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

CRITICAL

Applies to

Report of compliance

The foreign representative, attorney-in-fact, or assignee must present a compliance report with the distributee’s receipt within 90 days after the order, unless the Court allows more time.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Applies to

Guardian report

A guardian’s report must disclose the ward’s physical location, physical and mental condition, and school attendance or occupation.

A report of a guardian or a guardian to collect shall disclose the physical location of the ward, the ward’s physical and mental condition, and the ward’s attendance in school or occupation.

CRITICAL

Applies to

Fee petition

A fee petition must include a statement of the estate’s gross value, work and time, requested fee, and reimbursable advanced expenses.

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

Discovery request for relief

A request for relief concerning specified discovery materials must include and file as an exhibit copies of the relevant portions.

However, if relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response, copies of the portion of the deposition, interrogatory, request, answer, or response shall be attached to the request for relief as an exhibit and filed with the Clerk.

CRITICAL

Applies to

Motion for default

Must include

proposed order

A plaintiff seeking judgment or other relief beyond a default finding must serve the proposed judgment or order with the default motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Applies to

Notice of hearing

For a motion seeking a default finding under Rule 5.2(1), either the notice or motion must tell the defendant that a default finding at the hearing means the defendant will not be entitled to notice of further proceedings.

If the motion is for a finding of a default under Rule 5.2(1), either the notice or the motion must inform the defendant that if the defendant is found to be in default at the hearing, the defendant shall not be entitled to notice of further proceedings in the action.

CRITICAL

Applies to

Judgment directing sale

A judgment directing the sale of real estate must designate the sheriff or a Court-approved judicial officer to conduct the sale.

All judgments directing the sale of real estate shall designate the sheriff or judicial officer approved by the Court as the officer to conduct the sale.

CRITICAL

Applies to

Written motion

Unless an individual court standing order or discretionary case-by-case exception allows otherwise, a person seeking permission to appear remotely under S. Ct. R. 45(c) or (d) must use a written motion that is filed, scheduled, and served under Local Rule 5.1.

Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Discovery receipt

An attorney or self-represented litigant who receives or reviews the materials must acknowledge that by signing the disclosing party’s receipt.

The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

CRITICAL

Applies to

Petition for rule to show cause

A rule to show cause for indirect civil contempt may issue only on a verified petition clearly stating its factual basis or on the complaining party’s testimony, which must make a prima facie showing of contempt.

Except as provided in these Rules, a rule to show cause for indirect civil contempt shall be issued only on a verified petition that clearly sets forth the facts on which the petition is based or on testimony of the complaining party. Any verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Petition for commission

A petition for a commission to depose a will witness must state the specified witness and officer details and attach proposed interrogatories; absent waiver, give heirs or legatees at least 14 days’ notice before the probate hearing.

A person seeking admission of a will or codicil to probate and desiring to take the deposition of a witness to a will or codicil as provided in section 6-5 of the Act shall file a petition for issuance of a commission stating the name and address of the witness, the reason the witness is unable to attend court, and the name and address of the officer to whom the commission is directed. A copy of the proposed written interrogatories shall be attached to the petition. Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition. Before the hearing, any interested person may propose written cross-interrogatories.

CRITICAL

Applies to

Mediated agreement

When a mediated agreement is presented for approval, the Court must be advised if a party is self-represented.

If a party is an SRL, the Court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Petition to probate holographic will

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

When seeking to probate a handwritten will and/or codicil, 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

Mediator report

The mediator must file a report stating whether an agreement was reached, in whole or in part.

(j) Report of Mediator. Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

Applies to

Motion to terminate mediation

A motion to terminate mediation must include an affidavit stating specific facts explaining why mediation should not continue.

Any motion to terminate mediation must be supported by an affidavit setting forth specific facts as to why continuing the mediation would be inappropriate.

CRITICAL

Applies to

Inventory

Each inventory must list known real and personal property and causes of action as of the decedent’s date of death or the guardian’s appointment date.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue.

CRITICAL

Applies to

E document

Each E-document must include the filer’s typed name and contact information, and attorneys must also include their ARDC registration number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer. Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Application

For a minor’s application for distribution without further administration, the application must be made by the guardian, a parent, or a person standing in loco parentis.

In the case of a minor, application shall be made by the guardian, a parent, or a person standing in loco parentis.

CRITICAL

Applies to

Initial case management conference notice

The conference date and time must appear on the original pleading and all party copies, or in a separate Clerk-completed document delivered to the plaintiff and served with the summons on all defendants.

