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

CRITICAL

Applies to

Account

For specified business and real estate operations, the representative must report only total receipts and disbursements.

- (iv) When accounting for the income and disbursements with respect to an unincorporated business, real estate, or beneficial interest in real estate; the representative shall report only total receipts and disbursements of the operation, but shall retain all supporting vouchers.

CRITICAL

Applies to

Court order

The Court must order one or both parties to notify the mediator of the appointment.

The Court shall order one or both of the parties to notify the mediator of the appointment.

CRITICAL

Applies to

Special assessment roll

A true and correct copy of each special-assessment roll must be filed with the Circuit Court Clerk; the Clerk may certify the copy to the Village or City Collector for collection.

With each roll spreading a special assessment, there shall be filed with the Circuit Court Clerk a true and correct copy of said roll, which copy the Clerk of this Court may certify to the Village or City Collector for the collection of said assessment.

CRITICAL

If the respondent is not heard after appearing pursuant to notice, the Court must schedule a hearing and advise that failure to appear may result in a body attachment.

B. If the Respondent appears pursuant to notice on the petition and the court issues a Rule, the Court may direct that the Respondent then and there be served with the Rule to Show Cause. If not then heard, the Court shall schedule a date, time and place for hearing, further advising the respondent that failure to appear for such hearing may result in the issuance of a body attachment for the Respondent's arrest.

CRITICAL

Applies to

Certificate of sale

The Court's auctioneer must prepare a certificate of sale, and the plaintiff must record it with the Will County Recorder of Deeds.

The Court's auctioneer shall prepare a certificate of sale and the Plaintiff shall record it with the Will County Recorder of Deeds.

CRITICAL

Applies to

New bond

Before an account and new bond are approved or any surety is discharged, the representative must satisfy the court that the stated assets are on hand.

When a representative offers a new bond, the representative shall establish to the satisfaction of the court that assets stated to be on hand are on hand before an account and new bond are approved and before any surety is discharged.

CRITICAL

Applies to

Proof of mediator compliance

Upon request of the Chief Judge's Office, mediators must provide proof of continued compliance.

and upon request of the Chief Judge's Office, provide proof of same.

CRITICAL

Applies to

Warrant application

A completed warrant application must be provided to the Clerk before a body attachment issues, unless the Court waives the requirement for good cause.

Unless waived by the Court for good cause shown, no body attachment shall issue until the Clerk of the Court is provided with a completed warrant application.

CRITICAL

Applies to

Order appointing mediator

The order appointing a mediator must identify the issues to be addressed at mediation.

The order shall identify what issues are to be addressed at mediation.

CRITICAL

Applies to

Account

Each account must disclose any pending litigation to which the estate is a party.

- (iii) Each account shall disclose the pendency of any litigation to which the estate is a party.

CRITICAL

Applies to

Verified petition for fee approval

Except for the fees covered by Section 5, a request for an order approving fees must be preceded by filing and presenting a written verified petition in open court containing the specified information.

Except for fees for representing a minor in a personal injury action or a decedent in wrongful death which is covered under Section 5, every request for entry of an order approving fees shall be preceded by the filing of and presentation in open court of a written verified petition of the representative or attorney seeking such order setting forth: - A. The terms of employment, including the hourly rate of payment thereof. - B. The nature and extent of the probate and non-probate estate and any extraordinary services required. - C. An itemized statement of services rendered including the time spent and purpose of each entry. - D. The customary and usual charges made by persons rendering similar services in the community. - E. The experience of petitioner in matters for which payment is sought; and, if an attorney, whether or not his practice is limited to probate matters. - F. If an attorney, he or she, has complied with Rule 1.5 of the Illinois Rules of Professional Conduct.

CRITICAL

Applies to

Juror summons

Each juror summons must state the period of service.

The summons to each juror shall state the period of juror service.

CRITICAL

Applies to

Guardian account

A guardian’s account for a minor must state the ward’s physical location and school attendance or occupation.

