Circuit Court of Stark County, Illinois (10th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
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Document Format Requirements13 rules
Documents presented to the clerk for filing must be letter-sized, flat, unfolded, and without color backs.
- Paper size
- Letter
- Filed document
Court's wording
(b) The files in the circuit clerk's office in all cases or proceedings shall be kept under the system known as "flat filing" and all documents of every kind and character presented to the clerk for filing shall be 8-1/2 X 11" in size flat, unfolded and without color backs.
All answers to written discovery requests shall be prepared so that the documents being responded to immediately precede the answer.
- Discovery response
Formatting
- •The documents being responded to must immediately precede the answer
The mediation report must use the mandatory form.
- Mediation report
Formatting
- •Use the mandatory form
Court's wording
(c) Within 10 (ten) days of completion or termination of mediation, the mediator shall file a report with the clerk of the court, using the mandatory form, and send a copy to each attorney of record or pro se litigant and to the judicial coordinator.
Each petition for admission of a will to probate or for letters of administration shall be filed substantially in the form prescribed by the court and furnished by the clerk.
A required bond must be in the form prescribed by the court and furnished by the clerk.
Court's wording
Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be m form prescribed by the court and furnished by the clerk filed with the Clerk of the Court and shall be conditioned upon the payment and delivery of the distributive share to the distributee.
Such representative or attorney-in-fact shall present ..flk_his petition for leave to receive in the form prescribed by the court and furnished by the clerk with the Clerk o(the Court.
A power of attorney or assignment must be signed and authenticated and acknowledged before the specified American Counsel unless the court accepts other evidence of its validity.
Court's wording
Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before the American Counsel of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence of the genuineness or validity of the power of attorney or assignment.
Each petition for admission of a will to probate or for letters of administration shall be filed substantially in the form prescribed by the court and furnished by the clerk with the Clerk of the Court.
The parties shall cooperate on the use of electronic format discovery responses.
The parties shall cooperate on the use of electronic format discovery requests.
The forms for all probate courts of the 10th Judicial Circuit, to the extent possible, shall be uniform.
However, a party shall not bind the brief on the left side or include a cover.
- Brief
Formatting
- •Do not include a cover
In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.
Document Filing Requirements94 rules
The circuit clerk must assign a general number and endorse it on filed documents; pending actions and proceedings retain their previously assigned numbers.
Court's wording
(a) When an action or proceeding is commenced, the circuit clerk shall give the filing a general number which shall be endorsed on all pleadings, notices, orders, and other documents filed therein. Such numbering shall indicate the year in which such action or proceeding was commenced, the case identification prescribed by the Administrative Office of the Illinois Courts, and its consecutive general number. Pending actions or proceedings shall continue under the numbers heretofore assigned.
A party or attorney must file a written appearance in every case; it may be incorporated into another filing and must identify the party and include the specified contact and attorney information.
Court's wording
(a) Written appearances. A written appearance shall be filed in every case by a party or an attorney provided that the appearance may be incorporated in the document being filed. The appearance shall contain the name of the attorney, firm name, if any, address, phone number, email address, facsimile number, ARDC number of the attorney filling the appearance, and shall identify the party(s) for whom the appearance is being filed. A party representing himself shall file a written appearance and include name, address, phone number, and email address.
All subsequent filings shall comply with this rule.
The notice shall be made on a document separate from any motions presented.
Except for actions on the daily trial call, during trial, or as provided by statute, written notice stating the hearing time, date, and place is required for all motions.
Court's wording
(a) Notice required. Except in actions appearing on the daily trial call or during the course of trial, or as provided by statute, written notice of the hearing of all motions giving time, date and place of hearing, shall be given to all parties who have appeared and who have not been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.
A motion-hearing notice must state the action title and number, court, complete motion title, motion filing date, prior or concurrent service date, and any reserved hearing time if applicable.
Court's wording
(b) Content of notice. The notice of hearing shall include: (1) the title and number of the action, (2) the court in which the motion shall be heard, (3) the complete title of the motion, (4) the date of filing of the motion, (5) the date when the motion was previously served or that the motion is being served with the notice, and, (6) if applicable, the amount of court time reserved for hearing on the motion(s).
If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.
When an emergency or legally ex parte motion is heard or granted without prior notice, the written hearing notice must contain the specified information and be served on the specified parties, except for the stated protection-order proceedings.
- Document
- Notice of hearing
Must include
- •Judge name
Court's wording
Other than proceedings for an ex parte order of protection under the Illinois Domestic Violence Act, if an emergency motion or a motion which by law may be made ex parte is heard or an order is entered without prior notice under this rule, written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon, shall be served by the attorney obtaining the order upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of the hearing, and proof of service thereof shall be filed with the clerk within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rule 11.
A money judgment may be satisfied by the court upon written motion stating:
The signing of a notice of hearing or notice of deposition shall constitute the party’s certification of compliance with this rule.
In other civil cases, except domestic relations cases with a notice form under 10th Cir. R. 44, the clerk must affix the specified case-management-conference notice.
Court's wording
In all other civil cases (excepting domestic relations court cases where a notice form is provided for in 10th Cir. R. 44), the circuit clerk shall affix the following information: THIS CASE IS SET FOR A CASE MANAGEMENT CONFERENCE ON , 20 , AT A.M./P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. IF A DEFENDANT ANSWERS MORE THAN 35 DAYS BEFORE THIS DATE, THEN THE PARTIES SHALL SCHEDULE A CASE MANAGEMENT CONFERENCE WITHIN 35 DAYS OF THE DATE THE ANSWER IS FILED.
