Rules of Practice - 5th Judicial Circuit of Illinois
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Rule VIII. |
Special Rules Pertaining to Matrimonial Cases |
INDEX » Rules of Practice |
A. Matrimonial Cases Defined
For purposes of this rule, matrimonial cases are defined as any proceeding for an
order or judgment relating to dissolution, legal separation or invalidation of marriage,
including all ancillary proceedings
B. Record of Proceedings
In any proceeding for entry of judgment of dissolution, separate maintenance or
annulment, the testimony shall be recorded.
C. Financial Affidavit
(1) Affidavit of Moving Party
In all proceedings involving petitions for attorneys fees, court costs, maintenance,
support and/or custody of children and modification of any previous orders relating
thereto, the moving party shall prepare a financial affidavit, including a financial
computation of arrearage if alleged due ( Suggested form Appendix D) with proof of
service, pursuant to Supreme Court Rule 11, which shall be on file showing service not
less than 10 days prior to the hearing unless for good cause shown the Court otherwise
directs. Unless otherwise ordered, the financial affidavit of the moving and
responding party shall not be filed, but copies of same shall be provided to the
court at least three (3) days prior to hearing. financial affidavit
(2) Affidavit of Responsive Party
The party responding to said petition shall prepare a financial affidavit
(suggested Form, Appendix D), with proof of service on file (Suggested Form,
Appendix C), not less than five days following service of the moving party's
financial affidavit, including a computation of arrearage if alleged due.
(3) Failure to File Affidavit
Failure to timely file an affidavit as required in (1) or (2) above shall subject the
party failing to prepare and serve to sanctions by the Court which shall, at the court's
discretion, include the following: continuance of the hearing with award of attorneys fees
and costs to the non-violating party.
(4) Sealing of Affidavits
In
the event any financial affidavits are filed, they shall be sealed until further
order of the court.
D. Support Payments
Unless otherwise ordered, support payments shall not be
made directly between the parties.
E.
Acknowledgment of Non-Client's Signature
No attorney or employee of his or her firm may
acknowledge the signature of an opposing party on any pleading or entry of
appearance.
F. Coordination of Child Custody
Proceedings
In accordance with Supreme Court Rule 903, whenever
possible and appropriate, all child custody proceedings relating to an
individual child shall be conducted by a single judge. Whenever a child custody
proceeding (as defined in Rule 900 of the Supreme Court Rules) is filed, and
there is a child custody matter already pending before another judge involving
the same child, the judges involved and the Presiding Judge shall confer as
often as needed to determine which court(s) shall control and hear said issues
and shall consider the impact of such orders on siblings, relatives and parties
in each case as well as whether consolidation of such cases may be impracticable
because of the arrangement of courtrooms, facilities and assignments of
auxiliary court personnel.
G. Attorney Qualifications and
Education in Child Custody Proceedings
(1) The 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.
(2) In order to qualify for the approved list, each applicant for the list shall
meet the following minimum requirements:
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a) |
Each attorney shall be licensed and in good standing with the Illinois Supreme Court |
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b) |
Each attorney shall have attended an 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 10 hours of continuing legal education credit within two years prior to the date the attorney qualifies to be appointed. |
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c) |
To remain on the approved list, each attorney shall attend continuing legal education courses consisting of at least 10 hours every two year period and submit verification of attendance to the Office of Chief Circuit Judge at the time of attendance or upon request. The 10 hours should include courses in child development, ethics in child custody cases, relevant and substantive law in custody, guardianship and visitation issues; domestic violence; family dynamics including substance abuse and mental health issues; and education other 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. |
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d) |
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. |
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e) |
Each attorney must adhere to the minimum duties and responsibilities of attorneys for minor children as delineated in supreme Court Rule 907 |
RULE VIII - Special Rules Pertaining to Matrimonial Cases (page 1 of 1)
(3) 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.
(4) In the event the court deems it in the best interest of the child or
children to have an attorney appointed under Section IX of the Supreme Court
Rules but finds the parties are both indigent, the court may appoint an
attorney from the approved list to serve pro bono.
(5) The Chief Judge and/or the presiding Judge shall maintain the list of
the approved attorneys and shall rotate the appointment of pro bono
representatives.
(6) Each attorney on the approved list for the circuit shall only be
required to accept one pro bono appointment each year.
(7) The Chief Judge of this circuit maintains the authority to remove any
attorney from the list of approved attorneys based on a 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.
H. Parenting Education
In accordance with Supreme Court Rule 924, the parties
in all dissolution of marriage cases involving a child and all parentage cases,
except when excused by the court for good cause shown, shall attend a complete
and approved parenting education program within 60 days after the initial case
management conference and file with the court a certificate attesting to that
parent's successful completion of the program.
RULE VIII - Special Rules Pertaining to Matrimonial Cases (page 2 of 2)