Bureau Circuit Court, Illinois Service and Proof of Service Rules

CRITICAL

If no surviving spouse or entitled next of kin exists, the representative or attorney must notify the persons identified in the specified Wrongful Death Act paragraphs of the petition filing and hearing, subject to the stated services-payment exception.

If the decedent left no surviving spouse or next of kin entitled to recover, notice of the filing of a petition for settlement under the Wrongful Death Act and of the hearing thereon shall be given by the representative or his attorney to the persons named in paragraphs (a), (b), and (c) of Section 2 of that Act, including persons furnishing hospital, medical or funeral services for the decedent, unless persons payment for the payment for the services is shown.

CRITICAL

proof of service shall be served not less than seven (7) days prior to the hearing

proof of service shall be served not less than seven (7) days prior to the hearing

CRITICAL

Applies to

Plaintiff pretrial memorandum

One copy of the plaintiff's pretrial memorandum must be mailed to opposing counsel at least five days before the conference.

one copy mailed to opposing counsel at least five (5) days prior to the conference.

CRITICAL

Documents must be served on parties not registered for E-filing or E-service as provided by the applicable order, rule, or statute.

(e) Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Service

Mail

Unless the Court directs a party to provide a dismissal order, the Clerk must mail dismissal notice within 10 days to attorneys of record and pro se parties served as noted in the file, except in the listed case types.

Unless the Court directs a party to provide a copy of an order of dismissal, upon dismissal of any cause for want of prosecution, except dismissals of Small Claims cases or first appearance LM cases and post-termination proceedings, the Clerk of the Court shall give all pro se parties, if served as noted in the Court file, and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal.

CRITICAL

Applies to

Notice of hearing

Notice must be given to the ward, qualifying claimants, and other entitled persons; for an entitled person other than the ward represented by counsel with an appearance on file, motion-type notice must be sent to counsel at least 10 days before the hearing.

On an account of a guardian or guardian to collect to the ward, to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. If a person entitled to notice other than the ward 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 days before the date set for hearing.

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rule 12 and is complete at the vendor-posted transmission time, with the same effect as personal service.

(b) E-service shall be made in accordance with Supreme Court Rule 12, and shall be deemed complete at the posted date and time of transmission listed by the E- service vendor. 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.

CRITICAL

Applies to

Financial affidavit

For a hearing seeking temporary relief, the responding party must file proof of service at least 7 days before the hearing.

The responding party shall file the Financial Affidavit and proof of service at least seven (7) days before the hearing.

CRITICAL

Service

Mail

After dismissal, the clerk must mail notice to the personal representative and attorney of record stating that reinstatement may be sought within 30 days for good cause.

Upon dismissal of the cause, the clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case may be reinstated within thirty (30) days from the date of the notice for good cause shown.

CRITICAL

Applies to

Notice of hearing

The hearing notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.

A copy of any written motion and of all papers presented therewith, or a statement that they have been previously served, shall be served with the notice.

CRITICAL

Applies to

Written objection to extended media coverage

When filing a written objection, the objector must simultaneously notify the requestor, court media liaison, counsel of record, and unrepresented parties.

At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Applies to

Financial affidavit

For a hearing seeking temporary relief, the moving party must file proof of service at least 14 days before the hearing.

In all hearings seeking temporary relief, the moving party shall file the Financial Affidavit at the time the motion or petition for temporary relief is filed and shall file proof of service at least fourteen (14) days before the hearing.

CRITICAL

Applies to

Mediation notice form

The mediation notice form must be included with the summons, served on the defendants with the summons, and supported by proof of service as for the summons.

The Clerk shall furthermore provide a form, to be included with the summons, notifying the defendant borrowers of the mandatory mediation program, which form must be served upon the defendants with the summons and evidenced by a proof of service the same as the summons.

CRITICAL

Service

Personal service

A rule to show cause must be personally served on the respondent at least five days before the hearing, unless the court orders otherwise; good cause may support a different method of service.

A rule to show cause shall be personally served upon the respondent unless otherwise ordered by the court for good cause shown. Unless otherwise ordered by the court, a rule to show cause shall be served upon the respondent not less than five (5) days prior to hearing.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction must be served conventionally, not electronically.

(a) Electronic service is not capable of conferring jurisdiction. Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically, but must be served in the conventional manner.

CRITICAL

Counsel or a self-represented party seeking to introduce a witness's testimony must notify the witness of the request for or grant of extended media coverage.

Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.

CRITICAL

Applies to

Financial affidavit

For a hearing seeking permanent relief, each party must file proof of service at least 5 days before the final pre-trial conference.

In all hearings seeking permanent relief, each party shall file the Financial Affidavit and proof of service at least five (5) days before the final pre-trial conference.

