17th Judicial Circuit Court, Winnebago County, Illinois
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
Court Document, Exhibit
- No Later Than 4 30 Pm Three Business Days Before Hearing
Courtesy copies
- Hand Delivery
- Upon request
Extended Media Coverage Request
Adjournments
- After a criminal case is set for trial, a motion for continuance must comply with the cited Code of Criminal Procedure provision.
- After a civil case is set for trial, a motion for continuance must comply with Supreme Court Rule 231.
- The case may be removed from the progress call if the personal representative files a final report and account together with a petition to close the estate, or files in writing and before the date of the progress call a report and request for extension of time to submit a final report on the appropriate form provided in Appendix Q-1, Appendix Q-2 and Appendix Q-3 herein.
- +8 more
Request must include
- If for any reason either party cannot attend a mediation session or feels additional time is needed, they may request a continuance. The party requesting the continuance shall contact the Program Administrator to make such a request at least 10 calendar days prior to the scheduled session unless it is an emergency situation.
Communication
Phone
Clerk
Phone
Clerk
Phone
Clerk
Page & Word Limits1 rule
Briefs shall be limited to fifteen (15) pages, double-spaced unless a higher page limit is approved by the Court.
- Brief
- Up to 15 pages
Document Format Requirements22 rules
When ordered by the court each disbursement stated in a final account or an account intended to be binding under the Probate Act, shall be designated by a number and supported by a voucher, which may be a canceled check or other evidence of payment. Vouchers shall be numbered and arranged in the same order as the disbursements in the account, shall be securely fastened together under a separate cover, and shall be exhibited, but vouchers (other than for distributions) need not be filed with the account, unless objection thereto has been made by any interested party; and
- Final account
- Binding account
Formatting
- •Securely fasten vouchers together under a separate cover and exhibit them
Any electronically filed document must be in portable document format.
Documents must generally be converted directly to PDF from their creating program; paper-only documents may be scanned, and proposed-order PDFs must come directly from a word-processing program.
- File type
Court's wording
Documents must be converted to PDF directly from the program creating the document, rather than from the scanned image of a paper document. Documents only in paper format may be scanned and converted to PDF for electronic filing. In the event that proposed orders are submitted in a case, the PDF of the proposed order must be generated directly from a word processing program.
The top right 2 inch by 2 inch corner of the first page of each pleading shall be left blank for the clerk’s stamp
Filers must consult Vendor materials for the maximum file size and divide oversized documents into multiple parts, each below that maximum.
Court's wording
Inasmuch as technology changes, the maximum file size allowable is available in the Vendor's program materials. If a document exceeds the maximum size allowed, the filer will file multiple documents, each under the maximum file size. In such case, the user will be responsible for dividing the document into appropriately sized parts.
The size of the type in the body of the test must be no less than 12 point font and the footnotes no less than 10 point font
- Font size
- At least 12 points
The size of the pages must be 8 ½ by 11 inches
- Paper size
- Letter
The margins on each side of the page must each be a minimum of 1 inch
- Margins
- At least 1 inch
Briefs shall be limited to fifteen (15) pages, double-spaced unless a higher page limit is approved by the Court.
- Line spacing
- Double
- Brief
Fee Petitions shall be named to indicate whether it is the first petition for fees, second petition for fees, and so on. When applicable, Fee Petitions shall also conform to General Order 4.06.
Jury instructions must meet the specified paper, printing, spacing, margin, and 12-point Times New Roman requirements; condensed type and carbon copies are prohibited.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Single
- Margins
- 1 inch
- Paper size
- Letter
- Jury instructions
Formatting
- •Leave one single space between paragraphs
Exception
Indentations as permitted)
Court's wording
A. Form of Jury Instructions Jury Instructions shall be produced in clear, black print on white, opaque, unglazed paper, 8 ½ by 11 inches. Only one side of the paper may be used. The text must be single spaced, with each paragraph separated by one single space. Margins must be left justified and be one inch on all sides (except indentations as permitted). Documents may be produced by a word-processing system, typewritten or commercially printed, and reproduced by any process that provides clear copies consistent with the requirements of this rule. Typeface must be 12-point Times New Roman font throughout the document. Condensed type is prohibited. Carbon copies are not permitted.
The judge hearing the motion shall enter a written order either granting or denying the request on a form substantially similar to Appendix HH.
Supplemental income verification documentation shall not be filed as attachments to an Application for Waiver of Fees.
Pursuant to 750 ILCS 5/501, a single standardized financial affidavit, as determined by the Illinois Supreme Court, shall be used statewide.
Numbering of exhibits used at trial should not duplicate the numbers assigned to the exhibits at the evidence deposition (e.g., if Exhibits 1 and 2 are marked during the evidence deposition, the first exhibit at trial would be Exhibit 3).
Unless excused by the court, sureties shall execute and file a schedule of property in a form approved by the court.
Each asset listed in a account shall be designated by the number in the inventory, supplemental inventory or prior account in which it first appears, except that this requirement is waived if the account is prepared and controlled by a mechanized accounting system.
Each page of the exhibit shall be page numbered and reference the exhibit number. For example: P. Ex. 1 - Pg 2. This should be in the header or at the top of the document.
Each exhibit’s filing description must use the specified party-exhibit-case-number format, with dashes and no spaces; multiple parties must be numbered.
Court's wording
c. The Filing Description, or document name, of each exhibit shall be in the following format: [P or D for Plaintiff or Defendant] [dash] [number of exhibit] [dash] [Case number]. No spaces should be utilized, only dashes. If there is more than one plaintiff and/or defendant, then P1, P2, D1, D2 et. seq. shall be utilized.
All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing the formatting of paper pleadings.
All briefs should be in ten (10) point font or larger and have no less than one (1) inch margins.
- Font size
- 10 points
- Margins
- At least 1 inch
- Brief
Formatting
- •Font size should be 10 points or larger
Where the parties agree or the court orders, copies may be substituted for original exhibits if necessary.
Document Filing Requirements243 rules
The responsibility for marking and submitting exhibits rests on the parties, not the Court or the Clerk.
Exhibits may be inspected by unrepresented parties only upon entry of an appropriate court order.
A party or attorney retaining such exhibits shall file a receipt therefor on a form provided by the clerk.
Every appearance or pleading must provide the specified identifying and contact information and be signed by an individual attorney.
Court's wording
Every appearance or pleading shall contain the legible name, Winnebago County Circuit Clerk's attorney identification number if applicable, address, telephone number and email addressof the preparing party, or the attorney, if represented by counsel, and must be signed by an individual attorney.
A summons informs a defendant in a civil case of the deadline for filing an appearance.
If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.
Each notice shall direct the litigant to the office in which payment is to be made.
Bonds with personal sureties shall be approved by the court.
A bond using a licensed surety company may be approved only if its current certified authority is on file with the clerk and verified authority documents for everyone authorized to execute bonds are attached.
Court's wording
Bond with a corporation or association licensed to transact surety business in this state as surety shall 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 execute bonds for the surety is attached to the bond.
An attorney for a 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.
Unless excused by the court, sureties shall execute and file a schedule of property in a form approved by the court.
No later than thirty (30) days after appointment, the receiver shall file with the court a detailed report and inventory of all property, real and personal, of the estate and shall delineate the property then within the receiver's possession or control.
If the court is satisfied that the best interests of an estate would thereby be served, an individual or corporation otherwise disqualified under Rule 13.01 of this rule may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule.
If appraisers are not appointed, the receiver shall investigate the value of all property of the estate and shall show in the inventory the value of the several items listed as disclosed by the investigation.
In residential eviction cases, plaintiff shall include the Court-Based Rental Assistance Program notices in English and Spanish, in substantially the form set forth in M.R. 32420.
and included with filings to the Clerk of the Circuit Court.
and attached to each residential eviction summons
the petition, order of appointment, and any other related documents shall be filed as part of the contemporaneously filed civil case
Upon the filing of an Amended Delinquency Petition or an Amended Juvenile Petition to Revoke Probation, any previous delinquency or revocation petitions reflected by charges included on the amended petition are dismissed unless otherwise ordered by the judge to which the case is assigned. Such dismissals shall be noted in the clerk's minute entry as "Dismissed superseded by amended petition to revoke probation".
Such dismissals shall be noted in the clerk's minute entry as "Dismissed superseded by indictment or information" by using state code 212.
If the application or interpretation of a statute or rule of law is deemed of particular significance by counsel for any party, counsel shall call the court's attention to the same in writing either in the trial memorandum or at the pre-trial conference.
In jury cases, plaintiff's counsel must submit a brief trial memorandum to the court when the case is called for trial.
