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

CRITICAL

Applies to

Parent education program

Parties referred to mediation must complete the parent education program before mediation begins or as soon afterward as the program schedule allows.

The parties referred to mediation by the court shall complete the parent education program prior to starting mediation or as soon after starting mediation as the parent education program’s schedule allows.

CRITICAL

Applies to

Summons and notice of mediation

Residential foreclosure plaintiffs must use the prescribed summons and mediation notice, attach and serve the notice with the complaint, and mail it to the property address before publication service begins.

In all residential real estate mortgage foreclosure cases (hereinafter "residential foreclosure cases"), plaintiffs shall use a specific summons in substantially the form set forth as Exhibit FM-1. Plaintiffs shall also use a Notice of Mediation attached in substantially the form set forth as Exhibit FM-2. The Notice of Mediation shall be attached to, and served with, the complaint served upon the homeowner/borrower (hereinafter referred to as the “Homeowner”). Where service upon a Homeowner is made by publication, the Notice of Mediation is to be mailed by the plaintiff to the property address before the first date of publication.

CRITICAL

Applies to

Current account

Each current account must disclose pending claims, suits, or proceedings involving the estate or its representative and, for a deceased person’s estate, any other reason preventing final distribution and termination.

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.

CRITICALCivil cases

Applies to

Motion for judgment

An Illinois Supreme Court Rule 114 Loss Mitigation Affidavit must be on file for a judgment motion presentment date when applicable.

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.: 6. Illinois Supreme Court Rule 114 Loss Mitigation Affidavit, if applicable.

CRITICAL

Applies to

Guardian ad litem petition for compensation

A GAL compensation petition in a custody or visitation case must substantially comply with the format that follows.

D. A Petition for Compensation filed by a GAL in a case involving custody or visitation issues shall be in substantial compliance with the following format:

CRITICAL

Applies to

Extended media coverage objection

A party objecting to extended media coverage must use the form prescribed in Appendix LL-2.

The form of a party’s objection to extended media coverage shall be as prescribed in “Appendix LL-2”.

CRITICALCivil cases

Applies to

Motion for judgment

A signed affidavit proving up the amounts due must be on file with the Circuit Clerk for a judgment motion presentment date.

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.: 4. Signed affidavit of proving up amounts due;

CRITICAL

A guardian ad litem must be appointed to represent a minor or disabled person to whom an accounting is made unless the court excuses the appointment by order.

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.

CRITICALCivil cases

Applies to

Notice of hearing

A hearing notice must state the action’s title and number, the assigned judge, and the hearing date and time.

The notice of hearing shall show the title and number of the action, the name of the assigned judge to whom the motion is to be presented, and the date and time of the hearing.

CRITICALCivil cases

Applies to

Response to motion in limine

Responses to 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: 2. Responses to Motions in Limine with citations to authorities (to be filed 7 days prior to the pretrial conference);

CRITICAL

Applies to

Unfitness treatment documents

At the court appearance when the defendant is found unfit, each party’s attorneys must coordinate, gather the listed documents, and hand them directly to the deputy circuit clerk in court.

During the same court appearance wherein the court has found the defendant unfit to stand trial, the attorneys for each party shall coordinate and gather copies of the following documents and hand them directly to the deputy circuit clerk while in court. a. The arrest report b. The charging instrument c. The pretrial services report and the defendant’s arrest record if available d. The evaluation for fitness to stand trial;

CRITICAL

Applies to

Settlement approval order

The settlement-approval order must provide for distribution and require vouchers evidencing receipt of any funds to be filed with the court within the time set by the 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.

CRITICAL

Applies to

Pretrial memorandum

An expedited trial requires a pretrial memorandum filed with the court five days before trial, after discovery is complete.

An expedited trial may be scheduled after the parties have completed discovery and have filed with the court five (5) days prior to the expedited trial date: 1. A pretrial memorandum - Appendix P;

CRITICALCivil cases

Applies to

Fee waiver request

A fee-waiver request in a Winnebago County eviction case must be written and include the required 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.

CRITICAL

Applies to

Proposed parenting plan

A proposed parenting plan is required in prove-up cases involving children under 18.

d. Proposed Parenting Plan.* Required for all cases with children under 18.

CRITICAL

Applies to

Interpreter request

An LEP party needing interpretation for 15 minutes or less must complete an Interpreter Request Form for each court appearance.

Any limited English proficient (LEP) party requiring the assistance of interpreting services for a duration of fifteen minutes or less shall complete an Interpreter Request Form available under “Available Resources” at 17thcircuit.illinoiscourts.gov (lower right of “home” page) for each court appearance. Completion of this form advises the court that the LEP party will be present for that specific court date.

CRITICAL

Applies to

Written notice

If counsel considers a statute or rule of law particularly significant, counsel must alert the court in writing in the trial memorandum or at the pre-trial conference.