The motion must state the judgment amount and the creditor’s unavailability or failure to provide satisfaction, and include that notice was mailed to the creditor and attorney.
Court's wording
(1) The amount, stating the judgment balance, the accrued interest, and costs; (2) That after the exercise of due diligence that judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due; and (3) The notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.
Not later than 30 days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate, designating the property within his possession or control.
A disqualified receiver may be appointed in the estate’s best interests only by an order that specifically states the reasons for the departure.
Court's wording
(b) Exception. If the court is satisfied that the best interests of the estate would be served, an individual or corporation otherwise disqualified under Section (a) of this rule may be appointed as receiver by an order specifically setting forth the reasons for departing from the general rule.
Application. An attorney for the receiver shall be employed only upon order of the court, upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.
A motion requesting that sureties justify must include an affidavit stating the grounds for believing them insufficient, the inquiry made, and the facts found; the court may then order justification or a new bond.
Court's wording
Any person assured by a bond executed in this court may by motion request the sureties to justify. The motion shall be accompanied by an affidavit showing grounds for believing the sureties to be insufficient, the manner of inquiry, and the facts ascertained. If the court finds the affiant’s belief is well-founded, it may order that either the sureties shall justify within a time specified or a new bond be furnished with sufficient sureties.
Bonds with corporation or association licensed to transact surety business in the State of Illinois as surety will be approved only if the surety has filed with the clerk of the court a certified copy of the license issued to the surety by the Director of Insurance.
In covered cases involving economic issues, all parties must file a mandatory-form financial affidavit.
Court's wording
In any case filed pursuant to the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act wherein economic issues arise, a mandatory form financial affidavit shall be filed by all parties.
If a party is seeking support for a non-minor child, that party shall also file a financial affidavit on behalf of the non-minor child.
The circuit clerk must attach the specified case-management notice to the petition and all copies of it.
Court's wording
The circuit clerk is to attach the following notice to the petition and all copies of the petition: THE CASE MANAGEMENT CONFERENCE IS SET FOR , 20 AT A.M. / P.M. IN COURTROOM OF THE COUNTY COURTHOUSE. FAILURE TO ATTEND MAY RESULT IN A DEFAULT JUDGMENT AGAINST YOU FOR THE RELIEF SOUGHT. ALL PARTIES MUST COMPLETE OR ENROLL IN AN APPROVED PARENT EDUCATION PROGRAM BY THE CASE MANAGEMENT DATE.
A pleading involving a child custody proceeding must indicate in capital letters, under the title of the pleading, the following language: CHILD CUSTODY PROCEEDING.
- Document
- Pleading
Must include
- •CHILD CUSTODY PROCEEDING
In covered failure-to-pay proceedings, the petitioner must file the mandatory-form Affidavit of Amount Due on Order to Show Cause.
Court's wording
In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition.
The circuit clerk shall attach the Approved Parent Education Notice to each case management conference notice.
(c) Prior to the commencement of mediation, all participants in the mediation shall sign a confidentiality agreement prescribed by these rules.
10. Advise each party that children may be allowed to participate in mediation so long as all parties and the mediator consent to said participation in writing. If a guardian ad litem, child representative, or attorney for the child has been appointed, that person must agree in writing.
(b) When an agreement or partial agreement is reached by the parties during mediation, the mediator shall provide a written account of the agreements to the parties and their attorneys (if any), but the mediator shall not provide this written account to the court.
A guardian ad litem, attorney for a child, and a child representative must cooperate with statistical reporting that may be required.
Attorneys must submit certification of the required continuing-education courses to the chief circuit judge or judicial coordinator.
Court's wording
The attorney shall complete 5 (five) hours of the aforesaid continuing education within two (2) years from initial placement upon the approved 10th Judicial Circuit list and submit certification of the courses to the chief circuit judge or judicial coordinator.
When no probate or administration petition has been filed, a petition to determine heirship or dependency must include the specified petitioner, decedent, death, and heir information.
Court's wording
When no petition has been filed for admission of a will to probate or for letters of administration, a person desiring to obtain an ascertainment and declaration of heirship or dependency shall file a petition stating: (1) the name and address of petitioner and his attorney; (2) the name and place of residence of the decedent at the time of his death; (3) the time and place of death: (4) the names and post office addresses of his heirs and the fact as to whether any of them is a minor or incompetent.
Proposed written interrogatories shall be filed prior to the hearing.
Each executor, administrator or guardian shall file his address with the clerk at the time of subscribing his oath and shall record with the clerk any changes in his address taking place during the period of administration.
Each inventory description of a cause of action must identify the person and nature of the claim and, if suit has been filed, the suit, court, and general number.
Court's wording
The description of each cause of action shall include the name of the person against whom the cause of action exists or is asserted, the nature of the cause of action and, if suit has been instituted, the title of the suit, the name of the court in which it is pending, and the general number.
Each claim that is founded upon a written instrument shall be accompanied by a copy of the written instrument. Unless the original is lost or destroyed, it shall be exhibited to the court at the hearing.
Note descriptions in the inventory must include the specified balance, dates, maker, interest information, endorsements, and any security description.
