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

CRITICALCivil cases

The petitioner must make an effort to notify an intimate partner who is a target of the respondent.

the petitioner must make an effort to notify an intimate partner of the respondent if they are a target of the respondent.

CRITICAL

Service

Publication

If the person's name or postal or email address is unknown, notice must be published once in a newspaper of general circulation in the hearing 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

Applies to

Post judgment 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

Unless notice is waived, a hearing notice for an account intended to be binding must be given to the ward, certain claimants, and other persons entitled to notice when the account is that of a guardian or guardian to collect.

E. Notice. 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: 1. 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.

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

Notice of hearing

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

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

CRITICAL

For a person whose postal address is outside the United States or Canada, notice must be sent by both mail and email 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

2. Notice to all other persons entitled to notice shall be: a. 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.

2. Notice to all other persons entitled to notice shall be: a. 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

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

Deadline

3 court days

Applies to

Pretrial memorandum

If a Pretrial Memorandum is required at the judge’s discretion, the parties must serve it on the other parties at least 3 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

Service

Mail

When a citation is issued, the clerk must mail the Notice of Citation Proceeding and Return Date to everyone interested in the estate administration, 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

Service

Mail

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

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

CRITICAL

Notice by facsimile is prohibited.

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

CRITICAL

Service

Mail

For a represented ward or claimant covered by the guardian-account notice provision, notice must be mailed to the attorney of record at least 14 days before the hearing.

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

CRITICAL

The party requesting a hearing must file and serve a Notice of Hearing on the specified parties or attorneys, and the notice must conform to Illinois Supreme Court Rule 11.

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. Notice shall conform to Illinois Supreme Court Rule 11.

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 the 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

Applies to

Notice of hearing

If a motion is allowed after being heard without prior notice, the written Notice of Hearing and order must be served on parties not in default, and proof of service must be filed with the Clerk 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

Mail

The Circuit Clerk must serve jury summonses at least 30 days before service begins; prepaid U.S. Mail to the address in Jury Commission records is permitted.

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

Service

Electronic service

Court-date notices are available only electronically, and case participants must obtain their dates through JUDICI.COM; notices will not be 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. 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

Deadline

72 hours

Notice of a hearing must be made at least 72 hours before the hearing.

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

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

Applies to

Notice of hearing

Service

Mail

For an extension sought for any other reason, the petition must be set for 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

Applies to

Financial affidavit

In pre-judgment cases, a party may not propound discovery until the requesting party has served 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

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.

CRITICAL

Applies to

First notice

In a residential eviction case, the 1st Notice 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

Applies to

Notice of hearing

The motion, exhibits, and attachments must be served with the Notice of Hearing, unless the notice states they were previously served.

A copy of the motion with exhibits and attachments shall be served with the Notice or the Notice must include a statement these were previously served on the parties.

WARNINGCivil cases

At this stage, the petitioner generally does not have to notify the respondent.

Generally the petitioner does not have to notify the respondent yet

WARNING

The presiding judge may, in their discretion, hear emergency and allowable ex parte motions without notice.

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