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

CRITICAL

Applies to

Inventory

Representatives and guardians must file a sworn inventory of the safety deposit box’s contents with the Clerk.

All representatives and guardians shall timely file with the Clerk a sworn inventory of a safety deposit box’s contents.

CRITICAL

Applies to

Written appearance

If an SRL’s appearance waives notice or consents to an immediate hearing, it must state that the SRL received the relevant pleading and include a copy.

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.

CRITICAL

Applies to

Written appearance

An attorney’s written appearance must include specified contact information and, if filed by a law firm, identify the attorney or attorneys responsible for the case.

Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case.

CRITICAL

Applies to

Final 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

Inventory

An inventory’s partnership-interest description must include the partnership’s name and address and, if known, the approximate value and estate interest.

A description of a partnership interest shall include the partnership name and address and the approximate value and interest of the estate, if known.

CRITICAL

Applies to

Proposed property apportionment statement

When property apportionment is disputed, submit a detailed proposed-apportionment statement at least five days before the hearing or as otherwise ordered; include the specified debt details if marital indebtedness is disputed.

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. 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

Inventory

An inventory’s stock description must identify the number of shares, class, exact corporate title, and, when needed to identify the stock, state of incorporation.

Descriptions of stock shall include the number of shares, class of stock, exact corporate title, and state of incorporation if the state is necessary to identify the stock.

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must provide for distribution of the funds and filing of receipt vouchers.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

Applies to

Inventory

An inventory’s real-estate description must include the property’s legal description and, if any, its address.

Descriptions of real estate shall include the legal description and address, if any, of the property.

CRITICAL

Applies to

Settlement memorandum

For a settlement conference, each attorney or SRL must prepare a memorandum describing the relevant facts, settlement position, and basis for that position, and deliver it to the Court at least seven days before the conference.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Applies to

Discovery documents

Discovery materials generally must not be filed, except requests to admit and their responses; file the relevant portions as exhibits when seeking relief concerning other discovery.

Depositions, interrogatories, requests to produce or inspect, answers, responses, and other similar discovery documents shall not be filed with the Clerk. This Rule does not apply to requests to admit facts or the genuineness of documents or the answers or responses to those requests. 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

Pleading

Each pleading must identify the circuit, county, and parties.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

E document

By e-filing a document requiring an original signature, the filer certifies that the original signed document is in the filer’s possession.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession.

CRITICAL

Applies to

Pleading

Must include

caption

Each pleading must identify the circuit and county and designate the parties.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

Motion

Each motion must identify the relief sought and its governing statutory or rule authority in its title or introductory paragraph, state its factual and legal bases, and include citations to legal authorities the moving party wants the Court to consider.

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

Current or final report

In estates of disabled persons and minors, fees may be allowed only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance at another time.

Fees shall be allowed in estates of disabled persons and minors only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance of fees at another time.

CRITICAL

Applies to

Electronically filed document with original signature

E-filers must possess and preserve original signed documents until one year after finality, produce them for inspection on seven days’ notice, and provide requested hard copies within seven days’ reasonable notice.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession. Unless otherwise ordered by the Court, the Filer shall maintain and preserve all documents containing original signatures that are filed electronically until one year after the date that any judgment or dismissal order has become final and unappealable. The Filer shall make signed originals available for inspection by the Court, the Clerk, or other attorneys in the case on seven days’ notice. At any time, the Clerk may request from the Filer a hard copy of an electronically filed document, which shall be provided within seven days of reasonable notice.

CRITICAL

Applies to

Attorney appointment application

Attorneys seeking appointment to represent children or serve as a guardian ad litem in Allocation Cases must apply in writing to the Chief Judge and state their qualifications.

(b) Application. Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem shall apply in writing to the Chief Judge, setting forth the applicant’s qualifications. A list of appointed attorneys shall be maintained by the Chief Judge.

