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

CRITICALCivil cases

Applies to

Proposed guardian information sheet

Each proposed guardian must complete and sign a separate information sheet.

Each proposed guardian must complete and sign a separate information sheet.

CRITICALCivil cases

Applies to

Financial affidavit

When temporary relief is sought, the parties must use the financial affidavit approved by the Illinois Supreme Court and mandated by statute.

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.

CRITICALCivil cases

Applies to

Receiver inventory

If no appraisers are appointed, the receiver must investigate the estate property's value and show 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

Expert witness notice

The written 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).

(d) Opinions of Expert Witnesses. 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

Notice of hearing

A complete and accurate written Notice of Hearing must be filed and served before a party approaches a judge for action, except for agreed orders and actions permitted ex parte.

A complete and accurate written Notice of Hearing must be filed and served 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.

CRITICAL

Applies to

Trial memorandum

Parties must submit a written trial memorandum addressing anticipated factual and evidentiary issues with supporting legal authority and argument.

The parties shall submit a written trial memorandum. The pre-trial memoranda shall include factual and evidentiary issues which are anticipated to arise during the trial and provide both legal authority and argument to assist the Court in reaching required rulings on these issues.

CRITICAL

Applies to

Trial memorandum

Each party must submit a written trial memorandum addressing anticipated factual and evidentiary issues with supporting legal authority and argument.

The parties shall submit a written trial memorandum. The pre-trial memoranda shall include factual and evidentiary issues which are anticipated to arise during the trial and provide both legal authority and argument to assist the Court in reaching required rulings on these issues.

CRITICALCivil cases

Applies to

Motion

Before reporting unclaimed funds to the State Treasurer, the estate attorney must file and present a motion for leave and provide proof of notice to all interested persons.

Before reporting to the Illinois State Treasurer, the estate attorney shall file and present a motion before the Court seeking leave to deposit the unclaimed funds with the State Treasurer with proof of notice to all interested persons.

CRITICAL

Applies to

Motion to remove from strike list

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

Agreed order

An agreed order addressing support or maintenance must recite the parties’ gross and net monthly income as defined by 750 ILCS 5/505.

but in all cases the agreed order shall contain recitations regarding the parties' gross and net monthly income, as the same are defined by 750 ILCS 5/505 if the Order reflects issues of support or maintenance.

CRITICAL

Applies to

Hearing notice

Covered hearing notices must state the hearing’s time, date, and place and include the required arrest-warrant warning.

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

Parenting plan

Before a contested hearing on allocation of parental responsibilities or parenting time, the parties and their attorneys must submit a joint parenting plan and an appendix stating each party’s position on disputed issues.

Before a contested hearing on allocation of parental responsibilities and/or parenting time, the parties and their respective attorneys shall submit a joint parenting plan setting forth the agreements of the parties along with an appendix setting forth the parties' respective positions on issues in dispute. (If the contested hearing is conducted within 120 days of service or filing of a petition for allocation of parental responsibilities the filing of this document will satisfy the requirements of 750 ILCS 5/602.1 to file a parenting plan.)

CRITICAL

Applies to

Mediation notice

The mediator must notify the parties in writing of the conference date and time within 28 days after the referral order.

Within twenty-eight (28) days after the Order of Referral, the mediator shall notify the parties in writing of the date and time of the mediation conference.

CRITICALCivil cases

Applies to

Annual report or account

Each annual report or account must include an estate-closing schedule 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.

CRITICALCivil cases

Applies to

Proposed guardian information sheet

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

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

CRITICAL

Applies to

Petition to compel compliance

If the county board fails to comply with the Chief Judge's order under Rule 203, the Chief Circuit Judge must file a Petition to Compel Compliance with the Circuit Clerk where the 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

Stipulation

At the face-to-face settlement conference, the parties and counsel must identify disputed issues and prepare a stipulation describing them.

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

CRITICAL

Applies to

Statement of case

In a jury trial, 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.

CRITICAL

Applies to

Written charge and proceedings record

When referral to another judge is required, the original judge must specify the alleged acts 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

Mediated agreement

A written account must be produced when the parties reach a full or partial agreement during mediation.

When agreements or partial agreements are reached by the parties during mediation, there shall be produced a written account of the same.

CRITICAL

Applies to

Draft order

If the opposing party is represented, the draft order must be presented to that party’s counsel for examination before entry 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

Petition for adjudication of civil contempt

A civil contempt proceeding must be initiated by a verified petition, except when the act occurred in the Court’s presence; the petition must identify the order provision allegedly violated and describe the violation in particularity.

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

Joint parenting plan

Before a contested hearing on parental responsibilities or parenting time, the parties and their attorneys must submit a joint parenting plan and an appendix of each party's positions on disputed issues.

2. Before a contested hearing on allocation of parental responsibilities and/or parenting time, the parties and their respective attorneys shall submit a joint parenting plan setting forth the agreements of the parties along with an appendix setting forth the parties' respective positions on issues in dispute.

CRITICALCivil cases

Applies to

Motion to defer mediation

A motion to defer must set out in detail the facts and circumstances supporting it.

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

CRITICALCivil cases

Applies to

Written notice to court

The mediator must notify the court in writing immediately if mediation is suspended or terminated, or if a party fails to comply with this Part.

