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

CRITICAL

Applies to

Change of date notice

Every change-of-date notice must state whether the appearance is in person or remote on Zoom and include the appropriate Notice of Rights.

In every change of date notice, the Circuit Clerk shall provide notice of whether the appearance is in-person or remotely on Zoom along with the appropriate Notice of Rights.

CRITICAL

Applies to

Initial pleading

When neither party resides in the county where the initial pleading is filed, petitioner’s counsel must file a venue-waiver motion with the pleading and have it heard and decided before any other issue.

In any case brought pursuant to the Illinois Marriage and Dissolution of Marriage Act where neither petitioner nor respondent resides in the county; where the initial pleading is filed, counsel for the petitioner shall file with said pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of the Marriage and Dissolution of Marriage Act, 750 ILCS 5/104.

CRITICAL

Applies to

Hearing notice

If an order allowing remote appearances has been entered, the hearing notice must include that order as an attachment.

d. if an Order has been entered allowing the parties to appear remotely, then said Order shall also be attached to the Notice; and

CRITICAL

Applies to

Mediated agreement

The written summary forms the basis of the formal mediated agreement presented to the court for approval.

This summary will form the basis of the formal mediated agreement, presented to the court for approval.

CRITICAL

Applies to

Mediation materials

When an order for mediation issues, the parties must provide the mediator with requested information, including the mediation order, case records and pleadings, filed discovery, completed pre-mediation questionnaires, settlement conference memoranda, and current contact information for the parties and counsel.

a. Upon the issuance of an order for mediation, the parties are to provide to the mediator information requested by the mediator, including but not limited to the following: 1. The Mediation Order; 2. Record sheets and all pleadings in the case; 3. All filed discovery material; 4. Completed pre-mediation questionnaires (containing, among other items, domestic violence-related inquiries); 5. All settlement conference memoranda filed in the case; and 6. Current mailing addresses, telephone and FAX numbers for the parties and counsel in the case.

CRITICAL

Applies to

Witness list

The parties must file a list of attending attorneys, parties, and witnesses, with their names and e-mail addresses, at least three days before the hearing.

Witness Lists: At least three (3) days prior to a hearing, the parties shall file a list containing names and e-mail addresses of the attorneys, parties, and witnesses (if any) who will attend the hearing.

CRITICAL

Applies to

Joint parental responsibility allocation order

Joint parental responsibility allocation orders must include the listed minimum provisions, subject to the stated exceptions and conditions.

All joint parental responsibility allocation orders are required to conform to the requirements of the provisions of 750 ILCS 5/602.10, including, at a minimum, the following: an allocation of significant decision-making responsibilities; provisions for the child's living arrangements and for each parent's parenting time, including either: a schedule that designates in which parent's home the minor child will reside on given days; or a formula or method for determining such a schedule in sufficient detail to be enforced in a subsequent proceeding; a mediation provision addressing any proposed reallocation of parenting time or regarding the terms of allocation of parental responsibilities, except that this provision is not required if one parent is allocated all significant decision-making responsibilities; each parent's right of access to medical, dental, and psychological records (subject to the Mental Health and Developmental Disabilities Confidentiality Act), child care records, and school and extracurricular records, reports, and schedules, unless expressly denied by a court order or denied under Section 602.11; a designation of the parent who will be denominated as the parent with the majority of parenting time for purposes of Section 606.10; the child's residential address for school enrollment purposes only; each parent's residence address and phone number, and each parent's place of employment and employment address and phone number; a requirement that a parent changing his or her residence provide at least 60 days prior written notice of the change to any other parent under the parenting plan or allocation judgment, unless such notice is impracticable or unless otherwise ordered by the court. If such notice is impracticable, written notice shall be given at the earliest date practicable. At a minimum, the notice shall set forth the following: the intended date of the change of residence; and the address of the new residence; provisions requiring each parent to notify the other of emergencies, health care, travel plans, or other significant child-related issues; transportation arrangements between the parents; provisions for communications, including electronic communications, with the child during the other parent's parenting time; provisions for resolving issues arising from a parent's future relocation, if applicable; provisions for future modifications of the parenting plan, if specified events occur; provisions for the exercise of the right of first refusal, if so desired, that are consistent with the best interests of the minor child; provisions in the plan for the exercise of the right of first refusal must include: the length and kind of child-care requirements invoking the right of first refusal; notification to the other parent and for his or her response; transportation requirements; and any other provision related to the exercise of the right of first refusal necessary to protect and promote the best interests of the minor child; and any other provision that addresses the child's best interests or that will otherwise facilitate cooperation between the parents.

