15th Judicial Circuit Court, Jo Daviess County, Illinois Service and Proof of Service Rules

CRITICAL

Before presenting a petition to withdraw money deposited by court order, notice must be given to the state’s attorney, the former representative and attorney, and other persons entitled to notice.

Before a petition is presented for an order directing the country treasurer to pay money deposited by order of the Court, notice shall be given to the state’s attorney, the former representative and his or her attorney, and all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

Before presenting a petition, the party must send the hearing notice, petition, and exhibits to the specified recipients; notice may be waived by written consent or excused by the Court for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to the minor’s or ward’s spouse, parents, adult siblings, appointed guardian, or, if none, person with or facility in which the minor or ward resides. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

At least 10 days before presenting the petition, the party must send hearing notice, the petition, and its exhibits to persons entitled to notice, subject to written waiver or a good-cause excuse.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to those persons entitled to notice under the Act at least 10 days before the date of the hearing. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

Applies to

Written notice of motion heard without prior notice

The attorney or self-represented litigant obtaining an order after a hearing without prior notice must serve the written notice on the specified parties in the manner described in Supreme Court Rule 11.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing. Notice shall be given in the manner and to the persons described in S. Ct. R. 11.

CRITICAL

Applies to

Notice of hearing

Service

Mail

If hearing notice is served on any party by regular mail, it must be mailed at least 14 days before the hearing.

provided, however, that if the notice is served on any party by regular mail, the notice of hearing must be mailed at least 14 days before the hearing.

CRITICAL

Pretrial documents required by the Court must be filed and served at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

Applies to

Written appearance

An attorney must serve copies of the written appearance in the manner required for service of pleadings.

The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Jury summons

Service

Mail

The Clerk must serve jury summonses at least 15 days before service begins; regular mail to the listed voter-registration or driver’s-license address is permitted.

The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service. Jury summonses may be served by regular mail to the addresses as listed in the voter registration or driver’s license files.

CRITICAL

Service

Mail

When a probate case is dismissed, the Clerk must mail notice to the personal representative and attorney of record explaining that reinstatement for good cause may be sought within 30 days after the notice date.

On dismissal of the case, 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, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

When directed by the Court to place an inactive estate or guardianship case on a docket call, the Clerk must notify the last known attorney of record, personal representative, or both of the docket call’s time and place.

Whenever the Court determines that a decedent’s estate or guardianship has remained inactive for a considerable time, the Court may direct the Clerk to place the case on a docket call, and the Clerk shall give notice, as directed by the Court, to the last known attorney of record or personal representative or both of the time and place of the docket call.

CRITICAL

Applies to

Judgment

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

A copy of the judgment shall be provided to the contemnor.

CRITICAL

Applies to

Proposed judgment or order

A plaintiff seeking a judgment or other order with a default motion must serve a copy of the proposed judgment or order with the motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Applies to

Motion

A written motion seeking permission to appear remotely must be served as required by Local Rule 5.1, unless a standing order or case-specific discretionary exception allows otherwise.

(d) Procedures for Requesting Permission to Appear Remotely. 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 S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rules 11 and 12, is complete at the Vendor-posted transmission time, and is effective on all parties registered to receive it.

(b) E-Service. E-service shall be made in accordance with Supreme Court Rules 11 and 12 and shall be deemed complete at the posted date and time of transmission listed by the Vendor. The E-service of a pleading or other document shall be considered valid and effective service on all parties that are registered to receive E-service and shall have the same legal effect as personal service of an original paper document.

CRITICAL

Applies to

Pre session letter

If an attorney or SRL submits a pre-session letter to the mediator, they must provide a copy to opposing counsel or the opposing SRL.

Before the first mediation session, each attorney or SRL may submit a letter to the mediator providing information with regard to the case, including temporary or permanent orders that have been entered and a statement of the unresolved issues. The attorney or SRL shall provide a copy of any letter to the opposing counsel or SRL.

CRITICAL

A copy of each settlement memorandum must be delivered to the Court at least seven days before the conference.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

Motion-hearing notice must be given using the manner and to the persons specified in Supreme Court Rule 11.

Notice shall be given in the manner and to the persons described in S. Ct. R 11.

CRITICAL

Before presenting a petition for payment of court-deposited funds, notice must be given to the State’s Attorney, former representative and counsel, and other persons entitled to notice.

Before a petition is presented for an order directing the country treasurer to pay money deposited by order of the Court, notice shall be given to the state’s attorney, the former representative and his or her attorney, and all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

Service

Electronic service to all parties

E-service must follow Supreme Court Rules 11 and 12 and is complete at the vendor’s posted transmission time for parties registered to receive it.

E-service shall be made in accordance with Supreme Court Rules 11 and 12 and shall be deemed complete at the posted date and time of transmission listed by the Vendor. The E-service of a pleading or other document shall be considered valid and effective service on all parties that are registered to receive E-service and shall have the same legal effect as personal service of an original paper document.

CRITICAL

Unless notice is waived, each heir or legatee identified in the petition must receive notice at least 14 days before the admission hearing.

Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition.

CRITICAL

Applies to

Proof of mailing or delivery

The claimant must file with the Clerk proof of mailing or delivery of the claim, or a waiver, within 10 days after filing the claim.

The claimant shall file with the Clerk proof of mailing or delivery of the claim, or a waiver thereof, within 10 days after filing the claim.

