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

CRITICAL

Applies to

Inventory

An inventory in a decedent’s estate under supervised administration or in a minor’s or disabled person’s estate must be verified.

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

Initial case management conference

All parties or their attorneys must attend the initial case-management conference; failure to attend may result in dismissal or default.

All parties or their attorneys shall appear at the initial case management conference. Failure to appear may result in a dismissal or default, as applicable.

CRITICAL

Applies to

Probate act proceeding

A Probate Act proceeding must be initiated if the distribution exceeds $10,000, the minor or ward is younger than 14, or the distribution is 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

Settlement order

For payments due before majority, the settlement order must direct payment to the minor’s or ward’s estate, prohibit use or transfer without Court leave, and require proof of allowed distributions.

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provide that the payments be made only to the estate of the minor or ward, that they not be expended, transferred, or withdrawn from the estate without leave of the Court, and that proof of payment of any allowed distributions be filed with the Court.

CRITICAL

Applies to

Estate tax documentation

A representative cannot be discharged until documentation of estate-tax payment or nonliability is filed with the Clerk.

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

Attorney registration

Attorney registration must include the listed identity, contact, e-service, staff, and fee-payment information.

Attorneys must register with the Clerk and shall at a minimum provide the following information: firm name; attorney names and ARDC registration numbers; address; phone number; e-mail address for E-service; staff contact information; and an approved method for paying filing fees.

CRITICAL

Applies to

E document

Attorneys must include their ARDC registration number on every electronic document.

Attorneys shall include their ARDC registration number on all E-documents.

CRITICAL

Applies to

Petition to probate holographic will or codicil

A petition to probate a handwritten will or codicil must include a typewritten copy and an affidavit attesting that the copy is true and correct to the affiant’s best 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

Commission petition

A commission petition for a will witness’s deposition must identify the witness, reason for absence, and officer, attach proposed interrogatories, and be noticed to listed heirs and legatees at least 14 days before hearing unless waived.

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. A copy of the proposed written interrogatories shall be attached to the petition. Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition. Before the hearing, any interested person may propose written cross-interrogatories.

CRITICAL

Applies to

Withdrawal petition

A covered withdrawal petition must be presented in person by a specified caregiver unless excused; the Court may require evidence of need, and receipts must be filed within 30 days after authorization unless excused, with unspent funds redeposited.

A petition to withdraw funds deposited or invested, as provided in section 24-21 of the Act or pursuant to this Rule shall be presented in person by the parent, spouse, person standing in loco parentis, or person having custody of the ward, unless the Court waives personal presentation. The Court may require the petitioner to furnish evidence that the sums to be withdrawn are necessary for the ward’s comfort, education, or other benefit to the ward or his or her dependents. Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended. All unexpended funds shall be redeposited in accordance with section 22-21 of the Act.

CRITICAL

Applies to

Petition for distribution without administration

A petition may request distribution without further administration when the estate meets the stated small-estate conditions, and the application must be made by a specified person depending on whether the ward is a disabled adult or a minor.

If the value of a ward’s estate is or becomes less than the small estate amount specified in section 25-2 of the Act and no part of the estate consists of real estate or a pending cause of action for personal injuries, a petition may be filed requesting the distribution of the estate without further administration. In the case of a disabled adult, application shall be made by his or her guardian or spouse, or if he or she has no spouse, by a relative having responsibility for his or her support. In the case of a minor, application shall be made by the guardian, a parent, or a person standing in loco parentis.

CRITICAL

Applies to

Dismissal stipulation

A stipulation dismissing a pending action must be accompanied by the financial institution’s voucher.

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

CRITICAL

Applies to

Fee petition

A fee petition must include the estate’s gross value, a summary of completed and future work and time, the requested fee, and expenses for reimbursement.

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

Discovery receipt or acknowledgment

An attorney or SRL receiving or reviewing the materials must acknowledge that fact by signing the disclosing party’s receipt.

The attorney or SRL receiving or reviewing the materials shall acknowledge that fact by signing a receipt provided by the disclosing party.

CRITICAL

Applies to

E document

Each electronic document must include the Filer’s typed name, email address, mailing address, and telephone number.

Each E-document shall include the typed name, e-mail address, mailing address, and telephone number of the Filer.

CRITICAL

Applies to

Inventory

Each inventory and amended or supplemental inventory must be filed with the Clerk unless the Court excuses filing.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk.

CRITICAL

Applies to

Written appearance

If an SRL’s appearance waives notice or consents to an immediate hearing, it must state that the SRL received a copy of any pleading seeking relief against the SRL and include that pleading.

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

Civil contempt judgment order

After an adjudication of civil contempt, the complaining party or the Court must prepare a written judgment order specifying the conduct, sanctions, and means of purging the contempt.

On an adjudication of civil contempt, the complaining party or the Court shall prepare a written judgment order specifying the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself or herself of the contempt.

