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

CRITICAL

Applies to

Probate petition

A petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit confirming its accuracy to the affiant’s knowledge.

When seeking to probate a handwritten will and/or codicil, the petitioner shall file a typewritten copy of the will and/or codicil with the petition and an affidavit of the petitioner or other person typing the will and/or codicil that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Foreclosure sale documents

Unless otherwise directed, the foreclosure plaintiff or the plaintiff’s attorney must prepare the listed sale documents and assist the Court and sheriff in conducting the sale.

In all real estate sales in foreclosure, the plaintiff or attorney for the plaintiff, unless otherwise directed, shall prepare the appropriate documents and otherwise aid the Court and sheriff in carrying out the sale, which documents and services shall include (but not be limited to) the following: (1) Preparation of the publication notice for sale and arranging for publication of the notice as required by law; (2) Preparation of the sheriff’s report of sale to be executed by the sheriff as well as the sheriff’s deed or deeds, if needed; (3) Preparation of the certificate of sale in duplicate to be executed by the sheriff; and (4) Preparation of orders approving the report of sale for entry by the Court, as well as a memorandum of judgment when applicable.

CRITICAL

Applies to

Inventory

Stock descriptions in an inventory must state the number of shares, class, exact corporate title, and, when necessary for identification, state of incorporation.

Descriptions of stock shall include the number of shares, class of stock, exact corporate title, and state of incorporation if the state is necessary to identify the stock.

CRITICAL

Applies to

E document requiring signature

Except for the specified attorney and non-attorney signature methods, every person whose signature is required must sign the electronic 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

Motion for default

Must include

proposed order

A plaintiff seeking a judgment or order beyond a default finding must serve the proposed judgment or order with the default motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Applies to

Inventory

A cause-of-action description must identify the defendant or potential defendants and the nature of the claim, and, if suit has been instituted, its title, case number, and court.

A description of a cause of action shall include the name of the defendant(s) or potential defendant(s), its nature, and, if suit has been instituted, the title, case number, and court in which it is pending.

CRITICAL

Applies to

Mediator report

The mediator must report the mediation outcome to the Court without disclosing why no agreement was reached.

The mediator shall report the outcome to the Court. The mediator shall not disclose reasons for the absence of an agreement.

CRITICAL

Applies to

Written appearance

An SRL’s appearance must include the SRL’s legible name, address, telephone number, and e-mail address if required.

Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Written judgment order

When imposing sanctions for direct criminal contempt, the Court must enter a written judgment order stating the factual basis and sanctions.

When imposing sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions.

CRITICAL

Applies to

Foreclosure sale documents

Before a foreclosure sale, the plaintiff or the plaintiff’s attorney must supply the sheriff with a certified sale judgment, a publication certificate, and, when applicable, a certificate showing sale notices were mailed to the parties.

In addition to the services above mentioned, the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff with: (1) A certified copy of the judgment directing sale; (2) A certificate of publication of the notice of sale; and (3) A certificate showing copies of the notices of sale have been mailed to parties to the action, when applicable.

CRITICAL

Applies to

Current or final report

Fees in estates of disabled persons and minors may be allowed only when current or final reports are presented for approval, unless all interested persons are competent and approve another time.

Fees shall be allowed in estates of disabled persons and minors only when current or final reports are presented for approval, unless all interested persons are competent and approve allowance of fees at another time.

CRITICAL

Applies to

Supplemental probate petition

A supplemental probate proceeding requires a petition, civil-case service of process subject to the tort exception, a designated proceeding type and estate case number with a letter suffix, and payment of the fee at filing.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14. The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with suffix “A,” “B,” “C,” etc. The required fee shall be paid when the petition is filed.

CRITICAL

Applies to

Structured settlement

An annuity provider for an approved structured settlement must have a current rating of A or better from the named or a comparable rating service.

When an approved settlement agreement involves a structured settlement, the company providing the annuity must be one that holds a current rating of “A” or better by Best’s Insurance Guide or other comparable rating service.

CRITICAL

Applies to

Electronic document

Must include

case number

E-documents should follow applicable paper-pleading formatting rules when practicable and must state the case title, number, and filing nature.

All E-documents shall, to the extent practicable, be formatted in accordance with the applicable Supreme Court Rules and these Rules governing the formatting of paper pleadings. Additionally, each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Petition for issuance of commission

The petition for a commission must have a copy of the proposed written interrogatories attached.

