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

CRITICAL

Applies to

Settlement petition

The representative’s attorney must include in the petition a written certification that the proposed settlement is just and proper based on the applicable facts and law.

The attorney for the representative shall certify in writing as a part of the petition that in his opinion, based upon the facts and law applicable thereto, the proposed settlement is just and proper.

CRITICALCivil cases

Applies to

Objections

Objections to accounts, reports, awards, and similar matters must be in writing and specify every ground of objection.

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

CRITICALCivil cases

Applies to

Evidence of entitlement and authority

A representative, attorney-in-fact, or assignee must present evidence that the distributee is entitled to the share and that the representative is authorized to receive it.

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.

CRITICAL

Applies to

Notice of hearing

A motion-hearing notice must identify the action and court, the motion and its filing and service dates, and any court time reserved for the hearing.

The notice of hearing shall include: (1) the title and number of the action, (2) the court in which the motion shall be heard, (3) the complete title of the motion, (4) the date of filing of the motion, (5) the date when the motion was previously served or that the motion is being served with the notice, and, (6) if applicable, the amount of court time reserved for hearing on the motion(s).

CRITICAL

Applies to

Guardian expense petition

A guardian’s petition to use a substantial part of the ward’s estate must state the estate’s value when filed, the ward’s annual income, and the amount of any previous authorization for the same purpose.

Each guardian's petition to apply any substantial part of the ward's estate for the comfort, support or education of the ward or other persons entitled to support from the ward, shall state the value of the estate at the time the petition is being filed, the annual income available to the ward and the amount of the last authorization for the expenditure on behalf of said ward for the same purpose, if any.

CRITICAL

Applies to

Bond

Unless excused by the court, a representative or attorney-in-fact must furnish a suitable bond with sureties in the amount fixed by the court, using the court-prescribed form and conditioning the bond on payment and delivery to the distributee.

(3) Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be in form prescribed by the court and furnished by the clerk and shall be conditioned upon the payment and delivery of the distributive share to the distributee.

CRITICALCivil cases

Applies to

Affidavit

All affidavits filed in these proceedings must be timely supplemented.

All affidavits filed herein shall be timely supplemented.

CRITICALCivil cases

Applies to

Hearing notice

The hearing notice must be written and accompanied by a copy of the account unless notice is given 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

Brief

Each party must prepare and file a brief complying with Illinois Supreme Court Rule 341, and the plaintiff’s brief must briefly state the circuit court’s jurisdiction.

Each party shall prepare and file a brief in compliance with Ill. Sup. Court R. 341 including a brief statement by plaintiff of the circuit court's jurisdiction.

CRITICAL

Applies to

Claim

Unless the original written instrument is lost or destroyed, it must be exhibited to the court at the hearing.

Unless the original is lost or destroyed, it shall be exhibited to the court at the hearing.

CRITICALCivil cases

Applies to

Receipt and certificate with vouchers

The legal representative must file the receipt and certification with the vouchers.

The legal representative shall file said receipt and certificate with his vouchers.

CRITICALCivil cases

Applies to

Property addendum or equivalent documentation

In a dissolution proceeding involving property, debt allowance, or spousal maintenance, an addendum or equivalent additional documentation must be filed.

In a Dissolution of Marriage proceeding when there is any issue involving property, including debt allowance or spousal maintenance, an addendum (or equivalent additional documentation) must be filed

CRITICAL

Applies to

Distribution petition

A petition seeking authority to distribute must state if an intestate heir or testate legatee is a minor, has died, or has been adjudicated a disabled adult.

If an heir at law of an intestate or legatee of a testate estate shall be a minor or shall die or be adjudicated a disabled adult, such fact shall be set forth in any petition requesting authority to make distribution.

CRITICALCivil cases

Applies to

Address change

An executor, administrator, or guardian must record any address changes with the clerk during the period of administration.

and shall record with the clerk any changes in his address taking place during the period of administration.

CRITICAL

Applies to

Inventory

An inventory’s description of each cause of action must identify the opposing person and nature of the claim, and provide specified suit information if suit has been instituted.

(c) The description of each cause of action shall include the name of the person against whom the cause of action exists or is asserted, the nature of the cause of action and, if suit has been instituted, the title of the suit, the name of the court in which it is pending, and the general number.