CRITICAL

Applies to

Petition to withdraw funds

A petition to withdraw a ward’s deposited or invested funds must be presented in person by a listed person unless the Court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in section 24-21 of the Act or pursuant to this Rule shall be presented in person by the parent, spouse, person standing in loco parentis, or person having custody of the ward, unless the Court waives personal presentation.

CRITICAL

Applies to

Settlement approval order

An order approving a settlement must appoint a guardian for the minor’s or ward’s estate and require the guardian to file a bond pending proper deposit of the funds.

An order entered approving a settlement shall provide for the appointment of a guardian for the minor’s or ward’s estate and shall require the guardian to file a bond pending proper deposit of the funds in the approved financial institution.

CRITICAL

Applies to

Settlement petition

A petition to settle a decedent’s injury or death claim must be verified and include the occurrence, adverse party, insurance, injuries and expenses, settlement-fairness basis, and proposed fees and costs.

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

Petition for adjudication of indirect criminal contempt

An indirect criminal contempt proceeding must be initiated by a verified petition that describes the alleged 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

Motion to terminate mediation

A motion to terminate mediation must include an affidavit stating specific facts showing why mediation should not continue.

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

Settlement conference memorandum

For a settlement conference, each attorney or SRL must give the Court a memorandum with facts and settlement position at least seven days beforehand and serve it on others unless confidential submission is agreed; it must not be filed with the Clerk.

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. Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

CRITICAL

Applies to

Settlement order

A settlement-approval order must direct distribution and require vouchers proving receipt within the 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.

WARNING

Applies to

Petition to withdraw funds

The Court may require evidence that the requested withdrawal is necessary for the ward’s or the ward’s dependents’ benefit.

The Court may require the petitioner to furnish evidence that the sums to be withdrawn are necessary for the ward’s comfort, education, or other benefit to the ward or his or her dependents.

WARNING

Applies to

Written court approval for safety deposit box access

Court approval is generally unnecessary to access an estate’s or ward’s safety deposit box, but the Court may require written approval on a proper motion or on its own motion.

Generally, court approval is not necessary for a representative or guardian to access the safety deposit box of an estate or ward. On the motion of the surety on a bond of a representative or guardian or other interested party or on the Court’s own motion, the Court may require the Court’s written approval to access a

WARNING

Applies to

E document

An electronic document filed with a user’s identification and password is deemed personally signed by that user if it has no facsimile or typographical signature.

In the absence of a facsimile or typographical signature, any E-document filed with user identification and password shall be deemed to have been personally signed by the holder of the user identification and password.

WARNING

Applies to

Written answer

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

WARNING

Applies to

Written contempt charge

When referral is required, the judge must specify the alleged contempt in writing, direct preparation of a record, and transfer the matter for reassignment.

In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, direct that a record of the proceedings surrounding the acts be prepared, and transfer the matter to the appropriate assignment judge for reassignment.

WARNING

Applies to

E document requiring attorney signature

An attorney-required electronic document may bear the attorney’s signature or an authorized facsimile or typographical signature, which is deemed the attorney’s signature.

E-documents requiring the signature of an attorney may be signed by the attorney or bear a facsimile or typographical signature of the attorney authorizing the filing. If an E-document bears a facsimile or typographical signature, the E-document shall be deemed to have been signed by the attorney identified.

WARNING

Applies to

Additional disclosures

For an action’s nature or complexity, the Court may require the parties to disclose and exchange within 30 days information about contested paternity, health-insurance coverage, specified claims, employers, and self-employment, including information obtainable through reasonable inquiry.

The Court may, on written motion of a party or its own motion, determine that, because of the nature or complexity of an action, the parties shall, within 30 days and without further notice or request, disclose and exchange the following information, whether the information is within the possession, custody, or control of the party or can be ascertained or acquired by the party by reasonable inquiry and investigation: (1) Whether paternity of any child, living or unborn, is contested, and, if so, the identity of the child and the alleged putative father of the child; (2) The name and address of any health and medical insurance carrier covering any spouse and/or children; (3) A statement describing any worker’s compensation, personal injury, or property damage claims the disclosing party may have, whether or not filed; (4) The name and address of all employers and a description of any self- employment of the disclosing party;

WARNING

Applies to

Electronic document

An attorney may sign a required e-document signature personally or use an authorized facsimile or typographical signature.

E-documents requiring the signature of an attorney may be signed by the attorney or bear a facsimile or typographical signature of the attorney authorizing the filing. If an E-document bears a facsimile or typographical signature, the E-document shall be deemed to have been signed by the attorney identified.

WARNING

Applies to

Damages proof

Damages in a default matter may be proved through the listed forms or other proof the Court accepts, but verified complaints and affidavits must be signed by the plaintiff or the plaintiff’s agent, not counsel.

When a defendant is in default or found in default under Rule 5.2(a)(1), proof of damages may be made by a verified complaint, affidavit, sworn witness testimony, or other proof the Court deems sufficient. Verified complaints and affidavits must be signed by the plaintiff or an agent of the plaintiff, not by the plaintiff’s attorney.

WARNING

Applies to

Contact information submission

Appointed attorneys must submit current contact information and a statement or other verification of continuing-education attendance to the Chief Judge.