- (iii) An account of a guardian of a minor shall state the physical location and the fact of attendance at school or occupation of the ward.

CRITICAL

Applies to

Mediation summary

Each side must provide the mediator a written case summary listing each party’s issues and the specified case, liability, damages, settlement, and participant information; an attorney seeking confidentiality should notify the mediator in writing when filing the summary.

At least ten (10) days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, he/she should advise the mediator in writing at the same time the summary is filed. The summary shall include the facts of the occurrence, opinions of liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

CRITICAL

Applies to

Notice of hearing

A hearing notice must be directed to the Motion Judge and state the action title and number and the motion's presentation date and time.

The notice of hearing shall be directed to the Motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented.

CRITICAL

Applies to

Order approving structured settlement

For a structured settlement with payments to a minor starting immediately and continuing beyond the minor’s eighteenth birthday, the approval order must include the specified language about continuing the estate and receiving a guardian report.

Orders Approving Structured Settlements Shall Contain One Form of the Following: ## B. Settlement- Payments to Minor Starting at Once and Continuing Beyond 18th Birthday "It is further ordered that, after approval by the Probate Judge, the Court shall continue the estate of the minor for such further determination to either allow guardianship to continue or for a change in guardianship. It is further ordered that 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 should 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

Account hearing notice

Each notice must state the hearing’s time, place, and nature and substantially include the specified sentence about the binding effect of an approved account.

- D. Each notice shall contain the time, place and nature of the hearing and substantially the following sentence: If the account is approved by the court upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.

CRITICAL

Applies to

Temporary guardian petition

A temporary-guardian petition must state its supporting facts and the proposed guardian’s name and post office address, plus age and occupation if the proposed guardian is an individual.

The petition shall state the facts upon which it is based and the name, the post office address and, in the case of an individual, the age and occupation of the proposed temporary guardian.

CRITICAL

Applies to

Summary judgment opposition

An opposing party must serve and file a concise response with corresponding numbered paragraphs, responses to each movant paragraph and supporting references for disagreements, and numbered additional facts with supporting references.

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; - b. A concise response to the movant's statement of material facts which shall contain: - 1. Numbered paragraphs, each corresponding and stating a concise summary of the paragraph to which it is directed; and, - 2. A response to each numbered paragraph in the moving party's statement of material facts, including, in the case of any disagreement, specific references to the affidavit, parts of the record and other supporting materials relied upon; and, - 3. A statement, consisting of short numbered paragraphs of any additional facts that require the denial of summary judgment, including references to affidavits, parts of the record and other supporting materials relied upon.

CRITICAL

Applies to

Continuing legal education attendance verification

Attorneys must submit continuing-education attendance verification to the Presiding Judge’s Office when attending or upon request.

To remain on the approved list, each Attorney shall attend continuing legal education courses consisting of at least ten (10) hours every two (2) year period and submit verification of attendance to the Office of the respective Presiding Judge at the time of attendance or upon request.

CRITICAL

Applies to

Wrongful death settlement approval order

An order approving a wrongful-death settlement must allocate net proceeds among the next of kin according to their respective dependency percentages; the Court may hold a hearing to determine those percentages.

C. In wrongful death actions, the Court entering the order approving the proposed settlement shall provide for allocation of the net proceeds of the settlement amount among the next of kin according to the respective percentage of dependency of the decedent. The Court may, in its discretion, hold a hearing for the purpose of determining the respective percentage of dependency by each of the next of kin.

CRITICAL

Applies to

Summons and complaint

Except as noted in section 4.01(C), the Initial Case Management Conference date for a filed civil case must be clearly marked on the summons, complaint, and all copies.

Except as noted in 4.01(C), upon filing of any civil case in Jury or Non-Jury the Clerk shall affix a Circuit Court filing number and assign and docket an Initial Case Management Conference date which shall be clearly marked on the face of the summons and complaint and all copies thereof.

CRITICAL

Applies to

Jury questionnaire

Where applicable, a questionnaire in a Court-approved form must be submitted to the Jury.

