Circuit Court of Lawrence County, Illinois (2nd Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Applies to

Written appearance

A copy of the written appearance must be served on all other parties who have appeared, using the method prescribed for serving copies of pleadings.

A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.

CRITICAL

Applies to

Notice of motion

The moving party must give written hearing notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Written notice of hearing of all motions shall be given 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 such notice, by the party seeking such hearing.

CRITICAL

Deadline

2 court days

Applies to

Notice of motion

Service

Personal service

Personal service of motion hearing notice must occur before 4:00 p.m. on the second court day before the hearing.

If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.

CRITICAL

Applies to

Notice of motion

When a motion is heard without prior notice, the attorney obtaining the order must serve the specified written hearing notice on parties not found in default.

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 the judge who heard the motion, the date of 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.

CRITICAL

Applies to

Notice of motion

Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.

Proof of service thereof shall be filed with the Clerk within two days after hearing.

CRITICAL

Orders to show cause must be served on the respondent personally, by regular mail to a specified last-known address, or by another reasonable means.

(c) Service of Order. As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.

CRITICAL

Deadline

48 hours

Objections to an order to show cause must be served on the other party at least 48 hours before the hearing unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

The moving party must provide proof of service for the affidavit pursuant to Supreme Court Rule 12 unless the court orders otherwise.

Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.

CRITICAL

The responding party's affidavit must include appropriate proof of service.

Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

The petitioner must prepare and serve the respondent with a notice substantially in the specified form.

The petitioner shall prepare and serve upon respondent a notice, substantially in the form

CRITICAL

Applies to

Settlement conference documents

A copy of each required financial affidavit and settlement conference memorandum must be provided to the opposing party at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

An intent to repudiate must be sent to the other party’s attorney or, if that party is unrepresented, to the party.

Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).

CRITICAL

Applies to

Mediator report

The mediator must serve a copy of the report on all parties.

A copy of said report shall be served by the mediator upon all parties.

CRITICAL

A copy of the written appearance must be served on all other parties who have appeared, using the prescribed method for service of pleading copies.

A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.

CRITICAL

Applies to

Motion hearing notice

The moving party must give written hearing notice to appeared parties not in default and to parties whose time to appear has not expired.

Written notice of hearing of all motions shall be given 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 such notice, by the party seeking such hearing.

CRITICAL

Deadline

2 court days

Applies to

Motion hearing notice

Service

Personal service

Personal service of motion hearing notice must be completed before 4:00 p.m. on the second court day before the hearing; mailed notice follows Supreme Court Rule 12(c).

If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion. Notice given by mail is governed by Supreme Court Rule 12(c).

CRITICAL

Applies to

Post hearing notice

After a motion is heard without prior notice, the attorney obtaining the order must serve specified written notice on nondefaulting parties and file proof of service within two days.

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 the judge who heard the motion, the date of 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. Proof of service thereof shall be filed with the Clerk within two days after hearing. Notice shall be given in the manner and to the persons prescribed by Supreme Court Rule 11.

WARNING

Applies to

Notice

Service

Mail to all parties

A judge not regularly sitting in a county may hear a case there only with the Chief Judge’s approval or, alternatively, with approval from all parties and the county’s Resident Circuit Judge, notice to the Clerk, and mailed notices to all parties identifying the judge.

A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case.

WARNING

Applies to

Notice of motion

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

Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.

INFO

Applies to

Motion hearing notice

The court may, in its discretion, hear emergency or legally ex parte motions without calling them for hearing.

Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without calling the motion for hearing.