Circuit Court of Perry County, Illinois (24th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Affidavit pursuant to section 5-3 of the probate act

Must include

proposed order

When filing an affidavit under Section 5-3 of the Probate Act, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk that reflects the affidavit’s concluding language.

At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Bond

An individual surety must state their residence address below their signature on the bond.

When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature,

CRITICAL

Applies to

Bond

The representative's bond must be in writing and signed by the representative, even when security is excused.

Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Petition

A guardian's petition to use estate funds for support, comfort, or education must state the estate's present value, the ward's annual income, and the expenditure's purpose, and list the specified payments and assistance received.

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

CRITICAL

Applies to

Notice of hearing

A notice of hearing must state the hearing’s time, date, place, and nature.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing

CRITICAL

Applies to

Verified petition

A verified petition to settle an action in which a minor or ward will receive settlement proceeds must include the listed occurrence, defendant, insurance, injury, expense, and medical-report information.

(a) Contents of Petition. To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Citation petition

Must include

proposed order

A citation petition presented for filing must include a proposed citation with a return date coordinated with the Clerk and a proposed order granting the petition and directing issuance of the citation.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.

CRITICAL

Applies to

Settlement approval order

An order approving settlement must provide for distribution of settlement funds and filing signed recipient vouchers by a court-prescribed time.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court.

CRITICAL

Applies to

Settlement receipt or voucher

Settlement receipts or vouchers must account for the total sum approved and obtained in settlement.

The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Financial institution voucher

The court must continue the case to a specific date so that a financial institution voucher can be filed.

The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed.

CRITICAL

Applies to

Settlement approval order

If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s estate, prohibit disposition without court leave, and require the guardian to file proof of periodic or partial distributions.

Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to

Exhibits

If exhibits are submitted, include an index stating the page count of each exhibit.

An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

CRITICAL

Applies to

Notice of hearing

Must include

caption

A hearing notice must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Notice of motion hearing

Notice of a motion hearing held without prior notice must identify the action, judge, hearing date, and whether the motion was granted or denied.

written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto;

CRITICAL

Applies to

Discovery service certification

Counsel must file a certification describing the discovery requests and showing service, with identical requests to multiple parties permitted in one certification.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court. If identical requests are made of multiple parties, they may be included in one certification.

CRITICAL

Applies to

Discovery compliance certification

In civil matters, counsel must file a certification of discovery compliance with the clerk that describes the documents provided in response to the request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant discovery materials are necessary to determine a motion, copies must be attached as motion exhibits and filed with the clerk.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Initial pleadings

The plaintiff must inform the Court of a child-custody or parental-responsibilities dispute when filing the initial pleadings or as soon thereafter as the dispute is known.

If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in family cases involving a dispute over parental responsibilities or a modification of related prior orders.

(a) Filing of Financial Affidavit. Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Statement of proposed disposition

If any issues are disputed, each party must file a proposed disposition addressing all issues by the sooner of the statutory deadline or at least five days before the contested-issues hearing, unless the court orders otherwise.

8-4 Statement of Proposed Disposition. In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to

Statement of proposed apportionment

If property apportionment is disputed, the parties must submit a proposed apportionment statement itemizing marital and non-marital property and stating each item's estimated fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Statement of proposed apportionment

If apportionment of marital indebtedness is disputed, the statement must propose its apportionment and list any non-marital indebtedness for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Prove up package

Must include

proposed order

The prove-up package must include the listed judgment, certificates, applicable support order, qualifying agreement, and fee order; the parenting-education certificate is required unless waived or additional time is granted.

(1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment or Declaration; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Mediator report

The Mediator Report must state whether the parties reached an agreement; session details and attendees; whether mediation was terminated or suspended; fee and payment information; whether further sessions are recommended; nonprivileged, nonconfidential relevant information; and whether any party lacked counsel.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed. For any outstanding amount owed, the court may direct the parties to pay said amount and establish what percentage each party will pay; (5) Whether any additional mediation sessions are recommended; (6) Other relevant information not considered privileged or confidential under these rules or the Uniform Mediation Act 710 ILCS 35/1 et seq which is adopted and incorporated herein to the extent same is not inconsistent with the procedural rules set forth in this mediation program; (7) Whether any of the parties did not have legal counsel.

