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

CRITICAL

Applies to

Case service plan

DCFS must provide a case/service plan within 45 days of placement.

A case/service plan (within 45 days of placement);

CRITICAL

An employer moving to vacate a conditional judgment must send the Notice of Motion, answer, and motion to vacate to the judgment creditor or their attorney and the judgment debtor.

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.

CRITICAL

Deadline

24 hours

Petitioners must serve written notice of the filing on the DuPage County Board of Elections within 24 hours of filing the petition.

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.

CRITICALCivil cases

Deadline

3 business days

Service

Mail to opposing party

If one party is absent at the initial court date, the appearing party must deliver a copy of the arbitration order to the non-appearing party by mail or hand delivery within 3 business days.

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.

CRITICALCivil cases

GAL pleadings must be served on all parties.

Copies of such pleadings must be served on all parties as required by the applicable Rules.

CRITICAL

Applies to

Account

Service

Mail

Notice of a final account hearing must be sent to a represented person's attorney no less than 20 days before the hearing.

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.

CRITICAL

Applies to

Discovery documents

Discovery documents may be served personally, by U.S. mail, or by email, and proof of service and notice of filing must be filed with the Clerk.

Discovery documents and notice of filing may be served and answered personally, by U.S. mail, or by electronic mail, consistent with Ill. Sup. Ct. R. 11. Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court

CRITICAL

Applies to

Notice of motion

No summary judgment motion may be heard until ten days after service of the notice of motion under Supreme Court Rule 11.

A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion in compliance with Supreme Court Rule 11.

CRITICAL

Applies to

Financial affidavit

Each party must serve a completed Financial Affidavit on all parties entitled to notice within 30 days of the respondent's general appearance or first responsive pleading.

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.

CRITICAL

Applies to

Pleadings motions other documents

Pleadings, motions, and other documents filed without service in compliance with Supreme Court Rules 11 and 12 will be stricken.

(d) Pleadings, motions, and other documents filed with the Clerk and not served in compliance with Supreme Court Rules 11 and 12 shall be stricken.

CRITICAL

Deadline

48 hours

Accepted personal sureties' schedules of property must be filed with the bond and served on all opposing parties under Supreme Court Rule 11 within 48 hours of court acceptance.

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.

CRITICAL

The DuPage County Board of Elections must be a necessary party to any judicial review proceeding of electoral board decisions when it handles ballot printing, election materials, or absentee voting.

Whenever the DuPage County Board of Elections is charged with the responsibility for printing ballots, providing election materials, or providing for absentee voting in any federal, state or local election, it shall be a necessary party to any proceeding for judicial review of decisions of electoral boards pertaining to such elections.

CRITICALCivil cases

Applies to

Notice

The moving party must serve notice accompanied by a copy of the verified petition intended to be filed.

The moving party shall serve notice, accompanied by a copy of the verified petition intended to be filed in the cause.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction may not be served electronically 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

The judgment debtor must send notice of the exemption hearing to the judgment creditor, the creditor's attorney, and the employer; the creditor's failure to appear results in dismissal.

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.

CRITICAL

Applies to

Summons

The approved summons must be served upon each defendant together with a copy of the complaint.

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.

CRITICAL

Applies to

Visitation plan

DCFS must provide a visitation plan within 10 days.

A visitation plan (to be provided within 10 days);

CRITICAL

Applies to

Motion

Notice of a motion must be served on the Guardian ad Litem whenever the motion affects any party, changes a court date set by prior order, or alters the adoptee's status under an existing Interim Order.

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.

CRITICAL

Service

Electronic service

If electronic service fails due to specified reasons, the party served is entitled to an order extending the time to respond.

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.

CRITICAL

Attorneys must serve the written appearance on the prosecution before addressing the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

CRITICAL

Service

Personal service

Notice of a motion given by personal service must be served by 4:00 p.m. on the second court day before the date the motion will be presented.

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.

CRITICAL

Deadline

30 calendar days

Applies to

Financial affidavit

In post-judgment financial proceedings, the moving party must tender a Financial Affidavit to the opposing party within 30 days of filing the proceeding.

