Rules of Practice - 5th Judicial Circuit of Illinois


Rule VIII.

Special Rules Pertaining to Matrimonial Cases

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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:

a)

Each attorney shall be licensed and in good standing with the Illinois Supreme Court

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.

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.

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.

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)