A copy of the proposed written interrogatories shall be attached to the petition.

CRITICAL

Applies to

Objection

The objection form calls for an allegation that extended media coverage would materially interfere with a fair trial and specific supporting facts and circumstances.

2. There is good cause to believe that the presence of extended media coverage, under the circumstances of the proceeding, would materially interfere with the right of the parties to a fair trial. The specific facts and circumstances in support of the allegation are described as follows:

CRITICAL

Applies to

Motion for default

Must include

proposed order

A plaintiff seeking judgment or an order beyond a default finding must serve the proposed judgment or order with the default motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Applies to

Statement of proposed property apportionment

If marital indebtedness is disputed, the proposed-apportionment statement must list each debt’s creditor, marital or non-marital status, amount, and due date or dates.

If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Hearing notice

An indirect contempt hearing notice must include the prescribed arrest-warrant warning in bold or underlined text.

The notice 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 appearance

An attorney must file a written appearance before addressing the Court, including the required contact information and responsible attorney names if filed by a firm.

An attorney for a party shall file a written appearance, by pleading or otherwise, before the attorney addresses the Court. 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

Guardian petition

A guardian must obtain Court approval by petition before materially changing a covered policy’s terms.

Before making any material change to the terms of any life, endowment, or annuity policy purchased pursuant to section 21-2 of the Act, the guardian shall petition the Court for approval.

CRITICAL

Applies to

Safety deposit box inventory

Representatives and guardians must timely file a sworn inventory of a safety-deposit box’s contents.

All representatives and guardians shall timely file with the Clerk a sworn inventory of a safety deposit box’s contents.

CRITICAL

Applies to

Settlement approval order

If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s or ward’s estate and prohibit use or withdrawal without Court leave.

When annuity payments or income are payable before the beneficiary reaches the age of majority, an order approving the settlement shall provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court

CRITICAL

Applies to

Probate petition

A petition to probate a non-English will or codicil must include an English typewritten copy and a qualified translator’s accuracy certification.

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

Foreclosure sale documents

Before a foreclosure sale, the plaintiff or counsel must give the sheriff a certified sale judgment and specified publication and mailing certificates.

In addition to the services above mentioned, the plaintiff or attorney for the plaintiff shall, before the date of sale, supply the sheriff with: (1) A certified copy of the judgment directing sale; (2) A certificate of publication of the notice of sale; and (3) A certificate showing copies of the notices of sale have been mailed to parties to the action, when applicable.

CRITICAL

Applies to

Petition for fees

A fee petition must include a statement of the estate’s gross value, work and time, requested fee, and expenses for which reimbursement is sought.

A petition for fees shall be accompanied by a statement briefly setting forth the gross value of the estate, a summary of the work completed and to be completed in the future, including time expended, the amount of fee requested, and the expenses advanced for which reimbursement is requested.

CRITICAL

Applies to

Estate tax documentation

A representative must file appropriate estate-tax documentation with the Clerk showing that taxes have been paid or that the estate is not subject to estate taxes before discharge.

The Court shall not discharge a representative unless the representative has filed with the Clerk appropriate documentation that all estate taxes have been paid or that the estate is not subject to estate taxes.

CRITICAL

Applies to

E document

Must include

caption, case number

Each electronic document must include the case title, case number, and nature of the filing.

Additionally, each E-document shall include the case title, case number, and nature of the filing.

CRITICAL

Applies to

Inventory

Each inventory must list, as of the specified date, known real and personal property and any cause of action on which the representative may sue.

Each inventory shall list, as of the date of death of the decedent or the date of appointment of the guardian, the real and personal property that has come to the knowledge of the representative and any cause of action on which the representative has a right to sue.

CRITICAL

Applies to

Pro se appearance

An SRL must file a written appearance before participating in a hearing, including the required contact information.

An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court. Every appearance must contain the SRL’s legible name, address, telephone number, and, if required, e-mail address.

CRITICAL

Applies to

Ward estate expenditure petition

A petition to spend a ward’s estate must state the estate’s present value, available annual income, expenditure purpose, and all specified payments received by the ward or petitioner.

A petition of a guardian or conservator 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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Verified petition

An executor or administrator seeking approval of a qualifying settlement must file a verified petition containing the specified occurrence, party, insurance, injury, settlement-fairness, and fee information.

