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

CRITICAL

Applies to

Confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign a confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Witness objection to extended media coverage

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

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

CRITICAL

Applies to

Settlement petition

A settlement for a minor or incompetent requires a physician’s or surgeon’s report filed with the petition describing the injury; a minor must also appear in open court unless excused by the court for good cause.

No settlement on behalf of a minor or incompetent will be authorized unless a report of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury, and in case of minors, the minor appears in open court unless excused by the court for good cause shown.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

The petitioner must file an Affidavit of Amount Due on Order to Show Cause, unless the amounts due and all just credits are clearly delineated and ascertainable in the sworn petition for rule to show cause.

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. However. this aQidavit shall not be required jf the amounts due and all just credits are clearly delineated and ascertainable in the sworn petition fill:_ rule to show cause.

CRITICALCriminal cases

Applies to

Expungement sealing filing

Expungement or sealing filings must be filed in both the lead case and every individual case being addressed.

All expungement or sealing filings shall be filed in the "lead" case as well as all individual cases being addressed.

CRITICAL

Applies to

Account

An administrator’s or executor’s account must state any unreported change in the identity of persons entitled to a distributive share.

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

Petition

The circuit clerk must attach the prescribed case-management conference notice to the petition and every copy.

The circuit clerk is to attach the following notice to the petition and all copies of the petition: THE CASE MANAGEMENT CONFERENCE IS SET FOR , 20 AT A.M. / P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. FAILURE TO ATTEND MAY RESULT IN A DEFAULT JUDGMENT AGAINST YOU FOR THE RELIEF SOUGHT. ALL PARTIES MUST COMPLETE OR ENROLL IN AN APPROVED PARENT EDUCATION PROGRAM BY THE CASE MANAGEMENT DATE.

CRITICAL

Applies to

Proof of insurance

Mediators must maintain professional liability insurance covering mediation and provide proof to the chief circuit judge or judicial coordinator.

Mediators must secure and maintain professional liability insurance which covers the mediation process and provide proof thereof to the chief circuit judge or judicial coordinator.

CRITICAL

Applies to

Inventory

If no appraisers are appointed, the receiver must investigate the estate property’s value and show the value of each listed item in the inventory.

(b) Appraisal by Receiver. If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

CRITICAL

Applies to

Petition for ascertainment and declaration of heirship or dependency

When no probate or administration petition has been filed, a person seeking a declaration of heirship or dependency must file a petition stating the listed identifying, death, and heir information.

When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.

CRITICAL

Applies to

Party objection to extended media coverage

A party's written objection to coverage must state the reasons for the objection.

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

CRITICAL

Applies to

Bond

Unless excused by the court, the representative or attorney-in-fact must furnish a suitable bond with sureties in the court-fixed amount, using the court-prescribed form and securing payment and delivery of the share.

Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be in form prescribed by the court and furnished by the clerk and shall be conditioned upon the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Inventory

Descriptions of notes in the inventory must include the specified amount, balance, date, maturity, maker, interest, endorsement, and security details.

Descriptions of notes shall include the face amount and unpaid balance, the date of note, the date of maturity, the name of the maker, the rate of interest, the date to which interest is paid, the endorsements, if any and if secured, a description of the security.

CRITICAL

Applies to

Written accounting

A written accounting must be verified on oath unless the court excuses verification.

A written accounting shall be verified on oath unless excused by the court.

CRITICALCivil cases

Applies to

Objection

Objections to accounts, reports, awards, and similar matters must be written and specify all grounds.

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

CRITICAL

Applies to

Bond

A bond backed by a corporate or association surety will be approved only if the surety files a certified copy of its Illinois license with the clerk.

Bonds with corporation or association licensed to transact surety business in the State of Illinois as surety will be approved only if the surety has filed with the clerk of the court a certified copy of the license issued to the surety by the Director of Insurance.

CRITICAL

Applies to

Affidavit

When the person’s name or residence is unknown and cannot be determined with due diligence, the executor or administrator must file an affidavit to that effect with the clerk.

Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect shall be filed with the clerk of this court by said executor or administrator, then notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in this county at least 20 days prior to the date of the hearing.

CRITICALCivil cases

Applies to

Power of attorney or assignment

A power of attorney or assignment must be signed by the distributee and authenticated and acknowledged before the relevant American Counsel unless the court accepts other evidence of its 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.

