7th Judicial Circuit Court, Scott County, Illinois Document Filing Requirements

CRITICAL

Applies to

Final pretrial memorandum

Before trial, the parties must present a final pre-trial memorandum with the listed minimum information, including a list of potential trial exhibits.

Prior to the commencement of trial, the parties shall present to the court a final pre-trial memorandum, which includes, at a minimum, the following, in a form that substantially complies with Appendix B1 (with children) and Appendix B2 (without children). a. The name, address, date of birth and current employment of each party; b. The name, date of birth and school and/or child care facility for each child; c. Agreements between the parties; d. The issues presented to the court by each party; e. Any stipulations agreed to by the parties; f. A list of potential witnesses; g. A list of potential trial exhibits; h. A list of assets, including the proposed value to be assigned to each asset; i. A list of household goods and related personal property at issue, including the proposed value to be assigned to the property; j. A list of debts, both as to current balance and minimum monthly payment; k. A list of property and debts that are claimed to be non-marital and a brief statement of the basis for the claim; l. Proposed resolution regarding parental responsibility allocation and parenting time; m. Proposed calculations of net income, child support and/or maintenance; n. An itemized proposed distribution of property and debts; o. Attorneys fees and costs of litigation;

CRITICAL

Applies to

Mediation order

In the specified proceedings, the court must enter a Mediation Order when parental responsibility or parenting time becomes at issue, unless the court determines an impediment to mediation exists and excuses mediation.

Pursuant to Supreme Court Rule 905(a), in all proceedings initiated under Article II, III or IV of the Juvenile Court Act of 1987, the Uniform Child Custody Jurisdiction and Enforcement Act, the Illinois Domestic Violence Act of 1986 and Article 112A of the Code of Criminal Procedure of 1963, the guardianship matters involving a minor under Article XI of the Probate Act of 1975, where parental responsibility allocation and/or parenting time of a minor child or children become at issue or on the court’s own motion, the court shall enter a Mediation Order unless excused if the court determines an impediment to mediation exists.

CRITICAL

Applies to

Change of date notice

Every change-of-date notice must state whether the appearance is in person or remotely on Zoom and include the appropriate Notice of Rights.

In every change of date notice, the Circuit Clerk shall provide notice of whether the appearance is in-person or remotely on Zoom along with the appropriate Notice of Rights.

CRITICAL

Applies to

Dissolution with children

Using the Clerk’s form does not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 5/101 et seq.

The use of the form made available by the Clerk shall not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 5/101 et seq.

CRITICAL

Applies to

Continuing education completion evidence

Approved mediators must complete 10 hours of circuit-approved continuing education every two years, including two hours on domestic violence, and provide evidence of completion to the Chief/Presiding Judge every two years.

e. Continuing Education: Approved mediators are required to complete ten (10) hours of circuit-approved continuing education every two (2) years of which two (2) hours must cover domestic violence issues and provide evidence of completion to the Chief/Presiding Judge every two (2) years.

CRITICAL

Applies to

Mediation engagement agreement

Before mediation begins, the mediator and parties must execute a written engagement agreement addressing compensation, the anticipated scope and duration of mediation, and the mediator’s responsibilities for drafting a memorandum of understanding if mediation succeeds.

Prior to the commencement of mediation, the mediator and the parties shall execute a written engagement agreement which shall include, at a minimum, the terms of compensation for the mediator; the anticipated scope of the mediation; the anticipated duration of the mediation; and the scope of the mediator’s responsibilities to draft a memorandum of understanding if mediation is successful.

CRITICAL

Applies to

Exhibit release order

Any exhibit may be released at any other time by order of the judge presiding at the trial after due notice to all interested parties and hearing.

Any exhibit may be released at any other time by order of the judge presiding at the trial after due notice to all interested parties and hearing.

CRITICAL

Applies to

Certificate of compliance

After compliance with the court's order, the Clerk must sign and file a Certificate of Compliance substantially in the form of Appendix 2.

Upon compliance with the court's order, the Clerk shall sign and file in the cause a Certificate of Compliance in substantially the same form as Appendix 2 of this Administrative Order.

CRITICAL

Applies to

Family mediation referral form

A family mediation referral form must be sent to the mediator within 3 days after the Order for Mediation is entered.

A family mediation referral form shall be sent to the mediator in all cases within 3 days of the entry of the Order for Mediation.

CRITICALCivil cases

Applies to

Guardian ad litem report

A guardian ad litem must tender a written report to the court if ordered to do so.

If appointed as such, the Guardian ad Litem shall tender a written report to the Court, if so ordered.

