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

CRITICALCivil cases

Applies to

Guardian information sheet

When there are multiple proposed guardians, each one must tender a Guardian Information Sheet for filing under seal.

If there are multiple (co-) proposed guardians, each proposed guardian shall tender a Guardian Information Sheet for filing under seal.

CRITICALCivil cases

Applies to

Order

An order continuing a Citation must state the date of the judgment debtor’s first personal appearance and the date the Citation will automatically terminate unless extended by the Court.

Beginning with the date the of the judgment debtor’s first personal appearance, any order continuing the Citation shall delineate the date of the judgment debtor’s first personal appearance and the date upon which the Citation will automatically terminate unless extended by the Court (See, Supreme Court Rule 277(f)).

CRITICALCivil cases

Applies to

Estate accounting

The co-executor(s) must file an estate accounting within 14 months after the Letters issue, unless waived or the Court allows more time.

Within 14 months of the issuance of Letters, or such time as allowed by the Court, the (Co-) Executor(s) shall file an accounting of this Estate, unless waived;

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for a request for an order admitting the will to probate, opening the estate, and issuing Letters of Office.

WHEREFORE Petitioner(s) request(s) entry of an order admitting the Decedent's Will to probate, opening the Decedent's Estate, and for the issuance of Letters of Office.

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the testator’s name and residence at death.

- 1. The name and place of residence of the testator at the time of his or her death:

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the names and post-office addresses of all heirs and legatees and identifies any who are minors or persons with disabilities.

- 5. The names and post office addresses of all heirs and legatees (H, L, or Both) of the testator and whether any of them is a minor or a person with a disability (M or D):

CRITICALCivil cases

Applies to

Status report

If the Estate remains open, the Executor must file a written administration-status report before the annual status date or appear in person and request a further status date no more than 12 months later; failure to update or appear may lead to dismissal for want of prosecution.

Annual status date (to be set by the court) shall be _____ at 8:30 am in courtroom 314. If the Estate remains open on the annual status date, the Executor must either file a written report on the status of the administration prior to that date, or appear in person, and then request a further status date up to 12 months thereafter. Failure to provide a status update or appear may result in the entry of an order dismissing the cause for want of prosecution.

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for the approximate values of the testator’s real and personal estate and annual real-estate income.

- 4. The approximate value of the testator's Real estate $ _____ Personal estate$ _____ Amount of annual income from real estate $ _____

CRITICALCivil cases

Applies to

Petition to admit will and issue letters

The petition form calls for identifying whether the proposed executor is named in the will or seeks letters with the will annexed, and, for the latter, specifying the statutory preference and providing the specified consents or showing compliance.

The Proposed Executor(s) is: [] the named Executor(s) in the Will (or named successor due to death or declination of other named Executor(s)); or [] requesting Letters with the Will annexed (specify preference pursuant to 755 ILCS 5/9-3, and provide consents from any such person of equal or greater priority or show compliance with 755 ILCS 5/6-2):

CRITICAL

Applies to

Jury instructions and verdict forms

Parties must present marked and unmarked jury instructions and verdict forms tailored to the anticipated facts; earlier submission is encouraged and the Court may order it.

Parties shall present to the court the following items: - a. Sets of jury instructions and verdict forms (marked and unmarked) tailored to the anticipated facts of the case being tried. NOTE: It is encouraged that the parties submit these prior to the trial date and can expect that the court may order the same.

CRITICAL

Applies to

Response

A response to a substantive motion in limine must cite relevant case law or statutory authority supporting the response.

Opposing counsel may file a response to the movant’s “substantive” motion in limine within 14 days of the movant’s filing unless otherwise scheduled by the Court and shall cite any relevant case law or statutory authority supporting their response.

CRITICAL

Applies to

Exhibit list

Counsel must provide the court with an exhibit list before opening statements.

Counsel shall have all of their exhibits marked prior to trial with small exhibit stickers that include the case name and exhibit number and will provide an exhibit list to the court prior to opening statements.

CRITICAL

Applies to

Substantive motion in limine

Substantive motions in limine must cite relevant case law or statutory authority supporting the movant’s position.

“Substantive” motions in limine shall be in writing and shall cite any relevant case law or statutory authority supporting the movant’s position.

CRITICAL

Applies to

Voir dire question list

Parties must present a list of qualifying anticipated voir dire questions; earlier submission is encouraged and the Court may order it.

