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

CRITICAL

Applies to

Order of attachment

An order of attachment must state the amount of bail.

The amount of bail shall be indicated on the order of attachment.

CRITICAL

Applies to

Mediator approval application

Applicants seeking approval as child custody mediators must submit an application or CV showing the listed education, training, and familiarity with the specified laws and rules.

(B) Mediators. Those seeking approval as a qualified child custody mediator for the 14th Judicial Circuit shall submit to the Chief Judge an application or curriculum vitae showing appropriate training, in that the person: - (i) has a graduate degree - (1) in law, or - (2) in a field that includes the study of psychiatry, psychology, social work, human development, family counseling or other behavioral science substantially related to family interpersonal relationships, and - (ii) has completed a specialized training in family mediation consisting of at least 40 hours, and - (iii) has familiarized him or herself with the provisions of the Uniform Mediation Act found at 710 ILCS 35/1, et seq., and - (iv) has a recognition that he or she should mediate a minimum of four pro bono or reduced fee cases annually, and - (v) has familiarized him or herself with Supreme Court Rules 900 et seq. and Part 9(m) of these Rules of Practice of the Circuit Court.

CRITICAL

Applies to

Joint pre trial memorandum

Before a contested second-half hearing in the specified proceedings, the parties and their attorneys must submit the joint pre-trial memorandum in the prescribed Form 9(d) 1.

1. Before a contested second half hearing on a petition for dissolution of marriage, legal separation or declaration of invalidity can be heard, the parties and their respective attorneys shall submit their joint pre-trial memorandum as set forth in the Appendix of Forms of the Fourteenth Judicial Circuit as Form 9(d) 1 (as the same may from time to time be amended).

CRITICALCivil cases

Applies to

Statistical report

The mediator must prepare a prescribed-form statistical report for each case and file it at least quarterly with the Court Administrator.

The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the Court Administrator. (See Form 9(m)8(G)(ii).)

CRITICAL

Applies to

Preliminary inspection report

The committee must file its preliminary inspection report and recommendations with the Chief Circuit Judge.

The Committee shall file a preliminary report of the inspection, together with the committee's recommendations, with the Chief Circuit Judge.

CRITICAL

Applies to

Estate report

An estate report must include a schedule for closing and explain any problems that would delay closing.

The report shall include a schedule for the closing of the estate and an explanation of any problems which would delay closing.

CRITICAL

Applies to

Petition to compel compliance

If the county board does not comply with the order of the Chief Judge as set forth in Rule 203, then the Chief Circuit Judge shall file a "Petition to Compel Compliance" with the Circuit Clerk of the county in which the informational hearing was held.

If the county board does not comply with the order of the Chief Judge as set forth in Rule 203, then the Chief Circuit Judge shall file a "Petition to Compel Compliance" with the Circuit Clerk of the county in which the informational hearing was held.

CRITICALCivil cases

Applies to

Receiver inventory

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.

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.

CRITICAL

Applies to

Summons

The summons must require the plaintiff or the plaintiff’s representative and all defendants or their representatives to appear at the stated 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

Written judgment order

After an adjudication of indirect criminal contempt, the Court must enter a written judgment order stating the factual basis and sanctions.

{h) Written order required. Upon adjudication of contempt, the Court shall enter a written judgment order setting forth the factual basis for the finding and specifying the sanctions imposed.

CRITICAL

Applies to

Certificate

The Clerk's certificate of mailing hearing notice must be made part of the record.

The Clerk's certificate of mailing notice shall be made of record.

CRITICAL

Applies to

Receiver appraiser appointment

Appraisers may be appointed only by court order or by party agreement approved by the court, and the court selects any appraisers appointed.

(a) Appraisers: Appraisers for receivers may be appointed only upon order of Court or agreement of the parties with the approval of the Court. If appraisers are appointed, they shall be selected by the Court.

CRITICAL

Applies to

Documents referred to under this provision

Documents offered under this provision must include a summary cover sheet listing each item, detailing damages by the rule’s categories, and stating whether each bill is paid or unpaid.

All documents referred to under this provision shall be accompanied by a summary cover sheet listing each item that is included detailing the money damages incurred by the categories as set forth in this rule and specifying whether each bill is paid or unpaid.

CRITICAL

Applies to

Trial memorandum

A party that considers a statute’s or rule of law’s application or interpretation particularly significant must call the matter to the Court’s attention in its trial memorandum.

If the application or interpretation of a statute or rule of law is deemed of particular significance by counsel for any party or by a prose litigant, such matter shall be called to the Court's attention in this trial memorandum.

CRITICALCivil cases

Applies to

Case management statement

The parties must file a statement addressing the specified Supreme Court Rule 218 factors by the initial case management conference.

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

Jury instruction list

Each party must provide a document listing every instruction by number and indicating whether it is withdrawn, given, or refused.

Each party shall also provide a document listing all instructions by number (such as, "Plaintiff's Tendered Instruction No. 1"), by the Court and parties during trial as to whether each instruction is "Withdrawn," "Given" or "Refused."