CRITICAL

Applies to

Motion to terminate mediation

A motion to terminate mediation must be supported by an affidavit stating specific facts explaining why mediation should be terminated.

(b) Filing a Motion. Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Petition to probate

A petition to probate a handwritten will must include a typewritten copy of the will.

When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate

CRITICAL

Applies to

Petition to probate

The petition must include an affidavit from the petitioner or the petitioner’s attorney attesting that the typewritten copy is true and correct to the best of their knowledge.

an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

A petition to probate a will written in a language other than English must include a typewritten English copy of the will.

When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate

CRITICAL

Applies to

Petition to probate

The petition must include a qualified translator’s certification that the will’s translation is true and correct.

a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to

Petition for admission of will to probate

A petition to admit a will to probate must attach a copy of the will the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

When a petition for admission of a will or for letters of administration is filed, heirship must be proved by specified witness testimony or an affidavit under Section 5-3 of the Probate Act.

When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Proof of heirship

Proof of heirship may be made by a person with sufficient knowledge of the facts needed to determine heirship.

The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state the decedent’s date and place of death.

The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit of heirship

Whether the decedent left a surviving spouse.

Whether the decedent left a surviving spouse.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must name all children born to or adopted by the decedent.

The names of all children, if any, born or adopted by the decedent.

CRITICAL

Applies to

Affidavit of heirship

If there are no additional children, the affidavit must specifically state that there are no other children born to or adopted by the decedent.

The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state the date of death and identify the descendants, if any, of each deceased child.

The date of death and the descendants, born or adopted, if any, of any deceased child.

CRITICAL

Applies to

Affidavit of heirship

If there are no additional descendants, the affidavit must specifically state that there are no other descendants born or adopted.

The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

If the decedent has no spouse or descendants, the affidavit must identify the decedent’s parents, siblings, and descendants of any deceased sibling.

If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

When applicable, the affidavit must specifically state that there are no other siblings or descendants of a deceased sibling, born or adopted.

The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state how the affiant is related to the decedent.

The manner in which the affiant is related to the decedent.

CRITICAL

Applies to

Affidavit of heirship

If the affiant is not related to the decedent, the affidavit must adequately establish the basis of the affiant’s knowledge of the decedent’s heirship.

If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must identify any unknown heirs or addresses and specifically state the diligent efforts made to ascertain them.

An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit of heirship

The affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.

The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state whether the decedent was ever a party to a civil union or substantially similar legal relationship recognized by another state.

The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Exhibit index

An index must accompany any exhibits and state the number of pages in each exhibit.

(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit; and

CRITICAL

Applies to

Notice of motion

A hearing notice must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Discovery request service certification

Counsel must file a certification briefly describing a discovery request and showing service, but identical requests to multiple parties may be covered by one certification.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court. If identical requests are made of multiple parties, they may be included in one certification.

CRITICAL

Applies to

Discovery compliance certification

In civil matters, counsel must file a certification showing compliance with a discovery request and describing the documents filed in response to that request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant discovery materials are necessary to decide a motion, copies must be attached as motion exhibits and filed with the Clerk.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in family cases involving the specified parental-responsibility disputes or modifications.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Statement of proposed disposition

When issues are disputed, each party must file a proposed disposition addressing all issues within the statutory parenting-plan period or at least five days before the contested-issues hearing, whichever is sooner, unless the court orders otherwise.

8-4 Statement of Proposed Disposition. In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to

Statement of proposed apportionment

If property apportionment is disputed, the parties must submit a proposed apportionment statement itemizing marital and non-marital property and estimating each item's fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Statement of proposed apportionment

If apportionment of marital indebtedness is disputed, the statement must propose its apportionment and list any non-marital indebtedness for which either party is liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Prove up package

The prove-up package must include a proposed judgment order.

(1) Proposed judgment order;

CRITICAL

Applies to

Prove up package

The prove-up package must include a fully completed Certificate of Dissolution, Declaration of Invalidity, or Legal Separation.

(2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation;

CRITICAL

Applies to

Prove up package

If applicable, the prove-up package must include a fully completed uniform order for payment of support or maintenance.

(3) Fully completed uniform order for payment of support or maintenance, if applicable;

CRITICAL

Applies to

Prove up package

The prove-up package must include the signed original of any written party agreement that has been or will be testified to, or will be incorporated into the judgment or declaration.

