12th Judicial Circuit Court, Will County, Illinois Document Filing Requirements

CRITICAL

Applies to

Supplementary proceedings

Must include

case number

Supplementary proceedings to enforce money judgments must be filed under the original case number.

All supplementary proceedings to enforce money judgments shall be filed under the original case number

CRITICAL

Applies to

Rule or order copy

A served copy of a rule or order must include the obtaining party's attorney's certificate that it is a true and correct copy of the entered rule or order.

The copy of a rule or order served upon any person shall be accompanied by the certificate of the attorney for the party obtaining the rule or order that it is a true and correct copy of the rule or order entered.

CRITICAL

Applies to

Order appointing mediator

The order appointing a mediator must be in writing.

The order appointing a mediator shall be in writing.

CRITICAL

Applies to

Notice of hearing

A copy of the motion and a statement that it was previously served on all counsel of record must accompany the notice and be filed with the Clerk.

a copy of the motion and a statement that it has previously been served upon all counsel of record shall be served with the notice and filed with the Clerk.

CRITICAL

Applies to

Sworn petition

A sworn petition in a minor’s or disabled person’s personal-injury case must state the terms of employment and include supporting contracts or correspondence, explain the basis for the requested fees and their compliance with the cited rule, and identify any special circumstances bearing on fees.

D. In minor's or disabled person's personal injury cases, the attorney representing the minor or the ward in a sworn petition, shall include: - 1. Terms of employment, with copy of all contracts or correspondence verifying same. - 2. Statement that the fees sought comply with Article VIII of the Illinois Code of Professional Responsibility Rule 1.5 and the basis thereof. - 3. Any special circumstances which might bear on the question of fees.

CRITICAL

Applies to

Appointment order

An order appointing an attorney must designate each party’s percentage of the fee and, if applicable, whether the fee is reduced or deemed pro bono.

- 6. The order shall designate the percentage of the attorney's fee to be paid by each party, and, if applicable, whether the fee shall be reduced or deemed pro bono.

CRITICAL

Applies to

Proposed deed

Following entry of the order confirming sale, the purchaser must prepare and forward a proposed deed for signature, along with a copy, to the Court's Auctioneer.

A proposed Deed for signature by the Sheriff of Will County, the Court’s Auctioneer, or the Court and a copy thereof;

CRITICAL

Applies to

Confidentiality agreement

The parties must complete a mediator-prepared confidentiality agreement before mediation begins.

The parties shall complete a confidentiality agreement, prepared by the mediator, prior to the start of mediation.

CRITICAL

Applies to

Settlement agreement

Any agreement reached in mediation must be written and signed by the parties and their counsel, if any, at the conclusion of mediation.

If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation.

CRITICAL

Applies to

Bid

Each bid must be accompanied by a cashier's, certified, or law firm check for the sale costs.

All bids shall be accompanied by a cashier's, certified, or law firm check for the costs of the sale.

CRITICAL

Applies to

Inventory

A filed inventory must clearly and concisely describe each item of real and personal estate so that every asset is properly identified.

Inventories filed with the court shall clearly and concisely describe each item of real and personal estate in such manner as to properly identify each asset.

CRITICAL

Applies to

Petition or motion

Every filed petition or motion must include proof of notice of its filing or presentation date.

- B. Every petition or motion filed must be accompanied with proof of notice of its filing or presentation date.

CRITICAL

Applies to

Surety property schedule

Unless the court excuses them, 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

Early distributive share payment request

Authority for a representative to pay a distributive share before six months after issuance of letters may be granted only after the inventory is filed.

- I. Authority to a representative to pay all or part of the distributive share before six (6) months after issuance of letters will be granted only after filing of the inventory.

CRITICAL

Applies to

Representative discharge

Before the representative is discharged, the court must be presented with the representative’s statement addressing payment or nonapplicability of death taxes.

- H. Before the discharge of the representative, there shall be presented to the court a statement from the representative that all death taxes have been paid or provided for, or that the estate is not subject to death taxes.

CRITICAL

Applies to

Appointment order

An order appointing an attorney must include a designated retainer fee.

- 5. The order shall include a designated retainer fee for the appointed attorney.

CRITICAL

Applies to

Appointment order

An order appointing an attorney must identify the attorney’s hourly rates.

- 4. The order shall identify the hourly rates of the appointed attorney.

CRITICAL

Applies to

Mediation report

If mediation does not produce an agreement, the mediator must report that outcome to the court without comment or recommendation.

If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation.

CRITICAL

Applies to

Witness statement or affidavit

Witness statements and affidavits must state the witness’s name, address, and telephone number.

Statements and affidavits of witnesses shall set forth the name, address and telephone number of the witness.

CRITICAL

Applies to

Sheriffs deed

The grantee is responsible for recording the Sheriff's Deed after it is returned for recording.

After execution by the Sheriff or the Court's Auctioneer, the Sheriff's Deed and Real Estate Transfer Declaration(s) will be returned to the grantee for recording, and it shall be the obligation and expense of the grantee to record the Sheriff's Deed.

