18th Judicial Circuit Court, DuPage County Service and Proof of Service Rules

Documents requiring personal service for jurisdiction may not be e-served, must be served conventionally.

Source text: 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.

Clerk must promptly deliver writs and process to the Sheriff or law-directed person for service upon issuance.

Source text: Upon the issuance of any writ or process, the Clerk of the Court shall promptly deliver said writ or process to the Sheriff, or to such person as the law directs, for service.

Petitioner must serve written notice on DuPage County Board of Elections within 24 hours of filing electoral board judicial review petition.

Source text: The Petitioner in any proceeding which falls under Rule 1.31(a) shall serve upon the DuPage County Board of Elections written notice of the filing of any such proceedings within twenty-four (24) hours of the filing of the petition.

Clerk must provide 10-day notice of remand status date to parties and attorneys of record via Notice of Reviewing Court Mandate.

Source text: The Circuit Clerk shall provide ten-day notice of the remand status date by including said notice within the Notice of Reviewing Court Mandate, which Notice is currently provided to parties and attorneys of record by the Circuit Clerk pursuant to Rule.

Pleadings, motions, and other documents not served per Supreme Court Rules 11 and 12 shall be stricken.

Source text: Pleadings, motions, and other documents filed with the Clerk and not served in compliance with Supreme Court Rules 11 and 12 shall be stricken.

Litigants/attorneys must provide a copy of exhibit lists to the courtroom clerk at the start of trial.

Source text: Litigant/attorney shall provide a copy of their exhibit list(s) to the courtroom clerk at the commencement of the trial.

Clerk will not accept non-wage garnishment affidavits or issue summons for judgments by confession unless the judgment is confirmed after service of process.

Source text: The Clerk of the Circuit Court of DuPage County shall not accept an affidavit for a non-wage garnishment and shall refuse to issue summons in such proceeding based upon a judgment by confession unless such judgment is confirmed after service of process.

If turnover date is waived, creditor must send Notice of Motion to judgment debtor and employer with turnover order date.

Source text: Where the judgment creditor or the attorney for the judgment creditor waives the setting of a turnover date at the time of the issuance of the Wage Deduction Summons, the judgment creditor or attorney for the judgment creditor must thereafter send Notice of Motion to the judgment debtor and the employer of the date for entry of a turnover order.

Judgment debtor must send hearing notice to judgment creditor, creditor's attorney, and employer.

Source text: It shall be the responsibility of the judgment debtor or the attorney for the judgment debtor to send notice of the hearing to the judgment creditor, attorney for the judgment creditor and the employer. Failure of the judgment creditor to appear will result in dismissal of the garnishment proceeding.

Employers moving to vacate a conditional judgment must serve Notice of Motion, answer, and motion on judgment creditor and debtor.

Source text: When an employer seeks to vacate a conditional judgment, the employer must file an answer at the time the motion to vacate is filed, and must send Notice of Motion, together with an answer and motion to vacate, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

Clerk must immediately deliver a copy of filed Notices of Appeal to the Administrator of Court Reporters.

Source text: Upon the filing of a Notice of Appeal in any matter, the Clerk of the Court shall immediately deliver a copy of said Notice to the Administrator of Court Reporters.

Documents requiring personal service for jurisdiction may not be served electronically; conventional service is required.

Source text: 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.

Non-jurisdictional documents may be served electronically via e-file vendor; filing party is responsible for service.

Source text: 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.

Unsubscribed parties may be served via fax; vendor records fax date/time in proof of service. Mail service used if e-file and fax impossible.

Source text: If a party or party’s designee has not subscribed to a vendor’s services, service of all other documents via facsimile transmission is hereby authorized. In the event of service via facsimile, the vendor’s system will record the date and time the fax transmission was completed in the proof of service for that transaction. If neither e-file nor fax transmission service is possible, the vendor shall provide service by mail and charge back the cost to the subscriber.

E-service via email is complete on the first court day after transmission and has the same effect as personal service of paper documents.

Source text: E-service via email 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 have the same legal effect as personal service of an original paper document.

E-service failures due to vendor issues or incorrect service list entitle the served party to a response extension absent extraordinary circumstances.

Source text: If electronic service on a party does not occur because of (1) inaccessibility to the Vendor’s system, (2) an error in the vendor’s transmission of notice to the party being served, (3) the vendor’s failure to process the electronic filing for service or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

Vendors must maintain and update e-service lists, using the most current list for all service.

