Circuit Court of Shelby County, Illinois (4th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Notice of hearing

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

Discovery service certification

Must include

certificate of service

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

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 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

Discovery response documents

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.

CRITICAL

Applies to

Motion

When relevant to deciding a motion, copies of all relevant discovery materials 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

Notice of dismissal

Must include

certificate of service

A copy of the dismissal notice bearing the Clerk’s certificate of mailing must be filed in the record.

A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.

CRITICAL

Applies to

Subpoena

Only completed subpoenas may be submitted to the Circuit Clerk for issuance.

Only completed subpoenas shall be submitted to the Circuit Clerk for issuance.

CRITICAL

Applies to

Subpoena response

A subpoena recipient with possession or control may comply without appearing personally by providing complete, legible copies and a certificate of complete and accurate compliance to the Circuit Clerk by the subpoena’s return date.

The person or entity to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Circuit Clerk together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.

CRITICAL

Applies to

Subpoena

A subpoena seeking specified materials must display the prescribed legend on its face or conspicuously attached, and a copy of the subpoena and notice of service must be mailed first class to appeared parties within 48 hours of issuance.

A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:

CRITICAL

Applies to

Subpoena response

Compliance by mail requires the attached certificate to be signed and returned.

COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED.

CRITICAL

Applies to

Subpoena

Every subpoena issued under this section must be sent with a certification page containing the specified certification language.

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena.

CRITICAL

Applies to

Initial pleadings

If child custody or allocation of parental responsibilities is disputed, the plaintiff must inform the Court when filing 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.

CRITICAL

Applies to

Financial affidavit

The parties must file a Financial Affidavit when a listed issue or related modification is disputed, when applicable law requires it, or when the Court orders it.

The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings 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; (2) As required by applicable law; and (3) As otherwise ordered by the Court.

CRITICAL

Applies to

Financial affidavit

A Financial Affidavit must use the form designated by the Illinois Supreme Court and include the supporting documentary evidence required by 750 ILCS 5/501 for temporary issues.

The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.

CRITICAL

Applies to

Statement of proposed disposition

If any issues are disputed, each party must file a statement addressing all issues by the earlier of the applicable parenting-plan 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 disposition

When custody, visitation, or allocation of parental responsibilities is disputed, the proposed disposition must include a 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 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 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, qualifying signed agreement, applicable obligor order, and applicable parenting-education certificate, subject to the stated waiver or extra-time exception.

It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s 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, if applicable; (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, Declaration or Order; (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 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.

CRITICAL

Applies to

Complaint

If a small-claims claim is based on a written instrument or assignment, a copy must be attached to the original and every copy of the complaint.

If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.

CRITICAL

Applies to

Cost affidavit

Before judgment, a prevailing plaintiff seeking costs other than filing or summons-service fees must file an itemized affidavit stating each cost’s purpose, amount actually expended, and payment date.

A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.

CRITICAL

Applies to

Summons

The Clerk must attach a copy of the small claims rule to each summons.

9-11 Notice of Small Claims Rule: The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.

CRITICAL

Applies to

Remote appearance permission motion

Unless the judge has already required or allowed remote appearance, a person needing approval under Supreme Court Rule 45 must seek permission through a written motion filed, scheduled, and served under Local Rule 5.1.

Unless already required or allowed by the presiding judge or the judge specifically assigned to the case, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) under circumstances that require approval of the judge presiding over the matter under S. Ct. R. 45, must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Mediator report

The Mediator Report must state whether the parties reached an agreement.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date 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;

CRITICAL

Applies to

Mediator report

The mediator must file a signed report within 14 days after mediation terminates, designating the outcome as full, partial, or no 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. The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.

CRITICAL

Applies to

Probate petition

For a handwritten will, the probate petition must include a typewritten copy of the will and an affidavit confirming its accuracy.

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

Probate petition

For a will written in a language other than English, the probate petition must include an English typewritten copy and a qualified translator's certification of accuracy.

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

Probate petition

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 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 open-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 name all children born 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 of heirship

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

(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 of heirship

If the decedent had no spouse or descendants, the affidavit must identify the specified family members 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

Affidavit of heirship

The 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 of heirship

The affidavit must identify any unknown heirs or addresses and 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 of heirship

The 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 of heirship

The affidavit must state whether the decedent was ever a party to a civil union or a substantially similar 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 of heirship

Must include

proposed order

When filing a 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

Bond

An individual surety must state a residence address below the signature and, if the court requests, provide a verified affidavit and written notice agreement concerning specified real estate.

(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 and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.

CRITICAL

Applies to

Representative bond

The representative’s bond must be written and signed by the representative, even when 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

Petition to expend ward estate

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, the proposed expenditure’s purpose, and all payments received by the ward or petitioner in the specified capacities.

13-5 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

Petition to withdraw ward funds

A petition to withdraw specified ward 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

An accounting-hearing notice must state the hearing’s time, date, place, and nature and include the specified binding-effect statement or a substantially similar statement.

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

Settlement petition

A verified petition executed by the minor’s, ward’s, or decedent’s estate’s legal representative must be filed to settle a qualifying action involving a minor or ward.

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:

CRITICAL

Applies to

Settlement petition

The settlement petition must include the occurrence, opposing party, insurance information, injury and medical information, and settlement terms with the attorney’s fairness opinion and recommendation.

(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. (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

An order approving settlement must direct distribution of the funds and filing of recipient-signed vouchers within the time set by the court, accounting for the total settlement sum.

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

Depository voucher

The court must continue the case to a specific date for filing a depository voucher that acknowledges receipt and includes the required no-withdrawal language.

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

Order approving settlement

A court order must require settlement funds received for a minor to be deposited or invested for the minor’s benefit, and the funds cannot be withdrawn or used without court-order approval.

Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act. These funds shall not be withdrawn or used without approval by court order.

CRITICAL

Applies to

Order approving settlement

When annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s estate, restrict their use or transfer 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.

CRITICAL

Applies to

Citation petition

Must include

proposed order

A citation petition presented for filing must be accompanied by 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.

WARNING

Applies to

Pleading or affidavit

Verification of any small-claims pleading or affidavit must comply with 735 ILCS 5/2-605 and Supreme Court Rule 137.

Verification: Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.

WARNING

Applies to

Exhibit submission

An exhibit index must be included when there are exhibits and must state the page count of each exhibit.

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

WARNING

Applies to

Mediation summary

Each party must provide the mediator a written case summary at least 10 days before the conference, with specified information; a party seeking confidentiality should notify the mediator in writing when filing the summary.

At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. The names, addresses and email addresses of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

WARNING

Applies to

Affidavit of heirship

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

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

Amended 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.

WARNING

Applies to

Petition to withdraw ward funds

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

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

Petition for minor beneficiary distribution

When the specified conditions apply, the court may direct a minor’s all-money distributive share to be deposited and paid out under Section 24-21 upon a sworn showing that doing so is in the minor’s best interests.

(b) Minor Beneficiary of Decedent's Estate: 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.

INFO

Applies to

Discovery service certification

Identical discovery requests made to multiple parties may be documented in a single certification.

If identical requests are made of multiple parties, they may be included in one certification.