Circuit Court of Grundy County, Illinois (13th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

A request for permission to appear remotely must be made through a written motion that is filed, scheduled, and served under Circuit Court Rules 2.1(a) and 2.1(c), unless a standing order or case-specific discretionary exception allows otherwise.

Unless otherwise allowed by (1) an individual Court's own standing order or (2) a case-by-case exception made within the Court's discretion, a person seeking permission to appear remotely pursuant to Supreme Court Rule 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Circuit Court Rules 2.1(a) and 2.1(c).

CRITICAL

When filing a request for extended media coverage, the media requestor must simultaneously notify the court media liaison, counsel of record, and unrepresented parties.

(c) Notice of Request. At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Counsel or a self-represented party seeking to introduce a witness’s testimony must notify the witness of the request for or grant of extended media coverage.

Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.

CRITICAL

When filing a written objection, the objector must simultaneously notify the requestor, the court media liaison, counsel of record, and unrepresented parties.

(e) Notice of Objections. At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Notice of the objection must be given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.

5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Applies to

Jury summons

Service

Mail

Jury summonses must be served at least 30 days before service begins and may be sent by prepaid U.S. Mail to the address in the voter registration files.

The Jury Commission or Chief Judge shall issue and cause to be served a jury summons on all Grand Jurors and Petit Jurors at least thirty (30) days prior to the first day of service. Jury summons may be served by U.S. Mail, postage prepaid, to the address as listed in the voter registration files.

CRITICAL

The party requesting a motion hearing must give notice to the specified parties in the manner prescribed by Supreme Court Rule 11.

Notice of hearing on all motions shall be given by the party requesting the hearing to all parties who have appeared and have not theretofore been defaulted for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice shall be given in the manner and to those prescribed in Supreme Court Rule 11.

CRITICAL

Applies to

Notice of hearing

The hearing notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.

A copy of any written motion and of all papers presented therewith, or a statement that they have been previously served, shall be served with the notice.

CRITICAL

Applies to

Notice of hearing

Service

Personal service

Notice by personal service must be made at least three days before the hearing.

Notice by personal service shall be made not less than three (3) days prior to the hearing;

CRITICAL

Applies to

Notice of hearing

Service

Mail

Notice by U.S. Mail must be mailed at least seven days before the hearing.

Notice by U.S. Mail shall be mailed not less than seven (7) days prior to the hearing;

CRITICAL

Applies to

Notice of hearing

Notice by third-party commercial carrier must be deposited or dropped off with the designated carrier at least seven days before the hearing.

Notice by third-party commercial carrier shall be made by deposit in the carrier’s pick-up box or drop off with the carrier’s designated contractor not less than seven (7) days prior to the hearing;

CRITICAL

Applies to

Notice of hearing

If Supreme Court Rule 11(b)(6) permits notice by fax, it must be made at least three days before the hearing.

Notice by fax, if permitted pursuant to Supreme Court Rule 11(b)(6), shall be made not less than three (3) days prior to the hearing;

CRITICAL

Applies to

Notice of hearing

Service

Email

If Supreme Court Rule 11(b)(7) permits notice by email, it must be given at least three days before the hearing.

Notice by e-mail, if permitted pursuant to Supreme Court Rule 11(b)(7), shall be not less than three (3) days prior to the hearing.

CRITICAL

Proof of notice by the listed methods must be made part of the record.

Proof of notice by personal service, mailing, delivery by third-party commercial carrier, fax or e-mail shall be made of record.

CRITICAL

Applies to

Notice of motion

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

A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion under Supreme Court Rule 11.

CRITICAL

Applies to

Notice of hearing

Service

Personal service

After a motion is heard without prior notice, written hearing notice must be personally served or mailed to the specified parties, and proof of service must be filed within two days of the hearing.

If a motion is heard without prior notice under this rule, written notice of the hearing shall be served personally or by U.S. Mail upon all parties not theretofore found by the court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.

CRITICAL

The party serving written interrogatories must provide two copies to each party required to answer them.

The party serving written interrogatories shall provide two copies to each party required to answer the interrogatories.

CRITICAL

Proof of service for answering discovery documents must be filed with the Clerk and include the case title and number, service date, sending and receiving parties, and identification of the discovery document.

Proof of service of answering 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

Service

Mail

Each attorney must mail the original pre-trial memorandum to the pre-trial judge and a copy to each opposing counsel at least five days before the conference.

At least five (5) days prior to the pre-trial conference, each attorney shall mail the original of the memorandum to the pre-trial judge and a copy to each opposing counsel.

CRITICAL

Service

Mail

The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.

The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.

CRITICAL

Service

Mail

Unless the Court directs a party to provide the dismissal order, the Clerk must mail notice within 10 days to attorneys of record and to pro se parties served as noted in the file, except in the listed cases and proceedings.

Unless the Court directs a party to provide a copy of an order of dismissal, upon dismissal of any cause for want of prosecution, except dismissals of Small Claims cases or first appearance LM cases and post-termination proceedings, the Clerk of the Court shall give all pro se parties, if served as noted in the Court file, and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal.

CRITICAL

The plaintiff serves the summons, which sets the date and time for the defendant’s appearance.

