Table of Contents (Click On Rule to View)
Rule 1. Rules of Court
Rule 2. Chief Judge
Rule 3. Presiding Judges
Rule 4. Judicial Meetings
Rule 5. Appearances and Default
Rule 6. Pleadings
Rule 7. Matrimonial Cases
Rule 8. Clerks of the Circuit Court
Rule 9. Motions
Rule 10. Assigned Criminal Cases
Rule 11. Bonds
Rule 12. Discovery
Rule 13. Identification of Exhibits
Rule 14. Judgments and Orders
Rule 15. Small Claims
Rule 16. Orders to Show Cause
Rule 17. Affidavits in Matrimonial Cases
Rule 18. Citation in Oral or Written Presentations
Rule 19. Pretrial Conferences in Family Cases
Rule 20. Proof and Declaration of Heirship - Change in Distributive Rights
Rule 21. Mediation Program (both non-judicial & judicial)
Rule 22. Attorney Qualifications in Child Custody Matters
A. Power of the Court to Adopt Rules. These rules are promulgated pursuant to section 1-
104(b) of the Code of Civil Procedure, 735 ILCS 5/1-104(b), and Supreme Court Rule 21(a).
B. Existing Rules Repealed. These rules shall become effective April 15, 1989, and all other
rules of the Circuit Court of the Second Judicial Circuit are hereby repealed.
C. Amendment of Rules. These rules shall be amended only by vote of a majority of the circuit
judges of the circuit. Proposals for amendments shall be submitted in writing to the circuit judges at any
regular, quarterly meeting, and shall not be voted upon or adopted until the next following regular,
quarterly meeting. All forms which have heretofore been attached to these rules as appendices are hereby
deleted. Any forms prescribed for use in the Second Judicial Circuit by these rules shall be substantially
in the form required by Administrative Order of the Chief Judge.
D. Promulgation, Effective Date of Amendments. All amendments to these rules shall be promulgated prior to becoming effective. The Chief Judge shall cause a copy of any amendment or amendments adopted as provided herein to be mailed, within seven days of adoption, to the Clerk of the Circuit Court of each county in the Second Judicial Circuit. Each Clerk shall, upon receipt, cause such copy to be posted in a public place in the courthouse in his county for not less than 14 days. Any such amendment or amendments shall become effective 30 days after mailing by or on behalf of the Chief Judge. The effective date shall be noted on the copies of any amendment or amendments sent to the respective Clerks of the Circuit Court.
E. Titles; Headings; Gender. Rule titles and section headings are not a substantive part of these rules, and shall not be deemed to govern, limit, modify or in any way affect the scope, meaning or intent of any of the provisions of these Rules. Except where otherwise required by context, words importing either masculine or feminine gender are interchangeable and shall apply to either gender.
F. Mandatory Intent. Use of the word "shall" in these rules is intended to have mandatory effect, irrespective of the context. Directory intent will always be indicated by use of other appropriate words.
G. Copies of Rules for Judges. The Chief Judge shall provide copies of these Rules, and of any amendments thereto, to the several judges, associate judges and clerks of the circuit.
A. Selection. At the fourth quarterly meeting of the Judges of the Second Judicial Circuit in 1997, a majority of the circuit judges shall select by secret ballot one of their number to serve as Chief Judge for a two (2) year term, commencing January 1, 1998, and shall select a Chief Judge in the same manner every other year thereafter, subject to the provisions of Article VI, section 7(c), of the Constitution of the State of Illinois.
B. Acting Chief Judge. The Chief Judge shall designate one of the circuit judges to serve as Acting Chief Judge during the absence or inability to serve as the Chief Judge. The Acting Chief Judge shall have such powers and duties as are required to carry on the routine day-to-day operation of the Chief Judge’s Office unless designated by the Chief Judge to have broader powers. If the Chief Judge does not designate an Acting Chief Judge, the most immediate past Chief Judge then serving as a circuit judge shall serve as Acting Chief Judge.
C. Vacancy. When a vacancy occurs in the office of Chief Judge, any two circuit judges may call a meeting of the circuit judges for the purpose of declaring a vacancy and holding an election to fill such vacancy. The election shall be held not more than three weeks following the occurrence of a vacancy, and written notice of the time, date, place and purpose of the meeting shall be given to all circuit judges at least five days prior to the meeting. A vacancy in the office of Chief Judge shall be deemed to occur upon the resignation, death, incapacity or inability of the Chief Judge to carry out the duties of the office. A vacancy shall be deemed to have occurred if the Chief Judge has been unable to perform the duties of the office for a period of three consecutive months.
D. Removal From Office. The Chief Judge or any acting Chief Judge may be removed from such office upon a vote of a majority of the circuit judges. If removal occurs, a successor shall be selected to fill any unexpired term in the same manner as is provided for filling a vacancy in the office. Notice of a vote for removal or for selecting a successor Chief Judge shall be given in the same manner as is provided for notice of the meeting to declare or fill a vacancy in the office of Chief Judge
A. Designation. The Resident Circuit Judge elected in each county of the Second Judicial Circuit shall be the Presiding Judge in such county.
B. Responsibilities. The Presiding Judge in each county of the Second Judicial Circuit shall have the responsibility of administering the caseload of his county. He shall make a general assignment of cases to the judges regularly sitting in his county. When motions for substitution of judge or change of venue are granted, the case shall be returned to him for reassignment. He shall then assign the case to another judge sitting in his county or, if there is no such judge, then refer the cause to the Chief Judge for assignment of a new judge.
C. Notice. A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case
A. Frequency of Meetings. The Chief Judge shall convene a meeting of the circuit judges and associate judges at least four times per calendar year.
B. Notice. The Chief Judge shall give at least 30 days notice of any meeting called pursuant to these rules. Meetings needed to deal with emergency matters shall be with any reasonable notice. Special meetings shall be called at the request of any three judges.
RULE 5. APPEARANCES AND DEFAULT
A. Written Appearances. Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared. No party or attorney shall address the court before filing such written appearance.
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.
C. Appearance Fees. If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
D. Supplementary Proceedings. No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of section 2_1402 of the Code of Civil Procedure, Illinois Revised Statutes chapter 110, section 21402 and Supreme Court Rule 277, Illinois Revised Statutes chapter 110A, section 277.
E. Time of Payment. The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
F. Pro Se Appearances. If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
G. Appearance Pro Hac Vice. Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice. The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms attached to these Rules as Appendix A and Appendix B, respectively, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.
A. Form of Pleadings and Other Papers. In all pleadings and other papers of any description
whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions,
signature and address blocks, indented quotations, verifications, acknowledgment and other similar parts
thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced
typing. Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
B. Filing of Documents Received By Facsimile Transmission. The Clerk of the Court shall
not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
A. Special Rules Pertaining to Matrimonial Cases. For purposes of this rule, matrimonial cases are defined as any proceedings for an order or judgment relating to dissolution of marriage, declaration of invalidity, maintenance, child custody or support, orders of ne exeat and other matters of a similar nature, whether for temporary or permanent relief.