CRITICAL

Applies to

Notice of motion or petition

Service

Personal service

Unless the Court orders otherwise, notice by personal service must be made at least three days before the hearing.

Service of Notice of Motion or Petition shall be in accordance with the Rules of Practice of the Circuit Court as provided in Part 2 of these Rules; that is, unless otherwise ordered by the Court, notice by personal service shall be made not less than three (3) days prior to the hearing, notice by U.S. Mail shall be made not less than seven (7) days prior to hearing, notice by third-party commercial carrier shall be made not less than seven (7) days prior to the hearing, notice by fax shall be made not less than three (3) days prior to the hearing and notice by e-mail shall be made not less than three (3) days prior to the hearing.

CRITICAL

Service

Email

If Supreme Court Rule 11(b)(7) permits email, email notice must be given at least three days before the hearing.

Notice by e-mail, if permitted pursuant to Supreme Court Rule 11(b)(7), shall be not less than three (3) days prior to the hearing.

CRITICAL

The obligee or public office must prepare and immediately serve an income withholding notice on the obligor’s payor, unless the parties have a signed alternative arrangement approved and entered into the court record that ensures payment.

Require an income withholding notice to be prepared and served immediately upon any payor of the obligor by the obligee or public office, unless a written agreement is reached between and signed by both parties providing for an alternative arrangement, approved and entered into the record by the court, which ensures payment of support.

CRITICAL

Service

Mail

Notice by U.S. Mail must be mailed at least seven days before the hearing.

Notice by U.S. Mail shall be mailed not less than seven (7) days prior to the hearing;

CRITICAL

Applies to

Notice of hearing

Service

Mail

Notice sent by U.S. Mail must be mailed at least ten days before the hearing.

notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.

CRITICAL

Before presenting the petition to direct the county treasurer to pay deposited money, notice must be given to the State's Attorney, the former representative and attorney, and anyone else entitled to notice under an order in the proceeding.

Before a petition is presented for an order directing the county treasurer to pay money deposited by order of court, notice shall be given to: 1) the State's Attorney 2) the former representative and his attorney; and 3) all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

A counterclaim copy must be delivered or sent by ordinary mail to the counterdefendant and the counterdefendant’s attorney.

If a counterclaim is filed, a copy shall be delivered or mailed by ordinary mail to the counterdefendant and his attorney.

CRITICAL

The designated attorney must submit the Statement of the Nature of the Case to the opposing parties.

In all jury cases, the State's Attorney in criminal cases, and the plaintiff's Attorney in civil cases, shall prepare and submit to the court and opposing parties a Statement of the Nature of the Case to be read by the court to the venire prior to voir dire examination.

CRITICAL

A party seeking emergency treatment must give notice to the opposing party under Rule 8.02.

Notice to the opposing party pursuant to Rule 8.02.

CRITICAL

Service

Mail

The Jury Commission or Chief Judge must serve jury summonses at least 30 days before service begins; summonses may be mailed postage prepaid to the address in voter registration files.

The Jury Commission or Chief Judge shall issue and cause to be served a jury summons on all Grand Jurors and Petit Jurors at least thirty (30) days prior to the first day of service. Jury summons may be served by U.S. Mail, postage prepaid, to the address as listed in the voter registration files.

CRITICAL

Notice by third-party commercial carrier must be deposited or dropped off at least seven days before the hearing.

Notice by third-party commercial carrier shall be made by deposit in the carrier’s pick-up box or drop off with the carrier’s designated contractor not less than seven (7) days prior to the hearing;

CRITICAL

Applies to

Summary judgment notice of motion

A summary judgment motion may not be heard until ten days after its notice of motion is served under Supreme Court Rule 11.

A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion under Supreme Court Rule 11.

CRITICAL

A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record, unless the specified written waiver or written consent applies.

The claimant shall mail or deliver his claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or his attorney waives, in writing, the mailing or delivery of a copy of the claim or consents in writing to the allowance of the claim.

CRITICAL

Applies to

Notice of hearing and petition

When the petition supports the charge, notice of the hearing and a copy of the petition must be served and returned under Supreme Court Rule 105(b), or by regular U.S. Mail if the court directs.

If the court finds that the petition sets forth allegations which support the charge, it shall set the matter for hearing and order notice be given the respondent. Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail,

CRITICAL

Service

Mail

In all criminal misdemeanor and traffic cases where there has been a demand for trial by jury, the court may schedule cases on its docket for trial by jury and direct that notice be given to the defendant's attorney of record, or, if the defendant is unrepresented, the defendant's last known address. The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.

In all criminal misdemeanor and traffic cases where there has been a demand for trial by jury, the court may schedule cases on its docket for trial by jury and direct that notice be given to the defendant's attorney of record, or, if the defendant is unrepresented, the defendant's last known address. The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.