Defendant shall appear on the date and at the time set forth in the summons served upon him by the plaintiff

CRITICAL

Applies to

Notice of motion or petition

Service

Personal service

Unless the Court orders otherwise, notice by personal service must be made at least three days before the hearing.

(a) Service of Notice of Motion or Petition shall be in accordance with the Rules of Practice of the Circuit Court as provided in Part 2 of these Rules; that is, unless otherwise ordered by the Court, notice by personal service shall be made not less than three (3) days prior to the hearing,

CRITICAL

Applies to

Notice of motion or petition

Service

Mail

Notice by U.S. Mail must be made at least seven days before the hearing.

notice by U.S. Mail shall be made not less than seven (7) days prior to hearing,

CRITICAL

Applies to

Notice of motion or petition

Notice by third-party commercial carrier must be made at least seven days before the hearing.

notice by third-party commercial carrier shall be made not less than seven (7) days prior to the hearing,

CRITICAL

Applies to

Notice of motion or petition

Notice by fax must be made at least three days before the hearing.

notice by fax shall be made not less than three (3) days prior to the hearing

CRITICAL

Applies to

Notice of motion or petition

Service

Email

Notice by e-mail must be made at least three days before the hearing.

notice by e-mail shall be made not less than three (3) days prior to the hearing.

CRITICAL

Service

Publication

Service by publication must follow 735 ILCS 5/2-206 and 5/2-207, as amended.

(a) Service by publication shall be in accordance with 735 ILCS 5/2-206 and 5/2-207 as from time to time amended.

CRITICAL

Service

Publication

The person or entity seeking jurisdiction by publication must provide the Circuit Clerk copies of all necessary documents, including copies for mailing.

(b) The person or entity seeking to obtain jurisdiction by publication shall provide copies of all necessary documents to the Circuit Clerk, including copies for mailing.

CRITICAL

In hearings seeking temporary relief, the moving party must file proof of service at least 14 days before the hearing.

shall file proof of service at least fourteen (14) days before the hearing.

CRITICAL

Proof of service for the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.

Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen (14) days prior to the hearing.

CRITICAL

A proponent of an alleged emergency matter must provide notice to the opposing party pursuant to Rule 8.02.

2) Notice to the opposing party pursuant to Rule 8.02.

CRITICAL

Applies to

Income withholding notice

An income withholding notice must be prepared and served immediately on the obligor’s payor, unless a qualifying court-approved written agreement provides for notice only after delinquency.

Require an income withholding notice to be prepared and served immediately upon any payor of the obligor by the obligee or public office, unless a written agreement is reached between and signed by both parties providing for an alternative arrangement, approved and entered into the record by the court, which ensures payment of support. In that case, the order for support shall provide that an income withholding notice is to be prepared and served only if the obligor becomes delinquent in paying the order for support; and

CRITICAL

Proof of service of the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.

Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen days (14) days prior to the hearing.

CRITICAL

The responding party must file proof of service at least 7 days before the hearing.

The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.

CRITICAL

Applies to

Notice of hearing and petition

For an indirect criminal contempt hearing, notice and a copy of the petition must be served and returned under Supreme Court Rule 105(b), or by U.S. Mail if directed, with proof served not less than seven (7) days before the hearing; mailed notice must be sent not less than (10) days before.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, proof of service 52 ===== PAGE 54 ===== shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.

CRITICAL

Service

Personal service

A rule to show cause must be personally served at least five days before the hearing unless the court orders otherwise; for good cause, the court may authorize another method.

(3) Service of Rules. A rule to show cause shall be personally served upon the respondent unless otherwise ordered by the court for good cause shown. Unless otherwise ordered by the court, a rule to show cause shall be served upon the respondent not less than five (5) days prior to hearing.

CRITICAL

A claimant must mail or deliver the claim to the estate's legal representative and any attorney of record unless the specified written waiver or consent applies.

The claimant shall mail or deliver his claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or his attorney waives, in writing, the mailing or delivery of a copy of the claim or consents in writing to the allowance of the claim.

CRITICAL

Service

Mail

For a contested claim, the court must order at least 10 days' notice by regular mail to the claimant, to be given by the designated legal representative, estate attorney, or Clerk of the Court.

If an objection to the claim has been filed, on the return date as previously set under subsection (c) of this rule, the claim will be allotted for hearing and the court shall order at least ten (10) days notice to be given by regular mail to the claimant by the legal representative, the attorney for the estate, or the Clerk of the Court, as the court may direct.

CRITICAL

A counterclaim must be delivered or mailed to the counterdefendant and counsel, and the hearing must be at least 30 days later unless they waive the notice and waiting period in writing.

If a counterclaim is filed, a copy shall be delivered or mailed by ordinary mail to the counterdefendant and his attorney. A hearing on the counterclaim shall not be held less than 30 days after mailing or delivery of the counterclaim unless the counterdefendant or his attorney waives in writing the delivery or mailing and 30 day period.

CRITICAL

Service

Mail

After dismissal, the clerk must mail notice to the personal representative and attorney of record stating that reinstatement may be sought within 30 days for good cause.

