by the court.

Applies to

Joint simplified dissolution forms

Parties seeking a simplified joint dissolution must use court-approved forms available from the Circuit Court Clerk.

Parties seeking a simplified joint dissolution pursuant to 750 ILCS 5/452 shall use forms approved by the court which shall be available upon request from the Clerk of the Circuit Court.

Applies to

Parenting coordination motion

Parenting-coordination and parenting-coordinator appointment motions must be written and provide proper notice to all parties entitled to notice.

Motions for parenting coordination and to appoint a parenting coordinator shall be made in writing with proper notice to all parties entitled to notice.

Applies to

Parenting coordination motion

Parenting-coordination motions must be verified or affidavit-supported and allege facts showing that coordination is necessary for the children's best interests under Illinois Supreme Court Rule 909(c).

Such motions must be verified or supported by affidavit and allege sufficient facts showing that parenting coordination is necessary to serve the best interests of the child(ren) after consideration of one or more factors under Il. S. Ct. R. 909(c).

Applies to

Financial affidavit

Both coparents must file a financial affidavit and comply with the disclosures required by Circuit Court Rule 11.02.

Both coparents shall file a financial affidavit and comply with disclosures required by Circuit Court Rule 11.02.

Applies to

Parenting coordination order

Orders establishing parenting coordination or appointing a parenting coordinator must comply with Illinois Supreme Court Rule 909 and specify the required terms and conditions in detail.

All court orders for parenting coordination and appointing a parenting coordinator must strictly comply with Il. S. Ct. R. 909 and shall include at a minimum and specify in detail the following terms and conditions:

Applies to

Parenting coordinator invoice

A parenting coordinator must file a detailed invoice within 90 days of appointment and during each subsequent 90-day period, with a copy sent to each coparent.

(2.) The parenting coordinator shall file with the court within 90 days of their appointment, and every subsequent 90-day period thereafter during the course of the parenting coordination, a detailed invoice for services rendered with a copy being sent to each coparent.

Applies to

Discipline report

An approved parenting coordinator must inform the court within seven days of discipline by a licensing agency or professional organization.

(9.) An approved parenting coordinator shall have a continuing duty to inform the court within 7 days if they have been disciplined by any licensing agency or professional organization to which they belong.

Applies to

Notice of appearance

Defense counsel's appearance must be filed before or simultaneously with the earliest filing or initial court appearance.

The attorney representing a defendant in any criminal proceeding shall file an appearance. This appearance must be filed with the Circuit Court Clerk prior to or simultaneously with the filing of any motion, brief or other document with the court or initial court appearance, whichever comes first.

Applies to

Notice of appearance

Must include

caption, case number

The defense counsel's appearance must include the case caption and number, attorney identification and contact information, and Illinois registration number.

It shall contain the proper case caption and number, the attorney's name, address, office phone number and Illinois attorney registration number.

Applies to

Jury instructions

The submitting attorney must provide one copy of each written jury instruction to the trial judge and opposing counsel, including the proponent's number and the corresponding pattern-instruction number or legal authority.

The attorney submitting the written jury instructions will provide one copy each for the Trial Judge and opposing counsel containing the proponent’s instruction number and the Illinois Pattern Jury Instruction number or the legal authority upon which the attorney relies.

Applies to

Motion to withdraw

Defense counsel may not withdraw without a written motion, notice by certified mail to the prosecuting attorney and defendant, compliance with procedural rules, and a showing of good cause.

The attorney representing a defendant in any criminal proceeding shall not be granted leave of court to withdraw as counsel unless a written motion to withdraw is filed, and notice of motion is sent to the prosecuting attorney and the defendant by certified mail, return receipt requested, in compliance with the procedural rules and good cause is demonstrated to the court.

Applies to

Certificate of assets debts

A defendant requesting appointed counsel in cases potentially involving imprisonment or extradition must complete and file an approved Certificate of Assets/Debts form.