(4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment or Declaration;

CRITICAL

Applies to

Prove up package

If support or maintenance is ordered, the prove-up package must include an obligor order for any fee to the Circuit Clerk under 750 ILCS 5/711.

(5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered;

CRITICAL

Applies to

Prove up package

The prove-up package must include a certificate that the person seeking to affect marital status completed the Rule 924 parenting education program, unless the Court waives the requirement or grants additional time.

(6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Mediator report

The Mediator Report must state whether the parties reached an agreement, session details and attendees, whether mediation was terminated or suspended, and fee and payment information, including any outstanding amount.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed. For any outstanding amount owed, the court may

CRITICAL

Applies to

Mediator report

The Mediator Report must state whether further mediation sessions are recommended, include other relevant information that is not privileged or confidential subject to the stated limitation, and identify whether any party lacked legal counsel.

(5) Whether any additional mediation sessions are recommended; (6) Other relevant information not considered privileged or confidential under these rules or the Uniform Mediation Act 710 ILCS 35/1 et seq which is adopted and incorporated herein to the extent same is not inconsistent with the procedural rules set forth in this mediation program; (7) Whether any of the parties did not have legal counsel.

CRITICAL

Applies to

Motion

A motion to terminate mediation must be supported by an affidavit stating specific facts explaining why mediation should be terminated.

Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Stipulation

A stipulation to mediate must be incorporated into an order of referral.

Such stipulation shall be incorporated into an order of referral.

CRITICAL

Applies to

Petition to probate

For a handwritten will, the petitioner must file a typewritten copy and an affidavit attesting to its accuracy with the petition to probate.

When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

For a will in another language, the petitioner must file an English typewritten copy and a qualified translator’s certification with the petition to probate.

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

CRITICAL

Applies to

Petition for admission of will to probate

A petition to admit a will to probate must include a copy the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

When a petition for admission of a will or for letters of administration is filed, proof of heirship must be made by qualifying in-court testimony or an affidavit under Section 5-3 of the Probate Act.

When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state the decedent’s date and place of death.

The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must name all children born or adopted by the decedent and specifically state that there are no others.

The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state the date of death and any descendants of each deceased child, and specifically state that there are no others.

The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

If the decedent has no spouse or descendants, the heirship affidavit must identify the specified relatives and specifically state that there are no others in those categories.

If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state how the affiant is related to the decedent or, if unrelated, adequately establish the basis of the affiant’s knowledge of heirship.

The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must identify any unknown heirs or addresses and specifically state the diligent efforts made to ascertain them.

An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.

The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit of heirship

The heirship affidavit must state whether the decedent was ever a party to a civil union or a substantially similar legal relationship recognized by another state.

The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Affidavit of heirship

Must include

proposed order

When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk that reflects the affidavit’s concluding-section language.

At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Bond

A representative’s bond must be written and signed even when security is excused by the will or statute.

Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Petition

A guardian’s petition to spend estate funds must state the estate’s present value, the ward’s annual income, and the proposed expenditure’s purpose.

A petition of a guardian 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 his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.

CRITICAL

Applies to

Petition

The petition must list all payments received by the ward or petitioner on the ward’s behalf, including the listed sources of support.

It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Petition

A petition to withdraw ward funds must be presented in person by one of the specified persons unless the court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.

CRITICAL

Applies to

Withdrawal funds

Any funds not spent must be redeposited as provided by the Illinois Probate Act.

All unexpended funds shall be redeposited in accordance with Section 24-21 of the Illinois Probate Act.

CRITICAL

Applies to

Notice of hearing

The notice of hearing must state the hearing’s time, date, place, and nature.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar state

CRITICAL

Applies to

Verified petition

A verified petition to settle an action in which a minor or ward will receive settlement proceeds must include specified information about the occurrence, responsible party, insurance coverage, injuries, expenses, and medical prognosis.

To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Order approving settlement

An order approving settlement must provide for distribution of settlement funds and require recipients’ signed vouchers to be filed within the court-prescribed time.

The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court.

CRITICAL

Applies to

Settlement receipt or voucher

Receipts or vouchers for settlement proceeds must account for the total amount approved and obtained.