Court's wording
Descriptions of notes shall include the face amount and unpaid balance, the date of note, the date of maturity, the name of the maker, the rate of interest, the date to which interest is paid, the endorsements, if any and if secured, a description of the security.
(a) The inventory shall include the legal description of each parcel of real estate, and the street and number, if any.
Descriptions of certificates of stock shall include the number of shares and class of shares and the exact corporate title.
If the claim is allowed, a notation of the allowance shall be made on the original instrument.
Bond descriptions in the inventory must include the specified value, obligor, bond terms, interest information, and any endorsements.
Court's wording
Descriptions of bonds shall include the total face value, the name of the obligor, the kind of bond, the rate of interest, the date of maturity, the coupons attached or the date to which interest is paid and the endorsements, if any.
If the representative or attorney-in-fact cannot deliver the share within the ninety-day period or a timely court-granted extension, the share must be deposited with the county treasurer and the deposit receipt or voucher must be produced and filed with the court.
Court's wording
In the event of the failure, refusal or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the distributee lawfully entitled thereto within said ninety days (or any extension thereof granted by the court during the said ninety day period), the distributive share shall be deposited with the county treasurer subject to the further order of the court and presentation of voucher or receipt of the county treasurer evidencing the deposit of said distributive share shall be produced and filed in the court by the representative or attorney-in-fact, whereupon he shall be discharged from further duty.
When such petition is allowed by the court, an order in conformity therewith shall be entered.
Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before the American Counsel of the jurisdiction in which the foreign distributee resides, unless the court shall be satisfied with the other evidence of the genuineness or validity of the power of attorney or assignment.
Such representative or attorney-in-fact shall present his petition for leave to receive in the form prescribed by the court and furnished by the clerk.
Unless excused by the court, such representative or attorney-in-fact shall furnish suitable bond with sureties, in an amount to be fixed by the court, which bond shall be in form prescribed by the court and furnished by the clerk and shall be conditioned upon the payment and delivery of the distributive share to the distributee.
A representative, attorney-in-fact, or assignee must present satisfactory evidence that the principal is entitled to the distribution and that the recipient is authorized to receive it.
Court's wording
Such representative or attorney-in-fact or assignee shall present satisfactory evidence to the court that his principal is, in fact, the person entitled to receive such distributive share and that such representative or attorney-in-fact or assignee has been duly authorized, by treaty or power of attorney or assignment, to receive said distributive share.
Such representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the legal representative, and he shall certify on said receipt that his authority to receive the distributive share has not been revoked. The legal representative shall file said receipt and certificate with his vouchers.
Authority to distribute an estate share before six months after letters issue is granted only after the inventory is filed, a current account is approved and filed, and accrued costs are paid.
Court's wording
Authority under Section 24-4(a) of the Probate Act to an executor or administrator to pay all or part of the distributive share to a distributee before the expiration of six months after the issuance of letters will be granted only after the filing of the inventory, the approval and filing of a current account, and the payment of all accrued costs.
Evidence shall be presented to the court that all allowed claims have been paid or that there is sufficient money on hand to pay all claims against the estate and to warrant distribution.
Each administrator’s or executor’s account shall state any change in the identity of the parties entitled to a distributive share of the estate which change has occurred and has not theretofore been reported to the court.
Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.
The refunding bond shall be in the form prescribed by the court and furnished by the clerk.
The notice must state the hearing’s time, place, and nature, and substantially include the prescribed warning about the account being binding.
Court's wording
The notice shall contain the time, place and nature of the hearing and substantially the following sentence: “If the account is approved by the court upon the hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”
A demand on an executor, administrator, or guardian to pay money or deliver property must be made in writing.
Court's wording
Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing
Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.
Except where the distributive share of a minor or a disabled adult qualifies for distribution under paragraph 25-2 of the Probate Act, distribution will be authorized only to the legal representative of such persons.
If an heir at law of an intestate or legatee of a testate estate shall be a minor or shall die or be adjudicated a disabled adult, such fact shall be set forth in any petition requesting authority to make distribution.
A final estate account must be verified and include statements or receipts addressing court costs, claims, and assessed Illinois and federal estate taxes.
Court's wording
No final account of any estate shall be approved unless it shall be verified and shall include: (1) A statement that all court costs have been paid. (2) A statement that all claims filed have been allowed or dismissed, together with a list of claims allowed and not yet shown paid of record. (3) Receipts of claimants showing paid claims which have been allowed. (4) A statement that Illinois Estate Tax which has been assessed has been paid or adequate provision has been made for its payment. (5) A statement that Federal Estate Tax which has been assessed has been paid or adequate provision has been made for its payment.
A petition for leave to settle the specified personal-injury or wrongful-death claims must be executed by the legal representative or another interested person.
Court's wording
Each petition for leave to settle a cause of action for personal injuries sustained by a ward or a cause of action for the wrongful death of a person whose estate is in the course of administration shall be executed by the legal representative or any other interested person.
Filing & Service rules
Electronic Filing Rules
Discovery responses and documents may not be filed with the clerk.
No discovery responses or documents shall be filed with the clerk.
Page 13 | Rule 25 Form of responses to written discovery requests
Discovery requests may not be filed with the clerk under this rule, which does not apply to criminal or juvenile delinquency proceedings.
No discovery requests shall be filed with the clerk. This rule does not apply to criminal or juvenile delinquency proceedings.
Page 13 | Rule 24 Form of written discovery requests
Electronic filing is prohibited until the circuit court adopts an electronic-filing procedure.
