Circuit Court of Monroe County, Illinois (24th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Pleading motion or other document

All pleadings, motions, and other filed documents must state the correct circuit and county in the heading.

All pleadings, motions, or other documents filed with the Circuit Court of the 24$^{th}$ Judicial Circuit shall: 1) Contain the correct circuit in the heading; 2) Contain the correct county in the heading; and

CRITICAL

Applies to

Pleading motion or other document

Pleadings, motions, and other filed documents must be signed by the pleader or movant.

3) Be signed by the pleader or movant.

CRITICAL

Applies to

Exhibit submission

An exhibit index, if exhibits are submitted, must state the number of pages in each exhibit.

An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

CRITICAL

Applies to

Notice of hearing

A notice of hearing must state the caption, hearing date and time, motion description and reference, and relief sought.

The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Discovery request

Must include

certificate of service

Proof of service of a discovery request must be made through counsel's certification briefly describing the requests and including proof of service, and the certification must be filed with the Clerk.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Discovery response

In civil matters, counsel must file a certification showing compliance with a discovery request and describing the documents supplied by reference to the request, but must not file the response documents themselves.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.

CRITICAL

Applies to

Motion

When relevant to deciding a motion, copies of all relevant discovery materials must be attached as exhibits to the motion and filed with the Clerk.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Initial pleadings

When child custody or allocation of parental responsibilities is disputed, the plaintiff must inform the Court with the initial pleadings or as soon as the dispute becomes known.

If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in family cases involving a dispute over allocation of parental responsibilities or modification of a related prior order.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Written statement of proposed disposition

When issues are disputed, each party must file a proposed disposition statement addressing all issues by the earlier specified deadline, unless the court orders otherwise.

8-4 Statement of Proposed Disposition. In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to

Statement of proposed apportionment

If property apportionment is disputed, the parties must submit a proposed apportionment statement itemizing each claimed marital and non-marital property item and its estimated fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Statement of proposed apportionment

If apportionment of marital indebtedness is disputed, the statement must propose how to apportion it and list any non-marital indebtedness for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Parenting education program completion certificate

A parenting education program completion certificate is required unless the court waives the requirement or grants the parties additional time.

(6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Financial mediation submission

When the parties agree to mediate financial issues, they must submit a signed, documented financial affidavit and a classified summary of disputed property and debts to the mediator at least five days before mediation.

If financial issues are agreed to be mediated, then the parties, shall, at a minimum, within five (5) days prior to mediation, submit to the mediator an updated financial affidavit, signed by the parties with all required documentation, a summary of property and debts currently in dispute with a classification of property and debt as marital or nonmarital.

CRITICAL

Applies to

Mediator report

The mediator report must state whether an agreement was reached, session details and attendance, mediation status, and fee and payment information.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed. For any outstanding amount owed, the court may

CRITICAL

Applies to

Mediator report

The mediator report must state whether further sessions are recommended, include relevant nonprivileged and nonconfidential information, and identify whether any party lacked legal counsel.

(5) Whether any additional mediation sessions are recommended; (6) Other relevant information not considered privileged or confidential under these rules or the Uniform Mediation Act 710 ILCS 35/1 et seq which is adopted and incorporated herein to the extent same is not inconsistent with the procedural rules set forth in this mediation program; (7) Whether any of the parties did not have legal counsel.

CRITICAL

Applies to

Motion

A motion to terminate mediation must be supported by an affidavit stating specific facts supporting termination.

Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Written stipulation to mediate

Parties may file a written stipulation to mediate, which must be incorporated into an order of referral.

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 an order of referral.

CRITICAL

Applies to

Petition to probate

For a handwritten will, the petitioner must file a typewritten copy with the probate petition and an affidavit attesting to its accuracy.

(a) Holographic Will. When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

For a will written in a language other than English, the petitioner must file an English typewritten copy and a qualified translator’s certification with the probate petition.

(b) Will in Language Other than English. When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to

Petition to admit will to probate

A petition to admit a will to probate must attach a copy of the will the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

(c) All Other Wills. In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

When a petition to admit a will or for letters of administration is filed, heirship must be proved by qualifying testimony or an affidavit under the Probate Act.

