17th Judicial Circuit Court, Winnebago County, Illinois Document Filing Requirements

CRITICALCivil cases

Applies to

Receiver bond

A bond with personal sureties requires court approval.

Bonds with personal sureties shall be approved by the court.

CRITICAL

Applies to

Receipt

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or attorney-in-fact must provide a written receipt certifying that the authority to receive the share has not been revoked and file it with the legal representative’s vouchers.

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and shall certify on said receipt that authority to receive the distributive share as described in (i) has not been revoked.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.

CRITICAL

Applies to

Judgment prove up

Must include

caption

At judgment prove-up in a residential foreclosure case subject to mediation, the plaintiff must submit an affidavit confirming service compliance, expiration of the mediation deadline, and absence of a program stay.

In all residential foreclosure cases filed as “Subject to mediation” (as described in Section A), there shall be a mediation check as part of the judgment prove-up process. In addition to all other items required by the court for the judgment prove up, the plaintiff shall submit an Affidavit to the court representing that it has complied with the Proof of Service requirement (described in Section E), that the applicable deadline for mediation participation (described in Section K) has passed, and that the matter is not stayed due to participation in the Mediation Program (as described in Section N).

CRITICAL

Applies to

Mediation process evaluation form

Parties in each case must complete the prescribed mediation-process evaluation form and submit it to the court.

Parties on each case shall complete an evaluation of the mediation process on the form prescribed by the Administrative Office of the Illinois Courts and submit the same to the court.

CRITICAL

Applies to

Final account or separate document

Final distribution and estate closing will not be authorized unless the legal representative reports, in the final account or a separate document, that all procedural and administrative duties are complete.

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.

CRITICAL

Applies to

County treasurer receipt or voucher

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.

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.

CRITICAL

Applies to

Agreed order

An order agreed to by all parties must be titled “Agreed Order” or include those words in its title.

Where all parties have agreed to the entry of an order, the title of the order submitted shall be, or shall include the words, “Agreed Order.”

CRITICALCivil cases

Applies to

Jury instructions

The parties must present proposed jury instructions at the final pre-trial conference unless excused by the court.

Additionally, the parties are to present the following unless excused by the court: 3. Proposed jury instructions;

CRITICALCivil cases

Applies to

Appearance or pleading

Every appearance or pleading must provide the specified identifying and contact information and be signed by an individual attorney.

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.

CRITICAL

Applies to

GAL child representative information sheet

An attorney seeking placement on the approved list must submit a GAL/Child Representative Information Sheet, Appendix II, to the Presiding Judge of the Family Division.

An applicant seeking to be added to the list shall submit a GAL/Child Representative Information Sheet Appendix II to the Presiding Judge of the Family Division.

CRITICAL

Applies to

Application for probate court appointments

An attorney seeking probate appointments must complete the Appendix X application form and submit it to the presiding probate judge for approval.

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.

CRITICAL

Applies to

Protective order petition

For an electronically filed petition, the judge must note on the petition signature line that it was filed electronically and verified by phone or virtually.

As petitioners do not have the ability to sign the order, Judges shall note on the petition signature line that the petition was filed electronically and verified telephonically or virtually.

CRITICAL

Applies to

Guardian ad litem report

Unless waived for good cause, the court must appoint a guardian ad litem to investigate the proposed settlement and submit written findings and recommendations before 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.

CRITICAL

Applies to

Financial affidavit

Each party must file and serve their financial affidavit on the other party before any temporary financial hearing.

Each party shall file and serve on the other party his or her Financial Affidavit prior to any temporary financial hearing pursuant to Illinois Supreme Court Rule.

CRITICAL

Applies to

Pact completion certificate

Proof of PACT completion must be filed before the hearing, and parties must verify that the certificate was filed.

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.

CRITICAL

Applies to

Financial mediation confidentiality agreement

All financial-mediation participants must sign the prescribed confidentiality agreement before mediation begins.

Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules. (See Appendix B).

CRITICAL

Applies to

Clerk minute entry

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".

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".

CRITICALCivil cases

Applies to

Brief

In administrative appeals, references in briefs must identify the page number of the administrative record.

On administrative appeals, references shall be made to the page number of the administrative record.

CRITICAL

Applies to

Foreclosure complaint

Foreclosure complaints must state the applicable mediation label below the title.

A complaint clearly designates that the case is subject to mediation if, below the title, the plaintiff includes the following: "Subject to mediation." In any complaint seeking foreclosure of property other than residential real estate as described above, the plaintiff shall include the following on the complaint, below the title: "Not subject to Mediation."

CRITICAL

Applies to

Conciliation conference report

On or before the status date, the conciliation provider must submit the approved report form to the court and, if the parties are represented, their counsel.

E. On or before the status date, the conciliation provider shall submit a report to the court and counsel of the parties if the parties are represented, using the courts approved Conciliation Conference Report Form (Appendix UU)

CRITICAL

Applies to

Non documentary electronic or physical media

Non-documentary electronic video evidence or physical media may not be submitted to the Court without advance approval.

