Circuit Court of LaSalle County, Illinois (13th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Documents Customarily Required to Be Provided to the Court
Adjournments
- A personal representative must request an extension of an accounting deadline by verified petition stating the reasons, and the petition may be heard without notice for an unnecessary annual accounting, a faultless estate-related reason, the stated pending-tax and estate-payment conditions, or other good cause.
Request must include
Communication
Phone
Page & Word Limits1 rule
The Pretrial Order may include a trial brief for each party not exceeding four (4) pages unless leave of court to the contra is granted.
- Trial brief
- Up to 4 pages per party
Exception
More pages with leave of court
Document Format Requirements7 rules
shall not contain a backing sheet
Formatting
- •No backing sheet
With the exception of forms and exhibits, only one side of each page shall be used.
Formatting
- •Only one side of each page may be used
- •Forms and exhibits are excepted from the one-sided-page requirement
if such pleading contains more than one page, shall be stapled at the upper right and left corners.
- Pleading
- More than 1 page
- Binding
- Stapled
Formatting
- •Staples must be placed at the upper-right and upper-left corners
shall contain a space at least 2 by 2 inches at the upper right portion of the first page for the Clerk's file mark
An oversized document must be divided into appropriately sized parts, with each electronic document limited to 25MB and all documents in one transaction limited to 35MB, subject to future increases.
Court's wording
If a document exceeds the maximum size allowed, the filer will file multiple documents, each under the maximum file size. In such case, the filer will be responsible for dividing the document into appropriately sized parts. Currently the maximum file size allowed for each document is 25MB, with a total maximum size of all documents filed in one transaction at 35MB. Maximum file size allowances may increase as technology advances allow.
Upon presentment to the Clerk, the Clerk shall place a file mark on the first page of each document in the upper right-hand corner.
All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the requirements set by the EFM.
Document Filing Requirements47 rules
All pleadings shall include a cause entitlement and number
(a) Schedules. Bonds with personal sureties shall be approved by the court. Sureties shall execute and file verified schedules of property when so directed by the court.
1) Judgment for Dissolution of Marriage
5) Certificate of completion of Parenting Class.
2) Signed original of any written agreement of the parties that will be testified to and received in evidence and is to be incorporated in the Judgment for Dissolution of Marriage
3) Allocation Judgment allocating parental responsibilities and parenting time, fully completed and signed by each party (if minor children).
4) Uniform Order for Support and Child Support Data Sheet, fully completed and signed by each party, with statutory child support calculations attached (if minor children and/or children who are 18 but have not graduated high school.
6) Fully completed Certificate of Dissolution
In proceedings involving disputes over property, debts, maintenance, or child support, each party must file the required Financial Affidavit with supporting documentary evidence.
Court's wording
In all proceedings in which there is a dispute involving property and/or debts, temporary or permanent maintenance, and/or temporary or permanent child support, each party shall file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
In all proceedings on Rules to Show Cause where the issue of delinquent child support is at issue, an "Affidavit of Amount Due" (similar to that found in Appendix E) shall be filed, contemporaneously with the filing of the petition.
In all post-judgment proceedings involving financial matters, other than for enforcement of a judgment order, the moving party shall, at the time the motion or petition is filed, file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
A responding party must file the prescribed Financial Affidavit and documentary evidence when filing the responsive pleading.
Court's wording
The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
(c) No agreed order for attorney's fees on behalf of an attorney against his client, or consent judgment, shall be entered unless the requirements of subparagraph (a) have been met and the client is present in open court and knowingly waives his/her right to a hearing and separate representation.
A moving party for interim or contribution attorney fees and costs must file a statutorily prescribed Financial Affidavit and supporting documentary evidence when filing the petition and supporting affidavits.
Court's wording
In all proceedings involving a petition for interim attorney fees and costs or for contribution to attorney fees and costs brought pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Parentage Act of 2015, the moving party shall, at the time the petition and supporting affidavit(s) is filed, file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
A notice for an attorney's-fee petition against a client must substantially comply with the specified notice language and advise the client of the attached petition and bill, hearing rights, right to separate representation, and possible default.
Court's wording
(b) Notice for any Petition for attorney's fees on behalf of an attorney against his client shall be in substantial compliance with the following: You are hereby notified that on ___________, _______ day of ____________, at _________ or as soon thereafter as counsel may be heard, the undersigned shall appear before the Honorable Judge ________________, in Room _________, at the LaSalle County Courthouse, Ottawa, Illinois, and then and there present a Petition for Attorney's Fees pursuant to Section 508 of the IMDMA, The law requires that you be advised of your right to a copy of that Petition and an itemized copy of the bill, copies of which are attached, and further provides for a right to a hearing on the Petition and a right to be represented at your expense at that hearing by an attorney other than one associated with the undersigned. If you do not appear, a judgment may be entered in accordance with the Petition.
(e) The parties are required to execute a release of information as to participation in the Program to the Court and Attorneys.
(c) A final Judgment will not be entered between the parties until a certificate is presented to the Court indicating that the parties have completed the program.