Upon dismissal of the cause, the clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case may be reinstated within thirty (30) days from the date of the notice for good cause shown.

CRITICAL

For an entitled person other than the ward represented by counsel whose appearance is on file, motion-compliant notice must be sent to counsel at least 10 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 ten days before the date set for hearing.

CRITICAL

Notice with a copy of the account must be given in person or mailed to the last known address at least 10 days before the hearing.

Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 10 days before the hearing

CRITICAL

Service

Mail

If the person’s post office address is outside the United States or Canada, notice must be sent at least 14 days before the hearing.

except if the post office address of the person is outside of the United States or Canada, the notice shall be sent not less than 14 days prior to the hearing.

CRITICAL

Service

Publication

If the person's name or current post office address is unknown, notice must be published once at least 14 days before the hearing unless the court waives the requirement.

If the name or present post office address of the person is not known to the representative of his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the date of the hearing, unless waived by the court.

CRITICAL

Service

Mail

For an extension petition set for hearing, the clerk must mail notice to interested persons and unpaid creditors at least 14 days before the hearing.

If the petition seeks an extension for any other reasons, the court shall set the petition for hearing and the clerk shall mail notice of the hearing to all persons interested in the administration of the estate, including all unpaid creditors, said notice to be mailed at least 14 days before the hearing date.

CRITICAL

Service

Mail

The clerk must mail attorneys of record notice that the account is due.

The Clerk shall mail to the attorneys of record in the estate a notice that the account is due.

CRITICAL

Service

Mail

When issuing a citation, the clerk must mail notice of the citation proceeding and its return date to interested persons and unpaid creditors.

At the time of the issuance of a citation required by this rule, the clerk shall mail notices of the pendency of the citation proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

At least 10 days' notice of the specified hearing must be given to the surviving spouse and any next of kin who have not consented in writing.

At least 10 days notice of the hearing on the petition for the appointment and distribution of the proceeds of the settlement of an action for the death of a decedent shall be given to the surviving spouse and any next of kin who have not consented thereto in writing.

CRITICAL

If the decedent left no surviving spouse or entitled next of kin, the representative or attorney must give notice of the petition and hearing to the persons specified in Section 2(a), (b), and (c) of the Wrongful Death Act, subject to the stated exception.

If the decedent left no surviving spouse or next of kin entitled to recover, notice of the filing of a petition for settlement under the Wrongful Death Act and of the hearing thereon shall be given by the representative or his attorney to the persons named in paragraphs (a), (b), and (c) of Section 2 of that Act, including persons furnishing hospital, medical or funeral services for the decedent, unless persons payment for the payment for the services is shown.

CRITICAL

Before presenting a petition for an order directing the county treasurer to pay court-deposited money, notice must be given to the State's Attorney, the former representative and attorney, and anyone else entitled to notice under an order in the proceeding.

Before a petition is presented for an order directing the county treasurer to pay money deposited by order of court, notice shall be given to: 1) the State's Attorney 2) the former representative and his attorney; and 3) all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

The clerk must provide a mandatory-mediation notice form with the summons, serve it on the defendants with the summons, and provide proof of service as for the summons.

(b) The Clerk shall furthermore provide a form, to be included with the summons, notifying the defendant borrowers of the mandatory mediation program, which form must be served upon the defendants with the summons and evidenced by a proof of service the same as the summons.

CRITICAL

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

(a) 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, but must be served in the conventional manner.

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rule 12 and is complete at the vendor-posted transmission date and time, with the same effect as personal service.

(b) E-service shall be made in accordance with Supreme Court Rule 12, and shall be deemed complete at the posted date and time of transmission listed by the E- service vendor. 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

Filers must immediately notify other parties, the Clerk, and the EFM of changes to their name or contact information.

(c) All filers must immediately notify other parties, the Clerk and the EFM of any change of name, address, phone or fax number, or E-mail address.

CRITICAL

Documents must be served on parties not registered for E-filing or E-service as otherwise provided by order, rule, or statute.

(e) Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Applies to

Pretrial memorandum

One copy of the plaintiff’s pretrial memorandum must be mailed to opposing counsel at least five days before the conference.

One copy of this memorandum shall be submitted to the court and one copy mailed to opposing counsel at least five (5) days prior to the conference.

WARNING

At the court's discretion, emergency motions and motions legally eligible for ex parte treatment may be heard without notice.

Emergency motions and motions which, by law may be made ex parte may, at the discretion of the court, be heard without giving notice.

WARNING

Applies to

Notice to appear

In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear.

In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear.

WARNING

E-service transmits documents to a party or representative but cannot confer jurisdiction when the law requires personal service.

Electronic Service (E-service) – An electronic transmission of documents to a party, attorney or representative in a case. However, E-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

INFO

Discovery documents may be served and answered personally or by U.S. Mail.

Discovery documents may be served and answered personally or by U.S. Mail.

INFO

Before presenting a civil contempt petition, the petitioner may notify the respondent but need not do so unless the court directs notice.

The petitioner may give notice to the respondent before presenting such a petition to the court for issuance of a rule to show cause, but is not required to give such notice unless otherwise directed by the court.