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

WARNING

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.

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

Applies to

Summons

Failing to include the mediation notice language or brochure on or with the summons does not affect the court's jurisdiction.

However, consistent with S. Ct. Rule 101(g), failure to include the language or brochure above described on or with the summons shall not affect the jurisdiction of the court.

WARNINGCivil cases

Deadline

48 hours

Petitioner must deliver the order appointing the evaluator to the evaluator within 48 hours via fax, 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.

WARNING

Applies to

Adoption petition

The petitioner's attorney must notify the Department of Probate and Court Services within 5 days after the adoption petition is filed if consents are to be taken.

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.

WARNING

The judgment debtor must send notice of the wage deduction exemption hearing to the judgment creditor and employer; failure of the judgment creditor 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.

WARNING

Service

Electronic service

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

Electronic Service (“e-service”): An electronic transmission of documents to a party, attorney, or representative in a case via the vendor. However, e-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNING

Service

Email

The Program must receive notice of a mediation referral within 3 days via email to the Program facilitator.

The Program shall receive notice of a referral to Guardianship Family Engagement Mediation within (3) days of referral via email to the Program facilitator.

WARNING

Deadline

2 business days

Copies of the pre-trial memorandum must be sent to the judge and opposing counsel at least two 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.

WARNING

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.

WARNING

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)]

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)]

WARNING

Copies of the GAL report or pleading must be served on all parties of record.

Copies of either document shall be served on all parties of record as required by the Rules.

WARNING

If the judgment creditor waives the turnover date, the judgment creditor or its attorney must thereafter send a Notice.

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 shall thereafter send Notice

WARNING

Applies to

Notice of motion

If the judgment creditor waives a turnover date, it must send a Notice of Motion to the judgment debtor and employer stating the date for entry of the 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

Deadline

10 calendar days

The Circuit Clerk must provide ten-day notice of the remand status date through the Notice of Reviewing Court Mandate to parties and attorneys of record.

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.

WARNING

Deadline

2 business days

Pre-trial memoranda must be sent to the judge and opposing counsel at least two 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.

WARNING

Copies of the GAL report or pleading must be served on all parties of record as required by the Rules.

Copies of either document shall be served on all parties of record as required by the Rules.

WARNING

For a guardian's or temporary guardian's account, notice must be sent to the attorney of record for a person entitled to notice (other than the ward) at least 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.

WARNING

Once appointed, a Guardian ad Litem must receive notice of every request for relief by any party.

From the date of appointment, the GAL shall receive notice of all requests for relief made to the Court by any party as required by either the Rules of the Illinois Supreme Court or the Circuit Court of for the Eighteenth Judicial Circuit.

WARNINGCivil cases

Service

Mail

For executor/administrator accounts, notice must be given to persons entitled; represented persons receive notice at least 20 days before the hearing.

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 hearing.

WARNING

Service

Mail

If a party has not subscribed to vendor services, service via fax is authorized; if neither e-file nor fax is possible, service is by mail with cost charged to the subscriber.

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

10 business days

Subscribers must notify other parties, the Clerk, and the e-filing vendor of contact information changes no later than ten business days before the 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

Applies to

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

The objecting party must provide written notice of objections to the requestor, counsel, pro se 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.

WARNING

Notice of a motion for access to the court file must be served on all parties who have 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.

WARNINGCivil cases

If the judgment creditor waives the turnover date, the creditor must send a Notice of Motion to the judgment debtor and employer of the date for entry of the 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 shall thereafter send Notice of Motion to the judgment debtor and the employer of the date for entry of a “turnover” order.

WARNING

Applies to

Notice of motion

Service

Personal service

For notice personally served by 4 p.m., the motion hearing may not occur earlier than the second court day after personal service.

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.

WARNING

Deadline

48 hours

Petitioner must deliver the order appointing the evaluator to the evaluator within 48 hours of entry, via fax, 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.

WARNING

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.

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.