B. Transcripts of Evidence. In any proceeding for entry of a judgment or other order, temporary or permanent, in matters governed by Rule 7(a), the testimony shall not be recorded unless the court orders otherwise.
C. Support Payments. Unless otherwise provided in an order for support, all support payments shall be made as provided by law.
D. Acknowledgments. Attorneys, members of their firms or their employees shall not acknowledge any pleading, entry of appearance or settlement agreement for an opposing party. Neither attorneys or law firms shall represent both parties to a dissolution action unless otherwise permitted to do so by law.
E. Settlement Agreements. Any written agreement which bears the signature of any party to the proceeding who is not present in open court at the time such agreement is offered as evidence, and which purports to settle all or any part of a matrimonial case, may be received upon proof that it was personally signed by the absent party. An oral or unsigned written agreement which is not included in the pleading served upon an absent party shall be introduced only upon proof of service upon the absent party pursuant to Supreme Court Rule 105 relating to additional relief against parties in default.
F. Additional Notice. Notwithstanding compliance with these Rules, the court may require further or other notice to be given in accordance with statutory law.
G. Joint Simplified Dissolution Procedure. The contents of forms to be used in simplified dissolutions are hereby provided for, pursuant to Section 456 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/456. Circuit-wide forms to be used in simplified dissolutions shall be established and promulgated by Administrative Order of the Chief Judge.
RULE 8. CLERKS OF THE CIRCUIT COURT
A. Pleadings. In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
B. Filing Fee. The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
C. Removal of Files. No pleading, exhibit, document, portion of a file or entire file shall be removed from the Office of the Clerk of the Circuit Court without leave of court, except as required for appeals and authorized by Supreme Court Rule or statute.
A. Notice. Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore 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 such notice, by the party seeking such hearing. Motions with or without notice may be set or reset on a date within 60 days by direction of the court. Notice of motion made within a court day of trial shall be given as directed by the court. Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105.
B. Content of Notice. Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
C. Service of Notice. Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
D. Time of Notice. If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion. Notice given by mail is governed by Supreme Court Rule 12(c).
E. Summary Judgment. A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
F. Ex Parte and Emergency Motions. Every complaint or petition seeking ex parte issuance of a temporary restraining order, an order for preliminary injunction, an order for appointment of a receiver or an order of ne exeat republica shall be filed in the office of the Clerk of the Circuit Court, if that office is open, before application is made to a judge for the order.
G. Notice Not Required. Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without calling the motion for hearing. Whenever possible, emergency motions shall be given priority.
H. Notice After Hearing. If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead. Proof of service thereof shall be filed with the Clerk within two days after hearing. Notice shall be given in the manner and to the persons prescribed by Supreme Court Rule 11.
I. Failure to Call Motions for Hearing. The burden of securing a hearing on any motion is on the moving party. If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay. Nothing herein shall preclude an opponent from setting a motion not set by the movant.
J. Motion Denied; Further Pleading Required. Unless otherwise ordered by the court, a party who is required to plead further following denial of a motion shall do so within 21 days following announcement of the decision of the court and entry of an appropriate minute or docket order. If the court requires a written order, then the party shall plead within 21 days after filing of the written order.
K. Coordination of Hearing Date. It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.
RULE 10. ASSIGNED CRIMINAL CASES
A. Assignment and Reassignment. In criminal cases, no prosecutor or defense attorney shall present any matter relating to a plea of guilty, plea bargain or reduction of bond, any motion to suppress evidence, a confession or testimony, any motion for continuance or any other matter to any judge of this circuit other than to the judge to whom the cause has been assigned by the administrative judge. If, for any reason, a matter is not disposed of by the judge to whom it is originally assigned, such matter shall be referred to the administrative judge for reassignment.
A. Personal Sureties. Bonds with personal sureties shall be approved by the court. Unless excused by the court, sureties shall execute and file verified schedules of property in substantially the form which is required by Administrative Order of the Chief Judge.
B. Surety Companies. Bonds with a corporation or association as surety shall be approved only if a current certified copy of the surety's authority to transact business in the state, issued by the Director of Insurance, is on file with the Clerk of the Circuit Court and a verified power of attorney or certificate of authority for all persons authorized to execute bonds for the surety is attached to the bond.
C. Affidavits of Probate Sureties. An individual acting as surety on any bond required of an executor, administrator or guardian may, in lieu of the schedule required by Rule 11(a), file an affidavit stating that he or she owns net assets of a value which equals or exceeds the amount of the bond. Such affidavit shall be in substantially the form which is required by Administrative Order of the Chief Judge.
A. Relief Involving Discovery Materials. If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
B. Use at Trial or for Motion. If interrogatories, requests, answers, responses or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
C. Unfiled Discovery - Appeals. When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to and order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.
D. Removal from Files. At the discretion of the judge assigned to the case, discovery materials already filed may be removed from a file and retrieved by the party filing the materials. In such event, the judge shall make an appropriate docket entry indicating what materials were removed, the date they were originally filed and who is the custodian of the materials.
E. Case Management Conference. The "Case Management Conference" procedures or Supreme Court Rule 218 shall be applied only in Law cases over $50,000.00. In all other civil cases, the "Case Management Conference" procedures of Supreme Court Rule 218 shall be invoked at the discretion of the assigned judge; provided, however, that the Presiding Judge in each county shall conduct a review of all of the other civil cases at intervals not to exceed six months.
RULE 13. IDENTIFICATION OF EXHIBITS
Marking; Lists. Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter. The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.
A. Preparation; Designation. When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise. In general, relief which does not dispose of a case on its merits shall be by order, while final relief on the merits shall be by judgment.
B. Orders and Judgments in Criminal and Juvenile Cases. In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge. Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge and, when required by the court for determining periods of work release or other purposes, defendants in criminal and traffic cases shall furnish work schedules and other information in substantially the form required by Administrative Order of the Chief Judge.
In all small claims cases, as defined in Supreme Court Rule 281, the court shall proceed as follows:
A. Trial. If both parties are present and cannot reach a settlement, the case shall be tried if both parties are ready. If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
B. Defaults. If the Defendant does not enter his appearance on or before the return day, a default judgment shall be entered on the complaint if the plaintiff or his counsel is present in open court and either the complaint is verified or an appropriate affidavit is attached. This provision is subject to the requirement of Rule 15(d), infra.
C. Failure to Appear. If the defendant appears but the plaintiff does not, or if neither party appears, the court may dismiss the case or continue it to an early date. Upon a second such failure to appear, the court shall dismiss the case for want of prosecution.
D. Unliquidated Damages. In all cases involving unliquidated damages, the plaintiff shall make proof of damages in open court before judgment is entered.
A. Civil Contempt Petitions. Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt. The petitioner may, but is not required to, give notice to the respondent before presenting such a petition to the court for issuance of an order.
