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

CRITICAL

Service

Mail

When issuing a required citation, the Clerk must mail notice of the proceeding and return date to all persons interested in the estate administration, including unpaid creditors.

When issuing a citation required by this Rule, the Clerk shall mail notices of the pendency of the citation proceeding and return date to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

Applies to

Proposed order

A plaintiff seeking judgment or an order beyond a default finding must serve the proposed judgment or order with the default motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Applies to

Notice of hearing

Except during trial, written motion-hearing notice must be given to parties who have appeared and are not in default and to parties whose time to appear has not expired; notice of additional relief must comply with Supreme Court Rule 105.

Except during trial, written notice of the hearing of a motion shall be given 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. Notice that additional relief is being sought shall be given in accordance with S. Ct. R. 105.

CRITICAL

Proper notice must be given to the requestor, the court media liaison, all 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.

CRITICAL

Applies to

Written appearance

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

The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.

CRITICAL

An attorney or self-represented litigant who submits a pre-session letter must provide a copy to opposing counsel or the opposing self-represented litigant.

The attorney or SRL shall provide a copy of any letter to the opposing counsel or SRL.

CRITICAL

Service

Personal service

Notice by personal service must be served at least seven days before the hearing.

Notice by personal service shall be served not less than seven days before the hearing,

CRITICAL

Applies to

Notice of motion and motion for default

A notice of motion and motion for default must be served in accordance with Rule 5.1.

Service of a notice of motion and motion for default shall be made in accordance with Rule 5.1.

CRITICAL

Service

Mail

After dismissal, the Clerk must mail notice of the dismissal.

After dismissal, the Clerk shall give notice of the dismissal by mail.

CRITICAL

Service

Publication

If the representative and attorney do not know the person’s name or current post office address, 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 the requirement.

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

Electronic service

E-service must comply with Supreme Court Rules 11 and 12 and is complete at the Vendor-posted transmission time.

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.

CRITICAL

Service

Mail

Documents produced by mail must not be mailed more than two business days before the date stated on the subpoena.

DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

Applies to

Motion hearing notice

If scheduling efforts fail because an opposing party does not cooperate, serve notice at least three days before the hearing unless the Court allows otherwise.

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

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

CRITICAL

Written fee petitions, reports, or accounts must be served on the specified interested persons and unsatisfied creditors, together with notice of the hearing’s time, date, and place; notice must comply with Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Within 10 days after filing the claim, the claimant must file with the Clerk proof of mailing or delivery, or a waiver.

The claimant shall file with the Clerk proof of mailing or delivery of the claim, or a waiver thereof, within 10 days after filing the claim.

CRITICAL

Applies to

Subpoena

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

Deadline

48 hours

File proof of service with the Clerk within 48 hours after the hearing.

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

Applies to

Motion hearing notice

Without a good-faith scheduling effort, serve notice at least 10 days before the hearing, or mail it at least 14 days beforehand, unless the Court allows otherwise.

Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing; provided, however, that 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

Notice of hearing

Unless the Court allows otherwise, if the attorney or self-represented litigant did not make the good-faith scheduling effort, hearing notice may not be served less than 10 days before the hearing.

Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing;

CRITICAL

Unless waived, give each identified heir or legatee at least 14 days’ notice before the will-admission hearing.

Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition.

CRITICAL

Service

Electronic service to all parties

E-service is effective on all parties registered to receive it and has the legal effect of personal service.

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

Minor settlement petition

Before presenting a minor-or-ward settlement petition, send the hearing notice, petition, and exhibits to the specified relatives or caregiver; written waiver or Court excuse for good cause is permitted.

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 the minor’s or ward’s spouse, parents, adult siblings, appointed guardian, or, if none, person with or facility in which the minor or ward resides. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record unless either waives delivery in writing or consents in writing to allowance.

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

Unless waived by those entitled to notice, the specified accounting hearing notice must be given to the ward, unresolved or unpaid claimants, and other entitled persons; a represented person other than the ward must receive notice through counsel at least 10 days before the hearing.

Unless waived by the person(s) entitled to notice, 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 Act shall be given as follows: (1) 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 shall be sent to the attorney not less than 10 days before the hearing.

