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

CRITICALCriminal cases

Applies to

Motion

Pre-Trial Motions, Discovery Motions, and Motions in Limine must cite the applicable statutes, rules, and relevant authorities supporting the requested relief.

All Pre-Trial Motions, Discovery Motions and/or Motions in Limine shall cite the applicable statute(s), Illinois Supreme Court Rule(s), Illinois Rule(s) of Evidence (“IRE”) and the most recent, relevant, controlling or persuasive Illinois Supreme Court or Illinois Appellate Court authority or other authorities upon which the motion’s request for relief is based.

CRITICALCriminal cases

Applies to

Motion

Pre-Trial Motions, Discovery Motions, and Motions in Limine must clearly and completely state the case-specific facts supporting the motion and requested relief.

All Pre-Trial Motions, Discovery Motions and/or Motions in Limine shall clearly, concisely and completely state and allege the case-specific facts upon which the motion is based and upon which the specific request for relief depends.

CRITICALCriminal cases

Applies to

Motion

A written extension motion must state whether a recording was created and preserved, the specific facts requiring the extension, and the expected production date.

4. Any written motion for an extension of time filed pursuant to this paragraph shall affirmatively state: (a) whether a video and/or audio recording of the defendant was created and preserved; (b) the specific facts requiring an extension; and (c) the expected date upon which a CD or DVD containing the video and/or audio recording(s) of the defendant will be produced to the defense.

CRITICAL

Applies to

Interpreter request form

Leave section 2b blank if your information is protected because of domestic violence or abuse.

Do not complete 2b if your information is protected because of domestic violence or abuse.

CRITICAL

Applies to

Interpreter appointment order

When counsel has reason to believe a defendant in Courtroom D has limited English proficiency, the State or responsible defense attorney must request an interpreter appointment order for an interpreter capable of translating both ways.

Whenever the State or Defense counsel have reason to believe that a Defendant in Courtroom D is not fully capable of understanding the English language and/or is not fully capable of expressing him- or herself in the English language, the State or the responsible Defense attorney(s) shall make a record of the Defendant’s lack of or limited English proficiency and shall request the entry of an Order for an Interpreter appointing an Interpreter for the Defendant who is capable of translating the Defendant’s language into English and English into the Defendant’s language.

CRITICALCriminal cases

Applies to

Initial discovery disclosures

The State must include a DVD and/or CD containing the specified recordings with its initial discovery disclosures to defense counsel or, following a knowing and voluntary waiver of counsel, to the defendant.

2. The State shall voluntarily produce to defense counsel (or to the defendant, if the defendant has made a knowing and voluntary waiver of counsel) as part of its initial discovery disclosures a digital video disk or disks (“DVD”) and/or a compact disk or disks (“CD”) containing the video and/or audio recordings of the defendant created by investigative, law enforcement or other public agencies responsible for investigating and initiating the arrest and/or prosecution of the charged defendant pursuant to the IVC; and

CRITICALCriminal cases

Applies to

Witness list

Counsel for the State and Defense Counsel shall file a written Witness List and may file a written proposed Statement of the Case prior to the date of the Final Jury Pretrial Conference.

Counsel for the State and Defense Counsel shall file a written Witness List and may file a written proposed Statement of the Case prior to the date of the Final Jury Pretrial Conference.

CRITICAL

Applies to

Case docket

After the interpreter order is entered, the Circuit Clerk must note on the case docket that the Defendant needs an interpreter and identify the language needed.

Upon entry of the Order, the Circuit Clerk shall identify the Defendant as needing an interpreter and shall identify the language needed on the docket of the Defendant’s case.

CRITICAL

Applies to

Interpreter appointment order

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

The Court is also required to “... enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court.” See 740 ILCS 140/2; see also Illinois Supreme Court Language Access Policy (10/1/2014).

CRITICALCriminal cases

Applies to

Exhibit list

Each side must provide the Court an Exhibit List on the morning of the first day of trial.

Counsel for the State and Defense Counsel shall each provide to the Court an Exhibit List on the morning of the first day of trial to assist the Court and/or the courtroom Clerk in keeping a record of Exhibits offered, admitted, refused and/or withdrawn.

CRITICAL

Applies to

Order for interpreter

Leave the judge’s signature and date section blank for the judge to complete.

DO NOT complete this section. The judge will sign and date here.

