15th Judicial Circuit Court, Stephenson County, Illinois Document Filing Requirements

CRITICAL

Applies to

Mediation summary

Each party must give the mediator a brief written case summary listing each party’s issues at least 10 days before the conference, or as otherwise required by the mediator.

At least 10 days before the conference or as otherwise required by the mediator, each party shall present to the mediator a brief written summary of the case containing a list of issues as to each party.

CRITICAL

Applies to

Pro se appearance

A non-e-filed SRL appearance must be notarized, and an appearance waiving notice or consenting to immediate hearing must acknowledge receipt of and attach the relevant pleading.

If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law. If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of any pleading seeking relief with respect to him or her and attach a copy of that pleading to the appearance.

CRITICAL

Applies to

Inventory

Real-estate inventory descriptions must include the property’s legal description and any address; beneficial interests also require trustee and identifying information.

Descriptions of real estate shall include the legal description and address, if any, of the property. If a beneficial interest in real estate is an asset of the estate, the name and address of the trustee and other identifying information shall be stated.

CRITICAL

Applies to

Pretrial documents

At least 10 days before a final pretrial conference, each attorney and SRL must file and serve required pretrial materials, including the listed documents unless the Court orders otherwise.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference. Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Discovery document

Discovery materials generally must not be filed, except requests to admit and responses; relevant portions must be attached and filed with a request for relief concerning discovery.

Pursuant to S. Ct. R. 201(m), and unless otherwise ordered by the Court, depositions, interrogatories, requests to produce or inspect, answers, responses, and other similar discovery documents shall not be filed with the Clerk. This Rule does not apply to requests to admit facts or the genuineness of documents or the answers or responses to those requests. However, if relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response, copies of the portion of the deposition, interrogatory, request, answer, or response shall be attached to the request for relief as an exhibit and filed with the Clerk.

CRITICAL

Applies to

Petition for issuance of commission

A petition for a commission to depose a witness to a will or codicil must state the witness’s name and address, why the witness cannot attend court, and the name and address of the officer to whom the commission is directed.

A person seeking admission of a will or codicil to probate and desiring to take the deposition of a witness to a will or codicil as provided in section 6-5 of the Act shall file a petition for issuance of a commission stating the name and address of the witness, the reason the witness is unable to attend court, and the name and address of the officer to whom the commission is directed.

CRITICAL

Applies to

Electronic document

Each E-document must identify the filer by typed name, email, mailing address, and phone number; attorneys must also include their ARDC number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer. Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Settlement voucher

Settlement funds received for a minor or ward must be deposited in an approved federally insured account and not withdrawn without Court approval; the bank voucher must contain the required acknowledgment and restriction.

When settlement funds are to be received by a parent or legal representative on behalf of a minor child or ward, the parent or legal representative must deposit the funds in a federally insured account in a financial institution approved by the Court for the benefit of the minor or ward and shall not withdraw any of the funds without approval by the Court. The Court shall continue the case to a specific date for the purpose of receiving a voucher from the financial institution. The voucher must acknowledge receipt of the funds and a copy of the Court’s order approving the settlement and shall include the express language that “No withdrawals shall be made from this account unless authorized by order of Court.”

CRITICAL

Applies to

Electronically filed document containing original signature

Unless the Court orders otherwise, filers must preserve electronically filed documents containing original signatures until one year after the judgment or dismissal order becomes final; the sentence continues beyond this excerpt.

Unless otherwise ordered by the Court, the Filer shall maintain and preserve all documents containing original signatures that are filed electronically until one year after the date that any judgment or dismissal order has become final and

CRITICAL

Applies to

Affidavit

If the attorney representing the attorney-in-fact is not the estate’s attorney, that attorney must file an affidavit promising to supervise the distribution of funds.

If the attorney representing the attorney-in-fact is not the attorney for the estate, he or she shall file an affidavit stating he or she will properly supervise the distribution of funds held by the attorney-in-fact.

CRITICAL

Applies to

Electronic document

Unless the specified attorney and supervised non-attorney signature alternatives apply, every person whose signature is required must sign the e-document.