An indirect criminal contempt proceeding must be initiated by a verified petition that particularly describes the alleged contemptuous conduct.
Court's wording
An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.
Upon an adjudication of contempt, the court shall enter a written judgment order setting forth the factual basis for the finding and specifying the sanctions imposed.
A guardian's account must disclose the ward's location and condition, school attendance or occupation, known estate-related proceedings, and sufficient facts establishing the existence of all listed assets.
Court's wording
An account of a guardian or a guardian to collect shall disclose: 1) the physical location of the ward and his physical and mental condition: 2) the ward's attendance in school or occupation: 3) the pendency of any suit or proceeding known to him by or against the estate or the representative of the estate, and: 4) to the judge's satisfaction the existence of all assets stated.
The hearing notice must state the hearing's time, date, place, and nature in substantially the prescribed language.
Court's wording
The notice shall contain the time, date, place and nature of the hearing in substantially the following sentence: "If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given."
The attorney must include a written certification in a petition for leave to settle that the proposed settlement is just and proper.
Court's wording
(a) Petition for Leave to Settle. If a petition for leave to settle a cause of action for personal injuries sustained by a ward or decedent or a cause of action for the wrongful death of a person whose estate is in the course of administration is presented by a representative, his attorney shall certify in writing, as part of the petition, that in his opinion, based upon the facts and law, the proposed settlement is just and proper.
(d) Statement of Attending Physician Required. No settlement on behalf of a minor or disabled adult will be authorized unless a statement of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury and the current medical condition of the ward.
(f) Reimbursement of Expenses. If an attorney asks for any expense beyond his fee, he shall furnish the court with his affidavit certifying to the reasonableness, necessity, and propriety of the expense.
A petition to withdraw a ward's deposited or invested funds must be presented in person by an authorized custodian or guardian, unless the court waives personal presentation.
Court's wording
(a) Petition to Withdraw. A petition to withdraw funds deposited or invested, as provided in Section 24-21 of the Probate Act of 1975 or pursuant to this rule, shall be presented in person by the parent, spouse, person standing in loco parentis, or person having responsibility of custody of the ward, unless personal presentation is waived by the court.
The application shall have incorporated in, or attached thereto, a copy of the order of the hearing judge.
If the attorney representing the attorney-in-fact is not the attorney for the estate, he shall file an affidavit stating he will properly supervise the distribution of funds held by the attorney-in-fact.
The mediation notice must state that an outside mediator will evaluate loan modification or another loan workout and may facilitate discussion of consent foreclosure, short sale, or deed in lieu with a waiver of deficiency.
Court's wording
The form shall include a provision that the case will be evaluated by an outside mediator for possible loan modification or other loan workout. The notice shall further state that if such modification is not deemed feasible, or the borrower does not desire to save his or her home, then mediation may still be used to assist the parties in discussing a consent foreclosure, short sale or deed-in-lieu of foreclosure in which the lender will waive any deficiency against the borrowers.
ALL DOCUMENTS THAT ARE INTENDED TO BE OFFERED AS REBUTTAL EVIDENCE OR IMPEACHMENT PURPOSES NEED TO BE LISTED.
Petitioner and Respondent shall list all exhibits including financials and appraisals expected to be offered in evidence during their case in chief.
Must include
- •Exhibit list
Each party shall attach a written list of all persons having knowledge of relevant facts.
(Those not listed will not be admitted without good cause shown.)
Each party must set forth a statement of Specific Relief requested upon the facts supporting their position.
Objections by opposing party must be made in writing (stating specific grounds.)
Each trial brief must include the nature of the case, the contested facts expected to be established, the party's theory of property distribution or other statutory relief, and supporting authorities.
- Document
- Trial brief
Must include
- •Statement of facts
Court's wording
The trial brief shall include a statement of the nature of the case; a full and complete statement of the contested facts the party expects the evidence will establish, in support thereof, the party's theory of just distribution of marital property of other relief pursuant to provisions of the statute together with authorities to support thereof.
A calculation of the amounts paid by Respondent through ____, 20____ is as follows:
Signed and Sworn to before me this ____ day of ____, 20____
Balance due through ____, 20____.
A calculation of all amounts coming due through ____, 20____ is as follows:
All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Link or instructions where to obtain this Zoom information, (2) dial-in information, and (3) the courthouse address and courtroom number.
Unless otherwise allowed by (1) an individual Court's own standing order or (2) a case-by-case exception made within the Court's discretion, a person seeking permission to appear remotely pursuant to Supreme Court Rule 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Circuit Court Rules 2.1(a) and 2.1(c).
Unless waived, the minor shall appear in open court.
Each assignment of interest or power of attorney with respect to a distributee's interest in an estate of a decedent may be presented to the court for filing and approval. The petition for approval shall be verified and state:
The foreign representative or attorney-in-fact shall present his petition for leave to receive the share in the form prescribed by the court.