CRITICALCriminal cases

Applies to

Witness list

At trial, counsel must tender the Witness List and any agreed or proposed Statements of the Case to the Court for use during voir dire.

When the case comes before the Court for jury trial, counsel shall tender to the Court the Witness List and any Agreed or Proposed Statement(s) of the Case for use during voir dire.

CRITICAL

Applies to

Interpreter request form

Leave section 2c blank if your information is protected because of domestic violence or abuse.

Do not complete 2c if your information is protected because of domestic violence or abuse.

CRITICAL

Applies to

Interpreter request form

If the needed language is not listed, select “Other” and enter the language.

If the language is not listed, check "Other" and enter the language.

CRITICAL

Applies to

Interpreter request form

Select the needed language in section 3 of the interpreter request form.

In 3, check the box of the language needed.

CRITICAL

Applies to

Interpreter request form

Enter the form-filler’s phone number in section 2c.

In 2c, enter the phone number of the person filling out this form.

CRITICAL

Applies to

Interpreter request form

Illinois Circuit Courts must accept the Illinois Supreme Court-approved interpreter request form.

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.

CRITICALCriminal cases

Applies to

Exhibit list

Counsel must maintain an accurate list of exhibits offered, admitted, or published to the jury.

Counsel are responsible for maintaining an accurate list of the Exhibits that have been offered, admitted and/or published to the jury.

CRITICAL

Applies to

Contested disputed motion

Contested or disputed motions seeking affirmative relief must be written, state the exact relief and legal basis, recite specific supporting facts, and include an affidavit or statutory certification when required or otherwise appropriate.

All contested/disputed motions seeking affirmative relief in the form of a Court Order or modification of a Court Order shall be in writing; shall specify the exact relief sought and the legal basis upon which the request for relief is made; shall recite specific facts upon which the motion is based; and, where required by statute or Illinois Supreme Court rule or where otherwise appropriate under the circumstances, shall be supported by an affidavit or shall be verified by certification pursuant to 735 ILCS 5/1-109.

CRITICAL

Applies to

Order for interpreter

Do not mark the order boxes; the judge will select the correct box at the hearing.

DO NOT check any boxes below this point. The judge will check the correct boxes at the hearing.

CRITICALCriminal cases

Applies to

Voir dire questions

Before jury selection begins, counsel must provide the Court in writing any questions they wish to ask the entire panel about general or case-specific issues.

Prior to the commencement of jury selection, counsel shall provide to the Court in writing any questions they may wish to put to the entire panel concerning general or case-specific issues.

CRITICAL

Applies to

Interpreter request form

Defense counsel must submit a completed Request & Order for Interpreter for the Court to review and enter as appropriate.

At the earliest possible opportunity following the Defendant’s first appearance in Courtroom D, Defense counsel shall submit, on his or her Defendant’s behalf, a completed Request & Order for Interpreter for the Court to review and enter as appropriate.

CRITICAL

Applies to

Court record

When counsel has reason to believe a defendant in Courtroom D has limited English proficiency, the State or responsible defense attorney must make a record of that limitation.

Whenever the State or Defense counsel have reason to believe that a Defendant in Courtroom D is not fully capable of understanding the English language and/or is not fully capable of expressing him- or herself in the English language, the State or the responsible Defense attorney(s) shall make a record of the Defendant’s lack of or limited English proficiency

CRITICAL

Applies to

Interpreter request form

Enter the case number assigned by the Circuit Clerk on the interpreter request form.

Enter the Case Number Given by the Circuit Clerk: _____

CRITICAL

Applies to

Interpreter request form

Defense counsel must provide a defendant with limited English proficiency the Illinois Supreme Court-approved Interpreter Request Form.

Defense counsel for a Defendant with limited English proficiency shall provide his or her Defendant with the Interpreter Request Form approved by the Illinois Supreme Court and available at the Illinois Supreme Court’s web site for download.

CRITICAL

Applies to

Interpreter request form

Enter the form-filler’s address in section 2b.

In 2b, enter the address of the person filling out this form.

CRITICAL

Applies to

Proposed order

Proposed written orders prepared by an attorney and tendered to the Court must state whether they are agreed or over objection and be signed or initialed by attorneys for the State and the Defendant.