The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Citation petition

Must include

proposed order

A citation petition presented for filing must include a proposed citation with a return date coordinated with the Clerk and a proposed order, or the Clerk will reject it.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.

CRITICAL

Applies to

Remote appearance request

A formal remote-appearance request must be written and made five working days before the hearing, with notice to the opposing party.

A formal request for remote appearance must be made in writing five (5) working days before the scheduled hearing with notice to the opposing party.

CRITICAL

Applies to

Notice of hearing

A hearing notice must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Notice of hearing

When a motion is heard without prior notice, the attorney seeking the order must serve written notice containing the specified case, judge, hearing, and ruling information on parties not in default.

If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto;

CRITICAL

Applies to

Discovery request

Counsel must file a certification briefly describing the discovery requests and showing service on the recipient party.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Discovery response

Counsel must file a certification showing compliance with a discovery request and describing the documents provided in response with reference to the request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant to deciding a motion, all relevant discovery materials must be attached as an exhibit and filed with the motion.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in family cases involving the listed disputes or modifications.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving attorney's fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Statement of proposed disposition

When any issue is disputed, each party must file a written proposed-disposition statement addressing all issues by the earlier of the statutory parenting-plan deadline or at least five days before the contested-issues hearing, unless otherwise ordered.

In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to

Statement of proposed disposition

The proposed-disposition filing must include the applicable parenting plan, property itemization and estimated values, and marital and non-marital debt information when those issues are disputed.

If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party's proposed parenting plan as may be required by 750 ILCS 5/602.10. If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item. If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Prove up package

Must include

proposed order

The prove-up package must include the listed judgment, certificates, applicable support or maintenance order, qualifying signed agreement, applicable obligor order, and parenting-education certificate, subject to the stated exception.

It shall be the responsibility of the person seeking to affect the marital status of the parties, or his or her attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following: (1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment or Declaration; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Verified petition

For the Court to consider entering the proposed judgment without either party appearing, a verified petition establishing the specified facts must be on file.

(3) There is on file a verified petition establishing that there are no children born of the marriage, that there are no pending contracts for adoption and that neither party is currently pregnant.

CRITICAL

Applies to

Mediation order

The court must issue and sign a Mediation Order.

A Mediation Order shall be issued and signed by the court.

CRITICAL

Applies to

Mediator report

A Mediator Report must state the listed information and be filed by the specified deadlines.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed.

CRITICAL

Applies to

Motion to terminate mediation

A motion to terminate mediation must be supported by an affidavit stating specific facts explaining why mediation should be terminated.

(b) Filing a Motion. Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Mediator report

The mediator's report must be signed by the mediator and designate full agreement, partial agreement, or no agreement.

The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.

CRITICAL

Applies to

Petition to probate

For a handwritten will, the petition to probate must be filed with a typewritten copy and an affidavit confirming the copy is true and correct to the affiant’s best knowledge.

(a) Holographic Will. When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

For a will in a language other than English, the petition to probate must include a typewritten English copy and a qualified translator’s certification that the translation is true and correct.

(b) Will in Language Other than English. When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to

Petition for admission of will to probate

A petition to admit a will to probate must include a copy of the will the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

(c) All Other Wills. In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

When a petition for admission of a will or for letters of administration is filed, heirship must be proved by qualifying testimony taken in open court and filed with the clerk, or by an affidavit under Section 5-3 of the Probate Act.

(a) Manner of Proving Heirship. When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must include the decedent’s date and place of death.

(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following: (1) The date and place of death of the decedent;

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must name all children born to or adopted by the decedent and state that there are no others.

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must state the date of death, identify any descendants of a deceased child, and state that there are no other descendants.

(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Heirship affidavit

If the decedent has no spouse or descendants, the heirship affidavit must identify the specified relatives and state that there are no others.

(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must explain the affiant’s relationship to the decedent or, if there is none, establish the basis of the affiant’s knowledge of heirship.

(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must identify any unknown heirs or addresses and specifically state the diligent efforts made to ascertain them.

(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Heirship affidavit

The concluding section of the heirship affidavit must trace each heir’s per stirpes relationship to the decedent.

(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Heirship affidavit

The heirship affidavit must state whether the decedent was ever a party to a civil union or a substantially similar legal relationship recognized by another state.