☐ No Orders of Protection or restraining orders are in effect, and I am not aware of any past acts of violence. ☐ Copies of Orders of Protection, etc... are attached.
Mediation is requested for the following: Name / Address/ Phone of Mediator Deadline for contacting mediator: Deadline for completing mediation:
This notice also may require the production of documents at the hearing relating to the income of the party so noticed.
Filing & Service rules
Electronic Filing Rules
Electronic filing through the authorized centralized EFM is mandatory in civil case types effective January 1, 2018.
On January 22, 2016, the Supreme Court amended M.R. 18368, mandating electronic filing in civil case types effective January 1, 2018 through the utilization of a centralized electronic filing manager (EFM) authorized by the Supreme Court.
Page 77 | 13.1 AUTHORITY
Physical exhibits that cannot adequately be filed electronically must be filed in physical form at the Clerk’s office or courtroom as directed by court order.
Items not conducive to electronic filing, such as physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s office or in the courtroom, as directed by order of court and in conformity with the Supreme Court’s Order M.R. 18368 filed January 22, 2016.
Page 79 | 13.7 FILING OF EXHIBITS
Electronic filing is mandatory for all civil case types as of January 1, 2018, is encouraged for criminal cases, and conventional filings remain accepted in both.
The Circuit Court hereby requires electronic filing in all civil case types effective January 1, 2018 and encourages criminal e-filing, although conventional filings in these case types will continue to be accepted.
Page 79 | 13.6 METHOD OF FILING
All filers must register with the EFM through an authorized EFSP before filing electronically.
All filers shall register with the EFM through an authorized EFSP, prior to filing any document electronically.
Page 79 | 13.5 AUTHORIZED USERS
Wills and other testamentary documents cannot be filed electronically.
Wills or other testamentary documents shall not be accepted for filing electronically.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Permissive eFileIL filing in criminal and juvenile cases is available only after initiation and assignment of a case number.
Permissive e-filing of criminal and juvenile cases through e-FileIL applies only to filings after the case has been initiated and assigned a case number.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Traffic, ordinance violation, conservation, and civil law matters are excluded from permissive eFileIL filing.
Permissive e-filing through eFileIL does not include quasi-criminal case types: Traffic (TR), Ordinance Violation (OV), Conservation (CV) and Civil Law (CL).
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
The EFM must notify filers when electronically submitted documents are received, accepted, or rejected.
The EFM shall provide notification of a receipt, acceptance, or rejection of electronically filed documents.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
Electronic filing through eFileIL is permitted, rather than required, for the listed criminal and juvenile case types.
This Court hereby authorizes electronic filing in criminal case types (Criminal Felony (CF), Criminal Misdemeanor (CM), Driving Under the Influence (DT) and juvenile case types (Juvenile (J), Juvenile Abuse and Neglect (JA), and Juvenile Delinquency (JD)) in a permissive manner through e- File IL.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Incarcerated self-represented litigants are not required to e-file but are encouraged to do so when the facility provides access.
Self-represented litigants incarcerated in a federal, state or local correctional facility shall not be required to e-File documents but are encouraged to do so if e- Filing is available within the facility.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Criminal and juvenile case initiation should continue under existing practices rather than the permissive eFileIL procedure.
Criminal and juvenile case initiation in the circuit courts should continue using current practices.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Physical items represented by a photograph may be electronically imaged and e-filed.
Physical items for which a photograph may be substituted may be electronically imaged and E-filed.
Page 79 | 13.7 FILING OF EXHIBITS
A motion and notice of motion requesting permission to file physical items may be filed electronically.
The Motion and Notice of Motion for permission to file any of these physical items may be done electronically.
Page 79 | 13.7 FILING OF EXHIBITS
The Clerk must provide a computer workstation that any filer may use to register and file electronically.
To facilitate electronic filing, the Clerk of the Circuit Court shall provide a computer workstation for use for any filer to register and file electronic documents.
Page 79 | 13.5 AUTHORIZED USERS
An electronically signed document satisfies Supreme Court requirements and statutes governing original signatures.
Any document electronically signed pursuant to the Standards, Rule or Order satisfies Supreme Court Rules and statutes regarding original signatures on court documents.
Page 80 | 13.11 SIGNATURES AND AUTHENTICATION
Filing Timing and Cure Windows
Unless they are proposed orders, documents must be filed with the Clerk of the Court before presentment to the court.
All documents shall be filed with the Clerk of the Court pursuant to Supreme Court Rule 10 prior to their presentment to the court with the exception of proposed orders.
Page 14 | 1.7 DOCUMENTS AND COURT FILES
Failure to provide said package to the Court prior to the hearing shall result in the Court not hearing the matter at the requested time for hearing”.
Failure to provide said package to the Court prior to the hearing shall result in the Court not hearing the matter at the requested time for hearing”.
Page 32 | 8.03 PROVE-UPS IN DISSOLUTION CASES
The person seeking publication service is responsible for promptly filing appropriate certificates of publication and mailing, except for matters assigned to the Circuit Clerk.
