Circuit Court of Edwards County, Illinois (2nd Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Applies to

Written appearance

A copy of the written appearance must be served on all other parties who have appeared, using the service method prescribed for copies of pleadings.

A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.

CRITICAL

The party seeking a hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.

CRITICAL

Motion notice must be given in the manner and to the persons prescribed by Supreme Court Rule 11.

Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.

CRITICAL

Deadline

2 court days

Service

Personal service

Personal service of a motion hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.

If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.

CRITICAL

Applies to

Notice of motion

A summary judgment motion may not be heard until at least ten days after service of its notice under Supreme Court Rule 11.

A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.

CRITICAL

Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.

Proof of service thereof shall be filed with the Clerk within two days after hearing.

CRITICAL

As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.

As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.

CRITICAL

The moving party must provide proof of service with the affidavit, unless the court orders otherwise.

The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.

CRITICAL

A responding party must file its affidavit with appropriate proof of service.

The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

An intent to repudiate must state the reasons for repudiation and be sent to the other party’s attorney, or directly to the party if unrepresented.

Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).

CRITICAL

Applies to

Mediation report

The mediator must serve a copy of the report on all parties.

A copy of said report shall be served by the mediator upon all parties.

CRITICAL

The party seeking a motion hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.

CRITICAL

Motion notice must be served by the method and on the persons prescribed by Supreme Court Rule 11.

Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.

CRITICAL

Deadline

2 court days

Service

Personal service

Personal service of a motion-hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.

If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.

CRITICAL

After a motion is heard without prior notice, the attorney obtaining the order must serve a written notice with specified hearing and order details and file proof of service within two days.

If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead. Proof of service thereof shall be filed with the Clerk within two days after hearing.

CRITICAL

An order to show cause must be served personally or by regular mail to the respondent’s last known address, as determined from specified records or another reasonable means.

As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent’s last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.

CRITICAL

The mediator must sign and file a report stating whether mediation resulted in full, partial, or no agreement within 14 days after the last mediation day, and serve all parties with a copy.

The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.

WARNING

Service

Mail

Motion hearing notice given by mail is governed by Supreme Court Rule 12(c).

Notice given by mail is governed by Supreme Court Rule 12(c).