(a) Manner of Proving Heirship. When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Proof of heirship

Proof of heirship may be made by a person with sufficient knowledge of the facts needed to determine heirship.

(b) Proof of Heirship. The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state the decedent’s date and place of death.

(1) The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must name all children born or adopted by the decedent and specifically state if there are no others.

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state the date of death and descendants of any deceased child and specifically state if there are no other descendants.

(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

If the decedent has no spouse or descendants, the affidavit must identify the specified relatives and specifically state if there are no others.

(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must explain the affiant’s relationship to the decedent or, if unrelated, establish the basis of the affiant’s knowledge of heirship.

(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must assert any unknown heirs or addresses and specify the diligent efforts made to ascertain them.

(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit of heirship

The concluding section of an affidavit of heirship must trace each heir’s per stirpes relationship to the decedent.

(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state whether the decedent was ever a party to a civil union or a substantially similar legal relationship recognized by another state.

(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Affidavit of heirship

Must include

proposed order

When filing a qualifying heirship affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk reflecting the affidavit’s concluding language.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Bond

An individual surety must state a residence address below the signature and, if requested by the court, provide a verified affidavit showing net assets at least equal to the bond amount.

(a) Individuals. When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

CRITICAL

Applies to

Bond

A representative’s bond must be written and signed by the representative, even when security is excused.

(b) Written Bond. Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Petition

A guardian’s petition to spend estate funds must state the estate’s present value, the ward’s available annual income, the expenditure’s purpose, and all payments received by the ward or petitioner on the ward’s behalf.

11-5 Expenditures from Ward's Estate. A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Notice of hearing

The account-hearing notice must state the hearing's time, date, place, and nature and include the specified account-approval and binding-effect language or substantially similar language; the excerpt's wording is incomplete.

The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar state account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this

CRITICAL

Applies to

Verified petition

A verified petition to settle a claim in which a minor or ward will receive settlement proceeds must include the occurrence, the opposing person or entity, applicable liability insurance information, and specified injury, expense, and medical-report information.

To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Order approving settlement

An order approving settlement must provide for distribution and timely filing of recipient-signed vouchers that account for the total settlement sum.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Financial institution voucher

The court must continue the case to a specific date so that a financial-institution voucher can be filed.

The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed.

CRITICAL

Applies to

Citation petition

Must include

proposed order

A citation petition must be accompanied by a proposed citation with a return date coordinated with the Clerk and a proposed order, or the Clerk must reject it.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.

CRITICAL

Applies to

Court order

A court order must require settlement funds received for a minor to be deposited or invested for the minor’s benefit, and the funds cannot be withdrawn or used without court approval.

Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act. These funds shall not be withdrawn or used without approval by court order.

CRITICAL

Applies to

Order approving settlement

If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s estate, restrict transfers or expenditures without court leave, and require the guardian to file proof of payment.

Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to

Notice of hearing

Must include

caption

A hearing notice must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

(b) Content of Notice. The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Notice of hearing

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

(c) Notice After 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 the 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 seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Applies to

Discovery request service certification

Counsel must file a certification describing the discovery requests and showing proof of service on the directed party.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Discovery compliance certification

Counsel must file a certification of discovery compliance that describes the documents provided in response to the request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant to deciding a motion, all relevant discovery materials must be attached as exhibits and filed with the motion.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Initial pleadings

The plaintiff must inform the Court of a custody or parental-responsibilities dispute when filing the initial pleadings or as soon as the dispute is known.

If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in family cases involving a dispute over the listed issues or modification of related prior orders.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving attorney's fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Proposed disposition statement

If any issues are disputed, each party must file a written proposed-disposition statement addressing all agreed and contested issues by the earlier of the referenced parenting-plan deadline or at least five days before the contested-issues hearing, unless otherwise ordered.

In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to

Proposed disposition statement

A proposed-disposition statement must include the party's proposed parenting plan when custody, visitation, or allocation of parental responsibilities is disputed, as required by the cited statute.

