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

CRITICAL

Applies to

Petition to revoke

Violations of probation, conditional discharge, or court supervision must be brought before the Court by a petition filed by the State's Attorney or Probation Department.

Violations of Probation, Conditional Discharge and Court Supervision shall be brought to the attention of the Court on petition filed by the State's Attorney or Probation Department.

CRITICAL

Applies to

Notice of hearing

Written notice after a motion is heard without prior notice must identify the action, the judge, the hearing date, and the court's ruling.

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 the hearing, and the ruling of the court thereon, shall be served, by the attorney obtaining the order, upon all parties who have appeared and have not theretofore been found by the court to be in default, and upon all parties whose time to appear had not expired on the date of hearing, and proof of service thereof shall be filed with the Clerk, within two (2) court days after the hearing.

CRITICAL

Applies to

Judgment

Submit the Illinois Department of Public Health Certificate with each specified marriage judgment.

The State of Illinois, Illinois Department of Public Health Certificate shall be submitted with each Judgment for Dissolution of Marriage, Declaration of Invalidity of Marriage, or Judgment for Legal Separation.

CRITICAL

Applies to

Account

When an account is presented, the representative’s attorney must furnish receipts for distributions listed in it.

- F. Upon presentation of an account, the attorney for the representative shall furnish receipts for any distributions set forth in the account and a certificate of the attorney and the representative stating that vouchers evidencing disbursements are in the possession of the representative or the attorney. The court may require the presentation of vouchers for examination.

CRITICAL

Applies to

Receipt

The official representative must acknowledge receipt of the distributive share, and the representative must file the receipt with the voucher.

The official representative shall acknowledge receipt of the distributive share received from the representative. The representative shall file the receipt with his voucher.

CRITICAL

Applies to

Petition

The settlement petition must be executed by the specified legal representative and recite the occurrence, opposing party, insurance details, applicable injury and expense information, required current medical information, and the decedent's age as stated in the excerpt.

A. To settle a cause of action for personal injuries sustained by a minor or disabled person, a wrongful death action, or an action under the Survival Statute, a petition shall be filed executed by the legal representative of the minor, the ward or the decedent's estate, and shall recite: - 1. A description of the occurrence-giving rise to the cause of action. - 2. The name and address of the person or entity against whom the cause of action has accrued. - 3. The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. - 4. In a minor's or ward's personal injury case and causes of action under the Survival Statute, a description of the injuries sustained by the minor or the decedent and a list of hospital and medical expenses incurred on behalf of said minor or the decedent as a result of the occurrence. In a minor or ward's personal injury case, a current medical certificate or letter executed by the attending physician dated within thirty (30) days stating the nature and extent of the injuries sustained by the minor and the prognosis for the minor or ward, and estimated cost of future care. - 5. In wrongful death cases, the age of the decedent at the time of his

CRITICAL

Applies to

Mediation notice

The form shall include language advising the defendant borrower to bring certain financial information (such as the borrower's monthly income, work status and expenses) that may assist in discussions for a loan

The form shall include language advising the defendant borrower to bring certain financial information (such as the borrower's monthly income, work status and expenses) that may assist in discussions for a loan

CRITICAL

Applies to

Summons

Summonses must include the specified admonition to the defendant.

Summons shall be in substantial compliance with Summons Requiring Appearance on a Specific Day as set forth in Supreme Court Rule 101(b) and shall also include the following admonition to the defendant: “This case will not be tried on the date you are to appear. To avoid a default judgment, you must appear on the date and at the time shown above. You or your representative will then be told the date your case will be heard.”

CRITICAL

Applies to

Petition

After entry of the settlement or judgment order, the representative must file a Probate petition seeking authorization to accept the distributable amount and approval of the required bond or security, attach the case order, and have the bond amount fixed under the Probate Act.

Upon entry of the order approving the settlement or entering the judgment by the Judge hearing the case, the representative shall file a petition in Probate requesting the entry of an order authorizing the representative to accept the distributable amount and fixing and approving the bond or other security required pursuant to the settlement or judgment. The amount of the bond shall be fixed pursuant to the Probate Act. A copy of the order entered by the Judge hearing the case shall be attached to the petition.

CRITICAL

Applies to

Hearing notice

Covered hearing notices must include the specified arrest warning in bold, in addition to the hearing time, date, and place.

Notices of hearings on Citations to Discover Assets, Rules to Show Cause and any other hearing where a body attachment or 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: "YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN YOUR ARREST."

CRITICAL

Applies to

Bill of sale

For an auction of personal property under Rule 11.01(B), the purchaser must prepare and forward a bill of sale stating the property is sold as is and disclaiming all warranties.

If the auction was of personal property pursuant to Rule 11.01(B) and not of real estate, a Bill of Sale for the personal property auctioned, in an “as is” state with a disclaimer of all warranties, which will be returned to the

CRITICAL

Applies to

Petition for approval

A petition seeking approval of an assignment or power of attorney must be verified and include the specified information.

The petition for approval shall be verified and state:

CRITICAL

Applies to

Jury questionnaire answers

Questionnaire answers must be made available to the parties before Voir Dire begins.

and the answers thereto shall be made available to the parties prior to the commencement of Voir Dire examination.

CRITICAL

Applies to

Bidding instructions

If the auctioneer will present a mortgagee's opening bid, written bidding instructions must reach the auctioneer's office at least one hour before the scheduled sale.

If the Court's Auctioneer is to present an opening bid at the sale on behalf of a mortgagee, then the bidding instructions must be in writing and must be received at the office of the Court's Auctioneer at least one (1) hour before the time of the scheduled sale.

CRITICAL

Applies to

Petition

If a settlement includes periodic or structured payments, the petition must state the fair market value of the structured portion as provided by a qualified annuitant or broker, but the Court may waive this or any listed requirement upon good cause.

E. If the settlement contains periodic payments or structure, the petition shall contain a statement by a qualified annuitant or broker as the fair market value of the structured settlement portion. Upon good cause shown, the Court may waive this or any of the above requirements.

CRITICAL

Applies to

Public service work order

Each public service work order must direct the offender to report personally to the Coordinator instanter.

Each order shall provide that the offender report personally to the Coordinator instanter.

CRITICAL

Applies to

Claim

A claim based on a written instrument must include a copy of that instrument.

A claim based upon a written instrument shall be accompanied by a copy of the instrument.

CRITICAL

Applies to

Order or judgment

Enter the Statewide Order of Support form at the same time as orders or judgments providing for maintenance and child support or modifying them.

The Statewide Order of Support form shall be entered contemporaneous with all orders or Judgments providing for maintenance and child support or modification thereof.

CRITICAL

Applies to

Annual mediator certification

Approved mediators must submit an annual written certification of continued compliance with the criteria.

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

CRITICAL

Applies to

Petition for approval

The approval petition must state the consideration and any fees and expenses paid or charged, or to be paid or charged, to the grantor or assignor.

- (i) The consideration paid or to be paid and fees and expenses charged or to be charged to the grantor of the power of attorney or the assignor of the assignment;

CRITICAL

Applies to

Mediation report

The mediation report must use a form promulgated by the presiding judge of the Domestic Relations division.

The mediation report shall be prepared on a form promulgated by the presiding judge of the Domestic Relations division.

CRITICAL

Applies to

Guardian ad litem child representative application

Each attorney must complete and return the court’s Guardian Ad Litem / Child Representative application with a continuing-education attendance certification.

Each Attorney must complete the Guardian Ad Litem / Child Representative application provided by the 12th Judicial Circuit Court and return it with a certification of attendance at continuing education.

CRITICAL

Applies to

Arbitrator voucher

After each day of arbitration hearings, arbitrators must file a voucher with the Arbitration Administrator for submission to the Administrative Office of the Illinois Courts for payment.

Upon completion of each day's arbitration hearings arbitrators shall file a voucher with the Arbitration Administrator for submission to the Administrative Office of the Illinois Courts for payment of the prescribed fee.

CRITICAL

Applies to

Summary judgment statement of material facts

The moving party's statement of material facts must use short numbered paragraphs with specific supporting-material references in each paragraph.

The statement of material facts shall consist of short numbered paragraphs, including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials the moving party relies upon to support the facts set forth in that paragraph.

CRITICAL

Applies to

Coordinator evaluation report

If the Court refers an offender for a pre-sentencing evaluation, the Coordinator must report the findings to the Court without unnecessary delay.

The Court may, in its discretion, before sentencing refer an offender to the Coordinator for an evaluation of the offender's social, scholastic, employment and financial circumstances for the limited purpose of determining the suitability of specific requirements of public service work. The Coordinator shall then report his findings to the Court without unnecessary delay.

CRITICAL

Applies to

Mediation report

The mediation report must state whether mediation was successful in whole or in part and identify any issues still in dispute.

Within 10 days of the completion of mediation, the mediator shall file a report in the Court file indicating whether mediation was successful in whole or in part and identifying any issues that remain in dispute.

CRITICAL

Applies to

Surety bond supporting documents

A corporate or association surety bond may be approved only if a current certified copy of the surety’s authority is on file with the Clerk; the excerpt also begins a requirement for authority documents for authorized persons but ends mid-sentence.

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 or certificates of authority for all persons authorized to

CRITICAL

Applies to

Petition

The petition must identify each facility’s deficiencies, the need for facilities, proposed remedies, actions taken, and requested relief.

The petition shall specify the deficiencies of each such facility, the need for additional or improved facilities, the remedial action proposed, any action taken by the County Executive and/or the County Board, and prayer for appropriate relief.

CRITICAL

Applies to

Written order

The moving party must prepare written court orders unless the Court orders otherwise.

- A. All written orders of Court shall be prepared by the moving party unless otherwise ordered.

CRITICAL

Applies to

Jury questionnaire

All questionnaires must be returned to Jury Commission Staff immediately after the selection process ends.

All questionnaires shall be returned to the Jury Commission Staff immediately at the conclusion of the selection process.

CRITICAL

Applies to

Appearance

Pro se parties and attorneys must file a written appearance before addressing the Court, subject to the stated exception for a motion for leave to appear.

All prose parties and attorneys shall file a written appearance before either addresses the Court, unless presenting a motion for leave to appear by intervention or otherwise.

CRITICAL

Applies to

Application

Prospective guardians ad litem, child representatives, and child attorneys must complete an application available from the Office of the Chief Judge.

Prospective guardians ad litem, child representatives, and child attorneys must complete an application, available from the Office of the Chief Judge, and demonstrate compliance with the following criteria:

CRITICAL

Applies to

Jury demand

A petitioner or claimant seeking a jury trial where permitted must file a jury demand with the Clerk with the petition or claim.

A petitioner or claimant desirous of a trial by jury where permitted must file a jury demand with the Clerk and pay the fee at the time he files his petition or claim.

CRITICAL

Applies to

Agreement

Any agreement reached must be put in writing and signed by the parties and their counsel, if any.

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

CRITICAL

Applies to

Mediation report

A mediator who discovers a potential impediment to continued mandatory mediation must suspend mediation and report the impediment to the Court.

- 2. If an appointed mediator discovers a potential impediment to continued mandatory mediation, the mediator shall suspend mediation and inform the Court of the impediment in the mediation report.

CRITICAL

Applies to

Drug court referral form

A defendant requesting admission to Drug Court must send the State's Attorney's Drug Court Referral Form to the Drug Court Coordinator for consideration.

Any Defendant requesting admission to Drug Court shall send a Drug Court Referral Form, as provided by the State's Attorney, to the Drug Court Coordinator for consideration for admission to the Drug Court Program.

CRITICAL

Applies to

Motion to defer mediation

A motion to defer mediation must state in detail the supporting facts and circumstances.

The motion shall set forth, in detail, the facts and circumstances supporting the motion.

CRITICAL

Applies to

Findings order and certification

Following the hearing, the Chief Circuit Judge must file findings and an order with the Circuit Clerk, accompanied by a certification stating the facility’s applicable status.

(c) Following the hearing,, the Chief Circuit Judge shall file with the Circuit Clerk his or her findings and order regarding the facility in question, together with a certification that the facility: - (1) provides necessary and adequate facilities and meets applicable standards; or, - (2) does not provide necessary and adequate facilities and/or meet applicable standards, but may be temporarily certified until a period ending on a date certain; or, - (3) does not provide necessary and adequate facilities and / or meet applicable standards, but may be conditionally certified upon the condition that specified action is taken and completed by a date certain; or, - (4) does not provide necessary and adequate facilities and/or meet applicable standards and will be discontinued for Court use.

CRITICAL

Applies to

Guardian account

An account by a guardian or temporary guardian of a disabled person must state the ward’s physical location and physical and mental condition.

- (ii) An account of a guardian or temporary guardian of a disabled person shall state the physical location and the physical and mental condition of the ward.

CRITICAL

Applies to

Order of denial

A written order of denial must be entered when a motion heard without prior notice is denied.

If a motion heard without prior notice is denied, a written order of the denial shall be entered.

CRITICAL

Applies to

Power of attorney or assignment

Each power of attorney or assignment must be signed and acknowledged by the grantor or assignor in accordance with the specified Illinois Act.

Each power of attorney or assignment shall be signed and acknowledged by the grantor of the power of attorney or assignor of the assignment in accordance with the Illinois Uniform Recognition of Acknowledgements Act.

CRITICAL

Applies to

Summary judgment motion

With each summary-judgment motion, the moving party must serve and file supporting or opposing materials and a statement of material facts alleged to have no genuine issue.

With each motion for summary judgment filed pursuant to 735 ILCS 5/2-1005; the moving party shall serve and file: - a. The pleadings, deposition, admissions, affidavits, and their supplemental materials which support / oppose the motion. - b. A statement of material facts as to which the moving party contends there is no genuine issue.

CRITICAL

Applies to

Sale scheduling submission

Before scheduling a sale date, the plaintiff must provide the Court's Auctioneer a certified judgment order stating the redemption-period expiration date and proof of publication.

Prior to the scheduling of any sale date, the plaintiff shall provide to the Court's Auctioneer a certified copy of the judgment order, which must include the date of the expiration of the period of redemption and proof of publication.

CRITICAL

Applies to

Motion

When filing a petition for a non-related adoption, petitioners' counsel must present a motion seeking referral for investigation and appointment of a guardian ad litem.

Upon filing of a petition for a non-related adoption, counsel for the petitioners shall present a motion to the court to refer such petition to the proper person or agency for investigation in accordance with the provisions of the statute, and shall request the appointment of a guardian ad litem.

CRITICAL

Applies to

Judgment order

Unless the Court orders otherwise with notice to the auctioneer, each judgment order must specify a 10% cash or certified-funds deposit at sale and payment of the balance within 24 hours.

Unless the Court orders otherwise, with notice to the Court's auctioneer, all judgment orders shall specify that the terms of the sale shall be payment of a deposit in cash or certified funds of 10% of the amount of the successful bid at the time of the sale and payment of the balance of the successful bid in cash or certified funds within twenty-four (24) hours thereafter.

CRITICAL

Applies to

Notice

The notice must state that the mediator will keep financial information confidential and will not disclose it without the defendant’s consent.

Lastly, the notice shall indicate that the financial information shall be held in strict confidence by the mediator and not disclosed to any other party without the consent of the defendant.

CRITICAL

Applies to

Judgment order

Conflicting sale terms in a judgment order are deemed amended to conform to this Rule unless the Court enters an order varying the terms.

Any judgment order containing terms of sale which conflict with the terms of sale specified in this Rule shall be deemed to be amended to conform the judgment order to the terms of sale specified in this Rule unless an order was entered by the Court pursuant to this Rule varying the terms of sale.

CRITICAL

Applies to

Account

An account must number and identify each disbursement by date, recipient, purpose, and amount.

- (ii) All disbursements stated in an account shall be numbered, and sufficiently identified, showing date, name of recipient, purpose and amount.

CRITICAL

Applies to

Petition for leave to receive distribution

An official representative seeking distribution must present a petition in the form prescribed by the court.

- (i) The official representative shall present his petition for leave to receive distribution in a form prescribed by the court; and

CRITICAL

Applies to

Bankruptcy stay order copy

A party whose bankruptcy filing stays proceedings in the Twelfth Judicial Circuit must file a copy of the Bankruptcy Court stay order; the destination is cut off in the provided text.

If a party files for bankruptcy staying any proceedings in the Twelfth Judicial Circuit, that party shall file a copy of the Bankruptcy Court stay order with the