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

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders from remote proceedings must comply with the cited rules and include the required filing description and hearing date, or the agreed-order description.

Proposed Orders resulting from remote proceedings shall comply with General Order 9.14 and Local Rule 8, and shall be submitted with the following details: i. Orders submitted as a result from a previously held remote proceeding shall include the filing description of “[Hearing Date] Order Resulting from Court.” The order shall also state the date of the hearing the orders results from. ii. Agreed Orders shall include the filing description of “Agreed Order’.

CRITICALCivil cases

Applies to

Motion for judgment

For a judgment motion presentment date, an affidavit of military service with a current Department of Defense website printout must be on file for each defendant who has not appeared.

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.: 3.Affidavit of Military Service with attached U.S. Department of Defense website printout (current within six (6) months) for any defendant who has not appeared;

CRITICAL

Applies to

Report and acr

The caseworker must provide enough copies of the report and ACR for all attorneys and the Court.

It is the responsibility of the caseworker to provide enough copies of the report and ACR for all attorneys and the Court.

CRITICAL

Applies to

Fitness evaluation documents

When the Court raises the fitness concern or appoints an evaluator to determine whether a bona fide doubt exists, the defendant’s attorney must transmit the listed documents and email the appointment order to the evaluator 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.

CRITICAL

Applies to

Proof of training

An attorney maintaining the SAFeR designation must complete at least two hours of circuit-approved domestic-violence education every two years and provide completion evidence to the presiding probate judge.

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.

CRITICAL

In every civil action, the ad damnum must use one of the listed amount-range statements.

In all civil actions, the ad damnum shall be stated in one of the following ways: "... not in excess of $250.00" "... over $250.00 but not more than $500.00" "... over $500.00 but not more than $1,500,00" "... over $1,500.00 but not more than $2,500.00 " "... over $2,500.00 but not more than $5,000.00" "... over $5,000.00 but not more than $15,000.00" "... over $15,000.00 but not more than $30,000.00" "... over $30,000.00 but not more than $50,000.00" "... over $50,000.00"

CRITICALCivil cases

Applies to

Receiver report and inventory

The receiver's filed report and inventory must detail all real and personal estate property and identify property 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.

CRITICAL

Applies to

Electronically filed document with original signature

Unless the Court orders otherwise, the filing party must maintain and preserve electronically filed originals bearing original signatures.

Unless otherwise ordered by the Court, the filing party shall maintain and preserve all original documents containing original signatures that are filed electronically.

CRITICALCivil cases

Applies to

Residential eviction summons

The notices must be attached to each residential eviction summons.

and attached to each residential eviction summons

CRITICAL

Applies to

Program completion certificate

A program-completion certificate must be submitted or filed before the specified final or modifying order is entered.

A certificate of program completion shall be submitted to the court or filed with the Circuit Clerk prior to the entry of the final custody order or final judgment of dissolution of marriage or, if ordered by the court, before the entry of any order modifying a previously entered order establishing the parties' rights with respect to custody and visitation.

CRITICAL

Applies to

Continuing legal education attendance verification

An attorney on the approved list must submit verification of continuing legal education attendance to the Office of the Chief Circuit Judge when attending or upon request.

To remain on the approved list, each attorney shall maintain professional liability coverage and attend continuing legal education courses consisting of at least ten hours every two year period and submit verification of attendance to the Office of the Chief Circuit Judge at the time of attendance or upon request.

CRITICAL

Applies to

Subpoena duces tecum return

Returns on subpoenas duces tecum must be filed with the Clerk after the judge reviews them.

Notwithstanding the foregoing, returns on subpoenas duces tecum are to be filed with the Clerk following the judge's review.

CRITICAL

Applies to

Notice of hearing or summons

For a hearing held on courthouse premises, the respondent in such a matter may be required to wear a mask or other protective device or clothing as ordered by the court, and shall be so advised in the notice of hearing or summons issued by the attorney filing the petition.

For a hearing held on courthouse premises, the respondent in such a matter may be required to wear a mask or other protective device or clothing as ordered by the court, and shall be so advised in the notice of hearing or summons issued by the attorney filing the petition.