- b. A list of voir dire questions (if any) that the attorney expects to ask prospective jurors which the attorney believes an objection may be lodged, or that may be rejected by the Court. The court will issue a preliminary ruling regarding the question. NOTE: It is encouraged that the parties submit these prior to the trial date and can expect that the court may order the same.

CRITICAL

Applies to

Witness list

- c. A witness list. NOTE: It is encouraged that the parties submit these prior to the trial date and can expect that the court may order the same.

- c. A witness list. NOTE: It is encouraged that the parties submit these prior to the trial date and can expect that the court may order the same.

CRITICAL

Applies to

Agreed order

Attorneys must confer before the status date, and matters that can be handled by agreement must be disposed of through an agreed order.

All attorneys of record in a case shall confer prior to the status date to determine whether the matter can be handled via an agreed order, and all matters that can be so handled shall be disposed of via an agreed order.

CRITICALCivil cases

Applies to

Exhibit

Must include

case number

Each exhibit must have a cover page listing the submitting party’s name or title, an exhibit number or letter, a short description, and a case number.

Whether hardcopy or e-filed, all exhibits shall be separately labeled and paginated. This shall be done through a cover page which shall include the name/title of the submitting party, an Exhibit number or letter, a short description, and a case number.

CRITICALCivil cases

Applies to

Rule 218 case management order

After each status hearing or case management conference, attorneys and self-represented parties must submit a Rule 218 Case Management Order reflecting case status through submission, goals for the next court date, and that next date.

(D) Rule 218 Case Management Order. Following each status hearing or case management conference, the attorneys of record and self-represented parties, if any, shall submit Rule 218 Case Management Order (form attached) which reflects case progress and status through the date of submission, goals for the next court date and the next court date.

CRITICALCivil cases

Applies to

Agreed order

In cases pending less than 12 months, proposed agreed orders must be identified as “Agreed” and e-filed through Odyssey.

## 2. Agreed Orders (applicable only for cases pending less than 12 months) All proposed agreed orders shall be clearly identified as “Agreed” and shall be e-filed through the Winnebago County e-filing system (Odyssey).

CRITICALCivil cases

Applies to

Agreed rule 218 case management order

When filing an agreed order in a case pending less than 12 months, the parties must submit a proposed Agreed Rule 218 Case Management Order reflecting case status through submission, goals for the next court date, and a future court date.

## 2. Agreed Orders (applicable only for cases pending less than 12 months) When filing agreed orders, the attorneys and parties shall submit a proposed Agreed Rule 218 Case Management Order (form attached). The agreed order shall reflect case progress and status through the date of submission, goals for the next court date and a future court date.

CRITICALCriminal cases

Applies to

Motion to continue

Motions to continue must be written and supported by an affidavit under 725 ILCS 5/114-4.

b. All motions to continue shall be in writing and supported by affidavit pursuant to 725 ILCS 5/114-4.

CRITICALCriminal cases

Applies to

Trial submissions

The parties must present jury-instruction sets, a witness list, and an exhibit list with marked exhibits; the state must submit verdict forms.

Parties shall present to the Court the following items: - a. Sets of jury instructions (marked and unmarked) tailored to the anticipated facts of the case being tried. The state shall submit verdict forms. NOTE: It is strongly encouraged that the parties submit these on the Friday prior to the Tuesday trial date. - b. A witness list - c. An exhibit list and marked exhibits

CRITICALCivil cases

Applies to

Post trial or post hearing motion

A post-trial or post-hearing motion must specifically identify whether it relies on newly discovered evidence, a change in the law, or an error applying existing law.

The motion shall specifically state whether it is based on: (1) newly discovered evidence that could not, in the exercise of reasonable diligence, have been discovered prior to the trial or contested evidentiary hearing; and/or (2) changes in the law applicable to the facts and issues presented at the trial or contested evidentiary hearing; and/or (3) errors in the Court’s application of existing law to the facts and issues presented at the trial or contested evidentiary hearing.

CRITICALCivil cases

Applies to

Financial affidavit

Financial Affidavits must use the Illinois Supreme Court’s statewide approved form or an alternative substantially in the form of Appendix O, and the parties may not waive this requirement without leave of Court.

- The parties shall use the Illinois Supreme Court’s statewide approved form of Financial Affidavit or an alternative which is in substantially the form set forth in Appendix O to the Local Rules. The parties may not waive this requirement without leave of Court.

CRITICALCivil cases

Applies to

Verified response

Each party must file verified written responses to qualifying verified motions or petitions, and the Court may treat failure to respond to a pending verified petition as admitting its well-pleaded facts and grant relief.

