17th Judicial Circuit Court, Winnebago County, Illinois Filing Rules

Fee petitions must include a detailed invoice and proposed fee order, and must be e-filed when required or submitted over the counter when e-filing is not required.

The Court must enter an interpreter appointment order, and the interpreter must be sworn to interpret or translate as directed.

A post-trial or post-hearing motion must specifically identify whether it relies on newly discovered evidence, a change in the law, or an error applying existing law.

Petitions to open decedents’ estates and submitted orders must substantially follow the listed forms, modified for singular, plural, and gender terms as appropriate.

- G. Whenever a motion is submitted, it should incorporate and cite the applicable statute or other authority with which the request for relief is based.

A subsequently assigned arbitration hearing must be set 60 to 180 days after assignment.

Written motions must be filed with the Circuit Clerk at least two days before the next court date.

The administrator must file an estate inventory within 60 days after Letters issue, unless the inventory is waived or the Court allows another time.

File pre-trial motions at the earliest available date so they can be set for hearing promptly.

In cases pending less than 12 months, the next court date must be no more than 120 days after the agreed order is filed.

Filings required by the progress-call rule must be provided to all parties of record, including guardians ad litem who have not waived notice.

Appointment requires either 30 days to have elapsed after service of the Petition on persons with equal or higher preference with no objection filed, or all such persons to consent.

Each party must give the opposing party copies of exhibits intended for use or admission, except exhibits intended for impeachment or direct rebuttal.

Counsel should provide opposing counsel relevant citations and copies of case law, rules, statutes, and documents before a scheduled hearing at which argument may be presented.

Unless the court orders otherwise, parties must exchange copies of all proposed exhibits at least three business days before a virtual hearing.

A party or attorney who is unavoidably delayed and will foreseeably delay proceedings must notify the clerk or hearing judge.

At or before the Felony Status Call begins, defense counsel must tell the Courtroom D bailiff they are ready to call a case and identify the defendant by last name and docket line number.

If unavoidably detained, notify the Courtroom A Bailiff or Administrative Assistant and provide where you can be reached and when you will be available.

The Zoom meeting identification number is available through the Circuit Clerk’s Office at 815-319-4550.

When an argument date is needed for an agreed brief scheduling order, counsel should contact the presiding judge's assistant before e-filing; Judge Fabiano and Judge Honzel's assistant can be reached at iferris@17thcircuit.illinoiscourts.gov.

Sealing or impoundment may overcome the presumption of public access only upon a compelling showing that the interests in protection outweigh the public's right of access.

A statement of account provided in support of an attorney-fee petition must be redacted to the extent necessary to protect attorney-client privilege.

The Guardian Information Sheet must be filed under seal, and access is limited to the Court and Guardian Ad Litem unless the court orders otherwise.

Electronically filed pleadings should follow the formatting rules for paper pleadings to the extent practicable.

Counsel should highlight or tab the most relevant portions of documents on which arguments will be based.

Motions to continue must be in writing and supported by an affidavit pursuant to 725 ILCS 5/114-4.

Substantive motions in limine and their responses must be written and cite relevant supporting case law or statutory authority.

The Rule 218 Case Management Order must use only the attached form.

Electronic filing is permitted in civil proceedings in the 17th Judicial Circuit Court.

In cases pending less than 12 months, proposed agreed orders must be e-filed through the Winnebago County e-filing system, Odyssey.

Agreed orders must be e-filed with the circuit clerk; orders should not be submitted by mail or email, but may be handed up in court if the case is on the judge's call.

The existing dissolution transcript fee order is abolished, retroactive to October 1, 1997.

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.

For a potential motion to continue affecting a previously scheduled matter, notify the court in advance or request an early status to address the scheduling issue.

A substituting attorney is expected to meet existing deadlines and be prepared for scheduled proceedings unless the parties agree otherwise or good cause is shown in a verified motion to continue.

If counsel anticipate and agree that a scheduled motion, hearing, or trial will not proceed, they are asked to promptly contact the Judge, bailiff, or administrative assistant so the matter can be addressed.

A party should file a motion to continue a jury trial without delay after learning of circumstances affecting readiness for trial.

Courtesy copies of required virtual-hearing documents and exhibits must reach the Court by 4:30 p.m. three business days before the hearing.

Counsel shall provide the Court with courtesy copies (in either paper or electronic form) of any Pre-Trial Motions and/or motions in limine, along with: (a) copies of all statutes, rules and/or cases cited within the motion; and (b) copies of any documents referenced within the motion or upon which argument will or may be based.

Submit courtesy copies together with any authority upon which the motion is based to the Court and private counsel. The courtesy copies should be distributed BEFORE you come to court and NOT after you arrive.

Do not submit motion courtesy copies to the presiding judge before a motion presentment hearing; the court will decide at the hearing whether copies are needed.

Do not send paper copies to Judge Balogh; send judge’s copies of the specified filings by email.

Motions raising pleading or discovery deficiencies may not be filed and noticed for presentment on the contested-hearing date.

A party objecting to the draft order’s form must personally consult with its drafter within 21 days after the oral ruling.

Responses to motions in limine are due within 14 days of filing unless the Court sets a different schedule.

Substantive motions in limine and other substantive motions must be heard before the jury status date.

In cases pending less than 12 months, attorneys and self-represented parties must confer before the next scheduled status hearing, case management conference, or motion presentment hearing about agreed disposition, and matters that can be handled that way must be disposed of by agreed order.

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.

Briefs are limited to 15 pages unless the Court approves a higher limit.