The mediator shall immediately advise the court in writing if he or she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this Part.

CRITICAL

Applies to

Contempt petition

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

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

CRITICAL

Applies to

Initial disclosure

All parties shall comply with the provisions of Supreme Court Rule 222. However, unless otherwise ordered by the court, the parties shall file with the court their initial disclosure under Supreme Court Rule 222 within fourteen (14) days of the first return court appearance date.

All parties shall comply with the provisions of Supreme Court Rule 222. However, unless otherwise ordered by the court, the parties shall file with the court their initial disclosure under Supreme Court Rule 222 within fourteen (14) days of the first return court appearance date.

CRITICAL

Applies to

Receiver inventory

If no appraisers are appointed, the receiver must investigate estate property values and include the value of each listed item in the inventory.

(b) Appraisal by Receiver: 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.

CRITICALCivil cases

Applies to

Stipulation

At the face-to-face settlement conference, the parties and counsel must prepare a stipulation covering agreed matters.

Prepare any stipulation with respect to agreed matters;

CRITICALCivil cases

Applies to

Parenting education program approval submission

Applicants seeking approval of a parenting education program must submit a curriculum or syllabus and the instructors' educational and experience minimums to the Chief Judge.

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

Court annexed mediation

The listed referral, confidentiality, mediation-result, and agreement forms must be used for 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

CRITICALCivil cases

Applies to

Pre trial memorandum

At the face-to-face settlement conference, the parties and counsel must complete and sign the appropriate pre-trial memorandum.

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

CRITICAL

Applies to

Judgment or order

The court's judgment or order must state its findings and incorporate the agreement, explicitly or by reference, so the agreement's terms become the terms of the judgment or order.

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

Mediator report

The mediator must submit a written, signed report stating whether the parties reached an agreement and designating it as 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.

CRITICALCivil cases

Applies to

Mediated agreement

The parties or their attorneys, if applicable, must present each mediated agreement to the court within 30 days after the final Mediator's Report is filed.

Each mediated agreement shall be presented by the parties or their attorneys (if applicable) to the court within 30 days following the filing of the final Mediator's Report.

CRITICALCivil cases

Applies to

Mediated agreement account

A written account must be produced when the parties reach an agreement or partial agreement during mediation.

When agreements or partial agreements are reached by the parties during mediation, there shall be produced a written account of the same.

CRITICALCivil cases

Applies to

Substitution for cause application

An application for substitution for cause must be verified.

A verified application for a substitution for cause shall be filed

CRITICAL

Applies to

Settlement agreement

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

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

CRITICALCivil cases

Applies to

Pleading

Attorneys must include their email address on pleadings.

All attorneys shall post their email address on the pleadings.

CRITICAL

Applies to

Attorney approval application

An attorney seeking approval as a guardian ad litem, child representative, or attorney for a child must submit a CV showing the specified licensure and education qualifications.

(C) Guardians ad litem, Child Representatives and Attorneys for a Child. An attorney seeking approval as a guardian ad litem, child representative or attorney for a child must submit to the court a curriculum vitae showing that the attorney meets the following minimum requirements: - (i) Each attorney shall be licensed and in good standing with the Illinois Supreme Court. - (ii) Each attorney shall have attended the education program created by the Illinois State Bar Association for education of attorneys appointed in child custody cases or equivalent education programs consisting of a minimum of ten (10) hours of continuing legal education credit within the two years prior to the date the attorney qualifies to be appointed.

CRITICAL

Applies to

Judgment

A copy of the civil contempt judgment must be provided to the contemnor.

A copy of the judgment shall be provided the contemnor.

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

Proposed jury instructions

Supporting case citations must be attached to any tendered non-I.P.I. instruction.

If any non I.P.I. instructions are tendered, case citations are to be attached regarding supporting authority.

CRITICALCivil cases

Applies to

Will lodgment

A copy of a will may not be lodged in place of the original.

A copy of a will cannot be lodged.

CRITICAL

Applies to

Trial witness materials

At the final pretrial conference, the party calling a live Rule 213(f)(2) or (3) witness must provide any discovery deposition and an index identifying the pages and lines of the Rule 213(f) opinions.

(b) 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); - (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

Written judgment order

When sanctions are imposed for direct criminal contempt, the Court must enter a written judgment order stating the factual basis and sanctions.

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

Settlement agreement

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

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

CRITICAL

Applies to

Witness list

Each party must provide the Court and opposing counsel a typewritten list identifying every witness it intends to call at trial.

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.

CRITICALCivil cases

Applies to

Joint pre trial memorandum

The joint pre-trial memorandum must include the undersigned’s certification under 750 ILCS 5/1-109 that its statements are true and correct, subject to the stated belief qualification.

Under penalties as provided by law pursuant to 750 ILCS 5/1-109, the undersigned certifies that the statements set forth in this joint pre-trial memorandum are true and correct, except as to matters the undersigned certifies as aforesaid that they verily believe the same to be true.

CRITICALCivil cases

Applies to

Continuing legal education attendance verification

Attorneys seeking to remain on the approved list must submit verification of their continuing legal education attendance to the Office of the Chief Circuit Judge at attendance or upon request.

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.