Circuit Court of Boone County, Illinois (17th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for felony offenses issued in Winnebago County may be served nationwide.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Felony offenses CF Nationwide

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for misdemeanor domestic battery, violation of an order of protection, and DUI offenses issued in Winnebago County may be served in Illinois, Wisconsin, Indiana, and Iowa.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: Misdemeanor offenses of Domestic Battery, Violation of Order of Protection and DUI CM Within Illinois, Wisconsin, Indiana and Iowa

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for other criminal and misdemeanor offenses issued in Winnebago County may be served in Winnebago, Boone, DeKalb, Lee, McHenry, Ogle, and Stephenson Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All other criminal and Misdemeanor offenses other than specified above CM, DV, DT, MT, TR, OV, QC, DV, CL, CC, and MX Within Illinois Counties of Winnebago, Boone, DeKalb, Lee, McHenry, Ogle, and Stephenson

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in civil cases issued in Winnebago County may be served in Winnebago and Boone Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Civil cases L, LA, LM, AR, SC, CH, ED, FC, EV, TX, GC, MC, MR, and MH Within Illinois Counties of Winnebago and Boone

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in family and juvenile cases issued in Winnebago County may be served within Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Family and Juvenile cases GR, PR, AD, D, DC, DN, F, FA, OP, J, JV, JA, and JD Within Illinois

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for felony offenses issued in Boone County may be served nationwide.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Felony offenses CF Nationwide

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for misdemeanor domestic battery, violation of an order of protection, and DUI offenses issued in Boone County may be served in Illinois, Wisconsin, Indiana, and Iowa.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: Misdemeanor offenses of Domestic Battery, Violation of Order of Protection and DUI CM Within Illinois, Wisconsin, Indiana and Iowa

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for other criminal and misdemeanor offenses issued in Boone County may be served in Boone, Winnebago, DeKalb, Lee, McHenry, Ogle, and Stephenson Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All other criminal and Misdemeanor offenses other than specified above CM, DV, DT, MT, TR, OV, QC, DV, CL, CC, and MX Within Illinois Counties of Boone, Winnebago, DeKalb, Lee, McHenry, Ogle, and Stephenson

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in civil cases issued in Boone County may be served in Boone and Winnebago Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Civil cases L, LA, LM, AR, SC, CH, ED, FC, EV, TX, GC, MC, MR, and MH Within Illinois Counties of Boone and Winnebago

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in family and juvenile cases issued in Boone County may be served within Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Family and Juvenile cases GR, PR, AD, D, DC, DN, F, FA, OP, J, JV, JA, and JD Within Illinois

CRITICAL

A warrant or body attachment resulting from a civil case must be vacated if it remains unserved one year after issuance, unless the issuing judge specified a longer expiration date.

Any warrant or body attachment that resulted from a civil case and has not been served within one (1) year from the date the warrant was issued shall be vacated, unless the warrant bears a longer expiration date specified by the issuing judge.

CRITICAL

Contested motions must be served on all parties under Supreme Court Rules.

Contested motions which have been served upon all parties in accordance with Supreme Court Rules shall be heard before the assigned judge by filing a motion slip Appendix F and Appendix G in the office of the circuit clerk, general division, by 12:00 noon of the day before the motion is to be heard. (See General Order 3.02)

CRITICALCriminal cases

Mail service of a subpoena may be proved by the specified return receipt and affidavit, with delivery at least 14 days before compliance is due.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least fourteen (14) days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage enclosed.

CRITICALCriminal cases

Service

Mail to all parties

A copy of the subpoena and notice of service must be mailed first class to appeared parties within 48 hours after issuance.

A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the action:

CRITICALCriminal cases

When a subpoena return date is not a previously scheduled court date, the requesting party must notify all parties of the new return date.

If the return date for the subpoena duces tecum is for other than the next regularly scheduled court date for that case, the party seeking the issuance of the subpoena duces tecum shall specify a court date for the return of the subpoena duces tecum in open court and shall inform the Circuit Clerk of that next necessary court date at the time of the issuance of the subpoena. If the date for the return of subpoena duces tecum is not on a previously set court date, the party requesting the subpoena shall send notice to all parties indicating the new court date set specifically for the return on the subpoena.