In cases where applicable, a questionnaire in a form approved by the Court shall be submitted to the Jury

CRITICAL

Applies to

Appearance

The Attorney for the child, Guardian Ad Litem, or Childs Representative must file an appearance upon retention.

File an appearance upon retention.

CRITICAL

Applies to

Motion

A money judgment may be satisfied by the court upon written motion of the debtor supported by affidavit stating: - 1. the amount of the judgment, the balance, the accrued interest and the costs; - 2. that after the exercise of due diligence the judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due; and - 3. that notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.

A money judgment may be satisfied by the court upon written motion of the debtor supported by affidavit stating: - 1. the amount of the judgment, the balance, the accrued interest and the costs; - 2. that after the exercise of due diligence the judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due; and - 3. that notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.

CRITICAL

Applies to

Proof of heirship

A finding of unknown heirs may be made only after evidence establishes all known heirs’ identities and a reasonable effort to identify unknown heirs.

A finding that there are unknown heirs will be made only after evidence is presented to establish the identity of all known heirs and that a reasonable effort has been made to ascertain the identity of unknown heirs.

CRITICAL

Applies to

Petition for leave to receive distribution

- (ii) The official representative shall certify that his principal is a citizen and resident of the petitioner's country; and

- (ii) The official representative shall certify that his principal is a citizen and resident of the petitioner's country; and

CRITICAL

Applies to

Proof of bid funds

Before a bid is accepted, the bidder must show the Court's Auctioneer satisfactory proof of cash or certified funds equal to at least 10% of the bid.

Every bidder shall present to the Court's Auctioneer proof satisfactory to the Court's Auctioneer of funds representing at least ten percent (10%) of the amount of the bid in cash or certified funds prior to the bid being accepted by the Court's Auctioneer.

CRITICAL

Applies to

Account

Each asset in an account must be identified by its number in the inventory or account where it first appeared.

- (i) Each asset listed in an account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears. Distribution of an item or conversion into cash or other disposition need be described only in the first account after completion of the transaction.

CRITICAL

Applies to

Petition

Before the Court may issue a Rule, the petition must be verified or sworn testimony must be heard on an unverified petition, and due notice must have been given to the respondent.

A. Upon the failure of a respondent to comply with a duly entered order of the Court or failure to appear in response to a Citation to Discover Assets and upon the filing of a verified petition or after hearing sworn testimony on an unverified petition, due notice having been given to the respondent, the Court may issue a Rule, which includes the date, time and location for hearing.

CRITICAL

Applies to

Appointment order

The appointment order must direct the parties to pay retainer amounts by a specified date.

The appointment order shall order the parties to pay retainer amounts to the Attorney for the child, Guardian Ad Litem or the Childs Representative by a date certain.

CRITICAL

Applies to

Service statement

The appointed attorney, Guardian Ad Litem, or Childs Representative must submit service statements to litigants within 90 days of appointment and every 30 days thereafter during the appointment.

The Attorney for the child, Guardian Ad Litem or the Childs Representative shall submit statements to litigants for services rendered within ninety (90) days of his / her appointment and every thirty (30 days thereafter during the course of his / her appointment.

CRITICAL

Applies to

Petition to expend ward estate funds

A petition to expend estate funds must state the expenditure’s purpose, the estate’s value when presented, the ward’s annual available income, and the amount of the last authorization for the same purpose.

A petition to expend funds from a ward's estate shall state the purpose for which the proposed expenditure is required, the value of the estate at the time of presenting the petition, the annual income available to the ward, and the amount of the last authorization for an expenditure on behalf of the ward for the same purpose.

CRITICAL

Applies to

Hearing waiver

If the hearing is waived under this exception, the County Executive, Board Speaker, and Chief Circuit Judge must waive it in writing.

The County Executive, Speaker of the County Board and the Chief Circuit Judge waive such hearing in writing.

CRITICAL

Applies to

Mediation notice

The mediation notice must describe the mediator’s loan-workout evaluation and the alternative mediation options if a modification is infeasible or the borrower does not wish to save the home.