B. Issuance Instanter. The court may issue orders to show cause instanter, on its own motion or on the motion of a party, for failure to respond to or comply with citations, subpoenas or other mandatory process which has been personally served upon the respondent. Upon a showing of exigent circumstances or of prior failure to respond or comply with the process and orders of the court, the court may issue an attachment for contempt.
C. Service of Order. As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent’s last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means. Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise. Effective 10/2/03
D. Hearings. All hearings on orders to show cause shall be held in open court. The complaining party shall establish the failure to respond or comply with the prior order or process of the court, after which the respondent shall have the burden of showing that his conduct was not contemptuous.
E. Failure to Appear. If the respondent has been personally served with the order to show cause and does not appear, the court may, in addition to any other appropriate action:
- Continue the cause to a date certain and either issue an attachment with or without bond, or give notice by mail of the continued date; or,
- Proceed to hearing if the complaining party appears; or,
- Discharge the order if the complaining party does not appear.
F. Bond Forfeiture. If the respondent does not appear after posting bond on an attachment, the court may forfeit the bond and take any further action which is permitted under Rule 16(e), supra.
G. Setting Bond. Bond on attachments shall not be oppressive, and shall be solely for the purpose of securing the appearance of the respondent. Bond shall not be set in an amount exceeding $1,000.00 ($100.00 cash deposit) without an affirmative showing that attachment without bond or with a higher bond is required under the circumstances.
H. Disposition of Bond. No bond or portion of a bond posted on an attachment for contempt shall be paid over to the complaining party, unless:
- All obligations of the bond have been met and no forfeiture is pending or has been entered; and,
- The respondent appears personally in open court and agrees that the bond deposit, or some portion thereof, be paid to the complaining party; and,
- The court so orders.
RULE 17. AFFIDAVITS IN MATRIMONIAL CASES
A. Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
B. Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
C. Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
RULE 18. CITATION IN ORAL OR WRITTEN PRESENTATION
A. Citation. In any oral or written presentation to the court, citation of cases shall be to the page of the volume where the case begins, and to the pages upon which the pertinent material appears in at least one of the reporters cited. Use of "supra" or "infra" only is not permitted.
B. Illinois Cases, Quotations, Copies. Citation to Illinois cases shall be to the official reports, but citation to North Eastern Reporter or Illinois Decisions may be added. Quotations may be cited to the official state reports, the North Eastern Reporter or Illinois Decisions. Each copy of a case presented to the court may be from either the official state reports, North Eastern Reporter or Illinois Decisions, but shall, in any case, be a complete copy of the case and shall show the official citation.
C. Other Jurisdictions. Citation of cases from other jurisdictions shall include the date of the decision, and may be to either the official State reports or to the National Reporter system, or both. If only the National Reporter System citation is used, the court rendering the decision shall be identified. A copy of a case presented to the court shall be a complete copy, and may be from either the official State reports or the National Reporter System.
RULE 19. PRE-TRIAL CONFERENCES IN FAMILY CASES
A. Setting of Case Management Conferences. In original actions for dissolution of marriage, a case management conference shall be set by the Clerk of the Circuit Court when the case is filed, if no Entry of Appearance is filed for the respondent with the Petition for Dissolution of Marriage. The conference shall be set for a date 90 to 110 days after the case is filed. Petitioner's attorney shall prepare and serve upon respondent a notice of the date and time of the scheduling conference with the Petition for Dissolution of Marriage, which may be in substantially the form which is required by Administrative Order of the Chief Judge. If child custody, visitation, or removal of a child from the State of Illinois is in issue, see also Rule 21.
B. Case Management Conferences. At the case management conference, the court shall enter a pre-trial order substantially in the form which is required by Administrative Order of the Chief Judge.
C. Mandatory Settlement Conferences. The court shall conduct a mandatory settlement conference in all contested pre-judgment dissolution of marriage cases as provided in this Rule. The court may, in its discretion, order a mandatory settlement conference upon such terms as the court may require in any other proceeding under the Illinois Marriage and Dissolution of Marriage Act, the Illinois Parentage Act of 1984, the Illinois Domestic Violence Act or the Illinois Adoption Act, upon the request of a party or upon the motion of the court. The fact that a judge has conducted a settlement conference in a case shall not serve as grounds for a change of venue from that judge in that case.
D. Setting of Settlement Conference. Settlement conferences shall be set in dissolution of marriage cases when one party requests a hearing on remaining issues, or upon the motion of the court. The settlement conference shall occur at least 30 days prior to the date of the hearing on remaining issues, and may be combined with the pre-trial conference. It shall be mandatory for all parties and the trial attorneys to be present at all settlement conferences unless excused for good cause by prior court order.
E. Requirements Prior to Settlement Conference. A financial affidavit and a settlement conference memorandum, each in substantially the form which is required by Administrative Order of the Chief Judge, must be filed by each party, with a copy provided to each party, at least seven days before the settlement conference. Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference. Each party must have successfully completed a parent education program, if applicable, and must have filed with the court a Certificate of Completion prior to the settlement conference.
F. Failure to Comply with Settlement Conference Rule. Any party or attorney required under this Rule to attend a settlement conference who, without good cause, fails to attend after having been given due and proper notice, or fails to provide a financial affidavit or settlement conference memorandum, or who fails to complete a parent education program, if applicable, shall be subject to the sanctioning power of the court, including, but not limited to, those authorized under Supreme Court Rule 219(c), such as criminal or civil contempt, dismissal, imposition of attorney's fees, imposition of monetary sanctions and the awarding of the other party's costs of transportation, loss of work income and other expenses incident to that party's presence at the conference.
RULE 20: PROOF AND DECLARATION OF HEIRSHIP - CHANGE IN DISTRIBUTIVE RIGHTS
A. Petition for Admission of a Will. When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by:
- The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk;
- Affidavit as provided in Section 5-3 of the Probate Act; or
- Deposition.
B. Proof of Heirship. The proof of heirship shall be made by the decedent's spouse or a person related to the decedent by consanguinity or adoption, unless it would impose undue hardship or be ineffectual.
C. Affidavit Regarding Heirship. An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge:
- The date and place of death of the decedent;
- Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;
- The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.
- The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.
- If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.
- The manner is which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.
- An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.
- The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
D. Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
E. Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.
F. Change in Distributive Rights. If there is a change in distributive rights during the administration of an estate, including a change resulting from death, renunciation, disclaimer or other election provided by law, upon motion of any person or the court's own motion, an appropriate order shall be entered determining the substituted takers.
INTRODUCTION
Pursuant to Illinois Supreme Court Rule 905, the judges of the Second Judicial Circuit of Illinois hereby
provide a mandatory circuit-wide mediation program for mediation of all contested issues of parental
responsibility, custody, parenting time/visitation, removal, or access to children arising in all actions to which
said Supreme Court Rule applies.
DEFINITIONS
Mediation: Mediation is a cooperative process for resolving conflict with the assistance of a trained court appointed neutral third party, or mediator, whose role is to facilitate communication, help define issues, and assist the parties in identifying and negotiating fair solutions. Fundamental to the mediation process are principles of safety, self-determination, procedural informality, privacy and confidentiality. Mediation is based on a full disclosure of all facts related to the disputes so that a fair and equitable agreement can be achieved by the parties.