Court's wording
In jury cases to assist the court in its voir dire examination of jurors under Supreme Court Rule 234, plaintiff's attorney shall submit to the court at the time the case is called for trial a brief trial memorandum and furnish a copy to opposing counsel who may suggest amendments thereto.
The representative or attorney-in-fact must provide a written receipt certifying that the authority to receive the share has not been revoked and file it with the legal representative’s vouchers.
Court's wording
The representative or attorney-in-fact shall acknowledge to, in writing, receipt of the distributive share received from the legal representative, and shall certify on said receipt that authority to receive the distributive share as described in (i) has not been revoked. The said receipt and certificate shall be filed with the legal representative's vouchers.
Final distribution and closing of the estate will not be authorized, unless the legal representative shall report as part of the final account or by separate document, a summary showing that all procedural and administrative duties have been completed.
If the share cannot be delivered within the 90-day period or a court-granted extension, it must be deposited with the county treasurer, and the treasurer’s voucher or receipt must be produced and filed.
Court's wording
In the event of a failure, refusal, or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the foreign distributee within said ninety (90) days (or any extension thereof, granted by the court during the said ninety (90) day period) the distributive share shall be deposited with the county treasurer of the county subject to the further order of the court. Presentation of voucher or receipt of the county treasurer, evidencing the deposit of said distributive share, shall be produced and filed in the court by the representative or attorney-in-fact or assignee, who whereupon shall then be discharged from further duty.
Any attorney seeking probate court appointments must complete and submit an Application for Probate Court Appointments on the form provided in Appendix X. Completed forms shall be submitted to the presiding probate court judge for approval.
Unless waived by the court for good cause shown the court shall appoint an attorney as guardian ad litem to: investigate the merits of the proposed settlement; and report findings and recommendations in writing before approval of the proposed settlement.
No final account of any estate shall be approved unless the account states that: All claims files have been allowed and paid or dismissed, unless there is a finding of insolvency; The federal estate taxes and Illinois estate taxes, if any, have been paid or provided for; and Distribution has been or will be made as provided in Rules 15.09 and 15.10.
The compliance filing must include the report and the distributee’s receipt or voucher.
Court's wording
The representative or attorney-in-fact within ninety (90) days after entry of the order of distribution (or any extension thereof, allowed by the court during said ninety (90) day period) shall present to the court the report of compliance together with the receipt or voucher of the distributee.
Within twenty days after receiving notice of an objection, the fee claimant must file a petition stating the estate’s asset and liability values, requested fee, work performed and planned, basis for the charge, and hours spent if billing hourly.
Court's wording
Within twenty (20) days after receipt of notice of such objection, the person claiming such fee or expense shall file a petition with the court setting forth the following: The value of the assets and liabilities in the estate for probate and tax purposes respectively; The amount of fee desired; and A summary of the work done and to be done, and a statement of the basis of the charge being made, e.g. a schedule of fees, results achieved, an hourly rate, or other reasons, including those set forth in Supreme Court Rule 1.5 of the Illinois Rules of Professional Conduct. Where the fees are based on an hourly rate, the number of hours spent shall be stated.
Whenever the name or place of residence of any such person is unknown or upon due diligence cannot be ascertained, an affidavit to that effect shall be filed with the clerk of the court having jurisdiction of the probate or guardianship estate by said executor or administrator.
If the petition seeks the appointment of a temporary guardian for the alleged disabled person, competent medical evidence shall be presented to the court.
To seek removal from the progress call through an extension request, the personal representative must file a written report and request using the applicable Appendix Q form before the call.
Court's wording
The case may be removed from the progress call if the personal representative files a final report and account together with a petition to close the estate, or files in writing and before the date of the progress call a report and request for extension of time to submit a final report on the appropriate form provided in Appendix Q-1, Appendix Q-2 and Appendix Q-3 herein.
Each current account shall disclose to the court the pendency of any claim, suit, or proceeding by or against the estate or representative of the estate and in estates of deceased persons any other reason, which prevents final distribution and termination of the estate.
Where the accounting is to be made to a minor or disabled person, a guardian ad litem shall be appointed to represent such person, unless excused by an order of court.
The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers which evidence receipt of any portion of the fund with the court within a time prescribed by the court.
A report of the guardian ad litem's recommendation regarding the proposed sale shall be made to the court in person or in writing.
When an estate has been distributed and the legal representative discharged, the estate may be reopened to permit administration of newly discovered assets or of an unsettled portion of the estate and for that purpose only upon the filing of a verified petition therefore.
A power of attorney or assignment must be signed by the distributee, authenticated, and acknowledged before the relevant American Consul unless the court accepts other evidence of its genuineness and validity.
Court's wording
Each power of attorney or assignment shall be signed by the distributee and properly authenticated, and acknowledged before the American Consul of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence relating to the genuineness of the validity of the power of attorney or assignment.
If the attorney-in-fact is neither the estate’s attorney nor an attorney, the attorney representing the attorney-in-fact must file an affidavit undertaking to supervise the funds’ distribution.
Court's wording
When an attorney-in-fact, authorized to receive the distributive share of the distributee, is not the attorney for the estate and is not an attorney, the attorney (affiant) representing the attorney-in-fact, shall file an affidavit, stating that the affiant will properly supervise the distribution of funds in the hands of the attorney-in-fact.
The representative or attorney-in-fact or assignee shall present a petition for leave to receive the distribution in a form prescribed by the court. When such petition is allowed by the court, an order in conformity therewith shall be entered.
The order closing an estate and discharging the legal representative shall be in writing and may be prepared in draft form and submitted by the legal representative of the estate or by the representative's attorney.
To maintain this SAFeR model training designation, each attorney shall subsequently complete at least two hours of circuit-approved domestic violence education every two years and provide evidence of completion to the presiding probate court judge.
In minor's or disabled person's injury cases, the attorney representing the legal representative of the minor or disabled person in a sworn petition shall include: Terms of employment, with copy of all contracts or correspondence verifying same. Itemized statement of services rendered in conformity with Rule 15.10.
Fee petitions for attorneys appointed to represent indigent parties must be submitted as provided in Local Rule 2.17.
Court's wording
Attorneys appointed to represent indigent parties will be compensated at the minimum rates set forth in Illinois Supreme Court Rule 299 and attorney fee petitions shall be submitted as set forth in Local Rule 2.17.
Unless excused by the court, such representative or attorney-in-fact or assignee shall furnish suitable bond with sureties in an amount to be fixed by the court in substantially the form set forth in Appendix L. The bond shall be conditioned upon the payment and delivery of the distributive share to the distributee.
The account-hearing notice must state the hearing’s time, place, and nature and substantially include the prescribed binding-effect sentence.
Court's wording
The notice shall contain the time, place, and nature of the hearing and substantially the following sentence: "If the account is approved by the court after the hearing, in the absence of fraud, accident, or mistake, the account as approved is binding upon all persons to whom this notice is given".
Filing & Service rules
Electronic Filing Rules
Judge’s courtesy copies must be submitted through eFileIL as separate documents in one e-filing envelope unless an e-filing waiver is granted.
2. Courtesy copies for the judge shall be submitted/delivered through eFileIL, as separate documents in the same e-filing envelope, unless an E-Filing Waiver is granted.
Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
Prove-up packets must be e-filed as separate documents in one envelope and exchanged by 4:30 p.m. three business days before the hearing unless an e-filing waiver is granted.
1. Prove-up packets shall be submitted through eFileIL as separate documents in the same e-filing envelope and exchanged by 4:30 pm three business days before the hearing, unless E-Filing Waiver is granted.
Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
Users must register with the Clerk and the authorized e-filing Vendor before electronically filing any document.
Prior to filing any document electronically, users are required to register with the Clerk of Court and the Court’s authorized e-filing Vendor.
Page 1 | E. AUTHORIZED USERS
The Clerk of the Circuit Court shall accept and approve filings electronically through a Vendor or through the Clerk’s computer workstation.
The Clerk of the Circuit Court shall accept and approve filings electronically through a Vendor or through the Clerk’s computer workstation.
Page 1 | E. AUTHORIZED USERS
The e-filing program must not prevent filing a valid pleading in conventional paper format.
At no time shall the e-filing program prevent or exclude the ability to file any valid pleading with the Clerk of the 17th Judicial Circuit Court in conventional paper format.
Page 1 | E. AUTHORIZED USERS
Attorneys registering to e-file must provide the specified firm, attorney, contact, and payment information.
Attorneys mustregister with the Clerk of Court and shall at a minimum providethe following information: firm name, attorney names and ARDC registration numbers, address, phone number, email address for e-service, staff contact information, and a selected approved method for paying filing fees.
Page 1 | E. AUTHORIZED USERS
Combined PDFs covering multiple cases or documents are not accepted, subject to the stated citation exception; separate case numbers require separate transactions, while documents in one case may be submitted together if uploaded and titled individually.
