14th Judicial Circuit Court, Mercer County, Illinois Document Filing Requirements

CRITICAL

Applies to

Written motion

In child custody cases covered by Supreme Court Rule 924, a written motion detailing the reasons must support any request for a good-cause excuse from the four-hour parenting education program.

In all "child custody cases" contemplated by Supreme Court Rule 924, except when excused by the court for good cause shown in a written motion that details the reasons therefore, the parties shall complete a four hour parenting education program covering the subjects of visitation, custody and their impact on children.

CRITICAL

Applies to

Notice of hearing

A complete and accurate Notice of Hearing must be filed and served in all cases.

A complete and accurate Notice of Hearing must be filed and served in all cases.

CRITICAL

Applies to

Complaint and summons

The complaint and all summonses must display “THIS IS ANARBITRATION CASE.” in uppercase letters in the upper-right corner.

The complaint and all summonses shall state in upper case letters on the upper right- hand corner "THIS IS ANARBITRATION CASE."

CRITICAL

Applies to

Statement of case

In jury trials, each party must provide a typed statement of the case for the Court to read to the jury.

In jury trials, each party shall provide a typed statement of the case to be read by the Court to the jury.

CRITICALCivil cases

Applies to

Financial affidavit

A party must file the financial affidavit with that party’s initial pleading.

A financial affidavit shall be filed with a party’s initial pleading.

CRITICAL

Applies to

Mediation order

The parties must provide the Court Administrator with a copy of the Mediation Order.

The parties shall provide a copy of the Mediation Order to the Court Administrator.

CRITICALCivil cases

Applies to

Mediation agreement

The agreement must be filed when the law requires filing or the parties consent to filing.

The agreement shall be filed when required by law or with the parties' consent.

CRITICALCivil cases

Applies to

Guardian information sheet

Each proposed guardian must complete and sign a separate Guardian Information Sheet.

Each proposed guardian shall be required to complete and sign a separate information sheet.

CRITICAL

Applies to

Supreme court rule 213 f disclosure

For each Rule 213(f)(2) or (3) witness called live at trial, the calling party must provide the court with the witness's Rule 213(f) disclosure and discovery supplements at the final pretrial conference.

For each Supreme Court Rule 213(f), (2) and (3) witness that will be called live at trial to testify, the party calling that witness shall provide to the court at the final pretrial conference a copy of the Supreme Court Rule 213(f) disclosure and supplements provided in discovery for that witness.

CRITICALCivil cases

Applies to

Mediation summary

The mediation summary must list issues for each party, include specified case and settlement information, and disclose all participants before the session.

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

Complaint or counterclaim

Complaints and counterclaims must contain specific prayers for relief, subject to the stated exception for personal-injury actions.

(b) Every complaint or counterclaim filed shall contain specific prayers for relief except that in actions for injury to the person, the ad damnum may be pleaded except to state whether the damages sought are greater than $10,000 but not exceeding $75,000.

CRITICALCivil cases

Applies to

Financial disclosure statement

Calculate gross monthly income by multiplying weekly gross income by 4.3 or bi-weekly income by 2.15.

Note: To arrive at gross monthly income, multiply weekly gross by 4.3 if paid weekly, or multiply bi-weekly income by 2.15 if paid bi-weekly.

CRITICAL

Applies to

Financial affidavit amendment

If a previously filed financial affidavit is no longer accurate, amendments must be timely filed.

If the financial affidavit previously filed is no longer accurate, amendments shall be timely filed and served.

CRITICAL

Applies to

Notice of hearing

After a motion is heard without prior notice, the attorney who obtained the order must serve written notice with the specified information on the nondefault parties and file proof of service with the clerk within two days after the hearing.

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 judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead and proof of service thereon shall be filed with the clerk within two days after the hearing.

CRITICAL

Applies to

Notice of hearing

Covered hearing notices must include the specified warning about a possible arrest warrant.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing where a 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 or underlined: "Your failure to appear at this hearing may result in the issuance of a warrant for your arrest."

CRITICALCivil cases

Applies to

Receiver appointment order

A disqualified individual or corporation may be appointed as receiver if the Court finds it serves the estate's best interests, but the appointment order must state the reasons for departing from the general rule.

If the Court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under section (7.1) of this rule may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule.

CRITICAL

Applies to

Notice of hearing

Before seeking action from a judge, a complete and accurate written Notice of Hearing must be filed and served, except for agreed orders or actions where the law permits ex parte action; a failure to respond to a pending motion does not waive notice.

A complete and accurate written Notice of Hearing must be filed and served in all case types prior to approaching a judge for action on a case, except for agreed orders and/or for actions in which the law permits ex parte action. A party’s failure to respond to a pending motion does not waive the requirement to send a Notice of Hearing.

