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

CRITICAL

Applies to

Written draft order

When an order is to be submitted, the prevailing party’s attorney must prepare and present a written draft order, unless the Court directs otherwise.

In all court proceedings in which an order is to be submitted, the attorney for the prevailing party shall prepare and within ten (10) court days present to the Court a written draft of the order, unless the Court directs otherwise.

CRITICALCivil cases

Applies to

Child custody mediator approval application

Applicants seeking approval as a child custody mediator must submit an application or curriculum vitae showing appropriate training to the Chief Judge.

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:

CRITICAL

Applies to

Exhibit

Each exhibit must be pre-marked for identification by the attorneys or parties.

Each exhibit shall be pre-marked for identification by the attorneys or parties.

CRITICALCivil cases

Applies to

Filed paper

Each filed paper must contain 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

Pre trial documents

When a pre-trial conference is ordered, the required pre-trial documents must be filed and served in the Court-required form.

In actions in which a pre-trial conference is ordered, the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

CRITICAL

Applies to

Mediation notice

3. Mediator shall notify counsel for the parties within 28 days of this Order, in writing, of date and time of first mediation conference (must be held within 8 weeks of this Order).

3. Mediator shall notify counsel for the parties within 28 days of this Order, in writing, of date and time of first mediation conference (must be held within 8 weeks of this Order).

CRITICAL

Applies to

Notice of hearing

A hearing notice must identify the action, hearing date, time, and place, and state the nature of the motion.

The notice of hearing shall show the title and number of action and the date and time and place when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

CRITICAL

Applies to

Application for substitution for cause

An application for substitution for cause must be verified.

A verified application for a substitution for cause shall be filed as soon as possible after cause occurs and in any event no later than 21 days after the party or counsel first learns of the alleged cause.

CRITICAL

Applies to

Draft order

Unless the Court directs otherwise, the prevailing party’s attorney must prepare and present a written draft order in proceedings where an order is to be submitted.

In all court proceedings in which an order is to be submitted, the attorney for the prevailing party shall prepare and within ten (10) court days present to the Court a written draft of the order, unless the Court directs otherwise.

CRITICAL

Applies to

Final mediator report

If mediation ends without agreement, the mediator must file a final report stating that mediation concluded without disclosing why the parties did not reach agreement.

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 an agreement.

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

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

Written judgment order

When sanctions are imposed, the court must enter a written judgment order stating the factual basis and the sanctions imposed.

Upon imposition of sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions imposed.

CRITICAL

Applies to

Expert witness notice

The expert-use notice must be accompanied by a statement identifying the expert and providing the specified qualifications, subject matter, basis, opinion, and other information required by Rule 222(d)(6).

A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than thirty (30) days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert's qualifications, the subject matter, the basis of the expert's conclusions, and the expert's opinion as well as any other information required by Rule 222(d)(6).

CRITICAL

Applies to

Appeal

An appeal from denial of inclusion on or removal from the approved list must be made in writing.

An applicant denied inclusion on, or removed from, the court approved list may appeal the decision in writing within ten (10) days to the Circuit Court Advisory Committee.

CRITICALCivil cases

Applies to

Pre trial memorandum

The pre-trial memorandum must include as Exhibit 1 a statement of the contested or disputed issues for the court to determine at hearing or trial.

Attached to this pre-trial memorandum as Exhibit 1 is the statement of the contested/disputed issues which the court is called upon to determine at the time of hearing or trial.

CRITICAL

Applies to

Stipulation

At the settlement conference, the parties and their counsel must prepare any stipulation concerning agreed matters.

- c. Prepare any stipulation with respect to agreed matters;

CRITICALCivil cases

Applies to

Pre trial memorandum

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

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).

CRITICAL

Applies to

Notice of hearing

A hearing notice must identify the action, the hearing’s date, time, and place, and the nature of the motion.

The notice of hearing shall show the title and number of action and the date and time and place when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

CRITICAL

Applies to

Proposed jury instructions

Each side must present its 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.