Each appointed attorney shall submit to the Chief Judge current contact information (updated as needed) with a statement or other verification of attendance at continuing education.

WARNING

Applies to

Proposed order

The Court resolves disputes about an order’s form after a hearing; approval as to form is not substantive approval, and the Court may enter the order without approval.

If the parties do not agree as to the form of the order, the Court shall decide the issue after hearing. Approval as to form shall not be construed as approval as to substance, and the Court may enter the order even if approval is withheld.

WARNING

Applies to

Sealing order

The Court must issue a written ruling on a sealing request, and any order granting relief must specify what is sealed, whether party names are removed from public access, and how long sealing lasts.

The Court shall enter a written order granting, granting in part, or denying the request. If the Court grants the motion in whole or in part, the order shall designate whether the entire file, record, or document or only a portion of the entire file, record, or document shall be sealed or impounded. The order shall further designate whether it includes removing the parties’ names from public access and the duration the file is to be sealed or impounded.

WARNING

Applies to

Certificate proof or affidavit of service

A non-attorney under an attorney’s supervision may sign a service certificate, proof, or affidavit personally or by facsimile or typographical signature, which is deemed that non-attorney’s signature.

Certificates, proofs, or affidavits of service in E-documents signed by a non-attorney under the supervision of an attorney may be signed by the non-attorney or bear a facsimile or typographical signature of the non- attorney serving the E-document. If an E-document bears a facsimile or typographical signature of a non-attorney serving the E-document, the certificate, proof, or affidavit of service shall be deemed to have been signed by the non-attorney identified.

WARNING

Applies to

Certificate

A supervised non-attorney may sign an e-document certificate, proof, or affidavit of service personally or by facsimile or typographical signature.

Certificates, proofs, or affidavits of service in E-documents signed by a non-attorney under the supervision of an attorney may be signed by the non-attorney or bear a facsimile or typographical signature of the non- attorney serving the E-document.

WARNING

Applies to

Mediation summary

If the party or attorney filing the summary wishes its contents to remain confidential, he or she should advise the mediator in writing when the summary is filed.

If the party or attorney filing the summary wishes its contents to remain confidential, he or she should advise the mediator in writing when the summary is filed.

WARNING

Applies to

Sworn showing

When the stated conditions apply, the Court may direct a minor’s entirely monetary share to be deposited and paid under section 22-21 upon an under-oath showing that doing so is in the minor’s best interest.

If a minor is entitled to a distributive share of a decedent’s estate and the share consists entirely of money and no guardian has been appointed for his or her estate, the Court on a showing under oath that it is in the minor’s best interest may direct that the distributive share be deposited and paid in accordance with section 22-21 of the Act.

WARNING

Applies to

Settlement notice

If a case settles before the final pretrial conference or trial, the attorneys and each SRL must notify the Court as soon as reasonably possible.

If a case settles before a scheduled final pretrial conference or before trial, the attorneys for the parties and each SRL shall notify the Court of the settlement as soon as reasonably possible.

WARNING

Applies to

Mediator selection

Parties must select a mediator from the Court’s list; the Court appoints the mediator in pro bono or reduced-fee cases.

The parties shall select a mediator from the Court’s list, which shall be available from the Clerk, together with complete resumes and individual fee schedules. In pro bono or reduced fee cases, the mediator shall be appointed by the Court.

WARNING

Applies to

Continuing education verification

Attendance verification must be submitted to the Chief Judge when the attorney attends continuing education or upon request.

Verification of attendance shall be submitted to the Chief Judge at the time of attendance or on request.

WARNING

Applies to

Default damages proof

Default damages may be proved by specified evidence, and any verified complaint or affidavit must be signed by the plaintiff or the plaintiff’s agent, not counsel.

When a defendant is in default or found in default under Rule 5.2(a)(1), proof of damages may be made by a verified complaint, affidavit, sworn witness testimony, or other proof the Court deems sufficient. Verified complaints and affidavits must be signed by the plaintiff or an agent of the plaintiff, not by the plaintiff’s attorney.

WARNING

Applies to

Party objection

A party objecting to extended media coverage should file a written objection stating its reasons.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request.

WARNING

Applies to

Order of referral

The parties may file a written stipulation to mediate an issue at any time, and the stipulation must be incorporated into the referral order.

In addition, the parties to any matter may file a written stipulation to mediate any issue between them at any time. This stipulation shall be incorporated into the order of referral.

WARNING

Applies to

Mediator certification request

An attorney seeking mediator certification must submit a signed written request to the Court Administrator.

(1) The attorney has submitted to the Court Administrator a signed, written request for certification.

INFO

Applies to

Exhibit list

When practicable, a list of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

When practicable, a list of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than the beginning of the hearing.

INFO

Applies to

Transcript request

A transcript request may be made using a Transcript Request Form available in the court reporter’s office.

A request for a transcript from either the electronic recording system or a court reporter may be obtained by completing a Transcript Request Form, available in the court reporter’s office.