Circuit Court of Stark County, Illinois (10th Judicial Circuit) Document Filing Requirements

CRITICAL

Applies to

Financial affidavit

In covered cases involving economic issues, all parties must file a mandatory-form financial affidavit.

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.

CRITICAL

Applies to

Motion

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.

(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.

CRITICALCivil cases

Applies to

Objection

Objections to accounts, reports, and awards must be written and specify every ground of objection.

Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.

CRITICAL

Applies to

Settlement petition

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.

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.

CRITICAL

Applies to

Receiver inventory

Within 30 days after appointment, the receiver must file a detailed report and inventory of all estate property, identifying property in the receiver’s possession or control.

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.

CRITICAL

Applies to

Written appearance

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.

(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.

CRITICAL

Applies to

Treasurer deposit receipt or voucher

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.

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.

CRITICAL

Applies to

Motion hearing notice

The hearing notice must be on a document separate from any motion presented.

The notice shall be made on a document separate from any motions presented.

CRITICAL

Applies to

Inventory

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.

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.

CRITICALCivil cases

Applies to

Address change

An executor, administrator, or guardian must record any address changes with the clerk during the administration.

shall record with the clerk any changes in his address taking place during the period of administration.

CRITICALCivil cases

Applies to

Financial affidavit

A party seeking support for a non-minor child must file a financial affidavit on the child’s behalf.

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.

CRITICAL

Applies to

Petition

The circuit clerk must attach the specified case-management notice to the petition and all copies of it.

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.

CRITICAL

Applies to

Order

A disqualified receiver may be appointed in the estate’s best interests only by an order that specifically states the reasons for the departure.

(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.

CRITICAL

Applies to

Witness objection

A witness objection must use the Illinois Supreme Court-authorized witness objection form.

The objection shall be submitted using the Objection of Witness to Request for Extended Media Coverage of Testimony form authorized by the Illinois Supreme Court (Appendix C of the Policy).

CRITICAL

Applies to

Distribution request

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.

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.

CRITICALCivil cases

Applies to

Refunding bond

The refunding bond must use the court-prescribed form and be furnished or filed as stated in the rule.

The refunding bond shall be in the form prescribed by the court and furnished by the clerk.tiled with the Clerk o(the Court.

CRITICALCivil cases

Applies to

Notice of hearing

The notice must state the hearing’s time, place, and nature and substantially include the specified binding-effect sentence.

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."

CRITICALCivil cases

Applies to

Receipt

A representative or attorney-in-fact must give a written receipt and certify on it that their authority to receive the share has not been revoked.

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.

CRITICAL

Applies to

Statistical reporting

Guardians ad litem, attorneys for children, and child representatives must cooperate with any required statistical reporting.

A guardian ad litem, attorney for a child, and a child representative must cooperate with statistical reporting that may be required.

CRITICAL

Applies to

Motion

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.

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.

CRITICAL

Applies to

Settlement petition

A settlement for a minor or incompetent requires a physician’s or surgeon’s report filed with the petition describing the injury; a minor must also appear in open court unless excused for good cause.

No settlement on behalf of a minor or incompetent will be authorized unless a report of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury, and in case of minors, the minor appears in open court unless excused by the court for good cause shown.

CRITICAL

Applies to

Claim

A claim founded on a written instrument must include a copy, and the original must be shown to the court at the hearing unless it is lost or destroyed.

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.

CRITICAL

Applies to

Distribution

A minor’s or disabled adult’s distributive share may be distributed only to that person’s legal representative, unless the share qualifies under paragraph 25-2 of the Probate Act.

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.

CRITICAL

Applies to

Pleading

A pleading in a child custody proceeding must display “CHILD CUSTODY PROCEEDING” in capital letters under its title.

A pleading involving a child custody proceeding must indicate in capital letters, under the title of the pleading, the following language: CHILD CUSTODY PROCEEDING.

CRITICAL

Applies to

Distribution petition

A petition seeking authority to distribute must state if an intestate heir or testate legatee is a minor, has died, or has been adjudicated a disabled adult.

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.

CRITICALCivil cases

Applies to

Petition for ascertainment and declaration of heirship or dependency

When no probate or administration petition has been filed, a person seeking a declaration of heirship or dependency must file a petition containing the listed information.

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.

CRITICAL

Applies to

Court order

If the court allows the petition, an order conforming to it must be entered.

When such petition is allowed by the court, an order in conformity therewith shall be entered.

CRITICALCivil cases

Applies to

Authorization evidence

A representative, attorney-in-fact, or assignee must provide evidence of the distributee’s entitlement and of their own authority to receive the distributive share.

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.