CRITICAL

Applies to

Answer or pleading

When objections to a written accounting are filed, all other parties must answer or otherwise plead to them.

If objections to a written accounting are filed, within a time fixed by the court all other parties shall file answers or otherwise plead to the objections filed, thereby placing the cause at issue for a trial on the merits of the objections.

CRITICAL

Applies to

Final account

A final account must state that all filed claims have been allowed or dismissed and list allowed claims not yet shown paid of record.

(2) A statement that all claims filed have been allowed or dismissed, together with a list of claims allowed and not yet shown paid of record.

CRITICAL

Applies to

Case management conference notice

Each case management conference notice must have the Approved Parent Education Notice attached.

The circuit clerk shall attach the Approved Parent Education Notice to each case management conference notice.

CRITICAL

Applies to

Written appearance

A party or attorney must file a written appearance in every case, but may include it in another filed document.

A written appearance shall be filed in every case by a party or an attorney provided that the appearance may be incorporated in the document being filed.

CRITICAL

Applies to

Distribution

Unless the share qualifies for distribution under Probate Act paragraph 25-2, a minor’s or disabled adult’s share may be distributed only to that person’s legal representative.

Except where the distributive share of a minor or a disabled adult qualifies for distribution under paragraph 25-2 of the Probate Act, distribution will be authorized only to the legal representative of such persons.

CRITICAL

Applies to

Written instrument

If a claim is allowed, a notation of the allowance must be made on the original instrument.

If the claim is allowed, a notation of the allowance shall be made on the original instrument.

CRITICAL

Applies to

Bond paperwork

Bond paperwork must continue to be processed and sent to the Courthouse.

The bond paperwork must continue to be processed and sent to the Courthouse.

CRITICAL

Applies to

Inventory

The receiver’s filed report and inventory must cover all real and personal estate property and identify which property is within the receiver’s possession or control.

Not later than 30 days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate, designating the property within his possession or control.

CRITICAL

Applies to

Refunding bond

A 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

Settlement petition

A settlement for a minor or incompetent requires an attending physician’s or surgeon’s report filed with the petition stating the injury’s nature and extent; a minor must also appear in open court unless excused for good cause.

No settlement on behalf of a minor or incompetent will be authorized unless a report of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury, and in case of minors, the minor appears in open court unless excused by the court for good cause shown.

CRITICAL

Applies to

Petition

The circuit clerk must attach the specified case-management notice to the petition and all copies.

The circuit clerk is to attach the following notice to the petition and all copies of the petition: THE CASE MANAGEMENT CONFERENCE IS SET FOR , 20 AT A.M. / P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. FAILURE TO ATTEND MAY RESULT IN A DEFAULT JUDGMENT AGAINST YOU FOR THE RELIEF SOUGHT. ALL PARTIES MUST COMPLETE OR ENROLL IN AN APPROVED PARENT EDUCATION PROGRAM BY THE CASE MANAGEMENT DATE.

CRITICAL

Applies to

Final account

A final account must state that assessed Illinois Estate Tax has been paid or that adequate provision has been made for payment.

(4) A statement that Illinois Estate Tax which has been assessed has been paid or adequate provision has been made for its payment.

CRITICALCivil cases

Applies to

Distributive share deposit

If the representative or attorney-in-fact fails, refuses, or is unable to deliver the share within 90 days or a court-granted extension, the share must be deposited with the county treasurer subject to further court order.

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

CRITICALCivil cases

Applies to

County treasurer deposit voucher or receipt

The representative or attorney-in-fact must produce and file in court the county treasurer’s voucher or receipt evidencing the deposit.

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

Report of compliance

The compliance report submitted to the court must be accompanied by a receipt or voucher evidencing payment and delivery of the distributive share to the lawful distributee.

(5) 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

Settlement petition

A petition for leave to settle the specified personal-injury or wrongful-death claim must be executed by the legal representative or another interested person.

Each petition for leave to settle a cause of action for personal injuries sustained by a ward or a cause of action for the wrongful death of a person whose estate is in the course of administration shall be executed by the legal representative or any other interested person.

CRITICAL

Applies to

Proof of professional liability insurance

Mediators must provide proof of professional liability insurance to the chief circuit judge or judicial coordinator.

