7th Judicial Circuit Court, Morgan County, Illinois Document Filing Requirements

CRITICAL

Applies to

Attorney appearance or pleading

An attorney must file a written appearance or other pleading before addressing the court, unless presenting a motion for leave to appear by intervention or otherwise.

An attorney shall file their written appearance or other pleading before they address the court unless they are presenting a motion for leave to appear by intervention or otherwise.

CRITICAL

Applies to

Discovery service certification

The certification must be filed with the circuit court clerk, and identical requests directed to multiple parties may be included in one certification.

Certification shall be filed with the clerk of the circuit court. If identical requests are made of multiple parties, they may be included in one certification.

CRITICAL

Applies to

Non party discovery request

A copy of discovery requests served on non-parties, including document-only deposition subpoenas, must be filed with the clerk.

Notwithstanding the foregoing, a copy of any discovery request served upon a non-party, including subpoenas for deposition for documents only, shall be filed with the clerk and served upon the opposing party in accord with Supreme Court Rule 104 (b).

CRITICAL

Applies to

Mediated agreement

When a mediated agreement is presented for approval, the court must be advised if the participants did not obtain independent legal counsel.

If independent legal counsel is not obtained the court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Discovery motion

A party objecting to a discovery request, seeking to enforce compliance, or challenging the sufficiency of a response must attach and file all relevant discovery with the motion.

Whenever any party has objection to any requests, or seeks to enforce compliance with any request or otherwise addresses a motion to the sufficiency of a response, they shall attach to their motion and file with the Circuit Clerk, a copy of all relevant discovery in order that the court may properly consider the motion.

CRITICAL

Applies to

Notice of 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 thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead 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.

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 thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead 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

Notice

If the Court agrees to hear the matter remotely, notice of the remote hearing must be provided as specified in subparagraph B.

If the Court agrees to hear the matter remotely, notice of the remote hearing shall be provided as set forth in subparagraph B above.

CRITICAL

Applies to

Financial affidavit

A party presenting an affidavit under this rule must seasonably update it.

The party presenting an affidavit pursuant to this rule is under an affirmative duty to seasonably update the affidavit.

CRITICAL

Applies to

Initial case management conference

At the initial case management conference, parents must show completion of approved parenting education, provide a fixed compliance schedule, or show cause for an excuse.

The parents shall show proof of completion of an approved parenting education program as required by Supreme Court Rule 924, provide a fixed schedule for compliance, or show cause to excuse compliance.

CRITICAL

Applies to

Notice

The notice must explain the 30-day claim period and that an order disposing of unclaimed exhibits will be signed afterward.

The notice shall advise the attorneys or parties that if the exhibits are not claimed within 30 days of the Clerk's notice, an order disposing of all exhibits shall be signed by the trial judge or, if unavailable, the Presiding Judge of the County.

CRITICAL

Applies to

Notice

In the stated circumstances, the Notice must explain the opposing party’s in-person and remote participation options and how to request remote participation.

If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.

CRITICAL

Applies to

Discovery objection or motion

Must include

certificate of conference

An objection to a discovery request or a motion to enforce compliance must be filed with a certificate stating the required consultation and resolution efforts or the stated circumstances excusing them.

Prior to filing any objection to any requests or filing a motion to enforce compliance with any request, the party so filing is required to file with the objection or motion a certificate that states that counsel have been unable to resolve discovery differences after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord or that opposing counsel has made himself or herself unavailable for personal consultation or was unreasonable in attempts to resolve differences, as required by Supreme Court Rule 201 (k).

CRITICAL

Applies to

Initial case management conference

If the parents agree, they must provide an agreed parental-responsibilities order and parenting plan; absent court approval otherwise, the plan must comply at least with the standardized Parenting Plan.

The parents shall provide the court with an agreed order regarding parental responsibilities and an agreed parenting plan, if there is an agreement. Unless otherwise approved by the court, the parenting plan shall comply, at a minimum, with the standardized Parenting Plan which can be accessed by clicking on the following Parenting Plan.

CRITICAL

Applies to

Continuing education attendance verification

To remain on the approved list, each attorney must submit verification of at least ten hours of continuing legal education every two-year period, at attendance or upon request.

To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least ten (10) hours every two year period and submit verification of attendance to the Office of the Chief Judge, or, for Sangamon County, the Chief of the Family Division at the time of attendance or upon request.

CRITICAL

Applies to

Mediation referral form

The mediation referral form must be completed by counsel for the minor or another party directed by the court and sent to the mediator within three days after entry of the Mediation Order.

