Circuit Court of Whiteside County, Illinois (14th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Agreed order

Must include

proposed order

If the case resolves before trial, the parties must provide the court with an agreed custody order and parenting plan.

If this case is resolved before trial, the parties shall provide the court with an Agreed Order regarding custody and an agreed parenting plan.

CRITICAL

Applies to

Notice of hearing

The notice must include phone numbers and email addresses for everyone intending to appear remotely.

Phone numbers and email addresses for all persons intending to appear remotely MUST be contained on said notice.

CRITICAL

Applies to

Notice of hearing

Notices for qualifying or court-authorized remote hearings must provide for in-person, telephone, or videoconference appearances.

Remote hearings MAY occur using telephonic communication or an electronic video conferencing platform (Zoom being the default platform), at the discretion of the assigned judge, PROVIDED that ALL notices for hearings which qualify for telephonic/video conference participation, or hearings which have been specifically authorized by the court for remote participation, shall provide for parties to appear either in-person, by telephone, or by videoconference.

CRITICAL

Applies to

Notice of hearing

A request for a court reporter for a hearing scheduled at a pretrial conference or walk-in appearance must be noted on the hearing notice.

In the event that a person requests a court reporter for such a hearing scheduled by the court at a pretrial conference or “walk-in” appearance, that request MUST be noted on the hearing Notice.

CRITICAL

Applies to

Notice of hearing

A hearing notice must identify the action’s title and number and state when and where the motion will be presented.

The notice of hearing shall show the title and number of action and the date and time and place when the motion will be presented.

CRITICAL

Applies to

Case management statement

The parties must file and exchange a statement addressing the listed Rule 218(a)(1)–(10) factors no later than the initial case management conference.

(b) The parties shall file and exchange no later than the initial case management conference as statement addressing those factors enumerated in Supreme Court Rule 218(a) (1) through (10).

CRITICAL

Applies to

Notice of hearing

Written notice after an unannounced motion hearing must state the action title and number, judge, hearing date, and whether the order 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 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 obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead and proof of service thereon shall be filed with the clerk within two days after the hearing.

CRITICAL

Applies to

Witness list

The parties must provide the Court and opposing counsel a list identifying all witnesses they intend to call at trial.

The parties shall provide the Court and opposing counsel with a typewritten list identifying all witnesses who a party intends to testify during the trial.

CRITICAL

Applies to

Exhibit

At the pretrial conference, the parties must produce and pre-mark the exhibits they expect to offer, unless an exhibit is too cumbersome or unavailable then.

At the pre-trial conference with the Court, the parties shall produce all of the exhibits (unless too cumbersome or unavailable at the time of the pre-trial conference) they expect to offer in evidence. Each exhibit shall be pre-marked for identification by the attorneys or parties.

CRITICAL

Applies to

Exhibit list

At the pretrial conference, each represented party's attorney or unrepresented party must submit a typed, numerically itemized exhibit list with columns for the Court and parties to record each exhibit's trial status.

In addition, the attorneys for the parties or any party not represented by an attorney is required to submit at the pre-trial conference a typed "Exhibit List" which shall identify all exhibits intended to be offered by each party, itemizing such exhibits numerically by their identifying number. The exhibit list shall provide columns on the right hand side for notation by the Court and parties during trial as to whether each exhibit is "Identified," "Admitted," "Refused," or "Reserved".

CRITICAL

Applies to

Trial memorandum

The parties must submit a written trial memorandum addressing anticipated factual and evidentiary issues with legal authority and argument, and identifying any particularly significant statutory or legal interpretation issue.

The parties shall submit a written trial memorandum. The pre-trial memoranda shall include factual and evidentiary issues which are anticipated to arise during the trial and provide both ===== PAGE 12 ===== legal authority and argument to assist the Court in reaching required rulings on these issues. If the application or interpretation of a statute or rule of law is deemed of particular significance by counsel for any party or by a pro se litigant, such matter shall be called to the Court's attention in this trial memorandum.

CRITICAL

Applies to

Voir dire questions

The parties must submit requested questions for the Court to ask prospective jurors during voir dire.

Parties shall submit a list of questions which they request the Court to ask prospective jurors during voir dire examination.

CRITICAL

Applies to

Statement of case

In jury trials, each party must provide a typed statement of the case for the Court to read to the jury.

In jury trials, each party shall provide a typed statement of the case to be read by the Court to the jury.

CRITICAL

Applies to

Proposed jury instructions

Each side must present its proposed jury instructions to the Court at the pretrial conference and exchange them with opposing counsel.

Proposed jury instructions shall be presented by each side to the Court at this pre-trial conference and exchanged with opposing counsel.

CRITICAL

Applies to

Proposed jury instructions

Supporting case citations must be attached to any tendered non-I.P.I. instruction.