The responsibility for the prompt filing of appropriate Certificates of Publication and/or Certificates of Mailing shall be that of the person seeking such service except as to those matters which are the responsibility of the Circuit Clerk.
Page 32 | 8.04 SERVICE BY PUBLICATION
The written judgment order and accompanying documents must be prepared and submitted no later than fourteen days after the final hearing.
The written judgment order and accompanying documents as provided in 8.03 and 8.04 of these rules shall be prepared and submitted within and no more than fourteen (14) days of the final hearing.
Page 33 | 8.05 JUDGMENTS FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION OR DECLARATION OF INVALIDITY
In permanent-relief proceedings with disputed child-custody or property-apportionment issues, the parties must file the specified Final Pretrial Stipulation at least five days before the final pretrial conference unless the court directs otherwise.
A Final Pre-Trial Stipulation and Statement of Proposed Property Apportionment and Apportionment of Marital Indebtedness (similar to that found in Appendix D) shall be filed by the parties not less than five (5) days prior to the final pre-trial conference scheduled by the Court unless otherwise directed by the Court.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS
For permanent-relief hearings, each party must file the Financial Affidavit and proof of service at least five days before the final pretrial conference.
In all hearings seeking permanent relief, each party shall file the Financial Affidavit and proof of service at least five (5) days before the final pre-trial conference.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS
For temporary-relief hearings, the moving party must file the Financial Affidavit when the motion or petition is filed and must file proof of service at least fourteen days before the hearing.
In all hearings seeking temporary relief, the moving party shall file the Financial 32 ===== PAGE 34 ===== Affidavit at the time the motion or petition for temporary relief is filed and shall file proof of service at least fourteen (14) days before the hearing.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS
For temporary-relief hearings, the responding party must file the Financial Affidavit and proof of service at least seven days before the hearing.
The responding party shall file the Financial Affidavit and proof of service at least seven (7) days before the hearing.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS
The first inventory must be filed within 60 days after the estate receives letters.
The first inventory shall be filed within 60 days after issuance of letters.
Page 59 | 11.7 INVENTORIES-DESCRIPTIONS REQUIRED
The claim must be automatically set for hearing at least 35 days after the proof of mailing is filed.
The court, or if the court so designates, the clerk, shall automatically set the claim for hearing not less than thirty-five (35) days after the filing of the proof of mailing.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
A legal representative or other affected person may file an answer contesting the claim within 30 days after the claimant files proof with the clerk.
The legal representative or any other persons whose right may be affected by the allowance of the claim may file an answer contesting the claim within thirty (30) days after the claimant has filed his proof with the clerk.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
If no objection is filed within 30 days after the proof is filed, the court may allow the claim and enter judgment.
If no objection has been filed within thirty (30) days from the date of filing the proof, the claim may be allowed by the court and judgment entered pursuant to Section 18-7 of the Probate Act of 1975 in accordance with statutory classification.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
Every executor and administrator must present the statutory account and disbursement evidence within the stated initial deadline, annually after the first account, and whenever the court orders another accounting.
Every executor and administrator shall present the account and evidence of disbursements required by Section 2-1-1 of the Probate Act of 1975: 1) within 60 days after the expiration of 6 months after the issuance of letters; 2) annually after the date of the first account; and 3) at such other times as the court may order.
Page 64 | 11.12(a) When Required-Executor/Administrator
Every guardian must present the required account and evidence within the stated initial and termination deadlines, annually after the first account, and whenever the court orders another accounting.
Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act of 1975: 1) within 30 days after the expiration of one year after the issuance of letters; 2) annually after the date of the first account; 3) within 30 days after the termination of his office; and 4) at such other times as the court may order.
Page 64 | 11.12(b) When Required-Guardian
If the estate account is not presented within 60 days after the due-account notice is mailed, the clerk must issue a citation directing the personal representative to account or appear and show cause or face removal.
If the account is not presented within 60 days after the date such notice was mailed, the clerk shall issue a citation directing the personal representative to account as required or to appear on a date fixed by the court to show cause why he should not do so, or be removed as personal representative.
Page 65 | 11.12(d) Periodic Accounting Not Filed-Notice and Citation
Unless excused, petitioners must file receipts for all withdrawn funds spent within 30 days after entry of the withdrawal order.
Unless excused from doing so, within 30 days after entry of the order for withdrawal, the petitioners shall file receipts for all sums expended.
Page 68 | 11.16(a) WITHDRAWAL OF WARD'S MONEY
A pro se party's noncompliant document must be reviewed by the court for acceptance before it can be rejected.
Documents filed by pro se parties that do not comply with the format specified by the applicable order, statute, or rule shall be reviewed for acceptance by the court prior to rejection.
Page 80 | 13.10 FORMAT OF DOCUMENTS
The electronic filing mark uses the transmission date and time, and pleadings received before midnight on an open Clerk’s-office day are deemed filed that day.
The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the Clerk before midnight on a day the Circuit Clerk’s office is open shall be deemed filed that day.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
A document submitted when the Circuit Clerk’s office is closed is deemed filed on the next business day.