CRITICAL

The party requesting a hearing must give notice to the specified parties in the manner prescribed by Supreme Court Rule 11.

Notice of hearing on all motions shall be given by the party requesting the hearing to all parties who have appeared and have not theretofore been defaulted for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice shall be given in the manner and to those prescribed in Supreme Court Rule 11.

CRITICAL

Proof of service of the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.

Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen days (14) days prior to the hearing.

CRITICAL

Applies to

Request for extended media coverage

When filing a media-coverage request, the media requestor must also notify the court media liaison, counsel of record, and unrepresented parties.

At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

After a motion is heard without prior notice, written hearing notice must be served personally or by U.S. Mail on the specified parties, and proof of service must be filed within two days of the hearing.

If a motion is heard without prior notice under this rule, written notice of the hearing shall be served personally or by U.S. Mail upon all parties not theretofore found by the court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.

CRITICAL

If Supreme Court Rule 11(b)(6) permits fax, fax notice must be made at least three days before the hearing.

Notice by fax, if permitted pursuant to Supreme Court Rule 11(b)(6), shall be made not less than three (3) days prior to the hearing;

CRITICAL

Applies to

Written motion

The written motion seeking permission to appear remotely must be served as required by Circuit Court Rules 2.1(a) and 2.1(c), subject to the stated exceptions.

Unless otherwise allowed by (1) an individual Court's own standing order or (2) a case-by-case exception made within the Court's discretion, a person seeking permission to appear remotely pursuant to Supreme Court Rule 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Circuit Court Rules 2.1(a) and 2.1(c).

CRITICAL

Notice of the objection must be given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.

5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Service

Publication

If the person’s name or current post office address is unknown, notice must be published once in a newspaper of general circulation in the hearing county at least 14 days before the hearing, unless the court waives notice.

ii. If the name or present post office address of the person is not known to the representative of his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the date of the hearing, unless waived by the court.

CRITICAL

The surviving spouse and any next of kin who have not consented in writing must receive at least 10 days' notice of the hearing.

At least 10 days notice of the hearing on the petition for the appointment and distribution of the proceeds of the settlement of an action for the death of a decedent shall be given to the surviving spouse and any next of kin who have not consented thereto in writing.

CRITICAL

Service

Mail

The clerk must mail attorneys of record notice that the account is due.

The Clerk shall mail to the attorneys of record in the estate a notice that the account is due.

CRITICAL

Proof of service by the responding party must be filed at least 7 days before the hearing.

The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.

CRITICAL

Applies to

Answering discovery documents

Proof of service for answering discovery documents must be filed with the Clerk and identify the case, service date, parties, and document; filed proof of an answer is prima facie evidence of service or answering.

Proof of service of answering discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties and adequately identify the particular discovery document being served or answered. The proof of service of answer, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered.

CRITICAL

Service

Mail

For an objected-to claim, the claim is allotted for hearing on the previously set return date, and the court must order at least 10 days’ notice by regular mail to the claimant from a designated sender.

If an objection to the claim has been filed, on the return date as previously set under subsection (c) of this rule, the claim will be allotted for hearing and the court shall order at least ten (10) days notice to be given by regular mail to the claimant by the legal representative, the attorney for the estate, or the Clerk of the Court, as the court may direct.

CRITICAL

Service

Mail

When issuing a citation, the clerk must mail notice of the proceeding and its return date to interested persons, including unpaid creditors.

At the time of the issuance of a citation required by this rule, the clerk shall mail notices of the pendency of the citation proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

Applies to

Written interrogatories

A party serving written interrogatories must provide two copies to each party required to answer.

The party serving written interrogatories shall provide two copies to each party required to answer the interrogatories.

CRITICAL

Service

Mail

The clerk must mail hearing notice to interested persons, including unpaid creditors, at least 14 days before the hearing.

the clerk shall mail notice of the hearing to all persons interested in the administration of the estate, including all unpaid creditors, said notice to be mailed at least 14 days before the hearing date.

CRITICAL

Orders must be tendered to opposing counsel for approval as to form before signature; the court resolves form disputes after hearing counsel and may sign despite withheld approval.

All orders shall be tendered to opposing counsel for approval as to form before being signed by the court. In the event of a dispute as to form, the court shall decide the controversy after hearing from all counsel. Approval in form shall not be construed as approval in substance and the court may sign the order even though approval is withheld.

CRITICAL

In a post-termination civil case, an unserved warrant must be returned to the Circuit Clerk as stale after 180 days and re-issued.

Any warrant not served in a post-termination, civil case shall be returned by the Sheriff's office to the Circuit Clerk's Office as stale after one hundred-eighty (180) days, requiring re-issuance.