Circuit Court of Clay County, Illinois (4th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Service

Mail

The Clerk must mail notice that the account is due and notice of the hearing date and time to the estate’s attorneys of record or, if there are none, to the representative.

The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.

CRITICAL

Service

Mail

When issuing a required Rule to Show Cause, the Clerk must mail notice of the contempt proceeding and its return date to all interested persons, including unpaid creditors.

At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

Unless waived, notice of an accounting hearing must be given to the ward, qualifying claimants, and all other interested persons.

Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains undetermined or unpaid (if any), and to all other interested persons (as defined by Section 1-2.11 of the Illinois Probate Act, if any).

CRITICAL

The party requesting a hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Written notice of the hearing of all motions shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.

CRITICAL

Applies to

Notice of motion

The 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 previously have been served, shall be served with the notice.

CRITICAL

Notices must be served in the manner and on the persons specified in Supreme Court Rule 11.

(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Deadline

2 court days

Applies to

Notice of hearing

Except as otherwise provided, notice of a motion hearing must be served by the second court day before the hearing, with completion determined by the delivery method and time.

(d) Time of Notice: Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than the second court day preceding the hearing. If a notice of hearing is delivered before 4:00 p.m. by either personal service, or by leaving it in the office of a party’s attorney or at an unrepresented party’s residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery. Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12.

CRITICAL

Applies to

Notice of motion

A summary judgment motion cannot be heard until at least ten days after service of its notice of motion under Supreme Court Rule 11.

(e) Summary Judgment: A motion for summary judgment will not be heard before ten (10) days after service of the notice of motion under Supreme Court Rule 11.

CRITICAL

Applies to

Notice of hearing

The attorney obtaining an order after a motion heard without prior notice must serve the required notice on parties not in default and file proof of service within two days after the hearing.

(c) Notice After Hearing: If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Service

Mail to all parties

After dismissing a cause for want of prosecution, the Clerk must mail notice to all pro se parties and attorneys of record within 10 days and file the notice with a certificate of mailing.

Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal. A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.

CRITICAL

Applies to

Subpoena

Only completed subpoenas may be submitted to the Circuit Clerk for issuance, and subpoenas under this rule must be served in accordance with the Supreme Court Rules.

Only completed subpoenas shall be submitted to the Circuit Clerk for issuance. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.

CRITICAL

Service

Mail to all parties

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

a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action

CRITICAL

Each defendant must be served with a summons substantially in the form prescribed by Supreme Court Rule 101(b), together with the complaint.

Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.

CRITICAL

(b) File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12, or;

(b) File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12, or;

CRITICAL

Applies to

Written motion

Unless the judge has already required or allowed remote appearance, a person who needs judicial approval must seek permission through a written motion filed, scheduled, and served under Local Rule 5.1.

Unless already required or allowed by the presiding judge or the judge specifically assigned to the case, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) under circumstances that require approval of the judge presiding over the matter under S. Ct. R. 45, must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

If a party submits a position letter to the mediator, a copy must also be submitted to the other party or their counsel if represented.

Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.

CRITICAL

Applies to

Letter to mediator

An attorney submitting a letter to the mediator must provide a copy to opposing counsel or the opposing party.

The attorney shall provide a copy of such letter to the opposing counsel or party.

CRITICAL

Notice of an accounting hearing must be given and served in accordance with Supreme Court Rules 11 and 12.

The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.

WARNING

If an estate has had no activity for at least one year, the Court may set a status call and direct the Clerk to notify the attorney of record, the personal representative, or both at their last known address.

Whenever the Court determines that there has been no activity in an estate for a period of not less than one (1) year, the Court may set the estate for status call and direct the Clerk to give notice of the time, date and place to the attorney of record, the personal representative, or both, at their last known address.

WARNING

Notice of a motion made within a court day of trial must be given as the court directs.

Notice of motion made within a court day of trial shall be given as directed by the court.

WARNING

The Court may hear emergency motions and motions legally permitted ex parte without calling them for hearing, and emergency motions should receive precedence where possible.

(b) Notice Not Required: Emergency motions and motions which by law may be made ex parte may, in the discretion of the Court, be heard without calling the motion for hearing. Emergency motions shall, so far as possible be given precedence.

WARNING

Service

Mail

Mail service of a subpoena may be prima facie proved with the specified certified- or registered-mail return receipt and affidavit, showing 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 or her authorized agent by certified or registered mail at least 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 reasonable copy charges enclosed.