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

CRITICAL

Applies to

E filed document

E-filed documents other than exhibits must include the specified attorney information and ARDC number; self-represented parties must provide contact information and may provide an email address if they elect email service.

Each e-filed document, excluding exhibits, shall include the typed name, e-mail address, address and telephone number of the attorney filing such document. Attorneys shall also include their ARDC identification number. Self-represented parties must provide contact information and may provide their email address if they elect to receive email service.

CRITICAL

Applies to

Mediation referral

Mediation referrals must be made by an Order to Mediation.

Referral to mediation shall be made by an Order to Mediation.

CRITICAL

Applies to

Speedy trial demand

Must include

caption, case number

A speedy-trial demand must be a separate written document with a proper caption and case number, signed and dated by the defendant or the defendant's attorney.

Any demand for speedy trial made by a defendant pursuant to 725 ILCS 5/103-5 shall be made in writing as a separate document, containing proper case caption and case number, signed and dated by the defendant and/or defendant's attorney.

CRITICAL

Applies to

Mediated agreement

When participants have not obtained independent legal counsel, the court must be advised when the mediated agreement is presented for approval.

- I. If independent legal counsel is not obtained the court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Mediator report

Each mediator must file a copy of the mediator report with the court file and the Arbitration Administrator within five days after mediation is completed.

Each mediator shall file a copy of the mediator report with the court file and the Arbitration Administrator within five (5) days of completing mediation.

CRITICAL

Applies to

Discovery service certification

The defendant's attorney's certification must confirm provision of required defense material, identify the specified Rule 413 and other applicable categories, and state the number of pages provided for each reference.

The attorney for the defendant shall certify that material within the possession or control of defendant or his counsel required to be disclosed by Supreme Court Rule 413 has been provided and identify the categories of material by specific reference to subparagraphs (c) and (d) and its subparts, and to Supreme Court Rule 415(b) and Supreme Court Rule 417, if applicable, setting out the number of pages of materials so provided as to each said reference.

CRITICAL

Applies to

Bail order

A judge's increase or decrease of bail must be in writing.

No bail fixed by a judge will be increased or decreased except in writing.

CRITICAL

Applies to

Subpoena response

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 the 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.

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 the 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.

CRITICAL

Applies to

Initial pleading

A civil action seeking money damages must have the party’s affidavit attached to the initial pleading stating whether the total damages sought exceed $50,000; without the affidavit, the action is treated as seeking no more than $50,000 for discovery purposes.

"Any civil action seeking money damages shall have attached to the initial pleading the party's affidavit that the total money damages sought does or does not exceed $50,000. If the damages sought do not exceed $50,000, this rule shall apply." In accordance with said Rule, it is ordered that any civil action filed without such affidavit attached shall be deemed to be seeking damages not exceeding $50,000 for purposes of determining the appropriate discovery procedures to be utilized and Supreme Court Rule 222 shall govern the discovery process in all such cases.

CRITICAL

Applies to

Hearing statement and stipulation

At the start of the hearing, the parties' attorneys must provide a brief written case statement with a stipulation of agreed relevant facts; the stipulation must include applicable specified details and state that it cannot be used for evidentiary or impeachment purposes in a later hearing.

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. The stipulation shall include, if applicable, relevant contract terms, dates, times, places, location of traffic control devices, year, make and model of automobiles and of other vehicles, equipment or goods and products which are involved in the litigation and other relevant and material facts. However, the stipulation may not be used for evidentiary and/or impeachment purposes in any subsequent hearing and the written stipulation shall so state.

CRITICAL

Applies to

Formal agreement

The attorneys will review the memorandum, advise their clients, and draft a formal agreement for submission to the court.

The attorneys will review the memorandum, give advice and opinions, and draft a formal agreement to submit to the court.

CRITICAL

Applies to

Pre sentence report

The pre-sentence report must be open to the defendant's attorney for inspection at least three days before sentencing unless the three-day requirement is waived.

This section provides that the report shall be opened for inspection to the defendant's attorney at least three (3) days prior to imposition of sentence unless such three (3) day requirement is waived.

