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

CRITICAL

Applies to

Written appearance

The attorney must serve copies of the written appearance in the manner required for serving pleadings.

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

CRITICALCivil cases

The affidavit of service must evidence service of both the summons and the notice on the defendant.

The notice shall be attached to a copy of the summons and filed in the case with the Clerk as part of the affidavit of service, evidencing service of both the summons and the notice on a defendant(s).

CRITICAL

Applies to

Comprehensive financial statement

Within 30 days after the defendant files a general appearance or responsive pleading, each party must serve the completed Comprehensive Financial Statement in the form established by the Rules on all parties entitled to notice.

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

CRITICAL

The clerk must send each objection to the listed recipients and the Media Coordinator by the close of business the following day, using the service methods stated for the request notice.

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

Deadline

3 business days

Applies to

Remote appearance request notice

A request to appear remotely for an in-person proceeding requires advance court approval and notice to the other party at least three business days before the proceeding; the other party may object in writing, and the Court decides whether to grant the request.

Parties who wish to appear remotely for a future court appearance where the proceeding is otherwise scheduled to be in-person shall be entitled to do so only upon advance approval of the court. Notice of this request shall be provided to the other party or attorney of record at least three business days prior to the court proceeding. The other party or attorney may make written objection to the request. It is within the discretion of the Court whether to grant any request where an in-person appearance is otherwise required.

CRITICAL

A copy of the Notice and Request must be served on the specified recipients by close of business the day after filing, using an authorized method unless the Chief Judge orders otherwise.

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. The Chief Judge may order alternative means of service, such as electronic mail, for the recipients named in subparagraphs d-f above.

CRITICAL

When filing a written objection, the objector must notify the requester, court media liaison, counsel of record, and unrepresented parties at the same time.

At the same time a written objection is filed, the objector shall provide notice of the objection to the requester, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Service

Mail to opposing party

If the non-moving party does not appear at prove-up, the movant or counsel must mail the judgment to that party within ten days after entry and file proof of service with the 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

Motions 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

Pleadings, motions, and other papers not served in compliance with Supreme Court Rules 11 and 12 may be stricken, with or without advance notice.

Pleadings, motions and other papers documents filed with the Clerk, and not served in compliance with Supreme Court Rules 11 and 12, may be stricken by the Judge hearing the case, either with or without advance notice.

CRITICAL

The first alias must be returnable 14 to 30 days after issuance.

The first alias shall be returnable no less than fourteen ( 14) and no more than thirty (30) days from the date of issuance.

CRITICAL

Applies to

Appointment order

Designated counsel must forward the appointment order to the appointed child representative within five days of 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

Pleadings motions and other papers

Pleadings, motions and other papers filed with the Clerk, and not served in compliance with Supreme Court Rules 11 and 12, may be stricken by the Judge hearing the case, either with or without advance notice.

Pleadings, motions and other papers filed with the Clerk, and not served in compliance with Supreme Court Rules 11 and 12, may be stricken by the Judge hearing the case, either with or without advance notice.

CRITICALCivil cases

If the respondent lives outside DeKalb County, the petitioner must deliver the Order of Protection to the sheriff in the respondent’s county for service on the respondent.

In addition, if a Respondent subject to an Order of Protection resides outside of DeKalb County, the Petitioner shall deliver the Order to the Sheriff in the County in which the Respondent resides for service on the Respondent.

CRITICAL

Service

Electronic service to all parties

Email e-service is complete on the first court day after transmission and is valid service on all parties with the same legal effect as personal service.

E-service via e-mail shall be deemed complete on the first court day following transmission by the e-file vendor 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.

CRITICALCivil cases

The appointed representative must be notified of all court appearances and conferences and attend unless excused; failure to provide proper notice may result in sanctions, including vacatur of a resulting order or judgment.

The Attorney for the Child, Guardian ad Litem or Child’s Representative shall be notified of all court appearances and conferences with the judge and appear unless excused by the judge or by agreement of the parties including the Attorney for the Child, Guardian ad Litem, or Child’s Representative. Failure to give proper notice to the Attorney for the Child, Guardian ad Litem or Child’s Representative may result in sanctions including, but not limited to, the vacating of any resulting court order or judgment.

CRITICAL

Service

Electronic 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.

CRITICAL

Applies to

Emergency motion

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

Notice to the opposing party pursuant to statute;

CRITICAL

Counsel must provide opposing counsel with the Affidavit of Income and Expenses, anticipated exhibits and witnesses list, and contested-issues statement at least 14 days before trial.

C. Counsel shall provide copies of the following information to opposing counsel at least fourteen (14) 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

Deadline

2 court days

Service

Personal service

Notice by personal service must be made by 4:00 p.m. at least two court days before the hearing.

Notice by personal service shall be made by 4:00 p.m. at least two (2) court days before the scheduled hearing.

CRITICAL

If the third alias is returned unserved, the supplementary proceeding will be dismissed, but may be reinstated upon a showing that service can likely be obtained.

If the third alias is returned unserved, the supplementary proceeding will be dismissed with leave to reinstate upon showing that service can likely be obtained.

CRITICAL

If a party or the party's designee has not subscribed to the vendor's services, other documents must be served under 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

Service

Personal service

A body-attachment or other civil incarceration or detention order for indirect civil contempt may not issue until the respondent has been served personally or at their abode and given an opportunity to appear and show cause.

