Circuit Court of Peoria County, Illinois (10th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Report of compliance

The compliance report must be accompanied by the receipt or voucher evidencing payment and delivery of the share.

Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.

CRITICAL

Applies to

Case management conference notice

The circuit clerk must attach the Approved Parent Education Notice to every case management conference notice.

The circuit clerk shall attach the Approved Parent Education Notice to each case management conference notice.

CRITICAL

Applies to

Receipt

The representative or attorney-in-fact must provide a written receipt for the share and certify on it that the authority to receive the share has not been revoked.

Such representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the legal representative, and he shall certify on said receipt that his authority to receive the distributive share has not been revoked.

CRITICAL

Applies to

Inventory

The inventory must state each parcel’s legal description and, if any, its street and number.

The inventory shall include the legal description of each parcel of real estate, and the street and number, if any.

CRITICAL

Applies to

Inventory

Descriptions of stock certificates in the inventory must state the number and class of shares and the exact corporate title.

Descriptions of certificates of stock shall include the number of shares and class of shares and the exact corporate title.

CRITICAL

Applies to

Objection

Objections to accounts, reports, awards, and similar matters must be written and specify every ground of objection.

Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.

CRITICAL

Applies to

Motion

A person assured by a court bond may move for the sureties to justify, and the motion must include an affidavit showing the grounds, manner of inquiry, and facts ascertained.

Any person assured by a bond executed in this court may by motion request the sureties to justify. The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry, and the facts ascertained.

CRITICAL

Applies to

Proof of notice

Proof of notice must be filed with the clerk no later than the hearing date.

Proof of such notice shall be filed with the clerk of this court on or before the date of the hearing.

CRITICAL

Applies to

Affidavit of amount due

In covered failure-to-pay proceedings, the petitioner must file the mandatory-form Affidavit of Amount Due on Order to Show Cause and serve it with the petition.

(b) In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition. Personal service of process shall be utilized.

CRITICALCivil cases

Applies to

Early distribution request

Evidence must be presented that all allowed claims have been paid or that sufficient funds remain to pay all estate claims and permit distribution.

Evidence shall be presented to the court that all allowed claims have been paid or that there is sufficient money on hand to pay all claims against the estate and to warrant distribution.

CRITICALCivil cases

Applies to

Financial affidavit

All parties must file a mandatory financial affidavit in covered cases where economic issues arise.

a mandatory form fmancial affidavit shall be filed by all parties.

CRITICAL

Applies to

Motion

A receiver may employ an attorney only by court order on the receiver’s written motion stating the reasons and naming the attorney.

Application. An attorney for the receiver shall be employed only upon order of the court, upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

CRITICALCivil cases

Applies to

Petition for leave to receive

A representative or attorney-in-fact must present a petition for leave to receive the distributive share in the court-prescribed form furnished by the clerk and file it with the Clerk of the Court.

Such representative or attorney-in-fact shall present ..flk_his petition for leave to receive in the form prescribed by the court and furnished by the clerk with the Clerk o(the Court.

CRITICAL

Applies to

Continuing education certification

An attorney must complete five hours of specified continuing education within two years of initial placement on the approved list and submit course certification.

The attorney shall complete 5 (five) hours of the aforesaid continuing education within two (2) years from initial placement upon the approved 10th Judicial Circuit list and submit certification of the courses to the chief circuit judge or judicial coordinator.

CRITICAL

Applies to

Party objection to extended media coverage

A party objection must use the Illinois Supreme Court's authorized objection form.

The objection shall be submitted using the Objection of Party to Request for Extended Media Coverage form authorized by the Illinois Supreme Court (Appendix B of the Policy).

CRITICALCriminal cases

Applies to

Expungement sealing request

Must include

proposed order, certificate of service

A request to expunge or seal must be filed with a certificate of service by the circuit clerk and a proposed order.

When filing a request to expunge or seal records, a requester shall file the request, a certificate of service by the circuit clerk, and a proposed order to expunge and or seal.

CRITICAL

The excerpt lists the judgment amount, due-diligence or refusal facts, and mailed notice as items relating to the motion.

(1) The amount, stating the judgment balance, the accrued interest, and costs; (2) That after the exercise of due diligence that judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due; and (3) The notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.

CRITICAL

Applies to

Extended media coverage request

A coverage request must use the Illinois Supreme Court's authorized Extended Media Coverage Request Form.

The request shall be submitted using the Extended Media Coverage Request Form authorized by the Illinois Supreme Court (Appendix A of the Policy).

CRITICAL

Applies to

Petition for leave to settle

The representative’s attorney must include a written certification in the petition stating that the proposed settlement is just and proper based on the applicable facts and law.

The attorney for the representative shall certify in writing as a part of the petition that in his opinion, based upon the facts and law applicable thereto, the proposed settlement is just and proper.

CRITICAL

Applies to

Original written instrument

The original written instrument must be exhibited to the court at the hearing unless it is lost or destroyed.

