11th Judicial Circuit Court, McLean County, Illinois Document Filing Requirements

CRITICAL

Applies to

Motion

A motion to defer must state in detail the supporting facts and circumstances.

The motion shall set forth, in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Notice of hearing

A hearing notice must identify the judge, case, hearing date and time, and motion, and must include the motion papers or state that they were previously served.

The notice of hearing shall designate the judge, the title and case number of the action, the date and time the motion will be presented, and the nature of the motion. A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.

CRITICAL

Applies to

Mediation notice

If neither party has contacted the mediator to set an evaluation conference within 14 days of the order, the mediator must notify the parties in writing of the mediation’s time, date, and location.

If both parties have not contacted the mediator to set an evaluation conference within fourteen (14) days of the Order for Mediation, the mediator shall notify the parties, in writing, of the time, date, and location of the mediation.

CRITICAL

Applies to

Written order

An entered written order may be modified or altered only by a subsequent written order.

No written order entered shall be modified or altered except by a subsequent written order.

CRITICAL

Applies to

Written charging decision

The State's Attorney or designee must provide the Court a written charging decision based on the verified statement and sufficiently detailed police reports or witness statements provided for screening.

The State's Attorney of said county, or their designee, shall provide to the Court a written charging decision, based on the verified statement and any police reports or witness statements provided by the arresting agency to the State's Attorney conducting the screening and which contain sufficient factual information from which the Court can make a determination of probable cause.

CRITICAL

Applies to

Certificate of compliance

The Rule 604(d) certificate of compliance must include every certification in the suggested form in Appendix B.

For purposes of this Rule, the certificate of compliance must include all of the certifications set forth in the suggested form included in the appendix to these Rules as Appendix B.

CRITICAL

Applies to

Mediation report

Any mediation agreement must be put in writing and attached to the mediation report.

Any agreement will be reduced to writing and shall be attached to the mediation report.

CRITICAL

Applies to

Mediation referral form

A mediation referral form must be sent to the mediator within 3 days after the Order for Mediation is entered.

A mediation referral form shall be sent to the mediator in all cases within 3 days of the entry of the Order for Mediation.

CRITICAL

Applies to

Room reservation form

The reservation form and all fees are due three business days before the reservation.

This reservation form and all fees are due 3 business days prior to the reservation.

CRITICAL

Applies to

Motion

A party challenging or seeking to enforce discovery, or addressing the sufficiency of a response by motion, must attach and file all relevant discovery with the motion.

Whenever any party has objection to any requests or seeks to enforce compliance with any request or otherwise addresses a motion to the sufficiency of a response, he shall attach to his motion and file with the Circuit Clerk, a copy of all relevant discovery in order that the court may properly consider the motion.

CRITICAL

Applies to

E filed pleading and document

Must include

caption, case number

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

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

CRITICAL

Applies to

Discovery service certification

The State's Attorney's certification must confirm provision of required State material, identify the specified Rule 412 and other applicable categories, and state the number of pages provided for each reference.

The State's Attorney shall certify that material within the possession or control of the State required to be disclosed by Supreme Court Rule 412 has been provided and identify the categories of material by specific reference to subparagraphs (a), and its subparts, (b) and (c), and to Supreme Court Rule 415(b) and Supreme Court Rule 417, if applicable, setting out the number of pages of material, so provided as to each said reference.

CRITICAL

Applies to

Mediation program report

The mediation-program report to the Supreme Court must state the type and number of issues resolved.

This report shall also contain the type and number of issues resolved through the mediation program.

CRITICAL

Applies to

Entry of appearance

A recipient of a small-claims or arbitration summons for money damages must appear in person, make their presence known to the Clerk, and file a written Entry of Appearance.

Service of this summons upon you requires that you or your attorney appear in person at the time and place specified in the summons and make your presence known to the Clerk of the Court, at which time you will be required to file a written Entry of Appearance and pay the required fee.

CRITICAL

Applies to

Settlement or dismissal notice

Plaintiff's counsel must immediately notify the Administrative Assistant for Arbitration in writing of any settlement or dismissal; failure to do so may result in sanctions.

Counsel for plaintiff shall give immediate notification in writing to the Administrative Assistant for Arbitration of any settlement of cases or dismissal. Failure to do so may result in the imposition of sanctions.