CRITICAL

Applies to

Notice of hearing

A complete and accurate Notice of Hearing must be filed and served in all cases.

A complete and accurate Notice of Hearing must be filed and served in all cases.

CRITICAL

Applies to

Case management statement

The parties must file a statement addressing the factors in Supreme Court Rule 218(a)(1) through (10).

The parties shall file and exchange no later than the initial case management conference as statement addressing those factors enumerated in Supreme Court Rule 218(a) (1) through (10).

CRITICAL

Applies to

Notice of hearing

When a motion is heard without prior notice, the attorney obtaining the order must serve a written notice containing the specified case, judge, hearing, and order information on parties not in default and file proof of service within two days after the hearing.

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 judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead and proof of service thereon shall be filed with the clerk within two days after the hearing.

CRITICAL

Applies to

Mediation report

If mediation does not result in an agreement, the mediator must report that fact to the court without comment or recommendation.

If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation.

CRITICALCivil cases

Applies to

Receipt on distribution

After the funds are deposited and the State Treasurer's representative signs the receipt, the estate attorney must file the completed Receipt on Distribution with the Clerk of the Circuit Court.

After the funds are deposited and the representative for the State Treasurer signs the Receipt on Distribution, the estate attorney shall file with the Clerk of the Circuit Court the completed Receipt on Distribution.

CRITICAL

Applies to

Discovery deposition index

For each Rule 213(f)(2) or (3) witness called live at trial, the calling party must provide the court with a discovery deposition index showing the page and line numbers for the Rule 213(f) opinions at the final pretrial conference.

For each (f)(2) and (f)(3) witness called live at trial, the party calling the witness shall also provide to the court at the final pretrial conference: (2) A discovery deposition index showing line and page number for the Supreme Court Rule 213(f) opinions contained in the deposition;

CRITICAL

Applies to

Complaint or counterclaim

Complaints and counterclaims must contain specific prayers for relief, subject to the stated ad damnum rule for personal-injury actions.

(b) Every complaint or counterclaim filed shall contain specific prayers for relief except that in actions for injury to the person, the ad damnum may be pleaded except to state whether the damages sought are greater than $10,000 but not exceeding $75,000.

CRITICALCivil cases

Applies to

Receiver bond

A bond using a licensed corporate or association surety will be approved only if the surety's current certified authority is on file with the Clerk and the specified verified authority documents are attached to the bond.

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 of the attorney or certificates or authority for all persons authorized to execute bonds for the surety is attached to the bond.

CRITICALCivil cases

Applies to

Mediation agreement

Any partial or final mediation agreement must be written and signed by the parties and their counsel, if they have counsel.

If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any.

CRITICALCivil cases

Applies to

Mediators report

The Mediator's Report must be prepared and filed using the prescribed form.

The mediator shall prepare and file a Mediator's Report on the prescribed form within twenty (20) business days of the termination of mediation and, if the ordered mediation has not yet been terminated, every ninety (90) days from the entry of the initial Order appointing the Mediator. (See Form 9(m)8(G)(i).)

CRITICALCivil cases

Applies to

Probate form

Inapplicable alternatives printed on forms must be deleted before filing.

Inapplicable alternatives printed on the forms shall be deleted prior to filing.

CRITICAL

Applies to

Evidence depositions

Unless otherwise ordered, evidence depositions must be presented to the trial judge with a typed index of unresolved objections.

Unless otherwise ordered, all evidence depositions shall be presented to the trial judge no later than ten (10) days prior to the pre-trial conference together with a typed index showing page and line of any unresolved objections.

CRITICALCivil cases

Applies to

Order for deposit

When a deposit concerns an unknown heir found in an Order Declaring Heirship, the deposit order must include the specified restriction on withdrawals without further court order.

If the deposit, or a portion of the deposit, is to be made on an Order Declaring Heirship finding an unknown heir, then the Order for deposit shall also provide that "no withdrawals from the State Treasurer shall be made for the share of the unknown heir without further order of this Court" as the power to ascertain and declare a decedent's heirship is subject to determination of the Court under 755 ILCS 5/5-3.

CRITICAL

Applies to

Child custody affidavit

A child custody affidavit required by 750 ILCS 36/209 must be filed in cases involving the guardianship of a minor.

(k) In cases involving the guardianship of a minor, a child custody affidavit shall be filed as required by 750 ILCS 36/209. (See Appendix of Forms of the Fourteenth Judicial Circuit, Form 9(a) [as the same may be from time to time amended]).

CRITICALCivil cases

Applies to

Mediation order

The parties must provide the Court Administrator with a copy of the Mediation Order.

The parties shall provide a copy of the Mediation Order to the Court Administrator.

CRITICAL

Applies to

Receiver report and inventory

The receiver’s filed report and inventory must detail all real and personal estate property and identify property within 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 estate and designating the property within his possession or control.

