23rd Judicial Circuit Court, DeKalb County, Illinois Service and Proof of Service Rules

CRITICAL

Notice of the objection must be provided to all counsel of record, unrepresented parties, the Media Coordinator, and the Court Media Liaison.

4. Notice of this objection needs to be provided to all counsel of record, parties appearing without counsel, the Media Coordinator and the Court Media Liaison.

CRITICAL

Service

Electronic service to all parties

Electronic service is complete on the first court day after transmission and has the same legal effect as personal service of an original paper document.

Service of an a-document shall be deemed completed on the first court day following electronic transmission to the recipient by the e­ file vendor, attorney, or party .. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.

CRITICAL

Notice of the request must be provided to counsel of record, parties appearing without counsel, and the Court Media Liaison.

6. Notice of this request needs to be provided to:  Counsel of record  Parties appearing without counsel:  The Court Media Liaison:

CRITICALCivil cases

Counsel must provide opposing counsel with the Affidavit of Income and Expenses, anticipated exhibit and witness list, and statement of contested issues at least fourteen days before trial begins.

C. Counsel shall provide copies of the following information to opposing counsel at least fourteen days prior to commencement of trial: 1. Affidavit of Income and Expenses; 2. A list of anticipated exhibits and witnesses; and 3. A statement of contested issues.

CRITICAL

The Attorney for the Child, Guardian ad Litem, or Child's Representative must be provided copies of all court orders and pleadings.

The Attorney for the Child, Guardian ad Litem or Child's Representative shall be provided copies of all court orders and pleadings.

CRITICALCivil cases

Deadline

2 court days

Service

Email to opposing party

Email notice must be effective at least two court days before the hearing and comply with Supreme Court Rules 11 and 12.

The following methods of notice are permissible provided they are in compliance with Supreme Court Rule 11 and 12. The following times for notice shall be observed: Notice via email, or electronic submission and subsequent transmission via Odyssey/I2file, or any circuit clerk approved electronic filing format, shall be effective two (2) court days before the scheduled hearing.

CRITICAL

The Clerk must provide filed objections to the recipients listed in subparagraph 2 and the Media Coordinator, using the stated service methods, by close of business the following day.

The Clerk of the Circuit Court shall provide a copy of any objection filed to the persons listed in subparagraph 2 and to the Media Coordinator. The copy shall be provided using the means listed in subparagraph 2 no later than the close of business on the day following the filing of the objection.

CRITICAL

Applies to

Motion brief

A writing supporting or opposing a motion must be filed and served on the opposing party.

Any writing in support of or in opposition to a motion will be filed and served upon the opposing party.

CRITICAL

Deadline

2 court days

Compliant email or specified electronic notice must be effective two court days before the scheduled hearing.

The following methods of notice are permissible provided they are in compliance with Supreme Court Rule 11 and 12. The following times for notice shall be observed: 1. Notice via email, or electronic submission and subsequent transmission via Odyssey/I2file, or any circuit clerk approved electronic filing format, shall be effective two (2) court days before the scheduled hearing.

CRITICAL

Service

Electronic service to all parties

Other documents may be served electronically through the e-file vendor, and the filing party or attorney is responsible for completing service through the vendor's system.

All other documents may be served upon the other parties or their representatives electronically through the e-file vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the vendor's system.

CRITICAL

Deadline

5 court days

Service

Mail

Notice by mail must be deposited in a U.S. Post Office at least five court days before the hearing.

Notice by mail shall be deposited in a U.S. Post Office at least five (5) court days before the scheduled hearing.

CRITICAL

A copy of the settlement conference memorandum must be delivered to the judge and counsel of record seven days before the conference.

In the event a settlement conference is held, the attorney for the plaintiff and the attorney for the defendant shall prepare a settlement conference memorandum and shall deliver a copy to the judge and to counsel of record seven (7) days in advance of the settlement conference.

CRITICALCivil cases

Service

Mail to opposing party

If the non-moving party misses the prove-up, the movant or the movant’s attorney must mail that party a copy of the judgment within ten days after entry and file proof of service with the Circuit Court Clerk.

If the non-moving party fails to appear at the prove-up, the movant or his or her attorney shall serve a copy of the judgment on such party by mail within ten (10) days from the entry of said judgment and shall file a proof of service with the Circuit Court Clerk.

CRITICAL

Applies to

Trial preparation materials

Counsel must provide opposing counsel with an Affidavit of Income and Expenses, a list of anticipated exhibits and witnesses, and a statement of contested issues at least fourteen days before trial begins.

Counsel shall provide copies of the following information to opposing counsel at least fourteen days prior to commencement of trial: 1. Affidavit of Income and Expenses; 2. A list of anticipated exhibits and witnesses; and 3. A statement of contested issues.

CRITICALCivil cases

Designated counsel must forward the appointment order to the appointed representative within five days after entry.

The designated counsel for the parties shall forward a copy of the appointment order within five (5) days of entry thereof to the Attorney for the Child, the Guardian ad Litem and/or the Child’s Representative.

CRITICAL

Applies to

Appointment order

Designated counsel must forward the appointment order to the specified child-representation appointee(s) within five days after entry.