6. Non-documentary electronic video evidence or physical media (such as video or audio recordings on thumb drives, DVDs, external hard drives) shall not be submitted to the court without advanced approval.

CRITICAL

Applies to

Mediation agreement

Must include

proposed order

The program must file an outcome report after each session; parties and counsel must sign any agreement for court approval, and the plaintiff may return to court if mediation ends without agreement.

Upon the conclusion of each mediation session, the Program shall file a report with the Court indicating the outcome. If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Program shall submit it to the Court for approval. The Circuit Clerk shall provide a copy of any orders resulting out of mediation to the parties. If the parties do not reach agreement and no further mediation session is scheduled, the plaintiff(s) may return to court to proceed with the eviction action.

CRITICAL

Applies to

Final account

A final account must state that claims have been allowed and paid or dismissed unless insolvency is found, applicable federal and Illinois estate taxes are paid or provided for, and distribution has been or will be made under Rules 15.09 and 15.10.

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.

CRITICAL

Applies to

Court assessment waiver application

A court-assessment waiver application must use the form specified and approved by the Illinois Supreme Court.

Submitted using the form specified and approved by the Illinois Supreme Court for such purpose.

CRITICAL

Applies to

Motion to appoint interpreter

For interpretation lasting over 15 minutes, the party or counsel must move for appointment of an interpreter and provide the resulting order to Trial Court Administration within two business days, at least three weeks before Spanish-language proceedings or four weeks before other languages.

If at any time an LEP party requires interpreting services for a duration of more than fifteen minutes (for example a plea, prove-up, evidentiary hearing, trial), the LEP party, or his or her attorney, shall (i) file a motion to appoint an interpreter, directed to the judge presiding, and (ii) provide a copy of any Order generated regarding interpreting services to Trial Court Administration within 2 business days of the order being generated, but not less than three weeks prior to scheduled court date for Spanish requests or four weeks prior for all other languages.

CRITICAL

Applies to

Bond withdrawal motion

A defendant seeking to withdraw posted bond must file a motion and obtain an order permitting withdrawal.

Consequently, any defendant seeking to withdraw bond must do so by filing a motion and obtaining an order permitting withdrawal.

CRITICAL

Applies to

Mediation summary

Each side must provide the mediator a written case summary at least seven days before the conference, covering the specified case information and participants; counsel wishing confidentiality should notify the mediator in writing when filing it.

At leastseven(7)days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

CRITICAL

Applies to

Amended complaint

A plaintiff seeking to change a residential foreclosure case’s mediation designation must request leave to amend and email notice of the change to the Program Administrator within seven calendar days after filing the amended complaint.

If the plaintiff believes that the property in a residential foreclosure case no longer meets the definition of residential real estate set forth in 735 ILCS 5/15-1219 after filing the complaint as “Subject to mediation” (as described in Section A), the plaintiff shall request leave from the court to file an amended complaint that clarifies the case as “Not subject to mediation.” 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.

CRITICAL

Applies to

Exhibits

The parties, not the Court or the Clerk, are responsible for marking and submitting exhibits.

The responsibility for marking and submitting exhibits rests on the parties, not the Court or the Clerk.

CRITICAL

Applies to

Report of compliance

The compliance filing must include the 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.

CRITICAL

Applies to

Non documentary evidence

Non-documentary video or physical media requires advance court approval; if approved for remote proceedings, submit it to the clerk 48 hours beforehand with a return envelope.

Non-documentary electronic video evidence or physical media (such as video or audio recordings on thumb drives, DVDs, external hard drives) shall not be submitted to the court without advanced approval. Should a party wish to present non-documentary electronic video evidence or physical media, the Court may: A. Reschedule a hearing date to the in-person presentation of such exhibits; or B. Approve such a request directing how the evidence will be presented subject to the following standard conditions: 1. The parties shall submit their electronic video evidence or physical evidence to the Circuit Clerk’s Office 48 hours prior to the remote proceeding. 2. The parties shall include a self-addressed stamped envelope for the return of such evidence in the event that the evidence is not presented at hearing.

CRITICALCivil cases

Applies to

Summons

A summons must inform the defendant of the deadline for filing an appearance.

A summons informs a defendant in a civil case of the deadline for filing an appearance.

CRITICALCivil cases

Applies to

Court based rental assistance program notice

In residential eviction cases, the plaintiff must include the Court-Based Rental Assistance Program notices in English and Spanish, substantially in the form specified in M.R. 32420.

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.

CRITICALCivil cases

Applies to

Objection motion filing

If objections remain unresolved, the objector must file a motion slip and notice, and any applicable motion, within 21 days of the oral ruling to set the matter for hearing before the judge who issued the ruling or judgment.

if the objections are not reconciled, the objector shall within twenty-one (21) days of the oral ruling, file a motion slip and notice and, if applicable, an appropriate motion, setting the matter for hearing by the judge who issued the oral ruling or judgment.