Impediment: As used herein, “impediment” is defined as any condition, including but not limited to domestic violence or intimidation, substance abuse or mental illness, the existence of which, in an individual or in a relationship, hinders the ability of any party to negotiate safely, competently and in good faith. The identification of forms of impediment is designed not to require treatment, but to insure that only parties having a present, undiminished ability to negotiate are directed by court order to mediate.
Trial Judge: As used herein, the term “trial judge” is defined as any judge considering or making referral to mediation, making settings or conducting proceedings pursuant to this program rule, or making ruling upon an agreement reached through mediation conducted pursuant to this program rule.
Indigent Case: As used herein, the term “indigent case” is defined as a case for which mediation is required pursuant to this program and in which, based upon the financial information required by the trial judge, each of the adult parties, considered as if he or she and the other adult party and all dependents of either adult party living with either adult party were an intact family unit, is an “indigent person” under the standards set forth in 735 ILCS 5/5-105(2).
Referral: As used herein, the term “referral” is defined as entry of a Judicial Mediation Order or a Non- Judicial Mediation Order by a trial judge.
SUMMARY OF JUDICIAL MEDIATION COMPONENT OF PROGRAM
Judicial mediation is mediation conducted pursuant to this Rule in indigent cases or on temporary issues by a
mediation-trained judge assigned by the Chief Judge following referral of the case by the trial judge. If
agreement is reached and the mediating judge finds that it could reasonably be in the best interest of the
child, the mediating judge enters a binding but non-operative provisional order, containing all terms of the
agreement, which is presented to the trial judge for approval and effectuation. No mediation fees are
charged for judicial mediation.
SUMMARY OF NON-JUDICIAL MEDIATION COMPONENT OF PROGRAM
Non-judicial mediation is mediation conducted pursuant to this Rule on a paid or pro bono basis by a private
mediator approved by the Chief Judge and appointed by the trial judge. If agreement is reached, the parties
prepare a written agreement for approval by the trial judge.
ARTICLE I. PROVISIONS APPLICABLE TO JUDICIAL AND NON-JUDICIAL MEDIATION
When used in this Article I. without qualification, the term “mediator” shall refer to both judicial and private mediators, and the term “mediation” shall refer to both judicial and non-judicial mediation.
A. Permissible Scope of Mediation; Mediation Scheduling
1. By agreement of the parties and the mediator, mediation may include issues other than parental
responsibility, custody, parenting time/visitation, removal or access to children. However, each
mediation conducted pursuant to this program shall include and assign high priority to resolution of
such required issues.
2. The mediator shall determine the dates, times, locations and numbers of mediation sessions in a
mediated case; provided, that to the extent practicable, such settings shall be reasonably convenient
to the parties.
3. The setting for the initial mediation session in a case shall be within 30 days after receipt of notice
of assignment and receipt of case materials by a mediating judge and within 30 days after receipt of
notice of appointment by a non-judicial mediator. Notice of such setting shall be given by the
mediator at least 10 days in advance of the session by mailed or faxed notice to the parties and
counsel and the Circuit Clerk at addresses or fax numbers set forth in pre-mediation questionnaires.
B. Mandatory Participation; Duration of Mediation
1. Parties referred to mediation must fully cooperate with the mediator and participate in mediation
in good faith. Parties shall provide all pertinent information and documentation requested by the
mediator.
2. Mediation shall be for a period of four hours or until the mediator determines that the mediation
has terminated, whichever occurs first; provided, that by agreement of the parties, or upon
determination by the mediator of good cause, mediation may be extended in duration.
C. Disclosure of Impediments; Disqualification From Mediation
1. The parties shall advise the trial judge as soon as practicable concerning impediments to mediation
or other circumstances which could unreasonably interfere with mediation.
2. Reason to believe that impediments exist should, whenever practicable, result in measures which address the impediment(s) rather than disqualification of cases from mediation. However, mediation shall not be required if the court, with or without hearing but upon motion supported by affidavit, finds that a case should not be mediated because of impediment or other circumstances.
D. Mediation Prerequisites; Filing Deadlines
1. Unless made at an expedited initial case management conference as referred to below, referral to
mediation pursuant to this program shall not be made prior to:
(a) filing of completed pre-mediation questionnaires (in form provided by the Chief Judge),
with respect to judicial or non-judicial mediation; and
(b) completion of the Children First parent education program unless later completion is
approved by the trial judge, with respect to judicial or non-judicial mediation; and
(c) a finding by the trial judge that there is no apparent impediment or other circumstance which, in
the trial court’s discretion, disqualifies the case from mediation, with respect to judicial or non-
judicial mediation; and
(d) filing of completed financial affidavit forms required by the trial judge.
2. Unless referral to mediation is sooner made, the parties shall file completed pre-mediation
questionnaires and required financial affidavits at least 7 days before the Initial Case Management Conference required by Illinois Supreme Court Rule 923.
E. Timing of Referral; Mandatory Referral
1. At any time after fulfillment of prerequisites set forth in D.1. above, a trial judge may, upon
request of either party or at the judge’s initiative, refer a qualified case for mediation.
2. Unless an agreement regarding custody or a parenting plan or both has been filed in a case subject to this program prior to the Initial Case Management Conference required by Illinois Supreme Court Rule 923, such case shall be referred to mediation by a trial judge during the course of such conference.
F. Temporary Relief; Expedited Proceedings; Referral to Early Mediation
1. Upon the filing, prior to initial case management conference and referral to mediation, of any
pleading for temporary relief concerning contested issues of parental responsibility, custody,
parenting time/visitation, removal, or access to children except a sworn pleading based upon
asserted present or threatened serious endangerment to the physical or emotional health of the
child(ren), the Clerk shall, instead of setting said pleading for hearing, set an expedited initial case
management conference to be held within 14 days with parties and counsel in attendance.
2. In the absence of agreement on temporary issues, the trial judge presiding at an expedited case
management conference may:
(a) set hearing upon the request for temporary relief; or
(b) refer the case to early mediation on such temporary issues.
3. Referral to judicial mediation on temporary issues may be made in non-indigent cases if no
qualified private mediator is available to mediate within a time period determined by the judge to be
reasonable under the circumstances. A judicial mediator who has mediated temporary issues in a
non-indigent case shall be authorized, though not required, to conduct further judicial mediation in
that case.
G. Referral To Judicial Or Non-Judicial Mediation
1. If, as of the time of referral to mediation, the trial judge finds a case to be an indigent case, the
trial judge shall refer the case to judicial mediation unless:
(a) the parties jointly request and agree to pay for non-judicial mediation and the court finds that
financial resources for payment are available to the parties; or
(b) upon inquiry by the trial judge, it is determined that a private mediator is available to conduct
non-judicial mediation on a pro bono basis or on a reduced-fee basis commensurate with the parties’
ability to pay.