Each party shall file verified written responses to any verified motions or petitions directed at the party and which are to be heard at the evidentiary hearing. The Court may deem a party's failure to file a verified written response to a then-pending verified petition as an admission of any well-pleaded facts in the petition and may grant relief accordingly.

CRITICALCivil cases

Applies to

Statement of account

If attorney fees are sought when proofs close, counsel must provide opposing counsel and the Court a current statement of account; it should detail each attorney’s rates, service dates, and time, and be redacted as necessary to protect privilege.

If a party has petitioned for, or intends to petition for attorneys' fees when the proofs are closed at the conclusion of a scheduled hearing, counsel for the requesting party must provide opposing counsel and the Court with a current statement of account for his or her client (redacted to the extent necessary to preserve and protect the attorney-client privilege). The statements of account should reflect each attorney's hourly rate, along with the dates of service and time expended on each date of service.

CRITICALCivil cases

Applies to

Statement of account

If attorney-fee motions, petitions, or requests are at issue, each party’s counsel must submit a current client statement of account, redacted as necessary to protect privilege and reflecting the hourly rate, service dates, and time spent on each date.

- If the issues to be discussed or determined at the pre-trial conference or hearing include motions, petitions or requests for awards of attorneys’ fees, counsel for each party must submit a current statement of account for their respective clients (redacted to the extent necessary to preserve and protect the attorney-client privilege). The statements of account should reflect the attorney’s hourly rate, along with the dates of service and time expended on each date of service.

CRITICALCivil cases

Applies to

Post judgment or post hearing motion

A post-judgment or post-hearing motion must include relevant mathematical calculations when necessary.

(3) when necessary, include any relevant mathematical calculations.

CRITICALCivil cases

Applies to

Pre trial memorandum

Each party must submit a Pre-Trial Memorandum under Local Rule 14.03 substantially in the form of Appendix P, and may not waive this requirement without leave of Court.

- A Pre-Trial Memorandum pursuant to Local Rule 14.03 of the Local Rules of the 17th Judicial Circuit (“Local Rules”) in substantially the form set forth in Appendix P to the Local Rules. The parties may not waive this requirement without leave of Court.

CRITICALCivil cases

Applies to

Post trial or post hearing motion

A motion based on newly discovered evidence must be verified or supported by a specific affidavit explaining why the evidence was unavailable and could not have been discovered with reasonable diligence.

If the motion is based on “newly discovered evidence,” the motion shall be verified or supported by an affidavit stating, with specificity, why the evidence was not available at the trial or hearing and why it could not have been discovered in the exercise of reasonable diligence.

CRITICALCivil cases

Applies to

Post trial or post hearing motion

A motion asserting legal error must specifically identify the testimony and exhibit numbers that, in light of the cited authorities, require reconsideration or modification.

(2) specifically identify the evidence (i.e. witness testimony and exhibit numbers) which, when considered in light of the cited authorities, compels or otherwise requires reconsideration or modification of the judgment or order entered by the Court.

CRITICALCivil cases

Applies to

Financial affidavit

When disputed issues involve financial matters, the parties must exchange and submit current, sworn, signed Financial Affidavits and may not waive the requirement without leave of Court.

If the issues in dispute involve financial matters (including, but not limited to, a party’s ability to make payments), the parties shall exchange and submit to chambers current, sworn and signed Financial Affidavits. The parties shall use the Illinois Supreme Court’s statewide approved form of Financial Affidavit or an alternative which is in substantially the form set forth in Appendix O to the Local Rules for the Seventeenth Judicial Circuit (“Local Rules”).1 The parties may not waive this requirement without leave of Court.

CRITICALCivil cases

Applies to

Proposed order

Each party must provide a proposed order to the other party and the Court by five business days before the hearing, including specified calculations for financial relief and proposed supporting findings of fact.

Each party shall prepare a proposed form of Order the party will ask the Court to enter if he or she is successful in obtaining the relief he or she seeks, and shall provide a copy of the proposed Order to the other party (or his or her counsel) and to the Court no later than five (5) business days before the hearing. In all cases in which some form of financial relief is sought, the proposed form of Order shall contain the proposing party’s mathematical calculations along with specific dollar figures for each category of relief sought. All proposed Orders shall contain proposed findings of fact which, if supported by the evidence at the hearing and adopted by the Court, would support the relief set forth in the proposed form of Order.