Upon the request of the defendant for appointment of the Public Defender to the sitting judge, the court shall require the defendant to complete and file a Certificate of Assets/Debts form on a form approved by the Circuit Judges in any case in which a sentence of imprisonment in the county jail facility or Department of Corrections is a possible sentence upon conviction of the offense charged, or where extradition of the defendant to another state or federal jurisdiction is sought.

Applies to

Brief

Every brief and memorandum of law must identify the submitting party in the heading following the case caption.

All briefs and memoranda of law shall identify the submitting party in the heading following the caption of the case.

Applies to

Subpoena response

A person possessing or controlling subpoenaed materials may comply without appearing personally by providing complete, legible copies and a compliance certificate to the court by 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 a said 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.

Applies to

Subpoena

Every subpoena issued under the section must include a certification page with the prescribed under-penalty language and date, signature, and printed-name fields.

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects and tangible things attached hereto represent full and complete compliance with said subpoena. Date: ______________________ Signature: __________________ Print Name: _________________

Applies to

Statement of facts

Before jury selection, both parties must submit a statement of facts identifying potential witnesses and their municipal residence or employing law-enforcement entity, as applicable.

Prior to jury selection, the prosecutor and attorney for the defendant shall prepare and present to the court a statement of facts for the case being tried, which shall include the names of potential witnesses each party may call during trial, including the municipal entity in which they live, or in the case of police officials, the law enforcement entity for whom they are employed.

Applies to

Jury instructions

Each party must prepare written jury instructions and present them to the trial judge and opposing counsel when the case is called for trial or at another time ordered by the judge.

The prosecutor and attorney for the defendant shall each prepare jury instructions in writing and present them to the Trial Judge and opposing counsel when the case is called for jury trial or at such other times as the Trial Judge may order.

Applies to

Jury instructions

The submitting attorney must also give the trial judge an identical set of proposed instructions without the proponent's number, Illinois Pattern Jury Instruction number, or identifying legal authority.

In addition, the submitting attorney will provide the Trial Judge with an identical set of proposed instructions that do not contain the proponent’s instruction number or the Illinois Pattern Jury Instruction number or the legal authority.

Applies to

Written professional evaluation

Unless the court allows otherwise, a defendant found guilty of a qualifying alcohol- or drug-related offense must submit a written professional evaluation before final sentencing or supervision and undergo appropriate treatment.

Unless otherwise allowed by the court, after a finding of guilty and prior to any final sentence, or order of supervision, for an offense, based upon an arrest for a violation of 11-501 of the Illinois Vehicle Code or similar local ordinance, the defendant shall present a written professional evaluation for the court to determine if an alcohol, drug or intoxicating compound abuse problem exists and the extent of the problem and undergo the imposition of treatment as appropriate.

Applies to

Certificate of history of prior offenses

Before sentencing a qualifying misdemeanor DUI or similar offense when supervision is requested, the defendant must execute and file the clerk-provided certificate of history of prior offenses with the sentencing judge.

Prior to the pronouncement of sentence in any misdemeanor offense charged under Section 5/11-501 of the Illinois Vehicle Code, or similar local ordinance, where court supervision is requested, the defendant shall fully execute and file with the Sentencing Judge a written certificate of history of prior offenses, on a form provided by the Clerk of the Circuit Court.

Applies to

First offender certificate

Before sentencing when first-offender probation is requested under the cannabis or controlled-substance statutes, the defendant must file a certificate stating that no prior qualifying conviction, probation, or supervision exists.

Prior to the pronouncement of sentence in any case where first offender probation is requested under the Cannabis Control Act, 720 ILCS 550/10, or Illinois Controlled Substance Act, 720 ILCS 570/410, the defendant shall execute and file with the Sentencing Judge, a certificate stating that he has not been previously been convicted of, or placed on probation or court supervision for any offense under the Cannabis Control Act or Illinois Controlled Substance Act, or any law of the United States or any State relating to cannabis or controlled substances.

Applies to

Motion to impound

A motion to impound a file, record, or document must be written, presented to the assigned judge with notice to all parties, explain the basis for impoundment, and specify the proposed duration.