If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party's proposed parenting plan as may be required by 750 ILCS 5/602.10.

CRITICAL

Applies to

Proposed apportionment statement

When property apportionment is disputed, the parties must submit a proposed-apportionment statement itemizing marital and non-marital property and estimating each item's fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Proposed disposition statement

When apportionment of marital indebtedness is disputed, the statement must propose an apportionment of marital debt and list any non-marital debt for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Prove up package

Must include

proposed order

The prove-up package must include a proposed judgment order.

(1) Proposed judgment order;

CRITICAL

Applies to

Prove up package

The prove-up package must include a fully completed Certificate of Dissolution, Declaration of Invalidity, or Legal Separation.

(2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation;

CRITICAL

Applies to

Prove up package

If applicable, the prove-up package must include a fully completed uniform order for payment of support or maintenance.

(3) Fully completed uniform order for payment of support or maintenance, if applicable;

CRITICAL

Applies to

Prove up package

The prove-up package must include the signed original of any written party agreement that has been or will be testified to or incorporated into the Judgment or Declaration.

(4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment or Declaration;

CRITICAL

Applies to

Prove up package

If support or maintenance is ordered, the prove-up package must include an obligor order for any fee to the Circuit Clerk under 750 ILCS 5/711.

(5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered;

CRITICAL

Applies to

Prove up package

The prove-up package must include a certificate that the person seeking to affect marital status completed the Rule 924 parenting education program, unless the Court waives the requirement or allows more time.

(6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Verified petition

For the Court to consider entering the proposed judgment without the parties appearing, a verified petition must establish the specified facts.

(3) There is on file a verified petition establishing that there are no children born of the marriage, that there are no pending contracts for adoption and that neither party is currently pregnant.

CRITICAL

Applies to

Financial affidavit

When financial issues are agreed to be mediated, the parties must submit an updated, signed financial affidavit and required documentation to the mediator within five days before mediation; the source text also begins a requirement for a property summary but is incomplete.

If financial issues are agreed to be mediated, then the parties, shall, at a minimum, within five (5) days prior to mediation, submit to the mediator an updated financial affidavit, signed by the parties with all required documentation, a summary of property

CRITICAL

Applies to

Mediator report

The Mediator Report must state whether the parties reached an agreement, session details and attendees, mediation status, and fee and payment information.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed.

CRITICAL

Applies to

Motion

A motion to rule that a case is ineligible for mediation must include an affidavit stating specific facts supporting termination.

Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Petition to probate

A petition to probate a handwritten will must be filed with a typewritten copy of the will.

When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate

CRITICAL

Applies to

Petition to probate

A handwritten will’s typewritten copy must be accompanied by an affidavit attesting that it is true and correct to the affiant’s best knowledge.

an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

A petition to probate a will written in a language other than English must be filed with a typewritten English copy of the will.

When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate

CRITICAL

Applies to

Petition to probate

A will translated into English must be accompanied by a qualified translator’s certification that the translation is true and correct.

a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to

Petition to probate

A petition to admit a will to probate must have attached a copy the petitioner believes is the testator’s valid last will.

In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

When a petition to admit a will or for letters of administration is filed, heirship must be proved through specified witness testimony or an affidavit under Section 5-3 of the Probate Act.

When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must include the decedent’s date and place of death.

An affidavit of heirship shall include the following: (1) The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must name all children born or adopted by the decedent and state that there are no others.

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state the date of death, identify descendants of any deceased child, and state that there are no other descendants.

(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

If the decedent had no spouse or descendants, the heirship affidavit must identify the specified relatives and state that there are no others in those categories.

(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state the affiant’s relationship to the decedent or, if unrelated, establish the basis of the affiant’s knowledge of heirship.

(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must identify any unknown heirs or addresses and state the diligent efforts made to ascertain them.

(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit of heirship

The concluding section of the heirship affidavit must trace each heir’s per stirpes relationship to the decedent.

(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state whether the decedent was ever a party to a qualifying civil union or substantially similar legal relationship.