CRITICALCivil cases

Applies to

Written appearance or signed pleading

An attorney must file a written appearance or signed pleading before addressing the Court, unless presenting a motion for leave to appear.

An attorney shall file his or her written appearance or a signed pleading before he or she addresses the Court unless he or she is presenting a motion for leave to appear, by intervention or otherwise.

CRITICALCivil cases

Applies to

Attorneys fees petition

Every attorney-fee petition must identify the specific statutory section and subsection supporting the request.

All attorneys' fees petitions shall include a reference to the specific statutory section and subsection upon which the petition/request is based.

CRITICALCivil cases

Applies to

Post judgment or post hearing motion

A post-judgment or post-hearing motion must identify the specific modifications the party believes should be made to the judgment or prior order.

(2) identify the specific modifications to the Court’s judgment or the Court’s prior order the party believes are required, appropriate or otherwise just;

CRITICALCivil cases

Applies to

Post trial or post hearing motion

A motion asserting that the Court misapplied existing law must specifically cite the statutory provisions or Illinois Supreme or Appellate Court cases allegedly misapplied.

If the motion is based on an assertion that the Court erred in its “application of existing law to the facts and issues presented at trial,” the motion shall: (1) provide specific citations to the statutory section and subsections and/or to the specific Illinois Supreme and/or Appellate Court case(s) the party asserts were misapplied;

CRITICALCivil cases

Applies to

Post judgment or post hearing motion

A post-judgment or post-hearing motion must state the exact relief sought with specificity.

All post-judgment or post-hearing motions shall: (1) state with specificity the exact relief sought;

CRITICALCivil cases

Applies to

Witness list

Each party must disclose intended or possible witnesses to the opposing party; witness lists need not be provided to the Court beforehand, and undisclosed witnesses may be barred, subject to stated exceptions and the Court’s discretion.

Each party shall provide the opposing party with a list of the witnesses he or she intends to or may call as witnesses at the evidentiary hearing. The parties do not need to provide their respective witness lists to the Court prior to the hearing. Other than a party or a witness called solely for the purposes of rebuttal or impeachment, any witness not disclosed prior to the hearing may, in the Court's discretion, be barred on the motion of the opposing party. In contested custody cases, the Court assumes, unless informed otherwise, that the court-appointed Guardian Ad Litem and/or court-appointed custody evaluator will be a witness.

CRITICALCivil cases

Applies to

Post trial or post hearing motion

A motion based on a change in the law must cite the new or amended statute and its effective date, or the new Illinois Supreme or Appellate Court case relied on.

If the motion is based on a “change in the law,” the motion shall provide a citation to the new or amended statute (including its “effective date”), or to the new Illinois Supreme or Appellate Court case, upon which the party relies for the relief sought in the motion.

CRITICALCivil cases

Applies to

Post trial or post hearing motion

If witness testimony is critical to the motion, the moving party must obtain and supply the Court with a transcript of the relevant testimony.

If the testimony of a witness or witnesses is critical to the post-trial or post-hearing motion, the moving party shall obtain and supply the Court with a transcript of the relevant portions of the testimony.

CRITICALCivil cases

Applies to

Motion to withdraw

A motion to withdraw may not be noticed for a trial or contested evidentiary hearing date absent the parties’ agreement or good cause shown in a verified motion, and a client’s failure to meet financial commitments is not good cause.

Absent agreement of the parties or good cause shown in a verified motion for leave to withdraw, no motion to withdraw may be noticed for presentment on a date set by the Court for a trial or other contested evidentiary hearing. “Good cause” for presentment of a motion to withdraw on a trial or hearing date does not include a client’s failure to comply with his or her financial commitments to the attorney.

CRITICALCivil cases

Applies to

Statement of assets and liabilities

For a final pre-dissolution hearing involving disposition of property, the parties must exchange and submit current, sworn, signed Statements of Assets and Liabilities and may not waive the requirement without leave of Court.

If the hearing is a final hearing in a pre-dissolution case involving the “Disposition of property” (750 ILCS 5/503), the parties shall exchange and submit to chambers current, sworn and signed Statements of Assets and Liabilities in accordance with Local Rule 14.25. The parties may not waive this requirement without leave of Court.

CRITICALCivil cases

Applies to

Financial affidavit

If disputed financial issues will be discussed or determined at the conference, the parties must submit current, verified Financial Affidavits.

- If the issues to be discussed or determined at the pre-trial conference include any disputed financial issues, the parties are must submit current, verified Financial Affidavits. (See, Local Rule 14.02 for further guidance).