CRITICAL

Applies to

Sealing order

A sealing order must state whether the parties' names are removed from public access to the index and how long the file will remain sealed.

The order shall further designate whether an order sealing a file includes removing the parties names from public access to the index and the duration the file is to be sealed.

CRITICALCivil cases

Applies to

Motion in limine

Motions in Limine presented for the final pre-trial conference must include citations to authorities, unless excused by the court.

Additionally, the parties are to present the following unless excused by the court: 1. Motions in Limine with citations to authorities (to be filed 14 days prior to the pretrial conference);

CRITICAL

Applies to

Op case pleading

Pleadings in an OP case related to a juvenile matter must not refer to the juvenile case or its case number.

When a petition for protective order is filed in relation to a juvenile court matter, the pleadings in the OP case shall not refer in any way to the juvenile case or the juvenile case number.

CRITICAL

Applies to

Maintenance worksheet

The maintenance worksheet is required even if the parties seek maintenance above or below the guideline amount.

This must be done even if the parties want the Judge to order maintenance higher or lower than what the guidelines require.

CRITICALCivil cases

Applies to

Written order or judgment

When the judge requires a written order or judgment, all parties and counsel must cooperate in its timely preparation and presentation.

When the judge requires the submission of a written order or judgment, the clerk shall make a notation to that effect and all parties and their counsel shall cooperate to effectuate the timely preparation and presentation of the same.

CRITICAL

Applies to

Fee or expense petition

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.

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.

CRITICAL

Unrepresented parties may inspect exhibits only after an appropriate court order is entered.

Exhibits may be inspected by unrepresented parties only upon entry of an appropriate court order.

CRITICALCivil cases

Applies to

Motion for judgment

An affidavit of attorney’s fees and costs must be on file; fees sought above $2,500 also require a time-and-task affidavit.

With specific regard to motions for judgment (e.g., default or summary judgment), a party seeking a presentment date from the Clerk must have the following documents on file with the Circuit Clerk.: 5. Affidavit of attorney’s fees and costs (fees sought in excess of $2,500 must be supported by a time and task affidavit); and

CRITICAL

Applies to

Affidavit

If the person’s name or residence is unknown or cannot be ascertained with due diligence, the executor or administrator must file an affidavit to that effect with the clerk.

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.

CRITICAL

Applies to

Electronically filed document

Parties and counsel must omit or redact the listed personal identifiers from electronically filed documents unless the Court orders otherwise.

In addition to the materials referenced in Supreme Court Rules 15 and 138, parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents electronically filed with the court unless otherwise ordered by the court.

CRITICAL

Applies to

Electronically filed document with multiple signatories

Electronically filed documents requiring signatures from other persons or third parties must bear facsimile or typographical signatures, and the filer or attorney must confirm the required signatories’ approval.

Documents containing signatures of one or more persons or third parties may be filed electronically and shall bear a facsimile or typographical signature. The filing party or attorney must confirm approval of all persons, persons not a party to the case or not registered persons, required to sign the document.

CRITICAL

Applies to

Child support worksheet

A child-support worksheet and guideline calculation are required when children are under 18 or are 18 and still in high school.

i. Child Support worksheet. Required in all cases where there are children under 18 or still in high school. Parties who have children under 18, or 18 years old and still in high school, must run child support calculations following Illinois child support guidelines.

CRITICALCivil cases

Applies to

Motion for judgment

For a judgment motion presentment date, the motions to be noticed must be on file with the Circuit Clerk, signed by an attorney as required by Supreme Court Rule 137, and identify the signer legibly.

With specific regard to motions for judgment (e.g., default or summary judgment), a party seeking a presentment date from the Clerk must have the following documents on file with the Circuit Clerk.: 1.All motions to be noticed for presentment, signed by an attorney as required by Supreme Court Rule 137 (with the name legibly printed, typed, or stamped to identify the signature);

CRITICAL

Applies to

Temporary guardianship petition

A petition seeking a temporary guardian for an alleged disabled person must be supported by competent medical evidence presented to the court.

If the petition seeks the appointment of a temporary guardian for the alleged disabled person, competent medical evidence shall be presented to the court.

CRITICAL

Applies to

Search warrant

Must include

case number

All search warrants must be assigned an MX case number, whether or not they relate to a pending criminal or order of protection case; the MX case may later be associated with a related pending case.

Regardless of whether a search warrant relates to a pending criminal case or an order of protection case, all search warrants shall, as a matter of operational efficiency, be assigned an MX case number pursuant to Part I, Section B, Paragraph 7 of the Manual on Recordkeeping. Such MX cases may thereafter be associated with any pending criminal case or order of protection case, as appropriate.

CRITICAL

Applies to

Extension request

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.

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.