Bulk filings of multiple cases or multiple documents combined into one PDF document shall not be accepted; however, multiple citations being electronically filed may be transmitted to the Circuit Clerk as a single transaction directly from the law enforcement agency. Documents with different case numbers must be filed individually in separate transactions. Filing of individual documents within a case shall be accepted in a single electronic filing transaction; however, each individual document must be uploaded and titled individually in accordance with 17th Circuit Court General Order 9.09.
Page 1 | I.FORMAT OF DOCUMENTS
Documents in confidential, impounded, or sealed cases must be filed conventionally with the Circuit Clerk’s Office.
All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Circuit Clerk’s Office for filing.
Page 1 | H. PRIVACY
Electronic filing must not prevent or exclude conventional paper filing of a valid pleading.
At no time shall the ability to file electronically prevent or exclude the ability to file any valid pleading with the Clerk of the 17th Judicial Circuit Court in conventional paper format.
Page 1 | F. METHOD OF FILING
The Clerk must provide e-filing workstations to attorneys and parties in e-filed cases during normal business hours at no charge.
The Clerk of the Circuit Court shall provide attorneys and parties in e-filed cases access to an e-file computer workstation. E-filing workstations shall be available during normal business hours and without charge.
Page 1 | E. AUTHORIZED USERS
A document requiring a statutory fee for valid filing status must be e-filed in the same manner as other e-file documents.
The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.
Page 1 | M. COLLECTION OF FEES
Exhibits and photographs must be filed conventionally in Winnebago County and electronically in Boone County.
Exhibits and photographs shall be filed in a conventional manner in Winnebago County and electronically in BooneCounty.
Page 1 | C. DESIGNATION OF ELECTRONIC FILING CASE TYPES
With exception to the Notice of Personal Identity Information Within Court Filing per Supreme Court Rule 15 effective January 1, 2012, and the Notice of Confidential Information With Court Filing per Supreme Court Rule 138, effective July 1, 2013, wills (or other testamentary documents), documents required to be maintained in original form pursuant to the Manual on Recordkeeping, and notices in entirely impounded, sealed, expunged, or confidential cases, in addition to individual documents to be sealed or impounded or documents that are filed directly with the judge (e.g. proposed orders) shall be filed in the conventional manner of filing and not by e-filing.
With exception to the Notice of Personal Identity Information Within Court Filing per Supreme Court Rule 15 effective January 1, 2012, and the Notice of Confidential Information With Court Filing per Supreme Court Rule 138, effective July 1, 2013, wills (or other testamentary documents), documents required to be maintained in original form pursuant to the Manual on Recordkeeping, and notices in entirely impounded, sealed, expunged, or confidential cases, in addition to individual documents to be sealed or impounded or documents that are filed directly with the judge (e.g. proposed orders) shall be filed in the conventional manner of filing and not by e-filing.
Page 1 | C. DESIGNATION OF ELECTRONIC FILING CASE TYPES
Briefs and memoranda of law filed with the Winnebago County Circuit Court must be submitted through Winnebago County’s Electronic Filing System.
No briefs or memoranda of law may be filed with the Clerk of the Winnebago County Circuit Court except for filings made through Winnebago County’s Electronic Filing System.
Civil cases
Page 1 | 11.06 FILING OF BRIEFS OR MEMORANDUMS OF LAW
Fee petitions must be electronically filed when e-filing is mandated and submitted over the counter when it is not.
Fee Petitions, accompanied by a detailed invoice and proposed Order for Attorneys Fees, shall be e-filed in those cases where e-filing is mandated and be submitted over-the-counter in those cases where e-filing is not mandated.
Page 1 | 2.17 FILING AND APPROVAL OF ATTORNEY FEE PETITIONS
A homeowner seeking mediation must complete the application online by the applicable deadline or make alternative arrangements with the Program Administrator as the notice instructs.
Any Homeowner wishing to pursue mediation is to complete an application online before the application deadline set forth above in Section K. The application is to be completed online as instructed in the Notice of Mediation served with the Summons, or alternative arrangements are to be made with the Program Administrator as instructed in the Notice.
Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM
Proposed orders must be submitted through eFileIL as separate documents in the same e-filing envelope unless e-filing is unavailable for the case type.
Proposed Orders shall be submitted or delivered through eFileIL, as separate documents in the same e-filing envelope, unless e-filing is not available for the case type.
Page 1 | 2.10 REMOTE COURT APPEARANCES
When e-filing is unavailable for a case type, papers must be delivered to Court Administration or by another method ordered by the presiding judge.
In the event e-filing is not available for the case type, papers shall be delivered to the Court Administration Office or by any other means ordered by the presiding judge.
Page 1 | 2.10 REMOTE COURT APPEARANCES
Orders must no longer be submitted on paper or by email to the Judge, Trial Court Administration, or the Clerk.
Orders should no longer be submitted, whether in paper form or by email, to the Judge, Trial Court Administration, or the Clerk.
Page 1 | 9.14 Submission of Agreed or Proposed Orders - Civil and Family Cases
Agreed and proposed orders in civil and family cases must be submitted electronically through the process established by the respective Circuit Clerk.
Effective immediately, submission of agreed or proposed orders on all civil and family cases is to be accomplished electronically via the process established by the respective Circuit Clerk.
Page 1 | 9.14 Submission of Agreed or Proposed Orders - Civil and Family Cases
A remote emergency protective-order request may be filed from 8:00 a.m. to 4:30 p.m. using illinoisprotectionorder.org or another electronic filing system.
A request for an remote emergency protective order may be filed during the business hours of 8:00am to 4:30pm using illinoisprotectionorder.org or another electronic filing system of choice.
Page 1 | 14.10 REMOTE FILINGS AND COURT APPEARANCES FOR ORDERS OF PROTECTION STALKING NO CONTACT ORDERS AND CIVIL NO CONTACT ORDERS
Filing Timing and Cure Windows
In Winnebago County eviction cases, defendants must pay the fee or file a written waiver request within 48 hours of their first court appearance; otherwise, they may be defaulted and barred from trial participation.
You must either pay the fee, or file a written request to have it waived, within 48 hours of your first court appearance. If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in the trial.
Civil cases
Page 1 | Winnebago County Eviction Cases
In Boone County eviction cases, defendants must pay the fee or file a written waiver request within five business days before the hearing; otherwise, they may be defaulted and barred from trial participation.
You must either pay the fee, or file a written request to have it waived, within five business days prior to the hearing. If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in the trial.
Civil cases
Page 1 | Boone County Eviction Cases
In arbitration cases, defendants must pay the fee or file a written waiver request by the Court-established deadline; otherwise, they may be defaulted and barred from trial participation.
You must either pay the fee, or file a written request to have it waived, within any deadline established by the Court. If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in a trial.
Civil cases
Page 1 | Winnebago and Boone Arbitration Cases
For a summons requiring appearance on a specified day, the return date must be 40 to 61 days after issuance.
Illinois Supreme Court Rule 101(b)(1) states that a Summons requiring appearance on a specified day, the date of return specified in the summons shall not be less than 40 or more than 61 days after the issuance of the summons.
Civil cases
Page 1 | 9.04 SUMMONS REQUIRING APPEARANCE ON A SPECIFIED DAY
The receiver must file the first report at the same time as the inventory.
The first report of the receiver shall be filed at the time of filing of the inventory.
Civil cases
Page 1 | 13.06 REPORT OF RECEIVERS
The receiver must file a detailed estate report and inventory within 30 days after appointment, identifying all real and personal property and what is within the receiver's possession or control.
No later than thirty (30) days after appointment, the receiver shall file with the court a detailed report and inventory of all property, real and personal, of the estate and shall delineate the property then within the receiver's possession or control.
Civil cases
Page 1 | 13.04 INVENTORIES OF RECEIVERS
After the first report, the receiver must file additional reports at least annually.
Additional receiver reports shall be filed at least annually thereafter.
Civil cases
Page 1 | 13.06 REPORT OF RECEIVERS
The receiver must file a final report when the receivership terminates.
A final report shall be filed upon the termination of the receivership.
Civil cases
Page 1 | 13.06 REPORT OF RECEIVERS
When suit is filed contemporaneously with an appointment, the party seeking appointment must be prepared to file suit on the appointment date.
the party seeking appointment is prepared to file suit on the same day that the appointment is made
Civil cases
Page 1 | 3.03 Appointment of Special Administrators or Special Representatives
Plaintiff's counsel must submit the trial memorandum when the case is called for trial.
In jury cases to assist the court in its voir dire examination of jurors under Supreme Court Rule 234, plaintiff's attorney shall submit to the court at the time the case is called for trial a brief trial memorandum and furnish a copy to opposing counsel who may suggest amendments thereto.
