15th Judicial Circuit Court, Carroll County, Illinois Service and Proof of Service Rules

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction cannot be served electronically and must be served conventionally.

Documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.

CRITICAL

Before submitting a proposed order to the Court, the preparing attorney or SRL must tender it to all other attorneys and SRLs of record.

Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

Service

Mail

The Clerk must mail the representative and any attorney of record a notice that the account is due.

The Clerk shall mail to the representative and any attorney of record a notice that the account is due;

CRITICAL

A party ordered to disclose materials must provide copies or arrange a meeting to exhibit them to the opposing attorney or self-represented litigant.

The party shall disclose the materials ordered by the Court to be disclosed either by providing copies or by arranging a meeting during which the materials will be exhibited to the opposing attorney or SRL;

CRITICAL

Send the account and hearing notice at least 10 days before the hearing, or at least 14 days beforehand for an address outside the United States or Canada.

Notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing, except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing;

CRITICAL

Service

Mail

On dismissal, the Clerk must mail notice to the personal representative and attorney of record explaining that the case may be reinstated for good cause within 30 days after the notice date.

On dismissal of the case, 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, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

Counsel or a self-represented party intending 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

Serve parties who are not registered for e-filing or e-service as provided by the applicable order, rule, or statute.

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

Notice by regular mail must be mailed at least 10 days before the hearing, and proof of mailing must be made part of the record.

notice by regular mail shall be mailed not less than 10 days before the hearing. If notice is made by regular mail, proof of mailing shall be made part of the record.

CRITICAL

Deadline

48 hours

Applies to

Subpoena

Serve subpoenas under the Supreme Court Rules and serve every party a copy and proof of service within 48 hours after issuance.

Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules. A copy of the subpoena and proof of service shall be served on all parties within 48 hours of issuance.

CRITICAL

The media coverage request states that proper 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.

CRITICAL

Applies to

Notice of hearing

Unless the Court allows otherwise, when the party made a good-faith scheduling effort but an opposing party did not cooperate, hearing notice must be served at least three days before the hearing.

Unless otherwise allowed by the Court, if an attorney or SRL has made this good-faith effort but an opposing party has not cooperated in determining a mutually agreeable time and date, notice of the hearing must be served at least three days before the hearing.

CRITICAL

Serve and return hearing notice and petition under Supreme Court Rule 105(b), or use regular mail to the respondent’s last known address if the Court allows.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in S. Ct. R. 105(b) or, if the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address.

CRITICAL

Applies to

Notice of hearing

Service

Mail

When hearing notice is served on any party by regular mail, it must be mailed at least 14 days before the hearing.

if the notice is served on any party by regular mail, the notice of hearing must be mailed at least 14 days before the hearing.

CRITICAL

Applies to

Probate claim

Service

Mail

A claimant must mail or deliver the claim to the estate’s representative and attorney of record unless they waive delivery or consent in writing.

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

CRITICAL

The Clerk must give notice that dismissal is pending at least 30 days before the scheduled dismissal date.

The Clerk shall give notice of the pendency of dismissal not less than 30 days before the date set for dismissal.

CRITICAL

Unless the parties agree to confidential submission to the Court, the memorandum must be served on all other attorneys or SRLs and must not be filed with the Clerk.

Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

CRITICAL

When filing the request, the media requestor must 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

Service

Publication

If the person’s name or current address is unknown, publish notice once in a county newspaper at least 14 days before the hearing unless the Court waives notice.

if the name or present post office address of the person is not known to the representative or 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 hearing, unless waived by the Court;

CRITICAL

Service

Mail

After an objection to a claim, the claimant must receive at least 10 days’ notice of the hearing by regular mail.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Applies to

Discovery document

Serve discovery documents under Supreme Court Rule 11 and file proof identifying the document, case, service date, and sending and receiving parties.

Discovery documents shall be served in accordance with S. Ct. R. 11. Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

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.

A rule to show cause shall be personally served on the respondent unless otherwise ordered by the Court. Unless otherwise ordered by the Court, a rule to show cause shall be served on the respondent not less than five days before the hearing.

CRITICAL

At least 10 days before the hearing, serve entitled persons with the notice, petition, and exhibits; notice may be waived in writing or excused by the Court for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to those persons entitled to notice under the Act at least 10 days before the date of the hearing. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

The hearing notice for a motion to defer mediation must be provided to all interested parties, including any appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.