2. If, as of the time of referral to mediation, the trial judge finds the case is not an indigent case or
finds that circumstance set forth in either 1.(a) or (b) exist, the trial judge shall refer the case to non-
judicial mediation.
H. Continued Case Management Conference; Deferral of Assignment of Mediator
1. A Judicial Mediation Order or Non-Judicial Mediation Order may contain a setting for a
continued case management conference when settlement appears imminent.
2. If a Judicial Mediation Order contains setting for such conference, the trial judge may either
request assignment of a judicial mediator within said order or defer the making of such request
pending such conference. Every request for assignment of a judicial mediator shall be contained in a
written order.
3. If a Non-Judicial Mediation Order contains setting for such conference, the trial judge may either appoint a private mediator at the time of entry of such order or defer appointment of a mediator pending such conference.
I. Restriction Upon Litigation or Filings During Mediation
1. Upon entry of a Judicial Mediation or Non-Judicial Mediation Order, proceedings in the case
other than continued case management conferences, mediation, discovery, or presentation of
settlements or agreed orders shall be stayed pending the conclusion of the 30-day post-mediation
case management conference; and hearing shall not be held sooner on contested matters without
leave of court granted for good cause pursuant to written motion.
2. After a Judicial Mediation or Non-Judicial Mediation Order has been entered in a case, and until
mediation sessions have concluded in that case, no party shall, without leave granted by the trial
judge, file any pleading relating to issues to be mediated except:
(a) documents required to be filed for purposes of mediation; and
(b) pleadings as to which stipulation is being made or agreement has been reached as to all matters
therein; and
(c) sworn pleadings based upon asserted present or threatened serious endangerment to the physical
or emotional health of the minor(s) or a party to the litigation based upon asserted facts or
circumstances which have arisen subsequent to entry of the Judicial Mediation Order or of which the
pleading party could not have known prior to entry of said order; and
(d) motions for leave to withdraw as counsel for a party; and
(e) discovery requests and responses.
3. The foregoing restrictions shall apply to discovery enforcement proceedings.
4. Any party filing a pleading such as referred to in 2.(c) or (d.) above shall immediately cause such
pleading to be presented to the trial judge; and the trial judge shall determine setting of hearing on
such pleading or any pleading for which leave to file has been granted.
J. Reporting Risk of Bodily Harm
While mediation is in progress, the mediator may report to an appropriate law enforcement agency any
information revealed in mediation necessary to prevent an individual from committing an act that is likely to
result in imminent, serious bodily harm to another. When the identity of an endangered person is known to
the mediator, the mediator may warn that person and his attorney of the threat of harm; such notification
shall not be considered a breach of confidentiality mandated by this rule.
K. Statistical Reporting
1. Statistics: Each mediator shall prepare a statistical report for each case on a prescribed form and
file all such reports with the Trial Court Administrator at least quarterly.
2. Reports to the Supreme Court: The Trial Court Administrator or his/her designee shall provide for the maintenance of records of mediations conducted pursuant to this program. The information shall include the number of mediations conducted, the number of mediations resulting in an agreement and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office once per year or at such other interval as may be directed.
L. Ruling By Assigned Judge
To the extent practicable, ruling upon a provisional order entered pursuant to judicial mediation or upon an
agreement reached pursuant to non-judicial mediation should be made by the judge assigned to that
particular case. However, such ruling may be made by another judge as necessary to comply with the
Supreme Court's requirement that a post-mediation case management conference be held within 30 days after
conclusion of mediation.
ARTICLE II. JUDICIAL MEDIATION PROGRAM AND PROCEDURES
A. General Provisions
1. A mediating judge may, prior to or during the course of mediation, and for the purpose of
successful mediation, discuss a mediation or matters pertaining to a mediation with (1) any party or
counsel for any party to the subject case, or (2) for the purpose of enhancing mediation effectiveness
in a particular case, any third party not involved with the subject case in any respect provided the
mediating judge does not disclose to such third party the identity of any party to the subject case.
2. The mediating judge may appoint a guardian ad litem or child representative for a minor for
purposes of judicial mediation upon finding that the mediating judge will otherwise be without
sufficient information to determine whether or not to enter a provisional order pursuant to
agreement. The mediating judge shall notify the trial judge of such appointment. Such guardian ad
litem or representative shall serve until discharge by the trial judge, who shall determine fees for such
guardian ad litem or representative and allocation of the parties’ responsibility for payment of same.
3. The mediating judge may electronically record those portions of a mediation in which any
agreement of the parties is being stated or affirmed, but shall seal and exclusively retain any such
recordings upon conclusion of mediation in any assigned case and may destroy any such recordings.
4. No statements made by the mediating judge during or for purposes of a mediation, except for
electronic recordings of statements of terms of agreements reached, shall be admissible for any
purpose in the subject case or any litigation between the subject parties or their minor children.
5. No statements made to or in the presence of a mediating judge by any person during or for
purposes of a meeting shall be admissible for any purpose in the subject case or any litigation
between the subject parties or involving their minor children; except that electronic recordings of
statements of a party to mediation shall be admissible for the purpose of determination of any issue
as to whether or not a provisional order entered by a mediating judge accurately reflects the
existence, scope and terms of an agreement pursuant to judicial mediation. Provisional orders shall
also be admissible for purpose of such determination.
6. A mediating judge may not be called as a witness in any judicial proceeding with respect to a judicially-mediated case except for the purpose of authenticating his or her signature to a provisional
order or authenticating an electronic recording made by the mediating judge and sought to be
admitted for the limited purposes set forth above.
7. The Chief Judge of the Circuit or his designee shall identify judges qualified to be mediating judges. Qualified judges shall:
(a) Have successfully completed specialized training in family mediation, consisting of a specific course of study of at least 40 hours and including study in the areas of parenting arrangements, emotional issues, effective conflict management, domestic violence and mediation techniques;
(b) In the determination of the Chief Judge, be qualified by the terms of Illinois Supreme Court Rule
908 to conduct child custody proceedings.
8. No case shown by the record sheet or otherwise known to have been acted upon by a judge in any way other than judicial mediation or scheduling shall be assigned to that judge for judicial mediation until and unless all adult parties have signed and filed written waivers of this provision which affirmatively request judicial mediation with that judge.
B. Procedures Following Referral And Prior to Judicial Mediation
1. Upon entry of an order requesting assignment of a mediating judge, the Clerk shall immediately
send copies of said order to the Chief Judge and to counsel for represented parties and to all parties
(at their addresses as set forth in the pre-mediation questionnaires) whether pro se or represented.
2. Upon receipt of an order requesting assignment of a mediating judge, the Chief Judge shall assign
a mediating judge to conduct judicial mediation in the case, forward to such mediating judge a copy
of said order together with notice of assignment in the case, and cause notice of such assignment
and the identity of the mediating judge to be transmitted to the Clerk of the court in which the case
is pending.