CRITICAL

Applies to

Notice of hearing and petition

The hearing notice and petition must be served and returned under S. Ct. R. 105(b), unless the Court allows the Clerk or petitioner’s attorney to give notice by regular mail 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 S. Ct. R. 105(b) or, if the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address.

CRITICAL

Service

Mail

When notice is given by regular mail, proof of mailing must be included in the record.

If notice is made by regular mail, proof of mailing shall be made part of the record.

CRITICAL

When filing a request, the media requestor must notify the court media liaison, all counsel of record, and unrepresented parties.

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

Proper notice must be given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

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

CRITICAL

Service

Personal service

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

Electronic Service does not confer jurisdiction. Therefore, documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.

CRITICAL

Before presenting the petition, the party must send the hearing notice, petition, and exhibits to the listed relatives or guardian, or the minor’s or ward’s resident or facility, subject to written waiver or a good-cause excuse.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to the minor’s or ward’s spouse, parents, adult siblings, appointed guardian, or, if none, person with or facility in which the minor or ward resides. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

After an unnotified hearing, the party obtaining the order must serve a notice with specified information on the described parties and file proof of service within 48 hours.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing. Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

Applies to

Hearing notice

Other persons entitled to notice must receive notice with a copy of the account in person or by regular mail at least 10 days before the hearing, or at least 14 days before it if their address is outside the United States or Canada.

Notice to all other persons entitled to notice shall be given as follows: (a) notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing, except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing;

CRITICAL

Deadline

48 hours

A copy of the subpoena and proof of service must be served on all parties within 48 hours after issuance.

A copy of the subpoena and proof of service shall be served on all parties within 48 hours of issuance.

CRITICAL

Applies to

Notice of hearing

If the setting party did not make a good-faith scheduling effort, hearing notice may not be served fewer than 10 days before the hearing unless the Court allows otherwise.

Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing;

CRITICAL

Applies to

Written appearance

An SRL must serve copies of the appearance in the manner required for service of pleadings.

The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Hearing notice

Notice of a hearing on a final account or an account intended to be binding must be given as specified in the rule unless the persons entitled to notice waive it.

Unless waived by the person(s) entitled to notice, notice of the hearing on a final account or an account intended to be binding pursuant to section 24-2 or section 24-11(b) of the Act shall be given as follows:

CRITICAL

Without a good-faith scheduling effort, notice must be served at least 10 days before the hearing, or mailed at least 14 days before it, unless the Court allows otherwise.

Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing; provided, however, that if the notice is served on any party by regular mail, the notice of hearing must be mailed at least 14 days before the hearing.

CRITICAL

Unless waived, heirs and legatees identified in the petition must receive at least 14 days’ notice before the hearing; interested persons may propose written cross-interrogatories before the hearing.

Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition. Before the hearing, any interested person may propose written cross-interrogatories.

CRITICAL

Applies to

Claim

A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record, unless either waives delivery in writing or consents to allowance of the claim.

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

CRITICAL

Discovery documents must be served under Supreme Court Rule 11, and proof of service or answering must be filed with the Clerk.

Discovery documents shall be served in accordance with S. Ct. R. 11. Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

The movant must notice the motion for hearing before the scheduled mediation date and provide hearing notice to all interested parties, including an appointed mediator.

The movant shall notice the motion for hearing before the mediation’s scheduled date. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.

CRITICAL

Required pretrial documents must also be served at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

Applies to

Subpoena

A subpoena’s return date must be at least 10 days after its service date.

No subpoena may be returnable less than 10 days following its date of service.

CRITICAL

A subpoena’s return date must be at least 10 days after service.

No subpoena may be returnable less than 10 days following its date of service.

CRITICAL

Fee petitions, reports, or accounts must be served on the listed interested persons with notice of the hearing’s time, date, and place under Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Applies to

Hearing notice

Service

Publication

If the representative or attorney does not know the person’s name or current post office address, notice must be published once in a newspaper of general circulation in the hearing county at least 14 days before the hearing, unless the Court waives publication.

if the name or present post office address of the person is not known to the representative or 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 hearing, unless waived by the Court;

CRITICAL

Unless the parties agree to confidential submission to the Court, the preparer must serve the memorandum on all other attorneys or SRLs and must not file it with the Clerk.

Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

CRITICAL

Deadline

1 business days

Applies to

Pre marked exhibit

An exhibit may be used at a remote hearing only if a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day beforehand.

(7) No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day before the hearing;

CRITICAL

Unless the parties agree to confidential submission, the memorandum must be served on other counsel and SRLs but not filed with the Clerk.

Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

CRITICAL

Service

Mail

Notice by regular mail must be mailed at least 10 days before the hearing.

and notice by regular mail shall be mailed not less than 10 days before the hearing.

CRITICAL

Applies to

Notice of hearing

If the setting party made a good-faith scheduling effort but an opposing party did not cooperate, hearing notice must be served at least three days before the hearing unless the Court allows otherwise.

Unless otherwise allowed by the Court, if an attorney or SRL has made this good-faith effort but an opposing party has not cooperated in determining a mutually agreeable time and date, notice of the hearing must be served at least three days before the hearing.

CRITICAL

Before submitting a proposed order to the Court, its preparer must tender it to all other attorneys and SRLs of record.

Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

Service

Personal service

Documents that require personal service to confer jurisdiction cannot be served electronically and must be served in the conventional manner.

(a) Jurisdiction. Electronic Service does not confer jurisdiction. Therefore, documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.