Page 1 | 12.01 TRIAL MEMORANDUM, a. Preparation and Use
Pre-trial motions must be filed within 21 days after the initial pre-trial conference, but the court may allow later filing by leave for good cause shown.
Pre-trial motions shall be filed within twenty-one (21) days after the initial pre-trial conference, but for good cause shown may be filed at a later date by leave of court.
Page 1 | 7.05 County Division: Jury Procedural Rules - Winnebago County — B. Pre-Trial Motions
A motion slip using Appendices F and G must be filed in the circuit clerk's general division by noon on the day before the contested motion is to be heard.
Contested motions which have been served upon all parties in accordance with Supreme Court Rules shall be heard before the assigned judge by filing a motion slip Appendix F and Appendix G in the office of the circuit clerk, general division, by 12:00 noon of the day before the motion is to be heard.
Page 1 | 7.04 GENERAL DIVISION: CONTESTED MOTIONS - WINNEBAGO COUNTY
A fee claimant must file the required petition within twenty days after receiving notice of the objection.
Within twenty (20) days after receipt of notice of such objection, the person claiming such fee or expense shall file a petition with the court setting forth the following:
Page 1 | 15.14 FEES
A guardian must present an administration account within thirty days after the first year following issuance of letters; after the first account, further accounts are not required more often than once every three years unless the court orders otherwise.
An account of administration for each guardian shall be presented within thirty (30) days after the expiration of one year after the issuance of letters, and the guardian shall not be required to file such accounts (after filing the guardian's first account) more often than once every three (3) years, unless otherwise provided by order of court.
Page 1 | 15.12 FORM OF ACCOUNTS
Within 90 days after entry of the distribution order, or within a court-granted extension allowed during that period, the representative or attorney-in-fact must present a compliance report and the distributee’s receipt or voucher.
The representative or attorney-in-fact within ninety (90) days after entry of the order of distribution (or any extension thereof, allowed by the court during said ninety (90) day period) shall present to the court the report of compliance together with the receipt or voucher of the distributee.
Page 1 | 15.01 ATTORNEYS IN FACT AND REPRESENTATIVES OF FOREIGN COUNTRIES
A decedent’s personal representative must present an administration account within sixty days after twelve months following issuance of letters; after the first account, further accounts are not required more often than once every three years unless the court orders otherwise, until administration is complete.
An account of administration by each personal representative of a decedent's estate shall be presented within sixty (60) days after the expiration of twelve (12) months after the insurance of letters. The personal representative shall not be required to file an account after filing the first account more often than once every three (3) years, unless otherwise provided by order of court, until the administration is completed.
Page 1 | 15.12 FORM OF ACCOUNTS
Filing deadlines for motions and pleadings that fall on a legal holiday are extended to the next business day of the court.
The date for filing all motions and pleadings shall be extended to the next business day of this Court.
Page 1 | 1.05 Judicial Legal Holidays - Winnebago County
Local Rules and amendments must be filed with the Administrative Director within 10 days after adoption.
All Local Rules and any amendments to the Local Rules shall be filed with the Administrative Director of the Illinois Supreme Court within 10 days after they are adopted, pursuant to Supreme Court Rule 21.
Page 1 | 1.02 LOCAL RULES
Parties must complete the educational program within 90 days of the specified dissolution, parentage, or post-judgment petition filing or service.
Parties shall complete an Educational Program for Parents within ninety (90) days of: (1) the filing and/or service of any petition for dissolution of marriage involving minor children; (2) the filing and/or service of any petition to establish parentage by a private party where the issue of parentage is not disputed by the respondent and no final custody order or judgment has been entered; or (3) the filing of any post-judgment petition in a dissolution or parentage case in which (a) the petition raises disputed issues of custody and/or visitation; and (b) the parties have not previously attended an Educational Program for Parents.
Page 1 | 4.05 Educational Program for Parents
The PACT completion certificate must be filed before the hearing.
Proof of completion must be filed before the hearing. The PACT Program usually files proof of attendance with the Clerk. However, parties must check to make sure the certificate was filed.
Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
All proposed orders, court documents, and exhibits must be prepared and submitted in the stated manner at least three business days in advance.
ALL PROPOSED ORDERS, COURT DOCUMENTS AND EXHIBITS MUST BE PREPARED AND SUBMITTED AT LEAST THREE BUSINESS DAYS IN ADVANCE IN THE MANNER STATED IN THIS ORDER.
Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
Service and Proof of Service Rules
The Court-Based Rental Assistance Program notices must be served with the complaint.
Said notices shall be served with the complaint
Civil cases
Page 1 | 3.10 Evictions - Summons Attachments
In jury cases, plaintiff's counsel must furnish opposing counsel a copy of the trial memorandum.
In jury cases to assist the court in its voir dire examination of jurors under Supreme Court Rule 234, plaintiff's attorney shall submit to the court at the time the case is called for trial a brief trial memorandum and furnish a copy to opposing counsel who may suggest amendments thereto.
Page 1 | 12.01 TRIAL MEMORANDUM, a. Preparation and Use
Contested motions must be served on all parties under the Supreme Court Rules, and a motion slip using Appendices F and G must be filed with the circuit clerk's general division by noon the day before the hearing.
Contested motions which have been served upon all parties in accordance with Supreme Court Rules shall be heard before the assigned judge by filing a motion slip Appendix F and Appendix G in the office of the circuit clerk, general division, by 12:00 noon of the day before the motion is to be heard.
Page 1 | 7.04 GENERAL DIVISION: CONTESTED MOTIONS - WINNEBAGO COUNTY
Filings required by the progress-call rule must be provided to all parties of record, including guardians ad litem who have not waived notice.
All filings required by this rule shall be provided to all parties of record, including guardians ad litem, who have not waived notice.
Page 1 | 15.005 PROGRESS CALLS
A guardian seeking discharge must give notice at least ten days before the application to unpaid claimants, specified heirs or estate representatives, the minor or disabled person when guardianship ends, an appointed guardian ad litem unless excused, and any successor guardian.
The guardian, seeking to be discharged, shall give notice at least ten (10) days prior to the date of such intended application: To all unpaid claimants; To the heirs at law of a deceased minor or disabled person or to any known acting administrator or executor of the deceased's estate; To the minor or disabled person in the event the guardianship is being terminated; To a guardian ad litem of the minor or disabled person who shall be appointed by the court to review the accounting of the guardian, unless excused by order of the court; and To any successor guardian.
Page 1 | 15.13 FINAL SETTLEMENT OF GUARDIAN OF THE ESTATE WITH WARD
Before an order directing repayment of court-deposited funds is entered, notice must be served on the county state’s attorney, the attorney for and former legal representative, and any other persons directed by the court.
Before an order is entered directing the county treasurer to pay money theretofore deposited by order of court, notice shall be served on: The states' attorney of the county; The attorney for and the former legal representative; and Such other persons as the court directs.
Page 1 | 15.16 WITHDRAWAL OF MONEY ON DEPOSIT WITH THE COUNTY TREASURER - RECOVERY OF ESCHEATED PROPERTY
Notice of the specified guardian-account hearing must be given as provided in subsection (a) to the listed minor or disabled person, guardian ad litem, unresolved or unpaid claimants, heirs or legal representative, and, where entitled, the specified Veterans Affairs attorney.
Notice of the hearing on final account of a guardian or of a current account that is intended to be binding pursuant to the Probate Act shall be given in the same manner as provided in section (a) of this rule to the minor or disabled person to whose estate the account relates, if living; to the guardian ad litem; to each claimant, whose claim has been filed and remains undetermined or unpaid; to the heirs at law or legal representative of a deceased minor or disabled person; and where entitled, to the chief attorney of the Administrator of Veterans Affairs.
Page 1 | 15.09 ACCOUNTS
If a person’s name or residence is unknown or cannot be found with due diligence, the executor or administrator must file an affidavit and publish notice at least once in a county newspaper at least twenty days before the hearing.
Whenever the name or place of residence of any such person is unknown or upon due diligence cannot be ascertained, an affidavit to that effect shall be filed with the clerk of the court having jurisdiction of the probate or guardianship estate by said executor or administrator. Notice shall then be given to such person by publication thereof at least once in a newspaper of general circulation, published in the county where the probate or guardianship proceedings have been conducted, at least twenty (20) days prior to the date of the hearing.
Page 1 | 15.09 ACCOUNTS
For an entitled person other than the minor or disabled person who has an attorney with an appearance on file, motion notice must be sent to the attorney at least ten days before the hearing.
If a person entitled to notice other than the minor or disabled person is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than ten (10) days before the date set for the hearing.
