Circuit Court of Henry County, Illinois (14th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Applies to

Motion

Except in traffic cases, a party seeking relief must send a copy of its motion with notice to all other parties of record.

With the exception of traffic cases (TR), all interested parties, seeking a form of relief from the Courts, shall make such request in the form of a written motion and send a copy of same with notice to all other parties of record.

CRITICAL

Applies to

Motion

When a party is identified as the People of the State of Illinois, the notice and motion must be sent to the Henry County State's Attorney's office.

If one party is identified as the People of the State of Illinois, the notice and motion shall be sent to the office of the Henry County State's Attorney.

CRITICAL

Applies to

Motion and notice of hearing

The motion and hearing notice must be served on other parties’ counsel and pro se parties, and provided to the Supervising Judge for Arbitration’s calendar and the Arbitration Administrator.

Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same matter as other motions and a copy of the motion and notice of time of hearing thereon on the calendar of the Supervising Judge for Arbitration, and shall likewise be served upon the Arbitration Administrator.

CRITICAL

Applies to

Notice of intention to offer evidence

A party may offer the listed documents without foundation or other proof if every other party receives written notice of the intent to offer them at least 30 days beforehand, accompanied by a copy.

If at least thirty (30) days written notice of the intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:

CRITICAL

Written notice of intent to use expert opinion or testimony must be given to every other party at least 30 days before the hearing.

A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than thirty (30) days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert's qualifications, the subject matter, the basis of the expert's conclusions, and the expert's opinion as well as any other information required by Rule 222(d)(6).

CRITICAL

Applies to

Notice of award

Service

Court service to all parties

The Circuit Court Clerk must serve notice of the award on all parties who have filed an appearance.

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

CRITICAL

Notice of a hearing on a motion to defer mediation must be provided to all interested parties, including any appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediation who has been appointed.

CRITICAL

The party requesting a hearing must give written notice of all motions to the specified parties unless the Court excuses notice.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing 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 notice.

CRITICAL

Notice by personal delivery, mail, email, or facsimile must comply with Supreme Court Rule 11 as to manner and recipients.

Notice (whether personal delivery, mail, email, or facsimile) shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Deadline

1 court days

Absent a different rule, personal, fax, or email notice is due at least one court day before the hearing; mailed notice must be deposited on the fourth court day before it.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

CRITICAL

After a motion is heard without prior notice, the attorney obtaining the order must serve specified written notice on the nondefaulting parties and file proof of service with the clerk within two days after the hearing, following Supreme Court Rule 11.

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 judge who heard the motion, date of the 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 and proof of service thereon shall be filed with the clerk within two days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Applies to

Notice of hearing

The party scheduling a telephonic hearing must serve and file a hearing notice unless the parties waive notice, and must initiate and pay for the call unless the parties agree otherwise or the Court orders otherwise.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties, and that party shall initiate and pay for the call unless otherwise agreed between the parties or ordered by the Court.

CRITICAL

Deadline

4 court days

Required pre-trial documents must be served at least four court days before the conference.

In actions in which a pre-trial conference is ordered, the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

CRITICAL

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

CRITICAL

Deadline

6 court days

Unless the judge orders otherwise, the petitioner must serve their completed Rule 9(d) documents on the respondent at least six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

CRITICAL

Deadline

3 court days

The respondent must serve their completed documents on the petitioner at least three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

CRITICAL

For the specified 2-1401 filings made more than 30 days after the listed final judgments or orders, the matter is a new proceeding and service must be made on the party rather than a former attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/513I, or a final order of maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

CRITICAL

Applies to

Notice of hearing

The hearing notice for a motion to remove a case from the strike list must be given to all attorneys of record and unrepresented parties.

Notice of hearing on this motion shall be given to all attorneys of record and to all parties not represented by an attorney.

CRITICAL

The committee chairman must cause summons and the petition to be served on the county board chairman and each board member at least 21 days before the hearing.

The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than twenty-one (21) days prior to the hearing.

CRITICAL

Applies to

Notice of hearing and petition

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 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, postage prepaid, to the respondent's last known address.

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 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, postage prepaid, to the respondent's last known address.

CRITICAL

Applies to

Notice of hearing

Service

Personal service

Notice by personal service must be served at least seven days before the hearing.

Notice by personal service shall be served not less than seven (7) days prior to the hearing

CRITICAL

Applies to

Notice of hearing

Service

Mail

Notice by U.S. Mail must be mailed at least ten days before the hearing, and proof of mailing must be included in the record.

Notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing. If notice is made by regular U.S. Mail, proof of mailing notice shall be made part of the record.

CRITICAL

The respondent must be served with hearing notice and a copy of the petition, and the service must be made of record as specified in Rule 21.3(c).

Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3(c) of these rules.

CRITICAL

A copy of the civil contempt judgment must be provided to the contemnor.

A copy of the judgment shall be provided the contemnor.

WARNING

The Court directs notice for motions made within a court day of trial, and notice of additional relief must comply with Supreme Court Rule 11.

Notice of motion made within a court day of trial shall be given as directed by the Court. Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

WARNING

If a previously filed financial affidavit is no longer accurate, amendments must be timely filed and served.

If the financial affidavit previously filed is no longer accurate, amendments shall be timely filed and served.

WARNING

Service

Mail

A matter subject to dismissal may be dismissed and stricken after 14 days’ notice by mail.

All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days notice by mail.

WARNING

Service

Mail

The committee chairman may direct the Circuit Clerk to mail notice and the petition to other appropriate persons at least 21 days before the hearing, and the clerk’s certificate of mailing must be made of record.

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first-class postage thereon and depositing it in the United States Mail not less than twenty-one (21) days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.