Circuit Court of LaSalle County, Illinois (13th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Judgment for dissolution of marriage

A Judgment for Dissolution of Marriage must be included in the prove-up package.

1) Judgment for Dissolution of Marriage

CRITICAL

Applies to

Motion for remote appearance

Unless a standing order or case-specific exception applies, permission to appear remotely under Supreme Court Rule 45(c) or (d) must be requested by a written motion that is filed, scheduled, and served under Circuit Court Rules 2.1(a) and 2.1(c).

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).

CRITICAL

Applies to

Final pretrial stipulation

All documents intended as rebuttal evidence or for impeachment must be listed.

ALL DOCUMENTS THAT ARE INTENDED TO BE OFFERED AS REBUTTAL EVIDENCE OR IMPEACHMENT PURPOSES NEED TO BE LISTED.

CRITICAL

Applies to

Guardian account

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.

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.

CRITICAL

Applies to

Pleading

Must include

case number

Every pleading must include the cause entitlement and case number.

All pleadings shall include a cause entitlement and number

CRITICAL

Applies to

Financial affidavit

A responding party must file the prescribed Financial Affidavit and documentary evidence when filing the responsive pleading.

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.

CRITICAL

Applies to

Petition for adjudication

An indirect criminal contempt proceeding must be initiated by a verified petition that particularly describes the alleged contemptuous conduct.

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.

CRITICAL

Applies to

Affidavit of amount due

The affidavit must include a calculation of the amounts paid by the respondent through the stated date.

A calculation of the amounts paid by Respondent through ____, 20____ is as follows:

CRITICAL

Applies to

Release of information

The parties must execute and provide a release concerning their participation in the Parenting Education Program to the court and attorneys.

(e) The parties are required to execute a release of information as to participation in the Program to the Court and Attorneys.

CRITICAL

Applies to

Verified schedule of property

When directed by the court, sureties must execute and file verified schedules of property for bonds with personal sureties.

(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.

CRITICAL

Applies to

Final pretrial stipulation

Petitioner and Respondent must list all exhibits, including financial documents and appraisals, expected to be offered during their cases in chief.

Petitioner and Respondent shall list all exhibits including financials and appraisals expected to be offered in evidence during their case in chief.

CRITICAL

Applies to

Affidavit of amount due

In Rule to Show Cause proceedings involving delinquent child support, an Affidavit of Amount Due must be filed contemporaneously with the petition.

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.

CRITICAL

Applies to

Consent judgment

An agreed attorney-fee order or consent judgment may be entered only after subparagraph (a) is satisfied and the client appears in open court and knowingly waives the right to a hearing and separate representation.

(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.

CRITICAL

Applies to

Final pretrial stipulation

Each party must attach a written list of all persons who have knowledge of the relevant facts.

Each party shall attach a written list of all persons having knowledge of relevant facts.

CRITICAL

Applies to

Petition for leave to settle

Must include

local rule certificate

The attorney must include a written certification in a petition for leave to settle that the proposed settlement is just and proper.

(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.

CRITICAL

Applies to

Certificate of completion of parenting class

A certificate of completion of the parenting class must be included in the prove-up package.

5) Certificate of completion of Parenting Class.

CRITICAL

Applies to

Summonses notices or court orders setting court dates

Summonses, notices, and court orders setting dates for proceedings with a remote-appearance option must include the Zoom link or access instructions, dial-in information, and the courthouse address and courtroom number.

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.

CRITICAL

Applies to

Financial affidavit

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.

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)).

CRITICAL

Applies to

Affidavit of amount due

The affidavit must be signed and sworn before a notary public.

Signed and Sworn to before me this ____ day of ____, 20____

CRITICAL

Applies to

Signed original of written party agreement

The signed original of any written party agreement that will be testified to, received in evidence, and incorporated into the dissolution judgment must be included in the prove-up package.

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

CRITICAL

Applies to

Final pretrial stipulation

Exhibits not listed in the final pretrial stipulation will not be admitted absent a showing of good cause.

(Those not listed will not be admitted without good cause shown.)

CRITICAL

Applies to

Petition to withdraw ward funds

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.

(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.

CRITICAL

Applies to

Financial affidavit

In proceedings involving disputes over property, debts, maintenance, or child support, each party must file the required Financial Affidavit with supporting documentary evidence.