(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Heirship filing

When filing the heirship affidavit, the representative must submit a separate proposed order to the Circuit Clerk reflecting the affidavit’s concluding section.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Heirship proof and order

If an heirship order is incomplete or erroneous, amended proof of heirship must be made and an amended order entered as appropriate.

(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.

CRITICAL

Applies to

Order

When distributive rights change during estate administration, the court must enter an order determining the substituted takers on a person’s motion or its own motion.

(f) Change in Distributive Rights. If there is a change in distributive rights during the administration of an estate, including a change resulting from death, renunciation, disclaimer or other election provided by law, upon motion of any person or the court's own motion, an appropriate order shall be entered determining the substituted takers.

CRITICAL

Applies to

Bond

An individual surety must put a residence address below the signature and, when the court requests, provide a verified affidavit showing net assets at least equal to the bond amount.

(a) Individuals. When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

CRITICAL

Applies to

Bond

The legal representative’s bond must be in writing and signed by the representative, even when security is excused.

(b) Written Bond. Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Guardian petition for expenditure

A guardian’s petition to use estate funds for support, comfort, or education must state the estate’s present value, the ward’s available annual income, and the proposed expenditure’s purpose.

11-5 Expenditures from Ward's Estate. A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.

CRITICAL

Applies to

Guardian petition for expenditure

The guardian’s petition must list all payments received by the ward or petitioner for the ward, including the listed public, charitable, trust, and support payments.

It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Petition to withdraw ward funds

A petition to withdraw ward funds must be presented in person by a listed responsible person unless the court waives personal presentation.

(a) Petition to Withdraw. A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.

CRITICAL

Applies to

Notice of hearing

A hearing notice must state the hearing’s time, date, place, and nature and include the specified statement or a substantially similar one.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: "If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."

CRITICAL

Applies to

Settlement petition

A verified petition to settle a qualifying claim involving a minor or ward must be filed by the legal representative and include the specified occurrence, party, insurance, injury, medical, and settlement information.

(a) Contents of Petition. To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent's estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis. (5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.

CRITICAL

Applies to

Order approving settlement

An order approving settlement must provide for distribution and timely filing of signed recipient vouchers, which must account for the total settlement sum.

(d) Order Approving Settlement. The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Depository voucher

The court must continue the case to a specific date for filing a depository voucher that acknowledges receipt of the funds and settlement order and includes the required no-withdrawals language.

(e) Vouchers. The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: "No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}."

CRITICAL

Applies to

Court order

A court order must require settlement funds received for a minor to be deposited or invested for the minor’s benefit in accordance with the Illinois Probate Act.

Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act.

CRITICAL

Applies to

Court order

Funds deposited or invested for a minor may not be withdrawn or used without court-order approval.

These funds shall not be withdrawn or used without approval by court order.

CRITICAL

Applies to

Settlement order

When annuity payments or income are payable before a beneficiary reaches majority, the settlement order must direct payment to the minor’s estate, restrict use or transfer without court leave, and require the guardian to file proof of distributions.

Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to

Citation petition

Must include

proposed order

A citation petition must be submitted with the proposed citation, a return date coordinated with the Clerk, and a proposed order granting the petition and directing issuance of the citation.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.

CRITICAL

Applies to

Notice of filing of request for extended media coverage

Must include

certificate of service

Parties must use the attached notice form and file a copy with proof of service with the Circuit Clerk.

Parties shall notify witnesses using the form Notice of Filing of Request for Extended Media Coverage attached hereto, and must file a copy with proof of service thereof with the Circuit Clerk.

CRITICAL

Applies to

Jury admonishment

At the commencement of a criminal or civil trial with an approved request for extended media coverage, the Judge must give the jury the specified admonishment.