CRITICAL

Applies to

Evidence documents

Documents offered under this provision must be accompanied by a summary cover sheet listing each included item, detailing damages by the rule’s categories, and identifying each bill as 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

Exhibits

Parties must produce at the pre-trial conference the exhibits they expect to offer, unless an exhibit is too cumbersome or unavailable then.

At the pre-trial conference with the Court, the parties shall produce all of the exhibits (unless too cumbersome or unavailable at the time of the pre-trial conference) they expect to offer in evidence.

CRITICAL

Applies to

Trial exhibits

At the pre-trial conference, parties must produce the exhibits they expect to offer, except exhibits that are too cumbersome or unavailable then.

At the pre-trial conference with the Court, the parties shall produce all of the exhibits (unless too cumbersome or unavailable at the time of the pre-trial conference) they expect to offer in evidence.

CRITICAL

Applies to

Pre trial memorandum

At the settlement conference, the parties and their counsel must complete and sign the required pre-trial memorandum.

- d. Complete the appropriate pre-trial memorandum as required under subsection (1) of this Rule 9(d) and sign the same;

CRITICAL

Applies to

Pre trial documents

Unless the Court orders otherwise, pre-trial documents must include the listed witness, exhibit, voir dire, instruction, memorandum, case-statement, motion, deposition, and disclosure 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

Continuance order

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

Draft order

If the opposing party is represented, the draft order must be presented to opposing counsel for examination before the Court enters it, unless the Court directs otherwise.

When the opposing party is represented by counsel, the draft order shall be presented to counsel for examination before entry by the Court, except when otherwise directed by the Court.

CRITICAL

Applies to

Findings and order

After the hearing, the Chief Circuit Judge must file findings and an order with the Circuit Clerk, together with a certification stating which of the four listed facility statuses 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

Financial disclosure statement

The financial disclosure statement includes a declaration under penalty of perjury that it and its attachments truthfully state the declarant’s assets and liabilities.

I, the undersigned, declare under penalty of perjury that the foregoing, including attachments, is a true and correct declaration of my assets and liabilities, and that I executed this on the day of 20 .

CRITICALCivil cases

Applies to

Written motion

In covered child-custody cases, a written motion seeking an excuse for good cause must detail the reasons for the request.

(I) Parenting Education Requirement: 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

Motion

Each motion and each basis for it must identify the applicable Code of Civil Procedure section and/or Supreme Court Rule number.

Every motion, and each basis in the motion, brought pursuant to the Code of Civil Procedure or Supreme Court Rule shall be identified by the Code of Civil Procedure section and/or the Supreme Court Rule number under which it is brought.

CRITICAL

Applies to

Confidentiality agreement

A confidentiality agreement must be signed on behalf of each party before the first mediation conference and made part of the court record.

All discussions, representations and statements made at the mediation conference shall be privileged consistent with the Confidentiality Agreement to be signed on behalf of each party prior to the commencement of the first mediation conference. The Confidentiality Agreement shall be made a part of the court record in the case.

CRITICAL

Applies to

Confidentiality agreement

A Confidentiality Agreement must be signed on behalf of each party before the first mediation conference and made part of the court record.

All discussions, representations and statements made at the mediation conference shall be privileged consistent with the Confidentiality Agreement to be signed on behalf of each party prior to the commencement of the first mediation conference. The Confidentiality Agreement shall be made a part of the court record in the case.

CRITICALCivil cases

Applies to

Guardian information sheet

Covered proposed guardians must complete, sign, and file a Guardian Information Sheet; the named state and county guardians are exempt from filing it.

Effective immediately, all proposed guardians of the person and/or the estate of an adult with a disability and of a minor child shall complete, sign and file a Guardian Information Sheet. The Office of State Guardian and the Guardian of the Person and Estate for Rock Island County shall be exempt from the filing requirement.

CRITICALCivil cases

Applies to

Financial affidavit

The parties must file a financial affidavit in the listed proceedings when the requested relief includes any of the specified forms of relief.

