Bureau Circuit Court, Illinois Service and Proof of Service Rules

CRITICAL

Service

Publication

Service by publication must comply with 735 ILCS 5/2-206 and 5/2-207, as amended.

(a) Service by publication shall be in accordance with 735 ILCS 5/2-206 and 5/2-207 as from time to time amended.

CRITICAL

Proof of notice must be made of record for notice given by the listed methods.

Proof of notice by personal service, mailing, delivery by third-party commercial carrier, fax or e-mail shall be made of record.

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 (14) days prior to the hearing.

CRITICAL

Service

Personal service

Notice by personal service must be made at least three days before the hearing.

Notice by personal service shall be made not less than three (3) days prior to the hearing;

CRITICAL

Applies to

Notice of hearing

Other entitled persons must receive notice with a copy of the account in person or by mail at least 10 days before the hearing, or at least 14 days before it if their address is outside the United States or Canada.

Notice to all other persons entitled to notice shall be given as follows: i. Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 10 days before the hearing except if the post office address of the person is outside of the United States or Canada, the notice shall be sent not less than 14 days prior to the hearing.

CRITICAL

Applies to

Pretrial memorandum

Service

Mail

Each attorney must mail the original pre-trial memorandum to the pre-trial judge and a copy to each opposing counsel at least five days before the conference.

At least five (5) days prior to the pre-trial conference, each attorney shall mail the original of the memorandum to the pre-trial judge and a copy to each opposing counsel.

CRITICAL

Applies to

Notice of hearing

Notice of a hearing on a final or specified binding account must be given as prescribed unless the person entitled to notice waives it.

Unless waived by the person entitled thereto notice of the hearing on a final account or an account intended to be binding pursuant to Section 24-2 or Section 24-11(b) of the Probate Act of 1975, shall be given as follows:

CRITICAL

The responding party must file proof of service at least 7 days before the hearing.

The responding party shall 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.

WARNING

Applies to

Notice to appear

Notice to Appear. In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear. This notice also may require the production of documents at the hearing relating to the income of the party so noticed.

Notice to Appear. In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear. This notice also may require the production of documents at the hearing relating to the income of the party so noticed.

WARNING

Service

Electronic service

E-service does not confer jurisdiction when the law requires personal service.

Electronic Service (E-service) – An electronic transmission of documents to a party, attorney or representative in a case. However, E-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNING

The extended-media-coverage request form states that notice has been given to the court media liaison, counsel of record, and parties appearing without counsel.

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

WARNING

The objection form states that notice has been given to the requestor, the court media liaison, counsel of record, and parties appearing without counsel.

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

WARNING

The court may, in its discretion, hear emergency motions and motions legally eligible for ex parte treatment without notice.

Emergency motions and motions which, by law may be made ex parte may, at the discretion of the court, be heard without giving notice.

WARNING

Service

Mail

The notice shall be by regular U.S. Mail, state the time, date, and place of hearing, the matter to be reviewed, and include a copy of the proposals of the committee. The Clerk's certificate of mailing shall be made of record. The hearing shall not be held until after thirty (30) days from the date of mailing notice.

The notice shall be by regular U.S. Mail, state the time, date, and place of hearing, the matter to be reviewed, and include a copy of the proposals of the committee. The Clerk's certificate of mailing shall be made of record. The hearing shall not be held until after thirty (30) days from the date of mailing notice.

WARNING

Applies to

Discovery documents

Discovery documents may be served and answered by personal service or U.S. Mail.

Discovery documents may be served and answered personally or by U.S. Mail.

INFO

The petitioner may notify the respondent before presenting the petition, but need not do so unless the court directs otherwise.

The petitioner may give notice to the respondent before presenting such a petition to the court for issuance of a rule to show cause, but is not required to give such notice unless otherwise directed by the court.