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

CRITICALCivil cases

Applies to

Petition for probate of will

The original will must be lodged before or when the petition for probate of the will is filed.

The original will must be lodged before or at the same time as a petition for probate of the will.

CRITICALCivil cases

Applies to

Guardian information sheet

The Guardian Information Sheet requires the signer to certify and verify under penalty of perjury that the information provided is true and correct.

Pursuant to 735 ILCS 5/1-109 of the Illinois Code of Civil Procedure, I, the undersigned, certify and verify under penalty of perjury, that all of the information set forth below is true and correct.

CRITICAL

Applies to

Child custody affidavit

In the specified custody and parental-responsibility proceedings, a child custody affidavit must be on file before entry of an order affecting custody, visitation, parental responsibilities, or parenting time.

(a) Filing of Child Custody Affidavits: 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. (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

Mediation summary

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.

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.

CRITICALCivil cases

Applies to

Confidentiality agreement

Mediation communications generally may not be disclosed, and all participants, representatives, observers, and mediators must sign a confidentiality agreement before mediation begins; parties may report communications to attorneys who have signed such an agreement.

Except as otherwise provided by law, all written and verbal communications made in a mediation session conducted pursuant to these rules are confidential and may not be disclosed by the mediator, any participant or observer of the mediation, except that the parties may report these communications to their attorneys if their attorneys have signed a confidentiality agreement. Prior to the commencement of mediation, all participants, representatives, observers and mediators in the mediation shall sign a confidentiality agreement.

CRITICALCivil cases

Applies to

Curriculum vitae

An attorney seeking approval for one of these roles must submit a curriculum vitae to the court.

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:

CRITICAL

Applies to

Personal surety bond

Personal-surety bonds require court approval, and unless excused, sureties must execute and file property schedules in a court-approved form.

(a) Personal Sureties: 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.

CRITICALCivil cases

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 agree.

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.

CRITICALCivil cases

Applies to

Proposed guardian information sheet

A yes answer requires stating how many other individuals the proposed guardian serves as guardian for and providing details.

If yes, how many? ____ Please provide details.

CRITICALCivil cases

Applies to

Financial affidavit

The official financial affidavit form must retain its content, and attorneys and parties may not delete information from it.

The official financial affidavit forms contain the minimum information that shall be disclosed. Attorneys or parties may not alter the document by deleting content from the official financial affidavit form used.

CRITICAL

Applies to

Settlement agreement

The mediation agreement must be filed when required by law or when the parties consent.

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

CRITICAL

Applies to

Financial affidavit

The parties must file a financial affidavit in the listed 750 ILCS proceedings when the relief sought includes any of the specified forms of relief.

(b) Financial Affidavit: 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.

CRITICAL

Applies to

Written judgment order

After adjudicating contempt, the Court must enter a written judgment order stating the factual basis for the finding and the sanctions imposed.

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

Voir dire questions

Each party must submit a list of questions it requests 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

Surety company bond

A bond backed by a surety company may be approved only if the specified certified authority is on file with the clerk and the bond has the required verified power of attorney or certificates of authority attached.

(b) Surety Companies: 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.

CRITICAL

Applies to

Petition

The petition must identify each facility's deficiencies, proposed remedial action, county-board actions, and the relief requested.

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

Financial disclosure statement

Report all expenses by month on the financial disclosure statement.

LIST ALL EXPENSES BY MONTH:

CRITICAL

Applies to

Referral order

The plaintiff must provide a copy of the referral order to the ADR Center within seven days.

The plaintiff shall provide a copy of this order to the ADR Center, 1617 2nd Avenue, Suite 100, Rock Island, Illinois, 61201, phone 309-794-3605, fax 309-794-3607, within 7 days.

CRITICAL

Applies to

Mediation case summary

Each side must provide the mediator a written case summary at least ten days before the conference, addressing the issues and specified case information and identifying all participants.

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 after 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

Mediator report

The mediator must prepare and file a Mediator's Report 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.

WARNING

Applies to

Confidentiality agreement

The mediation agreement records participants' confidentiality commitment, acknowledges that the mediator provides no representation or legal advice, and provides that the mediator will not be called as a witness concerning the mediation.

