Circuit Court of Washington County, Illinois (24th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Discovery response documents

Documents supplied in response to a discovery request must not be filed with the Circuit Clerk.

The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.

CRITICAL

Applies to

Receipt or voucher

Settlement receipts or vouchers must account for the full sum approved and obtained.

The receipts or vouchers shall account for the total sum approved and obtained in settlement.

CRITICAL

Applies to

Notice of hearing

Must include

caption

A hearing notice must include the caption, hearing date and time, a description and reference to the motion, and the relief sought.

The notice of hearing shall include the caption, and the date and time when the motion will be presented. The Notice shall also include a description and reference to the Motion to be presented and the relief sought.

CRITICAL

Applies to

Petition for citation

Must include

proposed order

A citation petition presented for filing must include the proposed citation, a return date coordinated with the Clerk, and a proposed order granting the petition and directing issuance of the citation.

Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.

CRITICAL

Applies to

Updated financial affidavit

When the parties agree to mediate financial issues, they must submit a signed, updated financial affidavit and the required supporting materials and property-and-debt summary to the mediator at least five days before mediation.

If financial issues are agreed to be mediated, then the parties, shall, at a minimum, within five (5) days prior to mediation, submit to the mediator an updated financial affidavit, signed by the parties with all required documentation, a summary of property and debts currently in dispute with a classification of property and debt as marital or nonmarital.

CRITICAL

Applies to

Petition

A withdrawal petition must be presented in person by a listed person responsible for or related to the ward, unless the court waives personal presentation.

A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Illinois Probate Act, or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having the responsibility of custody of the ward, unless personal presentation is waived by the court.

CRITICAL

Applies to

Motion

When necessary to decide a motion, copies of all relevant discovery materials must be attached as exhibits and filed with the Clerk.

When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.

CRITICAL

Applies to

Stipulation

A stipulation to mediate must be incorporated into an order of referral.

Such stipulation shall be incorporated into an order of referral.

CRITICAL

Applies to

Bond

A surety offered as an individual must state their residence address below their signature on the bond.

When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature,

CRITICAL

Applies to

Heirship affidavit

(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or "A, nephew of decedent, being a son of B, predeceased sister of the decedent." (9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or "A, nephew of decedent, being a son of B, predeceased sister of the decedent." (9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.

CRITICAL

Applies to

Petition to probate

For a will written in a language other than English, the petitioner must file an English typewritten copy and a qualified translator’s certification with the probate petition.

(b) Will in Language Other than English. When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.

CRITICAL

Applies to

Petition to probate

A petition to admit any other will to probate must include a copy of the will the petitioner believes to be the testator’s valid last will, in addition to statutory requirements.

(c) All Other Wills. In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.

CRITICAL

Applies to

Mediator report

The Mediator Report must state the mediation outcome, session details and attendees, termination or suspension status, fee information, recommendations, relevant nonprivileged information, and whether any party lacked counsel.

A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date (if mediation has completed) and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties; (2) The number and duration of sessions conducted to date and the names of those in attendance; (3) Whether mediation has been terminated or suspended. (4) The fee charged, whether that fee has been paid in full and, if not so, the outstanding amount owed. For any outstanding amount owed, the court may direct the parties to pay said amount and establish what percentage each party will pay; (5) Whether any additional mediation sessions are recommended; (6) Other relevant information not considered privileged or confidential under these rules or the Uniform Mediation Act 710 ILCS 35/1 et seq which is adopted and incorporated herein to the extent same is not inconsistent with the procedural rules set forth in this mediation program; (7) Whether any of the parties did not have legal counsel.

CRITICAL

Applies to

Discovery request copy

A copy of an original discovery request must not be filed with the Clerk.

A copy of the request shall not be filed with the Clerk of the Court.

CRITICAL

Applies to

Heirship affidavit

When filing a Probate Act Section 5-3 heirship affidavit, the representative must submit a separate proposed Order Declaring Heirship to the Circuit Clerk that reflects the affidavit’s concluding language.

(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.

CRITICAL

Applies to

Verified affidavit

At the court’s request, an individual surety must furnish a verified affidavit stating that their net assets equal or exceed the bond amount.

and when requested by the court, shall furnish a verified affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond.

CRITICAL

Applies to

Discovery service certification

Counsel must file a certification describing the discovery requests and showing service on the directed party.

Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court.

CRITICAL

Applies to

Financial affidavit

Unless the Court orders otherwise, parties in the specified family cases must file a Financial Affidavit.

Unless otherwise ordered by the Court, the parties shall file a Financial Affidavit in all family cases where there is a dispute involving allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto.

CRITICAL

Applies to

Written notice of hearing

A written notice after a motion hearing without prior notice must identify the action, judge, hearing date, and whether the motion was granted or denied.

If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto;

CRITICAL

Applies to

Petition

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

A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.