CRITICAL

When referral is required, the judge must describe the alleged contempt in writing, direct preparation of a record, and transfer the matter for reassignment.

In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, shall direct that a record of the proceedings surrounding the said acts be prepared, and shall transfer the matter to the appropriate assignment judge for reassignment.

CRITICAL

Applies to

Written judgment order

After adjudicating civil contempt, the Court must enter a written judgment order specifying the conduct, sanctions, and means of purging contempt, and provide a copy to the contemnor.

Upon an adjudication of civil contempt, a written judgment order shall be entered specifying the contumacious conduct, sanctions imposed, and the means by which the respondent may purge himself. A copy of the judgment shall be provided the contemnor.

CRITICAL

Applies to

Pre trial documents

Unless the Court orders otherwise, pre-trial documents must include the listed materials.

Unless otherwise ordered, the pre-trial documents shall include the following: - (1) witness lists; - (2) exhibit lists; - (3) voir dire questions; - (4) jury instructions; - (5) trial memoranda; - (6) statements of the case; - (7) motions in limine & responses to motions in limine; - (8) evidence deposition transcripts, objections & index, per Rule 6.8; - (9) Supreme Court Rule 213(f) disclosures, discovery depositions, and deposition index, per Rule 6.10.

CRITICAL

Applies to

Written answer

No later than three (3) days prior to the hearing, the respondent may file a written answer denying, with specificity, any of the allegations together with any affirmative defense.

No later than three (3) days prior to the hearing, the respondent may file a written answer denying, with specificity, any of the allegations together with any affirmative defense.

CRITICAL

Applies to

Continuing education verification

(iii) To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least ten (10) hours every two year period and submit verification of attendance to the Office of the Chief Circuit Judge at the time of attendance or upon request. The ten hours should include courses in child development; ethics in child custody/allocation of parental responsibilities cases; relevant substantive law in custody/allocation of parental responsibilities cases, guardianship, visitation and parenting time issues; domestic violence; family dynamics including substance abuse and mental health issues; and education on the roles and responsibilities of guardians ad litem, child representatives and attorneys for children. Attendance at programs sponsored by this circuit may be included as a portion of this continuing education requirement.

(iii) To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least ten (10) hours every two year period and submit verification of attendance to the Office of the Chief Circuit Judge at the time of attendance or upon request. The ten hours should include courses in child development; ethics in child custody/allocation of parental responsibilities cases; relevant substantive law in custody/allocation of parental responsibilities cases, guardianship, visitation and parenting time issues; domestic violence; family dynamics including substance abuse and mental health issues; and education on the roles and responsibilities of guardians ad litem, child representatives and attorneys for children. Attendance at programs sponsored by this circuit may be included as a portion of this continuing education requirement.

CRITICALCivil cases

Applies to

Receiver employment motion

A receiver may employ an attorney only by court order on the receiver's written motion, which must state the reasons and name 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

Order for continuance

Attorneys are responsible for preparing any order required for a continuance.

The attorneys are responsible for preparing any required order for continuance

CRITICAL

Applies to

Mediation report or stipulation of dismissal

When an agreement is reached, a report of the agreement must be submitted to the court or a stipulation of dismissal must be filed.

A report of the agreement shall be submitted to the court or a stipulation of dismissal shall be filed.

CRITICALCivil cases

Applies to

Financial disclosure statement

Identify the name and relationship of every person whose expenses are included.

State the name and relationship of all persons whose expenses are included:

CRITICAL

Applies to

Paper

Each paper filed in an estate case must include the name, address, and telephone number of the estate attorney and representative.

Each paper filed shall contain the name, address and telephone number of the attorney for the estate and the representative.

CRITICAL

Applies to

Petition for adjudication of indirect criminal contempt

An indirect criminal contempt proceeding must be initiated by filing a verified petition that describes the alleged conduct with particularity.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICALCivil cases

Applies to

Financial disclosure statement

Do not include children of the relationship at issue when reporting other children residing with either parent.

Note: (do not count children of this relationship at issue)

CRITICAL

Applies to

Exhibit list

At the pre-trial conference, each party must submit a typed Exhibit List identifying its intended exhibits and listing them numerically by identifying number.

In addition, the attorneys for the parties or any party not represented by an attorney is required to submit at the pre-trial conference a typed "Exhibit List" which shall identify all exhibits intended to be offered by each party, itemizing such exhibits numerically by their identifying number.

CRITICAL

Applies to

Petition

If the county board fails to comply with Rule 20.2(b), the committee chair must file a petition with the specified title and include the facility deficiencies, proposed remedy, board actions, and requested relief.

In the event the county board fails to comply with Rule 20.2(b), the chairman of the committee shall file a petition, styled, "In re the Court facilities of _____ County," with the Clerk of the Court of the county in which the facility in question is located. The petition shall specify the deficiencies of each such facility, the remedial action proposed, any action taken by the county board, and prayer for appropriate relief.

CRITICALCivil cases

Applies to

Agreement report or stipulation of dismissal

The agreement must be reported to the court or the parties must file a stipulation of dismissal.