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)).

CRITICAL

Applies to

Allocation judgment

When minor children are involved, the prove-up package must include a fully completed Allocation Judgment allocating parental responsibilities and parenting time and signed by each party.

3) Allocation Judgment allocating parental responsibilities and parenting time, fully completed and signed by each party (if minor children).

CRITICAL

Applies to

Notice of hearing

The hearing notice must state the hearing's time, date, place, and nature in substantially the prescribed language.

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."

CRITICAL

Applies to

Mediation notice

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.

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.

CRITICAL

Applies to

Petition for settlement

A settlement for a minor or disabled adult requires the attending physician's or surgeon's statement, filed with the petition, describing the injury and current medical condition.

(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.

CRITICAL

Applies to

Notice

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.

(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.

CRITICAL

Applies to

Estate application

Must include

proposed order

The estate application must include or attach a copy of the hearing judge's order.

The application shall have incorporated in, or attached thereto, a copy of the order of the hearing judge.

CRITICAL

Applies to

Written judgment order

After adjudicating contempt, the court must enter a written judgment order stating the factual basis for the finding and specifying the sanctions.

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.

CRITICAL

Applies to

Final judgment

A final judgment may not be entered until the court receives a certificate confirming that both parties completed the Parenting Education Program.

(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.

CRITICAL

Applies to

Affidavit of amount due

The affidavit must state the balance due through the specified date.

Balance due through ____, 20____.

CRITICAL

Applies to

Financial affidavit

In post-judgment proceedings involving financial matters other than judgment enforcement, the moving party must file a Financial Affidavit with supporting documentary evidence when filing the motion or 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)).

CRITICAL

Applies to

Expense request

An attorney seeking reimbursement for expenses beyond the fee must provide an affidavit certifying that the expenses are reasonable, necessary, and proper.

(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.

CRITICAL

Applies to

Uniform order for support and child support data sheet

Each party must fully complete and sign the Uniform Order for Support and Child Support Data Sheet, with statutory child support calculations attached, if there are minor children and/or children who are 18 but have not graduated high school.

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.

CRITICAL

Applies to

Final pretrial stipulation

Each party must state the specific relief requested and the facts supporting the party's position.

Each party must set forth a statement of Specific Relief requested upon the facts supporting their position.

CRITICAL

Applies to

Certificate of dissolution

A fully completed Certificate of Dissolution must be included in the prove-up package.

6) Fully completed Certificate of Dissolution

CRITICAL

Applies to

Final pretrial stipulation

The opposing party must state exhibit objections in writing and specify the grounds for objection.

Objections by opposing party must be made in writing (stating specific grounds.)

CRITICAL

Applies to

Trial brief

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.

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.

CRITICAL

Applies to

Affidavit

An attorney who represents an attorney-in-fact but not the estate must file an affidavit affirming proper supervision of the attorney-in-fact’s fund distribution.

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.

CRITICAL

Applies to

Affidavit of amount due

The affidavit must include a calculation of all amounts coming due through the stated date.

A calculation of all amounts coming due through ____, 20____ is as follows:

WARNING

Applies to

Minor settlement proceeding

Unless the court waives the requirement, a minor must appear in open court for the settlement proceeding.

Unless waived, the minor shall appear in open court.

WARNING

Applies to

Petition

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:

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:

WARNING

Applies to

Mediation referral form

The mediation referral form must address protective or restraining orders and indicate that copies are attached when applicable.

☐ 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.

WARNING

Applies to

Mediation referral form

The mediation referral form must identify the requested mediator and provide deadlines for contacting the mediator and completing mediation.

Mediation is requested for the following: Name / Address/ Phone of Mediator Deadline for contacting mediator: Deadline for completing mediation:

WARNING

Applies to

Petition

A foreign representative or attorney-in-fact must present the court-prescribed petition for leave to receive a foreign distributee's share.

The foreign representative or attorney-in-fact shall present his petition for leave to receive the share in the form prescribed by the court.

INFO

Applies to

Notice to appear

A notice to appear may also require the noticed party to produce income-related documents at the hearing.

This notice also may require the production of documents at the hearing relating to the income of the party so noticed.