No filing may be in electronic format until the circuit court adopts such a procedure.
Page 33 | Rule 83 Actions seeking review from an administrative agency’s decision
The enumerated Illinois Supreme Court rules, orders, and standards governing e-filing are mandatory for use in the circuit.
The following rules, orders, and standards governing e-filing have been promulgated by the Supreme Court of Illinois and the provisions of which are mandatory for use in the 1oth Judicial Circuit:
Page 1 | Rule 17. E-Filing Rules for the lOth Judicial Circuit
Traffic, ordinance violation, conservation, and civil law violation case types cannot be filed electronically.
Quasi-criminal case types (Traffic, Ordinance Violation, Conservation, and Civil Law Violations) cannot be electronically filed.
Page 1 | Rule 17. E-Filing Rules for the lOth Judicial Circuit
Civil-case documents must be electronically filed with the clerk unless the Illinois Supreme Court exempts them.
Consistent with the Illinois Supreme Court Order M.R. 18368, as amended from time to time, and Illinois Supreme Court Rule 9, all documents in civil cases, unless exempted by the Illinois Supreme Court, must be electronically filed with the clerk of court.
Page 1 | Rule 17. E-Filing Rules for the lOth Judicial Circuit
The listed third parties must file electronically unless the Court allows an exemption for good cause shown.
Any and all third-parties, including, but not limited to, court reporters, Probation Departments, Sheriffs Departments, local municipalities, other units of government, mediators, guardian' s ad litem, receivers, child representatives, private process servers and respondents in garnishment proceedings, including but not limited to employers and financial institutions, are required to file electronically, unless an exemption is allowed by the Court for good cause shown.
Page 2 | Rule 17. E-Filing Rules for the lOth Judicial Circuit
Criminal and juvenile case documents may be filed electronically through eFileiL only after the case is initiated and assigned a case number.
Criminal and Juvenile case documents may be filed with the Court electronically through eFileiL, but this only applies to filings after the case has been initiated and assigned a case number.
Page 1 | Rule 17. E-Filing Rules for the lOth Judicial Circuit
Filing Timing and Cure Windows
A party who appears without service of summons must plead within the time applicable as if summons were served on the appearance date, unless the court orders another time.
(b) Time to plead. A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he appears or at such other time as the court may order.
Page 12 | GENERAL PRACTICE — PART 1 APPEARANCES AND DEFAULT, Rule 21(b)
A summary judgment motion may not be heard until 10 days after service of the notice of motion, unless the parties agree or the court previously orders otherwise.
(e) Summary judgment. Except by agreement or prior order of court, a motion for summary judgment will not be heard until 10 days after service of the notice of motion.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(e)
Notice of denial must follow paragraph (a), which requires proof of service to be filed with the clerk within 48 hours after the hearing.
If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.
Page 13 | Rule 23(b) Order upon denial
Proof of service of the required notice must be filed with the clerk within 48 hours after the hearing.
Other than proceedings for an ex parte order of protection under the Illinois Domestic Violence Act, if an emergency motion or a motion which by law may be made ex parte is heard or an order is entered without prior notice under this rule, written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon, shall be served by the attorney obtaining the order upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of the hearing, and proof of service thereof shall be filed with the clerk within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rule 11.
Page 13 | Rule 23(a) Notice after hearing
The receiver must file the inventory no later than 30 days after appointment.
Not later than 30 days after his appointment, the receiver shall file with the court a detailed report and inventory of all property, real or personal, of the estate, designating the property within his possession or control.
Page 15 | PART 6 RECEIVERS; Rule 34 Inventories of receivers
The receiver must file the first report with the inventory, additional reports annually, and a final report when the receivership ends; the court may order special reports.
(a) Time of filing. The receiver shall file his first report at the time of filing his inventory and additional reports annually thereafter. Special reports may be ordered by the court, and a final report shall be filed upon the termination of the receivership.
Page 16 | PART 6 RECEIVERS; Rule 36 Reports for receivers
Financial affidavits must be filed at least seven days before the hearing.
The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.
Page 17 | Rule 42 Financial affidavits and affidavits of amount due
The trial court judge must set the case management conference within 90 days after the initial filing and determines its date and time.
(b) The case management conference shall be set no later than 90 days after the initial filing on dates and times determined by the trial court judge.
Page 19
The mediator must file a report with the clerk within 10 days after mediation is completed or terminated.
(c) Within 10 (ten) days of completion or termination of mediation, the mediator shall file a report with the clerk of the court, using the mandatory form, and send a copy to each attorney of record or pro se litigant and to the judicial coordinator.
Page 24 | Rule 54 Ongoing mediation procedure, agreement, and final report
The initial address must be filed when the oath is subscribed, and address changes must be recorded during the administration.
Each executor, administrator or guardian shall file his address with the clerk at the time of subscribing his oath and shall record with the clerk any changes in his address taking place during the period of administration.
Page 26 | Rule 62 Filing of address by executor, administrator or guardian
Proposed written interrogatories must be filed before the hearing.
Proposed written interrogatories shall be filed prior to the hearing.
Page 26 | Rule 64 Deposition of witness to a will
Within ninety days, or an extension allowed by the court during that period, the representative or attorney-in-fact must present a compliance report and a receipt or voucher evidencing payment and delivery to the entitled distributee.
Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.