Except as set forth in Rules 2.8(a) and 2.8(b), E- documents requiring a signature or signatures shall be signed by each person whose signature is required.

CRITICAL

Applies to

Proof of service or answering discovery

Must include

certificate of service

Proof of serving or answering discovery must be filed with the Clerk and identify the discovery document, case title and number, service date, and sending and receiving parties.

Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

Applies to

Bond

Unless the Court waives the requirement, the foreign representative, attorney-in-fact, or assignee must furnish a surety bond in the amount and form acceptable to the Court, conditioned on payment and delivery of the share to the distributee.

Unless waived by the Court, the foreign representative, attorney-in- fact, or assignee shall furnish a bond with surety in an amount set and in a form acceptable to the Court and conditioned on the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Report of compliance

The report of compliance must include the distributee’s receipt evidencing payment and delivery of the distributive share.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Applies to

Receipt

The foreign representative, attorney-in-fact, or assignee must acknowledge in writing receipt of the distributive share received from the representative.

The foreign representative, attorney-in-fact, or assignee shall acknowledge receipt in writing of the distributive share received from the representative

CRITICAL

Applies to

Assignment of interest or power of attorney

Each assignment of interest or power of attorney concerning a distributee’s interest in a decedent’s estate must be presented to the Court for filing and approval.

Each assignment of interest or power of attorney with respect to a distributee’s interest in a decedent’s estate shall be presented to the Court for filing and approval.

CRITICAL

Applies to

Written order

The Court may require a written order after a ruling, and the directed attorney or SRL must submit it within 30 days or another time set by the Court.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court.

CRITICAL

Applies to

Motion to seal or impound

A motion to seal or impound must state its basis and the proposed duration of the sealing.

The motion must explain the basis for sealing or impounding the file, record, or document and specify the proposed duration of the sealing

CRITICAL

Applies to

Discovery receipt

Unless disclosure is disputed, all parties must file the discovery receipt or acknowledgment at trial or other disposition.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

Written appearance

If an SRL does not e-file the appearance, the SRL must sign it and have the signature acknowledged before a notary or other person authorized to administer oaths under Illinois law.

If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.

CRITICAL

Applies to

Hearing notice

The hearing notice must state the hearing’s time, date, and place and include the specified arrest-warning language.

A notice of the hearing on a rule to show cause shall include, in addition to the time, date, and place of hearing, the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Attorney affidavit

If counsel for the attorney-in-fact is not estate counsel, that attorney must file an affidavit promising proper supervision of the distribution.

If the attorney representing the attorney-in-fact is not the attorney for the estate, he or she shall file an affidavit stating he or she will properly supervise the distribution of funds held by the attorney-in-fact.

CRITICAL

Applies to

Mediated agreement approval

The Court must be advised that a party is self-represented when the mediated agreement is presented for approval.

If a party is an SRL, the Court must be so advised when the mediated agreement is presented for approval.

CRITICAL

Applies to

Transcript

Transcripts generated from electronic recording systems must comply with applicable authority, rules, and regulations and be certified.

Transcripts generated from the electronic recording systems shall be prepared in accordance with applicable statutory authority, rule, and regulation and shall be certified.

CRITICAL

Applies to

Guardian report

A guardian’s report must disclose the ward’s physical location and condition and the ward’s school attendance or occupation.

A report of a guardian or a guardian to collect shall disclose the physical location of the ward, the ward’s physical and mental condition, and the ward’s attendance in school or occupation.

CRITICAL

Applies to

Pretrial documents

Unless otherwise ordered, parties must file and serve the listed pretrial documents at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference. Unless otherwise ordered, the pretrial documents shall include the following: (1) exhibit lists; (2) voir dire questions; (3) jury instructions; (4) special interrogatories; (5) trial memoranda; (6) statements of the case setting forth the time and place of the alleged occurrence, a brief description the occurrence, the names of the parties and their attorneys, and a list of witnesses the parties expect to call; (7) motions in limine (to be heard at the final pretrial conference); and (8) evidence deposition transcripts and objections.