The designated counsel for the parties shall forward a copy of the appointment order within five (5) days of entry thereof to the Attorney for the Child, the Guardian ad Litem and/or the Child's Representative.

CRITICALCivil cases

The proponent of an alleged emergency must give the opposing party notice pursuant to statute.

2. Notice to the opposing party pursuant to statute; and

CRITICAL

The moving or responding party must deliver the Financial Affidavit to the other party and provide the court proof of service confirming the delivery date.

however, the moving/responding party shall be obligated to deliver the same to the other party with proof of service to the court confirming the date of delivery.

CRITICALCivil cases

Applies to

Proof of service

each party shall file with the Circuit Court Clerk within seven (7) days thereafter proof of service, certifying that the Comprehensive Financial Statement has been completed and setting forth the date on which the completed Comprehensive Financial Statement was served upon the opposing party.

each party shall file with the Circuit Court Clerk within seven (7) days thereafter proof of service, certifying that the Comprehensive Financial Statement has been completed and setting forth the date on which the completed Comprehensive Financial Statement was served upon the opposing party.

CRITICAL

Applies to

Pretrial memorandum

The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, as required by Section 6.25 shall be served upon opposing counsel, or party, and a courtesy copy sent to the assigned judge, no later than five (5) days prior to the scheduled settlement conference.

The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, as required by Section 6.25 shall be served upon opposing counsel, or party, and a courtesy copy sent to the assigned judge, no later than five (5) days prior to the scheduled settlement conference.

CRITICALCivil cases

If a civil case has had no order entered for nine months and has no future date, the Clerk must notify the attorneys of record and qualifying appearing persons that the case will be called on a date certain for dismissal, except for good cause shown.

If a civil case has no order entered for a period of nine (9) months and has no future date, the Clerk of the Court shall notify the attorneys of record together with any person who has filed an appearance and given an address that the case will be called on a date certain at which time it will be dismissed except for good cause shown.

CRITICAL

Deadline

3 business days

Notice of the remote-appearance request must be provided to the other party or their attorney at least three business days before the proceeding.

Notice of this request shall be provided to the other party or attorney ofrecord at least three business days prior to the court proceeding.

CRITICAL

The notice and request must be sent by first-class mail or fax, or delivered personally, by close of business on the day after the request is filed.

No later than the close of business on the day following the filing of the Request, a copy of the Notice and Request shall be sent by first class mail or facsimile transmission or delivered by personal service.

CRITICAL

When filing a request for extended media coverage, 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

Applies to

Motion for turnover

A motion for turnover of garnished sums or withheld wages must be presented on notice to the judgment debtor and the garnishee or employer.

Motions for turnover of garnished sums or withheld wages must be presented to the Court on notice to the judgment debtor and the garnishee or employer.

CRITICAL

Applies to

Party extended media coverage objection

Notice of a party’s objection must be provided to counsel of record, unrepresented parties, the Media Coordinator, and the Court Media Liaison.

Notice of this objection needs to be provided to all counsel of record, parties appearing without counsel, the Media Coordinator and the Court Media Liaison.

CRITICALCivil cases

Deadline

2 court days

Service

Personal service to opposing party

Notice by personal service must be delivered by 4:00 p.m. at least two court days before the hearing and comply with Supreme Court Rules 11 and 12.

The following methods of notice are permissible provided they are in compliance with Supreme Court Rule 11 and 12. The following times for notice shall be observed: Notice by personal service or commercial carrier shall be effective if delivered by 4:00 p.m. at least two (2) court days before the scheduled hearing.

CRITICAL

Deadline

3 court days

Fax notice must be completed by 4:00 p.m. at least three court days before the hearing.

Notice by fax shall be completed by 4:00 p.m. at least three (3) court days before the scheduled hearing.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction may not be served electronically through an e-file vendor and must be served conventionally.

Electronic service is not capable of conferring jurisdiction. Therefore, regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.

CRITICALCivil cases

Applies to

Turnover motion

A motion to turn over garnished sums or withheld wages must be presented on notice to the judgment debtor and the garnishee or employer.

Motions for turnover of garnished sums or withheld wages must be presented to the Court on notice to the judgment debtor and the garnishee or employer.

CRITICAL

After default on personal service, the respondent must receive five days’ written notice of intent to appear for prove-up at a specified address, and proof of service must be filed by the prove-up.

After default on personal service, five (5) days written notice of intent to appear for prove-up shall be given to the respondent at the address where the respondent was served with summons or at the last known residence of the respondent and certificate of such service shall be filed at or prior to the prove-up.

CRITICAL

Within ten days after an order dismissing for want of prosecution, the Clerk must send notice to attorneys and self-represented parties by email or, if no email address is on record, by prepaid first-class mail to the address on the last applicable appearance.

Within ten (10) days of the entry of an order of dismissal for want of prosecution the Clerk of the Court shall send notice of the dismissal to all attorneys of record, and all self-represented parties by emailing the same to that party's email address of record, or if none, by mailing the same, via first class mail with postage prepaid, to the address indicated on the last applicable appearance of record, and shall enter into the record a certificate of delivery of the same.