CRITICAL

Applies to

Written motion

A written motion seeking permission to appear remotely must be served as required by Local Rule 5.1, unless an individual court’s standing order or a case-by-case discretionary exception allows otherwise.

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 S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Service

Electronic service

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

“Electronic Service” and “E-service” mean and refer to an electronic transmission of documents to an SRL, attorney, or representative in a case. However, E- service shall not confer jurisdiction when personal service is required by law.

CRITICAL

Applies to

Appearance

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

The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Settlement memorandum

Unless the parties agree to confidential submission, serve the settlement memorandum on all other attorneys or SRLs but do not file it 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

A copy of the judgment must be provided to the contemnor.

A copy of the judgment shall be provided to the contemnor.

CRITICAL

Applies to

Notice of petition

Unless notice is waived, each heir or legatee named and addressed in the petition must receive notice at least 14 days before the hearing.

Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition.

CRITICAL

Deadline

1 business days

Applies to

Exhibit

Unless the Court orders otherwise, a pre-marked exhibit may be used at a remote hearing only if it was provided to all other parties and the Court at least one full business day beforehand.

Unless otherwise ordered by the Court, remote hearings shall be conducted as follows: (1) The Court will host the hearing and control entry into the hearing; (2) If requested by a party and if technologically feasible, the Court may allow breakout meetings, private chats, or other private communication between attorneys and clients during the hearing; provided, however, that during the testimony of any person, that person may not communicate by private chat with any other person; (3) The Court is responsible for the official record of the remote hearing, and no party may record any part of the hearing through the Zoom platform or any other means; (4) Any person permitted to testify remotely must appear by both video and audio; (5) When a participant is not speaking, the participant shall mute her or his microphone; (6) All participants must be in an environment free of video and/or audio distractions; (7) No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day before the hearing;

CRITICAL

Applies to

Post hearing notice

After an unnotified hearing, the party obtaining relief must serve written notice with the specified case, judge, hearing, and ruling details on the identified parties.

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.

CRITICAL

Deadline

1 business days

Applies to

Exhibit

A pre-marked exhibit may be used in a remote hearing only if all other parties and the Court received a copy at least one full business day beforehand.

No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day before the hearing;

CRITICAL

Service

Mail

The Clerk must serve jury summonses at least 15 days before jury service begins.

The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service.

CRITICAL

Service

Mail

The Clerk must give at least 30 days’ notice before dismissal and mail notice after dismissal.

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

CRITICAL

Applies to

Fee petition

Serve fee petitions, reports, or accounts and hearing notice on the listed interested persons under Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Applies to

Notice of hearing

Motion-hearing notice must be given in the manner and to the persons specified in Supreme Court Rule 11.

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

CRITICAL

Documents must be served on parties 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

Before presenting a petition, the party must send the hearing notice, petition, and exhibits to the specified recipients; notice may be waived by written consent or excused 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 the minor’s or ward’s spouse, parents, adult siblings, appointed guardian, or, if none, person with or facility in which the minor or ward resides. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

Service

Mail

For an objected-to claim, the claimant must receive at least 10 days’ hearing notice 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

Service

Mail

After probate dismissal, the Clerk must mail notice explaining that reinstatement for good cause may be sought within 30 days after notice.

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

Applies to

Proposed judgment or order

A plaintiff seeking a judgment or order beyond a default finding must serve a copy of the proposed judgment or order with the motion for default.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Attorneys and SRLs must serve the required pretrial documents at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

WARNING

When a defendant fails to appear in response to a summons returnable on a date certain, the Court may find the defendant in default on that date without further notice or proceeding.

If a defendant fails to file a written appearance or appear in person or through an attorney in response to a summons returnable on a date certain, the Court may find the defendant in default on the return date without further notice or proceeding.

WARNING

Service

Mail

If the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address.

or, if the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address.

WARNING

At the Court’s discretion, emergency motions and motions legally eligible for ex parte consideration may be heard without notice.

Emergency motions and motions that, by law, may be heard ex parte may, at the discretion of the Court, be heard without giving notice.

WARNING

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; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

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; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

WARNING

Service

Mail

The Clerk must serve jury summonses at least 15 days before service begins; regular mail to the listed voter-registration or driver’s-license address is permitted.

(c) Jury Summonses. The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service. Jury summonses may be served by regular mail to the addresses as listed in the voter registration or driver’s license files.