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

CRITICALCriminal cases

Service

Personal service

Notice of motion by personal service must be served by 4:00 p.m. of the second court day before presentation; mail and fax notice 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.

CRITICALCivil cases

Deadline

2 business days

Applies to

Pre trial memorandum

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

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.

CRITICAL

Deadline

2 calendar days

Applies to

Financial affidavit

For temporary financial relief requests made before the 30-day deadline, the moving party serves the Financial Affidavit with the notice and motion, and the responding party must provide its affidavit not less than 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

When a hearing date change is granted, the requesting party must immediately notify the Arbitration Administrator of the new date and time by phone and fax, personal service, or mail if time permits.

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.

CRITICAL

Deadline

3 business days

Applies to

Arbitration order

Service

Mail

The appearing party must serve a copy of the entered arbitration order on the non-appearing party within three business days by mail or hand delivery.

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.

CRITICAL

A copy of the speedy trial demand must be served on the State's Attorney in any manner permitted by Supreme Court Rules 11 and 12.

A copy of the demand shall be served on the State's Attorney in any manner permitted by Supreme Court Rules 11 and 12;

CRITICAL

Applies to

Summons

The summons must be served on 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

The judgment debtor or their attorney must send notice of the wage-deduction-exemption hearing to the judgment creditor, its attorney, and the employer; the creditor's failure to appear results in dismissal of the garnishment proceeding.

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 the dismissal of the garnishment proceeding.

CRITICAL

Felony, misdemeanor, or traffic violations must be reduced to writing and submitted to the sentencing judge, State's Attorney, and defendant.

When any felony, misdemeanor or traffic violation requiring court action comes to the attention of the probation officer, the substance of the violation shall be reduced to writing and submitted to the sentencing judge, or any judge sitting in the sentencing judge’s stead, the State’s Attorney and the defendant in accord with such procedures as may from time to time be provided by administrative order of the Chief Judge.

CRITICAL

Notice of an expungement petition must be served upon the appropriate prosecuting authority.

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

CRITICAL

Discovery documents may be served personally, by U.S. mail, or by email, and a 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 and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered.

CRITICAL

Deadline

48 hours

A personal surety's schedules of property must be served on all opposing parties within 48 hours after the Court accepts the surety.

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.

CRITICALCivil cases

Notice must be served on the Guardian ad Litem for motions affecting parties, court dates, or adoptee status.

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

Mail

Notice to persons with known name but unknown address must be sent by mail to last known address at least 20 days before hearing, or 30 days if outside US/Canada.

the notice shall be sent not less than thirty (30) days before the hearing. (ii) If the name of the person is known to the representative or the representative’s attorney, a copy of the notice, accompanied by a copy of the account, shall be sent to the person by mail to his or her last known post office address, if any, not less than twenty (20) days before the date of the hearing. If the person entitled to notice last known post office address is outside the United States or Canada, the notice shall

CRITICALCivil cases

Applies to

Trial memorandum

Each party must tender a trial memorandum to the judge and opposing counsel at the trial status date.

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

CRITICAL

Applies to

Notice of motion

Notice of hearing and a motion to change an arbitration hearing date must be served on opposing counsel, pro se parties, and the Arbitration Administrator.

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.

CRITICAL

Service

Mail to opposing party

Any reply or response must be filed with the Clerk of Court and served on the other party by mail or hand delivery within 15 days after entry of the arbitration order.

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

CRITICAL

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 to the Court with the motion shall be served with the notice or the notice shall state that copies have been served.

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 to the Court with the motion shall be served with the notice or the notice shall state that copies have been served.

CRITICAL

Deadline

3 business days

Service

Mail

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

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.

CRITICAL

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 to the Court with the motion shall be served with the notice or the notice shall state that copies have been served.

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 to the Court with the motion shall be served with the notice or the notice shall state that copies have been served.

CRITICAL

Deadline

3 court days

Applies to

Pre sentence report

The Probation Department shall prepare an original and four (4) copies of the pre-plea or pre-sentence report which shall be delivered at least three (3) court days, which includes both the court date and the date of delivery, prior to the sentence hearing, as follows: (1) The original, in a sealed envelope, to the Clerk of the Circuit Court, marked “Pre- Sentence Report” or “Pre-Plea Report” and indicating the case number and title. (2) A copy to the sentencing judge. (3) A copy to the State’s Attorney. (4) A copy to the attorney of record or to the defendant, notice that a copy of the report is available at the

(a) The Probation Department shall prepare an original and four (4) copies of the pre-plea or pre-sentence report which shall be delivered at least three (3) court days, which includes both the court date and the date of delivery, prior to the sentence hearing, as follows: (1) The original, in a sealed envelope, to the Clerk of the Circuit Court, marked “Pre- Sentence Report” or “Pre-Plea Report” and indicating the case number and title. (2) A copy to the sentencing judge. (3) A copy to the State’s Attorney. (4) A copy to the attorney of record or to the defendant, notice that a copy of the report is available at the

CRITICAL

Service

Publication

If name/address unknown, notice must be given by publication once a week for 3 weeks, with first publication at least 30 days before hearing.

(iii) 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.

CRITICAL

The conditional discharge order's original is filed with the Clerk and copies must be delivered to the defendant and 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

3 business days

Applies to

Arbitration order

Service

Mail to opposing party

When an arbitration order is entered with one party absent, the appearing party must serve the order on the non-appearing party within 3 business days by mail or hand delivery.

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.

CRITICAL

Applies to

Summons

Summons must be served upon each defendant together with a copy of the complaint.

COMPLAINT (a) 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

CRITICAL

Service

Personal service to all parties

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.

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.

CRITICAL

Service

Personal service

Documents that require personal service to confer jurisdiction must be served conventionally, not electronically.

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 objecting party must give written notice of all filed objections to the media requestor, counsel of record, self-represented parties, and the court media liaison.

The objecting party shall provide written notice of all filed objections to extended media coverage to the requestor of media coverage, all counsel of record, parties appearing without counsel, and the court media liaison.

CRITICAL

Applies to

Motion

The Guardian ad Litem must be served with notice for any motion affecting parties, changing a set court date, or changing the adoptee's status under the 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

Publication

If name or address is unknown, notice must be given by publication once a week for three weeks, with the first publication at least 30 days before the hearing.

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.

CRITICAL

Applies to

Reply to petition for setting final fees and costs

Service

Mail to opposing party

Any reply or response to the fee petition, together with proof of service, must be filed with the clerk and served on the opposing party by mail or hand delivery within fifteen days after the arbitration order is entered.

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.

CRITICAL

Summary judgment motions require at least 10 days' notice after service before being heard.

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

The employer must send the Notice of Motion, its answer, and the motion to vacate to the judgment creditor, the creditor's attorney, and the judgment debtor.

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

Service

Mail

Notice to persons with known name/address must be given in person or by mail at least 20 days before hearing, or 30 days if outside US/Canada.

(i) 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.

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

Order

The order setting the Rule to Show Cause for hearing must be served per Illinois Supreme Court Rules for service of summons.

The Order setting the Rule to Show Cause for hearing shall be served in accordance with Illinois Supreme Court Rules as in service of summons.

CRITICAL

Copies of objections and answers must be served on the opposing party at the time of filing.

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.

CRITICALCivil cases

Applies to

Summons

A 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.

CRITICALCivil cases

Applies to

Financial affidavit

Financial affidavits must be served with the temporary relief motion, and the response must include them 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

If temporary financial relief is requested before the 30-day deadline, the moving party must serve a Financial Affidavit and required documents contemporaneously with the notice and petition/motion.

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.

CRITICAL

Service

Electronic service

The e-filing vendor must maintain and update an e-service list for each case and use the most current list for service.

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

Deadline

10 calendar days

Service

Mail to all parties

The Clerk must notify all pro se parties and attorneys of record of dismissal for want of prosecution by regular U.S. mail within ten 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

The Clerk must serve notice of the entry of the rule and the hearing date upon the surety.

The Clerk of the Court shall serve notice of the entry of the rule and of the date set for hearing of the return upon the surety.

CRITICALCivil cases

Applies to

Discovery documents

Service

Email

Discovery documents and notices of filing may be served personally, by U.S. mail, or by email consistent with Supreme Court Rule 11, and a proof of service must be filed with the Clerk and serves as prima facie evidence of service.

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 and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered. The proof of service or answer, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered.

CRITICAL

Probation officer must provide notice to the Court, attorneys, and defendant of unreported violations or status changes at court appearances; oral reports allowed if insufficient time for a written report.

t the time of any court appearance pursuant to Rule 36.10, if a previously unreported violation has occurred, if there is a change in status or if there are any matters to which the Court’s attention should be drawn, the probation officer shall provide notice of same to the Court, attorneys and the defendant. Oral reports may be made if there has been insufficient time to prepare a written report.

CRITICAL

The moving party must serve proper notice for all motions or petitions (except emergencies) per Local Rule 6.04(d), and the notice must state the motion will be presented on the specified date.

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). The notice provided shall state that the motion will be presented on the date specified in the notice.

CRITICAL

Service

Mail

When the address is known, notice must be given in person or by mail at least 20 days before the hearing (30 days if the address is outside the United States or Canada).

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.

CRITICAL

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

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 the dismissal of the garnishment proceeding.

CRITICAL

If the judgment creditor waives a turnover date, the creditor or attorney must send a Notice of Motion to the judgment debtor and employer of the date for entry of a turnover order.

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.

CRITICAL

Applies to

Motion

The moving party must serve proper notice for all motions or petitions, except emergencies, stating the motion will be presented on the specified date.

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). The notice provided shall state that the motion will be presented on the date specified in the notice.