All motions to impound a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record. The motion must explain the basis for impounding the file, records or documents and specify the proposed duration of the impoundment order.

Applies to

Motion to rescind sealing or impounding order

A motion to rescind a sealing or impoundment order must use the specified title corresponding to the type of order.

The motion should be titled "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File," whichever is more appropriate.

Applies to

Motion

An attorney for a receiver may be employed only by court order upon a written motion stating the reasons for the employment and identifying the attorney.

C. 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.

Applies to

Receiver inventory

Within 30 days after appointment, the receiver must file a detailed report and inventory identifying all real and personal property in the receivership and property in the receiver's possession or control.

No later than 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 subject matter under receivership and designating the property within his possession or control.

Applies to

Receiver inventory

Unless the court orders otherwise, the receiver must include a list of known liabilities with the required inventory.

Unless the court orders otherwise, the receiver shall file with the required inventory a list of the then known liabilities of the subject matter under receivership.

Applies to

Receiver inventory

When no appraisers are appointed, the receiver must investigate the estate's property values and state the value of each listed item in the inventory.

B. Appraisal by Receiver. If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

Applies to

E filing registration form

Users must register with the Clerk of Court and the authorized e-filing vendor before filing electronically, and attorneys must submit an E-Filing Registration Form containing specified information.

Prior to filing any document electronically, users are required to register with the Clerk of Court and the court's authorized e-filing vendor. Attorneys must submit an E-Filing Registration Form to the Clerk of the Court, which shall include a minimum of the following information: firm name, attorney names and ARDC registration numbers, address, phone number, e-mail address for E-service, and staff contact information.

Applies to

Motion to seal

A motion for leave to file under seal must explain how the document satisfies the legal standards, and the document itself may not be attached to the motion.

The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question may not be attached to the motion as an attachment.

Applies to

Pleading or document

Must include

case number

Each electronically filed pleading or document must identify the case title, case number, and nature of the filing.

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

Applies to

Notice of default

Before default judgment in a mortgage foreclosure case, movant's counsel must give the clerk fully prepaid, correctly addressed and return-addressed envelopes bearing the docket number and containing sealed copies of the notice of default.

In compliance with Illinois Supreme Court Rule 113 (d), prior to the entry of a default judgment in any mortgage foreclosure case, counsel for the movant shall provide the clerk with envelopes, with all postage fully prepaid, addressed to each person entitled to notice and with the return address of the Clerk of the Circuit Court. The docket number of the case to which the notices pertain shall be on the face of each envelope in the lower left-hand corner of the envelope. The envelopes shall contain a copy of the notice of default and be sealed prior to delivery to the clerk.

Applies to

Notice of motion

Each motion must be in writing, and each notice of motion must include the relevant motion as an appendix unless the court orders otherwise.

B. Each motion shall be in writing. Each notice of motion shall have appended thereto a copy of the relevant motion unless otherwise ordered by the court.

Applies to

Motion

Must include

caption, case number

Each motion must include the case name, case number, and legal rule, code section, or statutory section supporting the motion.

D. Each motion shall be captioned with the case name and number and shall include the Supreme Court Rule, Code of Civil Procedure section, or other statutory section upon which it is based.

Applies to

Notice of motion

The notice of hearing must identify the judge, action title and number, motion title, hearing date, hearing time, and courtroom.

H. Content of Notice. The notice of hearing shall designate the judge to whom the motion will be presented for hearing, shall show the title and number of the action, the title of the motion, the date when the motion will be presented, the time it will be presented, and the courtroom where it will be presented.

Applies to

Emergency relief application

Applicants for emergency relief must submit an affidavit explaining the emergency; requests without notice must also describe notification attempts, and failure to attach the affidavit may be grounds for denial.

Each application for emergency relief shall be accompanied by an affidavit of the movant or movant's attorney stating the reason for emergency relief and, in cases where the request is without notice, except as permitted by law, said affidavit shall state what attempts have been made to notify opposing counsel or the opposing party. Failure to attach said affidavits to the request for emergency relief may be grounds for denial of the motion.

