Circuit Court of Tazewell County, Illinois (10th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Motion

A receiver may employ an attorney only by court order and on the receiver’s written motion stating the reasons and naming the attorney.

Application. An attorney for the receiver shall be employed only upon order of the court, upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

CRITICAL

Applies to

Petition for leave to receive

A representative or attorney-in-fact must submit a petition for leave to receive the distributive share using the form prescribed by the court and furnished by the clerk.

(2) Such representative or attorney-in-fact shall present his petition for leave to receive in the form prescribed by the court and furnished by the clerk.

CRITICALCivil cases

Applies to

Hearing notice

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

The notice shall contain the time, place and nature of the hearing and substantially the following sentence: "If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."

CRITICALCivil cases

Applies to

Account

An administrator’s or executor’s account must report any change in the identity of distributive-share recipients that has not already been reported to the court.

Each administrator's or executor's account shall state any change in the identity of the parties entitled to a distributive share of the estate which change has occurred and has not theretofore been reported to the court.

CRITICALCivil cases

Applies to

Distribution before six months

Authority for distribution before six months after issuance of letters is granted only after the inventory is filed, a current account is approved and filed, and all accrued costs are paid.

Authority under Section 24-4(a) of the Probate Act to an executor or administrator to pay all or part of the distributive share to a distributee before the expiration of six months after the issuance of letters will be granted only after the filing of the inventory, the approval and filing of a current account, and the payment of all accrued costs.

CRITICALCivil cases

Applies to

Demand

A demand on an executor, administrator, or guardian must be made in writing and served in the manner used for motion service.

Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.

CRITICAL

Applies to

Receipt and certificate

The representative or attorney-in-fact must provide a written receipt certifying that authority remains in force, and the legal representative must file the receipt and certificate with the vouchers.

(4) Such representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the legal representative, and he shall certify on said receipt that his authority to receive the distributive share has not been revoked. The legal representative shall file said receipt and certificate with his vouchers.

CRITICAL

Applies to

Financial affidavit

In covered cases involving economic issues, all parties must file a mandatory-form financial affidavit.

In any case filed pursuant to the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act wherein economic issues arise, a mandatory form financial affidavit shall be filed by all parties.

CRITICAL

Applies to

Affidavit of amount due on order to show cause

In covered failure-to-pay proceedings, the petitioner must file the mandatory-form Affidavit of Amount Due on Order to Show Cause.

In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause

CRITICAL

Applies to

Claim

A claim founded on a written instrument must be accompanied by a copy of that instrument.

Each claim that is founded upon a written instrument shall be accompanied by a copy of the written instrument.

CRITICALCivil cases

Applies to

Petition for leave to receive

A representative or attorney-in-fact must file a petition for leave to receive the share with the Clerk of the Court using the court-prescribed form furnished by the clerk.

Such representative or attorney-in-fact shall present ..flk_his petition for leave to receive in the form prescribed by the court and furnished by the clerk with the Clerk o(the Court.

CRITICAL

Applies to

Written account

A written accounting must identify each receipt and disbursement by date and payor or payee, justify each transaction, state assets on hand at the beginning and end of the accounting period, and include any further information the court requires.

(b) A written accounting shall identify receipts and disbursements by naming the date and payor or payee of each transaction, a sufficient statement of the purpose or facts surrounding each transaction to constitute justification, the assets on hand at the beginning and at the end of the period of accounting, and shall contain such other and further information as the court requires.

CRITICALCivil cases

Applies to

Original will

After a will is admitted to probate, the clerk must place a copy in the court file, keep the original separate for six months, and not surrender it without a court order.

After admission of a will to probate, the clerk shall cause a copy to become part of the court file . The original will shall be kept separate from the court file for a period of six (6) months following its admission to probate and the clerk shall not surrender possession thereof to anyone except by order of the court.

CRITICAL

Applies to

Guardian expense petition

The guardian’s petition must state whether the petitioner or another person receives governmental or charitable relief or assistance and must disclose income from any source.

The petition shall state whether or not the petitioner or any other person is receiving any relief or assistance from the Social Security Administration, Veterans' Administration, or any other governmental entity as well as from any charitable organization or entity, and any income from any source.

CRITICAL

Applies to

Complaint

An application for review of an administrative agency decision must be brought by filing a complaint with the court clerk.

Applications seeking review from an administrative agency’s decision, including administrative review under 735 ILCS 5/3-101 and under the Illinois Workers' Compensation Act, shall be made by filing a complaint with the clerk of the court and service of process as provided by law.

CRITICAL

Applies to

Inventory

Inventory descriptions of stock certificates must state the number and class of shares and the exact corporate title.

Descriptions of certificates of stock shall include the number of shares and class of shares and the exact corporate title.

CRITICAL

Applies to

Inventory

Inventory descriptions of notes must state the specified amount, date, maker, interest, endorsement, and security details.