CRITICAL

Applies to

Initial pleadings

If child custody or allocation of parental responsibilities is disputed, the plaintiff must inform the Court when filing the initial pleadings or as soon afterward as the dispute becomes known.

If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.

CRITICAL

Applies to

Bond

The representative’s bond must be in writing and signed by the representative, even when security is excused.

Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.

CRITICAL

Applies to

Statement of proposed apportionment

If property apportionment is disputed, the parties must submit a proposed-apportionment statement itemizing all claimed marital and non-marital property and estimating each item's fair cash market value.

If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.

CRITICAL

Applies to

Mediator report

The mediator’s report must be in the form prescribed by the Chief Judge and state whether the parties reached an agreement.

Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.

CRITICAL

Applies to

Statement of proposed apportionment

If apportionment of marital debt is disputed, the statement must propose its apportionment and list any non-marital debt for which either party is currently liable.

If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.

CRITICAL

Applies to

Statement of proposed disposition

When any issues are disputed, each party must file a written proposed-disposition statement addressing both agreed and contested issues.

if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested)

CRITICAL

Applies to

Order approving settlement

An order approving settlement must provide for distribution of the funds and filing signed recipient vouchers.

(d) Order Approving Settlement. The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court.

CRITICAL

Applies to

Proof of heirship

When a petition for admission of a will or letters of administration is filed, heirship must be proved by either written, court-certified witness testimony filed with the clerk or an affidavit under Probate Act Section 5-3.

(a) Manner of Proving Heirship. When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.

CRITICAL

Applies to

Verified petition

A verified petition establishing that there are no children of the marriage, no pending adoption contracts, and neither party is pregnant must be on file for the court to grant a proposed judgment without either party appearing in person.

There is on file a verified petition establishing that there are no children born of the marriage, that there are no pending contracts for adoption and that neither party is currently pregnant.

CRITICAL

Applies to

Verified petition

A verified petition must be filed for covered settlements involving a minor or ward and must include the occurrence, defendant, insurance, injury, expense, and current medical-report information listed.

To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal (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 liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis.

CRITICAL

Applies to

Exhibit index

Any exhibit index must state the number of pages in each exhibit.

An index of exhibits, if any, shall be included that states the number of pages for each exhibit;

CRITICAL

Applies to

Petition to probate

For a handwritten will, the petitioner must file a typewritten copy with the probate petition and an affidavit confirming its accuracy to the best of the affiant’s knowledge.

(a) Holographic Will. When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.

CRITICAL

Applies to

Motion

A motion to terminate mediation must be supported by an affidavit stating specific supporting facts.

Any such motion must be supported by an affidavit setting forth specific facts as to why mediation should be terminated.

CRITICAL

Applies to

Order approving settlement

For annuity payments or income payable before a minor reaches majority, the settlement order must direct payment to the minor’s estate, restrict withdrawals without court leave, and require the guardian to file proof of distributions.

Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.

CRITICAL

Applies to

Discovery compliance certification

Counsel must file a certification of discovery compliance that describes the documents filed in response to the request.

Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made.

CRITICAL

Applies to

Petition for citation

The Clerk must reject a citation petition that is not accompanied by the proposed citation or proposed order.

If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing’s time, date, place, and nature, and include the specified or substantially similar language.

The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar state account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this

WARNING

Applies to

Petition

The petitioner may be required to provide evidence that the withdrawal or proceeds are necessary for the ward’s or the ward’s dependents’ benefit.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.

WARNING

Applies to

Financial affidavit

If a Financial Affidavit was filed for a temporary-relief hearing, no additional affidavit is required before the permanent-relief hearing unless something in it has substantially changed.

If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.

WARNING

Applies to

Proof of heirship

Heirship may be proved by any person with sufficient knowledge of the facts needed to determine heirship.

(b) Proof of Heirship. The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.

WARNING

When the stated conditions apply, the court may direct a minor’s all-money distributive share to be deposited and paid out under the cited statute upon an under-oath showing that doing so is in the minor’s best interests.

If a minor is entitled to a distributive share of a decedent's estate and: (1) The share consists entirely of money, and (2) No guardian has been appointed for his estate, the Court, upon a showing under oath that it is in the best interests of the minor, may direct the distributive share to be deposited and paid out in accordance with Section 24-21 of the Illinois Probate Act.

INFO

Applies to

Accounting

A receipt from the bank or other financial institution serves as a voucher for accounting purposes.

A receipt of the bank or other financial institution is a voucher for accounting purposes.

INFO

Applies to

Discovery service certification

Identical discovery requests made to multiple parties may be covered in a single certification.

If identical requests are made of multiple parties, they may be included in one certification.

INFO

Applies to

Stipulation

Parties may file a written stipulation to mediate any issue at any time.

In addition, the parties to any such matter may file a written stipulation to mediate any issue between them at any time.