CRITICAL

Applies to

Order of support with worksheet

A support order with a worksheet is required whenever maintenance or child support is ordered.

e. Order of Support with worksheet.* Required in all cases where maintenance or child support is ordered.

CRITICAL

Applies to

Trial memorandum

In jury cases, plaintiff's counsel must submit a brief trial memorandum to the court 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.

CRITICAL

Applies to

Order

An order may be submitted only once; parties must not submit it electronically and also tender it in open court.

An order may be submitted only once (e.g., do not submit an order electronically and also tender one in open court)

CRITICALCivil cases

Applies to

Written order or judgment

The order or judgment must state the judge’s name and include the specified preparer legend and preparer information.

State the judge's name, bear the legend "PREPARED BY:______________", followed by the name, Winnebago County circuit clerk's attorney identification number, if applicable, address, and telephone number of the preparer;

CRITICAL

Applies to

Maintenance worksheet

When maintenance is ordered, the parties must provide a worksheet showing the guideline maintenance amount and duration.

ii. Maintenance worksheet. Required in all cases where maintenance is ordered. When maintenance will be ordered, the parties must provide a worksheet, which is a document created by the party, showing how guideline maintenance is calculated calculating the amount of maintenance and duration of maintenance required under Illinois statutory guidelines.

CRITICALCivil cases

Applies to

Proposed exhibits list

The parties must present a numbered list of each party’s proposed exhibits unless excused by the court.

Additionally, the parties are to present the following unless excused by the court: 6. A numbered list of each party’s proposed exhibits.

CRITICAL

Applies to

Complaint and summons

Arbitration complaints and summonses must display the specified notice in uppercase at the upper right-hand corner.

The complaint and all summonses shall state in upper case letters in the upper right-hand corner "THIS IS AN ARBITRATION CASE."

CRITICAL

Applies to

Motion scheduling request

When scheduling an uncontested motion in Winnebago County, provide the case number, parties, motion type, and attorneys for both movant and respondent.

The following information must be given to the clerk of the circuit court when scheduling such motions 1. Number of case; 2. Parties; 3. Type of motion; and 4. Attorneys, both movant and respondent.

CRITICAL

Applies to

Sworn petition

In a minor’s or disabled person’s injury case, the attorney’s sworn petition must include the employment terms with supporting contracts or correspondence and an itemized statement of services under Rule 15.10.

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.

CRITICAL

Applies to

Sealing order

An order granting a motion to seal must specify whether the entire file, record, or document, or only a portion, is sealed.

If the judge grants the motion then the order shall designate whether the entire file, record or document, or only a portion of the entire file, record or document, shall be sealed.

CRITICALCivil cases

Applies to

Complaint and summons

The complaint and summons must state the date, time, and location of the initial case management conference.

At the time of filing the initial complaint, the clerk shall indicate on all complaints and summons the date and time and location for an initial case management conference;

CRITICALCivil cases

Applies to

Notice of filing

Must include

certificate of service

When filing discovery pleadings or responsive discovery documents, parties must file a notice of filing with proof of service, containing the specified case, service, party, and document details.

Parties filing discovery pleadings including responsive discovery documents shall file a notice of filing with the clerk of the court with proof of service. The filing of the notice of filing shall be prima facie evidence that the same were served. The notice of filing shall contain the case title and number, date mailed or personally served, the sending and receiving parties, proof of service and shall identify the particular discovery pleading or responsive discovery document served or answered.

CRITICAL

Applies to

Exhibit

Each exhibit must have a cover page identifying the submitting party, exhibit number, description, page number, and case number; a single exhibit’s cover page must also state the hearing date.

b. Each exhibit shall be labeled. This shall be done through a cover page and shall include the submitting party, Exhibit number, short description, page number and case number: For example: “Plaintiff’s Ex. 1: Plaintiff’s Paystubs – Page 1 of 2– 2012D125”. If an Exhibit List is not submitted because just one exhibit is being presented, the date of the hearing must also be included in the cover page.

CRITICAL

Applies to

Foreclosure mediation forms

Foreclosure mediation must use court-approved forms or substantially similar forms; available bilingual versions must be used.

The court-approved forms that shall be used in foreclosure mediation cases are set forth as the exhibits to this local rule. Attorneys, the court, or the Program Administrator may generate forms for use in foreclosure mediation cases as long as they are substantially similar to the forms approved by the court. If the court provides bi-lingual versions of any of these forms, those versions shall be used.

CRITICAL

Applies to

Subpoena

A subpoena seeking specified materials must display the required legend on its face or attach it conspicuously.

A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto,

CRITICAL

Applies to

Report

Statutorily or court-required reports must include a cover sheet as set forth in Appendix QQ.

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.

CRITICALCivil cases

Applies to

Motion

Each motion’s title must specifically state the relief sought.

The title of each motion shall specifically indicate the relief sought.

CRITICAL

Applies to

Transcript

For the specified uncontested or default proceedings, the reports must be transcribed and the transcript prepared and filed by the assigned court reporter within 30 days after the hearing, unless the court waives the requirement by order.

In uncontested or default proceedings which includes grounds and remaining issues or only remaining issues, the said reports shall be transcribed. Payment of said fee shall be the responsibility of the attorney representing the party seeking dissolution. Within thirty (30) days of the date of the uncontested or default hearing the transcript of the proceeding shall be prepared unless waived by order of court and filed with the clerk of the court by the assigned court reporter.

CRITICAL

Applies to

Certificate of dissolution of marriage

Every prove-up case requires four copies of the Certificate of Dissolution of Marriage, each labeled for its receiving entity.

b. Certificate of Dissolution of Marriage.* (4 Copies, each labeled to designate the appropriate entity that will be receiving the document). Required for all cases.

CRITICAL

Applies to

Electronically filed document

If a Social Security Number must appear, only its last four digits may be used; a Driver’s License Number must not be used.

a. Social Security Numbers, Driver’s License Numbers, and Tax Payer Identification: If an individual’s Social Security Number must be included in a document, only the last four digits of the number shall be used. An individual’s Driver’s License Number shall not be used.

CRITICAL

Applies to

Document signed by non electronic filer

Before filing, the filer must obtain original signatures from non-electronic filers and identify each non-registered signatory in the document.

Original signatures of all non-electronic filers must be obtained before filing the document. The document must indicate the identity of each non-registered signatory.

CRITICAL

Applies to

Case management order

The Case Management Order is due on the date of the Case Management Conference.

Case Management Conferences will be set six (6) months after case filings, unless the matter involves minor children as specified by Supreme Court Rule 904, in which case, the Case Management Conference shall be set no more than  ninety (90) days after case filings.  Case Management Order will be due on that date.

CRITICAL

Applies to

Electronically filed document

If financial account numbers are relevant, only their last four digits may be used.

b. Financial Account Numbers: If financial account numbers are relevant, only the last four digits ofthese numbers shall be used.

CRITICAL

Applies to

Third party discovery

Copies of discovery issued to third parties must be filed with the clerk.

copies of any discovery issued to third parties are to be filed with the clerk

CRITICAL

Applies to

Attorney fee petition

Fee petitions for attorneys appointed to represent indigent parties must be submitted as provided in Local Rule 2.17.

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.

CRITICAL

Applies to

Bond

Unless excused by the court, the representative, attorney-in-fact, or assignee must furnish a court-set bond with sureties, substantially in the Appendix L form, conditioned on delivery of the share to the distributee.

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.

CRITICALCivil cases

Applies to

Witness list

The parties must present a collaborative witness list of all persons who may testify for any party, unless excused by the court.

Additionally, the parties are to present the following unless excused by the court: 5. A collaborative witness list (listing all persons who may testify for any party); and

CRITICAL

Applies to

Motion to impound

A motion to impound must explain its basis and specify the proposed duration of the impoundment order.

