Circuit Court of Montgomery County, Illinois (4th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Notice of motion

A motion-hearing notice must identify the motion judge, action, presentation date and time, and motion nature, and must be served with the motion and accompanying papers or a statement that they were previously served.

The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion. A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.

CRITICAL

Applies to

Notice of hearing

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

Counsel must file a certification describing the discovery requests and providing 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

In civil matters, counsel must file a certification showing compliance with a discovery request and describing the documents filed in relation to that 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 needed to decide a motion, all relevant discovery materials must be attached as an exhibit 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

Notice of dismissal

A copy of the dismissal notice and the Clerk’s certificate of mailing must be filed in the record.

A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.

CRITICAL

Applies to

Subpoena

A subpoena seeking specified materials must bear the prescribed legend, and a copy of the subpoena and notice of service must be mailed first class to all parties who appeared within forty-eight hours of issuance.

A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:

CRITICAL

Applies to

Return envelope

A party seeking return of discoverable material by mail must provide an appropriately sized return envelope addressed to the Circuit Clerk with the specified case and hearing information and endorsement.

A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.

CRITICAL

Applies to

Subpoena

A certification page containing the specified certification language must accompany every subpoena issued under this section.

(f) Certification: A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena.

CRITICAL

Applies to

Initial pleadings

If child custody or parental-responsibility allocation 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

The parties must file a Financial Affidavit when the listed matters are disputed, when applicable law requires one, or when the Court orders one.

The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings 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; (2) As required by applicable law; and (3) As otherwise ordered by the Court.

CRITICAL

Applies to

Financial affidavit

A Financial Affidavit must use the Illinois Supreme Court’s designated form and include the supporting documentary evidence required by 750 ILCS 5/501 for temporary issues.

The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.

CRITICAL

Applies to

Proposed disposition statement

When any issues are disputed, each party must file a proposed-disposition statement addressing all issues, agreed and contested.

if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested)

CRITICAL

Applies to

Proposed disposition statement

If custody, visitation, or allocation of parental responsibilities is disputed, the proposed-disposition statement 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

Proposed apportionment statement

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

Proposed apportionment statement

If apportionment of marital indebtedness is disputed, the statement must propose its apportionment 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

Prove up package

Must include

proposed order

The prove-up package must contain the listed judgment, certificates, orders, agreement, and parenting-education certificate, subject to the stated applicability conditions and court flexibility.

It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s 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, if applicable; (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, Declaration or Order; (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 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Verified petition

A request for the Court to consider entering the judgment, order, or declaration without either party appearing in person requires a verified petition on file alleging the necessary supporting facts.

There is on file a verified petition setting forth all necessary factual allegations in support of the request.

CRITICAL

Applies to

Complaint

A small-claims complaint must include a statement of claim setting forth the elements required by Supreme Court Rule 282.

The complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282.

CRITICAL

Applies to

Complaint

If a small-claims claim is based on a written instrument or assignment, a copy must be attached to the original and every copy of the complaint.

If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.

CRITICAL

Applies to

Pleading or affidavit

Verification of any pleading or affidavit must comply with 735 ILCS 5/2-605 and Supreme Court Rule 137.

Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.

CRITICAL

Applies to

Damages affidavit

An affidavit used to prove or challenge damages must comply with the Illinois Rules of Evidence.

In all cases where a Party seeks to prove or challenge damages by affidavit, such affidavits shall be in compliance with the Illinois Rules of Evidence.

CRITICAL

Applies to

Costs affidavit

A prevailing plaintiff seeking costs other than filing or summons-service fees must file an itemized affidavit before judgment stating each cost’s purpose, amount actually expended, and payment date.

A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.

CRITICAL

Applies to

Written notice to contest

Written notice contesting a small claims case must state the case title and number and specified contact information for the defendant, plaintiff, and plaintiff’s attorney, if any.

setting forth the title and number of the case, his or her name, address, telephone number and the name and address of the plaintiff and his or her attorney, if any

CRITICAL

Applies to

Summons

The Clerk must attach a copy of the small claims rule and any other information the Court deems necessary to each summons.

The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.

CRITICAL

Applies to

Exhibit submission

If exhibits are submitted, include an exhibit index stating the page count of each exhibit.

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

CRITICAL

Applies to

Mediator report

The Mediator Report must state whether the parties reached an agreement.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date 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;

CRITICAL

Applies to

Motion

A motion to determine that a case is ineligible for mediation must be supported by an affidavit stating specific facts explaining why mediation would be inappropriate.

Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.

CRITICAL

Applies to

Mediation summary

At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. The names, addresses and email addresses 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 party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. The names, addresses and email addresses 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’s report must be signed and designate whether the outcome is full agreement, partial agreement, or no agreement.

The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.

