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

WARNING

DCFS must notify all parties of the shelter care hearing in accordance with the governing statute.

DCFS shall notify all parties of the shelter care hearing in accordance with 705 ILCS 405/2-9.

WARNING

Applies to

Exhibits

Each party must submit a numbered exhibit list and exchange copies of all exhibits among attorneys at least three 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.

WARNING

The objecting party must provide written notice of filed objections to the requestor, all counsel, parties without counsel, 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.

WARNINGCivil cases

Applies to

Mediation report

The Mediation Report must be delivered to the Court, the parties, and their respective attorneys.

On or before the status date, the mediator shall submit a Mediation Report, which shall include the information listed in this rule under the section entitled “Program Reporting Requirements,” to the Court, the parties, and their respective attorneys.

WARNING

A respondent minor may not be required to appear at trial or evidentiary hearings without proper notice 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.

WARNING

Applies to

Notice of motion

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.

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.

WARNING

The media requestor must provide written notice of filed requests to all counsel, parties without counsel, 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.

WARNING

Service

Electronic service

A party is entitled to an order extending response deadlines if electronic service fails due to specified vendor errors, absent extraordinary circumstances.

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.

WARNING

For a Rule to Show Cause, the moving party must serve notice accompanied by a copy of the verified petition.

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

WARNING

Applies to

Rules and regulations periodic program

The original Periodic Imprisonment Rules and Regulations and four copies are distributed as set forth in the administrative order.

The original Rules and Regulations and four (4) copies shall be distributed as set forth in the administrative order.

WARNING

Applies to

Notice

Service

Court service

The Clerk of the Court must serve the surety with notice of the rule's entry and the hearing date.

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.

WARNING

Applies to

Notice of appearance

Attorneys representing defendants in felony or misdemeanor cases must serve the written appearance upon 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.

WARNING

In temporary relief proceedings, the moving party must serve proper notice under Local Rule 6.04.

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

Service

Electronic service

All documents other than those requiring personal service may be served electronically through the e-file vendor, and the filing party or attorney is responsible for completing that 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.

WARNING

When a person's name and current address are known, notice with a copy of the account must be given in person or by mail at least 20 days before the hearing, or at least 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.

WARNING

Applies to

Pre sentence report

Copies of the pre-plea/pre-sentence report must be distributed to the sentencing judge, the State’s Attorney, and defense counsel or the defendant (with 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

Electronic service

If electronic service fails due to vendor system errors or erroneous exclusion from the service list, the affected party is entitled to an order extending the response deadline.

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.

WARNING

Service

Publication

After the petition hearing is set, the Clerk must publish notice of the pending petition and hearing date in a county 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.

WARNING

Applies to

Notice of award

Service

Court service to all parties

The Clerk of the Circuit Court must serve the notice of the arbitration award on every party that has appeared in the case.

The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.

WARNINGCivil cases

Evaluator must submit the evaluation report to the designated parties or their counsel by the status date.

On or before the status date, the evaluator shall submit a report to those parties, or counsel of record for same, listed in order of evaluation.

WARNING

Service

Electronic service

A party is entitled to an extension of the response date if e-service fails due to vendor system issues, transmission errors, processing failures, or erroneous exclusion from the service list.

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.

WARNING

For temporary relief, the moving party must serve notice accompanied by a copy of the verified petition.

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.

WARNING

The notice of hearing and motion for advancement or postponement must be served on all other parties' 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.

WARNING

Plaintiff's counsel must immediately notify the Arbitration Administrator of a settlement by phone, fax, personal service, or mail if time permits.

counsel for plaintiff shall immediately notify the Arbitration Administrator of such settlement by phone and fax, or personal service, or if time permits, mail.

WARNING

Service

Court service

In criminal proceedings, the Clerk must promptly deliver issued writs or process to the Sheriff or the person directed by law for service.

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.

WARNING

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

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

WARNINGCriminal cases

Applies to

Expungement petition

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.

WARNING

For an executor's or administrator's account, notice must be served on a person's attorney, attorney-in-fact, consul, or consular agent of record at least 20 days before the hearing.

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 hearing.

WARNING

If an expungement objection is made, all parties entitled to notice must be notified of the hearing date at least 30 days before the hearing.

