Circuit Court of Pope County, Illinois (1st Judicial Circuit) Document Filing Requirements

CRITICALCivil cases

Applies to

Proposed order

Attorney-submitted proposed orders must identify the submitting attorney or law firm and provide the specified contact and registration information on the bottom left of the last page.

All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.

CRITICALCivil cases

Applies to

Proposed order

A proposed order under Local Rule 1.12 may be presented only after the Court rules and directs a party to submit it, or after an agreement is read on the record and approved by the Court.

Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.

CRITICAL

Applies to

Written order or judgment

Must include

proposed order

Unless the Court directs otherwise, the attorney or prevailing party must promptly present a draft written order or judgment with proof of service on opposing counsel.

Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.

CRITICAL

Applies to

Summons notice or court order setting court date

Summonses, notices, and court orders setting a date that offers remote appearance must include the Zoom Meeting ID and Password and the courthouse address and courtroom number.

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.

CRITICAL

Applies to

Motion

Pre-trial and post-trial motions must be written, state their factual and legal basis, and include a concise statement citing legal authority the movant wishes the court to consider.

Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing. Each such motion shall specifically set forth its factual and legal basis. Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

CRITICAL

Applies to

Opposition

An answering memorandum must state the reasons for opposition and include citations of relevant authorities.

Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities

CRITICAL

Applies to

Pleading

Must include

certificate of service

The clerk must refuse to file a pleading that is unsigned or is not accompanied by proof of service.

The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.

CRITICAL

Applies to

Motion

Must include

proposed order

Each ex parte or emergency motion and each motion under a stipulation for an agreed order must include a proposed order.

Every such motion shall be accompanied by a proposed order.

CRITICAL

Applies to

Summons

In small-claim cases, the summons’s Notice to Defendants must include the text of Rule 3.1.

In small claim cases, the "Notice to Defendants" required on the summons by Supreme Court Rule 101(b)(1) shall set out the text of Rule 3.1.

CRITICAL

Applies to

Petition

An indirect civil contempt proceeding may begin with a petition for an order to show cause, and the petition must be verified and describe the violated order provision, the violation, and the acts required to purge contempt in particularity.

A proceeding for indirect civil contempt may be initiated by the filing of a petition for order to show cause why the respondent should not be held in contempt. The petition shall be verified and set forth with particularity that portion of the order that is alleged to have been violated, the nature of the violation, and the acts required of the respondent to purge the contempt.

CRITICAL

Applies to

Petition

A petition for an order to show cause for any other alleged indirect civil contempt must be supported by an affidavit meeting Supreme Court Rule 191.

Before an order to show cause may issue for any other claim of alleged indirect civil contempt, the petition must be supported by affidavit meeting the requirements of Supreme Court Rule 191.

CRITICAL

Applies to

Order to show cause

An order to show cause must specify the time and place for the respondent to appear and show cause.

The order to show cause shall set a time and place for the respondent to appear and show cause.

CRITICAL

Applies to

Notice

Before imposing sanctions on a pro se litigant in a child-support nonpayment contempt proceeding, or another case when the court requires it, the court must determine willfulness and provide contempt notice and an opportunity to complete a Chief Judge-approved financial affidavit.

In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.

CRITICAL

Applies to

Judgment

After an adjudication of civil contempt, a written judgment must be promptly prepared and filed specifying the contemptuous conduct, sanctions, and means to purge the contempt.

Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.

CRITICAL

Applies to

Petition

Before approving attorney’s fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition stating the employment terms, services rendered, customary charges, and any relevant special circumstances.

Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.

CRITICAL

Applies to

Certificate

Must include

local rule certificate

Counsel must file a certificate confirming compliance with discovery orders.

Counsel shall file a certificate of compliance with discovery orders.

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 the confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Mediation progress report

Unless mediation has already terminated, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Mediation conclusion report

Promptly after mediation concludes, the mediator must file the Chief Judge’s form report identifying agreed issues or unsuccessful conclusion without stating why the parties could not agree.

Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Mediation final report

If the mediator has the specified welfare, safety, or best-interest concerns, the final report must recommend appointing a child representative or guardian ad litem.

If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.

CRITICAL

Applies to

Attorney appointment application

Attorneys seeking appointment in the specified family matters must apply in writing to the Chief Judge and include all qualifications required by the rule.

Attorneys seeking appointment in child custody, allocation of parental responsibilities, visitation, and parenting time shall apply in writing to the Chief Judge of the circuit. The application shall set forth all qualifications as set forth herein.

CRITICAL

Applies to

Mediation report

The mediator must submit a written, signed report to the court stating whether there was a full, partial, or no agreement.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator and filed in the court file of the case under mediation within fourteen (14) days after the last day of mediation.

CRITICAL

Applies to

Mediation agreement

Any agreement reached must be written and signed by the parties or their agents before mediation ends.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation.

CRITICAL

Applies to

Mediation report

If the parties reach a full agreement, the mediator’s report must state that and identify the individuals designated to complete and submit the documents needed to conclude the agreement.

If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.

CRITICAL

Applies to

Mediation report

If the parties reach a partial agreement, the report must identify resolved and unresolved claims and the individuals designated to complete and submit documents for resolved claims.

If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.

CRITICAL

Applies to

Mediation report

If no agreement is reached, the mediator must report that outcome without comment or recommendation.

If no agreement is reached, the mediator shall so report without comment or recommendation.

CRITICAL

Applies to

Certification for exemption from e filing

The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

CRITICAL

Applies to

Filed document

The clerk’s electronic file mark on a filed document must identify at least the court, clerk, filing date, and filing time.

The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the court, the clerk, the date, and the time of filing.

CRITICAL

Applies to

Pleading

Pleadings in mortgage foreclosure sales must accurately state that the Williamson County Circuit Clerk will conduct the sale.

All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.

CRITICALCivil cases

Applies to

Mediation report

The Program must file a report with the Court stating the outcome after each mediation session.

Upon conclusion of each mediation session through EMC, the Program shall file a report with the Court indicating the outcome.

CRITICALCivil cases

Applies to

Mediation agreement

If the parties reach an agreement, the parties and their counsel must sign it, and the Program must submit it to the Court for approval.

If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Program shall submit to the Court for approval.

CRITICALCivil cases

Applies to

Compliance report

The Program Coordinator must produce required compliance reports, including specified case, resolution, and participant-satisfaction information, for the Eviction Judge or, at the Judge’s request, the Illinois Supreme Court Administrative Office of the Illinois Courts.

Program Coordinator shall produce all reports required in order to maintain compliance with the Illinois Equal Justice Foundation, including reporting to the Eviction Judge, or at the Judge's request to the Illinois Supreme Court, Administrative Office of the Illinois Courts. Information contained within said reports shall include the number of cases submitted to mediation, the type and number of issues resolved through EMC, participant satisfaction rates and survey results.

WARNING

Applies to

Motion

Except for summary judgment motions, a party wishing to present testimony or other evidence where authorized by law should indicate that in the motion or answering memorandum; the matter may then be set for hearing.

Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum. The matter may then be set for hearing.

WARNING

Applies to

Order to show cause

For an order to show cause based on failure to appear in response to a citation to discover assets, no written petition is necessary; a sheriff’s return or other proper proof of service is sufficient.

Where an order to show cause is sought based upon a failure to appear in response to a citation to discover assets, no written petition shall be necessary, but a sheriff's return or other proper proof of service of the citation shall be sufficient to support the issuance of an order to show cause.

WARNING

Applies to

Answer

The respondent may file a written answer no later than three days before the hearing, specifically denying petition allegations and stating any affirmative defenses.

No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.