Page 1 | 15.09 ACCOUNTS
Within seven days, a certified copy of the appointment order must be served on a ward older than twelve, and certified-mail notice of the appointment must be given to persons entitled under the cited Probate Act sections; notice and summons may be waived at the court’s discretion.
Notice and summons may, in the court's discretion, be waived, however a certified copy of the order appointing the temporary guardian shall be served upon a ward over the age of twelve (12) years within seven (7) days. Notice of the appointment of the temporary guardian also shall be given, within seven (7) days, by certified mail, to all persons entitled to receive notice under the Probate Act secs. 11-10.1 or 11a-10(f).
Page 1 | 15.05 TEMPORARY GUARDIAN
Notice of the specified account hearing must be written and accompanied by a copy of the account, except when notice is by publication.
Such notice shall be in writing, accompanied by a copy of the account, except where notice is to be given by publication.
Page 1 | 15.09 ACCOUNTS
If an entitled person is represented by a listed representative or guardian ad litem, motion notice must be sent to that representative at least ten days before the hearing.
If a person entitled to notice is represented by a representative of a foreign country or an attorney-in-fact or an assignee whose appearance is on file, or guardian ad litem, notice as required for motions shall be sent to such representative, not less than ten (10) days before the date set for hearing.
Page 1 | 15.09 ACCOUNTS
Notice must be given at least ten days before the hearing as provided by Supreme Court Rules, except publication notice and notice to a person outside the continental United States, which must be sent by airmail at least twenty days before the hearing.
The notice shall be given at least ten (10) days prior to the hearing in the manner, provided by Supreme Court Rules, except when notice is by publication as herein provided, and except whenever the person resides outside the continental limits of the United States, the notice shall be by airmail at least twenty (20) days prior to the date of the hearing.
Page 1 | 15.09 ACCOUNTS
Before closing the estate, an objector to a fee or expense must file a statement of objection with the clerk and serve notice of the filing on the claimant within ten days after filing.
If any fee or expense is objected to by the personal representative or by any other interested person having legal standing to object, prior to closing the estate, the objecting person shall file a statement reciting such objection with the clerk of the court and shall serve notice of such filing upon the person claiming such fee or expense within ten (10) days after such filing.
Page 1 | 15.14 FEES
Notice of a petition to sell a ward’s personal or real property must be given to the ward and the guardian ad litem.
Notice of a Petition for Sale of a ward's personal or real property shall be given to the ward and to the guardian ad litem.
Page 1 | 15.06 SALE OF WARD'S PROPERTY
Notice of a reopening hearing must be served under the rules for motion notice; if the petition seeks a different legal representative, notice must be served at least twenty days before the hearing on all persons with equal or superior administration or nomination rights.
Serving of notice of the hearing on the petition shall be made in accordance with rules governing notice of motions, except that if the petition seeks the appointment of a legal representative other than the one who was acting when the estate was closed, service of the notice shall be made not less than twenty (20) days before the hearing on all persons, entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner.
Page 1 | 15.17 REOPENING ESTATES TO ADMINISTER NEWLY DISCOVERED ASSETS OR UNSETTLED PORTION OF THE ESTATE
For a reopening petition by the former legal representative, hearing notice must be given as the court directs; for a petition by another interested person, notice must be given to the former legal representative and other persons directed by the court.
When the person seeking to reopen the estate is the former legal representative, such notice of the hearing on the petition shall be given as the court directs. When any other interested person seeks to reopen the estate, notice of the hearing shall be given to the former legal representative and to such other persons as the court directs.
Page 1 | 15.17 REOPENING ESTATES TO ADMINISTER NEWLY DISCOVERED ASSETS OR UNSETTLED PORTION OF THE ESTATE
In Winnebago County, the original report and one copy must be delivered in a sealed, attorney-labeled envelope to the State’s Attorney’s Office, and copies for other attorneys of record must be delivered to the CASA Office.
In Winnebago County, the original report and one copy shall be delivered in a sealed envelope to the reception desk of the State’s Attorney’s Office located at the Juvenile Justice Center. Copies for all other attorneys of record shall be delivered to the CASA Office located at the Juvenile Justice Center. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.
Page 1 | 7.02 Juvenile Court Reports
In Boone County, reports, including the original and a copy for each attorney of record, must be delivered in a sealed, attorney-labeled envelope to the Juvenile Department of the Circuit Clerk’s office.
In Boone County such reports, including the original and a copy for each attorney of record, shall be delivered in a sealed envelope to the Juvenile Department of the Circuit Clerk’s office. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.
Page 1 | 7.02 Juvenile Court Reports
Each designated attorney must obtain the reports at the county drop-off location no later than seven business days before the hearing.
Each designated attorney shall obtain said reports within seven (7) business days prior to said court hearing at the drop off location in each county, detailed above.
Page 1 | 7.02 Juvenile Court Reports
Statutorily or court-required reports must be delivered at least 14 business days before the hearing for which they are prepared.
All reports required by statute or by order of court shall be delivered no later than fourteen (14) business days prior to the date of the hearing for which the report is prepared, and shall include a cover sheet as set forth in Appendix QQ.
Page 1 | 7.02 Juvenile Court Reports
Filing Fees and Waivers
One appearance fee is due for a single appearance entered for several parties; separate appearances require separate fees.
If a single appearance is entered for several parties, a single appearance fee shall be paid. If separate appearances are entered for several parties, either by the same or different attorneys, separate appearance fees shall be paid.
Civil cases
Page 1 | 9.01 APPEARANCE FEES - SEVERAL PARTIES
In Winnebago County eviction cases, plaintiffs must pay a fee to bring the case and defendants must pay a fee to contest it at trial.
Illinois law requires plaintiffs to pay a fee to bring an eviction case, and it also requires defendants to pay a fee if they want to contest those cases at trial.
Civil cases
Page 1 | Winnebago County Eviction Cases
In Winnebago and Boone County arbitration cases, plaintiffs must pay a fee to file the case and defendants must pay a fee to contest it.
Illinois law requires plaintiffs to pay a fee to file a case, and it also requires defendants to pay a fee if they want to contest those cases.
Civil cases
Page 1 | Winnebago and Boone Arbitration Cases
A petitioner proceeding under Supreme Court Rule 204(b) must pay the same fee charged to commence a civil action.
The petitioner shall pay the same fee as if commencing a civil action.
Civil cases
Page 1 | 3.07 Petition to Subpoena Witnesses
Defendants admitted to the program must pay a program fee capped at $1,000.00 to the Winnebago County Treasurer’s Office.
Defendants admitted to the program shall be ordered to pay fees, fines and costs made payable to the Winnebago County Treasurer’s Office as follows: Non-Refundable Application Fee of $50.00 Program Fee not to exceed $1,000.00
Criminal cases
Page 1 | General Provisions
Defendants admitted to the program must pay a non-refundable $50 application fee to the Winnebago County Treasurer’s Office.
Defendants admitted to the program shall be ordered to pay fees, fines and costs made payable to the Winnebago County Treasurer’s Office as follows: Non-Refundable Application Fee of $50.00
Criminal cases
Page 1 | General Provisions
When both parties have full or partial fee waivers, the court must allocate GAL or mediator fees using the chart, and the appointment order must state each party’s percentage.
If both parties have full or partial fee waivers, the court shall determine how the GAL or Mediator fees shall be paid, following the guideline percentages listed in the chart below:The Order Appointing GAL or Mediator shall indicate what percentage each party is to bear for services rendered by the GAL or Mediator.
Page 1 | 4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees
When one party has no fee waiver and the other has a full or partial waiver, the party without a waiver is responsible for all GAL or mediator fees.
If one party does not have a fee waiver, and the other has a full or partial fee waiver, the party without a fee waiver shall be responsible for 100% of the GAL or Mediator fees.
Page 1 | 4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees
Subscribers must maintain either a prepaid draw-down account with the Clerk or a valid electronic payment account with the Vendor to pay statutory filing fees.
All subscribers shall establish either a pre-paid draw down account with the Clerk of the Court or maintain a valid electronic payment account with the e-filing Vendor for the payment of statutory filing fees.
Page 1 | M. COLLECTION OF FEES
Payment of filing fees is stayed while the Court considers a fee-waiver petition based on indigence.
When the electronic filing includes a request for waiver of fees by a petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition.
Page 1 | M. COLLECTION OF FEES
The Vendor collects required filing fees from subscribers by direct billing unless a court order or law waives the fee.
The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the subscriber through direct billing of that subscriber, unless the payment of the fee has been waived by court order or law.
Page 1 | M. COLLECTION OF FEES
A residential foreclosure counterclaim incurs the additional filing fee, and the counterplaintiff must email filing notice to the Program Administrator within seven calendar days.