Page 28 | Rule 69 Attorneys-in-fact and representatives of foreign countries
Proof of notice must be filed with the clerk no later than the hearing date.
Proof of such notice shall be filed with the clerk of this court on or before the date of the hearing.
Page 30 | Rule 74(a)(5)
If written-accounting objections are filed, all other parties must answer or otherwise plead within the time fixed by the court.
(e) If objections to a written accounting are filed, within a time fixed by the court all other parties shall file answers or otherwise plead to the objections filed, thereby placing the cause at issue for a trial on the merits of the objections.
Page 33
A party may file written objections within the time fixed by the court, and objections not timely filed in writing are waived.
(d) Within a time fixed by the court, any party to an accounting action may file specific written objections to the form or substance of the accounting filed, requesting specific relief, such as, for example, a money judgment, an injunction, removal from office, or a more detailed statement of accounts. Any objections not reduced to writing and timely filed are waived.
Page 33
The representative or attorney-in-fact must present a compliance report and receipt or voucher evidencing payment and delivery within 90 days, subject to a court-allowed extension during that period.
Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.
Civil cases
Page 3 | Rule 69 Attorneys-in-fact and representatives of foreign countries
An executor, administrator, or guardian must file their address with the clerk when subscribing their oath.
Each executor, administrator or guardian shall file his address with the clerk at the time of subscribing his oath
Civil cases
Page 4 | Rule 62 Filing of address by executor, administrator or guardian
Proposed written interrogatories must be filed before the hearing.
Proposed written interrogatories shall be filed prior to the hearing.
Civil cases
Page 4 | Rule 64 Deposition ofwitness to a will
A party must file a reasoned written objection within three days of receiving notice, unless the court prescribes otherwise; the court may also allow an oral objection.
Any party that objects to extended media coverage shall file a written objection, stating the reasons, within three (3) days of receiving notice of the request. Objections may be made outside the three (3) day window as the court prescribes. The court may also allow oral objections.
Page 4 | G. Objections to Extended Media Coverage
Requests must be filed at least seven days before the proceeding begins, unless the court prescribes shorter notice or the proceeding was not scheduled that far in advance.
All requests for extended media coverage shall be filed with the circuit clerk at least seven (7) days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least seven (7) days in advance (for example, an initial appearance in a criminal proceeding or a temporary restraining order in a civil proceeding).
Page 4 | F. Request for Extended Media Coverage
Financial affidavits must be filed at least seven days before the hearing.
The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.
Civil cases
Page 2 | Rule 42. Financial Affidavit and Affidavits of Amount Due
All affidavits filed under this rule must be supplemented in a timely manner.
All affidavits filed herein shall be timely supplemented.
Civil cases
Page 2 | Rule 42. Financial Affidavit and Affidavits of Amount Due
The addendum must be on file at least seven days before any hearing.
The addendum must also be on file seven (7) days prior to any hearing.
Civil cases
Page 2 | Rule 42. Financial Affidavit and Affidavits of Amount Due
The panel must hold the complaint hearing within 160 days after the complaint is filed.
The hearing is to take place within 160 days of filing the complaint with the chief circuit judge at times and places designated by the panel.
Page 22 | Rule 50 Mediator-removal
The panel must mail its recommendation to the chief circuit judge within 45 days after the hearing.
The recommendation of the panel is to be mailed to the chief circuit judge within 45 days of the hearing.
Page 22 | Rule 50 Mediator-removal
Interested persons may propose cross-interrogatories at the hearing or within any additional time allowed by the court.
Any persons interested may propose cross-interrogatories at the time of the hearing or within such further time as the court shall allow
Page 26 | Rule 64 Deposition of witness to a will
The judge must hear and decide all party objections before the proceedings begin.
All party objections shall be heard and decided by the judge prior to the commencement of the proceedings.
Page 4 | G. Objections to Extended Media Coverage
A witness may object in writing or orally before testifying and as soon as practicable; specified witness objections will not be denied without good cause.
Witnesses may file a written objection or make an oral objection to extended media coverage prior to testifying and as soon as practicable. Objections made by a testifying victim in a sexual abuse case or any other forcible felony prosecution, and by police informants, undercover agents, and relocated witnesses, will not be denied absent good cause shown.
Page 4 | G. Objections to Extended Media Coverage
Interested persons may propose cross-interrogatories at the hearing or within any further time allowed by the court.
Any persons interested may propose cross-interrogatories at the time of the hearing or within such further time as the court shall allow
Civil cases
Page 4 | Rule 64 Deposition ofwitness to a will
Service and Proof of Service Rules
For every calendar call, the clerk must give notice in the manner authorized by Illinois Supreme Court Rule 11.
For any calendar call the clerk of the court shall give notice in the manner authorized by Illinois Supreme Court Rule 11.
Page 10 | Rule 8 Peremptory calendars
Copies of an appearance must be served using the manner required for service of copies of pleadings.
Copies of the appearance shall be served in the manner required for the service of copies of pleadings.
Page 11 | GENERAL PRACTICE — PART 1 APPEARANCES AND DEFAULT, Rule 21(a)
Motion-hearing notice must be given to parties who have appeared and are not in default, and to parties whose time to appear has not expired on the notice date.
written notice of the hearing of all motions giving time, date and place of hearing, shall be given to all parties who have appeared and who have not been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(a)
The parties must cooperate in exchanging pleadings electronically.
(c) The parties shall cooperate in exchanging pleadings in electronic format.