CRITICALCivil cases

Applies to

Report of compliance

The compliance report must be accompanied by a receipt or voucher evidencing payment and delivery of the distributive share to the person lawfully entitled to it.

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

Accounting objection

Objections to an accounting must be specific, written, and timely filed to avoid waiver.

Within a time fixed by the court, any party to an accounting action may file specific written objections to the form or substance of the accounting filed, requesting specific relief, such as, for example, a money judgment, an injunction, removal from office, or a more detailed statement of accounts. Any objections not reduced to writing and timely filed are waived.

CRITICAL

Applies to

Early distribution

Before distribution within six months after letters issue, the inventory must be filed, a current account approved and filed, accrued costs paid, and evidence presented that allowed claims are paid or sufficient funds remain to pay all claims and warrant distribution.

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. 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.

CRITICAL

Applies to

Pleading

A pleading in a child custody proceeding must place “CHILD CUSTODY PROCEEDING” in capital letters under its title.

(a) A pleading involving a child custody proceeding must indicate in capital letters, under the title of the pleading, the following language: CHILD CUSTODY PROCEEDING.

CRITICAL

Applies to

Brief

Each party must prepare and file a brief compliant with Illinois Supreme Court Rule 341, and the plaintiff’s brief must include a brief statement of the circuit court’s jurisdiction.

Each party shall prepare and file a brief in compliance with Ill. Sup. Court R. 341 including a brief statement by plaintiff of the circuit court's jurisdiction.

CRITICALCivil cases

Applies to

Address filing

An executor, administrator, or guardian must file an address with the clerk when subscribing the oath.

Each executor, administrator or guardian shall file his address with the clerk at the time of subscribing his oath

CRITICAL

Applies to

Petition

A representative or attorney-in-fact must submit a petition for leave to receive the share using the form prescribed by the court and furnished by the clerk.

Such representative or attorney-in-fact shall present his petition for leave to receive in the form prescribed by the court and furnished by the clerk.

CRITICAL

Applies to

Notice of hearing

Notice of a hearing on a final account or a binding current account must be written and accompanied by a copy of the account, except when notice is by publication.

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

CRITICAL

Applies to

Evidence

A representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the share and that the representative is authorized to receive it.

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.

CRITICAL

Applies to

Inventory

Each cause-of-action description must identify the person, the nature of the claim, and, if suit has been filed, the suit title, court, and general number.

The description of each cause of action shall include the name of the person against whom the cause of action exists or is asserted, the nature of the cause of action and, if suit has been instituted, the title of the suit, the name of the court in which it is pending, and the general number.

CRITICAL

Applies to

Inventory

Descriptions of bonds in the inventory must include the specified value, obligor, bond, interest, maturity, coupon or interest-payment, and endorsement details.

Descriptions of bonds shall include the total face value, the name of the obligor, the kind of bond, the rate of interest, the date of maturity, the coupons attached or the date to which interest is paid and the endorsements, if any.

CRITICAL

Applies to

Answer or pleading

All other parties must file an answer or other pleading responding to objections to a written accounting.

If objections to a written accounting are filed, within a time fixed by the court all other parties shall file answers or otherwise plead to the objections filed, thereby placing the cause at issue for a trial on the merits of the objections.

CRITICALCivil cases

Applies to

Bond

Unless excused by the court, a representative or attorney-in-fact must file a court-prescribed bond with sureties in the court-fixed amount, conditioned on payment and delivery of the distributive share to the distributee.

Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be m form prescribed by the court and furnished by the clerk filed with the Clerk of the Court and shall be conditioned upon the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Inventory

The receiver’s inventory must detail all estate property and identify property within the receiver’s possession or control.

Not later than 30 days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate, designating the property within his possession or control.

CRITICALCivil cases

Applies to

Property debt addendum

When a dissolution of marriage proceeding involves property, debt allowance, or spousal maintenance, an addendum or equivalent additional documentation must be filed.

In a Dissolution of Marriage proceeding when there is any issue involving property, including debt allowance or spousal maintenance, an addendum (or equivalent additional documentation) must be filed

CRITICAL

Applies to

Original written instrument

If a claim is allowed, a notation of the allowance must be made on the original instrument.

If the claim is allowed, a notation of the allowance shall be made on the original instrument.

CRITICAL

Applies to

Notice of hearing

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

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.”

