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

WARNING

Applies to

Foreclosure complaint

An unlabeled foreclosure complaint is treated as subject to mediation until the plaintiff files an amended complaint labeling it otherwise.

Should a complaint seeking the foreclosure of property be filed without a label that designates the case as either “Subject to mediation” or “Not subject to mediation,” the case shall be considered subject to mediation and the requirements set forth by this local rule until such time as the plaintiff files an amended complaint that designates the case as “Not subject to mediation” (see Section G).

WARNING

Applies to

Proposed order

A proposed order should be titled “Order” if it memorializes a judge’s ruling and has been circulated for approval as to form, or if it concerns a matter for which the judge has agreed to receive a proposed order in advance of ruling.

Proposed Orders. A proposed order should be titled “Order” if it fits into one of the following two categories: The order memorializes a ruling made by a judge, and it has been circulated to the other parties for approval as to form pursuant to Local Rule 8. The order relates to a matter on which the party intends to seek a ruling from the Courtif the judge has indicated a willingness to receive such pre-ruling orders in advance.

WARNINGCivil cases

Applies to

Motion

The court may strike a motion that does not specify the legal authority supporting it and its requested relief.

The court may, at its discretion, strike any motion which does not specify the legal authority upon which the motion and its request for relief is based.

WARNING

Applies to

Guardian ad litem report

A GAL must issue a concise written report of the investigation, findings, and recommendations unless the Court approves skipping it in a simple case where a report is not justified.

7. Issuance of a concise written report summarizing the GAL’s investigation, findings, and any recommendations. (With the Court’s approval, the GAL may skip this step where the issues are simple and a report is not justified);

WARNING

Applies to

Order

Each year, the Winnebago and Boone County Sheriff’s Departments must identify applicable civil warrants and present an order to the Chief Judge for approval.

Annually, the Winnebago and Boone County Sheriff’s Departments shall identify all civil warrants to which this rule will apply and present an Order to the Chief Judge for approval.

WARNING

Applies to

Recusal order

A judge who recuses from a case must enter a written order stating the reason.

A judge who deems it necessary to recuse himself or herself from a case shall enter a written order specifying the reason for the recusal.

WARNING

Applies to

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.

WARNING

The court may waive the guardian’s bond if waiver is in the estate’s best interest; then the minor’s or disabled person’s attorney is personally responsible for depositing the funds as required.

The requirement of a bond to be filed by the guardian of the minor's or disabled person's estate may be waived when the court finds it is the best interest of the minor's or disabled person's estate. In such instances, the attorney representing the interest of the minor or disabled person shall have personal responsibility for depositing the funds in the approved financial institution in accordance with the requirements of paragraph (f) above.

WARNING

Applies to

Order

An order rescheduling a court date, or rendering a future court date unnecessary, should specifically strike the unnecessary date.

An order rescheduling a court date, or rendering a future court date unnecessary, should specifically strike the unnecessary date.

WARNINGCivil cases

Applies to

Motion

The presiding judge may strike a motion filed in violation of the order.

Any motion filed in violation with this order may be stricken at the discretion of the presiding judge.

WARNING

Applies to

Order

Submitted orders must comply with General Order 9.14 and Local Rule 8.

1. Orders submitted shall comply with General Order 9.14 and Local Rule 8.

WARNING

Applies to

Evidence deposition exhibits

If exhibits are utilized in an evidence deposition, they should be tendered to the Clerk for inclusion in the record.

If exhibits are utilized in an evidence deposition, they should be tendered to the Clerk for inclusion in the record.

WARNING

Applies to

Small claims pleadings

On motion of either party, or on the court's own motion, the assigned trial judge may permit limited and simplified discovery and/or may require the filing of an Answer and Supreme Court Rule 222 Disclosures. Once pleadings requirements are satisfied, the small claims action shall be promptly scheduled for arbitration.

On motion of either party, or on the court's own motion, the assigned trial judge may permit limited and simplified discovery and/or may require the filing of an Answer and Supreme Court Rule 222 Disclosures. Once pleadings requirements are satisfied, the small claims action shall be promptly scheduled for arbitration.