If any non I.P.I. instructions are tendered, case citations are to be attached regarding supporting authority.

CRITICAL

Applies to

Evidence deposition index

The index accompanying evidence depositions must be typed and identify the page and line of each unresolved objection.

Unless otherwise ordered, all evidence depositions shall be presented to the trial judge no later than 10 days prior to the pre-trial conference together with a typed index showing page and line of any unresolved objections.

CRITICAL

Applies to

Rule 213 disclosure

For each Rule 213(f)(1), (2), or (3) witness who will testify live at trial, the calling party must provide the Court at the final pretrial conference copies of the witness's Rule 213(f) disclosure and discovery supplements.

For each Supreme Court Rule 213(f) (1), (2), and (3) witness that will be called live at trial to testify, the party calling that witness shall provide to the court at the final pretrial conference a copy of the Supreme Court Rule 213(f) disclosure and supplements provided in discovery for that witness.

CRITICAL

Applies to

Discovery deposition and index

For each Rule 213(f)(2) or (f)(3) witness called live at trial, the calling party must provide the Court at the final pretrial conference any discovery deposition and an index locating the Rule 213(f) opinions by line and page.

For each (f)(2) and (f)(3) witness called live at trial, the party calling the witness shall also provide to the court at the final pretrial conference: (1) A copy of the discovery deposition (if one was taken); (2) A discovery deposition index showing line and page number for the Supreme Court Rule 213(f) opinions contained in the deposition.

CRITICAL

Applies to

Receiver inventory

The receiver’s inventory must detail all real and personal estate property and identify what is within the receiver’s possession or control.

No 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 and designating the property within his possession or control.

CRITICAL

Applies to

Motion

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

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

Receiver 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.

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

Schedule of property

Unless the Court excuses the requirement, sureties must execute and file schedules of property in a Court-approved form.

Unless excused by the Court, sureties shall execute and file schedules of property in a form approved by the Court.

CRITICAL

Applies to

Bond

A bond backed by a licensed corporate or association surety is approved only if its current certified authority is on file with the Clerk and verified authority documents for all bond signers are attached.

Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety's authority to transact business in the State, as issued by the Director of Insurance, is on file with the Clerk of the Court and verified power of attorney of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.

CRITICAL

Applies to

Estate annual report

Each estate report must identify the estate attorney and representative and include a proposed closing schedule and an explanation of any issues delaying closure.

Each report filed shall contain the name, address, and telephone number of the attorney for the estate and the representative. The report shall include a schedule for the closing of the estate and an explanation of any problems which would delay closing.

CRITICAL

Applies to

Child custody affidavit

A child custody affidavit must be filed in cases involving guardianship of a minor, as required by 750 ILCS 36/209.

In cases involving the guardianship of a minor, a child custody affidavit shall be filed as required by 750 ILCS 36/209. (See Appendix of Forms of the Fourteenth Judicial Circuit, Form 9(a) [as the same may be from time to time amended]).

CRITICAL

Applies to

Child custody affidavit

In covered custody or parental-responsibility proceedings, a child custody affidavit must be on file before an order affecting custody, visitation, parental responsibilities, or parenting time is entered.

In any proceeding wherein a custody or allocation of parental responsibilities determination is to be made by the Court or wherein the Court is asked to approve an agreed stipulation for modification of a previous custody or allocation of parental responsibilities determination, there shall be on file prior to the entry of an order affecting custody, visitation, allocation of parental responsibilities or parenting time, a child custody affidavit as required by 750 ILCS 36/209. (See Appendix of Forms of the Fourteenth Judicial Circuit, Form 9(a) [as the same may be from time to time amended]).

CRITICAL

Applies to

Financial affidavit

Parties in the specified 750 ILCS proceedings must file a financial affidavit when the requested relief includes property distribution, maintenance, child support, qualifying attorney fees, or allowable court costs.

In all proceedings for dissolution of marriage, legal separation, declaration of invalidity of marriage, or other actions brought under 750 ILCS where the relief sought includes a request for any of the following: 1. Property distribution; 2. Temporary, permanent, or rehabilitative maintenance; 3. Temporary or permanent child support; 4. Attorneys' fees (actions where sought based on the ability of one party to pay and the inability of other party to pay); or 5. Allowable court costs; ===== PAGE 16 ===== the parties shall file a financial affidavit.

CRITICAL

Applies to

Initial pleading

A party must file the financial affidavit with its initial pleading.

A financial affidavit shall be filed with a party’s initial pleading.

CRITICAL

Applies to

Financial affidavit

If a previously filed financial affidavit is no longer accurate, amendments must be filed and served in a timely manner.

If the financial affidavit previously filed is no longer accurate, amendments shall be timely filed and served.

CRITICAL

Applies to

Pretrial memorandum

Before a contested second-half hearing on a dissolution, legal separation, or invalidity petition, the parties and their attorneys must submit the joint pretrial memorandum in Form 9(d) 1.