CRITICAL

Applies to

Corporate surety bond

A corporate or association surety bond will be approved only if the surety's current certified authority is on file with the clerk and the required verified power of attorney or certificates are attached.

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

CRITICAL

Applies to

Mediation summary

The mediation summary must include the occurrence facts, liability opinions, damages and injury information, settlement offers or demands, and the names of all participants before the session.

The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

CRITICAL

Applies to

Memorandum of agreement

An executed Memorandum of Agreement is tendered to the Court for approval and becomes enforceable once approved and entered.

Any executed Memorandum of Agreement is tendered to the Court for approval. Once the Court approves and enters the Memorandum of Agreement it is fully enforceable by the Court.

CRITICAL

Applies to

Venue waiver motion

When neither party resides in the county where the initial pleading is filed, petitioner’s counsel must file a written venue-waiver motion with that pleading, for hearing and decision before any other issue is addressed.

- B. Dissolution Venue. In any case brought pursuant to the Illinois Marriage and Dissolution of Marriage Act where neither petitioner nor respondent resides in the county; where the initial pleading is filed, counsel for the petitioner shall file with said pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of § 104 of said Act.

CRITICAL

Applies to

Financial document exhibit

Financial documents, bank records, and income-and-expense affidavits admitted as exhibits must be filed under Supreme Court Rule 138 and are impounded unless the court orders otherwise.

Any financial document, bank record or affidavit of income and expenses offered and received as an exhibit shall be filed in accordance with Supreme Court Rule 138, and shall be considered impounded, unless the court orders otherwise.

CRITICAL

Applies to

Settlement agreement

Any mediation agreement must be put in writing and signed by the parties and their counsel, if any, at the conclusion of mediation.

If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation.

CRITICAL

Applies to

Summons

The specified Notice to Defendant must be affixed to summonses issued in forcible-detainer actions.

The following "Notice to Defendant" shall be affixed to summons issued by the Clerk in actions for forcible detainer, to-wit: You are required to personally appear at the time and place specified in the above summons. If you fail to do so, judgment may be entered against you for the relief asked in the complaint filed in this cause.

CRITICAL

Applies to

Written order

The judge’s findings must be entered in a written order and the appropriate county’s State's Attorney must file it with the Circuit Clerk on the first business day after the proceeding.

The judge shall enter the findings on a written order, which shall be filed with the Circuit Clerk by the State's Attorney of the appropriate county on the first business day following the court proceeding.

CRITICAL

Applies to

Appointment application

Attorneys seeking appointment in child parenting-responsibility and parenting-time cases must apply in writing to the Chief Judge.

- B. Attorneys seeking appointment in child parenting responsibility and parenting time case shall apply in writing to the Chief Judge of the Eleventh Judicial Circuit.

CRITICAL

Applies to

Subpoena

A subpoena seeking specified materials must bear the prescribed legend on its face or conspicuously attached, and copies of the subpoena and notice of service must be mailed first class to parties who have appeared within 48 hours of issuance.

A subpoena issued under this Rule seeking specified documents, objects or tangible things shall bear the following legend on the face of the subpoena, or conspicuously attached thereto, and a copy of the subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the case:

CRITICAL

Applies to

Probable cause submission

The State's Attorney of said county, or their designee, shall provide to the Court a written charging decision, based on the verified statement and any police reports or witness statements provided by the arresting agency to the State's Attorney conducting the screening and which contain sufficient factual information from which the Court can make a determination of probable cause.

The State's Attorney of said county, or their designee, shall provide to the Court a written charging decision, based on the verified statement and any police reports or witness statements provided by the arresting agency to the State's Attorney conducting the screening and which contain sufficient factual information from which the Court can make a determination of probable cause.

CRITICAL

Applies to

Summons

The summons must require the plaintiff and all defendants, or their representatives, to appear at the indicated time and place.

The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated.

CRITICAL

Applies to

Search warrant return

After a proper search-warrant return, the court must file the specified warrant documents with the county Circuit Clerk and place the return in the related criminal file if one exists, or otherwise in an MR file; the court may alter the rule by written order for good cause in a particular case.