IT IS HEREBY AGREED by the mediation participants, | | (Insert all persons, attorneys and other present) | | --- | --- | | | | and _____, Mediator, that all matters discussed during the mediation sessions shall be confidential and shall not be disclosed by the participants or the mediator in any court of law. It is further acknowledged by the parties to this lawsuit that the mediator, _____, and his law firm, _____ are not representing any party to this lawsuit and are not providing any legal advice to any party. Parties agree that the mediator shall not be called as a witness in any proceeding concerning this mediation.

WARNINGCivil cases

Applies to

Mediation

Children may participate in mediation only with the written consent of all parties and the mediator, and each parent or applicable representative or guardian ad litem may withhold consent.

(ix) advise each party that children may be allowed to participate in mediation so long as all parties and the mediator consent to said participation, in writing, and that each parent or the child's representative or guardian ad litem, if applicable, has the right to withhold consent.

WARNING

Applies to

Written motion

A parent living more than 125 miles from the court facility may request by written motion to complete a local parenting education program; the court may grant the request if the motion and supporting documents show that program conforms to circuit standards.

When a parent resides outside a radius of 125 miles from the court facility wherein the case is being heard, the parent may file a written motion requesting that such parent be allowed to complete a parenting education program offered in the jurisdiction where he or she resides. The motion may be granted if it appears from that motion and any supporting documents that such other program conforms to the standards of this circuit.

WARNING

Applies to

Addendum

When required information does not fit on a form, the applicable space must refer to a clearly marked exhibit.

(f) 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 1/2" by 11" paper.

WARNING

Applies to

Annual mediation program report

The program’s Administrative Assistant must report yearly to the Illinois Supreme Court the numbers of partial agreements, full agreements, no agreements, and agreements reached after failed mediation but before trial.

The Administrative Assistant for the Fourteenth Circuit Court-Annexed Civil Mediation Program shall report to the Illinois Supreme Court on a yearly basis the following information: The number of: Partial agreements after mediation Full agreements after mediation No agreements after mediation Agreements after failed mediation but before trial

WARNING

Applies to

Trial memorandum

If counsel or a pro se litigant considers a statute’s or rule of law’s application or interpretation particularly significant, the trial memorandum must call it to the Court’s attention.

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 pro se litigant, such matter shall be called to the Court's attention in this trial memorandum.

WARNING

Applies to

Arbitrator appointment form

Attorneys seeking appointment must file an appropriate form certifying at least one year of active law practice.

Attorneys shall all be eligible for appointment by filing the appropriate form with the Arbitration Administrator, certifying that they have engaged in the active practice of law for a minimum of one (1) year.

WARNING

Applies to

Receiver appointment order

An otherwise disqualified receiver may be appointed if the court finds it serves the estate’s best interests and issues an order stating the reasons for the exception.

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.

WARNING

Applies to

Approval application

The Chief Judge may require an applicant to provide additional biographical or relevant information when deciding whether to include the applicant on the list.

The Chief Judge may require any biographical or other relevant information not heretofore mentioned from an applicant in order to determine whether the applicant should be included on the list.

WARNINGCivil cases

Applies to

Statistical termination record

The mediator must complete the statistical termination record after each mediation case ends.

Please complete this form following the termination of each mediation case that you conduct.

WARNINGCivil cases

Applies to

Agreement report

Agreements under this rule may not be reported to the court except as the rule permits.

No agreement under this rule shall be reported to the court except as provided herein.

WARNINGCivil cases

Applies to

Written motion

A parent living more than 125 miles from the court facility may request permission by written motion to complete a local parenting program, and the request may be granted if the motion and supporting documents show that the program meets circuit standards.

When a parent resides outside a radius of 125 miles from the court facility wherein the case is being heard, the parent may file a written motion requesting that such parent be allowed to complete a parenting education program offered in the jurisdiction where he or she resides. The motion may be granted if it appears from that motion and any supporting documents that such other program conforms to the standards of this circuit.

WARNINGCivil cases

Applies to

Financial disclosure statement

Disclose interests in businesses, corporations, farms, and similar entities in which you or your spouse have an ownership interest.

