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

CRITICALCivil cases

Notice of a motion for access to court files must be served on all parties with a privacy interest in the confidentiality of the record.

Notice of the motion must be served on all parties who have a privacy interest in maintaining the confidentiality of the court record.

CRITICAL

Prior notice to the opposing party is required for emergency matters.

Prior notice to the opposing party and a supporting affidavit pursuant to Local Rule 6.08

CRITICAL

Service

Personal service

Documents requiring 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

Service

Personal service

Documents that require personal service to confer jurisdiction cannot be served electronically and must be served in the conventional manner.

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

E-service via email is deemed complete on the first court day following transmission and has the same legal effect as personal service.

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

Updated financial affidavit

Each party in pre-judgment domestic relations proceedings must tender an updated Financial Affidavit 30 days before trial.

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

CRITICAL

Deadline

5 court days

Regular motions require at least 5 court days' notice after service before a hearing.

Except for emergency motions or notice by personal service as defined by Supreme Court Rule 11(c)(1), hearing on or presentment of a motion shall proceed not less than five (5) court days after the effective date of service as defined by Supreme Court Rule 12(c).

CRITICAL

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

The order setting a Rule to Show Cause for hearing must be served in accordance with Illinois Supreme Court Rules as in 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.

CRITICALCivil cases

Applies to

Exhibits

Each party must submit a list of numbered exhibits and exchange copies of all exhibits among attorneys at least 3 days before trial.

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.

CRITICAL

Applies to

Rule to show cause petition

In a Rule to Show Cause proceeding, 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

Deadline

24 hours

Applies to

Petition

In any proceeding for judicial review of a local electoral board decision, the petitioner must serve the DuPage County Board of Elections with written notice of the filing of the petition within 24 hours of filing.

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.

CRITICAL

Applies to

Reply

Service

Mail

Replies to the Petition for Setting Final Fees and Costs must be filed with the Clerk 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 order.

CRITICAL

Service

Electronic service

E-service via email is deemed complete on the first court day following transmission and has the same legal effect as personal service.

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

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

(2) On an account of an executor or administrator, or administrator to collect: to persons entitled to 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 for

CRITICAL

Service

Personal service

Personal service delivered by 4:00 p.m. requires at least 2 court days' notice before the hearing.

If notice of motion is by personal service delivered by 4:00 p.m., hearing on or presentment of the motion shall proceed not less than the second court day following personal service.

CRITICAL

Service

Publication

The Clerk must publish notice of the petition and hearing date in a newspaper of general circulation in the County.

The Clerk of the Court shall then publish notice in a newspaper of general circulation in the County of the pendency of the petition showing the date set for hearing.

CRITICAL

Applies to

Order setting rule to show cause hearing

The order setting a Rule to Show Cause for hearing must be served in accordance with the 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

Deadline

2 business days

Plaintiff or attorney must provide a copy of the mediation referral order to the defendant within 2 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

Applies to

Rule to show cause

The Chief Judge or the Chief Judge’s designee shall have a Rule to Show Cause prepared against each person so named and shall cause it to be served personally by the Sheriff, by certified mail or by other means of delivery permissible by statute as the Court may direct.

The Chief Judge or the Chief Judge’s designee shall have a Rule to Show Cause prepared against each person so named and shall cause it to be served personally by the Sheriff, by certified mail or by other means of delivery permissible by statute as the Court may direct.

CRITICALCivil cases

Service

Publication

Petitioner must seek leave of court before serving by publication.

If the petitioner is seeking a default by way of publication, the petitioner must first seek leave of court in order to do so.

CRITICAL

Deadline

48 hours

Schedules of property must be served on all opposing parties within 48 hours after the Court accepts the surety.

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

Applies to

Reply

Service

Mail to opposing party

A reply to the Petition for Setting Final Fees and Costs must be filed with the Clerk and delivered to 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 order.

CRITICAL

Service

Mail

When only the name is known, notice must be mailed to the last known address at least 20 days before the hearing (30 days if outside the United States or Canada).

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 be sent not less than thirty (30) days before the date of the hearing.

CRITICAL

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

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.

CRITICAL

Service

Electronic service

All other documents may be served electronically through the e-file vendor, with the filing party responsible for completing 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

DCFS must provide Significant Event Reports to all parties within three days of the occurrence.

Pursuant to 705 ILCS 405/1-3(14.2), DCFS must tender Significant Event Reports to all parties within three (3) days of the occurrence.

CRITICALCivil cases

Service

Mail to all parties

After an ex parte/emergency hearing without notice, the moving party must serve the order on interested parties and file proof of service within 2 days.

If an ex parte or emergency motion is heard without prior notice, a copy of the order granting or denying the motion shall be entered. 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 file with the Clerk of the Court, within two (2) days of hearing, proof of service of a copy of the order entered granting or denying relief.

CRITICAL

Service

Mail

Orders requiring appearance must be served by the Clerk via regular U.S. mail on the guardian, executor/administrator, and attorney.

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.

CRITICAL

Copies of objections and answers must be served on the opposing party not later than the time of the respective filings.

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.

CRITICAL

Service

Personal service

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

Electronic service

E-service via email is deemed complete on the first court day following transmission and has the same legal effect as personal service.

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

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.

(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;

CRITICALCriminal cases

Applies to

Arrest warrant

A parking arrest warrant may not issue until the alleged violator has been notified by U.S. mail, given no reply or payment, been served a summons under Rule 105(b)(1)-(2), and failed to appear in court.

Arrest warrants for parking violators will not be issued unless the authority requesting said arrest warrant has: (1) 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; and (2) Received no reply or payment from the violator pursuant to the notice above; and (3) 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)]; and the alleged violator has failed to appear on the specified date and time.

CRITICAL

Applies to

Financial affidavit

In post-judgment financial proceedings, the moving party tenders a Financial Affidavit within 30 days of filing, and the opposing party tenders its affidavit within 30 days of receiving the moving party's.

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

Deadline

48 hours

Applies to

Order appointing evaluator

Petitioner must deliver the order appointing the evaluator to the evaluator within 48 hours via facsimile, personal delivery, or electronic delivery.

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.

CRITICAL

The media requestor must give written notice of all filed media coverage requests to counsel of record, self-represented parties, and the court media liaison.

The media requestor 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.

CRITICAL

Service

Court service

The Clerk must serve notice of the entry of the rule and the hearing date on 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

Service

Personal service

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

Publication

The Clerk must publish notice of the petition and hearing date in a newspaper of general circulation.

The Clerk of the Court shall then publish notice in a newspaper of general circulation in the County of the pendency of the petition showing the date set for hearing.

CRITICALCivil cases

The judgment debtor must send notice of the exemption hearing to the judgment creditor, its 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

Applies to

Temporary relief petition

In temporary relief proceedings, the moving party must serve proper notice per Local Rule 6.04 and provide the Financial Affidavit to opposing counsel per Local Rule 15.05.

Except as otherwise provided by law, in all proceedings involving petitions for temporary relief, the moving party shall serve proper notice in accordance with Local Rule 6.04 and provide, to opposing counsel, the necessary Financial Affidavit in accordance with Local Rule 15.05.

WARNING

If a turnover date is waived, the judgment creditor must send 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.

WARNING

If a party is not subscribed to the vendor's services, service by fax is authorized, with mail service as a fallback if neither e-file nor fax is possible.

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.

WARNING

Deadline

2 business days

Applies to

Order

The plaintiff or their attorney must provide a copy of the court's mediation order to the defendant within 2 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.

WARNING

Applies to

Notice of hearing

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.

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.

WARNING

Parties other than counsel seeking access to the court file must make the request on the 10:00 a.m. call and serve notice of the motion on all parties with a privacy interest in the confidentiality of the court record.

Any other party to the proceedings may petition the Court for access to the court file. This request must be made on the 10:00 a.m. call. Notice of the motion must be served on all parties who have a privacy interest in maintaining the confidentiality of the court record.

WARNINGCriminal cases

Applies to

Pre sentence report

Copies of the pre-plea or pre-sentence report must be delivered to the sentencing judge, the State's Attorney, and the defendant's attorney of record (or, to the defendant, accompanied by notice that a copy is available at the Probation Department).

(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 Probation Department.

WARNING

Service

Mail

Notice of a motion by mail is completed as provided by Illinois Supreme Court Rule 12.

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

WARNING

A respondent minor may not be required to appear at trial or evidentiary hearings unless proper notice is given to the GAL and DCFS legal.

No respondent minor may be required to appear at trial or evidentiary hearings without proper notice to the GAL and DCFS legal.