WARNING

Applies to

Subpoena or return

With respect to subpoenas issued by these two offices only, the procedure for recording the issuance or return of a summons shall be as follows: 3. The physical copy of the subpoena or the return shall be maintained by the issuing office. If any dispute arises over the issuance or return of a subpoena, the issuing office must produce the original. The ROA is not conclusive proof that a subpoena was issued or returned. Where a dispute as to the issuance or return of a subpoena arises, the original should be filed of record with the Clerk.

With respect to subpoenas issued by these two offices only, the procedure for recording the issuance or return of a summons shall be as follows: 3. The physical copy of the subpoena or the return shall be maintained by the issuing office. If any dispute arises over the issuance or return of a subpoena, the issuing office must produce the original. The ROA is not conclusive proof that a subpoena was issued or returned. Where a dispute as to the issuance or return of a subpoena arises, the original should be filed of record with the Clerk.

WARNING

Applies to

Certificate

For an account presented by a bank or trust company, the court must waive exhibition of vouchers for disbursements other than distributions upon presentation of a signed certificate confirming the vouchers are on file with the institution.

In the event that the account is presented by a bank or trust company, the court shall waive the requirement of the exhibiting of the necessary vouchers for disbursements, other than distributions, upon presentation of a certificate, signed by an official of the bank or trust company stating that the voucher covering the disbursements in the account presented are filed with the bank or trust company.

WARNING

Applies to

Interpreter request

The court hearing Meeting ID should be included in the request.

The court hearing Meeting ID should be included in the request.

WARNING

Applies to

Agreed order

An agreed order must use the filing description “Agreed Order.”

3. Agreed Orders shall include the Filing Description of “Agreed Order”.

WARNINGCivil cases

Applies to

Written notice

When extending the deadline for an answer or written appearance, a judge is encouraged to use the specified written notice form.

A judge choosing to extend the deadline for an answer or written appearance is encouraged to utilize a written notice in the form specified below.

WARNING

Applies to

Order resulting from hearing

An order resulting from a prior hearing must use the specified filing description and state the hearing date.

2. Orders submitted as a result from a previously held court hearing 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.

INFO

Applies to

Court assessment waiver application

The judge may consider a waiver application at sentencing without additional notice and may use oral examination instead of the supporting documents.

The judge presiding over the case may address an Application for Waiver of Court Assessments at the time of sentencing without any additional notice, and may elect to proceed on oral examination of the defendant in lieu of any supporting documentation as provided in Paragraph A(2) above.

INFO

Applies to

Signed log sheet or receipt

The Clerk may allow counsel to inspect exhibits pending appeal upon provision of a signed log sheet or receipt.

The Clerk may allow exhibits in the Clerk’s possession pending an appeal to be inspected by counsel, as officers of the court, upon provision of a signed log sheet or receipt.

INFOCivil cases

Applies to

Receiver special report

The court may order the receiver to file other special reports.

Other special reports may be ordered by the court.

INFOCivil cases

Applies to

Notice

Notices may include other information applicable to the litigant's case type.

Notices may also inform the litigant of other information applicable to their case type.

INFO

Applies to

Fee or expense objection

The fee-or-expense objection may use the form attached as Appendix N.

A form of such objection is attached hereto as Appendix N.

INFO

Applies to

Electronically filed document

Electronic documents filed using verified user authentication are deemed signed by its holder, and facsimile or typographical signatures may be filed and are deemed signed in person by the identified individual.

Any document filed electronically, including all pleadings, motions, documents, etc., using a verified user authentication shall be deemed to have been signed by the holder of the user authentication. Documents containing facsimile or typographical signatures may be filed electronically and shall be deemed to have been signed in person by the individual identified.

INFOCivil cases

Applies to

Written order or judgment

In multiparty suits, endorsements may be made in counterparts.

in multiparty suits, endorsement may be in counterparts.

INFO

Applies to

Summons issuance record

For summonses issued by attorneys in the States Attorney or Public Defender offices, issuance triggers a suggested Clerk FCE entry, which the Clerk may accept to create an ROA.

Issuance of a summons by an attorney in the SA or PD's office will automatically trigger a suggested entry in the Clerk's FCE system. The Clerk may "accept" that entry and thereby automatically create a record of action ("ROA") in the file.