CRITICALCivil cases

Applies to

Receipt

A representative or attorney-in-fact must acknowledge receipt of the distributive share in writing and certify on the receipt that the authority to receive it 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

Financial affidavit

In covered cases involving economic issues, all parties must file a mandatory-form financial affidavit.

(a) In any case filed pursuant to the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act wherein economic issues arise, a mandatory form financial affidavit shall be filed by all parties.

CRITICAL

Applies to

Guardian petition for ward expenses

The guardian’s petition must disclose whether the petitioner or another person receives governmental or charitable assistance and must identify income from any source.

The petition shall state whether or not the petitioner or any other person is receiving any relief or assistance from the Social Security Administration, Veterans' Administration, or any other governmental entity as well as from any charitable organization or entity, and any income from any source.

CRITICAL

Applies to

Written appearance

A party or attorney must file a written appearance, which may be incorporated into another filing, containing the specified contact and identification information; self-represented parties must include their specified information.

A written appearance shall be filed in every case by a party or an attorney provided that the appearance may be incorporated in the document being filed. The appearance shall contain the name of the attorney, firm name, if any, address, phone number, email address, facsimile number, ARDC number of the attorney filling the appearance, and shall identify the party(s) for whom the appearance is being filed. A party representing himself shall file a written appearance and include name, address, phone number, and email address. All subsequent filings shall comply with this rule.

CRITICALCivil cases

Applies to

Petition for ascertainment and declaration of heirship or dependency

When no probate or administration petition has been filed, a person seeking an heirship or dependency declaration must file a petition containing the specified petitioner, decedent, death, and heir information.

When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.

CRITICALCivil cases

Applies to

Address change

An executor, administrator, or guardian must record any address change with the clerk during the period of administration.

and shall record with the clerk any changes in his address taking place during the period of administration.

WARNINGCivil cases

Applies to

Property debt documentation

Property and debt documentation should describe all marital and nonmarital property and debt, the basis for each claim, and the value of each item exceeding $1,000.

Documentation should include description ofall marital and nonmarital property and debt-- including the basis ofsuch claim and the values of each item ofproperty or debt greater than $1.000.

WARNING

Applies to

Case management notice

In civil cases other than the stated domestic relations exception, the clerk must affix the specified case-management notice, which directs the parties to schedule a conference within 35 days if a defendant answers more than 35 days before the set date.

In all other civil cases (excepting domestic relations court cases where a notice form is provided for in 10th Cir. R. 44), the circuit clerk shall affix the following information: THIS CASE IS SET FOR A CASE MANAGEMENT CONFERENCE ON , 20 , AT A.M./P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. IF A DEFENDANT ANSWERS MORE THAN 35 DAYS BEFORE THIS DATE, THEN THE PARTIES SHALL SCHEDULE A CASE MANAGEMENT CONFERENCE WITHIN 35 DAYS OF THE DATE THE ANSWER IS FILED.

WARNING

Applies to

Filed document

Must include

case number

The circuit clerk must assign a general number to each action or proceeding and endorse it on all filed pleadings, notices, orders, and other documents.

When an action or proceeding is commenced, the circuit clerk shall give the filing a general number which shall be endorsed on all pleadings, notices, orders, and other documents filed therein. Such numbering shall indicate the year in which such action or proceeding was commenced, the case identification prescribed by the Administrative Office of the Illinois Courts, and its consecutive general number.

WARNING

Applies to

Notice of hearing or deposition

Signing a hearing or deposition notice constitutes the party’s certification that the rule has been followed.

The signing of a notice of hearing or notice of deposition shall constitute the party’s certification of compliance with this rule.

INFO

Applies to

Brief

A brief does not need to include an appendix.

In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.

INFOCivil cases

Applies to

Cross interrogatories

Interested persons may propose cross-interrogatories at the hearing or within any additional time allowed by the court.

Any persons interested may propose cross-interrogatories at the time of the hearing or within such further time as the court shall allow

INFOCivil cases

Applies to

Proof of heirship

After a probate or administration petition is filed, heirship may be ascertained through open-court testimony, an affidavit, a deposition, or a verified petition.

When a petition for admission of a will to probate or for letters of administration has been filed, ascertainment of heirship may be made: (1) by testimony of witnesses examined in open court; (2) by affidavit as provided in Section 5-3 of the Probate Act; (3) by deposition; or (4) by a verified petition for admission of a will to probate or for letters of administration.