Applies to

Notice of default

Movant's counsel must file with the clerk copies of every notice sent and an affidavit certifying the required information.

In addition to the foregoing, counsel for the movant shall file with the clerk copies of each of the notices sent as provided above and an affidavit that certifies the following:

Applies to

Affidavit

The required affidavit must certify a list of the names and addresses of all persons entitled to notice.

A. A list of the names and addresses of all persons entitled to notice in the case;

Applies to

Transcript request

A Transcript Request Form is required to request a transcript from the electronic recording systems or a court reporting services employee.

A request for a transcript, from either the electronic recording systems or from a court reporting services employee, is obtained by completing a “Transcript Request Form,” which is available in the Court Administration office.

Applies to

Electronic transcript

Transcripts generated from electronic recordings must include the specified certification stating that the transcript is true and accurate and identifying the operator certification under Local Rule 1.08(B)(2).

Transcripts generated from the electronic recording systems shall be prepared in accordance with applicable statutory authority, rule and administrative regulation and shall utilize the following certification: I, __________, certify the foregoing to be a true and accurate transcript of the electronic recording of the proceeding of the above-entitled cause, which recording contained the operator’s certification as required by Local Rule 1.08 (B)(2).

Applies to

Extended media coverage request

An Extended Media Coverage request must be filed using the prescribed News Media request form.

Requests shall be filed using the form “News Media Request for Extended Media Coverage.”

Applies to

Notice of extended media coverage request

A prescribed notice form must be filed with the Extended Media Coverage request and must identify the participants who will receive a copy.

The form “Notice Of News Media Request for Extended Media Coverage” must also be filed together with the Request specified above, and indicate the specific participants who will be served with a copy of the Request.

Applies to

Extended media coverage objection

An Extended Media Coverage objection must use the prescribed form appropriate to a party or witness objector.

Objections shall be filed using the forms “Objection of a ===== PAGE 18 ===== Party to Extended Media Coverage” or “Objection of a Witness to Extended Media Coverage.”

Applies to

Pleading

Must include

caption, case number

Every pleading must include a cause entitlement and case number and provide at least a 2-inch by 2-inch space in the upper-right corner of its first page for the clerk's file mark, without a backing sheet.

All pleadings shall include a cause entitlement and number, contain a space at least 2” by 2” inches at the upper right portion of the first page for the clerk's file mark, and it shall not contain a backing sheet.

Applies to

Exhibits

Each electronic exhibit file must contain an Exhibits Table of Contents identifying the offering party, assigned exhibit number, and exhibit description.

4. Each electronic file shall contain an Exhibits Table of Contents, as provided in appendix A (see below), which shall identify the party offering each exhibit, exhibit number assigned when the exhibit was offered, and description of the exhibit, for each exhibit to be included in the record on appeal.

Applies to

Exhibits

Physical exhibits that are too large or bulky to scan must be listed in the Exhibits Table of Contents and described by an inserted page in sequential order when appropriate.

d. Physical exhibits (i.e., clothing, charts, maps, photographs, or other items larger than 8.5” by 11” inches, too large or bulky to scanned) to be included in the record on appeal shall be recorded in the Exhibits Table of Contents. A page describing the exhibit shall be inserted in sequential order, as appropriate.

Applies to

Mediator report

Upon termination of mediation for any reason, the mediator must file a mediator report with the court using the form prescribed by the Presiding Judge.

Upon termination of mediation for any reason, including the election of a party, the mediator shall file with the court a mediator report on a form prescribed by the Presiding Judge.

Applies to

Post judgment hearing notice

Certain post-judgment hearing notices must state the arrest warning in bold and underlined text.

Notices of hearings on Citations to Discover Assets, Rules to Show Cause and any other hearing where a body attachment or warrant of arrest may issue for a party's failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type and underlined: "YOUR FAILURE TO APPEAR AT THIS HEARING MAY RESULT IN YOUR ARREST."