No order of body attachment or other civil order for the incarceration or detention of a natural person respondent to answer for a charge of indirect civil contempt shall issue unless the respondent has first had an opportunity, after personal or abode service of notice as provided in Supreme Court Rule 105, to appear in court to show cause why the respondent should not be held in contempt.

CRITICAL

The Attorney for the Child, Guardian ad Litem, or Child's Representative must be notified of all court appearances and judicial conferences and must attend unless excused; failure to give proper notice may result in sanctions, including vacatur of a resulting order or judgment.

The Attorney for the Child, Guardian ad Litem or Child's Representative shall be notified of all court appearances and conferences with the judge and appear unless excused by the judge or by agreement of the parties including the Attorney for the Child, Guardian ad Litem, or Child's Representative. Failure to give proper notice to the Attorney for the Child, Guardian ad Litem or Child's Representative may result in sanctions including, but not limited to, the vacating of any resulting court order or judgment.

CRITICALCivil cases

Applies to

Notice of hearing

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

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

CRITICAL

Counsel or a self-represented party seeking to introduce a witness’s testimony must notify the witness of the request for or granting 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

The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, must be served on opposing counsel or the opposing party no later than five days before the 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

Deadline

5 calendar days

Service

Mail to opposing party

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

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 a certificate 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.

CRITICALCivil cases

Within 10 days after a dismissal-for-want-of-prosecution order, the Clerk must notify attorneys and self-represented parties by email, or by prepaid first-class mail if no email address is on record.

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.

CRITICALCivil cases

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

The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, as required by Section 6.25 shall be served upon opposing

CRITICALCivil cases

After default following personal service, the respondent must receive five days’ written notice of the intent to appear for prove-up at either the summons-service address or the respondent’s last known residence.

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.

CRITICALCivil cases

Applies to

Motion to consolidate

A motion to consolidate must be brought on notice to all parties of record in every case proposed for consolidation.

A. Motions for consolidation of cases shall be brought on notice to all parties of record in all cases involved in the proposed consolidation.

CRITICAL

The second alias must be returnable no more than 60 days after issuance.

The second alias shall be returnable no more than sixty (60) days from the date of issuance.

CRITICAL

Applies to

Settlement conference memorandum

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

shall deliver a copy to the judge and to counsel of record seven (7) days in advance of the settlement conference.

CRITICAL

The third alias must be returnable no more than 90 days after issuance.

The third alias shall be returnable no more than ninety (90) days from the date of issuance.

CRITICAL

Applies to

Statement of the nature of the case

In civil jury cases, the plaintiff’s attorney must submit the Statement of the Nature of the Case to each opposing party.

In all civil jury cases, the plaintiffs 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.

CRITICALCivil cases

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.

CRITICAL

The Attorney for the Child, Guardian ad Litem, or Child's Representative must submit service statements to litigants within 90 days of appointment and every subsequent 90-day period during the appointment.

The Attorney for the Child, Guardian ad Litem or the Child's Representative shall submit statements to litigants for services rendered within 90 days of his or her appointment, and every subsequent 90-day period thereafter during the course of his or her appointment.

CRITICAL

Counsel proposing to introduce a witness's testimony must notify that witness of the right to object using Form #2A or a substantially similar form and file proof of notice.

All witnesses shall be notified by counsel proposing to introduce their testimony of their right to object to extended media coverage, by using Form #2A, in the Appendix, or a substantially similar form. Counsel shall file an appropriate proof of notice.

CRITICAL

Applies to

Court orders and pleadings

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

Applies to

Comprehensive financial statement

Each party must serve the completed Comprehensive Financial Statement on all parties entitled to notice within 30 days after the defendant files a general appearance or responsive pleading.

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

CRITICAL

The opposing party must receive proper notice in connection with a petition for a rule to show cause.

A Rule to Show Cause shall issue upon the filing of a verified Petition for Rule to Show Cause with proper notice to the opposing party.

CRITICAL

Applies to

Motion for consolidation

A consolidation motion must be brought on notice to all parties of record in every case involved.

Motions for consolidation of cases shall be brought on notice to all parties of record in all cases involved in the proposed consolidation.

CRITICAL

The clerk must send the Form 2 notice and request to the listed recipients by the close of business the following day, using the stated service methods unless the Chief Judge orders an alternative method for specified 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. 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. The Chief Judge may order alternative means of service, such as electronic mail, for the recipients named in subparagraphs d- f above.

CRITICAL

Applies to

Written appearance

A self-represented litigant must serve copies of the appearance in the manner required for serving pleadings.

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

CRITICALCivil cases

Applies to

Attached forms

The forms must be served with the summons and complaint in the manner prescribed by the Illinois Code of Civil Procedure.

Said forms shall be served along with the summons and complaint in like manner as set forth in the Illinois Code of Civil Procedure.

CRITICAL

Service

Personal service

In electronically filed cases, documents requiring personal service to confer jurisdiction may not be served 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.

CRITICAL

Service

Electronic service

The e-filing vendor must maintain an e-service list for each e-filed case.

The e-filing vendor is required to maintain an e-service list for each e-filed case.

CRITICAL

Service

Electronic service

The vendor must immediately update the service list after receiving notice of new contact information.

The vendor shall immediately update the service list upon being given notice of new contact information.