Before a contested second half hearing on a petition for dissolution of marriage, legal separation, or declaration of invalidity can be heard, the parties and their respective attorneys shall submit their joint pre-trial memorandum as set forth in the Appendix of Forms of the Fourteenth Judicial Circuit as Form 9(d) 1 (as the same may from time to time be amended).

CRITICAL

Applies to

Parenting plan

Before a contested hearing on parental responsibilities or parenting time, the parties and their attorneys must submit a joint parenting plan and an appendix stating each party’s position on disputed issues.

Before a contested hearing on allocation of parental responsibilities and/or parenting time, the parties and their respective attorneys shall submit a joint parenting plan setting forth the agreements of the parties along with an appendix setting forth the parties’ respective positions on issues in dispute.

CRITICAL

Applies to

Agreed order

An agreed order affecting support or maintenance must recite the parties’ gross and net monthly income; an uncontested or agreed matter may proceed without a pre-trial memorandum.

Any matter which is uncontested or agreed may be set and heard without the necessity of a pre-trial memorandum being filed; but in all cases the agreed order shall contain recitations regarding the parties’ gross and net monthly income, as the same are defined by 750 ILCS 5/505 if the Order affects issues of support or maintenance.

CRITICAL

Applies to

Pleadings

Attorneys must include their email address on pleadings.

All attorneys shall post their email address on the pleadings.

CRITICAL

Applies to

Mediation confidentiality agreement

All mediation participants, representatives, observers, and mediators must sign a confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants, representatives, observers and mediators in the mediation shall sign a confidentiality agreement.

CRITICAL

Applies to

Draft order

Unless the Court directs otherwise, the prevailing party’s attorney must prepare and present a written draft order within 10 court days.

In all court proceedings in which an order is to be submitted, the attorney for the prevailing party shall prepare and within 10 court days present to the Court a written draft of the order, unless the Court directs otherwise.

CRITICAL

Applies to

Notice of hearing

Specified hearing notices must include the required arrest-warrant warning in bold or underlined text.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing where a warrant of arrest may issue for a party's failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type or underlined: "Your failure to appear at this hearing may result in the issuance of a warrant for your arrest."

CRITICAL

Applies to

Contempt petition

A contempt petition must identify whether the proceeding is civil or criminal and state the relief sought.

Any petition alleging contempt shall state whether it is civil or criminal in nature and the relief sought.

CRITICAL

Applies to

Petition for adjudication of indirect criminal contempt

An indirect criminal contempt proceeding begins with a filed petition that is verified and describes the alleged conduct with particularity.

An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

CRITICAL

Applies to

Judgment order

Upon adjudication of contempt, the Court must enter a written judgment order stating the factual basis and sanctions imposed.

(h) Written order required. Upon adjudication of contempt, the Court shall enter a written judgment order setting forth the factual basis for the finding and specifying the sanctions imposed.

CRITICAL

Applies to

Petition for adjudication of civil contempt

A civil contempt proceeding arising from a civil case must be initiated by a verified petition detailing the allegedly violated portion of the order and the nature of the violation, unless the act occurred in the Court’s presence.

A civil contempt proceeding arising out of a civil case shall be initiated by the filing of a petition for adjudication of civil contempt unless the act is committed in the presence of the Court. The petition shall be verified and shall set forth with particularity that portion of the Court order that is alleged to have been violated and the nature of the violation.

CRITICAL

Applies to

Judgment order

A written judgment order following an adjudication of civil contempt must specify the contumacious conduct, sanctions, and means of purging the contempt.

Upon an adjudication of civil contempt, a written judgment order shall be entered specifying the contumacious conduct, sanctions imposed, and the means by which the respondent may purge himself.

CRITICAL

Applies to

Complaint or counterclaim

Every complaint or counterclaim must state specific prayers for relief, subject to the stated exception for personal-injury actions.

Every complaint or counterclaim filed shall contain specific prayers for relief except that in actions for injury to the person, the ad damnum may be pleaded except to state whether the damages sought are greater than $5,000 but not exceeding $50,000.

CRITICAL

Applies to

Complaint and summons

The complaint and every summons must display the specified arbitration-case notice in uppercase at the upper-right corner.

The complaint and all summonses shall state in upper case letters on the upper right-hand corner “THIS IS AN ARBITRATION CASE.”

CRITICAL

Applies to

Summons

The summons must require the plaintiff or the plaintiff’s representative and all defendants or their representatives to appear at the indicated time and place.

The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated.

CRITICAL

Applies to

Mediator report

The mediator must file a written, signed report stating whether the parties reached a full, partial, or no agreement.