CRITICAL

Applies to

Certificate of compliance

After compliance with the court's order, the Clerk must sign and file a Certificate of Compliance substantially following Appendix 2.

Upon compliance with the court's order, the Clerk shall sign and file in the cause a Certificate of Compliance in substantially the same form as Appendix 2 of this Administrative Order.

CRITICAL

Applies to

Mediation status report

The court must monitor mediation participation through status reports certifying participation, submitted no less than 30 days after the initial case management conference.

The court shall monitor each party’s participation in mediation through the use of status reports to certify participation, which status reports are to be submitted to the court no less than 30 days after the initial case management conference.

CRITICAL

Applies to

Appointment application

Attorneys seeking appointment must apply in writing to the specified judge; applicants should set forth their qualifications.

Attorneys seeking appointment in parental responsibility allocation and parenting time shall apply in writing to the Presiding Judge of each county or, for Sangamon County, Chief of the Family Division. The applicant should set forth his/her qualifications as set forth above.

CRITICAL

Applies to

Summons

The court will use a summons requiring appearance within 30 days after service, as provided in Supreme Court Rule 101(d).

A summons requiring appearance within 30 days after service as set forth in Supreme Court Rule 101(d) will be utilized by this court.

CRITICAL

Applies to

Contraband destruction order

Contraband must be destroyed under an order of the trial judge or, if unavailable, the Presiding Judge of the County.

Contraband items, including but not limited to, weapons used in the commission of a crime and illegal drugs shall be destroyed by order of the Judge presiding at trial, or if the judge is unavailable, by the Presiding Judge of the County.

CRITICAL

Applies to

Notice

When applicable, the Notice must include the individual judge’s instructions or expectations for remote hearings.

e. when applicable, the individual judge's set of instructions/expectations for remote hearings must be attached to the Notice.

CRITICAL

Applies to

Objection

A party objecting to expanded media coverage must file a written objection stating the reasons at least three days before the proceeding begins.

A party objecting to expanded media coverage shall file a written objection, stating the reasons, at least three (3) days before commencement of the proceeding.

CRITICAL

Applies to

Objection

A party objecting to a remote hearing or its designated platform must file a written objection and notice it for hearing before the remote hearing.

If any party objects to conducting the noticed hearing remotely or to the platform designated, that party, as soon as practicable, shall file the party's objection in writing and notice the objection for hearing before the noticed remote hearing.

CRITICAL

Applies to

Discovery compliance certification

In family matters, counsel must file a compliance certification with the Circuit Clerk describing the documents filed in reference to the request, but must not file the documents supplied in the discovery response.

Proof of compliance with requests for discovery in all family matters (including interrogatories and requests for production) shall be made by filing with the Circuit Clerk the certification of counsel showing that compliance has been accomplished. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in the response to discovery requests shall not be filed with the clerk of the circuit court.

CRITICAL

Applies to

Extended media coverage request notice

The request notice must identify the case and proceeding, describe the requested coverage, state who is receiving notice, and provide the media coordinator's contact and employer information.

The notice shall contain: - a. The title and docket number of the case, and the date and time, if available, of the proceeding. - b. The type of extended media coverage requested with a description (e.g. the number of television cameras, still photographers). - c. A statement that appropriate notice is being provided to all counsel of record, parties appearing without counsel, the appropriate court media liaison, the trial court administrator and the judge, along with the names of each. - d. The name, address and telephone number of the media coordinator making the request, and the media coordinator's employer.

CRITICAL

Applies to

Objection

The objection states the fair-trial basis for good cause and calls for specific supporting facts and circumstances.

2. There is good cause to believe that the presence of extended media coverage, under the circumstances of the proceeding, would materially interfere with the right of the parties to a fair trial. The specific facts and circumstances in support of the allegation are described as follows:

CRITICAL

Applies to

Pre mediation questionnaire

The parties must complete a pre-mediation questionnaire in a form approved by the Chief Judge before the case may be referred for judicial mediation.

and after completion by the parties of a pre-mediation questionnaire the form of which shall be approved by the Chief Judge

CRITICAL

Applies to

Dissolution forms

Parties with adult children must use the forms for a dissolution of marriage with children.

Parties with adult children shall use the forms appropriate with a dissolution of marriage with children.