Page 12 | GENERAL PRACTICE — PART 1 APPEARANCES AND DEFAULT, Rule 21(c)
Copies of all documents presented to the court with a motion must be served with the hearing notice, or the notice must state that the copies have been served.
Copies of all documents presented to the court with the motion shall be served with the notice or the notice shall state that copies have been served.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(b)
A copy of a motion for change or substitution of judge must be served on the judge sought to be removed.
Provided however, if a motion for change/substitution of judge is filed, a copy of the motion shall be served on the judge sought to be removed.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(c)
Notice sent by mail must be deposited with the United States Post Office or a Post Office Box no later than the third court day before the hearing.
If notice is given by mail, the notice shall be deposited in the United States Post Office or Post Office Box on or before the third court day preceding the hearing of the motion (e.g., a notice of a hearing on Thursday must be mailed on or before the preceding Monday.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(d)
Motion-hearing notice must be served in the manner and on the persons specified by the Illinois Supreme Court Rules.
(c) Manner of service. Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rules.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(c)
Notice delivered personally must be delivered at least two full business days or 48 hours before the hearing, whichever is greater.
If notice of hearing is given by personal service, or facsimile transmission, the notice shall be delivered or sent at least two full business days or 48 hours before the time of the hearing, whichever is greater.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(d)
When a motion heard without prior notice is denied, notice must be given in accordance with paragraph (a), including its service requirements and stated exception.
If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.
Page 13 | Rule 23(b) Order upon denial
A subpoena for document or tangible-thing production may be issued to a place other than before a judge or at a properly noticed deposition only if all counsel of record receive reasonable notice before compliance.
No subpoena shall be issued for the production of documents, or tangible things, to any place except before a judge of this court or at a properly noticed deposition unless all counsel of record are given reasonable notice prior to the date of compliance with the subpoena.
Page 13 | Rule 27 Subpoenas for production of documents
The party serving written discovery must provide one copy to each party required to answer and retain the original.
The party serving written discovery documents shall provide one copy to each party required to answer the same. The original shall be retained by the serving party.
Page 13 | Rule 24 Form of written discovery requests
The attorney obtaining an order without prior notice must serve the written hearing notice under the manner and recipient rules in Illinois Supreme Court Rule 11 on parties who have appeared and are not in default, and parties whose time to appear has not expired; proceedings for an ex parte order of protection under the Illinois Domestic Violence Act are excluded.
Other than proceedings for an ex parte order of protection under the Illinois Domestic Violence Act, if an emergency motion or a motion which by law may be made ex parte is heard or an order is entered without prior notice under this rule, written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon, shall be served by the attorney obtaining the order upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of the hearing, and proof of service thereof shall be filed with the clerk within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rule 11.
Page 13 | Rule 23(a) Notice after hearing
Notice of the motion must be mailed to the judgment creditor and the creditor’s attorney at their last known addresses.
(3) The notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.
Page 15
Financial affidavits must be served on all parties.
The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.
Page 17 | Rule 42 Financial affidavits and affidavits of amount due
The Affidavit of Amount Due must be served with the petition, and personal service of process must be used.
In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition. Personal service of process shall be utilized.
Page 18 | Rule 42 Financial affidavits and affidavits of amount due
The mediator must send a copy of the report to each attorney of record or pro se litigant and to the judicial coordinator.
(c) Within 10 (ten) days of completion or termination of mediation, the mediator shall file a report with the clerk of the court, using the mandatory form, and send a copy to each attorney of record or pro se litigant and to the judicial coordinator.
Page 24 | Rule 54 Ongoing mediation procedure, agreement, and final report
A person seeking to depose a witness to a will must give court-directed notice of the hearing to each heir, legatee, and devisee identified in the probate petition.
A person desiring to take the deposition of a witness to a will as provided by Section 6-5 of the Probate Act shall give such notice of the hearing on the petition to take such deposition as the court may direct to be given to each heir, legatee and devisee whose name and post office address are stated in the petition for admission of the will to probate.
Page 26 | Rule 64 Deposition of witness to a will
A person proposing cross-interrogatories must give notice of the related hearing as directed by the court.
Any persons interested may propose cross-interrogatories at the time of the hearing or within such further time as the court shall allow and shall give such notice of the hearing thereon as the court may direct.
Page 26 | Rule 64 Deposition of witness to a will
Notice of the petition and hearing must be given to all heirs named in the petition in the manner directed by the court.
Notice of the petition and of the time and place of hearing shall be given in such manner as the court directs to all heirs named in the petition.
Page 26 | Rule 65 Proof of heirship
A guardian ad litem’s filed reports must be served on the parties of record.
Reports filed by the guardian ad litem shall be served upon the parties of record
Page 27 | Rule 68 Guardian ad litem
Notice must be given at least 10 days before the hearing in the manner provided by Supreme Court Rule 105, subject to the stated exceptions.
The notice shall be given at least 10 days prior to the hearing in the manner provided by Supreme Court Rule 105 except when notice is by publication as herein provided, and except
Page 29 | Rule 74(a)(3)
A written demand must be served on the executor, administrator, or guardian in the manner provided for service of motions.
Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.
Page 29 | Rule 70
Notice to a person residing outside the continental United States must be sent by air mail at least 20 days before the hearing.
that whenever the person resides outside the continental limits of the United States, the notice shall be by air mail at least 20 days prior to the date of the hearing.