CRITICAL

Applies to

Personal representative bond

A personal representative’s bond must be filed unless the law provides otherwise.

The filing of a bond of a personal representative may not be waived, except as provided by law.

CRITICAL

Applies to

Real estate transfer declaration

The purchaser must prepare and forward a completed state or municipal Real Estate Transfer Declaration, or a declaration of exemption, if the Recorder of Deeds requires it.

A completed state and / or municipal Real Estate Transfer Declaration or a declaration of exemption if required by the Recorder of Deeds.

CRITICAL

Applies to

Motion for default judgment

Must include

certificate of service

Except in small claims cases, a motion for default judgment for failure to answer must include a moving-party certificate confirming the Court file reflects service, its mode, and its date, filed with the Circuit Clerk in substantially the Court-approved form.

Except in small claims cases, a motion for entry of default judgment for failure to answer shall be supported by a certificate of the moving party, certifying that the Court file reflects service, the mode of service and the date of service. Said certificate shall be in substantially that form as approved from time to time by the Court and filed in the office of the Circuit Clerk.

CRITICAL

Applies to

Appointment order

An order appointing an attorney must expressly identify the issues the attorney is to address.

- 2. The order shall expressly identify what issues are to be addressed by the attorney.

CRITICAL

Applies to

Motion

All motions must be in writing.

All motions shall be in writing

CRITICAL

Applies to

Assignment or power of attorney

An assignment or power of attorney signed by an estate distributee must be filed with and approved by the court before distribution may be made under it.

No distribution shall be made pursuant to an assignment or a power of attorney signed by a distributee of an estate unless the assignment or power of attorney has been filed with and approved by the court.

CRITICAL

Applies to

Receiver attorney employment motion

A receiver may employ an attorney only by court order on a 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

Affidavit of heirship

An Affidavit of Heirship concerning unknown heirs must state that a reasonable effort was made to identify them.

An Affidavit of Heirship in the case of unknown heirs shall contain a statement that a reasonable effort has been made to ascertain the identity of unknown heirs.

CRITICAL

Applies to

Summary judgment opposition

Each party opposing a summary-judgment motion must serve and file any opposing affidavits and other materials supporting the opposition.

Each party opposing a motion pursuant to 735 ILCS 5/2-1005 shall serve and file: - a. Any opposing affidavits and other materials in support of their opposition of the motion;

CRITICAL

Applies to

Mediation notice

The Clerk must provide a mediation notice with the summons informing defendant borrowers of the mandatory mediation program.

The Clerk shall furthermore provide a form, to be included with the summons, notifying the defendant borrowers of the mandatory mediation program, which form must be served upon the defendants with the summons and evidenced by a proof of service the same as the summons.

CRITICAL

Applies to

Assignment of certificate of sale

Every assignment of a certificate of sale must be recorded with the Will County Recorder of Deeds before the Sheriff or Court's Auctioneer signs a deed.

All assignments of the certificate of sale must be recorded with the Will County Recorder of Deeds before a deed is signed by the Sheriff or the Court’s Auctioneer;

CRITICAL

Applies to

Order

The settlement or judgment order must require presentation of a Probate Judge's order authorizing receipt of the distributable amount and approving the required bond or other security before payment.

The order approving the settlement or the order entering the judgment shall provide that the amount distributable to the representative appointed by the Probate Judge for distribution under the Wrongful Death Act shall be paid only upon the presentation of an order entered by the Probate Judge authorizing the representative to receive the distributable amount and approving the bond or other security required in connection therewith.

CRITICAL

Applies to

Order confirming sale

After the auctioneer files the sale report, the Plaintiff must present an order confirming sale for Court approval with the required supporting documents, including the listed notices and proofs and, if applicable, deficiency-judgment proof.

Following the filing of the report of sale by the Court’s Auctioneer, the plaintiff shall be responsible for presenting to the Court for approval an order confirming the sale with all necessary supporting documents, including but not limited to, proof of publication, notice of sale, and notice of motion for presentation of the order confirming sale, a copy of the certificate of sale, and if applicable, all proof required by the Court for the entry of a deficiency judgment.

CRITICAL

Applies to

Petition

When filing a petition under Section 11a-18 (a-5), the petitioner must certify that, to the best of the petitioner’s knowledge and belief, all interested persons received notice of the hearing.

- 1. Upon filing a petition under the provisions of Section 11a-18 (a-5) of the Probate Act, the petitioner shall certify to the Court that to the best of the petitioner's knowledge and belief all interested persons have been given notice of such hearing.

CRITICAL

Applies to

Order appointing mediator

The order appointing a mediator must identify the mediator's hourly rates for mediation and administrative charges.

The order shall identify the hourly rates of the appointed mediator for mediation and administrative charges.

CRITICAL

Applies to

Pleading

Must include

caption

Each cause must identify the property index number, owner, and party seeking relief in the caption, except that specified tax matters must state those details in the pleading body.