CRITICAL

Applies to

Contraband destruction order

Contraband exhibits may be destroyed only by order of the trial judge or, if that judge is unavailable, the Presiding Judge of the County.

Contraband items, including but not limited to, weapons used in the commission of a crime and illegal drugs shall be destroyed by order of the Judge presiding at trial, or if the judge is unavailable, by the Presiding Judge of the County.

CRITICAL

Applies to

Dissolution case

Parties who reach an agreement must complete the Certification Agreement.

If the parties reach an agreement, they must complete the Certification Agreement.

CRITICALCriminal cases

Applies to

Judgment sentence to idoc order

The attached IDOC judgment-and-sentence order must be entered in cases where a defendant is sentenced to IDOC confinement for a specified term.

IT IS HEREBY ORDERED, that the attached Judgment – Sentence to the Illinois Department of Corrections orders shall be entered in all cases that involve a defendant who has been sentenced to confinement in the Illinois Department of Corrections for the term of years and months specified for each offense.

CRITICAL

Applies to

Notice of motion

A notice of motion must state whether the appearance is in person or over Zoom; if it is for Zoom, it must include the specified wording and available meeting information.

Notices of motions shall contain language indicating whether the appearance is in-person or over Zoom pursuant to the court's standing orders or adopted remote hearing instructions. If noticed for Zoom, the notice shall contain language "Parties shall attend the presentment of this motion remotely on Zoom" and shall provide the Meeting ID, Password, call in information or link to the meeting, if the Zoom link information is known.

CRITICAL

Applies to

Petition for dissolution with children

The form petition for dissolution with children must comply with 750 ILCS 5/403.

The contents of the form Petition for Dissolution of Marriage/Civil Union-with Children shall comply with the provisions of 750 ILCS 5/403.

CRITICAL

Applies to

Notice of hearing

Must include

caption, judge name, case number

The notice of hearing shall designate the motion judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

The notice of hearing shall designate the motion judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.

CRITICAL

Applies to

Parentage case

Using the Clerk’s parentage form does not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 45/1 et seq.

The use of the form made available by the Clerk shall not excuse an individual from filing pleadings and proceeding in conformity with 750 ILCS 45/1 et seq.

CRITICAL

Applies to

Appeal

Any appeal of a denial or removal from the court-approved list must be in writing.

An applicant denied inclusion on or removed from the court-approved list may appeal the decision in writing within ten (10) days to the Chief Judge or his/her designee.

CRITICAL

Applies to

Initial pleading

In the stated venue circumstances, petitioner’s counsel must file a motion with the initial pleading seeking waiver of venue, and the motion must be heard and ruled on before any other issue.

In any case brought pursuant to the Illinois Marriage and Dissolution of Marriage Act where neither petitioner nor respondent resides in the county; where the initial pleading is filed, counsel for the petitioner shall file with said pleading a written motion, which shall be set for hearing and ruled upon before any other issue is taken up, advising that the forum selected is not one of proper venue and seeking an appropriate order from the court allowing a waiver of the venue requirements of the Marriage and Dissolution of Marriage Act, 750 ILCS 5/104.

CRITICAL

Applies to

Uniform order of support

Judges must enter a fully completed Uniform Order of Support whenever a child support or spousal obligation is created or modified.

Judges of this Circuit shall enter a fully completed Uniform Order of Support, in each case in which a child support or spousal obligation is created or modified, and

CRITICAL

Applies to

Notice

When applicable, the Notice must include the individual judge’s instructions or expectations for remote hearings.

- e. when applicable, the individual judge's set of instructions/expectations for remote hearings must be attached to the Notice.

CRITICAL

Applies to

Remote hearing request

Must include

proposed order

To seek consideration of a remote hearing for an otherwise ineligible case, all parties must agree and present a proposed Agreed Order.

The Court may consider allowing an otherwise presumed ineligible case to proceed to a remote hearing if all parties agree and present the Court with a proposed Agreed Order.

CRITICAL

Applies to

Mediation referral form

The moving party’s attorney must complete and forward the Mediation Referral form to the selected mediator, or the Judge must do so when both parties are self-represented.

The moving party’s attorney, or Judge when both parties are self-represented, shall be responsible for completion of the Mediation Referral form (Appendix D) and for forwarding that form to the mediator(s) selected.

CRITICAL

Applies to

Discovery compliance certification

Counsel must file a certification of discovery compliance describing the documents provided in relation to the request, but must not file the documents supplied in response.

Proof of compliance with requests for discovery in all family matters (including interrogatories and requests for production) shall be made by filing with the Circuit Clerk the certification of counsel showing that compliance has been accomplished. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in the response to discovery requests shall not be filed with the clerk of the circuit court.