CRITICAL

Applies to

Mediation intake form

Individuals expected to participate in mediation must complete and submit intake forms.

All individuals expected to participate in mediation sessions must complete intake forms and submit them.

CRITICAL

Applies to

Mediation report

The report must identify whether the agreement is full or partial, be signed by the mediator, and be filed with the Circuit Clerk within ten days after the last mediation conference.

The report shall designate either full or partial agreement. This report shall be signed by the mediator and shall with filed with the Circuit Clerk within ten (10) days of the last day of the mediation conference.

CRITICAL

Applies to

Continuing legal education attendance verification

Attorneys on the approved list must submit verification of continuing-education attendance to the Office of the Chief Judge at the time of attendance or upon request.

- C. To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least five (5) hours every two-year period and submit verification of attendance to the Office of the Chief Judge at the time of attendance or upon request.

CRITICAL

Applies to

Summons

Small-claims and arbitration summonses for money damages must include the specified Notice to Defendants.

The following "Notice to Defendants" shall be included within the summons issued by the Clerk in actions for money damages styled as small claims (SC) or arbitration (AR): 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. Your failure to respond to this summons in the manner prescribed above may result in a judgment being entered against you on the date set for your appearance in said summons, and said judgment will be for the amount claimed in the complaint and court costs.

CRITICAL

Applies to

Court approved report form

After mediation is completed or terminated, the mediator must submit the court-approved report form to the court and the attorneys.

The mediator shall submit the court approved report form to the court and to the attorneys following the completion/termination of mediation.

CRITICAL

Applies to

Probable cause documents

The detention center superintendent must make the documents available to the McLean County State's Attorney or designee by 12:30 PM on the weekend or holiday court-session date.

The Superintendent of the Juvenile Detention Center shall make said documents available to the McLean County State's Attorney, or their designee, by 12:30 PM on the date of the weekend/holiday court session.

CRITICAL

Applies to

Mediation summary

Each side must present the mediator with a brief written case summary listing the issues for each party at least 10 days before the conference.

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

CRITICAL

Applies to

Discovery materials

Discovery materials that the parties must exchange must not be filed in the related court file.

The discovery materials required to be exchanged between the parties shall not be filed in the court file to which it relates.

CRITICAL

Applies to

Findings sheet

If the panel unanimously finds a party violated Rule 91(b), the finding and its factual basis must be noted on a findings sheet that becomes part of the award.

In the event the panel of arbitrators unanimously finds that a party has violated the good-faith provisions of Supreme Court Rule 91(b), such finding accompanied by a factual basis shall be noted on a findings sheet. Such finding sheet shall become part of the award.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties at the conclusion of mediation.

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

CRITICAL

Applies to

Rule 604 d certificate

In covered cases, the defendant's attorney must file a Rule 604(d) certificate before the court may hold a hearing on a motion to reconsider sentence or to withdraw a guilty plea and vacate judgment.

In all cases subject to Supreme Court Rule 605(b) and (c) in which a Motion To Reconsider Sentence or Motion To Withdraw Plea of Guilty and Vacate Judgment are filed, the court shall not proceed to hearing on the motion until the defendant's attorney has filed a certificate in compliance with Supreme Court Rule 604(d).

CRITICAL

Applies to

Verified statement

A peace officer who causes a juvenile respondent to be incarcerated must provide the detention center superintendent a verified statement of the allegations establishing probable cause.

Any peace officer who arrests a juvenile respondent without a warrant or on a request for apprehension and causes said person to be incarcerated by the Superintendent of the McLean County Juvenile Detention Center, shall provide to the Superintendent of said facility a verified statement setting forth the allegations establishing probable cause to arrest.

CRITICAL

Applies to

Written plea agreement

In felony cases where a Rule 402 Plea Agreement is tendered, counsel must submit a written agreement containing all listed plea, dismissal, sentencing, financial, prior-record, investigation-waiver, supervision, and other-condition terms.