Source text: 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.

Subscribers must notify parties, Clerk, and vendor of contact info changes at least 10 business days before the change takes effect.

Source text: All subscribers and other participants must immediately, but not later than ten business days prior to when such a change takes effect, notify other parties, the Clerk and the e-filing vendor of any change of firm name, delivery address, fax number or email address.

Clerk mails notice of dismissal to pro se parties and attorneys within 10 days of dismissal.

Source text: 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, at the last address indicated in the court file, within ten (10) days of the dismissal. A copy of the notice, with the Clerk’s certificate of mailing, shall be made of record.

For written motions, a copy of the motion or statement of prior service must be served with the notice of hearing.

Source text: If the motion is written, a copy of the motion or a statement that it previously has been served shall be served with the notice.

Copies of all documents presented with the motion must be served with the notice of hearing, or the notice must state copies were served.

Source text: Copies of all documents presented to the Court with the motion shall be served with the notice or the notice shall state that copies have been served.

Ex parte/emergency order copies must be served personally or by U.S. mail on interested persons and parties of record not in default.

Source text: The party presenting the motion shall serve a copy of the order personally or by U.S. mail upon all persons having an interest who have not yet been served with summons and upon all parties of record not theretofore found by the Court to be in default.

Discovery documents may be served personally or by U.S. mail; proof of service must be filed with the Clerk, identifying the document.

Source text: Discovery documents and notice of filing may be served and answered personally or by U.S. mail. Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court and shall adequately identify the particular discovery document being served or answered.

Judgment debtors or their attorneys must send hearing notices to judgment creditors, their attorneys, and employers.

Source text: It shall be the responsibility of the judgment debtor or the attorney for the judgment debtor to send notice of the hearing to the judgment creditor, attorney for the judgment creditor and the employer.

Employers must send Notice of Motion, answer, and motion to vacate to judgment creditors, their attorneys, and judgment debtors.

Source text: When an employer seeks to vacate a conditional judgment, the employer shall file an answer at the time the employer files the employer’s motion to vacate, and must send Notice of Motion, together with the employer’s answer and motion to vacate the conditional judgment, to the judgment creditor or attorney for the judgment creditor and the judgment debtor.

Personal surety property schedules must be served on all opposing parties within 48 hours of court acceptance per Supreme Court Rule 11.

Source text: If the person offered as a surety is accepted by the Court, the schedules of property shall be filed with the bond, and shall be served upon all opposing parties in the manner prescribed by Supreme Court Rule 11 within forty-eight (48) hours after the Court accepts the surety.

Copies of objections and answers must be served on petitioner and objector respectively at time of filing.

Source text: A copy of the objections shall be served upon the petitioner, and a copy of the answer shall be served upon the objector, not later than the time of the respective filings.

Motions to advance or postpone arbitration hearings must be served on all party counsel, pro se parties, and the Arbitration Administrator.

Source text: The notice of hearing and motion shall be served upon counsel for all other parties, upon pro se parties as provided by Supreme Court Rule and Rules of the Circuit Court of the 18th Judicial Circuit, and upon the Arbitration Administrator.

Parties granted a continuance of an arbitration hearing must immediately notify the Arbitration Administrator of the new date/time via phone, fax, personal service, or mail.

Source text: If such advancement or postponement is granted, the party requesting the advancement or postponement shall immediately notify the Arbitration Administrator, by phone and fax, or personal service, or if time permits, mail of the new date and time.

Mediator must provide copies of Mediation Report to parties, legal counsel, CASA, and Guardian ad Litem (if applicable) on or before status date.

Source text: On or before the status date, the mediator shall submit a Mediation Report to the Court and provide copies to the parties and their legal counsel, CASA and/or the Guardian ad Litem, if applicable.

CASA must provide Program notice of mediation referral via email within 3 days of referral.

Source text: CASA shall provide the Program notice of a referral to Guardianship Family Engagement Mediation within (3) days of referral via email to the Program facilitator.

Parties must serve completed Financial Affidavits on all entitled parties within 30 days of respondent's general appearance or first responsive pleading in pre-judgment domestic relations cases.