3. Upon receipt of a notice of assignment of mediating judge, the Clerk shall:
(a) Immediately mail copies of such notice to counsel and all pro se and represented parties in the
case; and
(b) Mail or fax to the Mediating Judge copies of the following:
i. The Judicial Mediation Order and any subsequent orders;
ii. Record sheets and all pleadings in the case;
iii. All filed discovery material and all filed financial affidavits;
iv. Completed pre-mediation questionnaires (containing, among other items, domestic
violence-related inquiries); and
v. All settlement conference memoranda filed in the case.
4. Upon notification of assignment and receipt of case materials from the Clerk, the mediating judge
shall examine such materials and preliminarily determine whether or not circumstances exist which,
in the judgment of the Mediating Judge, require recusal of the Mediating Judge or present an
impediment to mediation.
(a) If the mediating judge recuses himself or herself from mediation of the case, the Chief Judge or his or her designee shall appoint another qualified judge to conduct judicial mediation in the case.
(b) If the mediating judge determines that an impediment to mediation or other circumstance exists
such that mediation should not take place, the mediating judge shall make a written finding of
disqualification by order or record entry and proceedings in the case shall resume in the trial court
without mediation.
5. Unless the mediating judge recuses himself or disqualifies the case from mediation, the mediating judge shall set a mediation session and give required notices for same.
C. Conduct of Judicial Mediation
1. Judicial mediation shall be conducted by the mediating judge with the parties; counsel shall not be
present unless directed by the mediating judge to be present. The parties may consult with counsel,
as well as minor children of the parties, prior to entering into any agreement. Any such consultation
should, whenever practicable, occur prior to the conclusion of the judicial mediation session.
2. Minor children of the parties may be interviewed or consulted by the mediating Judge during the
course of mediation. Statements made by such minors to or in the presence of the mediating judge
during the course of mediation need not be disclosed to the parties and shall not be admissible for
any purpose in any litigation involving such minor or minors in any respect.
3. At any time during the judicial mediation, the mediating judge may, by written order or entry,
determine that an impediment to mediation exists and terminate judicial mediation; and, in such
event, proceedings in the trial court shall resume without mediation.
D. Conclusion of Judicial Mediation; Post-mediation Procedures
1. Immediately upon conclusion of judicial mediation pursuant to which no agreement has been
reached, or pursuant to which the mediating judge has disapproved all elements of an agreement
reached by the parties, the mediating judge shall, by record entry or otherwise, notify the court that
judicial mediation in the case has concluded unsuccessfully; and, upon such notification, the Clerk
shall set and notify counsel and unrepresented parties of a post-mediation case management
conference to be conducted by the trial judge within 30 days after conclusion of judicial mediation.
2. In cases in which agreement has been reached on at least one mediated issue and the mediating
judge has found that the agreement could reasonably be in the best interest of the child or children
as to custody/visitation issues and could reasonably be found not unconscionable as to other issues,
the mediating judge shall, within 21 days after conclusion of a mediation, enter and file with the
Circuit Clerk a provisional order which shall contain the agreed terms as to which finding has been
made and shall also specify issues as to which either agreement was not reached or the mediating
judge was unable to make such finding. The mediating judge may require counsel to prepare a
provisional order for entry.
3. Any provisional order containing agreed terms on issues not required by this program rule to be
mediated shall also state any agreement of the parties as to whether or not and to what extent
agreement upon such required issues is severable from agreement on other issues for purposes of
trial court approval.
4. Immediately upon the filing of a provisional order, the Clerk shall:
(a) Set the case for a post-mediation case management conference to be held at least 23 days after
transmittal of provisional order copies to counsel and parties but not more than 30 days after the
date of filing of the provisional order, and
(b) Send copies of the provisional order, including case management conference setting, to counsel
and to all parties whether represented or unrepresented (at the parties' addresses as set forth on their
pre-mediation questionnaires).
5. While a provisional order shall not be effective until co-entry as provided below, the terms and
conditions contained in said order shall be irrevocable by the parties pending action by the trial judge
pursuant to the provisions of Paragraph 7 below. The mediating judge may, in his or her discretion,
vacate a provisional order or any portion thereof, and resume judicial mediation for such period as
said judge determines, upon the basis of motion and affidavit filed by a mediating party within 21
days after the Clerk’s transmittal of such provisional order. Said motion and affidavit shall present
evidentiary facts showing that (1) the affiant misunderstood substantial practical or legal implications
of the agreement forming the basis of such provisional order or (2) there exists as to the agreement
underlying the provisional order grounds recognized under Illinois law for rescission of a contract.
6. By agreement of the parties, the mediating judge may, by written order, place all or any of the agreed provisions of a provisional order in immediate effect on a temporary basis pending the trial judge’s determination on the provisional order pursuant to Paragraph 8 below.
7. On the 23rd day after the Clerk’s transmittal of a provisional order to the parties and in the
absence of a motion to vacate such order, the Clerk shall bring the provisional order to the attention
of the trial judge.
8. Upon being presented with a provisional order, the trial judge shall, with or without further
hearing, upon finding that the terms of the provisional order on required issues are in the best
interest of the minor(s) involved, and that agreement on all non-required issues is not
unconscionable, and that the terms of the provisional order are in compliance with Illinois law and should be approved, co-enter such order, in which event it shall become immediately effective. To
the extent that the parties have agreed to severability of agreed issues, the trial judge may consider
such agreements separately. As to all agreed issues on which the trial judge is unable to make
findings required for co-entry, that judge shall vacate the provisional order and it shall be of no
effect and the agreement shall not be enforceable by any party. The trial judge shall then proceed to
determine any remaining issues.
ARTICLE III. NON-JUDICIAL MEDIATION PROGRAM AND PROCEDURES
A. Qualifications/Training of Mediators
1. Requirements: In order to act as a private mediator pursuant to this program rule, a person must
make written application to the Chief Judge and be approved by the Chief Judge or his/her designee.
All applicants for approval must possess the following qualifications:
(a) Formal Education:
(1) a degree in law from an accredited law school or a master’s degree from an accredited
educational institution in a field that includes the study of psychiatry, psychology, social
work, human development, family counseling or other behavioral science substantially
related to family counseling or marriage and family interpersonal relationships or a related
field approved by the Chief Judge or his/her designee; or
(2) A different post-secondary degree from an accredited educational institution together
with mediating experience such that, in the sole determination of the Chief Judge or his/her
designee, that mediator has attained a level of skill and understanding commensurate with
that of other mediators whose names appear on the approved mediator list; and
(b) Licensure: If engaged in a licensed discipline related to the mediator’s qualifications pursuant to
A.1. above, such license must be in effect; and
(c) Training: completion of a specialized training in family mediation consisting of a circuit-
approved course of study or certification, to consist of at least 40 hours in the following areas:
(1) Conflict resolution
(2) Psychological issues in separation, dissolution and family dynamics
(3) Issues and needs of children in dissolution
(4) Mediation process, skills and techniques, and
(5) Screening for and addressing domestic violence, child abuse, substance abuse and mental
illness.
(d) Additional Application Information: The Chief Judge or his/her designee in his/her discretion
may require, as part of an application, any biographical or other relevant information from an
applicant in order to determine whether or not the applicant should be approved.