The mediator shall report to the court in writing whether or not an agreement was reached by the parties, within 14 days after the last day of the mediation conference. The report shall designate, “full agreement”, “partial agreement” or “no agreement”. This report shall be signed by the mediator and shall be filed with the Circuit Court Clerk within fourteen (14) days after the last day of mediation conference.

CRITICAL

Applies to

Court annexed mediation forms

Four specified forms must be used in court-annexed mediation.

The following forms shall be used in conjunction with court-annexed mediation: 1. Order of Referral to Court-Annexed Mediation 2. Confidentiality Agreement and Non-representative Acknowledgment 3. Mediation Held/No Agreement Resulted 4. Memorandum of Agreement

CRITICAL

Applies to

Confidentiality agreement

The parties must sign a Confidentiality Agreement before the first mediation conference, and it must become part of the court record.

All discussions, representations and statements made at the mediation conference shall be privileged consistent with the Confidentiality Agreement to be signed on behalf of each party prior to the commencement of the first mediation conference. The Confidentiality Agreement shall be made a part of the court record in the case.

WARNING

Applies to

Motion

Each motion and each basis for it must identify the governing Code of Civil Procedure section or Supreme Court Rule number.

Every motion, and each basis in the motion, brought pursuant to the Code of Civil Procedure or Supreme Court Rule shall be identified by the Code of Civil Procedure section and/or the Supreme Court Rule number under which it is brought.

WARNING

Applies to

Affidavit

Affidavits supporting the resistance must be filed as provided in 735 ILCS 5/2-1005(c).

Any affidavits in support of the resistance shall be filed as set forth in 735 ILCS 5/2-1005 (c).

WARNING

Applies to

Motion for additional pages

Motions for additional pages are disfavored and must include a supporting affidavit clearly stating specific grounds showing why the extra pages are necessary.

Motions to allow additional pages are not favored, and specific grounds establishing the necessity for excess pages shall be clearly set forth in an affidavit filed in support of the motion.

WARNING

Applies to

Notice of hearing

The party scheduling a telephonic hearing must serve and file a notice of hearing unless the parties waive notice, and must initiate and pay for the call unless the parties agree otherwise or the court orders otherwise.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties, and that party shall initiate and pay for the call unless otherwise agreed between the parties or ordered by the Court.

WARNING

Applies to

Form

Inapplicable alternatives printed on forms must be deleted before filing.

(i) Inapplicable alternatives printed on the forms shall be deleted prior to filing.

WARNING

Applies to

Draft order

If the opposing party is represented, the draft order must be presented to that counsel for examination before entry unless the Court directs otherwise.

When the opposing party is represented by counsel, the draft order shall be presented to counsel for examination before entry by the Court, except when otherwise directed by the Court.

WARNING

Applies to

Agreed order

An order agreed to in substance must be designated as agreed and executed by the affected parties or their representatives or attorneys.

An order agreed as to substance shall be so designated and executed by the affected parties, their representatives or attorneys.

INFO

Applies to

Mediation summary

An attorney seeking confidentiality for the summary should notify the mediator in writing when filing it.

If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed.

CRITICAL

A notice of motion must state the nature of the motion.

Notice of motion to be made shall state the nature of the motion.

CRITICAL

Each party must provide a numbered list of all instructions for the Court and parties to record whether each is withdrawn, given, or refused during trial.

Each party shall also provide a document listing all instructions by number (such as, "Plaintiff's Tendered Instruction No. 1"), by the Court and parties during trial as to whether each instruction is "Withdrawn" "Given" or "Refused".

CRITICAL

Applies to

Motion

A motion to remove a case from the strike list must include a proposed Case Management Order.

The motion must include a proposed Case Management Order.

CRITICAL

Applies to

Written judgment order

When sanctions are imposed for direct criminal contempt, the Court must enter a written judgment order stating the factual basis and specifying the sanctions.

Upon imposition of sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions imposed.

CRITICAL

Documents offered under this provision must be accompanied by a summary cover sheet listing each item, categorizing the money damages, and stating whether each bill is paid or unpaid.

All documents referred to under this provision shall be accompanied by a summary cover sheet listing each item that is included detailing the money damages incurred by the categories as set forth in this rule and specifying whether each bill is paid or unpaid.

CRITICAL

A party intending to use an expert opinion or testimony must provide written notice and a statement identifying the expert and supplying the specified information required by Rule 222(d)(6).

(d) Opinions of Expert Witnesses. A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than 30 days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert’s qualifications, the subject matter, the basis of the expert’s conclusions, and the expert’s opinion as well as any other information required by Rule 222(d)(6).

WARNING

The court may refuse to consider a document that does not comply with the motion-practice requirements.

Failure to comply with this rule shall be sufficient grounds for the Court's refusal to consider the offending document.

WARNING

The mediator must complete the Statistical Termination Record after each mediation case ends.

Please complete this form following the termination of each mediation case that you conduct.