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

CRITICAL

Applies to

Motion hearing notice

The party requesting a hearing must give written notice to parties who have appeared and are not in default for failure to plead, 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

Motion notice

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

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

CRITICAL

Applies to

Notice of additional relief

Notice that additional relief is sought must be given in accordance with Supreme Court Rule 11.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

CRITICAL

Applies to

Motion hearing notice

The notice must be served with copies of the written motion and accompanying papers, or a statement that those materials 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

Deadline

2 court days

Unless another rule provides otherwise, notice of a motion hearing must be served no later than the second court day before the hearing.

(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.

CRITICAL

For the specified delivery methods, notice served before 4:00 p.m. is complete that day, while notice served at or after 4:00 p.m. is complete the next court day; other methods follow Supreme Court Rule 12.

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

After a motion is heard without prior notice, the attorney obtaining the order must serve specified written 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

Applies to

Discovery request

In civil matters, an original discovery request must be served on its directed recipient, and a copy must not be filed with the Clerk.

6-1 Discovery Compliance: In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed. A copy of the request shall not be filed with the Clerk of the Court.

CRITICAL

Subpoenas issued under this rule must be served in accordance with the Supreme Court Rules.

Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.

CRITICAL

Service

Mail

Mail service may be prima facie proved by a return receipt showing certified or registered delivery at least 14 days before compliance, together with an affidavit containing the specified mailing details and stating that the fee and reasonable copy charges were enclosed.

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.

CRITICAL

Service

Mail

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 subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and 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

In small claims cases, each defendant must be served with a summons substantially in the form required by Supreme Court Rule 101(b), together with a copy of 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 for remote appearance

A person seeking judicial approval to appear remotely must request permission by written motion filed, scheduled, and served under Local Rule 5.1, unless the judge has already required or allowed remote appearance.

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

Applies to

Mediator letter

If a party submits a letter to the mediator, a copy must 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

An attorney who submits 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

Service

Mail

The Clerk must mail notice that an account is due and notice of the account hearing date and time to estate counsel or, if there is no counsel, 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

Applies to

Notice of hearing

Unless waived, notice of the hearing on an account intended to be binding must be given to any ward, each claimant with a filed and unresolved or unpaid claim, 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

Applies to

Notice of hearing

Notice of an account 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 the Court considers an accounting extension request without notice or hearing, it shall direct the personal representative or attorney to notify all interested parties of any new hearing date.

On a showing of good cause, this request may, in the Court’s discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.