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.

CRITICAL

All parties must participate in good faith, including appearing on time at mediation events and avoiding unnecessary delay.

All parties shall participate in good faith, which shall at a minimum mean timely appearance at mediation management conferences and mediation sessions, and avoiding conduct which unnecessarily delays the process

CRITICAL

Applies to

Court assessment waiver application

An applicant relying on household income below 400% of the current Federal Poverty Guidelines must include one or more of the listed income documents.

If eligibility is based on a household income of less than 400% of the current Federal Poverty Guidelines, then include a copy of a current year-to-date paystub, last year’s W2, last year’s 1099, and/or last year’s tax return; or

CRITICAL

Applies to

Fee invoice

Each appointment requires a separate fee petition and invoice, with tasks itemized, unrelated tasks unbundled, adequate detail, and in-court and out-of-court time separated.

A separate Fee Petition and invoice is required for each case appointment. Each invoice shall conform to the following: (a)Time for work spent performing a service should be reported in tenths of an hour (.1); (b) Each task performed must be reflected separately; (c) Separate, unrelated tasks shall not be “bundled” in one entry; (d) Without violating Canons of Ethics or disclosure of attorney work product, entries must include specific detail to permit meaningful review including, but not limited to: specifying identifying information for witness interviews, identification of participants in telephone conversations or conferences and topic discussed, specific topics researched, identification of documents reviewed, identification of documents prepared including the number of pages and an explanation sufficient to explain their relevance to the case; and (e) In-Court time and Out-of-Court time shall be clearly delineated on each invoice.

CRITICAL

Applies to

Electronically filed evidentiary materials

A party e-filing evidentiary materials must include an index listing each evidence item and identifying the related paper.

A party electronically filing evidentiary materials must include an index listing each item of evidence and identifying the related paper.

CRITICAL

Applies to

Proposed standing order

Proposed standing orders must be submitted to the chief judge for review before they are posted.

All proposed standing orders shall be submitted to the chief judge for review prior to posting within a judge's courtroom and on the judge's individual page on the 17th Judicial Circuit's web site.

CRITICAL

Applies to

Criminal subpoena and return

Subpoenas issued in criminal cases and their returns must be filed with the Clerk.

any subpoenas issued in a criminal case, as well as the returns on those subpoenas, must be filed with the Clerk

CRITICAL

Applies to

Subpoenaed materials

Subpoenaed materials must not be mailed or otherwise provided to the Circuit Clerk’s Office.

Subpoenaed materials shall not be mailed or provided to the Circuit Clerk's Office.

CRITICAL

Applies to

Fee waiver application

All supporting income documentation provided by an applicant shall be placed in an envelope by the Circuit Clerk and the envelope shall accompany an Application for Waiver of Fees for purposes of judicial review.

All supporting income documentation provided by an applicant shall be placed in an envelope by the Circuit Clerk and the envelope shall accompany an Application for Waiver of Fees for purposes of judicial review.

CRITICAL

Applies to

Extended media coverage objection

A witness objecting to extended media coverage must use the form prescribed in Appendix LL-3.

The form of a witness’s objection to extended media coverage shall be as prescribed in “Appendix LL-3”.

CRITICAL

Applies to

Subpoena

A subpoena duces tecum requested from the Circuit Clerk must be given the case’s next regularly scheduled court date as its return date in open court.

When a subpoena duces tecum is issued by the Circuit Clerk at the request of a party, it shall be given the next regularly scheduled court date for that case as a return date on the subpoena in open court.

CRITICAL

Applies to

Transcript fee payment request

A request for county payment of transcript fees must include the request form, appointment order, payment order, and a specific description of the requested record portion.

Requests for payment by the County for transcript fees shall submit the following to the Supervisor of Court Reporters for the 17th Judicial Circuit: the Transcript Request Form, a copy of the Appointment Order, and a copy of an order specifying that the costs of the requested transcript is to be paid by the County. The Transcript Request Form shall be specific as to what portion of the record is sought.

CRITICAL

Applies to

Fitness evaluation documents

The moving party must transmit the listed available case documents to the court-appointed evaluator on the same or next business day.

The moving party shall gather the following documents and transmit them on the same or next business day to the court appointed evaluator: a. The arrest report b. The charging instrument c. The pretrial services report and the defendant’s arrest record if available

CRITICAL

Applies to

Guardian ad litem report

The guardian ad litem must report the recommendation on a proposed sale to the court, either in person or in writing.

A report of the guardian ad litem's recommendation regarding the proposed sale shall be made to the court in person or in writing.

CRITICAL

Applies to

Proof of insurance

Proof of insurance must identify the vehicle’s make and year and show coverage including the arrest date; applications and cancellation documents are unacceptable.

The document presented must show the dates of coverage as well as identify the make and year of the covered vehicle. The coverage period must include the date of the arrest on the ticket for a dismissal to occur. Application document and cancellation documents are not acceptable.