WARNING

Parties must contact the appointed Guardian ad Litem/Child Representative/Attorney for Child(ren) within two 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.

WARNINGCivil cases

Unless waived, notice of the hearing on a final account or an account intended to be binding must be given as specified.

Unless waived by the person entitled thereto, notice of the hearing on a final account or an account intended to be binding under Section 24-2 or Section 24-11(b), shall be given as follows:

WARNINGCriminal cases

Applies to

Lab report

Laboratory reports unavailable at the preliminary hearing must be forwarded to the defendant's attorney (or unrepresented defendant) upon receipt by the State's Attorney's Office, without the need for a formal discovery motion.

If unavailable at the time of the preliminary hearing, a copy of it shall be forwarded to the defendant’s attorney, or if the defendant is unrepresented, upon receipt by the State’s Attorney’s Office, without the necessity of a formal discovery motion.

WARNING

For parties not subscribed to the vendor, service is authorized by facsimile with the vendor recording the transmission time in the proof of service; if neither e-filing nor fax is possible, the vendor serves by mail and charges the subscriber.

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 facsimile transmission was completed in the proof of service for that transaction. If neither e-file nor facsimile transmission service is possible, the vendor shall provide service by mail and charge back the cost to the subscriber.

WARNING

Applies to

Answer

A copy of the answer must be served upon the objector no later than when the answer is filed.

a copy of the answer shall be served upon the objector, not later than the time of the respective filings.

WARNING

Deadline

72 hours

Parties must contact the evaluator within 72 hours of assignment to schedule an initial session.

The parties shall contact the evaluator within seventy-two (72) hours after the assignment for the purpose of scheduling an initial session.

WARNING

Service

Electronic service

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

WARNING

Applies to

Notice of motion

The notice of hearing or presentment must be served with a copy of the written motion (or a statement of prior service) and with copies of all motion papers, or the notice must state those copies were 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.

WARNING

Applies to

Notice

The judgment debtor or its attorney must send notice of the exemption hearing to the judgment creditor, its attorney, and the employer; the judgment 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 the dismissal of the garnishment proceeding.

WARNING

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.

WARNINGCivil cases

Service

Mail

When name and address are known, notice (with account copy) is given in person or by mail at least 20 days before the hearing, or 30 days if the address is outside the US 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

Deadline

10 business days

Service

Electronic service

Subscribers and participants must notify other parties, the Clerk, and the e-filing vendor of any change of firm name, delivery address, fax number, or email address no later than ten business days before the 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

WARNING

Service

Electronic service

Electronic service cannot confer jurisdiction where personal service is required by law.

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

WARNING

Notices served by fax on parties or attorneys who have consented to fax service under Illinois Supreme Court Rule 11 are 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.

WARNING

Service

Mail to all parties

After a 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.

WARNING

Applies to

Order of supervision

The order of supervision and three copies are distributed to the Clerk, the defendant, the prosecutor, and, where appropriate, the probation or psychological services division.

The order of supervision 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; (3) One copy to the State’s Attorney or municipal prosecutor; and (4) One copy, where appropriate, to the Department of Probation and Court Services or to the Psychological Services Division.

WARNING

Notice must be served on the Guardian ad Litem whenever a motion seeks relief affecting a party, changes a court date set by prior order, or changes 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.

INFO

The mediator must send the agreement to the parties and any appointed CASA/Guardian Ad Litem.

The agreement shall be sent to the parties and any appointed CASA/Guardian Ad Litem by the Mediator.

INFO

Service

Court service to all parties

After the award is filed, the Circuit Court Clerk must serve the award notice on all parties who have appeared.

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

INFO

The Program must give the parties a copy of the Mediation Report.

The Program will provide the parties with a copy of the Mediation Report.

INFO

Service

Electronic service

The e-filing vendor must maintain and immediately update the e-service list 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.

INFO

Upon filing a Notice of Appeal, the Clerk must immediately deliver a copy to the Administrator of Court Reporters.

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