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

CRITICAL

Applies to

Probate inventory

An inventory must list known real and personal property and causes of action as of the specified date, and specified supervised or protected-person inventories must be verified.

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. The inventory in a decedent’s estate under supervised administration or in the estate of a minor or disabled person shall be verified.

CRITICAL

Applies to

Amended or supplemental inventory

An amended or supplemental inventory must be filed with the Clerk if property was erroneously described, assets were improperly included or excluded, or additional assets were received or discovered.

An amended or supplemental inventory shall be filed with the Clerk if real or personal property has been erroneously described in a previous inventory, assets have been improperly included or excluded from a previous inventory, or additional assets have been received by the representative or have come to his or her knowledge.

CRITICAL

Applies to

Dismissal stipulation

A stipulation dismissing a pending action must include the financial institution’s voucher.

A stipulation dismissing any pending action shall be accompanied by the voucher from the financial institution.

CRITICAL

Applies to

Electronic document

An e-filer certifies possession of any required original signed document and must preserve it until one year after the judgment or dismissal becomes final and unappealable, unless the Court orders otherwise.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession. 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 unappealable.

CRITICAL

Applies to

Withdrawal petition

A petition to withdraw a minor’s or ward’s funds must be written and state the current balance, available annual income, requested amount and purpose, and the last same-purpose withdrawal authorization.

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 amount and purpose of the withdrawal, and the amount of the last authorization for withdrawal from the account for the same purpose.

CRITICAL

Applies to

Motion

Each motion must identify the relief sought and its legal basis, state its factual and legal grounds, and include citations to legal authority the moving party wants the Court to consider.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Written motion

Unless an individual court standing order or discretionary case-by-case exception allows otherwise, a person seeking permission to appear remotely must use a written motion filed, scheduled, and served under Local Rule 5.1.

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

Distribution order

A settlement administered under the Probate Act must be paid to the guardian, and the distribution order is effective only after the probate judge approves the required bond or other security.

Any approved settlement that is required to be administered pursuant to the Probate Act shall be paid to the guardian of the minor or ward, and the order approving the distribution shall be effective only after the entry of an order by the judge assigned to probate matters approving the bond or other security required to administer the settlement and distribution.

CRITICAL

Applies to

Motion to defer mediation

A motion to defer mediation must detail the facts and circumstances supporting the request.

The motion shall set forth, in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Accounting

Every accounting must include a listing of all disbursements from the estate.

All accountings shall include a listing of all disbursements from the estate.

CRITICAL

Applies to

Pleading notice other paper

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

CRITICAL

Applies to

Parenting education completion

Each parent in a case involving a minor child must complete an approved parenting program and prove completion before prove-up or final order, unless the Court waives the requirement for good cause or prior attendance is documented.

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

Petition

A representative’s request for an extension or less frequent accountings must be made by verified petition stating the reasons.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request.

CRITICAL

Applies to

Motion to terminate mediation

A motion to terminate mediation must include an affidavit stating specific facts explaining why continuing mediation would be inappropriate.

Any motion to terminate mediation must be supported by an affidavit setting forth specific facts as to why continuing the mediation would be inappropriate.

CRITICAL

Applies to

Motion

Each motion must identify the requested relief and governing authority, state its factual and legal bases, and cite the legal authority offered for consideration.

Every motion shall identify in its title or introductory paragraph the relief sought and the section of the Code of Civil Procedure, Code of Criminal Procedure, Supreme Court Rule, or Rule under which the motion is brought. Every motion also shall set forth its factual and legal bases and be accompanied by the citation to any legal authority the moving party desires the Court to consider.

CRITICAL

Applies to

Guardian petition

A guardian must petition the Court for approval to retain an investment or increase not authorized by section 21-2 of the Act.

If a guardian desires to retain an investment (including a life, endowment, or annuity policy) or any increase in that investment that is not authorized by section 21-2 of the Act, the guardian shall petition the Court for approval to retain the investment or increase.

CRITICAL

Applies to

Paper filing

A conventionally filed pleading, notice, or other paper must be legibly signed by an attorney of record or the SRL.

