15th Judicial Circuit Court, Ogle County, Illinois Document Filing Requirements

CRITICAL

Applies to

Verified petition

A settlement petition in a decedent’s estate must be verified and include the listed information about the claim, insurance, injuries, settlement fairness, and fees and costs.

(a) Petition. To settle a cause of action for personal injuries or death or any other action in which a decedent’s estate will receive any or all the settlement proceeds, the executor or administrator shall execute and file a verified petition setting forth: (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 applicable liability insurance policy; (4) A brief description of the injuries sustained by the decedent and a list of hospital and medical expenses incurred by the decedent as a result of the occurrence; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Parenting education completion proof

Each parent in a case involving a minor child must complete an approved parenting program and provide proof before prove-up or final order, unless waived for good cause or prior completion is documented.

In all cases in which the parties have a minor child, each parent must attend an approved parenting education program and provide proof of completion before any prove-up or final order in the action. The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

CRITICAL

Applies to

Written objection

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request.

CRITICAL

Applies to

Probate act proceeding

A Probate Act proceeding must be initiated if the distribution exceeds $10,000, the minor or ward is under 14, or the distribution is under a structured settlement, unless the Court waives the requirement for good cause.

If the amount distributable to a minor or ward exceeds $10,000, or the minor or ward is younger than 14 years of age, or the distribution to the minor or ward is to be made pursuant to a structured settlement, a proceeding shall be initiated pursuant to the Probate Act. This provision may be waived by the Court for good cause.

CRITICAL

Applies to

Notice of motion heard without prior notice

Must include

caption, judge name, case number

After a motion is heard without prior notice, the attorney or SRL who obtained the order must serve written notice containing the action, judge, hearing date, and ruling information on the specified parties.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing.

CRITICAL

Applies to

Hearing notice

Covered post-judgment notices must include the specified arrest-warrant warning.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which a warrant of arrest may issue for a party’s failure to appear after receipt of notice shall, in addition to the time, date, and place of hearing, include the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Petition for approval

Assignments and powers of attorney concerning a distributee’s estate interest must be presented for filing and approval, with a verified petition containing the specified information.

Each assignment of interest or power of attorney with respect to a distributee’s interest in a decedent’s estate shall be presented to the Court for filing and approval. The petition for approval shall be verified and, in the case of an assignment, state the names and addresses of the assignor and assignee, the nature and value of the interest involved, the consideration paid to or to be paid to the assignor, and the fees and expenses charged or to be charged, and, in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney-in-fact and his agents and representatives.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the hearing’s time, date, and place and include the specified warning in bold type or underlined.

A notice of the hearing on a rule to show cause shall include, in addition to the time, date, and place of hearing, the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Financial disclosure

The required disclosure must include current wage stubs or other documents demonstrating the disclosing party’s income from all sources.

(5) Current representative wage stubs or other documents demonstrating the disclosing party’s current income from all sources;

CRITICAL

Applies to

Indirect criminal contempt petition

An indirect criminal contempt proceeding must begin with a verified petition that describes the alleged conduct with particularity.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Estate tax documentation

A representative cannot be discharged until appropriate documentation showing that estate taxes were paid or are inapplicable is filed with the Clerk.

The Court shall not discharge a representative unless the representative has filed with the Clerk appropriate documentation that all estate taxes have been paid or that the estate is not subject to estate taxes.

CRITICAL

Applies to

Hearing notice

The notice must state the hearing’s time, date, place, and nature and include substantially the prescribed statement about the binding effect of an approved account.

the notice shall contain the time, date, place, and nature of the hearing in substantially the following sentence: “If the account is approved by the judge, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Applies to

Petition

A guardian seeking to retain an investment or increase not authorized by section 21-2 must petition the Court for approval.

If a guardian desires to retain an investment (including a life, endowment, or annuity policy) or any increase in that investment that is not authorized by section 21-2 of the Act, the guardian shall petition the Court for approval to retain the investment or increase.

CRITICAL

Applies to

Supplemental probate petition

Initiate a supplemental probate proceeding by petition and civil-case service, identify the proceeding type and estate case number with a letter suffix, and pay the fee when filing.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14. The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with suffix “A,” “B,” “C,” etc. The required fee shall be paid when the petition is filed.

CRITICAL

Applies to

Distribution request

The representative must present evidence of the distributee’s death and any other documents required for an order of distribution.

(h) Death of Distributee. If the distributee of a decedent’s estate dies after the decedent’s death but before the receipt of his or her entire distributive estate, the representative of the estate shall present to the Court evidence of the distributee’s death and any other documents as may be required for entry of an order of distribution.