Where the complaint to foreclose a mortgage takes the form of a Counterclaim (i.e. the original complaint is a mechanics lien), any counterclaims to foreclose a residential mortgage must pay the extra filing fee set forth above in Section A. Within 7 calendar days of filing a Counterclaim seeking foreclosure of a residential mortgage, the counter plaintiff shall send notice of this filing to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it..
Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM
Residential foreclosure complaints in Boone and Winnebago Counties must designate mediation status and incur an additional $150 filing fee.
In all Winnebago and Boone County cases where a complaint is to foreclose a mortgage on residential real estate (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation and the Circuit Clerk shall charge an additional filing fee to defray the cost of the Foreclosure Mediation Program. The fees collected shall be forwarded to the County Treasurer for the County in which the case is filed and maintained in a separate fund subject to disbursement on order of the Chief Judge of the Seventeenth Judicial Circuit. The additional fee for such case is set at $150 per filing.
Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM
A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.
A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.
Page 1 | 16.07 MOTIONS TO RESCIND AN ORDER SEALING OR IMPOUNDING A FILE
Unless an exception applies, a $200 DNA analysis fee is due at sentencing; for good cause, the court may set a payment schedule that does not exceed 24 months from sentencing.
Unless the conditions under D-1 have been satisfied, the offender shall be directed to pay to the clerk of the court an analysis fee of $200.00, in addition to any other disposition, penalty, costs or fines imposed. The fee shall be paid at the time of sentencing unless the court establishes, for good cause, the fee cannot be paid forthwith. In such event the court shall establish a collection fee schedule which shall not exceed 24 months from time of sentencing.
Page 1 | 2.07 Genetic Marker Group (DNA) Testing
Before authorizing public payment of a major case expense in a case with an approved fee waiver, the judge must reassess the applicant’s current financial eligibility.
In cases where an Application for Waiver of Fees has been approved, the judge presiding in the case shall, before authorizing public payment of a major case expense (including payment of fees for a guardian ad litem, mediation, parenting class, or preparation of the record on appeal) re-examine the applicant as to present financial status to determine if the applicant is still eligible for a fee waiver, in a manner not inconsistent with 735 ILCS 5/5-105 subparts f-5 and f-10.
Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases
A financially unable litigant in a Winnebago County eviction case may request a fee waiver in writing with supporting documents.
If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.
Civil cases
Page 1 | Winnebago County Eviction Cases
No additional fee is due when the appointment documents are filed as part of the contemporaneously filed civil case.
(with no additional fee to be paid)
Civil cases
Page 1 | 3.03 Appointment of Special Administrators or Special Representatives
The existing dissolution transcript fee order is abolished, retroactive to October 1, 1997.
It is hereby ordered that the existing General Order 4.04 Dissolution of Marriage - Transcript Fee is abolished in its entirety retroactive to October 1, 1997.
Page 1 | 4.04 Dissolution of Marriage - Transcript Fee
The court must initially determine each party’s ability to pay GAL or mediator fees.
The court shall make an initial determination of each party’s ability to pay GAL or Mediator fees.
Page 1 | 4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees
A party assigned all appointed-attorney fees may petition for a contribution within the amount allowed by the other party’s fee-waiver eligibility.
If one party is assigned 100% of appointed attorney fees, then said party may petition the Court for contribution from the other party in an amount not in excess of what is legally permissible based on fee waiver eligibility.
Page 1 | 4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees
When neither or only one party has a fee waiver, the GAL or mediator sets the hourly rate.
When neither or only one party has a full or partial fee waiver, the hourly rate will be set by the GAL or Mediator.
Page 1 | 4.07 Civil Fee Waivers Affecting Guardian ad Litem and Mediator Fees
Courtesy Copy Requirements
Courtesy copies of required virtual-hearing documents and exhibits must reach the Court by 4:30 p.m. three business days before the hearing.
1. Any Court documents or exhibits required for a virtual hearing shall be exchanged between the parties, courtesy copies to the Court, no later than 4:30 pm three business days before the virtual hearing.
Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
Paper courtesy copies customarily required by the Court remain required in e-file cases unless the Court orders otherwise.
Paper courtesy copies of documents customarily required to be provided to the court shall continue to be required in e-file cases, absent a specific court order to the contrary.
Page 1 | L. COURTESY COPIES AND FILING PROOF OF SERVICE
The media coordinator must provide the court media liaison a courtesy copy of every filed extended-media request.
The media coordinator shall provide a courtesy copy of all filed requests for extended media coverage to the court media liaison.
Page 1 | 2.12 EXTENDED MEDIA COVERAGE
The Court may request additional courtesy copies by email or hand delivery on a case-by-case basis.
The court may request additional courtesy copies to be submitted via email or hand-delivery on a case by case basis.
Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division
The court may request additional courtesy copies by email or hand delivery on a case-by-case basis.
The court may request additional courtesy copies to be submitted via email or hand-delivery on a case by case basis.
Page 1 | 2.10 REMOTE COURT APPEARANCES
Courtesy copies of briefs should be provided to the judge through the trial court administration office.
Courtesy copies of briefs should be provided to the judge in the case via the trial court administration office.
Civil cases
Page 1 | 11.06 FILING OF BRIEFS OR MEMORANDUMS OF LAW
Sealing & Redaction Procedures
After the judge reviews the test results, the circuit clerk must seal the documents in the court file unless the court orders otherwise.
Once the judge has finished reviewing the results, unless otherwise ordered by the court, the circuit clerk will seal the documents in the court file.
Page 8 | 8.03 Court Ordered Disease Testing
Search warrant records must be impounded upon filing and remain impounded until further court order, regardless of the warrant’s status; they are unavailable to the public but accessible to parties of record and as the court directs, and access may be sought under Local Rule 16.07.
All search warrant records shall be impounded upon filing pursuant to Part 1, Section L, paragraph 2(b) of the Manual on Record Keeping. Further, in order to protect the integrity of criminal investigations, promote the safety of law enforcement officers and confidential informants, safeguard the privacy interests of victims and witnesses, prevent the premature disclosure of investigative information, and further the administration of justice, all search warrant records shall remain impounded until further order of the court regardless of whether the warrant has been executed, returned, unexecuted, or otherwise concluded. As impounded documents, search warrant records shall not be available for public access but shall be available to parties of record and otherwise as directed by order of the court. Access to impounded court records and/or documents may be sought pursuant to Local Rule 16.07.
Page 1 | 19.04 FILING AND IMPOUNDING OF SEARCH WARRANT RECORDS — C. Impoundment of Search Warrant Records
A party seeking to file under seal without a prior order must e-file a motion for leave explaining the legal basis and must not attach the document at issue.
A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal. The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question may not be attached to the motion as an attachment.
Page 1 | H. PRIVACY
Filing counsel must ensure electronically filed documents and permitted exhibits do not disclose protected sealed, impounded, or private information.
It is the responsibility of the filing party counsel to insure that documents or exhibits (as allowed) filed electronically do not disclose previously or statutorily impounded or sealed information or private information defined in Supreme Court Rules 15 and 138.
Page 1 | H. PRIVACY
Juror personal information must be sealed and may be provided only as General Order 9.07 permits.
Personal information about jurors will be sealed in the court file and only may be provided as described in General Order 9.07.
Page 1 | 2.05 JURORS
The judge who ordered impoundment must review the file to decide whether it will remain impounded.
The judge ordering the case, records or document impounded shall review the file to determine whether the case, records or document will remain impounded.
Page 1 | 16.06 REVIEW OF IMPOUNDED FILES
Reports concerning adjudication of disability and appointment of a guardian must be impounded subject to the cited statute.
Reports filed with respect to adjudication of disability and appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.
Page 1 | 16.02 SPECIFIED EXCEPTIONS
If the judge who ordered impoundment is no longer available, the case must be referred to the Chief Judge or designee for review.
If the judge ordering the file, record or document to be impounded is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.
Page 1 | 16.06 REVIEW OF IMPOUNDED FILES
Mental health records must be impounded subject to the cited statute.
Mental health records shall be impounded subject to the terms of 740 ILCS 110/1 et. seq.
Page 1 | 16.02 SPECIFIED EXCEPTIONS
Unless the written order says otherwise, the clerk must annually present the judge with a list of the files, records, or documents the judge sealed.
Unless otherwise specified on the written order, on an annual basis, the clerk of the court shall present for the judge's review, a list of all files, records or documents sealed by the judge.
Page 1 | 16.04 REVIEW OF SEALED FILES
Unless the written order says otherwise, the clerk must annually present the judge with a list of the files, records, or documents the judge impounded.
Unless otherwise specified on the written order, on an annual basis, the clerk of the court shall present for the judge's review, a list of all files, records or documents impounded by the judge.