The time and date of the initial case management conference shall be affixed to the original pleading and on all copies served on or retained by the parties or indicated in a separate document completed by the Clerk to be delivered to the plaintiff and to be served with the summons on all defendants.

CRITICAL

Applies to

Petition

A petition to use the ward’s estate for support, comfort, or education must state specified financial information and list all payments received by the ward or petitioner on the ward’s behalf.

A petition of a guardian or conservator 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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Power of attorney or assignment

The recipient must present satisfactory evidence of entitlement, and each power of attorney or assignment must be signed and properly authenticated and acknowledged before an American consul unless the Court accepts other evidence of authenticity.

The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that the principal is the person entitled to receive the distributive share. Each power of attorney or assignment shall be signed by the distributee and be properly authenticated and acknowledged before an American consul, unless the Court is satisfied with other evidence of the authenticity of the power of attorney or assignment.

CRITICAL

Applies to

Disclosure

Each party must seasonably supplement and amend disclosures when new or different information or documents become known.

The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

The required disclosure must identify intended trial witnesses, provide their contact information, and describe their expected testimony.

(15) The names, addresses, telephone numbers, and e-mail addresses of all witnesses the disclosing party intends to call at trial, together with a description of the subject matter about which each witness might be called to testify.

CRITICAL

Applies to

Financial disclosure

The required disclosure must include details of any claim to reimbursement for contribution.

(8) A statement setting forth the details of any claim of a right to reimbursement for contribution;

CRITICAL

Applies to

Voucher

The voucher must acknowledge receipt of the funds, include a copy of the settlement order and specified no-withdrawals wording, and may allow withdrawals without court order after a minor reaches majority.

The voucher must acknowledge receipt of the funds and a copy of the Court’s order approving the settlement and shall include the express language that “No withdrawals shall be made from this account unless authorized by order of Court.” If the account is for the benefit of a minor, the voucher may allow withdrawals without order of court after the date on which the minor reaches the age of majority.

CRITICAL

Applies to

Attorney registration

Attorney registration must provide the listed attorney, firm, contact, e-service, staff, and fee-payment information.

Attorneys must register with the Clerk and shall at a minimum provide the following information: firm name; attorney names and ARDC registration numbers; address; phone number; e-mail address for E-service; staff contact information; and an approved method for paying filing fees.

CRITICAL

Applies to

Financial disclosure

The required disclosure must list stocks, bonds, mutual funds, and other equities in which a party has an interest, including those held for a party’s benefit.

(10) A list of any stocks, bonds, mutual funds, or other equities in which 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;

CRITICAL

Applies to

Disclosure

Each disclosure must be written and accompanied by the party’s affidavit confirming its completeness and accuracy as of its date and the party’s reasonable efforts to comply.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made.

CRITICAL

Applies to

Self represented appearance

An SRL must file and serve a written appearance before participating in a hearing, provide identifying information, and satisfy the additional signature and attachment requirements when applicable.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court. Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address. If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law. If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of any pleading seeking relief with respect to him or her and attach a copy of that pleading to the appearance. The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Written order

Must include

proposed order

If ordered, submit a written order within 30 days or the Court’s set time, first tender it to all appearing counsel and SRLs, and include the preparer’s contact information at the lower left of the last page; designate agreed orders.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court. Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record. If the parties do not agree as to the form of the order, the Court shall decide the issue after hearing. Approval as to form shall not be construed as approval as to substance, and the Court may enter the order even if approval is withheld. The attorney or SRL preparing the order shall place his or her name, address, and telephone number at the lower left portion of the last page of the order. An agreed order should be so designated.

CRITICAL

Applies to

Written contempt charge

When the judge must refer the contempt matter because the controversy calls the judge’s objectivity into question, the judge must specify the alleged acts in writing, direct preparation of a record, and transfer the matter for reassignment.

In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, direct that a record of the proceedings surrounding the acts be prepared, and transfer the matter to the appropriate assignment judge for reassignment.

CRITICAL

Applies to

Inventory

An inventory for a decedent’s estate under supervised administration or an estate of a minor or disabled person must be verified.

The inventory in a decedent’s estate under supervised administration or in the estate of a minor or disabled person shall be verified.