(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Heirship affidavit

Must include

proposed order

When filing the Section 5-3 affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk reflecting the affidavit’s concluding language.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Amended proof of heirship

If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered as appropriate.

(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.

CRITICAL

Applies to

Bond

An individual surety must place a residence address below the signature and, if the court requests, provide a verified affidavit establishing net assets at least equal to the bond amount.

(a) Individuals. When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

CRITICAL

Applies to

Representative bond

The representative’s bond must be in writing and signed by the representative, even if security is excused by the will or statute.

(b) Written Bond. Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Guardian petition for expenditure

A guardian’s petition to use estate funds for support, comfort, or education must state the estate’s present value, the ward’s available annual income, and the purpose of the proposed expenditure.

11-5 Expenditures from Ward's Estate. A petition of a guardian 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 his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.

CRITICAL

Applies to

Guardian petition for expenditure

The petition must list all payments received by the ward or petitioner on the ward’s behalf, including the listed benefits, assistance, trust payments, and support payments.

It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Petition to withdraw ward funds

A petition to withdraw a ward’s deposited or invested funds must be presented in person by a listed responsible person unless the court waives personal presentation.

(a) Petition to Withdraw. A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.

CRITICAL

Applies to

Notice of hearing

The notice of hearing must state the hearing’s time, date, place, and nature, and include the specified statement or a substantially similar one.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: "If the account is approved by the judge upon 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

Petition

A verified petition executed by the legal representative must be filed to settle a covered claim involving a minor or ward and must recite the specified occurrence, party, insurance, injury, expense, and medical-report information.

(a) Contents of Petition. To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent's estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Petition

The settlement petition must state the offer’s terms and include the petitioner’s attorney’s opinion on fairness and recommendation on approval.

(5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.

CRITICAL

Applies to

Order approving settlement

The settlement-approval order must provide for distribution of funds and filing signed recipient vouchers by the court-prescribed time, and the receipts or vouchers must account for the total settlement sum.

(d) Order Approving Settlement. The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Financial institution voucher

The court must continue the case to a specific date for filing a financial-institution voucher acknowledging receipt of the funds and settlement order and containing the required withdrawal restriction.

(e) Vouchers. The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: "No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}."

CRITICAL

Applies to

Petition for citation

Must include

proposed order

A petition for a probate citation must be filed with a proposed citation bearing a return date coordinated with the Clerk and a proposed order; otherwise, the Clerk must reject the petition.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.

CRITICAL

Applies to

Exhibit index

If exhibits are submitted, an index must state the number of pages in each exhibit.

(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit; and

CRITICAL

Applies to

Notice of hearing

Must include

caption

A notice of hearing must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

(b) Content of Notice. The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Discovery request service certification

Counsel must file a certification briefly describing the discovery requests and providing proof of service on the directed party.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Discovery compliance certification

In civil matters, counsel must file a compliance certification that describes the documents provided in response to the discovery request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Motion

When relevant to deciding a motion, copies of all relevant discovery materials must be attached to the motion as exhibits and filed with the Clerk.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties must file a Financial Affidavit in family cases involving a dispute over the listed issues or modification of related orders.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving attorney's fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Statement of proposed disposition

When issues are disputed, each party must file a statement addressing all issues by the earlier of the referenced statutory deadline or at least five days before the contested-issues hearing, unless the court orders otherwise.

In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.

CRITICAL

Applies to

Statement of proposed disposition

If custody, visitation, or parental-responsibility allocation is disputed, the proposed disposition must include the party’s proposed parenting plan as required by statute.

If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party's proposed parenting plan as may be required by 750 ILCS 5/602.10.

CRITICAL

Applies to

Statement of proposed apportionment

If property apportionment is disputed, the parties must submit a proposed apportionment statement itemizing all claimed marital and non-marital property and each item’s estimated fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Statement of proposed disposition

If apportionment of marital debt is disputed, the statement must propose its apportionment and list any non-marital debt for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Verified petition

For the court to consider entering the proposed judgment without either party appearing in person, a verified petition must establish that there are no children born of the marriage, no pending adoption contracts, and neither party is currently pregnant.

There is on file a verified petition establishing that there are no children born of the marriage, that there are no pending contracts for adoption and that neither party is currently pregnant.