CRITICAL

Applies to

Petition to establish parentage

The form petition to establish parentage must comply with 750 ILCS 45/1 et seq.

The contents of the form petition shall comply with the provisions of 750 ILCS 45/1 et seq.

CRITICAL

Applies to

Notice

If no appeal is filed, the Clerk must send notice 60 days after final judgment that exhibits will be released to the offering party and must be claimed within 30 days or an order disposing of them will be signed.

Sixty (60) days after entry of final judgment, if no appeal has been filed, the Clerk of the Court shall send notice to all attorneys of record or to the party pro se stating that all exhibits received into evidence shall be released to the party offering said exhibits. The notice shall advise the attorneys or parties that if the exhibits are not claimed within 30 days of the Clerk's notice, an order disposing of all exhibits shall be signed by the trial judge or, if unavailable, the Presiding Judge of the County.

CRITICAL

Applies to

Mediation resolution summary

The proposed resolution of the mediated issues will be documented in a written summary.

The proposed resolution of the mediated issues will be documented in a written summary.

CRITICAL

Applies to

Hearing notice

If an order allowing remote appearances has been entered, the hearing notice must include that order as an attachment.

if an Order has been entered allowing the parties to appear remotely, then said Order shall also be attached to the Notice;

CRITICAL

Applies to

Action that may result in child support

A party filing an action that may result in child support must file a Clerk-provided child support data sheet with the Clerk at the time of filing.

At the time of the filing of any action that may result in the payment of child support, the party filing the action is required to file a child support data sheet with the Clerk, in a form as provided by the Clerk.

CRITICAL

Applies to

Hearing notice

A remote-hearing notice must state the hearing’s date, time, and subject matter, that it will be remote, the platform login information, and technical-difficulty contact information.

In addition to the date, time, and subject matter of the hearing, said Notice shall also specify: - a. that the hearing is to be conducted remotely; - b. the specific zoom/platform log-in information (ID and passcode); - c. contact information, including e-mails and telephone numbers, should the other participants have technical difficulties;

CRITICAL

Applies to

Attorney appointment application

Attorneys seeking appointment in parental responsibility allocation and parenting time shall apply in writing to the Presiding Judge of each county or, for Sangamon County, Chief of the Family Division. The applicant should set forth his/her qualifications as set forth above.

Attorneys seeking appointment in parental responsibility allocation and parenting time shall apply in writing to the Presiding Judge of each county or, for Sangamon County, Chief of the Family Division. The applicant should set forth his/her qualifications as set forth above.

CRITICAL

Applies to

Notice

If the Court agrees to hear the matter remotely, the remote-hearing notice must follow the procedure in subparagraph B.

If the Court agrees to hear the matter remotely, notice of the remote hearing shall be provided as set forth in subparagraph B above.

CRITICAL

Applies to

Mediation referral form

The mediation referral form must be completed by counsel for the minor or another party as directed by the court.

A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Mediation Order, and shall be completed by counsel for the minor or such other party as the court directs.

CRITICAL

Applies to

Continuing education verification

To remain on the approved list, attorneys must complete at least ten hours of continuing legal education every two years and submit attendance verification to the designated office at the time of attendance or upon request.

To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least ten (10) hours every two year period and submit verification of attendance to the Office of the Chief Judge, or, for Sangamon County, the Chief of the Family Division at the time of attendance or upon request.

CRITICAL

Applies to

Mediation information

After an order for mediation, the parties are to provide the mediator with requested information, including the Mediation Order, case records and pleadings, filed discovery, completed questionnaires with domestic-violence inquiries, settlement conference memoranda, and current contact information.

Upon the issuance of an order for mediation, the parties are to provide to the mediator information requested by the mediator, including but not limited to the following: 1. The Mediation Order; 2. Record sheets and all pleadings in the case; 3. All filed discovery material; 4. Completed pre-mediation questionnaires (containing, among other items, domestic violence-related inquiries); 5. All settlement conference memoranda filed in the case; and 6. Current mailing addresses, telephone and FAX numbers for the parties and counsel in the case.

CRITICALCivil cases

Applies to

Written appeal

A removed guardian ad litem, child representative, or attorney for children may appeal the decision in writing to the Chief Judge.

A removed guardian ad litem, child representative, or attorney for children may appeal the decision in writing within ten (10) days to the Chief Judge who shall decide the appeal after allowing the individual an opportunity to be heard.

CRITICAL

Applies to

Mediated agreement

When participants have not obtained independent counsel, the court must be advised when the mediated agreement is presented for approval.

