Ill. R. Cir. Ct. Lake Cnty. 6-2.03

As amended through September 23, 2024

Rule 6-2.03 - Petition and Hearing for Authorization or Renewal

A.Civil Surety. To obtain authorization or renewal to act as a civil surety in the Court, the applicant shall file a Verified Petition for Authorization stating that the Petitioner has complied with all applicable laws and regulations. There shall be attached to the Petition:

1. A certified copy of the license issued to the Petitioner, attested by the Director of Insurance;

2. A verified statement of its assets and liabilities at the close of business on the thirty-first day of December of the preceding year or at any subsequent date prior to the filing of the Petition;

3. Powers of attorney or certificates of authority for all persons authorized to execute bonds for the Petitioner in the Court.

4. A verified schedule of all actions pending in any court against the Petitioner at the time of the filing of the Petition upon bonds executed by it in the courts of record in Illinois; the schedule shall state the title and number of the action, the names of the attorneys of record, the amount claimed, the nature of the claim, and the reasons for contesting the claim; and

5. A verified schedule of all claims of liability, not the subject of any pending action, which have been made against the Petitioner and are undischarged at the time of the filing of the Petition, upon bonds executed by the Petitioner in the Court of record in Illinois; the schedule shall state the name of the Claimant, the amount claimed, the nature of the claim and the reasons for contesting the claim.

B.Foreign Acknowledgments. Acknowledgments and affidavits presented under LCR 6-2.03 which have been executed outside the State shall be accompanied by a certificate of the proper keeper of records, under the seal of the keeper of records' office, stating that the person before whom the acknowledgment was made or by whom the oath was administered was duly authorized to take acknowledgments or to administer oaths, and that that person's signature is believed to be genuine.

C.Notice. Upon the filing of the Petition, the Court, upon Motion, will set the Petition for hearing before the Presiding Judge of the Law Division. The Clerk of the Circuit Court shall then publish Notice in a newspaper of general circulation in the county of the pendency of the Petition showing the date set for hearing.

D.Objection. Any person may file written objections to the Petition not less than ten days before the date set for hearing, stating the reasons why the Petition should not be allowed. The Petitioner may file his Answer to the objections not later than five days before the date set for hearing. A copy of the objections shall be served upon the Petitioner, and a copy of the Answer shall be served upon the objector, not later than the time of the respective filings.

E.Hearing. The Petitioner and the objector may introduce evidence at the hearing. If the Court finds that the Petitioner has not complied with LCR 6-2.03 or that the Petition should be disallowed, the Petitioner shall be disqualified from acting as surety in the Court until further Order of the Court.

F.Change of Agents. A civil surety may file a supplemental Petition to change the persons authorized to execute bonds on its behalf.

Ill. R. Cir. Ct. Lake Cnty. 6-2.03

Amended effective 6/5/2017.