CRITICAL

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in S. Ct. R. 105(b)

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in S. Ct. R. 105(b)

CRITICAL

Applies to

Withdrawal petition

Before presenting a petition to withdraw court-deposited funds, give notice to the state’s attorney, former representative and attorney, and anyone else entitled to notice.

Before a petition is presented for an order directing the country treasurer to pay money deposited by order of the Court, notice shall be given to the state’s attorney, the former representative and his or her attorney, and all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing, except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing

notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing, except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing

CRITICAL

Applies to

Supplemental proceeding petition

Supplemental proceedings must be initiated by petition in the probate proceeding and service of process as in other civil cases, except that personal-injury, wrongful-death, and other tort claims follow Rule 9.14.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14.

CRITICAL

Service

Personal service

Unless the Court orders otherwise, personally serve the rule to show cause at least five days before the hearing.

A rule to show cause shall be personally served on the respondent unless otherwise ordered by the Court. Unless otherwise ordered by the Court, a rule to show cause shall be served on the respondent not less than five days before the hearing.

CRITICAL

When filing a written objection, the objector must 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

Before presenting the petition, a party must send the hearing notice, petition, and exhibits to persons entitled to notice at least 10 days before the hearing, unless notice is waived in writing or excused by the Court for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to those persons entitled to notice under the Act at least 10 days before the date of the hearing. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

Applies to

Motion

Serve the motion with the hearing notice or state that it was previously served.

The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Applies to

Motion

The party must serve a copy of the motion with the hearing notice or state that the motion was served previously.

The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Service

Personal service

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

Documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.

CRITICAL

Applies to

Subpoena

Service

Mail

Mail service of a subpoena may be prima facie proved by the specified return receipt and affidavit, including mailing at least 10 days before compliance and payment of witness and mileage fees.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rules 11 and 12, is complete at the Vendor-posted transmission time, and is effective on parties registered to receive it.

E-service shall be made in accordance with Supreme Court Rules 11 and 12 and shall be deemed complete at the posted date and time of transmission listed by the Vendor. The E-service of a pleading or other document shall be considered valid and effective service on all parties that are registered to receive E-service and shall have the same legal effect as personal service of an original paper document.

CRITICAL

Applies to

Written notice of motion

The attorney or SRL obtaining an order after a hearing without prior notice must serve written notice on the parties specified in the rule, in the manner described in S. Ct. R. 11.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing. Notice shall be given in the manner and to the persons described in S. Ct. R. 11.

CRITICAL

Serve personal notice at least seven days before the hearing or mail notice at least 10 days before the hearing.

Notice by personal service shall be served not less than seven days before the hearing, and notice by regular mail shall be mailed not less than 10 days before the hearing.

CRITICAL

Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules. A copy of the subpoena and proof of service shall be served on

Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules. A copy of the subpoena and proof of service shall be served on

CRITICAL

Applies to

Appearance

An SRL must serve copies of the appearance as required for service of pleadings.

The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

A subpoena’s return date must be at least 10 days after service.

No subpoena may be returnable less than 10 days following its date of service.

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

Discovery documents must be served under Supreme Court Rule 11, and filed proof must identify the document, case title and number, service date, and sending and receiving parties.

Discovery documents shall be served in accordance with S. Ct. R. 11. Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

A copy of the written agreement summary must be given to the parties and their attorneys, if any.

A copy shall be given to the parties and their attorneys, if any.

CRITICAL

Service

Mail

When contempt-hearing notice is mailed, proof of mailing must be made part of the record.

If notice is made by regular mail, proof of mailing shall be made part of the record.

CRITICAL

Applies to

Appearance

An SRL must serve copies of the appearance as pleadings are served.

The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

If the conference date is provided in a separate Clerk-completed document, that document must be delivered to the plaintiff and served with the summons on all defendants.

The time and date of the initial case management conference shall be affixed to the original pleading and on all copies served on or retained by the parties or indicated in a separate document completed by the Clerk to be delivered to the plaintiff and to be served with the summons on all defendants.

CRITICAL

Written notice of a trial-continuance motion must be given to all attorneys and SRLs of record at least seven days before trial.

The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

Applies to

Proposed order

Before submitting a proposed order to the Court, its preparer must first tender it to all other attorneys and SRLs of record.

Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

Applies to

Motion hearing notice

Serve motion-hearing notice in the manner and on the persons specified by Supreme Court Rule 11.

Notice shall be given in the manner and to the persons described in S. Ct. R 11.