CRITICAL

Applies to

Mediation financial-issues submission

When financial issues are mediated, the parties must submit a signed, updated financial affidavit with required documentation and a classified summary of disputed property and debts to the mediator at least five days before mediation.

(a) If financial issues are agreed to be mediated, then the parties, shall, at a minimum, within five (5) days prior to mediation, submit to the mediator an updated financial affidavit, signed by the parties with all required documentation, a summary of property and debts currently in dispute with a classification of property and debt as marital or nonmarital.

CRITICAL

Applies to

Mediation agreement summary

The mediator must prepare a written summary of agreements in a format that facilitates the parties later signing it as their final agreement.

The mediator shall summarize, in writing, the agreements reached by the parties in a format that would facilitate this summary being later signed by the parties as their final agreement.

CRITICAL

Applies to

Mediation agreement summary

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

A copy of this summary shall be given to the parties and their attorneys, if any.

CRITICAL

Applies to

Mediator report

A Mediator Report must state whether the parties reached an agreement, session details and attendance, mediation status, fee information, recommendations for additional sessions, relevant nonprivileged information, and whether any party lacked counsel.

(a) A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed. For any outstanding amount owed, the court may direct the parties to pay said amount and establish what percentage each party will pay; (5) Whether any additional mediation sessions are recommended; (6) Other relevant information not considered privileged or confidential under these rules or the Uniform Mediation Act 710 ILCS 35/1 et seq which is adopted and incorporated herein to the extent same is not inconsistent with the procedural rules set forth in this mediation program; (7) Whether any of the parties did not have legal counsel.

CRITICAL

Applies to

Motion

A motion to terminate mediation must be supported by an affidavit stating specific facts for termination.

Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Petition to probate

A petition to probate a handwritten will must include a typewritten copy and an affidavit confirming the copy is true and correct to the best of the affiant’s knowledge.

When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Petition to probate

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

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

CRITICAL

Applies to

Petition to probate

A petition to admit a will to probate must have attached a copy of the will the petitioner believes is the testator’s valid last will, in addition to statutory requirements.

In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Proof of heirship

Heirship may be proved through open-court witness testimony reduced to writing by the official court reporter, certified by the court, and filed with the clerk.

The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or

CRITICAL

Applies to

Proof of heirship

Heirship may alternatively be proved by an affidavit provided for in Section 5-3 of the Probate Act.

Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must state the decedent’s date and place of death.

An affidavit of heirship shall include the following: (1) The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

CRITICAL

Applies to

Affidavit

The heirship affidavit must name all children born to or adopted by the decedent and state that there are no others.

(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.

CRITICAL

Applies to

Affidavit

The heirship affidavit must state the date of death and identify descendants of any deceased child, while stating that there are no other descendants.

(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.

CRITICAL

Applies to

Affidavit

When the decedent has no spouse or descendants, the heirship affidavit must identify specified relatives and state that there are no others in those categories.

(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.

CRITICAL

Applies to

Affidavit

The heirship affidavit must explain the affiant’s relationship to the decedent or, if unrelated, establish the basis of the affiant’s knowledge of heirship.

(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.

CRITICAL

Applies to

Affidavit

The heirship affidavit must identify any unknown heirs or addresses and specifically state the diligent efforts made to ascertain them.

(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.

CRITICAL

Applies to

Affidavit

The heirship affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.

(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."

CRITICAL

Applies to

Affidavit

The heirship affidavit must state whether the decedent was ever a party to a civil union or substantially similar legal relationship recognized by another state.

(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Affidavit

Must include

proposed order

When filing the specified heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Order declaring heirship

If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered as appropriate.

(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.

CRITICAL

Applies to

Bond

An individual offered as security on a legal representative’s bond must state their residence address below their signature.

(a) Individuals. When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature,

CRITICAL

Applies to

Affidavit

When requested by the court, an individual offered as bond security must provide a verified affidavit stating that their net assets equal or exceed the bond amount.

and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

CRITICAL

Applies to

Bond

The representative’s bond must be in writing and signed by the representative, whether or not security is excused.

(b) Written Bond. Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Petition

A guardian’s petition to apply estate funds for support, comfort, or education must state the estate’s present value, the ward’s annual income, and the expenditure’s purpose.