Every pleading, notice, or other paper filed with the Clerk that is not electronically filed shall be legibly signed by at least one attorney of record in his or her individual name or by the SRL.

CRITICAL

Applies to

Foreclosure sale documents

Unless directed otherwise, the foreclosure plaintiff or counsel must prepare the specified sale notices, reports, deeds, certificates, and proposed orders and assist with 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

Motion hearing notice

A default-motion notice or motion must warn that a defendant found in default will not receive notice of further proceedings.

If the motion is for a finding of a default under Rule 5.2(1), either the notice or the motion must inform the defendant that if the defendant is found to be in default at the hearing, the defendant shall not be entitled to notice of further proceedings in the action.

CRITICAL

Applies to

Notice of hearing

For a motion seeking default under Rule 5.2(1), either the notice or the motion must warn the defendant that a default finding will eliminate notice of further proceedings.

If the motion is for a finding of a default under Rule 5.2(1), either the notice or the motion must inform the defendant that if the defendant is found to be in default at the hearing, the defendant shall not be entitled to notice of further proceedings in the action.

CRITICAL

Applies to

Safety deposit box inventory

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

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

CRITICAL

Applies to

Notice of hearing

The notice to other persons entitled to notice must be accompanied by a copy of the account.

notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing

CRITICAL

Applies to

Assignment approval petition

A petition to approve an estate-interest assignment or power of attorney must be verified and state the specified parties, interest, consideration, 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

Indirect criminal contempt petition

An indirect criminal-contempt proceeding must begin with a verified petition describing the alleged contemptuous conduct with particularity.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Settlement conference stipulation

Participants at a settlement conference must negotiate in good faith, identify disputed issues, prepare a stipulation of agreed matters, and consider ways to aid or simplify the action.

At the settlement conference, the participants shall conduct good faith settlement negotiations, identify all disputed issues the Court needs to resolve, prepare a stipulation as to any agreed matters, and consider any other matters that might aid, expedite, or simplify the action.

CRITICAL

Applies to

Limited scope appearance

The requirements of Rule 4.1(a) and Rule 4.2 also apply to limited scope appearances.

This Rule 4.1(a) and Rule 4.2 also shall apply to limited scope appearances.

CRITICAL

Applies to

Motion for default

Except for the stated date-certain summons circumstance, a plaintiff seeking a default finding must file a written motion that identifies any additional relief sought at the hearing.

In all other instances, a plaintiff seeking a finding that a defendant is in default for failing to appear, answer, or otherwise plead must file a written motion asking that the defendant be found in default and specifying what other relief, if any, the plaintiff will seek during the hearing on the motion.

CRITICAL

Applies to

Statement of proposed property apportionment

When property apportionment is disputed, the parties must submit a proposed-apportionment statement itemizing marital and non-marital property, proposed values and apportionment, and supporting authorities.

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.

CRITICAL

Applies to

Document requiring original signature

E-filing a document that requires an original signature certifies that the Filer possesses the original signed document.

Anyone E-filing a document that requires an original signature certifies that, by so filing, the original signed document exists in the Filer’s possession.

CRITICAL

Applies to

Motion hearing notice

A motion-hearing notice must identify the action, judge, date, and time, and include the motion or state that it was previously served.

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. The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Applies to

Verified petition or testimony

Except as provided in these Rules, a rule to show cause for indirect civil contempt shall be issued only on a verified petition that clearly sets forth the facts on which the petition is based or on testimony of the complaining party. Any verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

Except as provided in these Rules, a rule to show cause for indirect civil contempt shall be issued only on a verified petition that clearly sets forth the facts on which the petition is based or on testimony of the complaining party. Any verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.

CRITICAL

Applies to

Financial affidavit

In specified family-law disputes, each party must file the standardized financial affidavit at least five days before the hearing unless the Court orders otherwise; a qualifying temporary-relief affidavit need not be repeated absent substantial change.

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

Power of attorney or assignment

Each power of attorney or assignment must be signed by the distributee and authenticated and acknowledged before an American consul, unless the Court accepts other evidence of authenticity.