2. Unless rejected for good cause, an application other than one based in part upon criteria set forth in 1.(a)(2) above shall be approved by the Chief Judge or his/her designee.
B. Establishment of Approved Mediator List; Rejection; Removal; Appeal
1. The Judicial Circuit shall establish a list of court-approved mediators.
2. Inclusion on the list by the court shall not be considered a warranty that a mediator can
successfully mediate any specific dispute; however, it does indicate explicit agreement by that
mediator that he or she will comply with the provisions of this program rule and maintain high
standards of ethical practice.
3. If engaged in a licensed discipline related to the mediator’s qualifications pursuant to A.1. above,
the mediator must maintain such license in full force and effect in order to remain on the approved
mediator’s list.
4. In order to remain on the approved mediator’s list, a mediator must, every two (2) years, complete
ten (10) hours of circuit-approved continuing education of which two (2) hours must cover domestic
violence issues, and provide evidence of completion to the Chief Judge.
5. In addition to removing a name from the approved mediator list pursuant to 3. or 4. above, the
Chief Judge or his/her designee may remove the name of any mediator from the list for other good
cause.
6. A denied applicant other than one seeking approval pursuant to A.1.(a)(2) above, or a mediator removed from the court-approved list, may appeal the decision in writing within ten (10) days to the Chief Judge or his/her designee. The Chief Judge or his/her designee shall decide the appeal after an opportunity for the applicant or mediator to be heard.
C. Pro Bono Requirement
Each court-approved mediator shall agree to mediate no fewer than two reduced fee or pro bono cases per
year as assigned by the Court.
D. Compensation
The mediator shall be compensated by the parties at the rate agreed to by the parties and the mediator.
Within the Non-Judicial Mediation Order or by separate written order, the trial judge shall designate what
percentage of the mediation fee should be paid by each party and/or whether the case should be considered a
reduced fee or indigent case.
E. Appointment of Mediator; Status Date and Report; Notice of Mediation Session
1. At the time of referral to mediation, the parties may select an agreed-upon mediator from the list
of approved mediators maintained by the Chief Judge or his/her designee. Absent such an
agreement, the trial judge shall select the mediator from such list.
2. Within the Non-Judicial Mediation Order or by separate written order, the trial judge shall
appoint the selected mediator and assign the mediator a 45 day status date on the issue of progress
of the mediation.
3. Upon appointment of the mediator by the trial judge, the Circuit Clerk shall mail or fax to the
mediator the following documents from the case file:
a. The pleading(s) in dispute;
b. All record sheets;
c. All financial affidavits; and
d. Completed pre-mediation questionnaires.
4. The parties shall contact the mediator within two (2) days after his or her appointment. The
mediator shall then give required notices of an initial mediation session.
F. Conflict of Interest
1. If the mediator appointed has or had any possible conflict of interest, including but not limited
to, a current or previous therapeutic, personal or economic relationship with the mother, father,
child, sibling, step parent, grandparent, household member, counsel or anyone else directly involved
in the case, he or she shall disclose same to counsel and any unrepresented parties to the case and
shall decline the appointment or discontinue mediation of the case in the absence of written waiver
of conflict signed by both adult parties to the case; provided, that a mental health professional shall
under no circumstances mediate a case in which a party or subject child:
a. is being provided counseling or therapy by said professional; or
b. has been provided counseling or therapy by said professional within two years prior to
said professional’ selection or appointment as mediator; or
c. has been provided counseling or therapy by said professional within any greater time
period required by the ethical rules pertaining to the professional’s practice.
2. If a mediator declines the appointment or discontinues mediation, the parties may select or the
court shall appoint another mediator.
3. An attorney mediator may not represent either party in any matter during the mediation process or in a dispute between the parties after the mediation process, and shall not provide legal advice.
G. Confidentiality and Privilege
1. Privacy of Sessions: Mediation sessions shall be private. Except as otherwise provided in
Paragraph H.8. below, the mediator shall have authority to exclude all persons other than the parties
and their accompanying counsel from sessions at which negotiations are to occur.
2. Uniform Mediation Act: Confidentiality and privilege are governed by the Illinois Uniform
Mediation Act, 710 ILCS Act 5 et seq.
3. Confidentiality: Except as otherwise provided by law, all written and verbal communications made
in a mediation session conducted pursuant to these rules are confidential and may not be disclosed
by the mediator or any other participant or observer of the mediation, except that the parties may
report these communications to their attorneys or counselors. Prior to the commencement of
mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by
these rules.
(a) Limitation of Disclosure: Admissions, representations, statements and other communications
made, or disclosed in confidence by any participant in the course of mediation session shall not be
admissible as evidence in any court proceeding. Except as identified herein, a mediator may not be
called as a witness in any proceeding by any party or by the court to testify regarding matters
disclosed in a mediation session, nor may a party be compelled to testify regarding matters disclosed
during a mediation session as to privileged communications. These restrictions shall not prohibit any
person from obtaining the same information independent of the mediation, or from discovery
conducted pursuant to law or court rule.
(b) Exceptions: Admissions, representations, statements and other communications are not
confidential if:
(1) all parties consent in writing to the disclosure; or
(2) the communication reveals either an act of violence committed against another during
mediation, or an intent to commit an act that may result in bodily harm to another; or
(3) the communication reveals evidence of abuse or neglect of a child; or
(4) non-identifying information is made available for research or evaluation purposes
approved by the court; or
(5) the communication is probative evidence in a pending action alleging negligence or
willful misconduct of the mediator.
H. Commencement of Mediation
At or prior to the initial mediation session, the mediator shall:
1. Determine the issues to be mediated;
2 . Explain that no legal advice, therapy or counseling will be provided;
3. Disclose the nature and extent of any existing relationships with the parties or their attorneys and
any personal, financial, or other interests that could result in bias or conflict of interest on the part of
the mediator;
4. Inform each party of his/her right to obtain independent legal counsel;
5. Inform the parties that:
(a) mediation can be suspended or terminated at the request of either party after four (4) hours of mediation in the absence of good cause for extension, or in the discretion of the mediator.
(b) the mediator may suspend or terminate the mediation if an impediment exists, if either party is acting in bad faith or appears not to understand the negotiation, the prospects of achieving a responsible agreement appear unlikely, or if the needs and interests of the minor children are not being considered. In the event of a suspension or termination, the mediator may suggest a referral for outside professional services.
6. Explain that the mediation process is confidential as outlined in Paragraph G.3. above; Confirm
the parties’ understanding regarding the fee for services and any reduced fee arrangements for
eligible parties with financial hardship;
7. Advise each party that the mediator may communicate with either party or legal counsel during
mediation sessions for the purpose of fostering agreement. The fact and general substance of any
separate communication which does occur shall be disclosed to the other party or that party’s
counsel at the first opportunity; and
8. Advise each party that persons other than the parties and legal counsel may be present and
available for consultation during mediation only if both parties and the mediator agree in advance;
and
9. 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, and that each parent or the child’s representative or guardian ad litem, if applicable, has the right to withhold consent.