Mediators must secure and maintain professional liability insurance which covers the mediation process and provide proof thereof to the chief circuit judge or judicial coordinator.

CRITICAL

Applies to

Order of denial

When a motion heard without prior notice is denied, the denial order must be entered of record and notice must be given under Rule 23(a).

If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.

CRITICALCivil cases

Applies to

Bond

Unless excused by the court, a representative or attorney-in-fact must file a suitable bond with sureties in the court-fixed amount, conditioned on paying and delivering the share to the distributee.

Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be m form prescribed by the court and furnished by the clerk filed with the Clerk of the Court and shall be conditioned upon the payment and delivery of the distributive share to the distributee.

CRITICAL

Applies to

Inventory

Inventory descriptions of bonds must include the specified value, obligor, bond, interest, maturity, coupon or interest-payment, and endorsement details.

Descriptions of bonds shall include the total face value, the name of the obligor, the kind of bond, the rate of interest, the date of maturity, the coupons attached or the date to which interest is paid and the endorsements, if any.

CRITICAL

Applies to

Final account

A final estate account must be verified and include the required statements and supporting receipts before it may be approved.

No final account of any estate shall be approved unless it shall be verified and shall include:

CRITICAL

Applies to

Guardian ad litem report

but if the representative does not employ an independent attorney, then the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

but if the representative does not employ an independent attorney, then the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

CRITICAL

Applies to

Financial affidavit

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

Written account

If the court finds a party entitled to an accounting, it must order all parties obligated to account to file written accounts.

(a) In an accounting action if the court finds a party is entitled to an accounting, it shall order all parties obligated to account to file written accounts.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem who does not recommend approval may continue in that role for a revised offer only while the representative is unrepresented, and must report recommendations on the revised offer in writing; the guardian ad litem must not privately represent an interested party or personal representative.

In the event said guardian ad litem does not recommend the approval of the proposed settlement of said claim, he shall not represent as a private attorney, any of the parties or personal representatives having an interest in said claim, but he may continue as such guardian ad litem with reference to any revised offer of settlement so long as the representative is not represented by an attorney, and shall report in writing his recommendations regarding said revised offer.

CRITICALCivil cases

Applies to

Financial affidavit

All parties in covered cases involving economic issues 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 fmancial affidavit shall be filed by all parties.

CRITICAL

Applies to

Account

An administrator’s or executor’s account must report any previously unreported change in the identity of persons entitled to a distributive share.

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.

CRITICAL

Applies to

Final account

A final account must state that assessed Federal Estate Tax has been paid or that adequate provision has been made for payment.

(5) A statement that Federal Estate Tax which has been assessed has been paid or adequate provision has been made for its payment.

CRITICAL

Applies to

Inventory

An inventory must include each real estate parcel’s legal description and, if any, its street and number.

(a) The inventory shall include the legal description of each parcel of real estate, and the street and number, if any.

CRITICAL

Applies to

Pleading

A pleading involving a child custody proceeding must place the words “CHILD CUSTODY PROCEEDING” in capital letters under its title.

A pleading involving a child custody proceeding must indicate in capital letters, under the title of the pleading, the following language: CHILD CUSTODY PROCEEDING.

CRITICAL

Applies to

Order

A person or corporation otherwise disqualified may be appointed as receiver only if the court finds the appointment serves the estate’s best interests and the order specifically states the reasons for departing from the general rule.

(b) Exception. If the court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under Section (a) of this rule may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule.

CRITICALCriminal cases

Applies to

Expungement or sealing request

Must include

proposed order, certificate of service

An expungement or sealing request must be filed with a circuit-clerk certificate of service and a proposed order.

When filing a request to expunge or seal records, a requester shall file the request, a certificate of service by the circuit clerk, and a proposed order to expunge and or seal.

WARNING

Applies to

Party objection

Party objections must use the Illinois Supreme Court-authorized objection form.

The objection shall be submitted using the Objection of Party to Request for Extended Media Coverage form authorized by the Illinois Supreme Court (Appendix B of the Policy).

WARNING

Applies to

Party objection

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

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

WARNING

Applies to

Notice of hearing or deposition

Signing a hearing or deposition notice constitutes the party's certification that they complied with Rule 28.

The signing of a notice of hearing or notice of deposition shall constitute the party’s certification of compliance with this rule.