Each power of attorney or assignment shall be signed by the distributee and be properly authenticated and acknowledged before an American consul, unless the Court is satisfied with other evidence of the authenticity of the power of attorney or assignment.

CRITICAL

Applies to

Guardian investment petition

A guardian’s investment petition must identify and certify the investment category and disclose certain purchases from 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

Settlement memorandum

For a settlement conference, each attorney or SRL must prepare a memorandum stating the relevant facts, the party’s settlement position, and its basis, and deliver it to the Court at least seven days beforehand.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Applies to

Proposed order

Must include

proposed order

If directed, an attorney or SRL must submit a written order within 30 days or the Court’s specified time and first tender it to all other attorneys and SRLs of record.

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. Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

Applies to

Voucher

The voucher must acknowledge receipt of the funds and the settlement order, and include the prescribed no-withdrawals language.

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

Final pretrial conference

Unless excused, trial counsel, all SRLs, plaintiffs, and a defendant representative with settlement authority must attend the final pretrial conference.

Unless excused by the Court, the following representatives shall attend the final pretrial conference: (1) trial attorneys for each party; (2) all SRLs; (3) the plaintiff(s); and (4) a representative of the defendant(s) who has authority to settle the case.

CRITICAL

Applies to

Settlement funds

If the Court finds it in the minor’s or ward’s best interest, settlement funds may be invested under the Probate Act instead of deposited, but cannot be withdrawn or used without Court approval.

If determined by the Court to be in best interest of the minor or ward, a parent or legal representative receiving settlement funds may, in lieu of depositing the funds as required by Rule 10.1(i), invest the funds for the benefit of the minor or ward in accord with applicable provisions of the Probate Act. Invested funds shall not be withdrawn or used without approval of the Court.

CRITICAL

Applies to

Inventory

A partnership-interest description must include the partnership’s name and address and, if known, the approximate value and the estate’s interest.

A description of a partnership interest shall include the partnership name and address and the approximate value and interest of the estate, if known.

CRITICAL

Applies to

Discovery material

The Clerk must not accept discovery exhibits, reports, or other materials for filing.

The Clerk shall not accept for filing any exhibits, reports, or other materials in response to discovery orders entered by the Court.

CRITICAL

Applies to

Written appearance

An attorney must seasonably update the information in the appearance.

The attorney must seasonably update information contained in the appearance.

CRITICAL

Applies to

Guardian investment petition

A guardian must petition for Court approval to retain an investment or increase not authorized by the cited statute.

If a guardian desires to retain an investment (including a life, endowment, or annuity policy) or any increase in that investment that is not authorized by section 21-2 of the Act, the guardian shall petition the Court for approval to retain the investment or increase.

CRITICAL

Applies to

Sale judgment

A real-estate-sale judgment must name the sheriff or Court-approved judicial officer who will conduct the sale.

All judgments directing the sale of real estate shall designate the sheriff or judicial officer approved by the Court as the officer to conduct the sale. The sheriff or judicial officer is hereby authorized to retain the services of an auctioneer and assess the costs of the auctioneer to the plaintiff.

CRITICAL

Applies to

Notice of hearing

The notice must state the hearing’s time, date, place, and nature and include substantially the prescribed binding-effect sentence.

the notice shall contain the time, date, place, and nature of the hearing in substantially the following sentence: “If the account is approved by the judge, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must provide for distribution of the funds and filing vouchers within a time set by the Court.

Any order entered approving a settlement shall provide for the distribution of the settlement funds and the filing of vouchers to evidence receipt of any portion of the funds within a time prescribed by the Court.

CRITICAL

Applies to

Guardian petition

A guardian must petition the Court for approval before materially changing the terms of a covered policy.

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

Notice of hearing

The hearing notice must state the specified failure-to-appear warning, in addition to the hearing time, date, and place.

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

Jury instruction

When news media is present during a civil or criminal trial, the judge must give the specified jury instruction.

The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.

CRITICAL

Applies to

Application for appointment

Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem must apply in writing to the Chief Judge and state their qualifications.

Attorneys seeking appointment in Allocation Cases to represent children or serve as a guardian ad litem shall apply in writing to the Chief Judge, setting forth the applicant’s qualifications.