Page 30 | Rule 74(a)(3)
If a person’s name or residence is unknown and cannot be found through due diligence, the executor or administrator must file an affidavit with the clerk and give publication notice at least once in a county newspaper of general circulation at least 20 days before the hearing.
Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect shall be filed with the clerk of this court by said executor or administrator, then notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in this county at least 20 days prior to the date of the hearing.
Page 30 | Rule 74(a)(4)
Notice of a guardian’s current or final account hearing must be given to the listed claimants, ward or deceased ward’s representatives and heirs, and eligible government representatives.
Notice of the hearing on a current or final account of a guardian pursuant to paragraph 24-11(b) of the Probate Act shall be given to: (1) each claimant whose claim has been filed and remains undetermined or unpaid, (2) to the ward, if living, (3) to the legal representative and the heirs at law and legatees of a deceased ward, and (4) where entitled, to the representative of the Social Security Administration, Veterans’ Administration or other governmental entity.
Page 30 | Rule 74(b)
The legal representative or attorney must serve notice of the dependency petition and hearing on the persons specified, including health-care or funeral-service providers unless payment for their services is shown.
Notice of the filing of a petition for determination of dependency under the Wrongful Death Act or the Dram Shop Act and of the hearing thereon, shall be served by the legal representative or his attorney upon the person or persons named in sub-paragraphs (a), (b) and (c) of 740 ILCS 180/2 including persons furnishing health care or funeral services for the deceased person, unless payment for such services is shown.
Page 31 | Rule 78 Settlement of personal injury and wrongful death cases
Before presenting a petition for payment of money deposited with the county treasurer by court order, the petitioner must serve notice on the county state’s attorney, the former legal representative and attorney, and anyone else entitled to notice under a court order in the proceeding.
Before any person presents his petition requesting the entry of an order directing the county treasurer to pay money theretofore deposited by order of court, he shall serve notice on: (1) The state’s attorney of the county, (2) The former legal representative and his attorney, and (3) All other persons entitled to notice under any order of court entered in the proceeding.
Page 32 | Rule 81 Withdrawal of money on deposit with the county treasurer (recovery of escheated property)
An application for review of an administrative agency decision must be made by filing a complaint with the clerk and serving process as provided by law.
(a) Applications seeking review from an administrative agency’s decision, including administrative review under 735 ILCS 5/3-101 and under the Illinois Workers' Compensation Act, shall be made by filing a complaint with the clerk of the court and service of process as provided by law.
Page 33 | Rule 83 Actions seeking review from an administrative agency’s decision
A written demand on an executor, administrator, or guardian must be served in the manner provided for service of motions.
Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.
Civil cases
Page 2 | Rule 70
Notice of the specified final or binding current account hearing must be given to all persons described in Section 24-2 of the Probate Act.
Notice of the hearing on a final account of an executor or an administrator or on a current account that is intended to be binding pursuant to Section 24-2 of the Probate Act shall be given to all persons described in Section 24-2 ofthe Probate Act as follows:
Civil cases
Page 2 | Rule 74(a)
Notice must be given at least 10 days before the hearing in the manner provided by Supreme Court Rule 105, except when notice is by publication.
The notice shall be given at least 10 days prior to the hearing in the manner provided by Supreme Court Rule 105 except when notice is by publication as herein provided, and except
Civil cases
Page 2 | Rule 74(a)(3)
Notice of the petition and hearing must be given to all named heirs in the manner directed by the court.
Notice of the petition and of the time and place of hearing shall be given in such manner as the court directs to all heirs named in the petition.
Civil cases
Page 4 | Rule 65 Proof of heirship
A person seeking a deposition of a will witness must give court-directed notice of the hearing to each identified heir, legatee, and devisee.
A person desiring to take the deposition of a witness to a will as provided by Section 6-5 of the Probate Act shall give such notice of the hearing on the petition to take such deposition as the court may direct to be given to each heir, legatee and devisee whose name and post office address are stated in the petition for admission of the will to probate.
Civil cases
Page 4 | Rule 64 Deposition ofwitness to a will
shall give such notice of the hearing thereon as the court may direct.
shall give such notice of the hearing thereon as the court may direct.
Civil cases
Page 4 | Rule 64 Deposition ofwitness to a will
When filing a request, the media requestor must simultaneously notify the court media liaison, counsel of record, and parties appearing without counsel.
At the same time the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.
Page 4 | F. Request for Extended Media Coverage
When filing a written objection, the objector must simultaneously notify the requestor, the court media liaison, counsel of record, and parties appearing without counsel.
At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 4 | G. Objections to Extended Media Coverage
Counsel or a self-represented party seeking to introduce a witness’s testimony must notify the witness of the request for or grant of extended media coverage.
Any counsel or self-represented party who seeks to introduce the testimony of a witness shall notify the witness of the request for, or the granting of, extended media coverage.
Page 4 | G. Objections to Extended Media Coverage
Financial affidavits must be served on all parties.
The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.
Civil cases
Page 2 | Rule 42. Financial Affidavit and Affidavits of Amount Due
Personal service of process must be used.
Personal service of process shall be utilized.
Civil cases
Page 2 | Rule 42. Financial Affidavit and Affidavits of Amount Due
The petitioner must serve the Affidavit of Amount Due on Order to Show Cause with the petition.
In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition.
Civil cases
Page 2 | Rule 42. Financial Affidavit and Affidavits of Amount Due
The number of brief copies and service must conform to the cited rules, and a brief need not include an appendix.