Unless the original is lost or destroyed, it shall be exhibited to the court at the hearing.

CRITICAL

Applies to

Proof of completion

Mediators must provide proof of continuing-education completion to the chief circuit judge or judicial coordinator.

A mediator shall provide proof of completion to the chief circuit judge or judicial coordinator.

CRITICALCivil cases

Applies to

Proposed written interrogatories

Proposed written interrogatories must be filed before the hearing.

Proposed written interrogatories shall be filed prior to the hearing.

CRITICAL

Applies to

Financial affidavit

A party seeking support for a non-minor child must also file a financial affidavit on the child's behalf.

If a party is seeking support for a non-minor child, that party shall also file a financial affidavit on behalf of the non-minor child.

CRITICALCivil cases

Applies to

Administrator or executor account

An administrator’s or executor’s account must report any change in the identity of distributees that has not previously been reported to the court.

Each administrator's or executor's account shall state any change in the identity of the parties entitled to a distributive share of the estate which change has occurred and has not theretofore been reported to the court.

CRITICAL

Applies to

Complaint

An application for review of an administrative agency decision must be made by filing a complaint with the clerk.

Applications seeking review from an administrative agency’s decision, including administrative review under 735 ILCS 5/3-101 and under the Illinois Workers' Compensation Act, shall be made by filing a complaint with the clerk of the court and service of process as provided by law.

CRITICAL

Applies to

Power of attorney or assignment

A power of attorney or assignment must be signed by the distributee and properly authenticated and acknowledged before the American Counsel where the distributee resides, unless the court accepts other evidence of genuineness or validity.

Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before the American Counsel of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence of the genuineness or validity of the power of attorney or assignment.

CRITICAL

Applies to

Motion

When the Illinois Rules of Criminal Procedure apply, every motion must include a hearing notice stating either the hearing date or a hearing at which the motion will be scheduled.

In any case where the Illinois Rules of Criminal Procedure are applicable, any motion filed must include a notice of hearing. The notice of hearing must provide for either an actual hearing date for the motion being filed or a hearing where the motion will be scheduled to be heard.

CRITICALCivil cases

Applies to

Petition for admission of will or letters of administration

A petition for admission of a will to probate or for letters of administration must be filed substantially in the court-prescribed form furnished by the clerk.

Each petition for admission of a will to probate or for letters of administration shall be filed substantially in the form prescribed by the court and furnished by the clerk with the Clerk of the Court.

CRITICALCivil cases

Applies to

Demand

The demand must be made in writing.

shall be made in writing

CRITICAL

Applies to

Final settlement

A guardian cannot be discharged at final settlement when the ward is entitled to the estate unless the guardian exhibits the ward’s executed receipt in full and entry of appearance waiving notice of hearing.

On the final settlement of a ward’s estate when the person entitled to the estate is the ward, the guardian will not be discharged unless the guardian exhibits to the court a receipt in full and entry of appearance waiving notice of hearing executed by the ward.

CRITICALCivil cases

Applies to

County treasurer receipt or voucher

When the distributive share is deposited with the county treasurer, the representative or attorney-in-fact must produce and file in court the treasurer’s voucher or receipt evidencing the deposit.

presentation of voucher or receipt of the county treasurer evidencing the deposit of said distributive share shall be produced and filed in the court by the representative or attorney-in-fact

CRITICAL

Applies to

Petition for leave to settle

A petition for leave to settle the specified personal-injury or wrongful-death claim must be executed by the legal representative or another interested person.

Each petition for leave to settle a cause of action for personal injuries sustained by a ward or a cause of action for the wrongful death of a person whose estate is in the course of administration shall be executed by the legal representative or any other interested person.

CRITICALCivil cases

Applies to

Evidence of entitlement and authority

A representative, attorney-in-fact, or assignee must provide satisfactory evidence of the principal’s entitlement and the representative’s authority to receive the distributive share.

Such representative or attorney-in-fact or assignee shall present satisfactory evidence to the court that his principal is, in fact, the person entitled to receive such distributive share and that such representative or attorney-in-fact or assignee has been duly authorized, by treaty or power of attorney or assignment, to receive said distributive share.

CRITICALCivil cases

Applies to

Early distribution request

Authority for distribution before six months after issuance of letters is granted only after the inventory is filed, a current account is approved and filed, and all accrued costs are paid.

Authority under Section 24-4(a) of the Probate Act to an executor or administrator to pay all or part of the distributive share to a distributee before the expiration of six months after the issuance of letters will be granted only after the filing of the inventory, the approval and filing of a current account, and the payment of all accrued costs.

CRITICAL

Applies to

Distribution petition

A petition requesting authority to distribute an estate must state if an intestate heir or testate legatee is a minor, has died, or has been adjudicated a disabled adult.

If an heir at law of an intestate or legatee of a testate estate shall be a minor or shall die or be adjudicated a disabled adult, such fact shall be set forth in any petition requesting authority to make distribution.