In all proceedings for dissolution of marriage, legal separation, declaration of invalidity of marriage or other actions brought under 750 ILCS where the relief sought includes a request for any of the following: - 1. Property distribution; - 2. Temporary, permanent or rehabilitative maintenance; - 3. Temporary or permanent child support; - 4. Attorney’s fees (actions where sought based on the ability of one party to pay and the inability of other party to pay); or - 5. Allowable court costs; then the parties shall file a financial affidavit.

CRITICALCivil cases

Applies to

Child custody affidavit

A child custody affidavit must be on file before an order affecting custody, visitation, allocation of parental responsibilities, or parenting time is entered in the described proceedings.

In any proceeding wherein a custody of allocation of parental responsibilities determination is to be made by the Court or wherein the Court is asked to approve an agreed stipulation for modification of a previous custody or allocation of parental responsibilities determination, there shall be on file prior to the entry of an order affecting custody, visitation, allocation of parental responsibilities or parenting time, a child custody affidavit as required by 750 ILCS 36/209.

CRITICALCivil cases

Applies to

Proposed guardian information sheet

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

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

CRITICAL

Applies to

Rule 213 f disclosure

At the final pretrial conference, the party calling a live Rule 213(f)(2) or (3) witness must provide the court the witness’s disclosure and discovery supplements.

(a) 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.

CRITICAL

Applies to

Receiver attorney employment motion

A receiver may employ an attorney only by court order on the receiver’s 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

Court annexed mediation forms

The listed forms must be used in court-annexed mediation.

The following forms shall be used in conjunction with court-annexed mediation: - 1. Order of Referral to Court-Annexed Mediation - 2. Confidentiality Agreement and Non-representative Acknowledgment - 3. Mediation Held/No Agreement Resulted - 4. Memorandum of Agreement

CRITICAL

Applies to

Exhibit list

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

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

Indirect criminal contempt petition

An indirect criminal contempt proceeding must be initiated by filing a petition for adjudication.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt.

CRITICALCivil cases

Applies to

Receiver bond

Unless excused by the Court, personal sureties must execute and file property schedules in a Court-approved form.

Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

CRITICAL

Applies to

Parent educator approval application

Applicants seeking approval of a parenting education program must submit a curriculum or syllabus describing the required four-hour session and the teachers’ educational and experience minimums.

(A) Parent educators. Those seeking approval as a qualified parenting education program of the 14th Judicial Circuit shall submit to the Chief Judge: - (i) a curriculum/syllabus that details a four hour session for parents of minor children covering the issues of custody, visitation and adult behavior and how the same impacts children and - (ii) the educational and experience minimums for those teaching the program.

CRITICALCivil cases

Applies to

Judgment or order

The court must enter a judgment or order stating its findings and incorporating the mediated agreement's terms.

The court shall enter an appropriate judgment or order stating its findings and shall incorporate, either explicitly or by reference, the agreement so the terms of such agreement are also the terms of the judgment or order.

CRITICAL

Applies to

Voir dire questions

Parties must submit proposed questions for the Court to ask prospective jurors during voir dire.

Parties shall submit a list of questions which they request the Court to ask prospective jurors during voir dire examination.

CRITICAL

Applies to

Petition

Anyone other than judges, parties, and their current attorneys of record seeking access to the sealed information must file a petition stating the basis for access and set a hearing after notice to the parties and attorneys of record.

Anyone else seeking access to the information must file a petition setting forth the basis for needing the information and set the matter for hearing after notice to the parties and attorneys of record pursuant to local rule. A judge of this circuit will then review the petition and sealed information in camera to determine whether or not the information merits disclosure.

CRITICAL

Applies to

Clerk certificate of mailing

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

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

CRITICAL

Applies to

Summons

The summons must require the plaintiff or representative and all defendants or 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

Discovery deposition

For each Rule 213(f)(2) or (3) witness called live at trial, the calling party must provide the court with a copy of the discovery deposition at the final pretrial conference if one was taken.

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: (1) A copy of the discovery deposition (if one was taken);