CRITICALCivil cases

Applies to

Petition for probate of will

The probate petition filing must include a true and accurate copy of the will and a copy of the receipt.

A true and accurate copy of the will and a copy of the receipt shall be included with the filing of the petition for probate of the will.

CRITICAL

Applies to

Motion to remove case from strike list

Must include

proposed order

A motion to remove a case from the strike list must include a proposed Case Management Order.

The motion must include a proposed Case Management Order.

CRITICALCivil cases

Applies to

Proposed guardian information sheet

A yes answer requires details including the agency, case number, individual, date, and offense.

If yes, provide details including the agency, case number, individual, date, offense, etc.

CRITICALCivil cases

Applies to

Child custody affidavit

A child custody affidavit must be filed in cases involving guardianship of a minor, as required by 750 ILCS 36/209; the referenced form is Form 9(a), as amended.

In cases involving the guardianship of a minor, a child custody affidavit shall be filed as required by 750 ILCS 36/209. (See Appendix of Forms of the Fourteenth Judicial Circuit, Form 9(a) [as the same may be from time to time amended]).

CRITICAL

Applies to

Agreed order and parenting plan

If the case is resolved before trial, the parties must provide the court with an agreed custody order and agreed parenting plan.

If this case is resolved before trial, the parties shall provide the court with an Agreed Order regarding custody and an agreed parenting plan.

CRITICAL

Applies to

Mediation records

The Court Administrator or designee must maintain mediation records that include the number of mediations and their agreement outcomes, and furnish that information to the Supreme Court annually or at another directed interval.

The Court Administrator or his/her designee shall provide for the maintenance of records of mediations conducted pursuant to these rules. The information shall include the number of mediations conducted, the number of mediations resulting in an agreement and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office once a year or at such other interval as may be directed.

CRITICAL

Applies to

Petition for contempt

A contempt petition must state whether the proceeding is civil or criminal and identify the relief sought.

Any petition alleging contempt shall state whether it is civil or criminal in nature and the relief sought.

CRITICAL

Applies to

Statistical report

The mediator must prepare a prescribed-form statistical report for each case.

The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the Court Administrator.

CRITICAL

Applies to

Notice of hearing

A party's failure to respond to a pending motion does not waive the requirement to send a Notice of Hearing.

A party’s failure to respond to a pending motion does not waive the requirement to send a Notice of Hearing.

CRITICAL

After the hearing, the judge must file written findings, an order, and a certification.

After hearing, the judge shall file his written findings, order and certification, and shall have available all appropriate remedies under law of this State.

CRITICAL

Applies to

Findings and order

After the informational hearing, the Chief Circuit Judge must file findings and an order with a certification stating which of the four listed facility-status outcomes applies.

Following the informational hearing, the Chief Circuit Judge shall file with the Circuit Clerk his or her findings and order regarding the facility in question, together with a certification that the facility: - (1) meets applicable standards; or - (2) does meet applicable standards, but may be temporarily certified until a period ending on a date certain; or - (3) does not meet applicable standards, but may be conditionally certified upon the condition that specified action is taken and completed by a date certain; or - (4) does not meet applicable standards and will be discontinued for Court use.

CRITICALCivil cases

Applies to

Stipulation

Parties may file a written stipulation to mediate any issue at any time, and the stipulation must be incorporated into the referral order.

In addition, the parties to any such matter may file a written stipulation to mediate any issue between them at any time. Such stipulation shall be incorporated into the order of referral.

CRITICAL

Applies to

Pleading

Attorneys must include their email addresses on pleadings.

All attorneys shall post their email address on the pleadings.

CRITICAL

Applies to

Witness list

Each party must provide the Court and opposing counsel a typewritten list identifying its intended trial witnesses.

The parties shall provide the Court and opposing counsel with a typewritten list identifying all witnesses who a party intends to testify during the trial.

CRITICAL

Applies to

Mediation stipulation

The parties may file a written stipulation to mediate any issue at any time, and the stipulation must be incorporated into the referral order.

In addition, the parties to any such matter may file a written stipulation to mediate any issue between them at any time. Such stipulation shall be incorporated into the order of referral.

CRITICAL

Applies to

Complaint and summons

The complaint and all summonses shall state in upper case letters on the upper right-hand corner "THIS IS AN ARBITRATION CASE."

The complaint and all summonses shall state in upper case letters on the upper right-hand corner "THIS IS AN ARBITRATION CASE."

CRITICALCivil cases

Applies to

Original will

An attorney may use the 9:00–9:30 a.m. walk-in to open a testate estate, but must present the original will to the judge for examination if doing so.

An attorney may appear before the Supervising Probate Judge in Courtroom 402 during walk-in (9:00 – 9:30 a.m.) to open a testate estate. If an attorney elects to open a testate estate during walk-in, the attorney shall present the original will to the judge for examination.