CRITICAL

Each party must serve their financial affidavit on the opposing party before any temporary financial hearing.

Each party shall file and serve on the other party his or her Financial Affidavit prior to any temporary financial hearing pursuant to Illinois Supreme Court Rule.

CRITICAL

In contested property division or related modification proceedings, each party must serve a Statement of Assets and Liabilities within 90 days after the original pleading is filed, unless the court and all parties of record agree to waive the requirement.

In all contested proceedings concerning division of property and/or modification of any orders relating thereto, each party shall serve on the other, pursuant to Supreme Court Rules or these rules, a Statement of Assets and Liabilities, substantially as set forth in Appendix V, within 90 days of the filing of the original pleading. The requirements of this rule may be waived by agreement of the court and all parties of record.

CRITICAL

The defaulting party must receive notice of the default hearing 7 to 30 days in advance, unless the court excuses notice for good cause.

Notice of default for entry of judgment for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be given to the defaulting party not less than seven (7) days and not more than thirty (30) days in advance of such default hearing, unless excused by the court for good cause shown.

CRITICAL

Counsel for each party must submit a brief written summary of pending financial issues to the mediator and opposing counsel at least 21 days before the initial financial mediation session.

At least twenty-one (21) days prior to the initial mediation session, counsel for each party shall submit to the mediator and opposing counsel a brief written summary or statement of the pending financial issues.

CRITICAL

Deadline

14 business days

Required reports must be delivered at least fourteen business days before the hearing for which they were prepared.

All reports required by statute or by order of court shall be delivered no later than fourteen (14) business days prior to the date of the hearing for which the report is prepared

CRITICAL

In Winnebago County, deliver the original report and one copy in a sealed, attorney-labeled envelope to the State’s Attorney’s Office reception desk, and deliver other attorneys’ copies to the CASA Office.

In Winnebago County, the original report and one copy shall be delivered in a sealed envelope to the reception desk of the State’s Attorney’s Office located at the Juvenile Justice Center. Copies for all other attorneys of record shall be delivered to the CASA Office located at the Juvenile Justice Center. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.

CRITICAL

In Boone County, deliver the report, the original, and a copy for each attorney of record in a sealed, attorney-labeled envelope to the Juvenile Department of the Circuit Clerk’s office.

In Boone County such reports, including the original and a copy for each attorney of record, shall be delivered in a sealed envelope to the Juvenile Department of the Circuit Clerk’s office. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.

CRITICAL

Deadline

7 business days

Each designated attorney must obtain the reports from the applicable county drop-off location within seven business days before the hearing.

Each designated attorney shall obtain said reports within seven (7) business days prior to said court hearing at the drop off location in each county, detailed above.

CRITICAL

The caseworker must provide enough copies of the report and ACR for all attorneys and the Court.

It is the responsibility of the caseworker to provide enough copies of the report and ACR for all attorneys and the Court.

CRITICALCivil cases

Applies to

Discovery pleading

Service

Personal service

Discovery pleadings may be served personally, and a party filing them must file a notice of filing with proof of service and the specified information.

Discovery pleadings including responsive discovery documents may be served personally or by U.S. Mail. Parties filing discovery pleadings including responsive discovery documents shall file a notice of filing with the clerk of the court with proof of service. The filing of the notice of filing shall be prima facie evidence that the same were served. The notice of filing shall contain the case title and number, date mailed or personally served, the sending and receiving parties, proof of service and shall identify the particular discovery pleading or responsive discovery document served or answered.

CRITICAL

Parties must exchange required virtual-hearing documents and exhibits by 4:30 p.m. three business days before the hearing.

Any Court documents or exhibits required for a virtual hearing shall be exchanged between the parties, courtesy copies to the Court, no later than 4:30 pm three business days before the virtual hearing.

CRITICALCivil cases

Filings required by Rule 15.005 must be provided to all parties of record, including guardians ad litem, unless they waived notice.

All filings required by this rule shall be provided to all parties of record, including guardians ad litem, who have not waived notice.

CRITICALCivil cases

The court may waive notice and summons, but a ward over age 12 must be served with a certified copy of the temporary-guardian appointment order within seven days.