Applies to

Adoption report

Each adoption report must identify the minors, the case number, and the next scheduled hearing date and time if known.

The report shall contain the name of the minor(s) at issue in the case, along with the number of the case, and the date and time when the case will next be called by the court for hearing if known.

Applies to

Adoption consent

Adoption consents, acknowledgments of information exchange authorizations, and denial of exchange authorizations must be provided to the court by the hearing at which they are considered.

Consents to adoptions, acknowledgments of information exchange authorizations, and denial of exchange authorizations shall be provided to the court at or prior to any hearing at which the same will be considered.

Applies to

Appointment petition

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

A. The petition for appointment of a representative of a decedent or a ward shall disclose whether or not there exists a safe deposit box belonging to the estate or ward and the location thereof.

Applies to

Initial inventory

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

B. The initial inventory shall list the existence of any safe deposit box and the location thereof.

Applies to

Inventory

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.

C. The representative shall prepare an itemized statement of the contents of the safe deposit box, which shall be certified as true and correct by the representative. An itemized statement of the contents shall be included in the inventory filed with the Clerk of the Court.

Applies to

Current report

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.

D. Each current report shall disclose to the court the pendency of any claim, suit or proceeding by or against the estate or the representative of the estate and, in estates of deceased persons, any other reason which prevents final distribution and termination of the estate.

Applies to

Account

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

E. Each account shall include, to the satisfaction of the court, the following categories: 1. The assets on hand at the beginning of the period of time are covered by the account. 2. The income received during the period of time is covered by the account. 3. The disbursements made during the period of time are covered by the account.

Applies to

Mediation case summary

Each side must provide the mediator with a brief written case summary at least ten days before the mediation conference, or as otherwise required by the mediator.

At least ten (10) days before the conference or as otherwise required by the mediator, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party.

Applies to

Mediation case summary

The mediation case summary must state the operative facts, liability opinions, damages and injury information, and any settlement offers or demands.

The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding a settlement.

Applies to

Mediation case summary

The mediation case summary must disclose the names of all mediation participants before the mediation session.

Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

Applies to

Foreclosure estimates

Counsel must provide foreclosure estimates to the designated officer before the sale begins.

2. Foreclosure estimates.

Applies to

Sale estimate

Counsel must provide a sale estimate to the designated officer at the time of sale.

3. Sale estimate.

Applies to

Required documents

Required documents, including publication notices, must substantially conform to the forms provided by the Clerk of the Circuit Court.

All required documents, including publication notices, will be substantially in accordance with the forms provided by the Clerk of the Circuit Court.

Applies to

Subpoena

The manner and form of service must be stated on the subpoena.

The manner and form of service shall appear on the subpoena.

Applies to

Financial affidavit

Failure by either party to submit the required affidavit may result in sanctions under Supreme Court Rule 219.

Failure by either party to submit the affidavit required herein may be cause for sanctions pursuant to Supreme Court Rule 219.

Applies to

Parenting education compliance evidence

At the Initial Case Management Conference, parties must provide proof of approved parenting-education completion, a fixed compliance schedule, or cause to excuse compliance.

The status of parenting education, at which time the parties shall show proof of completion of the approved parenting education program, provide a fixed schedule for compliance, or show cause to excuse compliance; and

Applies to

Agreed parental responsibility order

When the parties have an agreement, they must provide the court with an agreed order allocating parental responsibility.

The status of allocation of parental responsibility and mediation, at which time the parties shall provide the court with an agreed order regarding the allocation of parental responsibility and an agreed parenting plan, if there is an agreement

Applies to

Case management conference memorandum

The Case Management Conference Memorandum must address the ten listed case-management, discovery, settlement, and case-disposition issues.

The Case Management Conference Memorandum shall address the following issues:

Applies to

Parenting coordination motion

The parenting-coordination motion should identify the qualified parenting coordinator proposed for appointment.

The motion should identify a qualified parenting coordinator to be appointed.