Source text: Within thirty (30) days of the filing of the respondent’s general appearance or the first responsive pleading in any pre-judgment Domestic Relations proceeding for, each party shall serve upon all parties entitled to notice, a completed Financial Affidavit in the form approved by the Illinois Supreme Court.

Upon tendering Financial Affidavit to other party, file certificate of compliance and proof of service with Clerk; Financial Affidavit itself must not be filed.

Source text: At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.

Order appointing evaluator must be provided to evaluator via facsimile, personal delivery, or electronic delivery within 48 hours of entry.

Source text: The Petitioner shall provide the order appointing the evaluator to the evaluator, via facsimile, personal delivery, or electronic delivery within forty-eight (48) hours of the entry of said order.

Pre-trial memorandum copies must be sent to judge and opposing counsel at least 2 business days before pre-trial conference.

Source text: Copies of the pre-trial memorandum shall be sent to the judge and to opposing counsel at least two (2) business days prior to the Conference.

All exhibit copies must be exchanged among attorneys at least 3 days prior to trial.

Source text: Each party shall submit a list of numbered exhibits with copies of all exhibits having been exchanged among all attorneys at least three (3) days prior to trial.

Trial memorandum must be tendered to trial judge and opposing counsel at trial status date.

Source text: At the trial status date, counsel for each party shall tender a trial memorandum to the trial judge and opposing counsel.

Replies to fee arbitration petitions and accompanying proof of service must be filed with the Clerk and served on the opposing party via mail or hand delivery within 15 calendar days of the arbitration order.

Source text: Any reply to the Petition for Setting Final Fees and Costs or other response and proof of service shall be filed with the Clerk of Court and delivered to the other party by mail or by hand delivery within fifteen (15) days after entry of the arbitration order.

Appearing parties must deliver arbitration orders to non-appearing parties via mail or hand delivery within 3 business days of the order's entry.

Source text: In the event one party is not present at the initial court date and an arbitration order is entered, the appearing party must within three (3) business days deliver a copy of the order to the non-appearing party by mail or by hand delivery.

Small claims summons must use Clerk-approved form per Supreme Court Rule 101(b) and be served with a complaint copy.

Source text: An approved summons form provided by the Clerk of the Court, 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.

Court must be notified of emergency custody changes under Rule 17.14 within 36 hours, excluding weekends and holidays.

Source text: The Court must be notified within thirty-six (36) hours, exclusive of Saturdays, Sundays, and legal holidays, of a change of custody made pursuant to Rule 17.14, and if physically

Routine juvenile custody changes require written notice to court, custodian, and respondents 10 court days in advance, with reason for change.

Source text: The temporary or permanent custody of a minor who is the subject of Juvenile Court proceedings shall not be changed unless the Court, the legal custodian or guardian of the person, and all other respondents, are given notice in writing, setting forth the reason for the requested change in custody at least ten (10) court days in advance of such change and said custodian or guardian is afforded opportunity to be heard by the Court as provided in 705 ILCS 405/2-28(1), 3-29(1), 4-26(1) and 5-745(3) of the Juvenile Court Act or files with the Court a written consent to such change.

Parties with custody of a pregnant minor in juvenile proceedings must report the pregnancy to the court within 48 hours of learning.

Source text: A parent, guardian, legal custodian, foster parent or other person in loco parentis with a minor who is a subject of Juvenile Court proceedings knowing or having reason to know that such minor is pregnant shall report such fact to the Court within forty-eight (48) hours after learning of the pregnancy.

Orders from account hearings must be served by the Clerk via regular U.S. mail on the guardian/executor/administrator and estate attorney.

Source text: The order shall be served by the Clerk of the Court by regular U.S. mail on the guardian, executor or administrator and the attorney for the estate.

Notice to attorneys representing entitled persons must be sent not less than 20 days before hearing.

Source text: If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than twenty (20) days before the date set for the hearing.

Notice with account copy to known persons sent by mail/person 20 days before hearing, 30 days if address outside US/Canada.

Source text: If the name and present post office address of the person is known to the representative or the representative’s attorney, the notice, accompanied by a copy of the account, shall be given to the person entitled to notice in person or sent by mail to his or her post office address not less than twenty (20) days before the hearing, unless the post office address of the person is outside the United States or Canada, in which event the notice shall be sent not less than thirty (30) days before the hearing.

Notice by publication once weekly for 3 weeks, first publication ≥30 days before hearing, if person's name/address unknown.

Source text: If the name or present post office address of the person is not known to the representative or the representative’s attorney, notice shall be given by publication once a week for three (3) successive weeks, the first publication to be not less than thirty (30) days before the date of the hearing.

Petitioner's attorney must notify Department of Probate and Court Services within 5 days of filing adoption petition if consents required.

Source text: The petitioner’s attorney shall have the duty of notifying the Department of Probate and Court Services within five (5) days after the petition is filed, if consents are to be taken.

Motions affecting parties, court dates, or adoptee status must serve notice on Guardian ad Litem.

Source text: Notice must be served on the Guardian ad Litem if the Motion seeks relief affecting any named or unnamed party, changing a court date set by prior order or the status of the adoptee as established by the Interim Order entered in the matter.

Personal service of notice of motion must be completed by 4:00 p.m. of the second court day preceding the hearing.

Source text: If notice of motion is given by personal service, the notice and motion shall be served by 4:00 p.m. of the second court day preceding the date when the motion will be presented.

Notice of motion sent by mail must comply with Supreme Court Rule 12 service requirements.

Source text: Notice by mail shall be completed as provided by Supreme Court Rule 12.

Fax service of notice of motion permitted only with party consent per Illinois Supreme Court Rule 11, and must comply with Supreme Court Rule 12.

Source text: Notices served by facsimile transmission (fax) upon those parties or attorneys who have consented to service by fax in accordance with Illinois Supreme Court Rule 11 shall be completed as provided by Supreme Court Rule 12.

Speedy trial demand must be served on the State’s Attorney via methods permitted by Supreme Court Rules 11 and 12.

Source text: (2) A copy of the demand shall be served on the State’s Attorney in any manner permitted by Supreme Court Rules 11 and 12;

Petitions to expunge arrest records must be served on the appropriate prosecuting authority.

Source text: Notice of the petition shall be served upon the appropriate prosecuting authority.

Alleged parking violators must be notified by U.S. mail of the violation and penalty amount.

Source text: Notified the alleged violator by U.S. mail of the violation and the amount of money that will be accepted by U.S. mail or in person to satisfy the violation

Parking violator summons must be served by any method allowed under Supreme Court Rule 105(b)(1) and (2).

Source text: Served upon the alleged violator a summons to appear in court on a specific date and time by any method provided by Supreme Court Rule 105(b)(1) and (2) (not chaptered in ILCS) [Chapter 110A, Section 105(b)(1) and (2)]

Clerk must immediately deliver copy of Notice of Appeal to Administrator of Court Reporters when indigent defendant files in court on sentencing date.

Source text: When an indigent defendant files a Notice of Appeal in court on the date of sentencing, the Clerk of the Court shall immediately deliver a copy of said Notice to the Administrator of Court Reporters so that preparation of the transcript may commence.

Clerk must forward copy of Notice of Appeal to Administrator of Court Reporters when indigent defendant files directly with Clerk outside court presence.

Source text: When an indigent defendant files a Notice of Appeal with the Clerk of the Court directly, outside the presence of the Court, the Clerk of the Court shall forward a copy of said Notice to the Administrator of Court Reporters.

Clerk must forward copy of Notice of Appeal to assigned judge upon filing.

Source text: The Clerk shall also, upon the filing, forward a copy of the Notice to the judge to whom the case is assigned so that counsel may be appointed as soon as possible.

Clerk must supply copy of counsel appointment order to Administrator of Court Reporters instanter upon appointment of counsel.

Source text: Upon the appointment of counsel, the Clerk shall supply a copy of the order making said appointment to the Administrator of Court Reporters instanter so that preparation of the Report of Proceedings may commence.

Clerk must provide written notice of filed extended media coverage requests to counsel, pro se parties, and court media liaison.

Source text: The Clerk of the Circuit Court shall provide written notice of all filed requests for extended media coverage to all counsel of record, parties appearing without counsel, and the court media liaison.

Clerk must provide written notice of filed extended media coverage objections to counsel, pro se parties, media coordinator, and court media liaison.

Source text: The Office of the Clerk of the Circuit Court shall provide written notice of all filed objections to extended media coverage to all counsel of record, parties appearing without counsel, the media coordinator and the court media liaison.

Notices of appeal and post-judgment enforcement documents may be served electronically per Supreme Court Rules.

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