If filed on a day the Circuit Clerk’s office is not open for business, the document will be deemed filed the next business day.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
After the Clerk accepts an electronic filing, the EFM applies an electronic file stamp giving it the same force and effect as a conventionally file-stamped document.
Upon acceptance by the clerk, the EFM shall apply the file stamp to the electronic document. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
An electronically submitted document is considered filed when the Clerk reviews and accepts it and its transmission is completed with the electronic filing stamp.
Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.
Page 80 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
3. This objection is filed within three (3) days of receiving notice of the request for extended media coverage.
3. This objection is filed within three (3) days of receiving notice of the request for extended media coverage.
Page 8 | Appendix B
A witness objection to extended media coverage must be filed with the court clerk before the witness begins testifying.
4. This objection is filed with the Clerk of the Court prior to the commencement of my testimony.
Page 9 | OBJECTION OF WITNESS TO REQUEST FOR EXTENDED MEDIA COVERAGE OF TESTIMONY
Within 90 days after entry of the order, or within any additional time allowed by the court, the foreign representative or attorney-in-fact must file a compliance report with the distributee’s receipt evidencing payment and delivery.
Within 90 days after entry of the order or within such further time as the court allows, the foreign representative or attorney-in-fact shall present to the court his report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.
Page 70 | 11.18 ATTORNEYS-IN-FACT AND REPRESENTATIVES OF FOREIGN COUNTRIES
The clerk may reject an electronic filing involving an unapproved case or document type.
Any unapproved case or document type filed electronically by a filer may be rejected by the Clerk of the Court.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
The clerk may reject any electronic filing that does not conform procedurally or technically and may identify the deficiency for correction.
Rejection – The court clerk may reject any electronic filing for any procedural or technical nonconformance and may identify the deficiency to be corrected.
Page 78 | 13.4 DEFINITIONS
Attorney-filed documents that do not comply with applicable format requirements may be rejected.
Documents filed by attorneys that do not comply with the format specified by the applicable order, statute, or rule may be rejected.
Page 80 | 13.10 FORMAT OF DOCUMENTS
Absent extraordinary circumstances, a person prejudiced by a retroactive order accepting a later filing is entitled to an extension of the applicable response or action period.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court’s order to accept a subsequent filing effective as of the date filing was first attempted, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 81 | 13.15 SYSTEM OR USER ERRORS
Service and Proof of Service Rules
Proof must be placed of record for notice served personally, by mail, by third-party commercial carrier, by fax, or by email.
Proof of notice by personal service, mailing, delivery by third-party commercial carrier, fax or e-mail shall be made of record.
Page 31 | 8.02 NOTICE
Unless the court orders otherwise, personal, fax, and email notice must be made at least three days before the hearing, while mail and third-party commercial carrier notice must be made at least seven days before the hearing.
Service of Notice of Motion or Petition shall be in accordance with the Rules of Practice of the Circuit Court as provided in Part 2 of these Rules; that is, unless otherwise ordered by the Court, notice by personal service shall be made not less than three (3) days prior to the hearing, notice by U.S. Mail shall be made not less than seven (7) days prior to hearing, notice by third-party commercial carrier shall be made not less than seven (7) days prior to the hearing, notice by fax shall be made not less than three (3) days prior to the hearing and notice by e-mail shall be made not less than three (3) days prior to the hearing.
Page 31 | 8.02 NOTICE
Service by publication must comply with 735 ILCS 5/2-206 and 5/2-207 as amended.
Service by publication shall be in accordance with 735 ILCS 5/2-206 and 5/2-207 as from time to time amended.
Page 32 | 8.04 SERVICE BY PUBLICATION
A person or entity seeking jurisdiction by publication must provide all necessary documents, including mailing copies, to the Circuit Clerk.
The person or entity seeking to obtain jurisdiction by publication shall provide copies of all necessary documents to the Circuit Clerk, including copies for mailing.
Page 32 | 8.04 SERVICE BY PUBLICATION
Proof of service for the petition, Financial Affidavit, and notice of hearing must be filed at least 14 days before the hearing.
Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen days (14) days prior to the hearing.
Page 39 | 8.11 ATTORNEY'S FEES (INTERIM AND CONTRIBUTION PETITIONS)
A responding party's proof of service must be filed at least seven days before the hearing.
The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
Page 39 | 8.11 ATTORNEY'S FEES (INTERIM AND CONTRIBUTION PETITIONS)
Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, proof of service 52 shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.
Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, proof of service 52 shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.
Page 53 | (c) Indirect Criminal Contempt Defined
A rule to show cause must be personally served at least five days before the hearing unless the court orders otherwise for good cause shown.
(3) Service of Rules. A rule to show cause shall be personally served upon the respondent unless otherwise ordered by the court for good cause shown. Unless otherwise ordered by the court, a rule to show cause shall be served upon the respondent not less than five (5) days prior to hearing.