Applies to

Certificate of assets debts

For good cause, the court may make a temporary Public Defender appointment without first receiving the Certificate of Assets/Debts, but the appointment will not continue beyond the current proceeding without compliance.

The court may, for good cause, temporarily appoint the Public Defender without prior receipt of the Certificate of Assets/Debts form to serve as counsel in the proceeding then before the court. However, the appointment shall be reviewed and not continue beyond that proceeding unless or until the provisions of Paragraph (a), above, have been complied with.

Applies to

Certificate of history of prior offenses

When ordered by the sentencing judge, a certificate of history of prior offenses must also be filed in any other case before sentencing.

Upon order of the Sentencing Judge, said certificates of history of prior offenses shall also be filed in any other case prior to the pronouncement of sentence.

Applies to

Proposed order

An otherwise disqualified receiver may be appointed by an order that specifically states the reason for departing from the general disqualification rule.

B. If the court is satisfied that the best interests of the parties would be served, an individual or corporation otherwise disqualified under 6.01(A) of this rule may be appointed as receiver by an order specifically setting forth the reason for departing from the general rule.

Applies to

Reply brief

A reply brief or supporting memorandum may respond only to new matters raised in the opponent's response brief or memorandum.

Any such brief or memorandum shall be limited to responding to new matters raised in the opponent's response brief or memorandum.

Applies to

Notice of motion

A notice of hearing for a renewed motion must state that the motion was previously ruled on and identify the judge who issued the ruling.

The notice of hearing shall include a statement that the motion has previously been ruled upon and the name of the judge who ruled on the motion.

Applies to

Stenographic transcript

Transcripts made from stenographic notes must be prepared and certified by qualified official court reporting services employees under the relevant statute, regulation, and rule.

Transcripts generated from stenographic notes shall be prepared and certified by qualified official court reporting services employees pursuant to the relevant statute, regulation, and rule and are not affected by subparagraphs (B), (C)(2) and (C)(3) above.

Applies to

Certified transcript

Unless a court order provides otherwise, only a transcript certified by an official court reporting services employee of the Circuit is the Official Record.

Unless specifically authorized by court order to the contrary, only a transcript certified by one of the official court reporting services employees of this Circuit is the Official Record.

Applies to

Exhibits

Exhibits offered but not admitted must also be listed in the Exhibits Table of Contents and described by an inserted page in sequential order when appropriate.

e. Exhibits offered but not admitted shall also be recorded in the Exhibits Table of Contents. A page describing the exhibit shall be inserted in sequential order, as appropriate.

Applies to

Mediation report

The mediator must file a report with the court in accordance with Article 18.08 when agreements are reached in mediation.

The mediator shall file a report with the court in accordance with Article 18.08.

Applies to

Final mediator report

When mediation terminates without agreement, the mediator must file a final report stating only that mediation concluded without agreement and omitting the reasons for nonagreement.

Upon termination without agreement, the mediator shall file with the court a final mediator report stating that the mediation has concluded without disclosing any reasons for the parties' failure to reach agreement.

Applies to

Interim mediator report

If mediation cannot be completed within 60 days, the mediator must file an interim report.

If the case cannot be completed within 60 days, the mediator shall file an interim report.

Applies to

Arbitration case statement

At the hearing's commencement, counsel must provide a brief written statement describing the case and stipulating to all relevant agreed facts.

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.

Applies to

Stipulation

When applicable, the stipulation must include the specified relevant facts and litigation-related details, as well as other relevant and material facts.

The stipulation shall include, if applicable, relevant contract terms, dates, times, places, location of traffic control devices, year, make and model of automobiles or other vehicles, equipment or goods and products which are involved in the litigation and other relevant and material facts.

Applies to

Legal authority copies

Counsel must provide the arbitration panel with copies of all legal authorities relied upon.

Counsel shall provide the arbitration panel with copies of any legal authority upon which they rely.

Applies to

Report

Reports should include appropriate references to any related case.

Reports should include appropriate references to any related case.