Circuit Court of Wayne County, Illinois (2nd Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Appearance

A written appearance must state the appearing party’s or counsel’s name, address, and telephone number.

Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel.

CRITICAL

Applies to

Appearance

A pro se written appearance filed without further pleading must comply with Rule 5(a) and be acknowledged before an authorized officer.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois.

CRITICAL

Applies to

Appearance

The acknowledgment must state that the signer personally appeared and acknowledged the appearance as a free and voluntary act.

Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.

CRITICAL

Applies to

Appearance

A pro se appearance waiving notice or consenting to an immediate hearing must confirm receipt of the relevant pleading and attach it, unless a statutory or rule-prescribed form applies.

If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

CRITICAL

Applies to

Pleading or appearance

Must include

caption, case number

In civil cases, pleadings and appearances must identify the circuit, county, parties and their designations, and case number to be accepted for filing.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

CRITICAL

Applies to

Notice of motion

A motion hearing notice must identify the action, hearing date and time, and nature of the motion.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion.

CRITICAL

Applies to

Notice of motion

A motion hearing notice must include copies of the written motion and accompanying papers, or state that they were previously served.

A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

CRITICAL

Applies to

Notice of hearing

Filing a hearing notice certifies compliance with the good-faith coordination requirement.

The filing of the notice of hearing shall constitute a certification of compliance with this rule.

CRITICAL

Applies to

Exhibit list

Before trial or hearing, or at the final pretrial conference if held, each party must identify and mark each exhibit that may be offered.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list in substantially the Chief Judge’s prescribed form, including each exhibit’s identifying mark and a brief description.

Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit.

CRITICAL

Applies to

Order or judgment

Must include

proposed order

Unless the court directs otherwise, the prevailing party’s attorney must promptly prepare and present the proposed order or judgment to the court, other counsel, and any pro se parties.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.

CRITICAL

Applies to

Moving party affidavit

In matrimonial proceedings, the moving party must prepare and file the prescribed affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.

The moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.

CRITICAL

Applies to

Responding party affidavit

A responding party must file a substantially similar affidavit at the pretrial conference or at least three days before a contested hearing, with proof of service.

The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Settlement conference submission

Each party must file the prescribed financial affidavit and settlement conference memorandum and provide a copy to the opposing party at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

Applies to

Proposed order declaring heirship

Must include

proposed order

When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed heirship order reflecting the affidavit’s concluding language.

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

Affidavit of heirship

An heirship affidavit must substantially follow the Chief Judge’s prescribed form and include the information enumerated in the rule.

the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge:

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties or their agents before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.

CRITICAL

Applies to

Summons notice or court order

When remote appearance is an option, Clerk-issued summonses, notices, and court-date orders must include the listed courtroom, Zoom, dial-in, and courthouse information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

CRITICAL

Applies to

Summons notice or court order

Clerk-issued summonses, notices, and court-date orders must include the specified Rule 24 remote-appearance information language.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Summons notice or court order

Court-date summonses, notices, and orders issued and filed by private counsel must include the specified remote-appearance language.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Written appearance

Every party or counsel must file a written appearance with the name, address, and telephone number, serve a copy on all other parties who have appeared, and do so before addressing the court.

Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared. No party or attorney shall address the court before filing such written appearance.

CRITICAL

Applies to

Pro se written appearance

A written pro se appearance filed without further pleading must comply with Rule 5(a), be properly acknowledged, include the required acknowledgment statement, and, when it waives notice or consents to immediate hearing, state receipt of and attach the pleading seeking relief, subject to the statutory-form exception.

If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.

CRITICAL

Applies to

Pleading or entry of appearance

Must include

caption, case number

Pleadings and entries of appearance in civil cases must clearly identify the circuit, county, parties and case number to be accepted for filing.

In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.

CRITICAL

Applies to

Notice of hearing

Must include

caption, case number

A hearing notice must identify the action, hearing date and time, and nature of the motion.

Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion.

CRITICAL

Applies to

Notice of hearing

The hearing notice must include copies of the written motion and accompanying papers, or state that they were previously served.

A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.

CRITICAL

Applies to

Notice of hearing

Must include

caption, case number

When a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified hearing and order details on parties not in default.

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, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead.

CRITICAL

Applies to

Notice of hearing

Filing a hearing notice constitutes certification that the coordination requirement has been met.

The filing of the notice of hearing shall constitute a certification of compliance with this rule.

CRITICAL

Applies to

Exhibits

Before trial or hearing, or at a final pretrial conference if held, parties must identify and mark potential exhibits; absent a contrary court order, plaintiffs use numbers and defendants use letters.

Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list in substantially the required administrative-order form, including each exhibit’s mark and a brief description, and present two copies at trial, hearing, or a final pretrial conference.

Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.

