Circuit Court of Hardin 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 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 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 given in the manner and to the persons specified in 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 notice must be delivered before 4:00 p.m. on the second court day before the 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

When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with the case, judge, hearing date, and disposition 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

Applies to

Order to show cause

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

Applies to

Objection to order to show cause

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

Applies to

Moving party affidavit

The moving party’s affidavit must include proof of service pursuant to Supreme Court Rule 12, 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

Applies to

Responding party affidavit

The responding party’s affidavit must be filed 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

Each party must provide the opposing party a copy of the required settlement conference filings at least seven days before the conference.

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

The mediator must transmit the agreement to the parties and attorneys of record, and a party must file an intent to repudiate before the continued conference or, if it is less than 10 days after mediation, within 10 days.

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. Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.

CRITICAL

An intent to repudiate must be sent to the other party’s attorney or, if that party is unrepresented, directly to the party.

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

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

Applies to

Appearance

A written appearance must be served on all other parties who have appeared, in the manner 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

Applies to

Motion hearing notice

The moving party must give written hearing notice to appearing parties 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

Applies to

Motion hearing notice

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

Motion hearing notice

Service

Personal service

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

Summary judgment motion notice

A summary judgment motion cannot be heard sooner than ten days after service of its notice.

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 motion hearing and order

After a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case and ruling information 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

Service

Mail

After dismissal for want of prosecution, the Clerk must give notice by mail.

The Clerk of the Court shall give notice of such by mail.

CRITICAL

Applies to

Order to show cause

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.

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

Applies to

Objection to order to show cause

Written objections to an order to show cause must be filed and served 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

Applies to

Mediation report

The mediator must sign and file the mediation 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

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

Service

Mail

The timing and requirements for motion-hearing notice by mail are governed by Supreme Court Rule 12(c).

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

WARNING

At the court’s discretion, emergency and legally ex parte motions may be heard without being called for hearing, and emergency motions receive priority whenever possible.

Emergency motions and motions which by law may be made ex parte may, at the discretion of the court, be heard without calling the motion for hearing. Whenever possible, emergency motions shall be given priority.