In all felony cases in which a Plea Agreement is tendered to the Court pursuant to the provisions of Supreme Court Rule 402, counsel shall submit a written Plea Agreement which includes: - ○ The charges or counts to which a guilty plea is being entered; - ○ The charges or counts being dismissed; - ○ The maximum jail or Illinois Department of Corrections sentence agreed to; - ○ The amount of fines, costs, restitution and other financial obligations; - ○ Defendant's prior record; - ○ A waiver of the pre-sentence investigation report if an agreed plea; - ○ The amount of time of supervision or probation; - ○ Any additional conditions of the agreement.

CRITICAL

Applies to

Agreed order

The mediator and parties must notify the Court of an agreement and submit the agreed order.

The mediator and the parties must notify the Court that an agreement was reached, submit the agreed order, and if approved, the Court shall enter a judgment order on that agreement.

CRITICAL

Applies to

Witness statement or affidavit

Witness statements and affidavits must state the witness's name, address, and telephone number.

The statements and affidavits of witnesses shall set forth the name, address and telephone number of the witness.

CRITICAL

Applies to

Notice of hearing

When a motion is heard without prior notice, the party obtaining the order must serve written notice containing specified hearing and order information on parties not in default.

If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the judge who heard the motion, date of the hearing, and the order of the court thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.

CRITICAL

Applies to

Certification

The service certification must be filed with the circuit clerk, and identical requests to multiple parties may be covered by one certification.

Certification shall be filed with the clerk of the circuit court. If identical requests are made of multiple parties, they may be included in one certification.

CRITICAL

Applies to

Receiver inventory

The receiver's filing must include a detailed report and inventory of all estate property and identify property in the receiver's possession or control.

No later than thirty (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 estate and designating the property within his possession or control.

CRITICAL

Applies to

Warrant recall

A warrant issued by court order may be recalled only in writing.

No warrant issued by order of the court will be recalled except in writing.

CRITICAL

Applies to

Surety bond

Personal-surety bonds require court approval, and sureties must file property schedules unless excused by the court.

Bonds with personal sureties shall be approved by the court. Unless excused by the court sureties shall execute and file schedules of property in a form approved by the court.

CRITICAL

Applies to

Filing

Must include

caption, case number

Filings with an incorrect caption, case number, case category, case type, or filing county will be rejected.

Incorrect caption, case number, case category, case type or filing county.

CRITICAL

Applies to

Recording

A deposition recording intended for use in evidence must be filed as directed by the court.

A recording of the deposition for use in evidence shall be filed as directed by the court.

CRITICAL

Applies to

Mediation referral form

The moving party’s attorney, or the Judge when both parties are self-represented, must complete and forward the Mediation Referral form to the selected mediator or mediators.

The moving party's attorney, or Judge when both parties are pro se, shall be responsible for completion of the Mediation Referral form and for forwarding that form to the mediator(s) selected.

CRITICAL

Applies to

Verified probable cause statement

A peace officer in the specified circumstances must provide the county sheriff with a verified statement alleging facts establishing probable cause to arrest.

Any peace officer who arrests a person without a warrant and causes said person to be incarcerated by the Sheriff of the County of arrest, shall provide to the Sheriff of the County a verified statement setting forth the allegations establishing probable cause to arrest.

CRITICAL

Applies to

Probable cause statement

The State's Attorney or designee must present a probable-cause statement to the presiding judge beginning promptly at 1:00 PM at the designated location on the weekend or holiday bond-court date.

The State's Attorney, or their designee, shall present a probable cause statement to the Judge presiding over the weekend/holiday court 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 bond court.

WARNING

Applies to

Speedy trial demand

The Court will not accept a speedy-trial demand that fails to comply with the rule unless it finds that the State had actual notice and the interests of justice require recognizing the demand.

No demand for speedy trial shall be accepted by the Court unless filed in accordance with this Rule, absent a finding by the Court that the State had actual notice of the demand and that the interests of justice require recognition of such demand.

WARNING

Applies to

Warrant calendar list

Each May, the Circuit Clerk must prepare a list of warrant-calendar cases pending for more than 12 months and deliver it to the county State's Attorney and presiding judge, with a division-specific recipient in McLean County.