CRITICAL

Applies to

Verified petition to reopen

After distribution and discharge, an estate may be reopened only to administer newly discovered assets or an unsettled portion, and only upon filing a verified petition for that purpose.

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.

CRITICAL

Applies to

Pre trial memorandum

Unless the court orders otherwise, each party must complete and sign an Appendix P Pre-Trial Memorandum before the specified pre-trial conference or contested hearing.

Unless otherwise ordered by the court, before a petition for dissolution of marriage, legal separation, or declaration of invalidity proceeds to a pre-trial conference or contested hearing on all issues, a pre-trial conference or contested hearing on remaining issues, or a post-judgment petition proceeds to a pre-trial conference or contested hearing on issues, each party must complete and sign a Pre-Trial Memorandum, as set forth in Appendix P.

CRITICALCivil cases

Applies to

Receiver bond

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.

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.

CRITICALCivil cases

Applies to

Statement of the case

The parties must present a short statement of the case sufficient to give prospective jurors a basic understanding of the case, unless excused by the court.

Additionally, the parties are to present the following unless excused by the court: 4. A short Statement of the Case sufficient to give prospective jurors a basic understanding of the type of case involved;

CRITICALCivil cases

Applies to

Residential eviction filings

The notices must be included with filings submitted to the Clerk of the Circuit Court.

and included with filings to the Clerk of the Circuit Court.

CRITICAL

Applies to

Supplemental form cover page

The Supplemental Form Cover Page must include a notice explaining the notification process and timeframe and providing case-specific instructions.

The Supplemental Form Cover Page shall contain a Notice to the Applicant which sets forth the process and timeframe by which the Circuit Clerk will notify the applicant of the ruling on the application and provide case specific instructions.

CRITICAL

Applies to

Power of attorney or assignment

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.

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.

CRITICAL

Applies to

Affidavit

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.

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.

CRITICAL

A motion asserting that a case is ineligible for a conciliation conference must include an affidavit stating specific facts explaining why the conference would be inappropriate.

D. A conciliation conference shall not be required following an order if the court determines, upon motion of a party, that a case is ineligible for a conciliation conference. Said motion shall be supported by an affidavit setting forth specific facts detailing why a conciliation conference would be inappropriate.

CRITICAL

Applies to

Electronically filed pleading or document

Must include

case number

Each electronically filed pleading or document must identify the case title, case number, and nature of the filing.

Additionally, each electronically filed pleading and document shall include the case title, the case number, and the nature of the filing.

CRITICAL

Applies to

Petition for leave to receive distribution

A representative, attorney-in-fact, or assignee must present a petition for leave to receive distribution in the court-prescribed form; if allowed, an order conforming to the petition must be entered.

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.

CRITICAL

Applies to

Order of discharge

The order closing the estate and discharging the legal representative must be written; the legal representative or counsel may prepare and submit it in draft form.

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.

CRITICALCivil cases

Applies to

Receiver attorney employment motion

A receiver may employ an attorney only by court order on the receiver's written motion, which must state the reasons for the request and name the attorney.

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.

CRITICAL

Applies to

Proposed judgment for dissolution of marriage

A proposed judgment for dissolution of marriage is required in every prove-up case.

a. Proposed Judgment for Dissolution of Marriage.* Required for all cases.

CRITICALCivil cases

Applies to

Brief

Factual references in a brief must be supported by specific references to the record.

Factual references in the brief shall be supported by specific references to the record.

CRITICAL

Applies to

Motion to seal

A motion to seal must explain its basis and specify the proposed duration of the sealing order.

The motion must explain the basis for sealing the file, records or documents and specify the proposed duration of the sealing order.

CRITICAL

Applies to

Approved fee petition

After approval, a copy of the fee petition and invoice bearing a unique invoice number must be submitted to the appropriate Trial Court Administration Office.

Once approved, a copy of the Fee Petition and invoice, with an unduplicated invoice number from the attorney’s office, shall be submitted to the respective Trial Court Administration Office:

CRITICALCivil cases

Applies to

Surety property schedule

Unless the court excuses them, sureties must execute and file a schedule of property in a court-approved form.

Unless excused by the court, sureties shall execute and file a schedule of property in a form approved by the court.

CRITICAL

Applies to

Mediation outcome report

Mediation of eligible property issues may be ordered upon the parties’ agreement, and the parties may not proceed to a contested judicial hearing without leave of court or until mediation concludes and its outcome is reported.

The designated family division judge may order mediation upon agreement of the parties (pursuant to the Court-Approved Order form) of any property issue in any action not otherwise determined to be ineligible pursuant to this program. The parties may not proceed to a judicial hearing on contested issues in that case without leave of court, or until the mediation process has been concluded and its outcome has been reported to the court.