Upon a proper return of a search warrant being made to the court in accordance with the provisions of Section 5/108-10 of the Illinois Code of Criminal Procedure, the court shall file the complaint, search warrant, and return and inventory of items seized or return indicating that the warrant was not executed with the Circuit Clerk of the county within which the warrant was issued. If there is at the time of the filing of the return a criminal charge pending arising from or related to the search warrant, then the return shall be filed within that criminal file. If there is no criminal file at the time of the filing of the return, then the return shall be filed in a Miscellaneous Remedy (MR) file. The court may, upon written order alter the provisions of this rule for good cause in a particular case.

CRITICAL

Applies to

Original signed e filed document

The original signed document that was e-filed must be maintained and preserved as required by the Illinois Supreme Court's Electronic Filing Standards and Principles.

The original signed document that has been electronically filed shall be maintained and preserved as required by Illinois Supreme Court's Electronic Filing Standards and Principles.

CRITICAL

Applies to

Probable cause statement

For Ford, Livingston, Logan, and Woodford Counties, the State's Attorney or designee must present a probable-cause statement to the presiding judge beginning promptly at 1:00 PM at the stated or judge-designated location.

For the counties of Ford, Livingston, Logan and Woodford, the State's Attorney, or their designee, shall present a probable cause statement to the Judge presiding over the weekend/holiday Gerstein hearings beginning promptly at 1:00 PM at the McLean County Law & Justice Center, or any other location designated by the presiding judge, on the date of the weekend/holiday Gerstein hearings court.

CRITICAL

Applies to

Room reservation form

Attorneys must complete and return the reservation form with the appropriate fee before making a reservation.

Attorneys must complete a reservation form (attached) and return the reservation form and appropriate fee prior to any reservation.

CRITICAL

Applies to

Subpoena

Every subpoena issued under this Rule must be sent with a certification page containing the prescribed certification language and spaces for date, signature, and printed name.

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this Rule: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this case and that the documents, objects or tangible things attached hereto represent full and complete compliance with said subpoena. Date: _____ Signature: _____ Printed name: _____

CRITICAL

Applies to

Reassignment request

When reassignment involves the presiding Circuit judge, the request must be in writing and a copy of the referral must be filed in the court file.

B. If the recusal or motion for substitution involves the presiding Circuit judge of a county or division, the case shall be referred to the Chief Judge for reassignment. Such request for reassignment shall be in writing, and a copy of said referral shall be filed in the court file.

CRITICAL

Applies to

Discovery service certification

Must include

case number

Proof of service must be made by counsel's certification, which must identify the case by name and number, be filed with the Circuit Court Clerk, and identify the specific material provided as required by the following provisions.

Proof of service on the party to whom the material is directed shall be made by certification of counsel responsible for the case. The certification shall include the name and case number of the case to which it relates, be filed with the Clerk of the Circuit Court and meet the following minimum requirements for identifying the specific material provided:

CRITICAL

Applies to

Receiver motion

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

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

Certification

Counsel must file a certification of discovery compliance with the circuit clerk that describes the documents filed in relation to the request, and discovery-document filings must comply with Supreme Court Rule 201(m).

Proof of compliance with requests for discovery in all civil matters (including interrogatories, requests for production and requests to admit) shall be made by filing with the Circuit Clerk the certification of counsel showing that compliance has been accomplished. The certification shall include a description of the documents filed with reference to the request made. The filing of discovery documents with the Circuit Clerk shall be in accordance with Supreme Court Rule 201 (m).

CRITICAL

Applies to

Mediation report

Mediators must complete and submit a report after each session containing the stated attendance, outcome, and mediation-status information.

A mediation report shall be completed by the mediators at the end of each mediation session and submitted to the Court and the Arbitration Administrator. The report shall also inform the Court if an ordered party failed to appear. Additionally, the report shall indicate whether the mediation parties reached full agreement, partial agreement, or no agreement. Any agreement will be reduced to writing and shall be attached to the mediation report. If the mediation does not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated among the parties in attendance, and whether the case has been or will be reset for mediation. If, after the initial meeting, it was determined that the case is not suitable for mediation at the time, the report will so indicate.

CRITICAL

Applies to

Summons

In all other cases, the court will use a summons requiring appearance within 30 days after service under Supreme Court Rule 101(d).

In all other cases, a summons requiring appearance within 30 days after service as set forth in Supreme Court Rule 101(d) will be utilized by this court.

CRITICAL

Applies to

Affidavit of income and expenses

In the specified proceedings, parties must prepare an affidavit of income and expenses unless the court directs otherwise for good cause.