A report of the agreement shall be submitted to the court or a stipulation of dismissal shall be filed.

CRITICAL

Applies to

Indirect criminal contempt petition

The petition for indirect criminal contempt must be verified and describe the alleged conduct with particularity.

The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Petition for adjudication of civil contempt

A civil contempt proceeding must generally be initiated by filing a verified petition that identifies the allegedly violated order provision and describes the violation in particularity, unless the act occurred in the Court's presence.

A civil contempt proceeding arising out of a civil case shall be initiated by the filing of a petition for adjudication of civil contempt unless the act is committed in the presence of the Court. The petition shall be verified and shall set forth with particularity that portion of the Court order that is alleged to have been violated and the nature of the violation.

CRITICAL

Applies to

Evidence deposition index

Evidence depositions must be accompanied by a typed index identifying the page and line of each unresolved objection.

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.

CRITICAL

Applies to

Petition

If the county board fails to comply with Rule 20.2(b), the committee chairman must file the specified petition with the county's Clerk of the Court.

In the event the county board fails to comply with Rule 20.2(b), the chairman of the committee shall file a petition, styled, "In re the Court facilities of County," with the Clerk of the Court of the county in which the facility in question is located.

CRITICAL

Applies to

Financial affidavit

When temporary relief is sought, the parties must file the financial affidavit approved by the Illinois Supreme Court and mandated by 750 ILCS 5/501.

If temporary relief is sought the parties shall file the financial affidavit approved by the Illinois Supreme Court and mandated by 750 ILCS 5/501.

CRITICAL

Applies to

Settlement agreement

If mediation results in a settlement, the attorneys must put the agreement in writing immediately after mediation.

If a settlement is reached in this case, the attorneys shall reduce the agreement to writing immediately after the mediation

CRITICALCivil cases

Applies to

Financial affidavit

Form 9(b) may not be used after August 1, 2017.

After August 1, 2017 the Form 9(b) financial affidavit shall not be utilized.

CRITICAL

Applies to

Additional recommendations

If corrective action is not commenced and completed within the committee's established period, the committee must promptly file additional recommendations.

If corrective action is not commenced and completed within the time period established by the committee, then it shall promptly file therein any additional recommendations.

CRITICAL

Applies to

Written judgment order

After an adjudication of civil contempt, a written judgment order must identify the contumacious conduct, sanctions, and means of purging the contempt.

(g) Written order required. Upon an adjudication of civil contempt, a written judgment order shall be entered specifying the contumacious conduct, sanctions imposed, and the means by which the respondent may purge himself.

CRITICALCivil cases

Applies to

Pre trial memorandum

The pre-trial memorandum must include as Exhibit 2 a statement of the stipulations reached by the parties.

Attached as Exhibit 2 is the statement of stipulations reached by the parties which the court may consider without the necessity of any evidence being presented on those points.

CRITICAL

Applies to

Stipulation

At the settlement conference, the parties and their counsel must identify disputed issues and prepare a stipulation concerning them.

- b. Identify the disputed issues which the Court needs to resolve and prepare a stipulation as to the disputed issues;

CRITICALCivil cases

Applies to

Mediation records

The Court Administrator or designee must maintain mediation records that include the number of mediations and their agreement outcomes.

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.

CRITICALCivil cases

Applies to

Mediator report

The mediator must submit a written, signed report stating whether the parties reached a full, partial, or no agreement.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties, within fourteen (14) days after the last day of the mediation conference. The report shall designate, "full agreement," "partial agreement" or "no agreement." This report shall be signed by the mediator and shall be filed with the Circuit Court Clerk within fourteen (14) days after the last day of mediation conference.

CRITICAL

Applies to

Financial affidavit

The official financial affidavit forms specify the minimum information that must be disclosed.

The official financial affidavit forms contain the minimum information that shall be disclosed.

CRITICALCivil cases

Applies to

Mediator report

If mediation produces no 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.

CRITICAL

Applies to

Confidentiality agreement

All participants, representatives, observers, and mediators must sign a confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants, representatives, observers and mediators in the mediation shall sign a confidentiality agreement.

CRITICAL

Applies to

Proposed jury instructions

Each side must present proposed jury instructions to the Court at the pre-trial conference and exchange them with opposing counsel.

Proposed jury instructions shall be presented by each side to the Court at this pre-trial conference and exchanged with opposing counsel.

CRITICALCivil cases

Applies to

Form with addendum

When an addendum is needed, the information must be recited in the applicable form space, which must refer to a clearly marked exhibit.

Where addenda are required to furnish information which will not fit in the space provided on the form, recite same in the applicable space and refer to a clearly marked exhibit prepared on 8 ½" by 11" paper.

CRITICAL

Applies to

Mediation summary

Each side must give the mediator a written case summary at least ten days before the conference, containing the specified issues and case information; an attorney seeking confidentiality should advise the mediator in writing when submitting it.

At least ten (10) days before the conference, each side shall present to 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 contents 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 of 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.