CRITICAL

The Clerk must use Appendix Form 2 to send written notice and a copy of the request to the listed recipients.

Using Form 2, in the Appendix, the Clerk of the Circuit Court shall send written notice and a copy of the Request for Media Coverage to the following persons: a. Attorneys of record; b. Parties appearing without counsel; c. The Court Media Liaison; d. The Judge; e. The Presiding Judge of the County in which the case pends; and f. The Chief Judge.

CRITICAL

Applies to

Emergency motion

A proponent claiming emergency relief must provide notice to the opposing party pursuant to statute.

2. Notice to the opposing party pursuant to statute; and

CRITICAL

Service

Electronic service to all parties

Other documents may be served electronically through the e-file vendor, and the filing party or attorney is responsible for completing that service.

All other documents may be served upon the other parties or their representatives electronically through the e-file vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the vendor's system.

CRITICAL

Applies to

Written appearance

A self-represented litigant 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

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

Each party must serve the completed Comprehensive Financial Statement within 30 days after the defendant files a general appearance or responsive pleading.

B. Within thirty (30) days of the filing of the defendant's general appearance or responsive pleading in any family law case, each party shall serve upon all parties entitled to notice the completed Comprehensive Financial Statement in the form established by these Rules

CRITICALCivil cases

Effective upon entry of this Order, the Petitioner in each Petition seeking an Order of Protection which is then consolidated into an FA, DC, or DN case shall deliver to the DeKalb County Sheriffs Department any Order which extends, amends, modifies, or terminates an Order of Protection.

Effective upon entry of this Order, the Petitioner in each Petition seeking an Order of Protection which is then consolidated into an FA, DC, or DN case shall deliver to the DeKalb County Sheriffs Department any Order which extends, amends, modifies, or terminates an Order of Protection.

CRITICAL

Service

Electronic service

The e-filing vendor must maintain and promptly update each case's service list and use the most current list when serving documents.

The e-filing vendor is required to maintain an e-service list for each e-filed case. The vendor shall immediately update the service list upon being given notice of new contact information. Whenever a document is submitted for service upon other parties by the e-filing vendor's system, the e-filing vendor shall use the most current e-service list to perform service.

CRITICAL

Service

Mail

moving party fails to appear at the prove-up, the movant or his or her attorney shall serve a copy of the judgment on such party by mail within ten (10) days from the entry of said judgment and shall file a proof of service with the Circuit Court Clerk.

moving party fails to appear at the prove-up, the movant or his or her attorney shall serve a copy of the judgment on such party by mail within ten (10) days from the entry of said judgment and shall file a proof of service with the Circuit Court Clerk.

CRITICAL

Applies to

Hearing notice

The hearing notice must be served with copies of the motion, any accompanying papers, and proof of service.

A copy of the motion, any papers to be presented with the motion, and proof of service shall be served with the notice.

CRITICALCivil cases

Applies to

Motion paper

Any writing supporting or opposing a motion must be filed and served on the opposing party.

B. Any writing in support of or in opposition to a motion will be filed and served upon the opposing party.

CRITICAL

The Clerk must provide a copy of each objection to the specified recipients and the Media Coordinator by close of business the day after filing, using the means listed in subparagraph 2.

The Clerk of the Circuit Court shall provide a copy of any objection filed to the persons listed in subparagraph 2 and to the Media Coordinator. The copy shall be provided using the means listed in subparagraph 2 no later than the close of business on the day following the filing of the objection.

CRITICALCivil cases

Applies to

Financial affidavit

The moving or responding party must deliver the Financial Affidavit to the other party and provide the court proof of service confirming the delivery date.

however, the moving/responding party shall be obligated to deliver the same to the other party with proof of service to the court confirming the date of delivery.

CRITICALCivil cases

Deadline

2 court days

Notice by fax must be transmitted by 4:00 p.m. at least two court days before the hearing and comply with Supreme Court Rules 11 and 12.

The following methods of notice are permissible provided they are in compliance with Supreme Court Rule 11 and 12. The following times for notice shall be observed: Notice by fax shall be effective if transmitted by 4:00 p.m. at least two (2) court days before the scheduled hearing.

CRITICAL

Any writing supporting or opposing a motion must be filed and served on the opposing party.

Any writing in support of or in opposition to a motion will be filed and served upon the opposing party.

CRITICAL

Applies to

Notice of hearing

The notice must be served with a copy of the motion, any papers to be presented with it, and proof of service.

A copy of the motion, any papers to be presented with the motion, and proof of service shall be served with the notice.

CRITICAL

If a party or its designee has not subscribed to a vendor’s services, all other documents must be served pursuant to Supreme Court Rule 12.

If a party or party's designee has not subscribed to a vendor's services, service of all other documents shall be pursuant to Supreme Court Rule 12.

CRITICAL

Applies to

Statement of the nature of the case

The Statement of the Nature of the Case must be submitted to the Court and each opposing party.

In all civil jury cases, the plaintiff's attorney will prepare and submit to the Court and to each opposing party a Statement of the Nature of the Case for use at voir dire.