Page 55 | Civil Contempt Petitions — Service of Rules
A claimant must mail or deliver the claim to the estate's legal representative and attorney of record, unless waived or consent is given in writing.
The claimant shall mail or deliver his claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or his attorney waives, in writing, the mailing or delivery of a copy of the claim or consents in writing to the allowance of the claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
The claimant must file proof of mailing or delivery, or a waiver, with the clerk within 10 days after filing the claim.
The claimant shall file with the Clerk of the Court proof of mailing or delivery of the claim, or waiver thereof, within 10 days after filing the claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
For a contested claim, the court must order at least 10 days' regular-mail notice to the claimant before the hearing.
the court shall order at least ten (10) days notice to be given by regular mail to the claimant by the legal representative, the attorney for the estate, or the Clerk of the Court, as the court may direct.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE
A counterclaim copy must be delivered or mailed by ordinary mail to the counterdefendant and the counterdefendant's attorney, and the hearing must be held at least 30 days afterward unless the delivery and 30-day period are waived in writing.
If a counterclaim is filed, a copy shall be delivered or mailed by ordinary mail to the counterdefendant and his attorney. A hearing on the counterclaim shall not be held less than 30 days after mailing or delivery of the counterclaim unless the counterdefendant or his attorney waives in writing the delivery or mailing and 30 day period.
Page 61 | When Counterclaim Filed
Notice of a final or binding account hearing, accompanied by a copy of the account, must be given in person or mailed to the last known address at least 10 days before the hearing, or at least 14 days before the hearing for addresses outside the United States or Canada.
Notice to all other persons entitled to notice shall be given as follows: i. Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 10 days before the hearing except if the post office address of the person is outside of the United States or Canada, the notice shall be sent not less than 14 days prior to the hearing.
Page 62 | Notice of Accounting
When a person's name or current post office address is unknown to the representative's attorney, notice must be published once in a newspaper of general circulation at least 14 days before the hearing unless the court waives notice.
If the name or present post office address of the person is not known to the representative of his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the date of the hearing, unless waived by the court.
Page 63 | 11.11 Notice
When an estate petition seeks an extension for other reasons, the court must set it for hearing and the clerk must mail hearing notice to interested estate persons, including unpaid creditors, at least 14 days before the hearing.
If the petition seeks an extension for any other reasons, the court shall set the petition for hearing and the clerk shall mail notice of the hearing to all persons interested in the administration of the estate, including all unpaid creditors, said notice to be mailed at least 14 days before the hearing date.
Page 65 | Estate accounting and extension procedure
When there is no surviving spouse or next of kin entitled to recover, notice of the settlement petition and hearing must be given to the persons specified by the Wrongful Death Act, including service providers whose payment is not shown.
(c) Notice of Hearing. If the decedent left no surviving spouse or next of kin entitled to recover, notice of the filing of a petition for settlement under the Wrongful Death Act and of the hearing thereon shall be given by the representative or his attorney to the persons named in paragraphs (a), (b), and (c) of Section 2 of that Act, including persons furnishing hospital, medical or funeral services for the decedent, unless persons payment for the payment for the services is shown.
Page 67 | 11.14(c) SETTLEMENT OF PERSONAL INJURY OR DEATH ACTION
At least 10 days' notice of the settlement hearing must be given to the surviving spouse and any next of kin who have not consented in writing.
(c) Notice of Hearing. At least 10 days notice of the hearing on the petition for the appointment and distribution of the proceeds of the settlement of an action for the death of a decedent shall be given to the surviving spouse and any next of kin who have not consented thereto in writing.
Page 67 | 11.14(c) SETTLEMENT OF PERSONAL INJURY OR DEATH ACTION
Before presenting a petition for an order directing payment of court-deposited money by the county treasurer, notice must be given to the State's Attorney, the former representative and attorney, and all other persons entitled to notice under the proceeding's order.
(a) Notice Required. Before a petition is presented for an order directing the county treasurer to pay money deposited by order of court, notice shall be given to: 1) the State's Attorney 2) the former representative and his attorney; and 3) all other persons entitled to notice under any order entered in the proceeding.
Page 68 | 11.15(a) WITHDRAWAL OF FUNDS DEPOSITED WITH COUNTY TREASURER
The mediation notice form must accompany and be served with the summons on defendant borrowers, with proof of service provided in the same manner as the summons.
The Clerk shall furthermore provide a form, to be included with the summons, notifying the defendant borrowers of the mandatory mediation program, which form must be served upon the defendants with the summons and evidenced by a proof of service the same as the summons.
Page 72 | 12.3(b) MEDIATION PROCEDURE
Documents requiring personal service to confer jurisdiction must be served conventionally and may not be served electronically.
Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically, but must be served in the conventional manner.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Electronic service must comply with Supreme Court Rule 12, is complete at the vendor-posted transmission time, and has the same legal effect as personal service.
E-service shall be made in accordance with Supreme Court Rule 12, and shall be deemed complete at the posted date and time of transmission listed by the E- service vendor. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Documents must be served on parties who are not registered for e-filing or e-service in the manner provided by order, rule, or statute.
Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Notice of a witness objection must be given to the requestor, court media liaison, all counsel of record, and parties appearing without counsel.
5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 9 | OBJECTION OF WITNESS TO REQUEST FOR EXTENDED MEDIA COVERAGE OF TESTIMONY
The Jury Commission or Chief Judge must cause jury summonses to be served on all grand and petit jurors at least 30 days before service begins, and may serve them by prepaid U.S. Mail to voter-registration addresses.
(c) Jury Summons. The Jury Commission or Chief Judge shall issue and cause to be served a jury summons on all Grand Jurors and Petit Jurors at least thirty (30) days prior to the first day of service. Jury summons may be served by U.S. Mail, postage prepaid, to the address as listed in the voter registration files.
Page 18 | 1.13 JURORS, TERMS OF SERVICE, SUMMONS AND EXCUSE
When the clerk issues the required citation, the clerk must mail notice of the citation proceeding and its return date to all interested estate persons, including unpaid creditors.
At the time of the issuance of a citation required by this rule, the clerk shall mail notices of the pendency of the citation proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 65 | 11.12(d) Periodic Accounting Not Filed-Notice and Citation
If a periodic estate account is not timely filed, the clerk must mail the attorneys of record a notice that the account is due.
The Clerk shall mail to the attorneys of record in the estate a notice that the account is due.
Page 65 | 11.12(d) Periodic Accounting Not Filed-Notice and Citation
Electronic service cannot confer jurisdiction when personal service is required by law.
However, E-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.
Page 78 | 13.4 DEFINITIONS
A copy of the plaintiff’s pretrial memorandum must be mailed to opposing counsel at least five days before the pretrial conference.
NOTE: The pre-trial conference must be attended by the attorney who will try the case. One copy of this memorandum shall be submitted to the court and one copy mailed to opposing counsel at least five (5) days prior to the conference. Please refer to Rule 3.6(c) of the Rules of Practice, 13th Judicial Circuit, concerning the requirements of a Summary Statement of Points and Authorities.
Page 83 | APPENDIX A. PLAINTIFF'S PRETRIAL MEMORANDUM (See Rule 3.6)
An extended media coverage request must include notice to the court media liaison, counsel of record, and parties appearing without counsel.
Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.
Page 7 | Appendix A
An objection to extended media coverage must include notice to the requestor, court media liaison, counsel of record, and parties appearing without counsel.
Proper notice has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 8 | Appendix B
For a hearing within 60 days after filing a family-law petition, the court may require a party's appearance by serving a notice to appear.
In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear.
Page 31 | 8.02 NOTICE
Proof of service for the petition, Financial Affidavit, and notice of hearing must be filed at least 14 days before the hearing.
Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen (14) days prior to the hearing.
Page 35 | 8.06(d) Post-Judgment Proceedings
A responding party must file the same Financial Affidavit and documentary evidence, together with proof of service, at least 7 days before the hearing.
The responding party shall file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
Page 35 | 8.06(d) Post-Judgment Proceedings
Filing Fees and Waivers
The Clerk may not file a pleading unless it is accompanied by the applicable filing fee.
Clerk's file mark. The Clerk shall not file a pleading unless accompanied by the proper filing fee, if any.
Page 15
The legally required fee must be paid when the supplemental-proceedings petition is filed.
The fee required by law shall be paid at the time of filing the petition.
Page 57 | 11.2 SUPPLEMENTAL PROCEEDINGS
A petitioner or claimant seeking a jury trial must file a jury demand with the clerk and pay the required fee when filing the petition or claim.
A petitioner or claimant desirous of a trial by jury pursuant to Section 8-1, 11a-11, 16-3 and 18-6 of the Probate Act of 1975, or any other section, must file a jury demand with the clerk and pay the fee as required by law at the time he files his petition or claim.
Page 66 | 11.13(a) Procedure When Jury Demanded
An opposing representative or other interested party seeking a jury trial must file a jury demand and pay the fee when filing the answer or another responsive pleading.
A representative or other party in interest opposing the petition or claim or desirous of a trial by jury must file a jury demand and pay the fee at the time he files his answer or other responsive pleading.
Page 66 | 11.13(a) Procedure When Jury Demanded
Effective March 1, 2014, plaintiffs in all foreclosure cases must pay an additional $150 filing fee for the mandatory foreclosure mediation program.
Effective March 1, 2014, the filing fee paid by plaintiffs in all foreclosure cases shall increase by $150. The additional $150 filing fee shall be placed in a fund for this mandatory foreclosure mediation program subject to disbursement by the Chief Judge in accordance with this Rule which program shall also begin on that date.
Page 75 | Mandatory Residential Foreclosure Mediation
Statutory filing fees required for valid filing must be paid through the EFM unless waived.
The payment of statutory filing fees to the Clerk of the Court in order to achieve valid filing status, unless otherwise waived, shall be as authorized through the EFM.