CRITICAL

Applies to

Subsequent filing

All subsequent filings must comply with Rule 21(a)'s appearance requirements.

All subsequent filings shall comply with this rule.

CRITICAL

Applies to

Power of attorney or assignment

A power of attorney or assignment must be signed by the distributee and properly authenticated and acknowledged before the American Counsel where the distributee resides, unless the court accepts other evidence of genuineness or validity.

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.

CRITICAL

Applies to

Confidentiality agreement

All mediation participants must sign the prescribed confidentiality agreement before mediation begins.

(c) Prior to the commencement of mediation, all participants in the mediation shall sign a confidentiality agreement prescribed by these rules.

CRITICAL

Applies to

Guardian petition

The guardian’s petition must disclose whether the petitioner or anyone else receives governmental or charitable assistance and must state any income from any source.

The petition shall state whether or not the petitioner or any other person is receiving any relief or assistance from the Social Security Administration, Veterans' Administration, or any other governmental entity as well as from any charitable organization or entity, and any income from any source.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

The petitioner must file the mandatory Affidavit of Amount Due on Order to Show Cause, except when the sworn petition clearly delineates and makes ascertainable the amounts due and all just credits.

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. However. this aQidavit shall not be required jf the amounts due and all just credits are clearly delineated and ascertainable in the sworn petition fill:_ rule to show cause.

CRITICAL

Applies to

Motion hearing notice

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.

(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.

CRITICALCivil cases

Applies to

Addendum

A dissolution proceeding involving property, debt allowance, or spousal maintenance requires filing an addendum or equivalent additional documentation.

In a Dissolution of Marriage proceeding when there is any issue involving property, including debt allowance or spousal maintenance, an addendum (or equivalent additional documentation) must be filed

CRITICAL

Applies to

Financial affidavit on behalf of non minor child

A party seeking support for a non-minor child must also file a financial affidavit on the child's behalf.

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.

CRITICAL

A representative or attorney-in-fact must submit the petition for leave to receive the distribution using the form prescribed by the court and furnished by the clerk.

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.

CRITICAL

Applies to

Continuing education certification

Attorneys must submit certification of the required continuing-education courses to the chief circuit judge or judicial coordinator.

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.

CRITICALCivil cases

Applies to

Bond

Unless excused by the court, a representative or attorney-in-fact must file a court-prescribed bond with sureties in an amount fixed by the court, conditioned on payment and delivery of the share to the distributee.

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.

CRITICAL

Applies to

Final account

A final estate account must be verified and include statements or receipts addressing court costs, claims, and assessed Illinois and federal estate taxes.

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.

CRITICALCivil cases

Applies to

Account

An administrator’s or executor’s account must report any previously unreported change in the identity of parties entitled to a distributive share.

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.

CRITICAL

Applies to

Written accounting

A written accounting must identify each receipt and disbursement by date and payor or payee, explain its purpose or supporting facts, state assets at the beginning and end of the accounting period, and include any further information required by the court.

A written accounting shall identify receipts and disbursements by naming the date and payor or payee of each transaction, a sufficient statement of the purpose or facts surrounding each transaction to constitute justification, the assets on hand at the beginning and at the end of the period of accounting, and shall contain such other and further information as the court requires.

CRITICALCivil cases

Applies to

Distribution before six months

Evidence must be presented that all allowed claims are paid or that sufficient funds remain to pay all estate claims and warrant distribution.

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.

CRITICAL

Applies to

Written accounting

A written accounting must be verified under oath unless the court excuses verification.

A written accounting shall be verified on oath unless excused by the court.

CRITICAL

Applies to

Motion

A receiver’s attorney may be employed only by court order on the receiver’s written motion stating the reasons and naming the attorney.

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.

CRITICALCivil cases

Applies to

Distribution before six months

Early distribution requires filing the inventory, approval and filing of a current account, and payment of all accrued costs.

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.

CRITICAL

Applies to

Motion

In cases governed by the Illinois Rules of Criminal Procedure, every motion must include a notice of hearing providing either an actual hearing date or a hearing at which the motion will be scheduled.

In any case where the Illinois Rules of Criminal Procedure are applicable, any motion filed must include a notice of hearing. The notice of hearing must provide for either an actual hearing date for the motion being filed or a hearing where the motion will be scheduled to be heard.

CRITICALCivil cases

Applies to

Notice of hearing

The notice must be written and accompanied by a copy of the account, except when notice is given by publication.

Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.

CRITICAL

Applies to

Final settlement

For a final settlement in which the ward is entitled to the estate, the guardian must present the ward’s executed receipt in full and entry of appearance waiving notice of hearing to be discharged.