In any post-judgment financial Domestic Relations proceedings (excluding enforcement proceedings), the moving party shall tender a Financial Affidavit to the opposing party within thirty (30) days of the filing of the post-judgment proceeding, and the opposing party shall tender to the moving party a Financial Affidavit with thirty (30) days of receiving the moving party’s Financial Affidavit.

CRITICAL

A copy of the speedy trial demand must be served on the State's Attorney and filed with the Clerk with proof of service.

(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; and (3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State's Attorney.

CRITICAL

Applies to

Temporary relief petition

For temporary relief, the moving party must serve notice accompanied by a copy of the verified petition to be filed and present the petition per Local Rules 6.04(d) and 15.05.

The moving party shall serve notice, accompanied by a copy of a verified petition intended to be filed in the cause, and present said Temporary Relief Petition in accordance with Local Rules 6.04(d) and 15.05.

CRITICALCivil cases

Applies to

Motion

Except for emergencies, the moving party must serve proper notice for all motions or petitions for relief per Local Rule 6.04(d).

Except for emergency matters, the moving party shall serve proper notice for all motions or petitions for relief in accordance with Local Rule 6.04(d).

CRITICALCivil cases

Deadline

2 business days

Applies to

Mediation referral order

Plaintiff or plaintiff's attorney must provide a copy of the mediation referral order to the defendant within two business days.

As per the Court’s order, the Program shall receive notice of a referral to the Small Claims Mediation Program, and the plaintiff or their attorney shall provide a copy of the order to the defendant within two (2) business days.

CRITICAL

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

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

CRITICAL

Applies to

Dispositional hearing package

The dispositional report, service plan, and integrated assessment (if ordered) must be provided at least seven days before the dispositional hearing.

The following shall be provided at least seven (7) days prior to the dispositional hearing: (1) Dispositional report; (2) Service plan; (3) Integrated assessment (if ordered).

CRITICAL

Service

Personal service

Notice of motion served by personal service must be served by 4:00 p.m. of the second court day preceding presentation; mail and fax service are completed per Supreme Court Rule 12.

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 by mail shall be completed as provided by Supreme Court Rule 12. 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.

CRITICAL

Service

Electronic service

All other documents may be served electronically through the e-file vendor; the filing party must complete electronic 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

Service

Personal service

For personal service, notice and motion must be served by 4:00 p.m. two court days before the presentation date.

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.

CRITICAL

Deadline

30 calendar days

Applies to

Financial affidavit

Each party must serve a completed Financial Affidavit within 30 days of the respondent's general appearance or first responsive pleading in pre-judgment Domestic Relations proceedings.

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.

CRITICALCivil cases

Applies to

Financial affidavit

Each party must tender an updated Financial Affidavit 30 days before trial.

Duty to Update. Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty (30) days before trial.

CRITICAL

If a party has not subscribed to a vendor's services, service of other documents via facsimile is authorized.

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.

CRITICALCriminal cases

Applies to

Written appearance of counsel

The written appearance must be served upon the prosecution before the attorney addresses the Court.

An attorney representing a defendant in any felony or misdemeanor case shall file a written appearance and serve same upon the prosecution before addressing the Court.

CRITICAL

In all other cases, no order relating to custody will be entered unless the Court has obtained jurisdiction over the absent biological parent by service of summons or publication and such person has been served with notice of the hearing requesting such relief in accordance with the Rules.

In all other cases, no order relating to custody will be entered unless the Court has obtained jurisdiction over the absent biological parent by service of summons or publication and such person has been served with notice of the hearing requesting such relief in accordance with the Rules.

CRITICAL

Applies to

Financial affidavit

For early requests for temporary financial relief, the Financial Affidavit must be served with the notice and motion; the responding party must provide its affidavit with its response at least 2 days before the hearing.

If any request for temporary financial relief is made prior to the expiration of thirty (30) days for the filing of respondent's appearance or first responsive pleading, a Financial Affidavit and required financial documents shall be served contemporaneously with the notice and the petition/motion seeking temporary financial relief. The responding party shall provide a Financial Affidavit and required documents to all parties entitled to notice and to the Court, with the response to the temporary petition/motion, not less than two (2) days prior to the hearing on the temporary financial relief.

CRITICAL

Applies to

Financial affidavit

In post-judgment financial proceedings, the moving party must tender a Financial Affidavit within 30 days of filing, and the opposing party within 30 days of receiving it.

In any post-judgment financial Domestic Relations proceedings (excluding enforcement proceedings), the moving party shall tender a Financial Affidavit to the opposing party within thirty (30) days of the filing of the post-judgment proceeding, and the opposing party shall tender to the moving party a Financial Affidavit with thirty (30) days of receiving the moving party's Financial Affidavit.

CRITICALCriminal cases

Applies to

Speedy trial demand

The speedy trial demand must be served on the State's Attorney using a manner permitted by Supreme Court Rules and filed with proof of service.

A copy of the demand shall be served on the State's Attorney in any manner permitted by Supreme Court Rules 11 and 12; and (3) A copy of the demand shall be filed with the Clerk of this Court with proof of service on the State's Attorney.

CRITICALCivil cases

Applies to

Financial affidavit

In post-judgment financial proceedings, moving party must tender financial affidavit within 30 days of filing, and opposing party within 30 days of receipt.

In any post-judgment financial Domestic Relations proceedings (excluding enforcement proceedings), the moving party shall tender a Financial Affidavit to the opposing party within thirty (30) days of the filing of the post-judgment proceeding, and the opposing party shall tender to the moving party a Financial Affidavit with thirty (30) days of receiving the moving party’s Financial Affidavit.

CRITICAL

Notice of hearing on guardian/temporary guardian account must be sent to attorney at least 20 days before hearing.

(1) On an account of a guardian, temporary guardian: to the ward, to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. 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.

CRITICAL

Notice to a represented party's attorney must be sent at least 20 days before the hearing.

notice. If a person entitled to notice is represented by an attorney at law, attorney-in-fact or consul or consular agent whose appearance is on file, notice as required for motions shall be sent to the attorney at law, attorney-in- fact or consul or consular agent not less than twenty (20) days before the date set

CRITICAL

The original Conditional Discharge order is filed with the Clerk for the court file, with one copy distributed to the defendant and one copy to the State's Attorney.

The original order and three (3) copies shall be distributed as follows: (1) Original to the Clerk for filing in the court file; (2) One copy to the defendant; and (3) One copy to the State's Attorney.

CRITICAL

Deadline

2 calendar days

Applies to

Financial affidavit

The responding party must provide a Financial Affidavit and required documents to all parties and the Court with its response, at least 2 days before the temporary financial relief hearing.

The responding party shall provide a Financial Affidavit and required documents to all parties entitled to notice and to the Court, with the response to the temporary petition/motion, not less than two (2) days prior to the hearing on the temporary financial relief.

CRITICAL

Service

Mail

If neither e-file nor fax service is possible, the vendor must serve by mail and charge back the cost to the subscriber.

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.

CRITICAL

Service

Electronic service

E-service by email is deemed complete on the first court day following transmission and has the same legal effect as personal service of a paper document.

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 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

Applies to

Motion

Parties must serve proper notice for all motions or petitions for relief, and the notice must state that the motion will be presented on the date specified.

party shall serve proper notice for all motions or petitions for relief in accordance with Local Rule 6.04(d). The notice provided shall state that the motion will be presented on the date specified in the notice.

CRITICAL

An employer moving to vacate a conditional judgment must send the Notice of Motion, answer, and motion to vacate to the judgment creditor (or its attorney) and the judgment debtor.

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.

CRITICALCivil cases

Service

Mail to all parties

Upon dismissal for want of prosecution, the clerk must mail notice to all pro se parties and attorneys of record within 10 days.

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.

CRITICAL

Deadline

24 hours

Petitioners must serve the DuPage County Board of Elections with written notice of the filing within 24 hours of filing the petition.

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.