Page 1 | 16.06 REVIEW OF IMPOUNDED FILES
Except where statute or the Manual on Recordkeeping provides otherwise, files, records, or documents may be sealed or impounded only by a judge's written order.
Except as otherwise provided by statute or the Manual on Recordkeeping, files, records or documents may be impounded or sealed only upon written order of a judge.
Page 1 | 16.01 WRITTEN ORDER REQUIRED
Adoption files must be impounded subject to the cited statute.
Adoption files shall be impounded subject to the terms of 750 ILCS 50/18.
Page 1 | 16.02 SPECIFIED EXCEPTIONS
The judge who ordered sealing must review the file to decide whether it will remain sealed.
The judge ordering the case, records or document sealed shall review the file to determine whether the case, records or document will remain sealed.
Page 1 | 16.04 REVIEW OF SEALED FILES
The clerk must not seal or impound any file or part of a file without a written order, unless law or the Manual on Recordkeeping requires otherwise.
The clerk of the court shall not impound or seal any file or any part thereof without a written order unless otherwise required by law or the Manual on Recordkeeping.
Page 1 | 16.01 WRITTEN ORDER REQUIRED
If the judge who ordered sealing is no longer available, the case must be referred to the Chief Judge or designee for review.
If the judge ordering the file, record or document to be sealed is no longer available, then the case shall be referred to the Chief Judge or his or her designee for review.
Page 1 | 16.04 REVIEW OF SEALED FILES
A motion to impound must be written, presented to the assigned judge, and accompanied by appropriate notice to all parties of record.
All motions to impound a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record.
Page 1 | 16.05 PROCEDURE FOR IMPOUNDMENT
Juvenile files must be impounded subject to the cited statutes and local-rule provision.
Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8, 705 ILCS 405/5-901 and paragraph 16.02(a)(2) of this Local Rule No. 16.
Page 1 | 16.02 SPECIFIED EXCEPTIONS
Fitness reports and psychological or psychiatric evaluations must be impounded subject to the cited statute.
Fitness reports, psychological and/or psychiatric evaluations shall be impounded subject to the terms of 725 ILCS 5/104-19.
Page 1 | 16.02 SPECIFIED EXCEPTIONS
All court proceedings under the Parental Notice of Abortion Act section must be sealed.
All Court proceedings under this Section shall be sealed. (750 ILCS 70/25).
Page 1 | 16.02 SPECIFIED EXCEPTIONS
Filing Bundling Requirements
The required documents in foreclosure judgment-motion submissions must be filed separately, not bundled together.
Note that all documents are to be filed separately, and not bundled together. (See General Order 9.09).
Civil cases
Page 1 | 10.04 MOTIONS IN FORECLOSURE CASES
When a briefing schedule is entered, briefs, responses, and replies are delivered to the circuit judge's secretary as they are received rather than held until briefing is complete.
Deliver all briefs, responses, and replies to the circuit judges' secretary as received.
Civil cases
Page 1 | 3.08 Briefing Schedules - Civil Division
In general, separate documents should not be bundled together when filed (i.e., stapled together when physically filed, or scanned together when e-filed). Doing so inhibits the court’s ability to find separate documents via the Court’s electronic record.
In general, separate documents should not be bundled together when filed (i.e., stapled together when physically filed, or scanned together when e-filed). Doing so inhibits the court’s ability to find separate documents via the Court’s electronic record.
Page 1 | 9.09 Bundling of Court Documents
The following documents are deemed to be of independent legal significance, and so they should be filed separately rather than being bundled with other documents: Returns of service of summons; Notices of Motion; Military Affidavits; Appearances; Any certificate of publication; and In foreclosure cases, the following types of documents: prove-up affidavits; attorney fee affidavits; loss mitigation affidavits; sale documents, including the report of sale, certificate of sale, receipt of sale; motion for approval of sale; notice of motion for approval.
The following documents are deemed to be of independent legal significance, and so they should be filed separately rather than being bundled with other documents: Returns of service of summons; Notices of Motion; Military Affidavits; Appearances; Any certificate of publication; and In foreclosure cases, the following types of documents: prove-up affidavits; attorney fee affidavits; loss mitigation affidavits; sale documents, including the report of sale, certificate of sale, receipt of sale; motion for approval of sale; notice of motion for approval.
Page 1 | 9.09 Bundling of Court Documents
A party may bundle a motion with supporting exhibits unless an exhibit is one of the separately filed types listed in part (b).
This rule does not prevent a party from bundling a motion with supporting exhibits, unless the exhibit is of a type specified in part (b), below.
Page 1 | 9.09 Bundling of Court Documents
Pre-Motion Conference Requirements
A party objecting to the draft order’s form must personally consult with its drafter within 21 days after the oral ruling.
Any party objecting to the form of the draft order shall personally consult with the drafter within twenty-one (21) days after the oral ruling
Civil cases
Page 1 | 8.00 WRITTEN ORDERS AND JUDGMENTS (CIVIL)
A party may seek interim or emergency relief at any time, and mediation continues during the motion unless the court orders otherwise or the mediator adjourns it.
A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court or a decision of the mediator to adjourn pending disposition of the motion.
Page 1 | 2.08 COURT-ANNEXED MEDIATION
Adjournment & Extension Requirements
After a criminal case is set for trial, a motion for continuance must comply with the cited Code of Criminal Procedure provision.
After a case has been set for trial, any motion for continuance must comply with the Code of Criminal Procedure 725 ILCS 5/114-4.Appendix B
Page 1 | 7.05 County Division: Jury Procedural Rules - Winnebago County — C. Motions for Continuance — 1. Criminal Trials
After a civil case is set for trial, a motion for continuance must comply with Supreme Court Rule 231.
After a case has been set for trial, any motion for continuance must comply with Supreme Court Rule 231.
Page 1 | 7.05 County Division: Jury Procedural Rules - Winnebago County — C. Motions for Continuance — 2. Civil Trials
Absent extraordinary circumstances, a party who misses e-service for one of the listed system or service-list failures is entitled to an order extending response or performance deadlines, but statutory and Illinois Supreme Court deadlines cannot be waived under this provision.
If electronic service on a party does not occur because of (1) inaccessibility to the Vendor's system, (2) an error in the Vendor's transmission of notice to the party being served, (3) the Vendor's failure to process the electronic filing for service, or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed. This provision does not purport to empower the court to waive deadlines established by statute or by the Illinois Supreme Court.
Page 1 | L. COURTESY COPIES AND FILING PROOF OF SERVICE
Absent extraordinary circumstances, a person prejudiced by an order making a later filing effective as of the first attempt is entitled to an extension for a response or other required act.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court's order to accept a subsequent filing effective as of the date filing was first attempted shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 1 | N. SYSTEM OR USER ERRORS
A party seeking to advance or postpone an arbitration hearing must file a written motion, serve the required recipients, and state a concise reason; the judge may grant it for good cause.
Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written motion with the office of the circuit clerk requesting such change. Such motion and notice of hearing thereon shall be served upon counsel for all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon the calendar of the supervising judge for arbitration and shall likewise be served upon the arbitration administrator. The motion shall contain a concise statement of the reason for the change of hearing date. The supervising judge may grant such advancement or postponement upon good cause shown.
Page 1 | 2.07 MANDATORY ARBITRATION
If for any reason either party cannot attend a mediation session or feels additional time is needed, they may request a continuance. The party requesting the continuance shall contact the Program Administrator to make such a request at least 10 calendar days prior to the scheduled session unless it is an emergency situation.
If for any reason either party cannot attend a mediation session or feels additional time is needed, they may request a continuance. The party requesting the continuance shall contact the Program Administrator to make such a request at least 10 calendar days prior to the scheduled session unless it is an emergency situation.
Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM
Homeowners must meet application or administrator deadlines for mediation documents; the administrator may grant up to a seven-day extension for a good-faith effort to comply.
The Homeowner must comply with the deadlines established in the Application, or by the Program Administrator, for the submission of documents necessary to pursue mediation. The Program Administrator may extend any such deadlines for submission of documents by up to 7 days if the Homeowner is making a good-faith effort to comply.
Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM
The case may be removed from the progress call if the personal representative files a final report and account together with a petition to close the estate, or files in writing and before the date of the progress call a report and request for extension of time to submit a final report on the appropriate form provided in Appendix Q-1, Appendix Q-2 and Appendix Q-3 herein.
The case may be removed from the progress call if the personal representative files a final report and account together with a petition to close the estate, or files in writing and before the date of the progress call a report and request for extension of time to submit a final report on the appropriate form provided in Appendix Q-1, Appendix Q-2 and Appendix Q-3 herein.