A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Mediation Order, and shall be completed by counsel for the minor or such other party as the court directs.

CRITICAL

Applies to

Notice of motion

Notices of motions must state whether the appearance is in person or by Zoom; Zoom notices must include the specified language and meeting details if known.

Notices of Motions. Notices of motions shall contain language indicating whether the appearance is in-person or over Zoom pursuant to the court's standing orders or adopted remote hearing instructions. If noticed for Zoom, the notice shall contain language "Parties shall attend the presentment of this motion remotely on Zoom" and shall provide the Meeting ID, Password, call in information or link to the meeting, if the Zoom link information is known.

CRITICAL

Applies to

Jury instruction

When news media is present at any portion of a civil or criminal trial, the judge must give the specified jury instruction.

(b) Jury Instruction. The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or 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

Dissolution case

Parties who reach an agreement must complete the Certification Agreement.

If the parties reach an agreement, they must complete the Certification Agreement.

CRITICALCriminal cases

Applies to

Sentencing judgment

The attached Judgment – Sentence to the Illinois Department of Corrections order must be entered in cases where a defendant is sentenced to IDOC confinement.

IT IS HEREBY ORDERED, that the attached Judgment – Sentence to the Illinois Department of Corrections orders shall be entered in all cases that involve a defendant who has been sentenced to confinement in the Illinois Department of Corrections for the term of years and months specified for each offense.

CRITICAL

Applies to

Hearing notice

The hearing notice must state that the hearing will be conducted remotely.

a. that the hearing is to be conducted remotely;

CRITICAL

Applies to

Notice of hearing

A notice of hearing must identify the motion judge, action title and number, hearing date and time, and the nature of the motion.

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.

CRITICAL

Applies to

Hearing notice

The hearing notice must include the hearing's date, time, and subject matter.

In addition to the date, time, and subject matter of the hearing, said Notice shall also specify:

CRITICAL

Applies to

Final pretrial memorandum

Before trial, the parties must present a final pre-trial memorandum containing at least the listed information.

Prior to the commencement of trial, the parties shall present to the court a final pre-trial memorandum, which includes, at a minimum, the following, in a form that substantially complies with Appendix B1 (with children) and Appendix B2 (without children). a. The name, address, date of birth and current employment of each party; b. The name, date of birth and school and/or child care facility for each child; c. Agreements between the parties; d. The issues presented to the court by each party; e. Any stipulations agreed to by the parties; f. A list of potential witnesses; g. A list of potential trial exhibits; h. A list of assets, including the proposed value to be assigned to each asset; i. A list of household goods and related personal property at issue, including the proposed value to be assigned to the property; j. A list of debts, both as to current balance and minimum monthly payment; k. A list of property and debts that are claimed to be non-marital and a brief statement of the basis for the claim; l. Proposed resolution regarding parental responsibility allocation and parenting time; m. Proposed calculations of net income, child support and/or maintenance; n. An itemized proposed distribution of property and debts; o. Attorneys fees and costs of litigation;

CRITICAL

Applies to

News media request for extended media coverage

The extended-media-coverage request form calls for the request to identify the proceeding and requested coverage, state who it represents, indicate when it is filed and explain a filing less than fourteen in advance, identify notice recipients, and affirm compliance with the applicable policy and local rule.

1. This request is being made on behalf of all news media organizations. 2. Extended media coverage is requested in connection with the trial or proceeding scheduled to take place on the ________ day of ________, 20____ at ________ a.m./p.m., at the ________________________ County Courthouse, ________________________, Illinois. 3. The type of extended media coverage requested is as follows: ☐ Video Camera ☐ Still Camera ☐ Video/Audio Recording ☐ Live Blog Include type of equipment and number of personnel: 4. This request for extended media coverage is filed: ________________ at least fourteen (14) in advance of the proceeding identified above; or ________________ less than fourteen (14) in advance of the proceeding identified above because: ________________________ 5. Notice of this request has been provided to: Counsel of record: ________________________ Parties appearing without counsel: ________________________ The court media liaison: ________________________ 6. I will abide by all the provisions of the Policy for Extended Media Coverage in Circuit Courts of Illinois and the Seventh Judicial Circuit Court Local Rule on Extended Media Coverage as Amended Circuit Administrative Order 24-29.

CRITICAL

Applies to

Order disposing exhibits

An order disposing of unclaimed exhibits must be signed by the trial judge or, if unavailable, the Presiding Judge of the County, and substantially follow Appendix 1.

