21st Judicial Circuit Court, Iroquois County, Illinois Service and Proof of Service Rules

CRITICAL

Service

Mail

When a citation is issued, the clerk must mail notice of the citation proceeding and return date to all persons interested in the estate, including unpaid creditors.

The Clerk shall mail Notice of Citation Proceeding and Return Date to all persons interested in the administration of the estate, including unpaid creditors, when the Citation is issued.

CRITICAL

Applies to

Financial affidavit

The parties must exchange completed Financial Affidavits within 60 days after the Respondent files a general appearance or responsive pleading.

The parties shall exchange completed Financial Affidavits in compliance with 750 ILCS 5/501 (a) (1) within 60-days from the date the Respondent files a general Appearance or responsive pleading.

CRITICAL

Other persons entitled to notice must receive notice with a copy of the account attached, delivered in person, by U.S. mail, or by email to their last known address at least 14 days before the hearing.

The notice with a copy of the account attached delivered in person, sent by U.S. mail, or e-mailed to the last known address or e-mail address at least 14-days prior to the hearing date.

CRITICAL

Applies to

Proposed judgment order

A copy of the proposed Judgment Order must be served on the other party at least 7 days before its presentation date.

A copy of the proposed Judgment Order must be served on the other party at least 7-days prior to the presentation court date.

CRITICAL

Notice may not be sent by facsimile.

Notice by facsimile is not allowed under Illinois Supreme Court Rule 11.

CRITICAL

Service

Mail

The clerk must mail the attorneys of record and/or personal representative notice that the account is due.

The clerk shall mail notice the account is due to the attorneys and/or personal representative of record.

CRITICAL

Deadline

72 hours

Notice of Hearing must be given at least 72 hours before the hearing.

F. Time of Notice. Notice shall be made at least 72-hours prior to the hearing.

CRITICAL

Service

Mail

For an extension petition based on another reason, the court must set a hearing and the Clerk must mail notice to interested persons, including unpaid creditors, at least 14 days before the hearing.

If the petition seeks an extension for any other reason, the court shall set the petition for hearing and the Clerk shall mail Notice of Hearing to all persons interested in the administration of the estate, including all unpaid creditors. The notice shall be mailed at least 14-days prior to the hearing date.

CRITICAL

The movant must schedule the Motion to Defer for hearing before the scheduled mediation and give hearing notice to all interested parties, including the mediator.

Movant shall set the Motion to Defer for hearing prior to the scheduled mediation and give Notice of Hearing to all interested parties including the mediator.

CRITICAL

Applies to

Post judgment dissolution matter

Post-judgment Dissolution matters filed more than 30 days after entry of the final Judgment Order require notice to the opposing party.

All post-judgment Dissolution matters filed more than 30-days after a final Judgment Order for Dissolution is entered require notice to the opposing party.

CRITICAL

Applies to

First notice

A first notice describing the eviction mediation program must be served on the defendant with the summons or alias summons.

A 1st Notice describing the mediation program shall be served on defendant in a residential eviction case with summons or alias summons as approved by the Chief Judge.

CRITICAL

For a person whose post office address is outside the United States or Canada, notice by mail and email must be sent at least 21 days before the hearing.

When the post office address of the person is outside the United States or Canada, the notice (by mail and e-mail) shall be sent at least 21-days prior to the hearing date.

CRITICAL

If a motion heard without prior notice is allowed, the written Notice of Hearing and entered order must be served on all parties not in default, and proof of service must be filed within three days of the hearing.

If a motion is heard without prior notice under this rule and the motion is allowed, written Notice of Hearing and the order entered shall be served personally, by e- mail, or by U.S. mail upon all parties not in default for failure to plead and proof of service shall be filed with the Clerk of the Court within three (3) days of the hearing.

CRITICAL

Service

Electronic service

Court-date notices are available electronically only, will not be mailed, and each person involved in a case must obtain their date through JUDICI.COM.

Effective immediately, notices of all court dates, either new dates or rescheduled dates, shall be made available by electronic means only. No notices of new or rescheduled dates shall be mailed. Any person involved in a court case shall be responsible for obtaining their court date through the link to court case information available on JUDICI.COM.

CRITICAL

Notice of a hearing on an account intended to be binding under the cited Probate Act provisions must be given unless waived.

Notice of Hearing on any account intended to be binding pursuant to 755 ILCS 5/24-2 or 755 ILCS 5/24-11(b) of the Illinois Probate Act, shall be given, unless waived, to:

CRITICAL

Applies to

Post judgment dissolution matter

For matters within 30 days after entry of the final Judgment Order, notice must be given to the party’s most recent attorney of record.