The caption of each cause shall bear the Will County Property Index Number for the parcels of real estate for which relief is sought or otherwise affected by the proceedings, the name of the owner thereof and the party seeking the relief; except, those cases relating to corporate levy and rate objections and Petitions for Certificates of Error which shall set forth the Property Index Number, name of the owner, and party seeking relief in the body of the pleading filed.

CRITICAL

Applies to

Order approving structured settlement

When a minor’s structured-settlement payments start after the minor’s eighteenth birthday and the minor may be a disabled person upon reaching majority, the approval order must include the specified guardian-report language.

Orders Approving Structured Settlements Shall Contain One Form of the Following: If it appears to the Court at the time of settlement that a minor, upon obtaining his majority, may also be a "disabled person," the following language shall be included in order of approval of a structured settlement: ## A. Settlement- Payments to Minor Starting Beyond 18th Birthday "It is further ordered that, after approval by the Probate Judge, the Court shall receive from the guardian a report as to the physical and mental condition of the minor on or before (date of majority) to determine if a hearing shall be had to adjudicate whether or not the minor, _____, should be declared a 'disabled person' and an estate opened and further payments be made to such duly appointed guardian."

CRITICAL

Applies to

Written certification

Once an applicant is approved and added to the list of mediators, they shall annually submit written certification of their continued compliance with the above criteria and upon request of the Chief Judge's Office, provide proof of same.

Once an applicant is approved and added to the list of mediators, they shall annually submit written certification of their continued compliance with the above criteria and upon request of the Chief Judge's Office, provide proof of same.

CRITICAL

Applies to

Order appointing mediator

The order must set a status date for completion of mediation within 45 days after entry of the order.

The order shall set a status date on completion of mediation that is within 45 days of the entry of the order.

CRITICAL

Applies to

Supplemental proceeding

A proceeding seeking relief concerning a pending estate must be designated a supplemental proceeding and use the estate’s file number.

Will or testamentary trust, to appoint a testamentary trustee during the period of administration or to seek any other appropriate relief relative to an estate pending in the Probate Division shall be designated a supplemental proceeding and shall employ the same file number as the estate to which it relates.

CRITICAL

Applies to

Petition for approval

The approval petition must state the names and addresses of the grantor and grantee, or the assignor and assignee.

- (ii) The name and address of the grantor and grantee of the power of attorney or the assignor and assignee of the assignment; and

CRITICAL

Applies to

Certificate of sale

After entry of the order confirming sale, the purchaser must prepare and forward to the Court's Auctioneer a copy of the purchaser's certificate of sale and the original or a recorded copy of any assignment.

A copy of purchaser’s certificate of sale and the original or a recorded copy of any assignment thereof.

CRITICAL

Applies to

Objection

Property owners must sign and swear to objections.

All Objections must be filed with the Circuit Court Clerk in quadruplicate and signed and sworn to by the property owners on forms provided by the Clerk.

CRITICAL

Applies to

Petition

The petition must list the specified payments received by or for the ward when stating the ward’s available annual income.

In stating the annual income available to the ward, the petition shall list payments being received by the ward or by the petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability payments, payments from the Veterans Administration or other governmental agency or department, relief or other assistance from a charitable or relief organization, payments from a trust or custodianship, and payments from one having an obligation to support the ward.

CRITICAL

Applies to

Mediator report

The mediator must file a report with the court that terminates mediation services and states the conference outcome.

Upon the conclusion of the mediation conference (or the pre-mediation, if the defendant borrower fails to appear or does not meet any criteria for loan workout or resolution of the action), the mediator shall file a report with the court terminating mediation services and indicating the outcome of the conferences.

CRITICAL

Applies to

Certificate of sale

The Court's Auctioneer must prepare the original certificate of sale, and the Plaintiff must file it with the Recorder of Deeds and give the successful purchaser a copy.

The Court’s Auctioneer shall also prepare an original certificate of sale and the Plaintiff shall file the certificate of sale with the Recorder of Deeds and provide the successful purchaser with a copy.

CRITICAL

Applies to

Preliminary report

The Committee must file its preliminary inspection report and recommendations with the Chief Circuit Judge.

The Committee shall file a preliminary report of the inspection, together with the committee's recommendations, with the Chief Circuit Judge.

CRITICAL

Applies to

Proof of heirship

Proof of heirship must be made as provided in The Probate Act.

Proof of heirship shall be made as provided in The Probate Act.

CRITICAL

Applies to

Appointment order

An order appointing an attorney must be in writing.

- 1. The order appointing an attorney shall be in writing.

CRITICAL

Applies to

Trial judge order

When probate administration is required, the Trial Judge's order must include the specified settlement-payment language.

In cases where probate administration is required, the Trial Judge's order must contain the following language: "The Settlement amount approved herein shall be paid only to a guardian appointed by the probate division or Circuit court where the minor or disabled person resides and this order shall be effective only after the entry in court of an order approving the bond or other security required to administer the settlement and distribution provided for in this order".