Descriptions of notes shall include the face amount and unpaid balance, the date of note, the date of maturity, the name of the maker, the rate of interest, the date to which interest is paid, the endorsements, if any and if secured, a description of the security.

CRITICAL

Applies to

Motion

A person assured by a court-executed bond may move to require the sureties to justify, and the motion must include an affidavit stating the grounds for believing the sureties insufficient, the inquiry made, and the facts found.

Any person assured by a bond executed in this court may by motion request the sureties to justify. The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry, and the facts ascertained.

CRITICAL

Applies to

Written appearance

An appearance must include the specified contact and party information for the filer, and subsequent filings must comply with the appearance rule.

The appearance shall contain the name of the attorney, firm name, if any, address, phone number, email address, facsimile number, ARDC number of the attorney filling the appearance, and shall identify the party(s) for whom the appearance is being filed. A party representing himself shall file a written appearance and include name, address, phone number, and email address. All subsequent filings shall comply with this rule.

CRITICALCivil cases

Applies to

Receipt for distributive share

A representative or attorney-in-fact must acknowledge receipt of the share in writing and certify on the receipt that the authority to receive it has not been revoked.

Such representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the legal representative, and he shall certify on said receipt that his authority to receive the distributive share has not been revoked.

CRITICAL

Applies to

Affidavit

All affidavits filed under this rule must be timely supplemented.

All affidavits filed herein shall be timely supplemented.

CRITICAL

Applies to

Hearing notice

The notice must state the hearing’s time, place, and nature and substantially include the prescribed statement about the binding effect of an approved account.

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

CRITICALCivil cases

Applies to

Petition for ascertainment and declaration of heirship or dependency

When no probate or administration petition has been filed, a petitioner seeking an heirship or dependency declaration must file a petition containing the petitioner’s and attorney’s contact details, the decedent’s identifying and death information, and the heirs’ names, addresses, and minor or incompetent status.

When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.

CRITICAL

Applies to

Inventory

If no appraisers are appointed, the receiver must investigate the estate property’s value and include the investigated value of each listed item in the inventory.

(b) Appraisal by Receiver. If no appraisers are appointed, the receiver shall investigate the value of the property of the estate and show in the inventory the value of the several items listed as disclosed by the investigation.

CRITICAL

Applies to

Bond

A bond using an Illinois-licensed corporation or association as surety will be approved only if the surety has filed a certified copy of its license with the court clerk.

Bonds with corporation or association licensed to transact surety business in the State of Illinois as surety will be approved only if the surety has filed with the clerk of the court a certified copy of the license issued to the surety by the Director of Insurance.

CRITICAL

Applies to

Continuing education certification

An attorney must complete five hours of approved continuing education within two years of initial placement and submit course certification to the chief circuit judge or judicial coordinator.

The attorney shall complete 5 (five) hours of the aforesaid continuing education within two (2) years from initial placement upon the approved 10th Judicial Circuit list and submit certification of the courses to the chief circuit judge or judicial coordinator.

CRITICAL

Applies to

Distributive share request

A representative, attorney-in-fact, or assignee must present evidence of the distributee’s entitlement and the representative’s authority; a power of attorney or assignment must be signed and properly authenticated and acknowledged, unless the court accepts other evidence of its validity.

(1) Such representative or attorney-in-fact or assignee shall present satisfactory evidence to the court that his principal is, in fact, the person entitled to receive such distributive share and that such representative or attorney-in-fact or assignee has been duly authorized, by treaty or power of attorney or assignment, to receive said distributive share. Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before the American Counsel of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence of the genuineness or validity of the power of attorney or assignment.

CRITICAL

Applies to

Notice of hearing

written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon

written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon

CRITICAL

Applies to

Final account

A final account must include claimant receipts showing payment of allowed claims.

(3) Receipts of claimants showing paid claims which have been allowed.

CRITICAL

Applies to

Objection

Objections to accounts, reports, and awards must be written and specify every ground of objection.

Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.

CRITICAL

Applies to

Motion

In cases governed by the Illinois Rules of Criminal Procedure, every motion must include a notice specifying either an actual hearing date or a hearing at which the motion will be scheduled.

In any case where the Illinois Rules of Criminal Procedure are applicable, any motion filed must include a notice of hearing. The notice of hearing must provide for either an actual hearing date for the motion being filed or a hearing where the motion will be scheduled to be heard.

CRITICALCivil cases

Applies to

Refunding bond

The refunding bond must use the court-prescribed form and be furnished by the clerk.

The refunding bond shall be in the form prescribed by the court and furnished by the clerk.

CRITICAL

Applies to

Confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign a confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Final settlement

A guardian cannot be discharged on final settlement unless the ward executes and the guardian exhibits a receipt in full and an entry of appearance waiving notice of hearing.

On the final settlement of a ward’s estate when the person entitled to the estate is the ward, the guardian will not be discharged unless the guardian exhibits to the court a receipt in full and entry of appearance waiving notice of hearing executed by the ward.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

The petitioner must file the mandatory Affidavit of Amount Due on Order to Show Cause and serve it with the petition, unless the sworn petition clearly delineates and makes ascertainable the amounts due and all just credits.