CRITICAL

Applies to

Hearing notice

The hearing notice must provide the platform's specific login information, including the ID and passcode.

b. the specific zoom/platform log-in information (ID and passcode);

CRITICAL

Applies to

Motion and affidavit

A mediating party seeking vacatur must file a motion and affidavit within 21 days after the Clerk transmits the provisional order, asserting evidentiary facts supporting one of the stated grounds.

provided, however, that the mediating judge may, in his or her discretion, vacate a provisional order or any portion thereof, and resume judicial mediation for such period as said judge determines, upon the basis of motion and affidavit filed by a mediating party within 21 days after the Clerk’s transmittal of such provisional order and asserting evidentiary facts indicating that (1) the affiant misunderstood substantial practical or legal implications of the agreement forming the basis of such order or (2) there exists as to the agreement underlying the provisional order grounds recognized under Illinois law for rescission of a contract.

CRITICAL

Applies to

Discovery service certification

Proof of service of a discovery request must be made by counsel’s certification briefly describing the request and including proof of service on the directed party.

Proof of service of any request for discovery shall be made by certification of counsel briefly describing the request made, together with proof of service on the party to whom they were directed.

WARNINGCivil cases

Applies to

Written report

A Guardian ad Litem must tender a written report to the Court if ordered to do so.

If appointed as such, the Guardian ad Litem shall tender a written report to the Court, if so ordered.

WARNINGCivil cases

Applies to

Continuing education completion evidence

Approved mediators must provide evidence of their continuing-education completion to the Chief or Presiding Judge every two years.

III. Continuing Education: Approved mediators are required to complete ten (10) hours of circuit approved continuing education every two (2) years of which two (2) hours must cover domestic violence issues and provide evidence of completion to the Chief/Presiding Judge every two (2) years.

WARNING

Applies to

Parentage case

Using the Clerk’s parentage form does not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 45/1 et seq.

The use of the form made available by the Clerk shall not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 45/1 et seq.

WARNINGCivil cases

Applies to

Continuing education attendance verification

Attorneys must submit continuing-education attendance verification to the designated office at the time of attendance or upon request.

Each attorney shall attend continuing legal education courses consisting of at least ten (10) hours every two (2) years 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.

WARNING

Applies to

Trial document request

At trial, only originals of documents previously produced in discovery may be requested, except that specified financial documents may be required for temporary-relief hearings in Domestic Relations and Family cases.

Supreme Court Rule 237(b) now provides that the only documents which can be requested at trial are the originals of those documents previously produced in discovery, however this limitation is deemed inapplicable to requiring production of the following documents for temporary relief hearings in Domestic Relations (D) and Family (F) cases: 1) a party's most recently filed federal and state income tax returns with all attachments including W-2 forms; 2) a party's wage statements for the prior two months or the most recent wage statements from all employers if said statements provide year-to-date gross and net wage information; 3) a party's financial statements, profit and loss statements and balance sheet statements, if applicable.

WARNING

Applies to

Petition for temporary restraining order or preliminary injunction

The Court may entertain a petition for a temporary restraining order or preliminary injunction when it is accompanied by an affidavit showing a factual basis for relief under the cited statute.

The court may entertain a petition for a temporary restraining order or preliminary injunction, accompanied by affidavit, showing a factual basis for relief as provided in 750 ILCS 5/501 (a) (2).

WARNING

Applies to

Objection

The objection must state specific reasons for opposing extended media coverage of the witness’s testimony.

3. I object to extended media coverage of my testimony for the following reasons (please be specific):

WARNING

Applies to

Advance notice of coverage

Upon application of the media, the judge may permit the use of equipment or techniques at variance with the provisions in this policy, provided the variance request is included in the advance notice of coverage provided for in subsection 1.3(b). Objections, if any, shall be made as provided in subsection 1.3(c). Ruling upon a variance application shall be at the sole discretion of the judge. Variances may be allowed by the judge without advance application or notice if all counsel and parties consent to it.

Upon application of the media, the judge may permit the use of equipment or techniques at variance with the provisions in this policy, provided the variance request is included in the advance notice of coverage provided for in subsection 1.3(b). Objections, if any, shall be made as provided in subsection 1.3(c). Ruling upon a variance application shall be at the sole discretion of the judge. Variances may be allowed by the judge without advance application or notice if all counsel and parties consent to it.

WARNING

Applies to

Dissolution case

Using the Clerk’s dissolution form does not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 5/101 et seq.

The use of the form made available by the Clerk shall not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 5/101 et seq.

INFO

Applies to

Praecipe for summons

An action for dissolution of marriage or legal separation may be commenced without a petition by filing a praecipe for summons under 750 ILCS 5/411(b).

An action for dissolution of marriage or legal separation may be commenced without the petition by filing a praecipe for summons pursuant to the provisions of 750 ILCS 5/411 (b).