Circuit Court of Hamilton 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 method prescribed for service of 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

Applies to

Notice of hearing

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 when notice is given.

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

Applies to

Notice of hearing

Notice of a motion made within a court day of trial must be given as the court directs.

Notice of motion made within a court day of trial shall be given as directed by the court.

CRITICAL

Applies to

Notice of additional relief

Notice of additional relief must be given in accordance with Supreme Court Rule 105.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105.

CRITICAL

Applies to

Notice of hearing

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

Applies to

Notice of hearing

Service

Personal service

Personal service of hearing notice must be completed before 4:00 p.m. on the second court day before the motion hearing; mailed notice is governed by Supreme Court Rule 12(c).

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

CRITICAL

Applies to

Notice of hearing

A summary judgment motion cannot 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

Applies to

Notice of hearing

After a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified case, judge, hearing, and order information on parties not found in default.

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.

CRITICAL

Service

Personal service

Orders to show cause may be served personally on the respondent.

As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent

CRITICAL

Service

Mail

Orders to show cause may be served by regular mail to the respondent’s last known address, as determined from the 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

Deadline

48 hours

Written objections to an order to show cause must be served on the other party at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

The moving party must provide proof of service pursuant to Supreme Court Rule 12 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

The responding party must file the 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

Applies to

Financial affidavit and settlement conference memorandum

A copy of each required financial affidavit and settlement conference memorandum must be provided to the opposing party.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

An intent to repudiate must 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

Mediated agreement

When an agreement is reached under the specified conditions, the mediator must transmit it to the parties and every attorney of record.

(d) In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the agreement prepared by the mediator shall be transmitted to the parties and every attorney of record.

CRITICAL

Applies to

Mediated agreement

If neither side has counsel and the parties reach a total or partial agreement, the mediator must prepare an agreement and provide each party a copy at the end of mediation.

(c) When a total or partial agreement is reached and neither side is represented by counsel, the mediator shall prepare an agreement incorporating the terms of the agreement. Each party will be provided a copy of the agreement at the conclusion of the mediation.

CRITICAL

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

A copy of each written appearance must be served on all other parties who have appeared, using the method prescribed for service 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 moving party must give written hearing notice to appearing parties not in default and to parties whose time to appear has not expired when notice is given.

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

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 written notice stating the case details, judge, hearing date, and whether the motion was granted or denied on parties not in default.

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.

CRITICAL

An order to show cause must be served personally or by regular mail to the respondent’s last known address as determined from the 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

Deadline

48 hours

A written objection to the validity of an order to show cause must be filed and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

The mediator must file the signed report within 14 days after mediation ends and serve a copy on all parties.

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 to all parties

A judge may hear a case in a county where the judge does not regularly sit only with the Chief Judge’s approval or, alternatively, with approval from all parties and the county’s Resident Circuit Judge, notice to the Clerk, and mailed notices to all parties identifying the judge.

A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case.

WARNING

The court directs how notice must be given for a motion made within a court day of trial.

Notice of motion made within a court day of trial shall be given as directed by the court.

WARNING

The timing for notice given by mail is governed by Supreme Court Rule 12(c).

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