The notice shall advise the attorneys or parties that if the exhibits are not claimed within 30 days of the Clerk's notice, an order disposing of all exhibits shall be signed by the trial judge or, if unavailable, the Presiding Judge of the County. The Order shall be in substantially the same form as Appendix 1 of this Administrative Order.

CRITICAL

Applies to

Petition for leave to sue or defend as a poor person

An inmate seeking leave to sue or defend as a poor person must submit a trust fund ledger showing all deposits and withdrawals for the six months immediately preceding submission of the petition.

In all family cases in this circuit in which leave is sought by an inmate of a correctional institution to sue or defend as a poor person, the petition for leave to sue or defend as a poor person shall be accompanied by a copy of the inmate's trust fund ledger indicating all deposits and withdrawals made to the inmate's trust fund account for the six months immediately preceding the submission of the petition.

CRITICAL

Applies to

Written engagement agreement

Before mediation begins, the mediator and parties must execute a written engagement agreement stating the mediator’s compensation, the anticipated scope and duration of mediation, and the mediator’s responsibilities for drafting a memorandum of understanding if mediation succeeds.

c. Prior to the commencement of mediation, the mediator and the parties shall execute a written engagement agreement which shall include, at a minimum, the terms of compensation for the mediator; the anticipated scope of the mediation; the anticipated duration of the mediation; and the scope of the mediator’s responsibilities to draft a memorandum of understanding if mediation is successful.

CRITICAL

Applies to

Petition to establish parentage

The petition to establish parentage must comply with 750 ILCS 45/1 et seq.

The contents of the form petition shall comply with the provisions of 750 ILCS 45/1 et seq.

CRITICAL

Applies to

Extended media coverage request notice

A request notice must be in writing and filed with the Clerk of the Circuit Court.

Notice of the request shall be in writing and filed in the office of the Clerk of the Circuit Court.

CRITICAL

Applies to

Pro se entry of appearance

A self-represented litigant must file an entry of appearance, which is available through the referenced link.

A self-represented litigant shall file an entry of appearance which may be obtained by clicking the following Entry of Appearance.

CRITICAL

Applies to

Initial case management order

At the end of the initial case management conference, the parties must submit a completed initial case management order addressing the listed minimum topics.

At the conclusion of the initial case management conference, the parties shall submit to the court a completed initial case management order in a form consistent with Appendix A to these rules, which shall provide, at a minimum, the following: a. The status of the parties; b. Parenting class compliance; c. The temporary residential status of the children of the parties; d. Any temporary agreements with regard to child support; e. Whether parental responsibility allocation or parenting time is at issue; f. Mediation; g. Discovery issues; h. A date and time for the next case management conference.

CRITICAL

Applies to

Order

Every order presented for entry must demonstrate proof of service on all opposing parties in compliance with Supreme Court Rule 11.

All orders presented to the court for entry shall demonstrate proof of service upon all opposing parties in compliance with Supreme Court Rule 11.

CRITICAL

Applies to

Petition for dissolution with children

The petition form for dissolution with children must comply with 750 ILCS 5/403.

The contents of the form Petition for Dissolution of Marriage/Civil Union-with Children shall comply with the provisions of 750 ILCS 5/403.

CRITICAL

Applies to

Provisional order

Unless the agreement is ruled not to be in the child’s best interest, the mediating judge must file a provisional order stating no findings and containing all terms of the mediated agreement.

Unless such ruling is made in the negative, prepares, enters and files in the subject case a provisional order which sets forth no findings but which contains as terms of an order of the court all terms and conditions of any agreement reached by the parties pursuant to judicial mediation;

CRITICAL

Applies to

Summons or petition

Every summons or petition must state whether the appearance is in person or on Zoom and include the appropriate Notice of Rights.

In every summons or petition, the State's Attorney shall provide notice of whether the appearance is in-person or on Zoom and shall provide the appropriate Notice of Rights.

CRITICAL

Applies to

Mediation cost application

Each application for a determination of ability to contribute to mediation costs must be accompanied by a financial affidavit in the specified form.

Each application shall be accompanied by a financial affidavit, in a form consistent with the financial affidavit set forth in section 3 hereinabove.

CRITICAL

Applies to

Uniform order of support

Judges must enter a fully completed Uniform Order of Support whenever a child or spousal support obligation is created or modified.