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

CRITICALCivil cases

Applies to

Motion

A motion’s title or introductory paragraph must identify the legal authority supporting the requested relief.

The title of the motion or its introductory paragraph shall also specify the statutory section(s) and subsection(s), section(s) of the Code of Civil Procedure, Supreme Court Rule(s), Local Rule(s), prior court order(s) and/or other legal authority relied upon in support of the relief requested in the motion.

CRITICAL

Applies to

Fee petition and invoice

Appointed attorneys who obligate public funds must submit Fee Petitions and Invoices under Local Rule 2.17.

Appointed attorneys obligating public funds shall submit Fee Petitions and Invoices as referenced in Local Rule 2.17.

CRITICAL

Applies to

Account hearing notice

The account-hearing notice must state the hearing’s time, place, and nature and substantially include the prescribed binding-effect sentence.

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".

CRITICAL

Applies to

Document required to be maintained and preserved

Documents subject to preservation must be retained electronically or on paper for one year after the appellate process period is complete.

All documents that are required to be maintained and preserved must be kept either in electronic or paper format for one year after the appellate process period has been completed.

CRITICAL

Applies to

Petition for leave to settle

A settlement petition must be executed by the legal representative and include the specified occurrence, parties, insurance, injury or wrongful-death information, medical documentation where applicable, and settlement terms and recommendation.

Each petition for leave to settle a cause of action for personal injuries sustained by a minor or disabled person, a wrongful death action, or an action under the Survival Statute (755 ILCS 5/27-6) shall be executed by the legal representative of the estate of the minor, or disabled person or decedent and shall recite: A description of the occurrence giving rise to the cause of action. The name and address of the person or entity against whom the cause of action was accrued. The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. In minor's or disabled person's personal injury cases and causes of action under the Survival Statute, a description of the injuries sustained by the minor or disabled person or the decedent and a list of hospital and medical expenses incurred on behalf of said minor or disabled person or the decedent as result of the occurrence. In minor's or disabled person's personal injury cases, a current medical certificate or letter executed by the attending physician dated within thirty (30) days stating the nature and extent of the injuries sustained by the minor or disabled person and the doctor's prognosis for the minor or disabled person and estimated cost of future care. In wrongful death cases, the age, occupation, and annual earnings of the decedent at the time of death; the names, addresses, birth dates and relationship of each of the next of kin of the decedent; and a statement of the opinion of the legal representative of the respective percentage of dependency of the next of kin. The terms of any settlement offer and in a statement by the attorney for the legal representative, or by the legal representative if not represented by an attorney, an opinion with respect to the fairness of the settlement offer and recommendations as to whether said offer should be approved.

CRITICAL

Applies to

Financial mediator report

For parties participating in financial mediation, the mediator must submit the Rule 9 report to the court and counsel on or before the status date.

On or before the status date, for parties who are participating in mediation, the mediator shall submit a report to the court and the parties’ legal counsel, which shall include the information required by Rule 9. (See Appendix C for the mediator’s report form).

CRITICAL

Applies to

Document signed by non electronic filer

The filing party must retain the original document until one year after the judgment becomes final through direct review or expiration of the time to seek review.

The filing party must retain the original document until one year after the date that the judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review.

CRITICAL

Applies to

Pre disposition bond distribution request

Counsel must not routinely submit scratch orders for pre-disposition bond distributions to pay attorney fees; such requests require a written motion.

Counsel shall not routinely tender, and Courts shall not routinely accept and sign, “scratch orders” for pre-disposition distribution of a defendant’s posted bond to counsel as full or partial payment for the defendant’s attorneys’ fees. Any request for pre-disposition distribution for that purpose is subject to the filing of a written motion as set forth in Paragraph D, above, of this General Order 2.14.

CRITICAL

Applies to

Mediator report

For parties participating in mediation, the mediator must submit the Rule 9 report to the court and counsel on or before the status date.

On or before the status date, for parties who are participating in mediation, the mediator shall submit a report to the court and the parties’ legal counsel, which shall include the information required by Rule 9. (See Appendix Form BB for the Mediator's Report form).