To settle a cause of action for personal injuries or death or any other action in which a decedent’s estate will receive any or all the settlement proceeds, the executor or administrator 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 decedent and a list of hospital and medical expenses incurred by the decedent as a result of the occurrence; (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

Settlement conference

Unless excused by the Court, settlement-conference attendees must have authority to negotiate meaningfully and bind the party to a settlement.

Unless specifically excused by the Court, the attendance of parties with the ability to meaningfully negotiate toward a settlement agreement on behalf of a party and, if successful, to bind that party to an enforceable settlement agreement is required.

CRITICAL

Applies to

Petition for approval

The petition for approval must be verified and provide the specified information about the assignment or power of attorney, including applicable fees and expenses.

The petition for approval shall be verified and, in the case of an assignment, state the names and addresses of the assignor and assignee, the nature and value of the interest involved, the consideration paid to or to be paid to the assignor, and the fees and expenses charged or to be charged, and, in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney-in-fact and his agents and representatives.

CRITICAL

Applies to

Ward expenditure petition

An expenditure petition must state the estate’s present value, the ward’s available annual income, the expenditure’s purpose, and all listed sources of payments received by the ward or petitioner.

A petition of a guardian or conservator 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 the ward’s estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. The petition shall further list all payments being received by the ward or the petitioner either individually or as guardian or conservator on behalf of the ward, including Social Security payments, disability benefit payments from the Veteran’s Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Property apportionment statement

When property apportionment is disputed, parties must submit a detailed proposed-apportionment statement at least five days before hearing, including specified property, valuation, authority, and any disputed debt information.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment. If marital indebtedness is in dispute, the statement also shall include a list of all debts that includes the name of the creditor, an identification as to whether the debt is marital or non-marital, the amount of the debt, and the date(s) the debt is due.

CRITICAL

Applies to

Continuance motion

A trial-continuance motion based on a conflicting setting must include an attorney affidavit identifying the other case, judge, setting details, and date set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Proof of payment

Proof of payment of any allowed annuity distributions must be filed with the Court.

proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Disclosure

Each party must seasonably supplement and amend disclosures when new or different information or documents become known.

The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

Pleading

Must include

caption

Each pleading must state the circuit and county names and designate the parties.

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

CRITICAL

Applies to

Request for relief

A request for relief concerning specified discovery must include the relevant portion of the discovery document as an exhibit filed with the Clerk.

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

Inventory

Bond descriptions in an inventory must include the listed value, obligor, bond terms, interest information, coupons or interest-paid date, and endorsements.

A description of a bond shall include the total face value, name of the obligor, kind of bond, rate of interest, date of maturity, interest dates, coupons attached or date to which interest is paid, and endorsements.

CRITICAL

Applies to

Disclosure

Each disclosure must be written and accompanied by the party’s affidavit of completeness and accuracy; the party must seasonably supplement it when new information becomes known.

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. The duty to disclose required by this Rule shall be a continuing duty, and each party shall seasonably supplement and amend disclosures whenever new or different information or documents become known to the disclosing party.

CRITICAL

Applies to

Verified petition

A verified petition seeking approval of a minor’s or ward’s settlement must be filed and include the specified occurrence, parties, insurance, injury and expense, settlement fairness, and fee information; medical support is required 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

Petition for supplemental probate proceeding

A petition invoking a supplemental probate proceeding must identify the proceeding type and use the related estate’s case number with an “A,” “B,” “C,” or similar suffix.

The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with suffix “A,” “B,” “C,” etc.

CRITICAL

Applies to

Mediation summary

The mediation summary must include the occurrence’s facts, liability opinions, damages and injury information, settlement offers or demands, and all participants’ names.

The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary.

CRITICAL

Applies to

Motion to continue trial

A motion to continue trial based on a conflicting setting must include an attorney affidavit identifying the other case, its judge, the conflicting setting’s time and place, and when it was set.

If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

Applies to

Application for waiver of court fees

A civil fee-waiver application must be signed by the applicant or, for a minor or incompetent adult, by another person who knows the facts.

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

Evidence of entitlement

The foreign representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the distributive share.

The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that the principal is the person entitled to receive the distributive share.

CRITICAL

Applies to

Hearing notice

Specified post-judgment and other warrant-risk hearing notices must include the prescribed arrest-warrant warning in bold or underlined text.

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.”