11-5 Expenditures from Ward's Estate. A petition of a guardian 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 his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.

CRITICAL

Applies to

Petition

The guardian’s petition must list all payments received by the ward or petitioner for the ward, including the categories specified in the rule.

It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing’s time, date, place, and nature and include the specified statement or a substantially similar one.

(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: "If the account is approved by the judge upon 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

Petition

A verified settlement petition executed by the legal representative must include the specified case, party, insurance, injury, expense, and medical-report information.

(a) Contents of Petition. To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent's estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Petition

The settlement petition must state the offer’s terms and include the petitioner’s attorney’s opinion on fairness and recommendation on approval.

(5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.

CRITICAL

Applies to

Order approving settlement

A settlement approval order must provide for distribution and for recipients’ signed vouchers to be filed by a court-prescribed time, accounting for the total settlement sum.

(d) Order Approving Settlement. The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Voucher

The financial institution’s voucher must acknowledge receipt of the funds and settlement order and include the required no-withdrawals language.

(e) Vouchers. The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: "No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}."

CRITICAL

Applies to

Settlement approval order

An order approving a settlement with qualifying annuity payments must restrict payment and withdrawal and require the guardian to file proof of distributions.

(g) Annuity Payments to Minor's Estate. Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to

Petition for citation

Must include

proposed order

A petition for a citation must be submitted with a proposed citation bearing a return date coordinated with the Clerk and a proposed order granting the petition and directing issuance.

(a) Proposed Citation and Order. Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.

WARNING

Applies to

Verified affidavit

At the court's request, an individual surety must furnish a verified affidavit stating that their net assets equal or exceed the bond amount.

and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

WARNING

Applies to

Petition to withdraw

The court may require a petitioner seeking withdrawal to provide evidence that the funds are necessary for the ward's or the ward's dependents' benefit.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.

WARNING

Applies to

Submission email

A submission email’s subject line must include the case number and the last name of at least one party.

The subject line for a submission email shall include the case number and the last name of at least one party;

WARNING

Applies to

Mediator report

If all required Mediator Report information cannot be provided by the due date, the mediator must advise the court how much time is needed for mediation.

(b) In the event that all of the above information cannot be provided on the due date of the Mediator Report, the mediator shall advise the court as to the time necessary for mediation.

WARNING

Applies to

Submission email

A submission email’s subject line must include the case number and at least one party’s last name.

The subject line for a submission email shall include the case number and the last name of at least one party;

WARNING

Applies to

Mediator report

If the mediator cannot provide all required report information by its due date, the mediator must advise the court how much additional time is necessary for mediation.

In the event that all of the above information cannot be provided on the due date of the Mediator Report, the mediator shall advise the court as to the time necessary for mediation.

WARNING

Applies to

Proof of heirship

Proof of heirship must be provided by a person with sufficient knowledge of the facts to determine heirship.

The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.

WARNING

Applies to

Affidavit of heirship

Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

WARNING

Applies to

Bond

An individual surety must state a residence address below the signature and, if the court requests, furnish a verified affidavit of sufficient net assets.

When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

WARNING

Applies to

Petition

The court may require the petitioner to provide evidence that the requested funds are necessary for the ward’s or the ward’s dependents’ benefit.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.

WARNING

Applies to

Exhibits

(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

WARNING

Applies to

Discovery request

A copy of a discovery request must not be filed with the Clerk of the Court.

A copy of the request shall not be filed with the Clerk of the Court.

WARNING

Applies to

Discovery response

Documents supplied in response to a discovery request must not be filed with the Circuit Clerk.

The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.

WARNING

Applies to

Financial affidavit

An affidavit filed for a temporary-relief hearing need not be filed again before the permanent-relief hearing unless its contents have substantially changed.

If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.

WARNING

Applies to

Heirship affidavit

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

(2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;

WARNING

Applies to

Petition to withdraw ward funds

The petitioner may be required to provide evidence that the requested withdrawal or sale or redemption proceeds are necessary for the ward’s or the ward’s dependents’ benefit.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.

WARNING

Applies to

Initial pleadings

The plaintiff must inform the Court of a custody or parental-responsibility dispute with the initial pleadings or as soon as the dispute becomes known.

If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

INFO

Applies to

Affidavit of heirship

The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage.

The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;