In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.
Page 33 | Rule 83 Actions seeking review from an administrative agency’s decision
Filing Fees and Waivers
No filing fee is charged for a request or objection to extended media coverage.
There shall be no filing fees associated with filing a request for extended media coverage or an objection to extended media coverage.
Page 4 | F. Request for Extended Media Coverage
Sealing & Redaction Procedures
Guardian ad litem reports must be sealed in the common law record, and their contents may not be disclosed except to a party without court leave.
Reports filed by the guardian ad litem shall be served upon the parties of record but shall be sealed in the common law record. No party may disclose the contents of the guardian ad litem’s report other than to a party without leave of the court.
Page 27 | Rule 68 Guardian ad litem
Pre-Motion Conference Requirements
After the pleadings are finalized, the parties must agree on a briefing schedule or the court will order one, and oral argument will be scheduled if requested.
(b) Once the pleadings have been finalized, the parties shall agree on, or the court will order, a briefing schedule, and the scheduling of oral argument, if requested.
Page 33 | Rule 83 Actions seeking review from an administrative agency’s decision
Adjournment & Extension Requirements
The court may allow an extension of the ninety-day period only during that initial period.
Such representative or attorney-in-fact within ninety days (or any extension thereof allowed by the court during the said ninety day period) shall present to the court his report of compliance, together with the receipt or voucher of the distribution evidencing payment and delivery of the distributive share to the distributee lawfully entitled thereto.
Page 28 | Rule 69 Attorneys-in-fact and representatives of foreign countries
The court may grant an extension of the payment-and-delivery period during the 90-day period.
or any extension thereof granted by the court during the said ninety day period
Civil cases
Page 3 | Rule 69 Attorneys-in-fact and representatives of foreign countries
The court may allow an extension of the report deadline during the 90-day period.
or any extension thereof allowed by the court during the said ninety day period
Civil cases
Page 3 | Rule 69 Attorneys-in-fact and representatives of foreign countries
Chambers Communication Rules
An attorney presenting a matter to a new judge must disclose a former judge's involvement when that involvement would not readily appear.
(f) Successor judge. An attorney presenting to a judge a matter, any phase of which another judge has considered and acted upon, or refused to act upon, which fact shall not readily appear, shall inform the judge newly considering the matter of such involvement of the former judge.
Page 12 | GENERAL PRACTICE — PART 2 HEARING OF MOTIONS, Rule 22(f)
The party preparing a hearing or deposition notice must make a good-faith effort to coordinate with the court, opposing counsel, and self-represented litigants to find a mutually convenient time.
It is the responsibility of the party preparing the notice of hearing or notice of deposition to make a good faith effort to coordinate with the court and all opposing counsel and pro se litigants to set the hearing or deposition at a time that is mutually convenient.
Page 14 | Rule 28 Signing of notice of hearing or notice of deposition
All reporting to the chief circuit judge and Domestic Relations Court Judicial Coordinator must use the stated address.
The address to be used for all reporting to the chief circuit judge and the Domestic Relations Court Judicial Coordinator is: Office of the Chief Circuit Judge, Peoria County Courthouse, 324 Main Street, Room 215, Peoria, Illinois 61602-2334.
Page 17 | Rule 41 Administration of domestic relations courts
A request to appear remotely at a proceeding otherwise scheduled in person must be made in writing or in person at least three business days beforehand; email may be included if the Court allows it.
Case participants who w ish to appear remotely for a future court appearance where the proceeding is otherwise scheduled to be in-person shall make such a request to the Court in writing or in-person. Th e requirement of " in writing" may include email correspondence if allowed by the Court. Said request must be made at least three business days prior to the court proceeding.
Page 5 | (f) How to request a remote proceeding
The Marshall County Circuit Clerk’s phone number is provided for information and assistance with remote proceedings.
b. Marshall County Circuit Clerk: i. Website: https://marshallcountyillinois.gov/elected-officials/circuit-clerk/ ii. Phone: (309) 246-6435
Page 4 | (e) Where to find information and assistance for remote proceedings
The Peoria County Circuit Clerk’s phone number is provided for information and assistance with remote proceedings.
c. Peoria County Circuit Clerk: i. Website: https://www.peoriacounty.gov/1215/Circuit-Clerk ii. Phone: (309) 672-6000
Page 4 | (e) Where to find information and assistance for remote proceedings
The Stark County Circuit Clerk is listed as a source of remote-proceeding information and assistance at (309) 286-5941.
e. Stark County Circuit Clerk: i. Website : https://www.starkco .i llinois.gov/departments/circuit-clerk ii. Phone: (309) 286-5941
Page 5 | (e) Where to find information and assistance for remote proceedings
The Putnam County Circuit Clerk is listed as a source of remote-proceeding information and assistance at (815) 925-7016.
d. Putnam County Circuit Clerk: i. Website : https://putnamil.gov/county-offices/circuit-court-clerk-office ii. Phone : (815) 925-7016
Page 5 | (e) Where to find information and assistance for remote proceedings
The Tazewell County Circuit Clerk is listed as a source of remote-proceeding information and assistance at (309) 477-2214.
f. Tazewell County Circuit Clerk : i. Website : https://tazewellcountyil.com/ ii. Phone: (309) 477-2214
Page 5 | (e) Where to find information and assistance for remote proceedings