1. Affidavit of Income and Expenses. In all proceedings involving petitions for attorney's fees, court costs, maintenance, support and/or parenting responsibilities and parenting time for/with children and modification of any previous orders relating thereto, the parties shall prepare an affidavit of income and expenses with proof of service pursuant to Supreme Court Rule 11, unless for good cause shown the court otherwise directs.

CRITICAL

Applies to

Professional liability insurance coverage copy

Mediators must submit a copy of their professional liability insurance coverage to the Chief Judge annually by January 31.

A copy of said insurance coverage shall be submitted to the Chief Judge of the Eleventh Judicial Circuit on or before January 31st of each year.

CRITICAL

Applies to

Reassignment request

When no county judge may hear the case or all have recused themselves, the reassignment request must be in writing and a copy of the referral must be filed in the court file.

C. If none of the judges within the County may hear the specific case; or all have recused themselves, the case shall be referred to the Chief Judge for reassignment. Such request for reassignment shall be in writing, and a copy of said referral shall be filed in the court file.

CRITICAL

Applies to

Mediation report

If mediation ends without agreement or is terminated, the mediator must report that outcome to the court without comment or recommendation, using a form similar to Appendix G.

If the parties do not reach an agreement as to any matter as a result of mediation, or the mediation is terminated, the mediator shall report the lack of an agreement or termination to the court without comment or recommendation. The mediator shall report any Termination or No Agreement on a form similar to that in Appendix G.

CRITICAL

Applies to

Petition for approval

A petition for approval must be verified and state the parties’ names and addresses, the interest’s nature and value, and the applicable consideration, fees, and expenses.

The petition for approval shall be verified and state: - a. The names and addresses of the assignor and assignee; - b. The nature and value of the interest involved; - c. In the case of assignment, the consideration, if any, paid or to be paid the assignor, and the fees and expenses charged or to be charged in connection therewith; - d. In the case of a power of attorney, the fees and expenses charged or to be charged by the attorney in fact and his agents or representatives.

CRITICAL

Applies to

Receiver inventory

If no appraisers are appointed, the receiver must investigate estate-property values and list each item's value in the inventory.

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.

CRITICAL

Applies to

Petition for approval

Covered assignments and powers of attorney must be presented to the presiding judge of the proper division for filing approval by verified petition.

Each assignment of, or power of attorney with respect to a distributee's interest in the estate of a decedent, or an interest in a judgment, or a distributee's interest in a partition suit, or funds on deposit or in the custody of the Clerk of the Court for other civil purpose, shall be presented to the presiding judge of the proper division of Court for approval of filing, by a verified petition.

CRITICAL

Applies to

Subpoena

Only completed subpoenas may be submitted to the Circuit Clerk for issuance.

Only completed subpoenas shall be submitted to the Circuit Clerk for issuance.

CRITICAL

Applies to

Probable cause order

The judge shall enter the findings on a written order, which shall be filed with the Circuit Clerk by the State's Attorney of the appropriate county on the first business day following the proceeding. The State's Attorney of McLean County, or their designee, is charged with the responsibility of providing the order(s) to the Sheriff of each county as necessary.

The judge shall enter the findings on a written order, which shall be filed with the Circuit Clerk by the State's Attorney of the appropriate county on the first business day following the proceeding. The State's Attorney of McLean County, or their designee, is charged with the responsibility of providing the order(s) to the Sheriff of each county as necessary.

CRITICAL

Applies to

Mediation referral form

The mediation referral form must be completed by petitioner’s counsel or another party directed by the Court and sent to the mediator within three days after the mediation order is entered.

A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Order for Mediation and shall be completed by counsel for the Petitioner or such other party as the Court directs.

CRITICAL

Applies to

Reciprocal discovery order

In felony cases where the defendant pleads not guilty, the Court must enter a reciprocal discovery order on the arraignment date unless it directs otherwise.

In all felony cases where the defendant pleads not guilty, the Court shall enter a reciprocal discovery order. The order will be entered on the date of the arraignment unless the Court directs otherwise.

CRITICAL

Applies to

Verified statement

Transport-arrangement information must be made known to Juvenile Detention Center staff and the McLean County State's Attorney's office when the verified statement of arrest is filed.

The information regarding transport arrangements shall be made known to the staff of the Juvenile Detention Center and McLean County State's Attorney's office at the time of filing the verified statement of arrest.