If independent legal counsel is not obtained the court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Motion to vacate provisional order

A mediating party seeking to have a provisional order vacated must file a motion and affidavit asserting facts supporting one of the stated grounds.

provided, however, that the mediating judge may, in his or her discretion, vacate a provisional order or any portion thereof, and resume judicial mediation for such period as said judge determines, upon the basis of motion and affidavit filed by a mediating party within 21 days after the Clerk’s transmittal of such provisional order and asserting evidentiary facts indicating that (1) the affiant misunderstood substantial practical or legal implications of the agreement forming the basis of such order or (2) there exists as to the agreement underlying the provisional order grounds recognized under Illinois law for rescission of a contract.

CRITICAL

Applies to

Order disposing exhibits

An order disposing of unclaimed exhibits must be in substantially the same form as Appendix 1.

The Order shall be in substantially the same form as Appendix 1 of this Administrative Order.

CRITICAL

Applies to

Mediated agreement

The written summary forms the basis of the formal mediated agreement, which is presented to the court for approval.

This summary will form the basis of the formal mediated agreement, presented to the court for approval.

CRITICAL

Applies to

Order for mediation

In the described contested family cases, the court must enter an Order for Mediation before setting a contested hearing, except when good cause is shown.

In any matrimonial and family case involving contested issues of parental responsibility allocation, parenting time, either temporary or permanent, and in the absence of an agreement on parental responsibility allocation or a parenting plan, the court shall enter an Order for Mediation prior to the setting of any contested hearing, except for good cause shown.

CRITICAL

Applies to

Objection to extended media coverage

A party must file a written objection stating its reasons at least three days before the proceeding begins.

A party objecting to expanded media coverage shall file a written objection, stating the reasons, at least three (3) days before commencement of the proceeding.

CRITICAL

Applies to

Mediation cost application

Each application for a determination of ability to contribute to mediation costs must include a financial affidavit consistent with the affidavit form in section 3.

Each application shall be accompanied by a financial affidavit, in a form consistent with the financial affidavit set forth in section 3 hereinabove.

CRITICAL

Applies to

Initial case management order

At the end of the initial case management conference, the parties must submit a completed order that includes at least the listed case-management information.

At the conclusion of the initial case management conference, the parties shall submit to the court a completed initial case management order in a form consistent with Appendix A to these rules, which shall provide, at a minimum, the following: a. The status of the parties; b. Parenting class compliance; c. The temporary residential status of the children of the parties; d. Any temporary agreements with regard to child support; e. Whether parental responsibility allocation or parenting time is at issue; f. Mediation; g. Discovery issues; h. A date and time for the next case management conference.

CRITICAL

Applies to

Objection to extended media coverage

An objection must describe the specific facts and circumstances supporting the allegation that extended media coverage would materially interfere with the parties’ right to a fair trial.

The specific facts and circumstances in support of the allegation are described as follows:

CRITICAL

Applies to

Remote hearing invitation

A party intending to call a non-party witness must provide that witness with the remote-hearing invitation.

Non-party witness: If a party intends to call a non-party witness during a remote hearing, that party shall be responsible for providing the invitation to the remote hearing to the witness.

CRITICAL

Applies to

Notice

When an opposing party has not appeared or the notifying party lacks that party’s contact information, the Notice must explain the in-person option and how to request remote participation.

If an opposing party has not appeared and/or the party providing Notice does not have an opposing party's e-mail address or telephone number, the Notice shall also inform the opposing party that the party may participate in the hearing personally at the designated time and place, and alternatively, that if the party prefers to participate in the hearing remotely, the party should inform the Clerk of the Court at least three (3) full business day before the hearing of the party's desire to participate remotely and provide the Clerk the party's e-mail address or, if none, a telephone number.

CRITICAL

Applies to

Petition for leave to sue or defend as a poor person

An inmate seeking leave to sue or defend as a poor person must submit a trust-fund ledger with the petition showing all deposits and withdrawals for the preceding six months.

In all family cases in this circuit in which leave is sought by an inmate of a correctional institution to sue or defend as a poor person, the petition for leave to sue or defend as a poor person shall be accompanied by a copy of the inmate's trust fund ledger indicating all deposits and withdrawals made to the inmate's trust fund account for the six months immediately preceding the submission of the petition.

CRITICAL

Applies to

Self represented litigant appearance

A self-represented litigant must file an entry of appearance, which is available through the referenced link.

A self-represented litigant shall file an entry of appearance which may be obtained by clicking the following Entry of Appearance.

CRITICAL

Applies to

Notice of hearing

Must include

caption, judge name, case number

After a motion is heard without prior notice, the party obtaining the order must serve a written notice containing specified case, judge, hearing, and outcome information on parties not in default and file proof of service within two days after the hearing.

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 thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.