CRITICAL

Applies to

Motion hearing notice

A motion-hearing notice must identify the action, judge, and hearing time and date, and include the motion or state that it was previously served.

In the notice, the party shall provide the title and number of the action, the name of the judge expected to hear the motion, and the time and date when the motion will be presented. The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Applies to

Judgment order

After an adjudication of civil contempt, a written judgment order must specify the contumacious conduct, sanctions, and means of purging the contempt.

On an adjudication of civil contempt, the complaining party or the Court shall prepare a written judgment order specifying the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself or herself of the contempt.

CRITICAL

Applies to

Hearing notice

A copy of the account must accompany the hearing notice.

notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address

CRITICAL

Applies to

Petition

A petition for a commission to depose a will or codicil witness must state the witness’s name and address, the reason the witness cannot attend, and the directed officer’s name and address, and include the proposed written interrogatories.

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.

CRITICAL

Applies to

Inventory

An inventory’s description of a note owed to the decedent or ward must include the specified note, interest, endorsement, and security information.

A description of a note owed to the decedent or ward shall include the face amount and unpaid balance, date of the note, date of maturity, name of the matter, interest dates, rate of interest, date to which interest is paid, endorsements, and, if secured, a description of the security.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

A motion-hearing notice must state the action’s title and number, the expected judge, and the hearing’s time and date.

In the notice, the party shall provide the title and number of the action, the name of the judge expected to hear the motion, and the time and date when the motion will be presented.

CRITICAL

Applies to

Attorney appearance

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court. Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case. The attorney shall serve copies of the written appearance in the manner required for the service of pleadings. The attorney must seasonably update information contained in the appearance.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court. Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case. The attorney shall serve copies of the written appearance in the manner required for the service of pleadings. The attorney must seasonably update information contained in the appearance.

CRITICAL

Applies to

Financial disclosure

The required disclosure must include each party’s federal and state tax returns and supporting documents for the three calendar years preceding the order.

(13) Copies of federal and state tax returns of any party, together with all supporting schedules, W-2 forms, and 1099 forms for all income included in the returns for the three calendar years preceding the date of the order;

CRITICAL

Applies to

E document

Each e-document must give the filer’s typed name and contact information; attorneys must also give their ARDC 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

Sheriff sales fee and commission record

The sheriff must maintain an inspection-accessible record of sale fees and commissions showing the dates, amounts, and case title and number.

The sheriff shall prepare and keep on file, open to inspection by the Court and others, a full and complete record of all fees and commissions received for sales conducted by the sheriff under authority of the Court, which record shall show the dates and amounts received and the title and number of each case.

CRITICAL

Applies to

Verified petition

A request to extend accounting time or permit less frequent accountings must be made by verified petition stating the reasons, and a granted extension must specify the next accounting date.

(c) Requests for Extension of Time. If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

Applies to

Petition

Must include

case number

A supplemental-proceeding petition must identify the proceeding type and use the related estate’s case number with a letter suffix.

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.

CRITICAL

Applies to

Financial disclosure

The required disclosure must include details of any claim that the other party dissipated assets.

(7) A statement setting forth the details of any claim by the disclosing party that the other party has dissipated assets;

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing time, date, and place and include the specified arrest-warrant warning.

The notice 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

E document

Must include

case number

Each e-document must state 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

Petition

A guardian must petition the Court for approval before materially changing the terms of a qualifying policy.

Before making any material change to the terms of any life, endowment, or annuity policy purchased pursuant to section 21-2 of the Act, the guardian shall petition the Court for approval.

CRITICAL

Unless excused by the Court, settlement-conference attendees must be able to negotiate meaningfully and bind the represented party to an enforceable settlement.

Unless specifically excused by the Court, the attendance of parties with the ability to meaningfully negotiate toward a settlement agreement on behalf of a party and, if successful, to bind that party to an enforceable settlement agreement is required.

