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

CRITICAL

Applies to

Exhibits

If exhibits are submitted, include an index stating the page count for 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 state the caption, hearing date and time, identify the motion, and describe 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 certificate

Counsel must file a certification briefly describing discovery requests and establishing service, and may include identical requests to multiple parties 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 certificate

In civil matters, counsel must file a compliance certification with the Clerk that describes the documents filed in relation 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 discovery materials are necessary to determine a motion, copies must be attached as exhibits to the motion 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 qualifying family cases involving a dispute over parental responsibilities 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 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 statement addressing all agreed and contested issues by the earlier of the specified 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 apportionment

If property apportionment is disputed, the parties must submit a proposed-apportionment statement itemizing each claimed marital and non-marital property item and its 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 or maintenance order, relevant signed agreement, applicable obligor order, and parenting-program certificate, subject to the stated court exceptions for the last item.

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

The stated conditions for proceeding without either party appearing in person include presenting all Rule 8-5(a) items, establishing jurisdiction in the Court file, and having a verified petition on file with the specified representations.

(1) All items required by Section 8-5(a) have been presented to the Court; (2) The Court file establishes jurisdiction of the court over all Parties and over the subject matter; and (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

Financial mediation materials

When the parties agree to mediate financial issues, they must submit specified financial materials to the mediator at least five days before mediation.

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

Mediator report

The mediator report must state whether the parties reached an agreement; session number, duration, and attendees; mediation status; fees and any unpaid amount; whether further sessions are recommended; relevant nonprivileged, nonconfidential information; and whether any party lacked legal 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 Rules of the Twenty-Fourth Judicial Circuit 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 supporting termination.

(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

For a handwritten will, the petitioner must file a typewritten copy 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

CRITICAL

Applies to

Petition to probate

The petition to probate a handwritten will must be accompanied by an affidavit from the petitioner or counsel attesting that the typewritten copy is true and correct to the best of their knowledge.

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 written in a language other than English, the petitioner must file a typewritten English copy 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

CRITICAL

Applies to

Petition to probate

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

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 to be the testator’s valid last will, in addition to the 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 either qualifying testimony reduced to writing, certified, and filed with the clerk, or an affidavit under Probate Act Section 5-3.

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 state the decedent’s date and place of death.

The date and place of death of the decedent;

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship must name all children born to 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

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

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 had no spouse or descendants, the affidavit must identify the decedent’s parents, siblings, and descendants of deceased siblings, 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

An affidavit of heirship 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

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 concluding section of an affidavit of heirship 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 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 Probate Act Section 5-3 affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk reflecting 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

Guardian petition to expend ward estate

A guardian's petition to spend a ward's estate must state the estate's present value, the ward's available annual income, and the expenditure's purpose, and list all payments received by or for the ward.

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. 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

Bond

An individual surety on a legal representative's bond must state their residence address below their signature.

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

Representative bond

A representative's bond must be in writing and signed by the representative, 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

Notice of hearing

A notice of hearing on an account intended to be binding 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

Petition

A verified petition must be filed to settle a covered cause of action in which a minor or ward will receive settlement proceeds.

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

CRITICAL

Applies to

Petition

The settlement petition must describe the occurrence, identify the opposing person or entity and any liability insurer and policy limits, and describe the minor’s injuries and expenses with a current physician report or letter stating the injuries and prognosis.

(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

A citation petition presented for filing must include a proposed citation with a return date coordinated with the Clerk and a proposed 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.

CRITICAL

Applies to

Order approving settlement

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

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

Receipt or voucher

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

Depository voucher

The depository voucher must acknowledge receipt of the funds and a copy of the settlement-approval order.

The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement and

CRITICAL

Applies to

Order approving settlement

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

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.

WARNING

Applies to

Submission email

Submission emails must include the case number and at least one party’s last name in the subject line.

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

WARNING

Applies to

Prove up package

Failure to provide the Rule 8-5(a) package before the hearing or to establish jurisdiction may result in the Court not hearing the matter at the requested time.

(b) Failure to provide said package to the Court prior to the hearing as set forth in Rule 8-5(a), or failure to establish jurisdiction of the court over all parties and the subject matter, may result in the Court not hearing the matter at the requested time for hearing.

WARNING

Applies to

Mediator report

If the mediator cannot provide all required report information by the due date, the mediator must advise the court how much 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

Mediator report

The mediator’s report must use the form prescribed by the Chief Judge and state whether the parties reached an agreement.

Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.

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

Surety affidavit

If the court requests it, an individual surety must provide a verified affidavit stating that their net assets equal or exceed the bond amount.

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

Showing for minor beneficiary distribution

For a minor's entirely monetary estate share when no guardian has been appointed, the court may direct deposit and payment under the cited statute upon an under-oath showing that doing so is in the minor's best interests.

If a minor is entitled to a distributive share of a decedent's estate and: (1) The share consists entirely of money, and (2) No guardian has been appointed for his estate, the Court, upon a showing under oath that it is in the best interests of the minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Illinois Probate Act.