(a) Jury Admonishment. The Judge shall give the following admonishment to the jury at the commencement of any criminal or civil trial with an approved request for extended media coverage: 1. In this case, I have approved a request to allow the news media to film and photograph the proceedings. This is permitted by the Illinois Supreme Court and is subject to numerous restrictions contained in the Policy for Extended Media Coverage in the Circuit Courts of Illinois. 2. The policy in place regarding cameras in the courtroom is very strict and the Court closely monitors every policy provision. In general, the policy permits the news media to film and photograph the courtroom setting, the participants in the trial, and any persons who might be in the audience. The policy does not permit the news media to film or photograph any of you as jurors or the jury panel as a whole in the courtroom or outside the courtroom. 3. The presence of cameras does not make this case more important than any other. All trials are equally important to the Court and the involved parties. You should not draw any inferences or conclusions from the fact that cameras are present at this particular trial. 4. The news media is generally able to choose which portion or portion(s) of the trial they wish to attend. Therefore, their attendance may be periodic from day-to-day. Also, for legal reasons, the news media may not be permitted to film and photograph certain witnesses. You are not to concern yourself with why certain witnesses are filmed and photographed and others are not. 5. Whether a particular witness is filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony. 6. You should ignore the presence of any cameras. If you find at any time that you are distracted or unable to concentrate because of the cameras, please notify me immediately.

CRITICAL

Applies to

Jury instruction

When news media was present during any portion of a criminal or civil trial, the Judge must give the jury the specified instruction.

(b) Jury Instruction. The Judge shall give the following instruction to the jury when news media was present at any portion of a criminal or civil trial: 1. In this case, the news media was permitted to film and photograph the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. 2. In your deliberation, you should not draw any inferences or conclusions from the fact that cameras were present at this particular trial. Nor should you concern yourself with why certain witnesses were filmed and photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.

CRITICAL

Applies to

Court document

Must include

ai disclosure

Anyone using generative AI to prepare a court document must disclose its use and identify the tool in the document.

Any attorney or unrepresented party who utilizes any generative artificial intelligence tool in the preparation of any documents to be filed with the Court, or submitted to the Court, must disclose in the document that AI was utilized and identify the specific AI tool that was used;

CRITICAL

Applies to

Court document

Anyone using AI to prepare a court document must certify that they checked the accuracy of the AI-generated portion, including all citations and legal authority.

If AI is utilized, the attorney or unrepresented party must certify in the document that the person has checked the accuracy of the portion of the document in which AI was utilized, including the accuracy of all citations and legal authority;

CRITICAL

Applies to

Pleading

Must include

caption

A pleading filed in the specified counties on or after December 5, 2022, must identify the 24th Judicial Circuit and the respective county in its caption.

Any pleading filed in any case in Perry, Monroe, Randolph, or Washington Counties on or after December 5, 2022, shall indicate in the pleading caption that said pleading is being filed in the Circuit Court of the 24th Judicial Circuit, in the respective County.

CRITICAL

Applies to

Prove up package

Must include

proposed order

The prove-up package must contain the listed judgment, certificates, applicable support order, agreement, fee obligor order, and parenting-education certificate, subject to the stated waiver or additional-time exception.

It shall be the responsibility of the person seeking to affect the marital status of the parties, or his or her attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following: (1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment or Declaration; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Financial mediation submissions

When financial issues are mediated, the parties must submit specified financial materials to the mediator at least five days before mediation.

(a) If financial issues are agreed to be mediated, then the parties, shall, at a minimum, within five (5) days prior to mediation, submit to the mediator an updated financial affidavit, signed by the parties with all required documentation, a summary of property and debts currently in dispute with a classification of property and debt as marital or nonmarital.

CRITICAL

Applies to

Mediator report

The Mediator Report must state the listed information about mediation outcomes, sessions, fees, recommendations, relevant nonconfidential information, and whether parties had counsel.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed. For any outstanding amount owed, the court may direct the parties to pay said amount and establish what percentage each party will pay; (5) Whether any additional mediation sessions are recommended; (6) Other relevant information not considered privileged or confidential under these rules or the Uniform Mediation Act 710 ILCS 35/1 et seq which is adopted and incorporated herein to the extent same is not inconsistent with the procedural rules set forth in this mediation program; (7) Whether any of the parties did not have legal counsel.

CRITICAL

Applies to

Motion

A motion to terminate mediation must be supported by an affidavit stating specific facts explaining why mediation should be terminated.