CRITICAL

Applies to

Parenting education completion proof

When the parties have a minor child, each parent must complete an approved parenting education program and provide proof before prove-up or a final order, subject to a good-cause waiver or the prior-attendance certificate exception.

Rule 8.2 Parenting Education. 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

Petition

A petition to invest a ward’s property must identify and certify the investment category and disclose specified purchases from the guardian or the guardian’s firm.

A petition of a guardian to invest the ward’s property shall identify the category of the proposed investment pursuant to section 21-2 of the Act and certify that the proposed investment complies with the limitations applicable in that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm of which he or she is an officer or director, the petition shall so state.

CRITICAL

Applies to

Written appearance

If an SRL’s appearance is not e-filed, the SRL must sign it and have the signature acknowledged by an authorized person.

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.

CRITICAL

Applies to

E document

Unless the Court orders otherwise, the filer must preserve electronically filed documents containing original signatures for at least one year after the judgment or dismissal order becomes final; the sentence continues beyond this excerpt.

Unless otherwise ordered by the Court, the Filer shall maintain and preserve all documents containing original signatures that are filed electronically until one year after the date that any judgment or dismissal order has become final and

CRITICAL

Applies to

Attorney affidavit

An attorney representing the attorney-in-fact who is not also the estate’s attorney must file an affidavit stating that the attorney will properly supervise distribution of the funds.

If the attorney representing the attorney-in-fact is not the attorney for the estate, he or she shall file an affidavit stating he or she will properly supervise the distribution of funds held by the attorney-in-fact.

CRITICAL

Applies to

Dismissal stipulation

A dismissal stipulation must be accompanied by the financial institution’s voucher.

A stipulation dismissing any pending action shall be accompanied by the voucher from the financial institution.

CRITICAL

Applies to

E document

Unless the stated exceptions apply, each person whose signature is required must sign the E-document.

Except as set forth in Rules 2.8(a) and 2.8(b), E-documents requiring a signature or signatures shall be signed by each person whose signature is required.

CRITICAL

Applies to

Probate distribution order

A settlement administered under the Probate Act must be paid to the guardian, and the distribution order is effective only after the probate judge approves the required bond or other security.

Any approved settlement that is required to be administered pursuant to the Probate Act shall be paid to the guardian of the minor or ward, and the order approving the distribution shall be effective only after the entry of an order by the judge assigned to probate matters approving the bond or other security required to administer the settlement and distribution.

CRITICAL

Applies to

Receipt and certificate

The representative must file the receipt and certificate with vouchers.

The representative shall file the receipt and certificate with vouchers.

CRITICAL

Applies to

Appointed attorney submission

Each appointed attorney must submit current contact information, updated as needed, with a statement or other verification of continuing-education attendance.

Each appointed attorney shall submit to the Chief Judge current contact information (updated as needed) with a statement or other verification of attendance at continuing education.

CRITICAL

Applies to

Petition to withdraw

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

A petition to withdraw funds deposited or invested, as provided in section 24-21 of the Act or pursuant to this Rule shall be presented in person by the parent, spouse, person standing in loco parentis, or person having custody of the ward, unless the Court waives personal presentation.

CRITICAL

Applies to

Criminal discovery receipt

Unless disclosure is disputed, all parties must file the discovery-compliance receipt 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

Application for waiver of court fees

A civil court-fee waiver application must be written on the Illinois Supreme Court’s form, signed by the applicant or a knowledgeable person for a minor or incompetent adult, and e-filed unless the Court excuses e-filing.

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

Safety deposit box inventory

Representatives and guardians must timely file a sworn inventory of a safety-deposit box’s contents.

All representatives and guardians shall timely file with the Clerk a sworn inventory of a safety deposit box’s contents.

WARNING

Applies to

E document

An attorney-required signature may be handwritten by the attorney or appear as the attorney’s facsimile or typographical signature.

E-documents requiring the signature of an attorney may be signed by the attorney or bear a facsimile or typographical signature of the attorney authorizing the filing.