The form shall include a provision that the case will be evaluated by an outside mediator for possible loan modification or other loan workout. The notice shall further state that if such modification is not deemed feasible, or the borrower does not desire to save his or her home, then mediation may still be used to assist the parties in discussing a consent foreclosure or deed-in-lieu of foreclosure in which the lender will waive any deficiency against the borrowers.

CRITICAL

Applies to

Order appointing mediator

The order must set a date for the parties to contact the mediator no later than seven days after appointment.

The order shall set a date by which the parties must contact the mediator not to exceed 7 days from the date of appointment.

CRITICAL

Applies to

Final parenting plan

A final parenting plan ordering shared decision-making must include a mediation provision.

- 2. Pursuant to 750 ILCS 602.10(f)(3), a final parenting plan in which shared decision-making is ordered must include a mediation provision.

CRITICAL

Applies to

Appointment order

An appointment order for a Childs Representative or Guardian Ad Litem must specify the tasks expected of the appointee.

Whenever a Court appoints a Childs Representative or Guardian Ad Litem, the appointment order shall specify the tasks expected of the Childs Representative or Guardian Ad Litem.

CRITICAL

Applies to

Order appointing mediator

The order must state that mediation sessions may total up to three hours, unless the parties and mediator agree to an extension.

The order shall provide that mediation sessions may be up to an aggregate of 3 hours in length unless extended by agreement of the parties and the mediator.

CRITICAL

Applies to

Notice of sale

The plaintiff must prepare the sale notice, present it to the Court's auctioneer, and arrange for publication in an English-language newspaper of general circulation in the county.

Prepare a notice of the sale and present same to the Court's auctioneer to have it published in an English language newspaper of general circulation in the county;

CRITICAL

Applies to

Court file

The Clerk of the Court must produce the court file in open court at the hearing.

The Clerk of the Court shall produce the Court file in open Court at the time of the hearing.

CRITICAL

Applies to

Order appointing mediator

The order must designate each party's share of the mediation fee and, when applicable, state whether the fee is reduced or pro bono; the Court may make the designated payments subject to reallocation.

The order shall designate the percentage of the mediation fee to be paid by each party, and, if applicable, whether the fee shall be reduced or deemed pro bono. The Court may order that the designated payment of fees be subject to reallocation between the parties.

CRITICAL

Applies to

Receiver inventory

If no appraisers are appointed, the receiver must investigate the estate property’s value and show each item’s value 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

Petition

If the County Executive or County Board fails to comply with the corrective-action proposals, the committee chairman must file the specified petition with the Clerk of the Court.

In the event the County Executive and / or the County Board fail to comply with the proposals for corrective action pursuant to Rule 20.2(b), the chairman of the committee shall file a petition styled, "In re the Court Facilities of Will County," with the Clerk of the Court.

CRITICAL

Applies to

Report of sale and distribution

The plaintiff must prepare a report of sale and distribution.

Prepare a report of sale and distribution

CRITICAL

Applies to

Certified judgment order

calendar years must provide the Court's Auctioneer a new certified copy of the judgment order.

calendar years must provide the Court's Auctioneer a new certified copy of the judgment order.

CRITICAL

Applies to

Petition for approval

The approval petition must state that the power of attorney or assignment has not been revoked.

- (iii) That the power of attorney or assignment has not been revoked.

CRITICAL

Applies to

Distributive share claim

If a distributee dies before receiving the entire distributive share, evidence must be presented establishing who is entitled to the share or balance.

- J. If a distributee dies after the decedent's death, but before receipt of his entire distributive share, evidence shall be presented to establish the person entitled to the share or balance thereof.

CRITICAL

Applies to

Receiver inventory

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

No later than thirty (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

Written findings order and certification

After the hearing, the Chief Circuit Judge must file written findings, an order, and a certification.

3. After hearing, the Chief Circuit Judge shall file his written findings, order and certification and shall have available all appropriate remedies under law of this State.