(b) Filing a Motion. Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Stipulation to mediate

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

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 an order of referral.

CRITICAL

Applies to

Petition to probate

A petition to probate a handwritten will must include a typewritten copy and an affidavit confirming that the copy is true and correct to the best of the affiant’s knowledge.

(a) Holographic Will. When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

A petition to probate a will written in another language must include a typewritten English copy and a qualified translator’s certification that the translation is true and correct.

(b) Will in Language Other than English. When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to

Petition to probate

A petition to admit any other will to probate must attach a copy of the will the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

(c) All Other Wills. In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

Proof of heirship for a petition to admit a will or for letters of administration must be provided through either specified open-court testimony or an affidavit under Section 5-3 of the Probate Act.

When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must include the decedent’s date and place of death.

(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following: (1) The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit of heirship

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must name all children born or adopted by the decedent and state that there are no others.

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state the date of death and any descendants of a deceased child, and state that there are no other descendants.

(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

If the decedent has no spouse or descendants, the affidavit must identify the specified relatives and state that there are no others in those categories.

(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The affidavit must explain the affiant’s relationship to the decedent or, if they are unrelated, establish the basis of the affiant’s knowledge of heirship.

(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit of heirship

The affidavit must identify any unknown heirs or addresses and state the diligent efforts made to ascertain them.

(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit of heirship

The affidavit’s conclusion must trace each heir’s per stirpes relationship to the decedent.

(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

The affidavit must state whether the decedent was ever party to a civil union or a substantially similar relationship recognized by another state.

(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Affidavit of heirship

Must include

proposed order

When filing an affidavit under Section 5-3 of the Probate Act, the representative must submit a separate proposed Order Declaring Heirship reflecting the affidavit’s conclusion.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Amended order declaring heirship

If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered as appropriate.

(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.

CRITICAL

Applies to

Petition to expend ward estate funds

A guardian’s petition to use estate funds for support, comfort, or education must state the estate’s present value, the ward’s available annual income, and the expenditure’s purpose.

11-5 Expenditures from Ward's Estate. A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.

CRITICAL

Applies to

Petition to expend ward estate funds

The petition must list all payments received by the ward or petitioner for the ward, including the enumerated public, charitable, trust, and support payments.

It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Notice of hearing

The notice of hearing must state the hearing’s time, date, place, and nature, and include the prescribed statement or a substantially similar one.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: "If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."

CRITICAL

Applies to

Verified petition

A verified settlement petition executed by the legal representative must recite the specified occurrence, defendant, insurance, injury, and expense information and include a current medical report or physician’s letter.

(a) Contents of Petition. To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent's estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Verified petition

The settlement petition must state the settlement offer’s terms and include the petitioner’s attorney’s opinion on its fairness and a recommendation whether it should be approved.

(5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.

CRITICAL

Applies to

Order approving settlement

An order approving settlement must provide for distribution of funds and require recipients’ signed vouchers by a court-prescribed time; the vouchers must account for the entire settlement sum.

(d) Order Approving Settlement. The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Depository voucher

The case must be continued to a specific date for filing the depository’s voucher, which must acknowledge receipt of the funds and settlement order and include the prescribed no-withdrawals language.

(e) Vouchers. The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: "No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}."

CRITICAL

Applies to

Petition

Must include

proposed order

A citation petition submitted for filing must include a proposed citation with a return date coordinated with the Clerk and a proposed order directing issuance of the citation.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.

CRITICAL

Applies to

Submission email

A submission email’s subject line must include the case number and the last name of at least one party.

(ii) The subject line for a submission email shall include the case number and the last name of at least one party;

CRITICAL

Applies to

Exhibit submission

If exhibits are submitted, include an index stating the number of pages in each exhibit.

(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit; and

CRITICAL

Applies to

Notice of hearing

Must include

caption

A hearing notice must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Notice of hearing after ex parte motion

The written notice after a motion heard without prior notice must include the action title and number, judge, hearing date, and the Court’s ruling.

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 the 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 seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.