On the final settlement of a ward’s estate when the person entitled to the estate is the ward, the guardian will not be discharged unless the guardian exhibits to the court a receipt in full and entry of appearance waiving notice of hearing executed by the ward.

CRITICAL

Applies to

Guardian ad litem report

the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

the court may on its own motion appoint an attorney as guardian ad litem to investigate the merits of the proposed settlement, and to report in writing his findings and recommendations and to otherwise comply with 10th Cir. R. 68 before final action is taken.

CRITICAL

Applies to

Written consent

Children may participate in mediation only with written consent from all parties and the mediator, and any appointed guardian ad litem, child representative, or attorney for the child must also agree in writing.

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.

CRITICAL

Applies to

Evidence

Evidence must be presented that all allowed claims have been paid or that sufficient money remains to pay all estate claims and warrant distribution.

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.

CRITICAL

Applies to

Party objection

A party objection must use the Illinois Supreme Court-authorized party objection form.

The objection shall be submitted using the Objection of Party to Request for Extended Media Coverage form authorized by the Illinois Supreme Court (Appendix B of the Policy).

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem who does not recommend approval may not privately represent an interested party, but may continue for a revised offer while the representative is unrepresented and must report recommendations on that offer in writing.

In the event said guardian ad litem does not recommend the approval of the proposed settlement of said claim, he shall not represent as a private attorney, any of the parties or personal representatives having an interest in said claim, but he may continue as such guardian ad litem with reference to any revised offer of settlement so long as the representative is not represented by an attorney, and shall report in writing his recommendations regarding said revised offer.

CRITICAL

Applies to

Motion hearing 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.

(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).

CRITICAL

Applies to

Money judgment satisfaction motion

Satisfaction of a money judgment under this provision requires a written motion; the text specifying what the motion must state continues outside this chunk.

A money judgment may be satisfied by the court upon written motion stating:

CRITICAL

Applies to

Inventory

Note descriptions in the inventory must include the specified balance, dates, maker, interest information, endorsements, and any security description.

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.

CRITICAL

Applies to

Notice of hearing or notice of deposition

Signing a notice of hearing or deposition constitutes the party's certification that the rule was followed.

The signing of a notice of hearing or notice of deposition shall constitute the party’s certification of compliance with this rule.

CRITICALCivil cases

Applies to

Petition for leave to receive

A representative or attorney-in-fact must present a petition for leave to receive the distributive share in the court-prescribed form furnished by the clerk.

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.

CRITICALCivil cases

Applies to

Financial affidavit

In the specified cases involving economic issues, all parties must file a mandatory-form financial affidavit.

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 fmancial affidavit shall be filed by all parties.

CRITICAL

Applies to

Account

An administrator’s or executor’s account must report any change in the identity of estate distributees that has not previously been reported to the court.

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.

CRITICAL

Applies to

Objection

Objections to accounts, reports, awards, and similar matters must be written and specify all grounds of objection.

Objections to accounts, reports, awards, etc., shall be in writing and shall specify all grounds of objection.

CRITICAL

Applies to

Bond

Unless excused by the court, a representative or attorney-in-fact must provide a suitable bond with sureties in a court-fixed amount, using the court-prescribed form furnished by the clerk and conditioned on delivery of the distribution to the distributee.

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.

CRITICALCivil cases

Applies to

Addendum

The documentation should describe marital and nonmarital property and debt, the basis for each claim, and the value of each item over $1,000.

Documentation should include description ofall marital and nonmarital property and debt-- including the basis ofsuch claim and the values of each item ofproperty or debt greater than $1.000.

CRITICAL

Applies to

Extended media coverage request

A request for extended media coverage must use the Illinois Supreme Court-authorized request form.

The request shall be submitted using the Extended Media Coverage Request Form authorized by the Illinois Supreme Court (Appendix A of the Policy).

CRITICAL

Applies to

Inventory

The inventory must include each real estate parcel’s legal description and, if available, its street and number.

(a) The inventory shall include the legal description of each parcel of real estate, and the street and number, if any.

CRITICAL

Applies to

Evidence of authority

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.

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.

CRITICAL

Applies to

Heirship or dependency petition

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.

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.

CRITICAL

Applies to

Case management conference notice

The circuit clerk must attach the Approved Parent Education Notice to every case management conference notice.

The circuit clerk shall attach the Approved Parent Education Notice to each case management conference notice.

CRITICAL

Applies to

Proposed written interrogatories

Proposed written interrogatories must be filed before the hearing.

Proposed written interrogatories shall be filed prior to the hearing.

CRITICAL

Applies to

Affidavit of amount due on order to show cause

In covered failure-to-pay proceedings, the petitioner must file the mandatory-form Affidavit of Amount Due on Order to Show Cause.