CRITICAL

Applies to

Post judgment hearing notice

Covered hearing notices must include the specified arrest-warning language in bold type or underlined.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing during which a warrant of arrest may issue for a party’s failure to appear after receipt of notice shall, in addition to the time, date, and place of hearing, include the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

Applies to

Mediation notice

Within 28 days after the referral order is entered, the mediator must notify the parties in writing of the mediation conference’s time, date, and place.

Within 28 days after the entry of the order of referral, the mediator shall notify the parties in writing of the time, date, and place of the mediation conference.

CRITICAL

Applies to

Disclosure

Each disclosure must be in writing and accompanied by the party’s affidavit confirming its completeness and correctness and the party’s reasonable compliance efforts.

Each disclosure shall be made in writing, accompanied by the affidavit of the party that the disclosure is complete and correct as of its date and that all reasonable attempts to comply with this Rule have been made.

CRITICAL

Applies to

Mediator report

The mediator must file a report with the Clerk stating whether an agreement was reached, in whole or in part.

Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

Applies to

Guardian investment petition

A guardian’s investment petition must identify the statutory investment category and certify compliance with its limits, and disclose specified transactions involving the guardian or the guardian’s firm.

A petition of a guardian to invest the ward’s property shall identify the category of the proposed investment pursuant to section 21-2 of the Act and certify that the proposed investment complies with the limitations applicable in that category. If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm of which he or she is an officer or director, the petition shall so state.

CRITICAL

Applies to

Pleading

Must include

caption

Each pleading must identify the circuit, county, and parties.

Each pleading shall set out the name of the circuit and county and the designation of the parties.

CRITICAL

Applies to

Financial affidavit

In actions involving the listed disputes, each party must file a financial affidavit, but a new affidavit is not required before the permanent-relief hearing if one was filed before the temporary-relief hearing and circumstances have not substantially changed.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court. The financial affidavit form shall comply with the standardized, statewide form available at the Illinois Supreme Court website. If a financial affidavit has been filed before a hearing on temporary relief, an additional financial affidavit need not be filed before the hearing for permanent relief if there has been no substantial change at the time of the final hearing.

CRITICAL

Applies to

Petition to withdraw funds

A petition to withdraw funds must be written and state the account balance at presentation and annual income available to the minor or ward; the provided text cuts off before the remaining required information.

A petition to withdraw funds held for the benefit of a minor or ward shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual income available to the minor or ward, the

CRITICAL

Applies to

Inventory

Descriptions of notes owed to the decedent or ward must include the specified amount, date, maturity, interest, and endorsement information and, if secured, a description of the security.

A description of a note owed to the decedent or ward shall include the face amount and unpaid balance, date of the note, date of maturity, name of the matter, interest dates, rate of interest, date to which interest is paid, endorsements, and, if secured, a description of the security.

CRITICAL

Applies to

Fee waiver application

A civil fee-waiver application must be written on the approved form, appropriately signed, and e-filed unless the Court excuses e-filing.

An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.

CRITICAL

Applies to

Minor settlement petition

A minor’s or ward’s settlement petition must be verified and include specified occurrence, defendant, insurance, injury and expense, fairness, and fee information; medical certification is needed only if the Court requests it.

To settle a cause of action for personal injuries and/or property damage sustained by a minor or ward or any other action in which a minor or ward will receive any or all the settlement proceeds, the legal representative of the minor, ward, or decedent’s estate shall execute and file a verified petition setting forth: (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 applicable liability insurance policy; (4) A brief description of the injuries sustained by the minor or ward and a list of hospital and medical expenses incurred on behalf of the minor or ward as a result of the occurrence. The petition need not be supported by a current medical certificate or letter executed by the attending physician unless the Court requests this support; (5) A statement by the petitioner or the attorney for the petitioner as to the fairness of the proposed settlement and the basis for the petitioner’s or attorney’s recommendation that the proposed settlement be approved; and (6) The amount of attorney’s fees and costs, if any, that would be paid from the proceeds of the proposed settlement and the bases for these amounts.