In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition. However. this aQidavit shall not be required jf the amounts due and all just credits are clearly delineated and ascertainable in the sworn petition fill:_ rule to show cause.

CRITICAL

Applies to

Petition for ascertainment and declaration of heirship or dependency

When no probate or administration petition has been filed, a petition seeking a declaration of heirship or dependency must include the specified information about the petitioner, decedent, and heirs.

When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.

CRITICAL

Applies to

Distribution request

For an early distribution, evidence must show either that all allowed claims are paid or that sufficient funds remain to pay all claims and make the distribution.

Evidence shall be presented to the court that all allowed claims have been paid or that there is sufficient money on hand to pay all claims against the estate and to warrant distribution.

CRITICAL

Applies to

Accounting objection

A party choosing to object to an accounting must file specific written objections that request specific relief.

Within a time fixed by the court, any party to an accounting action may file specific written objections to the form or substance of the accounting filed, requesting specific relief, such as, for example, a money judgment, an injunction, removal from office, or a more detailed statement of accounts.

CRITICAL

Applies to

Written account

A written accounting must be verified on oath unless the court excuses verification.

(c) A written accounting shall be verified on oath unless excused by the court.

CRITICAL

Applies to

Proof of continuing education completion

Mediators must provide proof of continuing-education completion to the chief circuit judge or judicial coordinator.

A mediator shall provide proof of completion to the chief circuit judge or judicial coordinator.

CRITICAL

Applies to

Motion

The motion must state the judgment balance, accrued interest, and costs, and explain that the creditor or attorney cannot be found despite due diligence or has refused or failed to provide a satisfaction after tender.

(1) The amount, stating the judgment balance, the accrued interest, and costs; (2) That after the exercise of due diligence that judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due;

CRITICAL

Applies to

Affidavit

When the person’s name or residence is unknown and cannot be ascertained with due diligence, the executor or administrator must file an affidavit to that effect with the clerk.

Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect shall be filed with the clerk of this court by said executor or administrator, then notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in this county at least 20 days prior to the date of the hearing.

CRITICALCivil cases

Applies to

Distribution before six months

Evidence must be presented that all allowed claims are paid or that sufficient funds remain to pay all estate claims and warrant distribution.

Evidence shall be presented to the court that all allowed claims have been paid or that there is sufficient money on hand to pay all claims against the estate and to warrant distribution.

CRITICALCivil cases

Applies to

Report of compliance

The compliance report submitted to the court must include a receipt or voucher evidencing payment and delivery of the share to the distributee.

Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.

CRITICAL

Applies to

Hearing notice

The account-hearing notice must be written and accompanied by a copy of the account, except when notice is by publication.

Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.

CRITICAL

Applies to

County treasurer deposit voucher or receipt

If the representative or attorney-in-fact fails, refuses, or is unable to deliver the share within the stated period, the share must be deposited with the county treasurer, and the representative or attorney-in-fact must produce and file evidence of the deposit with the court.

(6) In the event of the failure, refusal or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the distributee lawfully entitled thereto within said ninety days (or any extension thereof granted by the court during the said ninety day period), the distributive share shall be deposited with the county treasurer subject to the further order of the court and presentation of voucher or receipt of the county treasurer evidencing the deposit of said distributive share shall be produced and filed in the court by the representative or attorney-in-fact, whereupon he shall be discharged from further duty.

CRITICAL

Applies to

Distribution request

Authority to distribute before six months have elapsed after letters issue is granted only after the inventory is filed, a current account is approved and filed, and accrued costs are paid.

Authority under Section 24-4(a) of the Probate Act to an executor or administrator to pay all or part of the distributive share to a distributee before the expiration of six months after the issuance of letters will be granted only after the filing of the inventory, the approval and filing of a current account, and the payment of all accrued costs.

CRITICALCivil cases

Applies to

Financial affidavit for non minor child

A party seeking support for a non-minor child must also file a financial affidavit on the child’s behalf.

If a party is seeking support for a non-minor child, that party shall also file a financial affidavit on behalf of the non-minor child.

CRITICAL

Applies to

Final account

A final account must include a statement that all court costs have been paid.

(1) A statement that all court costs have been paid.

CRITICAL

Applies to

Filed document

Must include

case number

The circuit clerk assigns a general number when an action or proceeding is commenced, and that number must appear on all pleadings, notices, orders, and other filed documents.

(a) When an action or proceeding is commenced, the circuit clerk shall give the filing a general number which shall be endorsed on all pleadings, notices, orders, and other documents filed therein. Such numbering shall indicate the year in which such action or proceeding was commenced, the case identification prescribed by the Administrative Office of the Illinois Courts, and its consecutive general number. Pending actions or proceedings shall continue under the numbers heretofore assigned.