CRITICAL

Applies to

Order or judgment

Unless the court directs otherwise, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any self-represented parties after a ruling outside trial or a final determination.

When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.

CRITICAL

Applies to

Final judgment or order

Final judgments and orders in criminal, traffic, and juvenile cases must substantially use the forms required by Administrative Order of the Chief Judge.

In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.

CRITICAL

Applies to

Custody certification and work information

Sheriffs must certify prisoners’ custody periods in substantially the required administrative-order form, and defendants in criminal and traffic cases must furnish required work schedules and other information in that form.

Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge and, when required by the court for determining periods of work release or other purposes, defendants in criminal and traffic cases shall furnish work schedules and other information in substantially the form required by Administrative Order of the Chief Judge.

CRITICAL

Applies to

Civil contempt petition

Except as otherwise provided in the Rules, an order to show cause for indirect civil contempt requires a verified petition stating its factual basis or the complainant’s open-court testimony, and either must make at least a prima facie showing of contempt.

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

CRITICAL

Applies to

Moving party affidavit

In matrimonial proceedings, the moving party must prepare and file the prescribed affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.

In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.

CRITICAL

Applies to

Responding party affidavit

A responding party must file an affidavit in substantially the same form at the pretrial conference or at least three days before a contested hearing, with appropriate proof of service.

The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Case management conference order

The court must enter a case management conference order substantially in the form required by the Chief Judge’s Administrative Order.

At any expedited, initial, continued or post-mediation conference, the court shall enter a case management conference order in substantially the form required by Administrative Order of the Chief Judge.

CRITICAL

Applies to

Financial affidavit and settlement conference memorandum

Each party must file a financial affidavit and settlement conference memorandum in substantially the required form, provide a copy to the opposing party, and do so at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

Applies to

Proof of heirship

When a petition for admission of a will or for letters of administration is filed, proof of heirship must be made by one of the three specified methods.

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; or (3) Deposition.

CRITICAL

Applies to

Affidavit of heirship

An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (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."

An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (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."

CRITICAL

Applies to

Affidavit of heirship

Must include

proposed order

When filing an affidavit under Section 5-3 of the Probate Act, the representative must submit a separate proposed Order Declaring Heirship reflecting the affidavit’s concluding language.

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

Order declaring heirship

If an order declaring heirship is incomplete or erroneous, amended proof of heirship must be made and an amended order entered.

If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.

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 the confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Statistical report

The statistical report must use the prescribed form and include the number of mediations conducted and the success ratio.

All mediators shall file a statistical report on a prescribed form with the Trial Court Administrator at least quarterly. The Trial Court Administrator shall maintain such records, which shall include the number of mediations conducted, and success ratio.

CRITICAL

Applies to

Mediation report

The progress report filed before the continued case management conference must describe mediation progress in general terms.

Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.

CRITICAL

Applies to

Intent to repudiate

An intent to repudiate must state the reasons for repudiation and be sent to the other party’s attorney, or to the party if unrepresented.

Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).

CRITICAL

Applies to

Mediation report

After mediation concludes, the mediator must file the Chief Judge’s report form with the Circuit Clerk, stating the termination date and reason and any issues resolved, without stating why the parties failed to reach agreement.

After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.

CRITICAL

Applies to

Summons, notice, or court order setting a court date issued by a Circuit Clerk’s Office

When remote appearance is an option, clerk-issued summonses, notices, and court orders setting court dates must include the listed courtroom, Zoom, dial-in, and courthouse information.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.

CRITICAL

Applies to

Summons, notice, or court order setting a court date issued by a Circuit Clerk’s Office

Clerk-issued summonses, notices, and court orders setting court dates must include the specified language directing readers to Rule 24 and the court’s website.

All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

CRITICAL

Applies to

Summons, notice, or court order setting a court date issued by private counsel

Summonses, notices, and court orders setting court dates issued by private counsel and filed in the Circuit must include the specified language about contacting the Circuit Clerk’s Office or consulting Rule 24 and the court’s website.

All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”

WARNING

Applies to

Exhibits

Unless the court orders otherwise, plaintiffs must mark exhibits with numbers and defendants must mark exhibits with letters.

Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.

WARNING

Applies to

Parenting education program

Before mediation, the parties must complete an approved parenting education program unless the court allows later completion or they previously attended one.

The parties shall complete an approved parenting education program, unless the court approves later completion or they have previously attended such a program before referral to mediation.

WARNING

Applies to

Notice of hearing

Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time with the court and opposing counsel.

It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient.

WARNING

Applies to

Mediator report

The mediator’s written report must state whether the parties reached an agreement, designate the agreement status, and be signed by the mediator.

The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.

WARNING

Applies to

Settlement agreement

Any mediation agreement must be written and signed by the parties or their agents before mediation ends, and each party must receive a copy.

If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.