BUSINESS / FARMING INTERESTS: (List interest in any business, corporation, farms, etc. which you or your spouse have an ownership interest in.)

WARNING

Applies to

Document filed with a court

A court may require evidence authenticating and validating an electronic signature when the document is filed or later.

- 4. Authentication and Verification. A court may require a person who uses an Electronic Signature on a document filed with a court to provide evidence of the authenticity and validity of the Electronic Signature, either at the time the document is filed or at any subsequent time.

WARNING

Applies to

Mediator designation stipulation

Within 14 days of referral, the parties may submit a stipulation designating a certified mediator or, with the presiding judge's review and approval, a qualified noncertified mediator.

Within fourteen (14) days of the Order of Referral the parties may agree upon a stipulation with the court designating: a. A certified mediator; or b. A mediator who does not meet the certification requirements of these rules but who, in the opinion of the parties and upon review by and approval of the presiding judge, is otherwise qualified by training or experience to mediate all or some of the issues in the particular case.

WARNINGCivil cases

Applies to

Guardian information sheet

The Court may require a Guardian Information Sheet for guardians appointed under petitions filed before the Standing Order’s effective date.

The Court may require the filing of a Guardian Information Sheet for guardians appointed pursuant to petitions filed prior to effective date of this Standing Order.

WARNINGCivil cases

If equity differs from value, specify both figures in the personal property table.

** If equity is different than value, specify both.

WARNING

Applies to

Jury instruction list

Each party must provide a numbered list of all instructions for recording whether each 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."

WARNING

Applies to

Proposed jury instructions

Case citations supporting any tendered non-I.P.I. instruction must be attached.

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

WARNING

Applies to

Pretrial memorandum

An uncontested or agreed matter may proceed without a pre-trial memorandum, but an agreed order addressing support or maintenance must recite the parties’ gross and net monthly income as defined by 750 ILCS 5/505.

Any matter which is uncontested or agreed may be set and heard without the necessity of a pre-trial memorandum being filed; 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.

WARNING

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.

WARNING

Applies to

Court filing

A court may require a person using an electronic signature to provide evidence of its authenticity and validity when filing or later.

4. Authentication and Verification. A court may require a person who uses an Electronic Signature on a document filed with a court to provide evidence of the authenticity and validity of the Electronic Signature, either at the time the document is filed or at any subsequent time.

WARNINGCivil cases

Applies to

Financial disclosure statement

The checking and savings account disclosure must include IRA and money market accounts.

CHECKING AND/OR SAVINGS ACCOUNTS: (Include any IRA accounts or money market accounts)

WARNING

Applies to

Motion to allow additional pages

Motions for additional pages are disfavored and must include a supporting affidavit clearly stating the specific grounds showing why the extra pages are necessary.

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion

WARNING

Applies to

Supplemental inspection report

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.

WARNINGCivil cases

Applies to

Annual mediation program report

The program’s Administrative Assistant must report annually to the Illinois Supreme Court the listed mediation-outcome counts.

The Administrative Assistant for the Fourteenth Circuit Court-Annexed Civil Mediation Program shall report to the Illinois Supreme Court on a yearly basis the following information: The number of: Partial agreements after mediation Full agreements after mediation No agreements after mediation Agreements after failed mediation but before trial

WARNINGCivil cases

Applies to

Mediation summary

An attorney who wishes the summary to remain confidential should advise the mediator in writing when filing it.

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.

WARNING

Applies to

Court order

The order must state whether counsel may or must attend mediation sessions.

The Court shall indicate in its order whether legal counsel for the parties may or must attend mediation session(s).

WARNINGCivil cases

Applies to

Financial disclosure statement

The pension and retirement-plan disclosure includes IRAs, SIPs, 401K plans, deferred income, and profit sharing.

PENSIONS, RETIREMENT PLANS: (Includes IRA's, SIP's, 401K Plans, deferred income & profit sharing)

WARNING

Applies to

Motion to allow additional pages

Motions seeking extra pages are disfavored and must include a supporting affidavit clearly stating specific grounds for the additional pages.

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion