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

CRITICAL

Applies to

Report of sale and distribution

After the sale, the Plaintiff must promptly prepare the report of sale and distribution, and the Court's Auctioneer must promptly file it with the Circuit Clerk.

Following the sale, Plaintiff shall promptly prepare and the Court’s Auctioneer shall promptly file with the Circuit Clerk, a report of sale and distribution.

CRITICAL

Applies to

Income withholding for support

File any Income Withholding for Support served on the employer with the Circuit Clerk.

Any Income Withholding for Support served upon the employer shall be filed with the Circuit Clerk

CRITICAL

Applies to

Petition for juror contact information

A petition to the Presiding Judge seeking a juror’s address or telephone number must state specifically why the information is needed.

The Jury Commission shall not, nor shall any juror or potential juror, be required to disclose their street address or telephone number(s) to litigants except upon petition to the Presiding Judge which sets forth with specificity the need for such information.

CRITICAL

Applies to

Petition to compel compliance

If the County Executive or County Board does not comply with the Chief Judge’s order, the committee on court facilities chairman must file a Petition to Compel Compliance with the Circuit Clerk of Will County.

1. If the County Executive or County Board does not comply with the order of the Chief Judge as set forth in Rule 20.3, then the chairman of the committee on court facilities shall file a "Petition to Compel Compliance" with the Circuit Clerk of Will County.

CRITICAL

Applies to

Petition to withdraw funds

A petition to withdraw the specified funds must be presented in person by a listed responsible person unless the court excuses personal presentation.

A petition to withdraw funds deposited or invested as provided in Section 24.21 shall be presented in person by the parent, spouse, person standing in loco parentis or person having the responsibility or custody of the ward, unless personal presentation is excused by the court.

CRITICAL

Applies to

Surplus notice

The surplus notice must state the surplus amount and that it will be held until a distribution order or, without one, forfeited to the State, and must include a form motion and petition for turnover.

If there is a surplus following application of the proceeds of sale, then the plaintiff shall send written notice pursuant to 735 ILCS 5/15-1512(d) to all parties to the proceeding advising them of the amount of the surplus and that the surplus will be held until a party obtains a court order for its distribution or, in the absence of an order, until the surplus is forfeited to the State, and enclose a form motion and petition for turnover of surplus funds.

WARNING

Applies to

Trial judge order

In the event that a probate proceeding is ordered, the Trial Judge's order should not contain language which appoints a guardian, designates a depositary or purports to waive bond.

In the event that a probate proceeding is ordered, the Trial Judge's order should not contain language which appoints a guardian, designates a depositary or purports to waive bond.

WARNING

Applies to

Inventory

An inventory may be filed with the Circuit Clerk and need not be presented in open court.

When an inventory is required to be or is otherwise filed with the court, it shall be sufficient to file it with the Circuit Clerk. An inventory need not be presented in open court.

WARNING

modification and should contain a list of local counseling agencies that may be available to assist borrowers in foreclosure.

modification and should contain a list of local counseling agencies that may be available to assist borrowers in foreclosure.

WARNING

Applies to

Mediation stipulation

The parties may stipulate in writing to mediate any issue at any time, and the stipulation must be incorporated into the referral order.

In addition, the parties to any such matter may file a written stipulation to mediate any issue between them at any time. Such stipulation shall be incorporated into the order of referral.

WARNING

Applies to

Trial judge order

The Trial Judge should enter an order requiring the presentation of vouchers of distribution on a day certain in accordance with the order of distribution.

The Trial Judge should enter an order requiring the presentation of vouchers of distribution on a day certain in accordance with the order of distribution.

WARNING

Applies to

Petition to withdraw funds

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education or other benefits to the ward or his dependents.

The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education or other benefits to the ward or his dependents.

WARNING

Applies to

Mediation summary

An attorney who wishes the summary’s contents to remain confidential should notify the mediator in writing when the summary is filed.

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.

WARNING

Applies to

Report of proceedings

Do not file the Report of Proceedings unless a party requests it or the Court orders it.

The Report of Proceedings shall not be filed unless requested by a party or ordered by the Court.

WARNING

Applies to

Trial judge order

When all distributees are competent adults, the Trial Judge's order should address settlement fairness, identify dependents, determine dependency and reasonable fees and expenses, and order distribution.

In those cases, therefore, where all of the persons receiving a distribution are competent adults, the Trial Judge's order should determine the fairness of the settlement, identify the dependents, and determine the fairness of the settlement, identify the dependents, determine the degree of dependency, and determine the reasonable fees and expenses under the retainer contract, pursuant to Article VIII of the Illinois Rules of Professional Conduct Rule 1.5 (fees) and order the distribution.

WARNING

Applies to

Trial judge order

The order should be restricted solely to determining the reasonableness of the settlement, fixing the fees and expenses attributable to the litigation, adjudicating liens and determining the amount to be distributed.

The order should be restricted solely to determining the reasonableness of the settlement, fixing the fees and expenses attributable to the litigation, adjudicating liens and determining the amount to be distributed.

WARNING

Applies to

Financial affidavit

Upon a party's request or the Court's motion, a party or both parties may be ordered to complete and exchange Financial Affidavits by a date set by the Court or agreed by the parties.

- A. Upon request of either party or upon the Court's motion, a party or both parties may be ordered to complete and exchange Financial Affidavits by a date certain as determined by the Court or agreement of the parties.

WARNING

Applies to

Summary judgment motion

Failure to submit the required statement of material facts is grounds for denying the summary-judgment motion.

Failure to submit such a statement constitutes grounds for denial of the motion.

WARNING

Applies to

Initial application

The initial application should also include a copy of the applicant's ARDC card and evidence of a current professional liability insurance coverage.

The initial application should also include a copy of the applicant's ARDC card and evidence of a current professional liability insurance coverage.

WARNING

Applies to

Supplemental proceeding

The parties in a supplemental proceeding must be designated as in other civil actions.

The parties shall be designated as in other civil actions.

WARNING

Applies to

Trial judge order

Further, the order should not direct the execution of releases by the parent or purport to appoint the parent as guardian unless it also orders that the settlement draft shall include in the "payee" portion the words "subject to order of the probate court."

Further, the order should not direct the execution of releases by the parent or purport to appoint the parent as guardian unless it also orders that the settlement draft shall include in the "payee" portion the words "subject to order of the probate court."

INFO

Applies to

Order

In such cases, the same language used in the minor's settlement cases requiring payment only to a guardian appointed in the appropriate Probate court should be included in the order.

In such cases, the same language used in the minor's settlement cases requiring payment only to a guardian appointed in the appropriate Probate court should be included in the order.

INFO

Applies to

Trial judge order

The Trial Judge may, in their discretion, direct either restricted deposit of the money or a Probate proceeding to appoint a guardian and administer the proceeds.

The Trial Judge shall have the discretion to order the money placed in a federally insured depository subject to withdrawal only upon court order or the minor obtaining the age of majority, or alternatively order that a proceeding must be instituted in Probate for appointment of a guardian and administration of the proceeds.

INFO

Applies to

Administrative and general order

Copies of administrative and general orders enacted by the Chief Judge must be filed with the Circuit Clerk and maintained as public records.

Copies of all administrative and general orders enacted by the Chief Judge shall be filed with the Circuit Clerk who shall maintain them as permanent Court records which shall be available for inspection as public documents.

INFO

Applies to

Account

The court may require vouchers to be presented for examination.

The court may require the presentation of vouchers for examination.