All proposed written Orders prepared by an attorney and tendered to the Court for review and signature shall: (1) specifically indicate on the Order whether the Order is "agreed" or "over objection" by either the State or the Defense; and (2) be signed or initialed by an attorney for the State and an attorney for the Defendant.

CRITICALCivil cases

Applies to

Petition

The Petition includes the signer’s certification under Section 1-109 that its statements are true and correct, subject to the stated information-and-belief exception.

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she/they verily believes the same to be true.

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form provides alternative surety options and specifies the corresponding executor oath and bond submissions, including the stated consent or other basis for a requested waiver.

9. [] No surety is required for the Executor(s) pursuant to the Will, and each Executor has filed an Oath of Office and Bond of Representative – No Surety for approval, at double the value of the personal estate; or [] Petitioner requests a waiver of surety and each proposed Executor has filed an Oath of Office and Bond of Representative – No Surety for approval, either []because all legatees consent (and have filed such waiver) or []other (specify); [] Each Executor has submitted an oath and surety bond for approval pursuant to 755 ILCS 5/12-5.

CRITICALCivil cases

Applies to

Letters of office

Letters of Office may not issue to a non-governmental guardian until the Guardian Information Sheet has been submitted.

No Letters of Office shall issue to any non-governmental guardian until the Guardian Information Sheet has been submitted.

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the petitioner to request independent or supervised administration.

8. Petitioner(s) request(s) [] Independent or [] Supervised administration of this Estate pursuant to 755 ILCS 5/28-2.

CRITICALCivil cases

Applies to

Petition

Unless supervised administration is requested, the Petition must state the personal fiduciary’s name and address and include a copy of the fiduciary’s Oath of Office.

7. Unless supervised administration is requested, the name and address of any personal fiduciary acting or designated to act pursuant to Section 28-3 for any minor or adult with a disability. A copy of said personal fiduciary's Oath of Office, indicating their acceptance of that responsibility, is attached to this Petition.

CRITICALCivil cases

Applies to

Petition or submitted order for opening decedent estate

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

All petitions for the opening of decedent's estates, and submitted orders for same, shall be substantially in the following forms, subjectively modified to account for singular/plural/gender terms.

CRITICALCivil cases

Applies to

Petition

Proposed non-governmental guardians must provide the applicable Guardian Information Sheet when filing the Petition.

For purposes of investigation and future contact, all proposed non-governmental guardians of persons with disabilities or minors shall, at the time of filing the Petition, provide the relevant "Guardian Information Sheet" (for either Adults with Disabilities, CC-102 V1, or Minors, CC-101 V2).

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the testator’s date and place of death.

- 2. The date and place of death the testator:

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the will and codicil dates and facts supporting the will’s validity as the testator’s last will.

- 3. The date of Testator's Will (and any Codicil(s)) and any facts that Petitioner(s) believe(s) the Will to be the valid last Will of the testator:

CRITICALCivil cases

Applies to

Estate inventory

The co-executor(s) must file an estate inventory within 60 days after the Letters issue, unless waived or the Court allows more time.

Within 60 days of the issuance of Letters, or such time as allowed by the Court, the (Co-) Executor(s) shall file an inventory of the Estate, unless waived;

CRITICALCivil cases

Applies to

Order

An order setting a new status date because a citation is incomplete or the judgment debtor has not fully complied must specify the terms for future compliance, including each missing document due by the next court date.

IF THE JUDGMENT CREDITOR WANTS A NEW STATUS DATE BECAUSE THE CITATION WAS NOT COMPLETED OR THE JUDGMENT DEBTOR HAS FAILED TO FULLY COMPLY WITH THE CITATION, SPECIFIC TERMS FOR FUTURE COMPLIANCE MUST BE SPELLED OUT IN THE ORDER (i.e., IF MISSING DOCUMENTS, LIST EACH DOCUMENT THAT MUST BE PRODUCED BY THE NEXT COURT DATE).

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the proposed executor’s name and post-office address and an affirmation of the listed eligibility criteria.

- 6. The name and post office address of the proposed Executor(s). Petitioner(s) affirm(s) that the proposed Executor(s) is/are: a) at least 18 years of age; b) a resident of the United States; c) not of unsound mind; d) not an adjudged person with a disability; and e) has not been convicted of a felony.

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form provides for a date and the petitioner’s signature.

Date: _____ _____ Petitioner