Notice and summons may, in the court's discretion, be waived, however a certified copy of the order appointing the temporary guardian shall be served upon a ward over the age of twelve (12) years within seven (7) days.

CRITICALCivil cases

Service

Mail

Within seven days, notice of the temporary guardian’s appointment must be sent by certified mail to all persons entitled to notice under the cited Probate Act sections.

Notice of the appointment of the temporary guardian also shall be given, within seven (7) days, by certified mail, to all persons entitled to receive notice under the Probate Act secs. 11-10.1 or 11a-10(f).

CRITICALCivil cases

Notice of a petition to sell a ward’s personal or real property must be given to the ward and the guardian ad litem.

Notice of a Petition for Sale of a ward's personal or real property shall be given to the ward and to the guardian ad litem.

CRITICALCivil cases

Written notice of the account hearing must include a copy of the account unless notice is by publication.

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

CRITICALCivil cases

Account-hearing notice generally must be given at least 10 days before the hearing under Supreme Court Rules; notice to a person outside the continental United States must be sent by airmail at least 20 days before the hearing.

The notice shall be given at least ten (10) days prior to the hearing in the manner, provided by Supreme Court Rules, except when notice is by publication as herein provided, and except whenever the person resides outside the continental limits of the United States, the notice shall be by airmail at least twenty (20) days prior to the date of the hearing.

CRITICALCivil cases

Service

Publication

If an entitled person’s name or residence is unknown or cannot be found with due diligence, the executor or administrator must file an affidavit and give publication notice at least once in a qualifying county newspaper 20 days before the hearing.

Whenever the name or place of residence of any such person is unknown or upon due diligence cannot be ascertained, an affidavit to that effect shall be filed with the clerk of the court having jurisdiction of the probate or guardianship estate by said executor or administrator. Notice shall then be given to such person by publication thereof at least once in a newspaper of general circulation, published in the county where the probate or guardianship proceedings have been conducted, at least twenty (20) days prior to the date of the hearing.

CRITICALCivil cases

For an entitled person represented by a qualifying representative, attorney-in-fact, assignee, or guardian ad litem, motion notice must be sent to that representative at least 10 days before the hearing.

If a person entitled to notice is represented by a representative of a foreign country or an attorney-in-fact or an assignee whose appearance is on file, or guardian ad litem, notice as required for motions shall be sent to such representative, not less than ten (10) days before the date set for hearing.

CRITICALCivil cases

If an entitled person other than the minor or disabled person is represented by an attorney whose appearance is on file, motion notice must be sent to the attorney at least 10 days before the hearing.

If a person entitled to notice other than the minor or disabled person is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than ten (10) days before the date set for the hearing.

CRITICALCivil cases

A guardian seeking discharge must give the listed persons notice at least 10 days before the intended application, except that the guardian ad litem may be excused by court order.

a. The guardian, seeking to be discharged, shall give notice at least ten (10) days prior to the date of such intended application: To all unpaid claimants; To the heirs at law of a deceased minor or disabled person or to any known acting administrator or executor of the deceased's estate; To the minor or disabled person in the event the guardianship is being terminated; To a guardian ad litem of the minor or disabled person who shall be appointed by the court to review the accounting of the guardian, unless excused by order of the court; and To any successor guardian.

CRITICALCivil cases

Before the estate closes, an objector to a fee or expense must file a statement of the objection and serve notice of the filing on the fee claimant within 10 days after filing.

If any fee or expense is objected to by the personal representative or by any other interested person having legal standing to object, prior to closing the estate, the objecting person shall file a statement reciting such objection with the clerk of the court and shall serve notice of such filing upon the person claiming such fee or expense within ten (10) days after such filing.

CRITICALCivil cases

Before an order directs the county treasurer to pay court-deposited funds, notice must be served on the county state’s attorney, the attorney for and former legal representative, and anyone else the court directs.

Before an order is entered directing the county treasurer to pay money theretofore deposited by order of court, notice shall be served on: The states' attorney of the county; The attorney for and the former legal representative; and Such other persons as the court directs.