CRITICAL

Applies to

Motion

A person seeking permission to appear remotely must file, schedule, and serve a written motion unless a standing order or case-specific exception applies.

Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Applies to

Discovery receipt or acknowledgment

Unless a dispute concerns the extent of disclosure, all parties must file the receipt or acknowledgment showing compliance with the discovery order at trial or other disposition.

Unless a dispute arises concerning the extent of disclosure, all parties at the time of trial or other disposition of the case shall file the receipt or acknowledgment showing compliance with the Court’s order on discovery.

CRITICAL

Applies to

Probate proceeding

A Probate Act proceeding is required for distributions over $10,000, to a child under 14, or under a structured settlement, unless the Court waives the requirement for good cause.

If the amount distributable to a minor or ward exceeds $10,000, or the minor or ward is younger than 14 years of age, or the distribution to the minor or ward is to be made pursuant to a structured settlement, a proceeding shall be initiated pursuant to the Probate Act. This provision may be waived by the Court for good cause.

CRITICAL

Applies to

Subpoena

A subpoena seeking documents must bear the prescribed legend on its face or have it conspicuously attached, including instructions for compliance by mail, written certification, and when documents may be mailed.

Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Petition for leave to receive distributive share

The foreign representative, attorney-in-fact, or assignee must present a petition for leave to receive the share in a form acceptable to the Court.

The foreign representative, attorney-in-fact, or assignee shall present a petition for leave to receive the share in a form acceptable to the Court.

CRITICAL

Applies to

Subpoena

A document subpoena must include the prescribed legend, including the mail-compliance certification and the restriction on mailing documents more than two business days early.

Any subpoena seeking documents shall bear the following legend on the face of the subpoena or conspicuously attached to the subpoena: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL REQUESTED DOCUMENTS TO THE PARTY OR ATTORNEY WHOSE ADDRESS APPEARS BELOW. IF YOU WISH TO COMPLY WITH THIS SUBPOENA BY MAIL, YOU ALSO MUST CERTIFY IN WRITING THAT THE DOCUMENTS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY THE SUBPOENA. THIS CERTIFICATION CAN BE PROVIDED IN LETTER FORM. DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Applies to

Parenting education proof

When the parties have a minor child, each parent must attend an approved parenting education program and provide proof before a prove-up or final order, subject to the stated waiver and prior-attendance exceptions.

In all cases in which the parties have a minor child, each parent must attend an approved parenting education program and provide proof of completion before any prove-up or final order in the action. The Court may waive this requirement for good cause. A party who has previously attended an approved program need not attend again if he or she is able to provide a copy of the certificate of attendance.

CRITICAL

Applies to

Written appearance

An attorney’s written appearance must include the attorney’s legible contact information and identify the responsible attorney or attorneys when filed by a law firm.

Every written appearance must contain the attorney’s legible name, address, telephone number, and e-mail address. If the appearance is filed by a law firm, the appearance shall indicate the specific attorney or attorneys responsible for the case.

CRITICAL

Applies to

Notice after hearing

After a motion is heard without prior notice, the attorney or SRL who obtained the order must serve written notice with the action title and number, judge, hearing date, and ruling on the specified parties.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing.

CRITICAL

Applies to

Objection

An objection must state specific reasons for opposing extended media coverage of the witness’s testimony.

3. I object to extended media coverage of my testimony for the following reasons (please be specific):

CRITICAL

Applies to

Mediation program statistical information

Mediators must provide the Court with statistical information as required by the Illinois Supreme Court.

Mediators shall provide statistical information to the Court, as required by the Illinois Supreme Court, to assist in measuring and monitoring the performance of the mediation program.

CRITICAL

Applies to

Petition to probate non english will or codicil

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

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

CRITICAL

Applies to

Notice of hearing

A motion-hearing notice must state the action’s title and number, the expected judge, and when the motion will be presented.

In the notice, the party shall provide the title and number of the action, the name of the judge expected to hear the motion, and the time and date when the motion will be presented.