CRITICAL

Applies to

Order of denial

When a motion heard without prior notice is denied, the denial order must be entered of record and notice must be given under Rule 23(a).

If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.

CRITICAL

Applies to

Claim

A claim based on a written instrument must be accompanied by a copy of that instrument.

Each claim that is founded upon a written instrument shall be accompanied by a copy of the written instrument.

CRITICAL

Applies to

Final account

A final account must be verified and include statements addressing court costs, claims, and assessed Illinois and federal estate taxes, as well as receipts for allowed claims that have been paid.

No final account of any estate shall be approved unless it shall be verified and shall include: (1) A statement that all court costs have been paid. (2) A statement that all claims filed have been allowed or dismissed, together with a list of claims allowed and not yet shown paid of record. (3) Receipts of claimants showing paid claims which have been allowed. (4) A statement that Illinois Estate Tax which has been assessed has been paid or adequate provision has been made for its payment. (5) A statement that Federal Estate Tax which has been assessed has been paid or adequate provision has been made for its payment.

CRITICAL

Applies to

Motion hearing notice

A motion hearing notice must include the specified case, court, motion, service, filing, and—if applicable—reserved hearing-time information.

The notice of hearing shall include: (1) the title and number of the action, (2) the court in which the motion shall be heard, (3) the complete title of the motion, (4) the date of filing of the motion, (5) the date when the motion was previously served or that the motion is being served with the notice, and, (6) if applicable, the amount of court time reserved for hearing on the motion(s).

CRITICAL

Applies to

County treasurer voucher or receipt

If the share is not paid and delivered within 90 days or a court-granted extension, the representative or attorney-in-fact must produce and file the county treasurer’s voucher or receipt evidencing deposit.

In the event of the failure, refusal or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the distributee lawfully entitled thereto within said ninety days (or any extension thereof granted by the court during the said ninety day period), the distributive share shall be deposited with the county treasurer subject to the further order of the court and presentation of voucher or receipt of the county treasurer evidencing the deposit of said distributive share shall be produced and filed in the court by the representative or attorney-in-fact, whereupon he shall be discharged from further duty.

CRITICALCivil cases

Applies to

Vouchers

The legal representative must file the receipt and certificate with the legal representative’s vouchers.

The legal representative shall file said receipt and certificate with his vouchers.

CRITICAL

Applies to

Vouchers

The legal representative must file the receipt and certificate with the vouchers.

The legal representative shall file said receipt and certificate with his vouchers.

CRITICAL

Applies to

Written accounting

When the court finds a party entitled to an accounting, it must order every party obligated to account to file a written account.

In an accounting action if the court finds a party is entitled to an accounting, it shall order all parties obligated to account to file written accounts.

CRITICAL

Applies to

Bond paperwork

Bond paperwork must continue to be processed and sent to the Courthouse.

The bond paperwork must continue to be processed and sent to the Courthouse.

CRITICAL

Applies to

Guardian petition for ward expenses

A guardian’s petition to use a substantial part of the ward’s estate for comfort, support, or education must state the estate’s current value, the ward’s annual income, and any prior authorization for the same purpose.

Each guardian's petition to apply any substantial part of the ward's estate for the comfort, support or education of the ward or other persons entitled to support from the ward, shall state the value of the estate at the time the petition is being filed, the annual income available to the ward and the amount of the last authorization for the expenditure on behalf of said ward for the same purpose, if any.

CRITICALCivil cases

Applies to

Account hearing notice

The notice must be in writing and accompanied by a copy of the account, except when notice is given by publication.

Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.

CRITICALCivil cases

Applies to

Account hearing notice

The notice must state the hearing’s time, place, and nature and substantially include the specified statement about the account being binding.

The notice shall contain the time, place and nature of the hearing and substantially the following sentence: "If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."

CRITICAL

Applies to

Guardian ad litem report

If appointed as guardian ad litem when the estate representative has not employed independent counsel, the attorney must investigate the proposed settlement, report findings and recommendations in writing, and comply with 10th Cir. R. 68 before final action.

In the event there is no independent attorney employed by the representative of the estate, the court will suggest that the representative employ an independent attorney to investigate and make recommendations; but if the representative does not employ an independent attorney, then the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

CRITICALCivil cases

Applies to

Child financial affidavit

A party seeking support for a non-minor child must also file a financial affidavit on the child’s behalf.

If a party is seeking support for a non-minor child, that party shall also file a financial affidavit on behalf of the non-minor child.

CRITICAL

Applies to

Written accounting

A written accounting must identify each receipt and disbursement by date and payor or payee, justify each transaction, state assets at the beginning and end of the accounting period, and include any additional information the court requires.

A written accounting shall identify receipts and disbursements by naming the date and payor or payee of each transaction, a sufficient statement of the purpose or facts surrounding each transaction to constitute justification, the assets on hand at the beginning and at the end of the period of accounting, and shall contain such other and further information as the court requires.