Annually in the month of May the Circuit Clerk of each county shall prepare a list of all cases transferred to the warrant calendar for over twelve (12) months. A copy of the list shall be delivered by the Clerk to the office of the State's Attorney of the county and to the Presiding Judge of each County, or in McLean County, the presiding judge of each division.

WARNING

Applies to

Certificate

The Court may waive the voucher requirement for an account presented by an authorized bank or trust company if it receives an officer-signed certificate stating that the vouchers are on file, in the institution’s physical possession, and will be retained for a reasonable time.

In the event that an account of a fiduciary is presented in any applicable division of the Circuit Court by a bank or trust company authorized to administer trusts in the State of Illinois, the Court may waive the requirement of exhibiting the necessary vouchers for distributions, upon presentation of a certificate signed by an officer of the bank or trust company stating that the vouchers covering the disbursements in the account presented are on file with the bank or trust company and in the physical possession thereof and will be retained for a reasonable length of time.

WARNING

Applies to

Electronic exhibit index and file

At the conclusion of a hearing or trial, as directed by the Court, the Circuit Clerk or designee must create an electronic exhibit index and file listing each exhibit’s identifying information, disposition, and hearing date.

At the conclusion of the hearing or trial, and as directed by the Court, the Circuit Clerk or their designee shall create an electronic exhibit index and file for each hearing, or trial, for all exhibits indicating the exhibit number, name or description of the exhibit (or title of the document), whether the exhibit was admitted, denied or reserved and date of the hearing. Said exhibit file shall be in compliance with IL Supreme Court M.R. 18368 (January 22, 2016) and the IL Supreme Court Standards and Requirements for Electronic Filing the Record on Appeal (revised).

WARNING

Applies to

Parenting education certificate of completion

Failure to file a parenting-education certificate of completion may prevent parents from receiving a final parenting-responsibility or parenting-time order.

Parents of minor children subject to this rule that fail to file a certificate of completion with the Clerk of the Court may not be granted a final order of parenting responsibility or parenting time.

WARNING

Applies to

Mediation summary

- D. The proposed resolution of the mediated issues will be documented in a written summary. This summary will form the basis of the formal mediated agreement, presented to the court for approval.

- D. The proposed resolution of the mediated issues will be documented in a written summary. This summary will form the basis of the formal mediated agreement, presented to the court for approval.

WARNING

Applies to

Financial mediator application

Any person seeking to become a financial mediator should apply in writing to the Chief Judge of the Eleventh Judicial Circuit. The applicant should set forth his/her background and experience in mediation and should show that the Minimum Qualifications of Mediators are met.

Any person seeking to become a financial mediator should apply in writing to the Chief Judge of the Eleventh Judicial Circuit. The applicant should set forth his/her background and experience in mediation and should show that the Minimum Qualifications of Mediators are met.

WARNING

Applies to

Separate exhibit index and file

The Circuit Clerk or designee must create a separate exhibit index and file for each physical exhibit that cannot be reproduced electronically.

The Circuit Clerk or their designee shall create a separate exhibit index and file for any physical object offered as an exhibit which cannot be reproduced electronically.

WARNING

Applies to

Mediation summary

If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed.

If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed.

WARNING

Applies to

Request for approval of mediated agreement

When approval of a mediated agreement is sought, the court should be advised if only one or neither participant had independent legal counsel during mediation.

Where only one or neither participant was represented by independent legal counsel during mediation, the court should be so advised when approval of the mediated agreement is sought.

WARNING

Applies to

Papers ordered not to be filed

The Circuit Court Clerk must refuse papers that Rule 205 prohibits from being filed.

The Clerk of the Circuit Court is directed to refuse to accept papers that are ordered not to be filed by this rule.

WARNING

Applies to

Electronic exhibit index and file

Exhibits reproducible electronically in PDF format must be included in the electronic exhibit index and file.

Exhibits that can be reproduced electronically in PDF format shall be included in any electronic exhibit index and file.

INFO

Applies to

Appointment application

The applicant should set forth his/her qualifications as set forth above.

The applicant should set forth his/her qualifications as set forth above.