If an objection to expungement is made, the court may set a date for a hearing and notify all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing.

WARNINGCivil cases

Service

Mail

When only the name is known, notice (with account copy) is sent by mail to the last known address at least 20 days before the hearing, or 30 days if outside the US 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.

WARNING

Service

Electronic service

Electronic service cannot confer jurisdiction where personal service is required as a matter of law.

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

WARNING

Service

Court service to all parties

The Clerk of the Circuit Court must serve a notice of the award on all parties who have filed an appearance.

The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.

WARNINGCriminal cases

After a court date is assigned, the Clerk must send notice to the defendant and the officer stating the date, time, and location of the trial.

When these are scheduled, notice shall be sent to the defendant and the officer of the date, time, and location of the trial so that the trial can proceed on the assigned date.

WARNING

Petitioners' counsel must give the appointed Guardian ad Litem copies of key adoption documents and other customary materials.

It shall be the duty of counsel for the Petitioner(s) to furnish the appointed GAL with a copy of the Petition for Adoption, Interim Order, consents and surrenders, and any other material normally provided to the GALs in similar cases.

WARNING

Applies to

Motion

The motion and notice of hearing for an arbitration date change must be served on all attorneys, 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.

WARNINGCivil cases

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

WARNING

Social investigation reports must be delivered to the parties as provided under section 1-5 of the Juvenile Court Act.

Social investigation reports under section 5-701 of the Juvenile Court Act shall be delivered to the parties as provided for by section 1-5 of the same act.

WARNING

Each party must submit a numbered exhibit list and exchange copies of all exhibits among all attorneys at least three 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.

WARNING

Parties must contact the appointed GAL within 2 days of the appointment order to provide all notices, pleadings, orders, and reports.

The parties shall contact the Guardian ad Litem/Child Representative/Attorney for Child(ren) within two (2) days after the appointment order is signed for the purpose of adequate representation of any minor children to provide the Guardian ad Litem/Child Representative/Attorney for Child(ren) with all notices, pleadings, orders, and reports in the proceeding.

WARNING

Applies to

Periodic imprisonment order

The original periodic imprisonment order and four copies are distributed as provided by the Court's administrative orders.

The original order and four (4) copies shall be distributed as provided by administrative orders of this Court.

WARNINGCivil cases

Service

Publication

When name or address is unknown, notice is given by publication once a week for three successive 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.

WARNINGCivil cases

Applies to

Notices pleadings orders reports

Parties must contact the appointed GAL/Child Representative/Attorney for Children within 2 days after the appointment order is signed to provide all notices, pleadings, orders, and reports.

The parties shall contact the Guardian ad Litem/Child Representative/Attorney for Child(ren) within two (2) days after the appointment order is signed for the purpose of adequate representation of any minor children to provide the Guardian ad Litem/Child Representative/Attorney for Child(ren) with all notices, pleadings, orders, and reports in the proceeding.

WARNING

The objecting party must give written notice of any filed objection to the media requester, all counsel, unrepresented 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 extended media coverage, all counsel of record, parties appearing without counsel, and the court media liaison.

WARNING

Service

Publication

Leave of court is required before a petitioner may serve a default 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.

WARNINGCivil cases

Service

Mail

For guardian accounts, notice must be given to the ward, claimants, and others; attorney-represented persons receive notice at least 20 days before the hearing.

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.

WARNING

Service

Mail

Notice of a delinquent juror’s hearing before the jury commissioners must be sent by certified mail, return receipt requested.

Notice of any such hearing shall be delivered by certified return receipt requested mail.

WARNING

Deadline

10 business days

Subscribers and participants must notify other parties, the Clerk, and the vendor at least ten business days before a firm name, address, fax number, or email address change takes effect.

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.

WARNING

The media requestor must provide written notice of requests to all counsel, pro se 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.

WARNING

The media requester must give written notice of each filed media request to all counsel, unrepresented 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.

WARNING

Applies to

Summons

Before an arrest warrant may be issued against a parking violator, a summons to appear in court on a specific date and time must be served by any method provided by Supreme Court Rule 105(b)(1) and (2).

(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)];