CRITICAL

Applies to

Petition to probate

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

(a) Holographic 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 petition to probate a handwritten will must include an affidavit from the petitioner or their attorney attesting that the typewritten copy is true and correct to the best of their knowledge.

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 a language other than English must be filed with a typewritten English copy of the will.

(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

CRITICAL

Applies to

Petition to probate

A petition to probate a will written in a language other than English must include a qualified translator's certification that the translation is true and correct.

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

CRITICAL

Applies to

Petition for admission of will

A petition to admit a will to probate must include a copy of the will the petitioner believes to be the testator's valid last will, in addition to statutory requirements.

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, proof of heirship must be provided by written, court-certified testimony filed with the clerk or by 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 state the decedent's date and place of death and whether there was a surviving spouse, and should also address prior marriages and the children born to or adopted from each marriage.

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

Heirship affidavit

The heirship affidavit must identify all children of the decedent and state that there are no other children.

(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

Heirship affidavit

The heirship affidavit must state the date of death and identify any descendants of a deceased child, while stating 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

Heirship affidavit

If the decedent has 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

Heirship affidavit

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

Heirship affidavit

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

Heirship affidavit

The heirship affidavit’s concluding section 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

Heirship affidavit

The heirship affidavit must state whether the decedent was ever a party to a 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 affidavit

Must include

proposed order

When filing a Section 5-3 affidavit, the representative must submit a separate proposed Order Declaring Heirship reflecting the affidavit’s concluding language.

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 place their residence address below their signature and, when the court requests, provide a verified affidavit and written notice agreement concerning specified real estate.

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 and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.

CRITICAL

Applies to

Bond

The representative’s bond must be in writing and signed by the representative, even if security is excused by the will or statute.

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 expenditure petition

A guardian’s petition for an expenditure from a ward’s estate must state the estate’s present value, available annual income, and expenditure purpose, and list all payments received by the ward or petitioner in the specified capacities.

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

Petition to withdraw ward funds

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

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 notice of hearing must state the hearing’s time, date, place, and nature.

The notice of hearing shall contain the time, date, place and nature of the hearing

CRITICAL

Applies to

Notice of hearing

A notice of hearing must include the specified statement or substantially similar language explaining the binding effect of an approved account.

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 executed by the legal representative is required for the specified settlements involving a minor or ward and must include the listed information and supporting medical report or letter.

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

Guardian ad litem report

When appointed, a guardian ad litem must report findings and recommendations before approval of the proposed settlement; appointment is mandatory if the legal representative has not employed independent counsel and discretionary otherwise.

In cases where no independent attorney has been employed by the legal representative of the minor or ward, the court shall, and in all other cases may, appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement and to report his or her findings and recommendations before approval of the proposed settlement.

CRITICAL

Applies to

Settlement order

An order approving settlement must provide for distribution and require signed recipient vouchers within a court-prescribed time, and the receipts or vouchers must 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

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 stated no-withdrawal language.

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

Settlement order

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 disposition without court leave, and require the guardian to file proof of payments.

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

A citation petition presented for filing must be accompanied by the proposed citation with a return date coordinated with the Clerk and a proposed order, or the Clerk shall 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

Petition

Must include

proposed order

The petition, proposed citation, and proposed order must be presented to the presiding judge for entry of the order.

such petition of record and then present the petition, the proposed citation and the proposed order to the presiding judge for entry of the order.

WARNING

Applies to

Notice attached to summons

The notice attached to each summons must highlight or bold Rules 9-8 and 9-10(b) and (c).

Rule 9-8 and Rule 9-10(b) and (c) shall be highlighted or in bold type in such notice.

WARNING

Applies to

Submission email

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 (e.g., PlaintiffExhibit1, PetitionerExhibit2, DefendantExhibit3, RespondentExhibit4, etc.);

WARNING

Applies to

Mediation agreement summary

The mediator must prepare a written summary of agreements in a format that facilitates later signature and provide a copy to the parties and their attorneys, if any.

(e) Written Agreements: The mediator shall summarize, in writing, the agreements reached by the parties in a format that would facilitate this summary being later signed by the parties as their final agreement. A copy of this summary shall be given to the parties and their attorneys, if any.

WARNING

Applies to

Heirship order

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

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.

WARNING

Applies to

Petition to withdraw ward funds

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

Showing for minor beneficiary

When the stated conditions apply, the court may direct that a minor’s monetary share be deposited and paid out under Section 24-21 upon a sworn showing that doing so is in the minor’s best interests.

If a minor is entitled to a distributive share of a decedent's estate and: (1) The share consists entirely of money, and (2) No guardian has been appointed for his estate, the Court, upon a showing under oath that it is in the best interests of the minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Illinois Probate Act.

INFO

Applies to

Mediation summary

A party that wishes its summary to remain confidential should advise the mediator in writing when filing it.

If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed.