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

CRITICAL

Applies to

Order appointing guardian ad litem or mediator

An order appointing a GAL or mediator must state the hourly rate for services.

An Order Appointing a GAL or Mediator shall indicate the hourly rate for services rendered.

CRITICAL

Applies to

SAFeR domestic violence education completion evidence

An attorney maintaining the SAFeR designation must provide evidence of the required domestic-violence education to the Presiding Judge of the Family Division.

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 Judge of the Family Division.

CRITICAL

Applies to

Electronically filed document

An electronic document is not officially filed unless it bears the electronic filing stamp.

Electronic documents are not officially filed without the electronic filing stamp.

CRITICAL

Applies to

Interim bond distribution motion

A request for interim bond distribution must be made by written motion, give notice to the State, and identify a specific need and requested amount.

Any request for an Interim Bond Distribution prior to the disposition of the case in which bond has been posted by a defendant shall be in made in a written motion, with notice to the State, identifying a specific need for the pre-disposition release of a specified amount of the defendant’s posted bond.

CRITICAL

Applies to

Mediation termination report

Must include

caption

If either party fails to appear after both agreed to mediate, the case returns to the judge and the mediator must promptly file a termination report.

If both parties agree to mediation and then either one fails to appear at the mediation, the case will be sent back to the presiding judge for disposition as if mediation had never been scheduled. The mediator shall prepare a report of the termination of the mediation and file it instanter with the presiding judge.

CRITICAL

Referred parties and counsel must participate in mediation in good faith, representatives must have full settlement authority, and judgment may not be entered before mediation occurs.

In addition to completing an intake for enrollment as noted in F. above, referred parties and/or their counsel, if any, are required to participate in the mediation session(s) in good faith. Failure to participate in good faith by defendant and/or their counsel may result in termination of the case from the Program. Repeated failure of plaintiff and/or their counsel to participate may be grounds for the Court to dismiss the case. The Court shall prohibit any judgment from being entered until mediation has taken place. Any representatives for a party must possess full settlement authority in order to participate in the mediation.

CRITICAL

Applies to

Settlement approval order

A settlement-approval order must appoint a guardian for the minor’s or disabled person’s estate and require a bond pending proper deposit of the funds, subject to the stated waiver provision.

The order entered approving settlement shall provide for the appointment of a guardian for the minor's or disabled person's estate and shall require the appointed guardian to file a bond pending proper deposit of the minor's or disabled person's funds in the financial institution approved by the court.

CRITICAL

Applies to

Mediation agreement

A mediation agreement must be written and signed at the conclusion of mediation, and counsel or unrepresented parties must notify the court and terminate the case.

If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation. Counsel, or if no counsel the parties, shall be responsible for notifying the court than an agreement was reached and be responsible for terminating the case.

CRITICAL

Applies to

Fee waiver application

The Circuit Clerk must forward each fee-waiver application to the presiding or alternate judge for review and a written decision on the Illinois Supreme Court-approved form.

Upon receipt of an Application for Waiver of Fees, the Circuit Clerk shall forward the application to the presiding judge, or an alternate judge based on the unavailability of the presiding judge, for review and issuance of a written decision on the form specified and approved by the Illinois Supreme Court for such purpose.

CRITICAL

Applies to

Program intake

Referred parties must complete program enrollment intake before or at the first court appearance.

Referred partieswill be required to complete an intake for enrollment with the Program Coordinator or her designee before or at the first court appearance.

CRITICAL

Applies to

Protective order appearance notice

Notices for protective-order appearances must state the appearance time, courtroom, assigned courtroom Zoom ID, and that parties may appear in person or virtually.

All notices for court appearances related to protective orders shall include the time of the appearance, the courtroom, and the Zoom ID for the assigned courtroom, and indicate parties may appear either in-person or virtually.

CRITICAL

Applies to

Child support worksheet

The child-support worksheet and calculation are required even if the parties seek no support order or an amount different from the guideline amount.

This must be done even if the parties do not want the Judge to enter a child support order, or if they want the Judge to set child support lower or higher than what the guidelines require.

CRITICAL

Applies to

Protective order pleadings and filings

Pleadings and other filings related to a protective order connected to a pending criminal or juvenile case must be filed under its corresponding OP case number.

Where a petition is filed in relation to a pending criminal or juvenile case, the matter will be assigned a corresponding "OP" case number, and all pleadings and other filings related to the protective order shall be filed under that OP number.

CRITICALCivil cases

Applies to

Receiver appointment order

A disqualified individual or corporation may be appointed receiver if the court finds the estate's best interests would be served, and the appointment order must state the reasons for departing from the general rule.

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.

CRITICAL

Applies to

Original signed document

Signed originals must be made available for inspection upon five days’ notice from the Court, Clerk, or other counsel in the case.

Those signed originals shall be made available for inspection by the Court, the Clerk of the Circuit Court, or by any other counsel in the case upon a notice of five days.

CRITICAL

Applies to

Motion to defer mediation

A party seeking to defer mediation must file within 14 days, set a hearing before mediation, notify interested parties and the appointed mediator, and detail the supporting facts; mediation is tolled while the motion is pending.

Within 14 days of the Order of Referral, any party may file a motion with the court to defer the proceeding. The movant shall set the motion to defer for hearing prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation shall be tolled until disposition of the motion.

CRITICAL

Applies to

Mediation confidentiality agreement

All 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 AA).

CRITICAL

Applies to

Court assessment waiver application

An applicant relying on receipt of a listed assistance program must include a document showing current eligibility for that program.

If eligibility is based on receipt of Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance to Needy Families (TANF), Food Stamps (SNAP), General Assistance, Traditional Assistance, or State Children and Family Assistance, then include a copy of a document showing your current program eligibility.

CRITICAL

Applies to

Proof of notice

Proof of account-hearing notice must be filed with the clerk on or before the hearing date.

Proof of such notice shall be filed with the clerk of the court having jurisdiction of the probate or guardianship estate on or before the date of the hearing.

CRITICAL

Applies to

Summons notice or court order

Notices, summonses, and orders offering remote appearance must include the specified meeting and courthouse information for the relevant county.

All summonses, notices and court orders setting court dates where participants have the option to appear remotely shall include the following: a. In Boone County, either the Zoom Meeting ID or information where to find the Zoom Meeting ID, and the courthouse address and courtroom number. The Meeting IDs are published on the Boone County Circuit Clerk’s Office webpage. The Circuit Clerk’s Office may also be called at 815-544-0371. b. In Winnebago County, the Zoom Meeting ID, the courthouse address and courtroom number, and, when possible, the Zoom call-in phone number. The Zoom Meeting ID is available from the Winnebago County Circuit Clerk.

CRITICAL

Applies to

Impoundment order

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

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 impounded.

CRITICAL

Applies to

Petition for distribution

A petition for authority to distribute must state if an heir, devisee, or legatee is a minor or disabled person, has died, or has been adjudicated disabled.

If an heir at law of an intestate estate or a devisee or a legatee of a testatee estate shall be a minor or a disabled person or shall die or be adjudicated a disabled person, such fact shall be set forth in the petition requesting authority to make distribution.

CRITICAL

A guardian ad litem must be appointed to represent a minor or disabled distributee unless the court excuses the appointment by order.

Where the distributee is a minor or disabled person, a guardian ad litem shall be appointed to represent the distributee, unless excused by order of court.

CRITICAL

Applies to

Financial affidavit

An expedited trial requires financial affidavits 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: 2. Financial affidavits; and

CRITICALCivil cases

Applies to

Notice

Each notice must direct the litigant to the office where payment is to be made.

Each notice shall direct the litigant to the office in which payment is to be made.

CRITICALCivil cases

Applies to

Appointment documents

The petition, appointment order, and related documents must be filed as part of the civil case filed contemporaneously with the appointment.

the petition, order of appointment, and any other related documents shall be filed as part of the contemporaneously filed civil case

CRITICAL

Applies to

Receipt

A party or attorney retaining security-risk exhibits must file a receipt on a form provided by the clerk.

A party or attorney retaining such exhibits shall file a receipt therefor on a form provided by the clerk.

CRITICAL

Applies to

Jury instructions

Each party must give the court two sets of each instruction—one unmarked and one marked as specified—and provide the opposing party a marked set.

Each party shall provide the court with two copies of each instruction. The first set of instructions shall be unmarked in a form suitable for submission to the jury. The second set of instructions shall be marked in advance in the following manner: the party's designation and instruction number, the I.P.I. number or citation to legal authority supporting the giving of the instruction, and the words "Given", "Withdrawn" and "Refused", followed by an underlined area to be checked, if appropriate. In addition, each party shall supply to the opposing party a set of “marked” instructions.

CRITICAL

Applies to

Notice of intent

Must include

caption

File only the Rule 90(c) Notice of Intent with the clerk; do not file its supporting attachments or hearing exhibits.

Only the Notice of Intent pursuant to S. Ct. Rule 90 (c) shall be filed with the Circuit Clerk’s Office; do not file the supporting attachments or exhibits that are going to be offered into evidence at the hearing.

CRITICAL

Applies to

Expedited trial exhibit compilation and argument summary

An expedited trial requires compilations of exhibits and a summary of arguments 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: 3. Compilations of exhibits and summary of arguments Appendix T

CRITICAL

Applies to

Fee petition

Must include

proposed order

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.

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.

CRITICAL

Applies to

Subpoena

Every subpoena issued under this section must be sent with a certification page containing the prescribed certification language.

A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section:

CRITICAL

Applies to

Summons return record

When such a summons is returned, the issuing office must enter it in Full Case; this suggests an FCE ROA for the Clerk to accept.

Similarly, where a summons issued by an attorney in the SA or PD's office is returned, the issuing office will make an entry in the SA/PD's Full Case system, and doing so will automatically suggest to the Clerk that an ROA be made in FCE; upon the Clerk's acceptance of that suggested entry, an ROA is made.

CRITICAL

Applies to

Electronically filed document

Each electronically filed document must include the filer’s typed name and contact information, and attorneys must include their ARDC number on all documents.

Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro-se party filing such document. Attorneys shall include their ARDC Number on all documents.

CRITICAL

Applies to

Jury demand

A small-claims jury demand generally triggers mandatory arbitration, and the filing party must bring the demand to the judge’s attention at the first open-court appearance.

Small claims actions with timely filed jury demands shall be subject to Mandatory Arbitration unless otherwise ordered by the assigned trial judge. The party filing a small claims jury demand shall bring the demand to the attention of the assigned trial judge at that party's first appearance in open court.

CRITICAL

Applies to

Clerk minute entry

Such dismissals shall be noted in the clerk's minute entry as "Dismissed superseded by indictment or information" by using state code 212.

Such dismissals shall be noted in the clerk's minute entry as "Dismissed superseded by indictment or information" by using state code 212.

CRITICAL

Applies to

Complaint

An eviction plaintiff must attach and serve the Appendix RR-3 additional-information form with the complaint.

Plaintiff shall use “Eviction Court: Additional Information” in substantially the form set forth in Appendix RR-3. Plaintiff shall attach “Eviction Court: Additional Information” form shall be attached to, and served with, the complaint.

CRITICALCivil cases

Applies to

Written order or judgment

The order or judgment must bear the specified endorsement from all parties of record or their counsel, with signatures and the endorser’s printed or typed contact information.