Page 1 | 15.005 PROGRESS CALLS
Matters returnable on a legal holiday are continued to the next day the court is open.
All matters returnable on said legal holidays shall be continued to the next day of this Court.
Page 1 | 1.05 Judicial Legal Holidays - Winnebago County
The coordinator may schedule or extend sessions up to 21 business days after the first appearance; later sessions require mutual agreement.
The Program Coordinator, in her discretion, may extend scheduling of the first session, and may schedule any subsequent mediation sessions, up to 21 business days from the first court appearance. Mediation sessions outside of 21 business days may be scheduled only by mutual agreement of the parties.
Page 1 | 2.18 COURT-ANNEXED EVICTION MEDIATION
A hearing may be set by continuance, by party agreement with notice to all parties, or by court order noticed by the clerk.
Cases may be set for hearing at the designated times before each judge by continuance from a previous hearing, by agreement of the parties on notice to all parties, or by order of the court as noticed by the clerk.
Page 1 | 2.02 Felony Judge Status Calls - Winnebago County
The mediator may adjourn mediation and set a reconvening time; parties present at the adjourned conference need no further notice.
The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference notwithstanding Sec. (I) of this local rule. No further notification is required for parties present at the adjourned conference.
Page 1 | 2.08 COURT-ANNEXED MEDIATION
Chambers Communication Rules
When an assigned probation officer identifies a violation requiring court attention, notice must be emailed to the assigned States Attorney, defense attorney, and judicial administrative assistants, with the assigned judge copied.
3. Should the assigned probation officer identify a violation the officer feels is in need of a court sanction, petition, or other attention, notice shall be given as follows: (a) via email to assigned States Attorney, defense attorney, and all judicial administrative assistants; (b) cc of the email to the assigned judge.
After receiving the email, the assigned judge’s administrative assistant must promptly notify the clerk’s office of the selected date, and the clerk’s office must notify the parties of the hearing date and time.
4. Upon receipt of the email referenced in the preceding paragraph, the administrative assistant for the assigned judge will obtain and promptly notify the clerk’s office of the selected date and the clerk’s office shall notify the parties of the date and time on which the matter will be heard in court.
The parties of record must immediately communicate information about a jury case's pending status to the chief judge's office.
Information concerning the pending status of a jury case shall be immediately communicated to the chief judge's office by the parties of record.
Page 1 | 7.02 GENERAL DIVISION: JURY CASES (CIVIL) — B. Winnebago County
If the assigned trial judge is unavailable, the circuit clerk must be notified of the jury case's status.
If the judge is unavailable, the circuit clerk shall be notified of the status.
Page 1 | 7.02 GENERAL DIVISION: JURY CASES (CIVIL) — A. Boone County
Information about the status of a jury case must be communicated to the assigned trial judge.
Any information concerning status of a jury case shall be communicated to the assigned trial judge.
Page 1 | 7.02 GENERAL DIVISION: JURY CASES (CIVIL) — A. Boone County
An attorney answering ready for trial must tell the judge about another matter that could conflict with trying the case.
An attorney answering ready for trial on a case must disclose to the judge whether he or she has answered ready, or intends to answer ready, for another matter which would conflict with the ability to try the subject case.
Criminal cases
Page 1 | B. Double-Booking
Transcript copies must be ordered directly from the OCR or DCR staff member of record.
Copies of transcripts shall be ordered directly from the OCR or DCR staff of record.
Page 1 | D. Transcripts Requests and Costs
Before each proceeding, the party who hired a private court reporter must inform the clerk of the reporter's name, address, firm, and Illinois license number.
On a daily basis, before commencing with the subject proceeding, the party who engaged the private court reporter shall inform the clerk of the reporter's name, address, court reporting firm and State of Illinois license number;
Page 1 | B. Official Court Record
If the challenger and certifying CRS employee cannot agree on the challenged portions, those portions must be identified in writing and provided to the CRS Supervisor.
If the certifying CRS employee and the person challenging the transcript's accuracy cannot agree upon the challenged portions, those portions shall be identified in writing and provided to the CRS Supervisor.
Page 1 | E. Transcript Certification and Accuracy
For a transcript accuracy challenge, the challenged portions must be identified in writing and provided to the CRS Supervisor, with a copy given to the certifying CRS employee.
Every challenged portion of the transcript shall be identified in writing and provided to the CRS Supervisor. A copy of the challenged portion of the transcript shall be given to the certifying CRS employee to make the necessary corrections.
Page 1 | E. Transcript Certification and Accuracy
The requesting party must notify the Court Administrator’s Office in writing of interpreter-scheduling changes and cancel services as soon as possible, no later than six business days before the next court date.
A requesting party has the continuing duty to advise the Court Administrator’s Office in writing of any changes affecting the scheduling of the interpreter, including rescheduling of court dates, new court dates, change of hearing type, or the anticipated non-appearance of the LEP party. Cancellation of interpretation services shall be made as soon as possible, and no later than six business days prior to the next court date, by notification to the Court Administrator’s Office to avoid undue expense and inconvenience.
Page 1 | 2.16 INTERPRETATION SERVICES
The plaintiff must email the Program Administrator notice of the designation change within seven calendar days after filing the amended complaint.
The plaintiff shall also provide notice of this change to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. within 7 calendar days of filing the amended complaint.
Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM
Counsel must immediately notify the arbitration administrator of a settlement or change of appearance.
Counsel shall give immediate notification to the arbitration administrator of any settlement of cases or changes of appearance. Failure to do so may result in the imposition of sanctions.
Page 1 | 2.07 MANDATORY ARBITRATION
The moving party must email the appointed evaluator a copy of the appointment order on the same or next business day.
The moving party shall send a courtesy email to the appointed evaluator on the same or next business day attaching the order appointing the evaluator to conduct the evaluation as to fitness to stand trial or to determine if a bona fide doubt exists as to the defendant’s fitness to stand trial.
Page 1 | 2.18 Protocols in Relation to Bona Fide Doubt as to the Defendant's Fitness to Stand Trial
A party planning to request unshackling on the day of a proceeding without an advance court order must give Winnebago County Corrections at least 24 hours’ advance notice.
If a court order regarding unshackling was not obtained in advance of a proceeding, and a party intends to make a request on the day of the subject proceeding, then the party must give at least 24 hours advanced notice of their request to Winnebago County Corrections.
Page 1 | 2.05 Case Scheduling and Unshackling Requests
In the specified court-raised or court-appointed evaluation circumstances, the defendant’s attorney must send the appointment order to the evaluator by courtesy email on the same or next business day.
If the bona fide doubt as to the defendant’s fitness to stand trial is raised by the Court or the Court appoints a licensed clinical psychologist for the purpose of ascertaining if there is a bona fide doubt as to a defendant’s fitness to stand trial the documents described above shall be transmitted to the appointed evaluator by the defendant’s attorney and the defendant’s attorney shall also send a courtesy email to the appointed evaluator on the same or next business day attaching the order appointing the evaluator to conduct the evaluation as to fitness to stand trial or to determine if a bona fide doubt exists as to the defendant’s fitness to stand trial.
Page 1 | 2.18 Protocols in Relation to Bona Fide Doubt as to the Defendant's Fitness to Stand Trial
If a subpoena duces tecum will return on a date other than the next scheduled court date, the requesting party must specify the return date in open court and inform the Circuit Clerk when the subpoena is issued.
If the return date for the subpoena duces tecum is for other than the next regularly scheduled court date for that case, the party seeking the issuance of the subpoena duces tecum shall specify a court date for the return of the subpoena duces tecum in open court and shall inform the Circuit Clerk of that next necessary court date at the time of the issuance of the subpoena.
Page 1 | 2.04 Responsibilities when Issuing a Subpoena Duces Tecum
Applicants who receive a fee waiver must promptly notify the Court of financial changes that might affect their eligibility.
Applicants who receive a Waiver of Fees from the Court are required to promptly notify the Court of any change in their financial circumstances which might affect their eligibility for a waiver of fees.
Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases
The Circuit Clerk must notify the applicant by phone within one business day of the decision, and a voicemail counts as proper notice.
The Circuit Clerk shall contact the applicant by phone within 1 business day of the judge’s decision on an Application for Waiver of Fees and will notify the applicant of the ruling on the application and provide case specific instructions. A voice message will constitute proper notification.
Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases
After electronically filing, the petitioner must contact the Circuit Clerk’s Office to report the filing and obtain instructions.
Once filed, the petitioner shall contact the Circuit Clerk’s Office to inform them of the electronic filing and receive instructions on how to proceed.
Page 1 | 14.10 REMOTE FILINGS AND COURT APPEARANCES FOR ORDERS OF PROTECTION STALKING NO CONTACT ORDERS AND CIVIL NO CONTACT ORDERS