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

CRITICAL

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 days before the hearing,

CRITICAL

Documents must be served on nonregistered parties by the method provided by an applicable order, rule, or statute.

Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Applies to

Hearing notice

Notice of a guardian’s or guardian-to-collect account must go to the ward, specified claimants, and other persons entitled to notice; for a represented person other than the ward, notice must be sent to the attorney of record at least 10 days before the hearing.

On an account of a guardian or guardian to collect: to the ward; to each claimant whose claim is filed and remains undetermined or unpaid; and to other persons entitled to notice. If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice shall be sent to the attorney not less than 10 days before the hearing.

CRITICAL

Service

Mail

For an objected-to claim, the claimant must receive at least 10 days’ hearing notice by regular mail from the designated sender.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Service

Mail

A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record unless the required written waiver or consent applies.

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

Notice of the objection must be given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.

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

CRITICAL

Service

Mail

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

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

Subpoena

Subpoenas issued under this Rule must be served in accordance with the Supreme Court Rules.

Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules.

CRITICAL

Written fee petitions, reports, and accounts must be served on the specified interested persons and unsatisfied creditors together with notice of the hearing's time, date, and place, in accordance with 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

Documents must be served on parties not registered for E-filing or E-service as provided by the applicable order, rule, or statute.

(e) Service on Parties not Registered. Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Applies to

Motion

The party must serve a copy of the motion with the hearing notice or state that the motion was previously served.

The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Except during trial, written hearing notice must be given to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Except during trial, written notice of the hearing of a motion shall be given to all parties who have appeared and have not been found by the Court to be in default and to all parties whose time to appear has not expired on the date of notice.

CRITICAL

Service

Mail

After an objection to a claim, the claimant must receive at least 10 days’ notice of the hearing by regular mail.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Before presenting the petition, the party must send the hearing notice, petition, and exhibits to those entitled to notice at least 10 days before the hearing, unless notice is 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 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

Notice of motion and motion for default

A notice of motion and motion for default must be served in accordance with Rule 5.1.

Service of a notice of motion and motion for default shall be made in accordance with Rule 5.1.

CRITICAL

Applies to

Motion to continue trial

Written notice of a trial-continuance motion must be given to all attorneys and self-represented litigants of record at least seven days before trial.

The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date

CRITICAL

For a recovery, the representative or attorney must give notice to the specified persons, including service providers, unless payment for those services is shown.

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

CRITICAL

Service

Mail

Notice with a copy of the account must be delivered personally or mailed at least 10 days before the hearing, or 14 days if the address is outside the United States or Canada.

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

Service

Personal service

A rule to show cause must be personally served on the respondent at least five days before the hearing, unless the Court orders otherwise.

A rule to show cause shall be personally served on the respondent unless otherwise ordered by the Court. Unless otherwise ordered by the Court, a rule to show cause shall be served on the respondent not less than five days before the hearing.

CRITICAL

Supplemental probate proceedings are commenced by petition and service of process as in civil cases, except that personal-injury, wrongful-death, and other tort claims proceed under Rule 9.14.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14.

CRITICAL

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

At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Discovery documents must be served under Supreme Court Rule 11, and filed proof must identify the document, case, service date, and sending and receiving parties.

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.

WARNING

Service

Mail

When issuing a citation, the Clerk must mail notice of the proceeding and return date to all interested persons, including unpaid creditors.

When issuing a citation required by this Rule, the Clerk shall mail notices of the pendency of the citation proceeding and return date to all persons interested in the administration of the estate, including unpaid creditors.

WARNING

If the moving party made a good-faith scheduling effort but an opponent did not cooperate, hearing notice must be served at least three days beforehand 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.

WARNING

Service

Mail

After dismissal of a probate case, the Clerk must mail notice to the personal representative and attorney stating that reinstatement may be sought for good cause within 30 days after notice.

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.

WARNING

Service

Mail

The Clerk must mail notice that the account is due to the representative and any attorney of record.

The Clerk shall mail to the representative and any attorney of record a notice that the account is due;

WARNING

Service

Mail

After dismissal, the Clerk must mail notice of the dismissal.

After dismissal, the Clerk shall give notice of the dismissal by mail.

WARNING

A party may request copies of subpoenaed materials, must pay copying expenses, and must receive the reproduced materials no earlier than 10 days after receipt of the subpoenaed materials.

Any party may request copies of all materials obtained by a party pursuant to this Rule. Expenses of copying shall be borne by the party requesting copies, and the materials shall be reproduced and forwarded to the requesting party not less than 10 days following receipt of the subpoenaed materials.

WARNING

Service

Mail

The Clerk must give at least 30 days’ notice before a dismissal for want of prosecution and mail notice after dismissal.

The Clerk shall give notice of the pendency of dismissal not less than 30 days before the date set for dismissal. After dismissal, the Clerk shall give notice of the dismissal by mail.

WARNING

Service

Mail

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

WARNING

The Clerk must give notice of a pending dismissal at least 30 days before the scheduled dismissal date.

The Clerk shall give notice of the pendency of dismissal not less than 30 days before the date set for dismissal.

WARNING

An entry of appearance may replace required notice if it states on its face that the person has read the relevant filing and approves the requested fees.

Entries of appearances will be accepted in lieu of any required notice if the appearance indicates on its face that the person executing the appearance has read the petition, account, or report and approves the fees requested.

WARNING

For a summons returnable on a date certain, the Court may find a defendant in default on the return date without further notice or proceedings if the defendant does not appear or file a written appearance.

If a defendant fails to file a written appearance or appear in person or through an attorney in response to a summons returnable on a date certain, the Court may find the defendant in default on the return date without further notice or proceeding.

WARNING

Emergency motions and motions that, by law, may be heard ex parte may, at the discretion of the Court, be heard without giving notice. Emergency motions deemed by the Court to be a valid emergency shall, when practicable, be given precedence over other matters before the Court.

Emergency motions and motions that, by law, may be heard ex parte may, at the discretion of the Court, be heard without giving notice. Emergency motions deemed by the Court to be a valid emergency shall, when practicable, be given precedence over other matters before the Court.

WARNING

Counsel or a self-represented party intending to introduce a witness’s testimony must notify the witness of the request for or grant of extended media coverage.

Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.

INFO

Service

Mail

Service of a subpoena by mail may be proved prima facie using the specified return receipt and affidavit.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

INFO

The petitioner may notify the respondent before presenting the petition, but notice is not required unless the Court directs it.

The petitioner may give notice to the respondent before presenting a petition to the Court for issuance of a rule to show cause but is not required to give notice unless otherwise directed by the Court.