Be endorsed as "READ BY UNDERSIGNED" by all parties of record or their counsel. Endorsement shall be by signature of endorser, not simply by initials, and shall be made over the typewritten or legibly printed name, address and phone number of endorser;

CRITICAL

Applies to

Plaintiffs checklist

Plaintiff or counsel must email the completed Exhibit FM-5 checklist to the Program Administrator at least ten calendar days before the first session or management conference.

The plaintiff or its counsel must submit a completed Plaintiff’s Checklist in substantially the form set forth as Exhibit FM-5 to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. at least 10 calendar days before the first mediation session or mediation management conference.

CRITICAL

Applies to

Mediation agreement

Must include

proposed order

A small-claims mediation agreement must be written and signed, and the parties and mediator must notify the court and submit an agreed order.

If an agreement is reached, it shall be reduced to writing and signed by the parties at the conclusion of the mediation. The mediator and the parties must notify the Court that an agreement was reached, submit the agreed order, and if approved, the Court shall enter a judgment order on that agreement.

CRITICAL

Applies to

Jail order

A party seeking to bring an in-custody person to court must obtain a jail order by 5:00 p.m. on the preceding business day.

it shall be the responsibility of the party to seek and obtain a jail order no later than 5:00 p.m. on the business day immediately prior to the scheduled court date.

CRITICALCivil cases

Applies to

Written order or judgment

The order or judgment must be submitted to the clerk for a “Received” date stamp; if all parties have endorsed it, the clerk must promptly submit it to the judge for signature.

Be submitted to the clerk who shall date stamp it "Received" when so submitted and, if endorsed by, or on behalf of all parties of record, shall be promptly submitted by the clerk to the judge for signature.

CRITICALCivil cases

Applies to

Written order or judgment

The written order or judgment must be prepared by the prevailing party unless the judge directs otherwise.

Be prepared by the prevailing party or as the judge directs;

CRITICAL

Applies to

Exhibit list

More than one exhibit requires an exhibit list stating the case number, hearing date, submitting party, and each exhibit number and short description.

a. An Exhibit List is required if more than one Exhibit is filed. Exhibit lists shall include the case number, the hearing date that the exhibits are being produced for, the submitting party, and list each number of each exhibit with a short description of the exhibit.

CRITICAL

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

Mediation shall not be required if the court determines, upon motion of a party, that a case is ineligible for mediation. Said motion shall be supported by affidavit setting forth specific facts detailing why mediation would be inappropriate.

CRITICAL

Applies to

Final account

When presenting a final account, the guardian must establish the existence of the stated assets; an estate guardian’s account must state residence and physical and mental condition, while a guardian-of-the-person account must state residence and school attendance or occupation.

At the time of presenting the final account, the guardian shall establish to the court's full satisfaction, the existence of the assets stated; and each account of: a guardian of the estate shall state the place of residence, physical and mental condition of the minor or disabled person, and a guardian of the person shall state the place of residence and the fact as to attendance at school or occupation of the minor or disabled person.

CRITICAL

Applies to

Impoundment order

An impoundment order must state whether the parties' names are removed from public access to the index and how long the file will remain impounded.

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

CRITICAL

Applies to

Electronic document requiring original signature

A filer of an electronically filed document requiring an original signature must possess the signed original, and filing certifies that possession.

Original signed documents must exist in the filing person’s possession, and anyone who files an electronic document that requires an original signature certifies by so filing that they do indeed have the original signed document.

CRITICAL

Applies to

Extended media coverage request

Winnebago County extended-media requests must be filed at the designated counter using the Appendix LL-1 form.

Requests for extended media coverage filed in Winnebago County shall be filed at the window counter designated for “Practicing Attorneys”. The form of a request for extended media coverage shall be as prescribed in “Appendix LL-1”.

CRITICAL

Applies to

Transcript request form

A transcript request must be made by completing a Transcript Request Form.

A request for a transcript, from either an OCR or the DCR staff, is obtained by completing a Transcript Request Form available from the Trial Court Administration Office, the Circuit Clerk Offices, and the Circuit Court Website – http://17thcircuit.illinoiscourts.gov.