CRITICALCivil cases

For a reopening petition, the court directs notice if the former legal representative is the petitioner; otherwise, notice must be given to the former representative and any other persons the court directs.

When the person seeking to reopen the estate is the former legal representative, such notice of the hearing on the petition shall be given as the court directs. When any other interested person seeks to reopen the estate, notice of the hearing shall be given to the former legal representative and to such other persons as the court directs.

CRITICALCivil cases

Notice of a reopening petition must be served under the rules for motion notice; if the petition seeks a different legal representative, notice must be served on all persons with equal or superior administration or nomination rights at least 20 days before the hearing.

Serving of notice of the hearing on the petition shall be made in accordance with rules governing notice of motions, except that if the petition seeks the appointment of a legal representative other than the one who was acting when the estate was closed, service of the notice shall be made not less than twenty (20) days before the hearing on all persons, entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner.

CRITICAL

Applies to

Third party discovery

Copies of discovery issued to third parties must be filed with the clerk, and notice must be given to parties of record under Supreme Court Rule 104(b).

A. Civil Cases: While Supreme Court Rule 201(m) states that no discovery is to be filed with the Circuit Clerk, Supreme Court Rule 201(o) creates an exception in the case of discovery issued to third parties: copies of any discovery issued to third parties are to be filed with the clerk and notice given to parties of record pursuant to Supreme Court Rule 104(b).

CRITICAL

Applies to

Criminal subpoena and return

Subpoenas issued in criminal cases and their returns must be filed with the Clerk, with notice given to parties of record.

B. Criminal Cases: Caselaw suggests that a subpoena issued in a criminal case may not be issued without giving notice to parties of record. See People v. Hart, 194 Ill.App.3d 997, 1002, 522 N.E.2d 1, 4 (2nd Dist. 1990). Consequently, the Court orders that any subpoenas issued in a criminal case, as well as the returns on those subpoenas, must be filed with the Clerk and notice given to parties of record.

CRITICALCivil cases

The party preparing the order or judgment must serve it on all parties of record within seven days of the oral ruling.

The party preparing the written order or judgment shall serve it on all parties of record within seven (7) days of the oral ruling for endorsement and, in multiparty suits, endorsement may be in counterparts.

CRITICAL

Electronic service does not replace personal service when personal service is required, including for original process or a rule to show cause.

Where any document must be personally served, such as original process, a rule to show cause, etc., electronic service is not intended as a substitute for personal service.

CRITICAL

Unless waived, service on an unrepresented pro se criminal defendant must follow the applicable rule or statute.

Service of documents in criminal cases to pro se defendant who it not represented by counsel shall, unless waived, be made as otherwise provided by rule or statute.

CRITICAL

Service

Electronic service

The filing party or attorney is responsible for completing electronic service through the Vendor’s system.

The filing party or attorney shall be responsible for completing electronic service of these other documents using the Vendor's system.

CRITICAL

If a party or designee is not a Vendor subscriber, service of other documents must follow Supreme Court Rule 12.

If a party or party's designee has not subscribed to a Vendor's services, service of all other documents are pursuant to Supreme Court Rule 12.

CRITICAL

Service

Electronic service

Email e-service is complete on the first court day after transmission by the Vendor or party.

In accordance with Supreme Court Rule 12, e-service via email shall be deemed complete on the first court day following transmission by the e-file Vendor or party.

CRITICAL

Service

Electronic service

The e-filing Vendor must maintain an e-service list for every e-filed case.

The e-filing Vendor is required to maintain an e-service list for each e-filed case.

CRITICAL

Service

Electronic service

The Vendor must immediately update the service list after receiving notice of new contact information.

The Vendor shall immediately update the service list upon being given notice of new contact information.

CRITICAL

Service

Electronic service to opposing party

The Vendor must use the most current e-service list whenever it serves a submitted document.

Whenever a document is submitted for service upon other parties by the e-filing Vendor's system, the e-filing Vendor shall use the most current e-service list to perform service.

CRITICAL

Deadline

10 business days

Service

Electronic service

Subscribers and other participants must immediately, and no later than ten business days before a change takes effect, notify the parties, Clerk, and Vendor of changes to specified contact details.