CRITICAL

Applies to

Withdrawal petition

A petition to withdraw funds held for the benefit of a minor or ward shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor or ward, the

A petition to withdraw funds held for the benefit of a minor or ward shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor or ward, the

CRITICAL

Applies to

Financial affidavit

Each party in a covered action must file a financial affidavit, except that no additional affidavit is required before the permanent-relief hearing if one was filed before the temporary-relief hearing and there has been no substantial change.

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. If a financial affidavit has been filed before a hearing on temporary relief, an additional financial affidavit need not be filed before the hearing for permanent relief if there has been no substantial change at the time of the final hearing.

CRITICAL

Applies to

Objection to extended media coverage

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):

CRITICAL

Applies to

Continuing education attendance verification

Attendance verification must be submitted to the Chief Judge when the attorney attends the courses or upon request.

Verification of attendance shall be submitted to the Chief Judge at the time of attendance or on request.

CRITICAL

Applies to

Inventory

A description of a bond shall include the total face value, name of the obligor, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid, and endorsements.

A description of a bond shall include the total face value, name of the obligor, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid, and endorsements.

CRITICAL

Applies to

Financial disclosure

The required disclosure must identify insurance policies covering a party and provide the insurer, policy number, and face and cash values.

(12) The existence of any cash value life insurance, term insurance, or other insurance policies covering the life of any party, including the name and address of the company, the policy number, and the face and cash values of each policy;

CRITICAL

Applies to

Criminal discovery materials

Exhibits, reports, and other materials produced in response to a court discovery order must not be filed with the Clerk.

The Clerk shall not accept for filing any exhibits, reports, or other materials in response to discovery orders entered by the Court.

CRITICAL

Applies to

Settlement approval order

If annuity payments or income are payable before majority, the settlement order must direct payment to the minor’s or ward’s estate, restrict use or withdrawal without court leave, and require proof of allowed distributions to be filed.

When annuity payments or income are payable before the beneficiary reaches the age of majority, an order approving the settlement shall provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court, and that proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Additional disclosures

Each required disclosure must be written and accompanied by an affidavit of completeness and correctness; parties must seasonably supplement or amend as new information becomes known.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made. The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

Proposed property apportionment statement

If marital indebtedness is disputed, the property apportionment statement must list each debt’s creditor, marital or non-marital status, amount, and due date or dates.

If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Petition for leave

The foreign representative, attorney-in-fact, or assignee must present a petition for leave to receive the share in a form acceptable to the Court.

The foreign representative, attorney-in-fact, or assignee shall present a petition for leave to receive the share in a form acceptable to the Court.

CRITICAL

Applies to

Motion

A motion to terminate mediation must include an affidavit stating specific facts explaining why continued mediation would be inappropriate.

Any motion to terminate mediation must be supported by an affidavit setting forth specific facts as to why continuing the mediation would be inappropriate.

CRITICAL

Applies to

Objection

The objection form calls for the specific facts and circumstances supporting the allegation to be described.

The specific facts and circumstances in support of the allegation are described as follows:

CRITICAL

Applies to

Hearing notice

The hearing notice accompanying a written fee request must state the hearing’s time, date, and place and comply with Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Applies to

Written order

If directed by the Court, an attorney or SRL must submit a written order within 30 days or another time set by the Court.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court.

CRITICAL

Applies to

Written appearance

An SRL’s appearance must include the SRL’s legible name, address, telephone number, and, if required, e-mail address.

Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Foreclosure sale documents

Unless otherwise directed, the foreclosure plaintiff or counsel must prepare the listed sale documents and assist the Court and sheriff with the sale.

In all real estate sales in foreclosure, the plaintiff or attorney for the plaintiff, unless otherwise directed, shall prepare the appropriate documents and otherwise aid the Court and sheriff in carrying out the sale, which documents and services shall include (but not be limited to) the following: (1) Preparation of the publication notice for sale and arranging for publication of the notice as required by law; (2) Preparation of the sheriff’s report of sale to be executed by the sheriff as well as the sheriff’s deed or deeds, if needed; (3) Preparation of the certificate of sale in duplicate to be executed by the sheriff; and (4) Preparation of orders approving the report of sale for entry by the Court, as well as a memorandum of judgment when applicable.

CRITICAL

Applies to

Entry of appearance

An appearance used in place of notice must state on its face that the person has read the petition, account, or report and approves the requested fees.

Entries of appearances will be accepted in lieu of any required notice if the appearance indicates on its face that the person executing the appearance has read the petition, account, or report and approves the fees requested.