Page 81 | 13.14 COLLECTION OF FEES
Payment of required fees is stayed when an electronic filing includes a Supreme Court Rule 298 fee-waiver request until the court rules.
When the electronic filing includes a request for waiver of court fees pursuant to Supreme Court Rule 298, payment of the requisite fees shall be stayed until the court rules on the petition.
Page 81 | 13.14 COLLECTION OF FEES
If the requesting petitioner or claimant later waives a jury, the opposing party may obtain a jury trial by promptly demanding it after receiving notice of the waiver and paying the fee.
If the petitioner or claimant files a jury demand and thereafter waives jury, the opposing party will be granted a jury trial upon demand promptly made after being advised of the waiver and upon payment of the fee.
Page 66 | 11.13(a) Procedure When Jury Demanded
A previously paid jury fee is nonrefundable if the party later waives a jury.
The jury fee, once paid, shall not be reimbursed upon a subsequent waiver of jury.
Page 66 | 11.13(a) Procedure When Jury Demanded
No filing fee is charged for an extended media coverage request.
(i) There shall be no filing fees associated with filing a request for extended media coverage or an objection to extended media coverage.
Page 3 | 3.0 General
Courtesy Copy Requirements
Documents customarily provided to the court must continue to include courtesy copies in e-filing cases unless a court order states otherwise.
Courtesy copies of documents customarily required to be provided to the Court shall continue to be required in E-file cases, absent a specific court order to the contrary.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Sealing & Redaction Procedures
An original Qualified Domestic Relations Order containing social security numbers must be impounded by the Circuit Clerk and may be opened only by court order.
1) Any original Qualified Domestic Relations Order filed in divorce files in the Thirteenth Judicial Circuit which contain social security numbers shall be impounded by the Circuit Clerk, only to be opened by order of the court.
Page 15
Social security numbers in pleadings, attachments, orders, exhibits, and other documents filed in the court file or open court must be redacted so that only the last four digits remain visible, subject to the stated exceptions.
(d) Redaction of Social Security Numbers. An individual’s social security number which appears in any pleading, attachment to pleading, order, exhibit, or other document filed in the court file or filed in open court shall be redacted so only the last four digits are visible with the following exceptions:
Page 15
The Child Support Data Sheet attached as an exhibit to the Uniform Order of Support may contain social security numbers, must be impounded by the Circuit Clerk, and must be used for child support enforcement according to law.
2) The “Child Support Data Sheet”, attached as an Exhibit to the Uniform Order of Support, shall contain social security numbers and be impounded by the Circuit Clerk and used for child support enforcement according to law.
Page 15
The filing party or counsel must prevent electronically filed documents and exhibits from disclosing sealed, impounded, expunged, or otherwise private information; the Clerk has no duty to review, redact, or screen filings.
It is the responsibility of the filing party or counsel to insure that documents or exhibits filed electronically do not disclose previously or statutorily impounded or sealed information or private information as defined in Supreme Court Rules 15 and 138. The Clerk is not responsible for the content of filed documents and has no obligation to review, redact or screen any expunged, sealed or impounded information.
Page 79 | 13.9 PRIVACY ISSUES
Filing Bundling Requirements
The party or attorney seeking to affect marital status must present the listed prove-up materials as a single package before testimony begins and within the judge’s established timeframe.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the prove-up judge, in a single package, prior to the commencement of testimony in the timeframe to be established by the individual judge the following:
Page 32 | 8.03 PROVE-UPS IN DISSOLUTION CASES
The party seeking to affect marital status, or that party's attorney, must present the required documents to the trial judge in a single package.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the trial Judge, in a single package, the documents as set forth in 8.03 of these rules.
Page 33 | 8.05 JUDGMENTS FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION OR DECLARATION OF INVALIDITY
Adjournment & Extension Requirements
A personal representative must request an extension of an accounting deadline by verified petition stating the reasons, and the petition may be heard without notice for an unnecessary annual accounting, a faultless estate-related reason, the stated pending-tax and estate-payment conditions, or other good cause.
Requests for an extension of time to a definite date or for an order allowing accounting in a particular estate less frequently than above provided shall be filed by verified petition of the personal representative specifying the reasons for the request. The petition may be heard without notice if it requests an extension: 1) in any case in which it appears from the record that an annual accounting is not necessary; 2) for any reason which is apparent from the record of the estate and which exists without fault of the petitioner; 3) because of succession, tax has not been determined, and the petition states that the return was filed or will be filed within the time required by law, and that the other obligations of the estate have been paid, and that distribution has been made to the extent possible consistent with the responsibilities of the personal representative; or 4) for other good cause
Page 64 | 11.12(c) Requests for Extension of Time to File
Chambers Communication Rules
The court provides a telephone contact for general questions and inquiries.
General Questions & Inquiries Call 815-434-8271
Page 1 | General Questions & Inquiries
The court provides an email contact for general questions and inquiries.
General Questions & Inquiries Call 815-434-8271 Email Us
Page 1 | General Questions & Inquiries