Notice to the party’s most recent attorney of record is required for matters within 30-days of entry of the final Judgment Order.

CRITICAL

Service

Mail

For an account of a guardian or guardian to collect, notice must be mailed to the attorney of record at least 14 days before the hearing if the person is represented by counsel.

If represented by counsel, Notice shall be mailed to the attorney of record at least 14-days prior to the hearing date.

CRITICAL

Service

Publication

If the person’s name, post office address, or email address is unknown, notice must be published once in a newspaper of general circulation in the county at least 21 days before the hearing, unless the court waives notice.

If the name of, the post office address, and/or e-mail address of the person is not known, notice shall be by 1-publication in a newspaper of general circulation in the county of the hearing at least 21-days prior to the hearing date, unless waived by the court.

CRITICAL

The Notice of Hearing must be served on parties or their attorneys who appeared, are not defaulted, or whose time to appear has not expired.

D. Notice. The party requesting a hearing shall file and serve a Notice of Hearing to all parties and/or their attorneys who appeared, are not defaulted, or whose time to appear is not expired.

CRITICAL

Service

Mail

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

Notice by U. S. Mail shall be mailed at least 7-days prior to the hearing

CRITICAL

For a decedent’s death-related cause of action, the specified nonconsenting relatives and service providers must receive at least 14 days’ notice of the hearing, except where proof shows the services were paid.

The surviving spouse and any next of kin set forth in 755 ILCS 5/2-1 of the Illinois Probate Act who did not consent in writing to the settlement and persons furnishing hospital, medical, or funeral services for decedent, unless proof of payment for services is shown, shall be given at least 14-days Notice of Hearing on the petition for the appointment and distribution of the settlement proceeds for a cause of action related to the death of a decedent.

CRITICAL

Proof of service of the Notice must be made part of the record.

Proof of Service of the Notice shall be made of record.

CRITICAL

Deadline

3 court days

Applies to

Pretrial memorandum

If the judge exercises discretion to require a Pretrial Memorandum, the parties must serve it at least three court days before the pretrial date.

The parties shall at the judge’s discretion submit a Pretrial Memorandum to the judge and serve it to the parties at least 3-court days prior to the Pre-Trial date.

CRITICAL

Applies to

Financial affidavit

In pre-judgment cases, a party may not request discovery until serving the other party a fully completed Financial Affidavit with the required documents attached.

In Pre-judgment cases, a party shall not propound a Request for Discovery until the requesting party served the other party a fully completed Financial Affidavit with the required documents attached.

CRITICAL

Applies to

Jury summons

Service

Mail

The Circuit Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 30-days prior to the first day of service. Jury summons may be served by U. S. Mail with postage prepaid to the address listed in the Jury Commission records.

The Circuit Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 30-days prior to the first day of service. Jury summons may be served by U. S. Mail with postage prepaid to the address listed in the Jury Commission records.

CRITICAL

Deadline

5 court days

Service

Electronic service

Electronic Notice must be transmitted at least five court days before the hearing, unless the court orders otherwise.

Electronic Notice shall be transmitted at least 5-court days prior to the hearing unless otherwise ordered by the court.

WARNING

People involved in a case must obtain their court date from the Circuit Clerk’s website or the specified online service.

Any person involved in a court case shall be responsible for obtaining their court date through the link to court case information available on the Kankakee County Circuit Clerk's website or directly at: http://eaccess.k3county.net/eservices.

WARNING

New and rescheduled court-date notices are made available only electronically and are not mailed.

Effective immediately, notices of all court dates, either new dates or rescheduled dates, shall be made available by electronic means only. No notices of new or rescheduled dates shall be mailed.

WARNING

The presiding judge may allow emergency and allowable ex parte motions to be heard without notice.

Emergency motions and allowable ex parte motions may be heard without notice at the discretion of the judge presiding.

WARNING

Service

Mail

Accommodation requests must be mailed to the Court Disability Coordinator for the county where the request is made.

The request shall be mailed to the Court Disability Coordinator for the county wherein the request is being made.

WARNING

Counsel and the parties will be issued notice of the future court date for continued juvenile proceedings.

Notice of the future court date will be issued to counsel and the parties;

INFO

A grievance complaint may be mailed or emailed to the attention of the CDC.

The complaint may be mailed or e-mailed to the attention of the CDC.