Court Rules

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

125 rules from official source documents

Rules 101 to 125, page 3 of 3

E-service, mail, personal service, proof of service, certificate, and timing requirements.

CRITICAL

Applies to
Party objection

Notice of the objection must be provided to all 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.

CRITICAL

Applies to
Request for extended media coverage

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

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

CRITICAL

Service
Electronic service to all parties

The e-filing vendor must use the most current e-service list whenever its system serves a document on other parties.

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

If a party or its designee has not subscribed to a vendor’s services, all 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
Electronic service to all parties

Electronic service is completed on the first court day after transmission and is valid service on all parties with the same legal effect as personal service.

Service of an e-document shall be deemed completed on the first court day following electronic transmission to the recipient by the efile 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.

CRITICALCriminal cases

Applies to
Grand jury subpoena documents

Upon receipt and filing, the Circuit Clerk must provide the State's Attorney a file-stamped copy of the documents.

The Circuit Clerk shall provide the State's Attorney with a file-stamped copy of these documents upon receipt and filing.

WARNING

Deadline
2 court days

Notice by personal service or commercial carrier is effective if delivered by 4:00 p.m. at least two court days before the hearing.

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.

WARNING

Service
Electronic service

Electronic service through the vendor cannot confer jurisdiction when the law requires personal service.

Electronic Service ("a-service"): An electronic transmission of documents to a party, attorney or representative in a case via the vendor. However, a-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNING

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

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

WARNING

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.

WARNING

Notice of the witness's objection must be given to the requester, court media liaison, counsel of record, and unrepresented parties.

5. Proper notice of this objection has been given to the requester, the court media liaison, all counsel of record, and parties appearing without counsel.

WARNING

The Chief Judge may order alternative service methods, such as email, for the recipients listed in subparagraphs d through f.

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

WARNING

Service
Electronic service

The e-filing vendor must maintain a service list for each e-filed case and immediately update it upon notice of new contact information.

The e-filing vendor is required to maintain an a-service list for each e-filed case. The vendor shall immediately update the service list upon being given notice of new contact information.

WARNING

Deadline
5 calendar days
Service
Mail

Notice by mail is effective if deposited in a U.S. Post Office at least five calendar days before the hearing.

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

WARNING

Service
Electronic service

E-service is transmitted through the vendor, but it does not confer jurisdiction when the law requires personal service.

Electronic Service ("e-service"): An electronic transmission of documents to a party, attorney or representative in a case via the vendor. However, e-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNING

Deadline
2 court days

Notice by fax is effective if transmitted by 4:00 p.m. at least two court days before the hearing.

Notice by fax shall be effective if transmitted by 4:00 p.m. at least two (2) court days before the scheduled hearing.

WARNING

Notice of the party's objection must be given to the requestor, court media liaison, counsel of record, and unrepresented parties.

4. Proper notice has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

WARNING

If a civil case has had no order for nine months and no future date, the Clerk must notify attorneys of record and qualifying appearance filers that the case will be called on a specified date for dismissal absent good cause.

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.

WARNING

Applies to
Notice of appeal or post judgment enforcement proceeding document

Any notice of appeal and post judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.

Any notice of appeal and post judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.

WARNING

Service
Mail to all parties

Within ten days after an order dismissing for want of prosecution, the Clerk must mail notice to attorneys of record and self-represented parties and place a certificate of mailing on the 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 at their last known address indicated in the file by regular mail and place of record a certificate of mailing to all self represented parties and attorneys of record at their last known addresses of record.

WARNING

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 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.

WARNING

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 using 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.

WARNING

Service
Electronic service

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

However, e-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNING

Applies to
Pleading motion or other paper

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 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.

WARNING

Notice-of-appeal and post-judgment enforcement proceeding documents may be served in accordance with Supreme Court Rules.

Any notice of appeal and post judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.