Judges of this Circuit shall enter a fully completed Uniform Order of Support, in each case in which a child support or spousal obligation is created or modified, and

CRITICAL

Applies to

Discovery request

A discovery request to a mental-health-services provider requires leave of court and an attached written order, and must be returnable in open court for in-camera review.

Any discovery request served upon a provider of mental health services may be made only with leave of court, upon written order to be attached to the discovery request, and returnable in open court for in camera review by the court for a determination of whether the documents may be produced.

CRITICAL

Applies to

Extended media coverage request form

The extended media coverage request form states that proper notice has been given to the court media liaison, counsel of record, and unrepresented parties.

Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Applies to

Dissolution petition no children forms

For a dissolution petition or civil union petition with no children, litigants are instructed to read the relevant instructions, select and complete the appropriate forms, and file them with the Circuit Clerk.

The form of the Petition for Dissolution of Marriage/Civil Union-no children and all necessary documents can be accessed by selecting the following Petition for Dissolution of Marriage/Civil Union-no children. Select the appropriate section and begin by reading the instructions entitled Getting Started and How to forms. Thereafter, select the appropriate forms, complete and file with the Clerk of the Circuit Court.

CRITICAL

Applies to

Mediation referral form

The moving party’s attorney, or the Judge when both parties are self-represented, must complete the Mediation Referral form and forward it to the selected mediator or mediators.

The moving party’s attorney, or Judge when both parties are self-represented, shall be responsible for completion of the Mediation Referral form (Appendix D) and for forwarding that form to the mediator(s) selected.

CRITICAL

Applies to

Financial affidavit

In the specified proceedings, the parties must file an affidavit showing at least current income, debts, assets, and liabilities by the initial case management conference, unless good cause is shown.

In all proceedings involving petitions for attorney's fees, court costs, maintenance, support and/or children and modification of any previous orders relating thereto, an affidavit of the parties showing, at a minimum, current income and debts, assets and liabilities shall be filed with the clerk at or before the initial case management conference, except for good cause shown.

CRITICAL

Applies to

Appropriate forms

For the type of case being filed, litigants are instructed to read the relevant forms instructions, select and complete the appropriate forms, and file them with the Circuit Clerk.

Select the appropriate section and begin by reading the instructions for the type of case you are filing entitled Getting Started and How to forms. Thereafter, select the appropriate forms, complete and file with the Clerk of the Circuit Court.

CRITICAL

Applies to

Action that may result in child support

When filing an action that may result in child support, the filing party must file a child support data sheet with the Clerk in the Clerk’s provided form.

At the time of the filing of any action that may result in the payment of child support, the party filing the action is required to file a child support data sheet with the Clerk, in a form as provided by the Clerk.

CRITICAL

Applies to

Family mediation referral form

The parties must send the family mediation referral form to the mediator within three days after entry of the Order for Mediation.

b. The parties shall send a family mediation referral form to the mediator in all cases within three (3) days of the entry of the Order for Mediation.

CRITICAL

Applies to

Certification of destruction

The Sheriff and Clerk must submit a certification to the court confirming that destruction has been completed.

Within 14 days the Sheriff and Clerk shall certify to the court that the destruction has been completed.

CRITICAL

Applies to

Financial affidavits

For self-represented cases, filing financial affidavits is a prerequisite to referral for judicial mediation.

in self-represented cases, after filing of financial affidavits

CRITICAL

Applies to

Proposed agreed order

The Court may consider allowing an otherwise presumed ineligible case to proceed to a remote hearing if all parties agree and present the Court with a proposed Agreed Order.

The Court may consider allowing an otherwise presumed ineligible case to proceed to a remote hearing if all parties agree and present the Court with a proposed Agreed Order.

CRITICAL

Applies to

Provisional order

When the stated agreement and best-interest conditions are met, the provisional order must include positively found agreed terms and identify issues without an agreement or positive finding.

In cases in which agreement has been reached on all or some qualifying issues and the mediating judge has found that agreement on at least one such issue could reasonably be in the best interest of the child or children, the mediating judge shall, within 21 days after conclusion of a mediation, enter and file in the pending case a provisional order which shall contain the agreed terms and conditions with which the mediating judge has made positive finding and shall also specify issues as to which agreement was either not reached or was not the subject of positive finding by the mediating judge.

CRITICAL

Applies to

Hearing notice

c. contact information, including e-mails and telephone numbers, should the other participants have technical difficulties;

c. contact information, including e-mails and telephone numbers, should the other participants have technical difficulties;