CRITICAL

Applies to

Hearing notice

Specified post-judgment and contempt hearing notices must include the arrest-warrant warning in bold or underlined text.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which a warrant of arrest may issue for a party’s failure to appear after receipt of notice shall, in addition to the time, date, and place of hearing, include the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Proposed property apportionment statement

When property apportionment is disputed, the parties must submit a statement itemizing claimed marital and non-marital property, proposed values and apportionment, and supporting authorities.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

Applies to

Inventory

If a beneficial interest in real estate is an estate asset, the inventory must state the trustee’s name and address and other identifying information.

If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated.

CRITICAL

Applies to

Bond

The foreign representative, attorney-in-fact, or assignee must furnish a court-approved bond with surety unless the Court waives it.

Unless waived by the Court, the foreign representative, attorney-in- fact, or assignee shall furnish a bond with surety in an amount set and in a form acceptable to the Court and conditioned on the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Application

For a disabled adult’s application for distribution without further administration, the application must be made by the guardian or spouse, or, if there is no spouse, a relative responsible for the adult’s support.

In the case of a disabled adult, application shall be made by his or her guardian or spouse, or if he or she has no spouse, by a relative having responsibility for his or her support.

CRITICAL

Applies to

Petition for fees

A fee petition must include a statement of the estate’s gross value, work completed and anticipated with time expended, the requested fee, and expenses for which reimbursement is sought.

A petition for fees shall be accompanied by a statement briefly setting forth the gross value of the estate, a summary of the work completed and to be completed in the future, including time expended, the amount of fee requested, and the expenses advanced for which reimbursement is requested.

CRITICAL

Applies to

Verified petition

A legal representative seeking approval of a minor’s or ward’s settlement must file a verified petition stating the occurrence, opposing party, applicable insurance information, injuries and expenses, settlement fairness and recommendation basis, and fees and costs; a current medical certificate is required only if the Court requests it.

To settle a cause of action for personal injuries and/or property damage sustained by a minor or ward or any other action in which a minor or ward will receive any or all the settlement proceeds, the legal representative of the minor, ward, or decedent’s estate shall execute and file a verified petition setting forth: (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 applicable liability insurance policy; (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of the minor or ward as a result of the occurrence. The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Petition

A petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit confirming its accuracy to the best of the affiant’s knowledge.

the petitioner shall file a typewritten copy of the will and/or codicil with the petition and an affidavit of the petitioner or other person typing the will and/or codicil that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Financial disclosure

The required disclosure must list covered financial accounts in which a party has an interest and identify the institution and account number.

(11) A list of any accounts held by any bank, savings and loan, brokerage company, credit union, or other thrift institution in which accounts any party has a legal or equitable interest, whether held in the name of a party or by any other person or entity for the benefit of a party, setting forth the name and address or any institution or entity and the identification number of the account;

CRITICAL

Applies to

Motion for default

In other default situations, the plaintiff must file a written motion requesting a default finding and specifying any other relief sought at the hearing.

In all other instances, a plaintiff seeking a finding that a defendant is in default for failing to appear, answer, or otherwise plead must file a written motion asking that the defendant be found in default and specifying what other relief, if any, the plaintiff will seek during the hearing on the motion.

CRITICAL

Applies to

Foreclosure sale documents

Before the foreclosure sale, the plaintiff or counsel must supply the sheriff with the listed judgment and sale-notice documents.

In addition to the services above mentioned, the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff with: (1) A certified copy of the judgment directing sale; (2) A certificate of publication of the notice of sale; and (3) A certificate showing copies of the notices of sale have been mailed to parties to the action, when applicable.

CRITICAL

Applies to

Petition

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

the petitioner shall file a typewritten copy of the will and/or codicil in English with the petition and a certification by a qualified translator that the translation is true and correct.

CRITICAL

Applies to

Civil court fee waiver application

A civil fee-waiver application must use the Illinois Supreme Court form, be signed by the applicant or an appropriate knowledgeable person, and be e-filed unless excused.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

CRITICAL

Applies to

Judgment order

When imposing sanctions for direct criminal contempt, the Court must enter a written judgment order stating the factual basis for the finding and specifying the sanctions.

When imposing sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions.

CRITICAL

Applies to

Subpoena

A subpoena seeking documents must include the specified legend on its face or conspicuously attached.

Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Mediation agreement summary

The mediator must prepare a written summary of the parties’ agreements and give a copy to the parties and their attorneys, if any.

The mediator shall summarize, in writing, the agreements reached by the parties. A copy shall be given to the parties and their attorneys, if any.