All subscribers and other participants must immediately, but not later than ten business days prior to when such a change takes effect, notify other parties, the Clerk, and the e-filing Vendor of any change of firm name, delivery address, fax number or e-mail address.

CRITICAL

Applies to

Trial memorandum

In jury cases, the plaintiff’s attorney must furnish opposing counsel a copy of the trial memorandum, and opposing counsel may suggest amendments.

In jury cases to assist the court in its voir dire examination of jurors under Supreme Court Rule 234, plaintiff's attorney shall submit to the court at the time the case is called for trial a brief trial memorandum and furnish a copy to opposing counsel who may suggest amendments thereto.

CRITICAL

Deadline

24 hours

A party choosing a telephonic appearance must notify all parties with the motion notice or by fax/email—or telephone if those are unavailable—at least 24 hours before the hearing.

Persons electing to make a telephonic appearance shall notify all parties of the same either contemporaneously with any written notice of motion or VIA TELEFAX OR EMAIL (OR, IF THE FORMER ARE UNAVAILABLE, BY TELEPHONE) NO LESS THAN 24 HOURS PRIOR TO THE SCHEDULED HEARING.

CRITICAL

Service

Mail

When the homeowner is served by publication, the plaintiff must mail the Notice of Mediation to the property address before publication begins.

Where service upon a Homeowner is made by publication, the Notice of Mediation is to be mailed by the plaintiff to the property address before the first date of publication.

CRITICAL

Deadline

7 calendar days

The plaintiff must email proof of summons service to the Program Administrator within seven calendar days of service on each homeowner defendant.

Within 7 calendar days of service of process on each Homeowner defendant in a residential foreclosure case, the plaintiff shall provide proof of service of the Summons to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it..

CRITICAL

Deadline

7 calendar days

Service

Publication

For service by publication, the plaintiff must provide proof of service within seven calendar days of the first publication date.

When service upon a Homeowner is made by publication, the plaintiff shall provide proof of service within 7 calendar days of the first date of publication.

CRITICALCivil cases

Written notice of a motion’s presentment or hearing date must be served on the specified parties, except when the court sets the hearing in the presence of a party or counsel.

Written notice of the presentment or hearing date for all motions shall be served on to all parties who have appeared and have not been found by the court to be in default and to all parties whose time to appear has not expired on the date of notice. Written notice is not required when the court has set the hearing in the presence of a party or counsel.

CRITICALCivil cases

Applies to

Notice of motion

A motion notice must be served by 4:00 p.m. on the second court day before presentment, with its effective service date determined under Supreme Court Rule 12.

Notice of motion is to be served no later than 4:00 p.m. on the second court day before the date of presentment of the motion. The effective date of service is to be determined as per Supreme Court Rule 12.

CRITICALCivil cases

Applies to

Supporting brief

A brief supporting a motion must be served when the motion is filed.

(c) Any brief in support of the motion must be served at the same time the motion is filed.

CRITICALCivil cases

Applies to

Complaint

The rental assistance notices must be served with the complaint in residential eviction cases.

Said notices shall be served with the complaint

WARNINGCivil cases

Notice is not required for a person whose full-payment receipt is presented to the court or who appears in writing and waives notice.

No notice need be given to any person, from whom a receipt of payment in full is exhibited to this court, or who enters an appearance in writing and waives notice.

WARNING

Service

Electronic service

Absent extraordinary circumstances, a party not electronically served for one of the listed Vendor or service-list failures is entitled to an order extending applicable response or performance deadlines.

If electronic service on a party does not occur because of (1) inaccessibility to the Vendor's system, (2) an error in the Vendor's transmission of notice to the party being served, (3) the Vendor's failure to process the electronic filing for service, or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

WARNING

Each party must provide the opposing party with a set of marked jury instructions.

In addition, each party shall supply to the opposing party a set of “marked” instructions.

INFO

Service

Electronic service to opposing party

Documents other than those requiring personal service may be served electronically on other parties or their representatives through the e-file Vendor.

All other documents may be served upon the other parties or their representatives electronically through the e-file Vendor.

INFO

Service

Electronic service to all parties

The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.

The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.