I. Status Report
Unless mediation has sooner terminated, the mediator shall, on or before the status date set by the trial judge, file with the Circuit Clerk a status report describing the progress of mediation in general terms and containing all information required by Paragraph L below and then available to the mediator.
J. Application of Safeguards In Case of Impediment; Termination; Sanctions
1. Duty to Assess: While mediation is in progress, the mediator shall assess continuously whether
the parties manifest any impediments affecting their ability to mediate safely, competently and in
good faith.
2. Safety: If an impediment affecting safety arises during the course of mediation, the mediator shall
adjourn the session to confer separately with the parties, may implement appropriate referrals to
community service providers, shall advise the parties of their right to terminate and either shall:
(a) Terminate mediation when circumstances indicate that protective measures are
inadequate to maintain safety; or
(b) Proceed with mediation after consulting separately with each party to ascertain whether
mediation in any format should continue.
3. Competency or Good Faith: If an impediment affecting competency or good faith, but not safety,
arises during the course of mediation, the mediator may make any appropriate referrals to
community service providers and either:
(a) Suspend mediation when there is a reasonable likelihood the impaired condition of an
affected party is only temporary; or
(b) Terminate mediation when circumstances indicate an affected party’s ability to negotiate
cannot be adequately restored.
4. With or without agreement, and regardless of impediment, the mediation may be terminated at the
discretion of the mediator or the trial judge at any time.
5. Effect of Termination: No mediation terminated shall proceed further unless ordered by the court upon motion of a party. In the absence of such an order, the case shall be returned to the docket for adjudication in the manner prescribed by law.
6. Notice of Termination: The mediator shall immediately advise the trial judge in writing if the
mediator suspends or terminates mediation for some reason other than agreement or inability to reach agreement, and shall specify the reason for such termination.
7. If a party fails to appear without good cause at a previously- agreed or noticed mediation session, the trial judge may, upon motion, impose sanctions, including an award of mediator and attorney fees and other costs.
K. Mediator’s Account Following Agreement
1. When agreement or partial agreement is reached by the parties during mediation, the mediator
shall provide a written account of the agreement to the parties and their attorneys (if any), but the
mediator shall not provide this written account to the court.
2. The mediator shall advise each party to obtain legal assistance in drafting or reviewing any final agreement. The mediator shall advise the parties that agreements reached during mediation will not be legally binding until they are reviewed by the court and signed by the judge.
L. Final Reporting Procedures; Post-Mediation Case Management Conference
1. Final Mediator’s Report: Within ten (10) days of the termination of the last mediation session with
or without agreement and for any reason, the mediator shall file with the Circuit Clerk a Final
Mediator’s Report, on form provided by the Chief Judge, stating the date of termination, the reason
for termination, and whether or not agreement was reached on any mediated issues, and specifying
any issues as to which agreement was reached. The report shall not specify reasons for inability of
the parties to reach agreement.
2. Upon filing of a Mediator’s Report, the circuit clerk shall set the case for a post-mediation case management conference to be held within 30 days after such filing and notify counsel and unrepresented parties of said setting.
M. Appointment of Child Representative/G.A.L.
If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best
interests of the minor, the mediator shall recommend to the court in the Final Mediator’s Report that a child
representative or guardian ad litem be appointed for the minor(s).
N. Entry of Judgment or Order
1. Presentation of Order: Each mediated agreement shall be presented by the parties or their
attorneys (if any) to the court at or prior to the post-mediation case management conference.
2. Approval by Court: The court shall examine the parties as to the content and intent of the
agreement and shall reject the agreement if any of its provisions are found by the court to be
unconscionable or contrary to the best interests of a minor child. Unless the agreement is rejected,
the court shall enter an appropriate judgment or order stating its findings and shall incorporate,
either explicitly or by reference, the agreement so the terms of such agreement are also the terms of
the judgment or order.
O. Immunity of Mediators
Any person approved to act as a mediator under these rules, while acting within the scope of his or her duties
as a mediator, shall have judicial immunity in the same manner and to the same extent as a judge in the State
of Illinois, as provided in Supreme Court Rule 99(b)(1) and Rule 905(b).
P. Applicability of Uniform Mediation Act
Non-judicial mediation pursuant to this program rule is subject to the provisions of the Uniform Mediation
Act, 710 ILCS 35/1 et. seq..
RULE 22. ATTORNEY QUALIFICATIONS IN CHILD CUSTODY MATTERS
A. The Second Judicial Circuit shall maintain a list of approved attorneys qualified to be
appointed in child custody and visitation matters covered under Section IX of the Supreme
Court Rules as guardians ad litem, child representatives, or attorneys for children.
B. In order to qualify for the approved list, each applicant for the list shall meet the following
minimum requirements:
- Each attorney shall be licensed and in good standing with the Illinois Supreme
Court.
- Each attorney shall have attended the education program created by the Illinois
State Bar Association for education of attorneys appointed in child custody cases
or equivalent education programs consisting of a minimum of ten hours of
continuing legal education credit within the two years prior to the date the
attorney qualifies to be appointed.
- To remain on the approved list, each attorney shall attend continuing legal
education courses consisting of at least ten hours every two year period and
submit verification of attendance to the Office of the Chief Circuit Judge at the
time of attendance or upon request. The ten hours should include courses in child
development; ethics in child custody cases; relevant substantive law in custody,
guardianship and visitation issues; domestic violence; family dynamics including
substance abuse and mental health issues; and education on the roles and
responsibilities of guardians ad litem, child representatives, and attorneys for
children. Attendance at programs sponsored by this circuit may be included as a
portion of this continuing education requirement.
- Each attorney must complete the Child Representative Information Sheet
provided by this circuit and return it with a statement or other verification of
attendance at continuing education.
- Each attorney must adhere to the minimum duties and responsibilities of attorneys
for minor children as delineated in Supreme Court Rule 907.
C. Each attorney placed on the approved list and appointed shall be paid by the parties to the
litigation as ordered by the judge handling the file or as agreed between the litigants. The
costs for the appointed attorneys shall be paid as ordered and the court may enforce the
orders and judgments as in other proceedings, including the imposition of sanctions.
D. In the event the court deems it is in the best interests of the child or children to have an
attorney appointed in a proceeding under Section IX of the Supreme Court Rules but finds
that the parties are both indigent, the court may appoint an attorney from the approved list to
serve pro bono.
E. The Chief Judge and/or the Presiding Judge of the Family Division shall maintain the list of
the approved attorneys and shall rotate the appointment of pro bono representations.
F. Each attorney on the approved list for the Second Judicial Circuit shall only be required to
accept one pro bono appointment each calendar year.
G. The Chief Judge of this Circuit maintains the authority to remove any attorney from the list
of approved attorneys based upon the failure to meet the listed qualifications or for good
cause, including the failure of any appointed attorney to perform as provided in Supreme
Court Rule 907.