CRITICAL

Applies to

Written receipt acknowledgment

The foreign representative, attorney-in-fact, or assignee must acknowledge in writing receipt of the distributive share.

The foreign representative, attorney-in-fact, or assignee shall acknowledge receipt in writing of the distributive share received from the representative

CRITICAL

Applies to

Document subpoena

A subpoena must allow at least 10 days after service for return; a document subpoena must include the prescribed legend, including the restriction on mailing documents more than two business days early.

No subpoena may be returnable less than 10 days following its date of service. Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Financial affidavit

In the specified family-law disputes, each party must file the statewide-form financial affidavit at least five days before the hearing or as otherwise ordered.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court. The financial affidavit form shall comply with the standardized, statewide form available at the Illinois Supreme Court website.

CRITICAL

Applies to

E document

Each document filed within a transaction must be uploaded and titled individually.

each individual document must be uploaded and titled individually.

CRITICAL

Applies to

Accounting

Every accounting must include a listing of all disbursements from the estate.

All accountings shall include a listing of all disbursements from the estate.

CRITICAL

Applies to

E document

Each electronically filed document must include the case title, case number, and nature of the filing.

Additionally, each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Financial disclosure

The required disclosure must list specified retirement and similar interests and identify the owner or administrator and account or plan number.

(9) A list of any annuities, pensions, profit sharing plans, retirement plans, IRS accounts, 401(K) or Keogh plans, or other similar equities in which any party has or claims a legal or equitable interest, setting forth the names and addresses of the owner, plan administrator, trustee, or manager and any identifying number of the annuity, account, or plan;

CRITICAL

Applies to

Discovery receipt or acknowledgment

Unless a dispute arises about the extent of disclosure, all parties must file the receipt or acknowledgment showing compliance with the discovery order at trial or other disposition.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must appoint a guardian for the minor’s or ward’s estate and require the guardian to file a bond pending proper deposit of the funds.

An order entered approving a settlement shall provide for the appointment of a guardian for the minor’s or ward’s estate and shall require the guardian to file a bond pending proper deposit of the funds in the approved financial institution.

CRITICAL

Applies to

Amended or supplemental inventory

An amended or supplemental inventory must be filed when specified errors or newly received or discovered assets arise, but need not repeat assets correctly described in a prior inventory.

An amended or supplemental inventory shall be filed with the Clerk if real or personal property has been erroneously described in a previous inventory, assets have been improperly included or excluded from a previous inventory, or additional assets have been received by the representative or have come to his or her knowledge. A supplemental inventory or an amendment to an inventory need not include assets correctly described in a previous inventory.

CRITICAL

Applies to

Financial disclosure

The required disclosure must identify covered health professionals who consulted with or treated a party’s child during the 12 months preceding the order.

(14) The names and addresses of any doctors, psychologists, psychiatrists, or mental health counselors who have consulted with or treated any child of the parties during the 12 months preceding the date of the order; and

CRITICAL

Applies to

Final settlement of wards estate

On the final settlement of a ward’s estate, if the person entitled to the estate is the ward, the guardian will not be discharged unless the ward appears in Court and acknowledges the settlement.

On the final settlement of a ward’s estate, if the person entitled to the estate is the ward, the guardian will not be discharged unless the ward appears in Court and acknowledges the settlement.

CRITICAL

Applies to

Motion

Each motion must identify the relief and governing authority, state its factual and legal bases, and cite any authority the movant wants considered.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Pretrial documents

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference. Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference. Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Petition to probate translated will

A petition to probate a non-English will or codicil must include a typewritten English translation and a qualified translator’s certification of accuracy.

When seeking to probate a will and/or codicil that is written in a language other than English, the petitioner shall file a typewritten copy of the will and/or codicil in English with the petition and a certification by a qualified translator that the translation is true and correct.

CRITICAL

Applies to

Inventory

An inventory’s cause-of-action description must identify the defendants or potential defendants and nature of the claim, plus specified case details if suit has been filed.

A description of a cause of action shall include the name of the defendant(s) or potential defendant(s), its nature, and, if suit has been instituted, the title, case number, and court in which it is pending.

CRITICAL

Applies to

Inventory

Each inventory, amended inventory, and supplemental inventory must be filed with the Clerk unless the Court excuses the filing.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk.

CRITICAL

Applies to

Motion to continue trial

A motion to continue based on a conflicting setting must include an attorney affidavit identifying the other case, judge, setting time and place, and date set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Financial disclosure

The required disclosure must include appraisals conducted within three years for property in which either party claims an interest.

(6) Copies of all appraisals conducted within three years of any personal property or real estate in which either party claims a legal or equitable interest;