CRITICAL

Applies to

Discovery request service certification

Must include

certificate of service

Counsel must file a certification briefly describing the discovery requests and showing proof of service on the directed party.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Discovery compliance certification

Counsel must file a certification of discovery compliance that describes the documents filed in response to the request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant discovery materials are necessary to determine a motion, copies must be attached as motion exhibits and filed with the Clerk.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Initial pleadings

The plaintiff must inform the Court of a dispute over child custody or parental-responsibility allocation in the initial pleadings or as soon as the dispute becomes known.

If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in covered family cases with disputes over the listed issues.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving attorney's fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Statement of proposed disposition

When custody, visitation, or allocation of parental responsibilities is disputed, the proposed disposition must include the party's proposed parenting plan as required by statute.

If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party's proposed parenting plan as may be required by 750 ILCS 5/602.10.

CRITICAL

Applies to

Statement of proposed apportionment

When property apportionment is disputed, the parties must submit a proposed-apportionment statement itemizing marital and non-marital property and estimating each item's fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Statement of proposed apportionment

When apportionment of marital indebtedness is disputed, the statement must propose an apportionment of marital debt and list any non-marital debt for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

WARNING

Applies to

Financial affidavit

A Financial Affidavit must use the current form designated by the Illinois Supreme Court.

The Financial Affidavit shall be in the current form designated by the Illinois Supreme Court.

WARNING

Applies to

Financial affidavit

A Financial Affidavit filed for a temporary-relief hearing need not be refiled before a permanent-relief hearing unless something included in it has substantially changed.

If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.

WARNING

Applies to

Mediator report

If the mediator cannot provide all required report information by the due date, the mediator must advise the court how much time is necessary for mediation.

In the event that all of the above information cannot be provided on the due date of the Mediator Report, the mediator shall advise the court as to the time necessary for mediation.

WARNING

Applies to

Affidavit of heirship

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

WARNING

Applies to

Submission email

Must include

case number

A submission email’s subject line must include the case number and the last name of at least one party.

The subject line for a submission email shall include the case number and the last name of at least one party;

WARNING

Applies to

Proposed exhibit

Each proposed exhibit must be submitted as a separate file named to identify the offering party and exhibit number.

Each proposed exhibit shall be submitted as a separate file with a file name that reflects the party offering it and the exhibit number;

WARNING

Applies to

Remote hearing document

Each proposed order, agreed order, agreement, stipulation, or other document must be submitted as a separate file named to identify the offering party and document type.

Each proposed order, fully signed agreed order, agreement, stipulation or other document shall be submitted as a separate file with a file name that reflects the party offering it and the nature of the document;

WARNING

Applies to

Exhibit index

If exhibits are submitted, an exhibit index stating the page count for each exhibit must be included.

An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

WARNING

Applies to

Financial affidavit

A Financial Affidavit must use the current form designated by the Illinois Supreme Court.

The Financial Affidavit shall be in the current form designated by the Illinois Supreme Court.

WARNING

Applies to

Financial affidavit

A Financial Affidavit filed for temporary relief need not be filed again before a permanent-relief hearing unless something included in it has substantially changed.

If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.

WARNING

Applies to

Affidavit of heirship

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

WARNING

Applies to

Petition to withdraw ward funds

The court may require the petitioner to provide evidence that the requested funds are necessary for the ward’s or the ward’s dependents’ benefit.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.

WARNING

Applies to

Prove up package

Failure to provide the required package before the hearing or establish jurisdiction may result in the matter not being heard at the requested time.

Failure to provide said package to the Court prior to the hearing as set forth in Rule 8-5(a), or failure to establish jurisdiction of the court over all parties and the subject matter, may result in the Court not hearing the matter at the requested time for hearing.

WARNING

Applies to

Agreement to mediate additional issues

The parties may agree in writing to mediate additional issues if they notify the mediator that those issues are in dispute.

The parties may, by written agreement, choose to mediate child support, child related expenses or any other issues, provided the parties notify the mediator these issues will be in dispute.

WARNING

Applies to

Proof of heirship

Proof of heirship may be made by a person with sufficient knowledge of facts to determine heirship.

(b) Proof of Heirship. The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.