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.

CRITICAL

Applies to

Inventory

Descriptions of stock certificates must state the number and class of shares and the exact corporate title.

Descriptions of certificates of stock shall include the number of shares and class of shares and the exact corporate title.

CRITICAL

Applies to

Filed document

Must include

case number

The circuit clerk must assign a general number and endorse it on filed documents; pending actions and proceedings retain their previously assigned numbers.

(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.

CRITICALCivil cases

Applies to

Petition for admission of will to probate or letters of administration

A petition for admission of a will to probate or for letters of administration must be filed with the clerk.

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.

CRITICAL

Applies to

Refunding bond

The refunding bond must use the court-prescribed form and be furnished by the clerk.

The refunding bond shall be in the form prescribed by the court and furnished by the clerk.

CRITICAL

Applies to

Original instrument

If a claim is allowed, the allowance must be noted on the original instrument.

If the claim is allowed, a notation of the allowance shall be made on the original instrument.

CRITICAL

Applies to

Settlement petition

The representative’s attorney must include in the petition a written certification that the proposed settlement is just and proper based on the applicable facts and law.

The attorney for the representative shall certify in writing as a part of the petition that in his opinion, based upon the facts and law applicable thereto, the proposed settlement is just and proper.

CRITICAL

Applies to

Order

If a motion heard without prior notice is denied, the denial order must be entered of record.

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.

CRITICAL

Applies to

Inventory

Bond descriptions in the inventory must include the specified value, obligor, bond terms, interest information, and any endorsements.

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.

CRITICAL

Applies to

Notice of hearing

The notice must state the hearing’s time, place, and nature, and substantially include the prescribed warning about the account being binding.

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.”

CRITICALCivil cases

Applies to

Vouchers

The legal representative must file the receipt and certificate with their vouchers.

The legal representative shall file said receipt and certificate with his vouchers.

CRITICAL

Applies to

Notice of hearing

Must include

judge name, case number

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.

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.

CRITICAL

Applies to

Mediation agreement account

When the parties reach an agreement or partial agreement in mediation, the mediator must provide the parties and any attorneys a written account, but must not provide it to the court.

(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.

CRITICAL

Applies to

Demand

A demand on an executor, administrator, or guardian to pay money or deliver property must be made in writing.

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

CRITICAL

Applies to

Brief

Each party must file a brief complying with Illinois Supreme Court Rule 341, and the plaintiff's brief must include a brief statement of the circuit court's jurisdiction.

(c) Each party shall prepare and file a brief in compliance with Ill. Sup. Court R. 341 including a brief statement by plaintiff of the circuit court's jurisdiction.

CRITICAL

Applies to

Receipt and certificate

The representative or attorney-in-fact must provide a written receipt certifying that authority has not been revoked, and the legal representative must file the receipt and certificate with the vouchers.

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.

CRITICAL

Applies to

Address filing

Executors, administrators, and guardians must file their address with the clerk when subscribing the oath and record address changes 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.

CRITICALCivil cases

Applies to

County treasurer voucher or receipt

If the representative or attorney-in-fact fails to pay and deliver the share within 90 days or a court-granted extension, the share must be deposited with the county treasurer and the representative must file the treasurer’s voucher or receipt with the court.

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.

CRITICAL

Applies to

Case management conference notice

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.

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.

CRITICAL

Applies to

Party objection

A party’s written objection must state the reasons for objecting.

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.

CRITICAL

Applies to

Guardian petition

A guardian’s petition to use a substantial part of the ward’s estate must state the estate’s value when filed, the ward’s annual available income, and any last authorization for expenditure for the same purpose.

Each guardian's petition to apply any substantial part of the ward's estate for the comfort, support or education of the ward or other persons entitled to support from the ward, shall state the value of the estate at the time the petition is being filed, the annual income available to the ward and the amount of the last authorization for the expenditure on behalf of said ward for the same purpose, if any.

CRITICAL

Applies to

Notice of hearing

Notice of the specified account hearing must be written and accompanied by a copy of the account, unless notice is given by publication.

Such notice shall be in writing accompanied by a copy of the account except where notice is to be given by publication.

CRITICAL

Applies to

Bond

A bond using a corporate or association surety licensed in Illinois will be approved only if the surety has filed a certified copy of its license with the court clerk.

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.

WARNING

Applies to

Order

Orders granting, denying, or limiting extended media coverage should use the Illinois Supreme Court’s authorized form.

All orders granting, denying, or limiting extended media coverage should be entered using the Extended Media Coverage Order form authorized by the Illinois Supreme Court (Appendix D of the Policy).