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

CRITICAL

A supplemental probate proceeding must be initiated by petition in the probate case and service of process as in other civil cases, except that personal-injury, wrongful-death, and other tort claims follow 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

Service

Publication

If the person’s name or current post office address is unknown, 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 the requirement.

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 notice is waived, each heir or legatee identified by name and address in the petition must receive notice at least 14 days 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.

CRITICAL

Unless waived, notice of the commission petition must be given to each identified heir or legatee at least 14 days before the will or codicil 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

Motion-hearing notice must be served in the manner and on the persons described in Supreme Court Rule 11.

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

CRITICAL

Service

Mail

The Clerk must notify parties of a pending dismissal at least 30 days before the dismissal date 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.

CRITICAL

Applies to

Motion

The hearing notice must be accompanied by service of the motion, 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

Service

Mail

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

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

CRITICAL

Applies to

Post hearing notice

Notice must be given in the manner and to the persons described in Supreme Court Rule 11.

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

CRITICAL

When filing a media-coverage request, the requestor must notify the court media liaison, counsel of record, and unrepresented parties at the same time.

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

Service

Electronic service to all parties

E-service must comply with 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

Service

Mail

When issuing a citation, the Clerk must mail notice of the proceeding and return date to all persons interested in the estate administration, 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.

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

The recipient of a subpoena requesting testimony shall appear at the time and place indicated on the subpoena, if payment of the witness fee and mileage has been tendered. The recipient of a subpoena requesting specified documents, objects, or tangible things who has actual or constructive possession or control of the materials shall respond by the date indicated on the subpoena, if payment of the witness fee and mileage has been tendered, either in person or by mail with appropriate certification.

The recipient of a subpoena requesting testimony shall appear at the time and place indicated on the subpoena, if payment of the witness fee and mileage has been tendered. The recipient of a subpoena requesting specified documents, objects, or tangible things who has actual or constructive possession or control of the materials shall respond by the date indicated on the subpoena, if payment of the witness fee and mileage has been tendered, either in person or by mail with appropriate certification.

CRITICAL

Proper notice of the objection 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

Applies to

Written appearance

An attorney must serve copies of a written appearance as required for service of pleadings.

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

CRITICAL

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;

CRITICAL

Service

Mail

After an objection is filed, 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

Service

Mail

On dismissal, the Clerk must mail notice to the personal representative and attorney of record explaining the good-cause reinstatement opportunity.

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

Discovery documents must be served in accordance with Supreme Court Rule 11.

Discovery documents shall be served in accordance with S. Ct. R. 11.

CRITICAL

When filing a written objection, the objector must simultaneously notify the requestor, court media liaison, 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

Service

Mail

When notice is sent by regular mail, proof of mailing must be made part of the record.

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

CRITICAL

Fee petitions, reports, and accounts must be served on the listed interested persons along with hearing notice, 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

Applies to

Pre session letter

An attorney or SRL who submits a pre-session letter to the mediator must provide a copy to opposing counsel or the opposing SRL.

The attorney or SRL shall provide a copy of any letter to the opposing counsel or SRL.

CRITICAL

At least 10 days before presenting the petition, the party must send the hearing notice, petition, and exhibits to persons entitled to notice, unless notice is waived in writing or excused 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

Documents must be served on parties not registered for e-filing or e-service as provided by the 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

Written appearance

An SRL must serve copies of the appearance as 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

Deadline

48 hours

Subpoenas must be served under the Supreme Court Rules, and a copy plus proof of service must be served on all parties within 48 hours of issuance.

Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules. A copy of the subpoena and proof of service shall be served on all parties within 48 hours of issuance.

CRITICAL

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

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

The Clerk must give notice that dismissal is pending 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.

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

Service

Mail

Prima facie proof of mailed subpoena service requires the specified return receipt and affidavit, including proof of prepaid restricted delivery and the witness and mileage fee check.

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.

CRITICAL

Deadline

48 hours

After a motion is heard without prior notice, the party obtaining the order must serve specified written notice on covered 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. Notice shall be given in the manner and to the persons described in S. Ct. R. 11.

CRITICAL

Service

Mail

Documents sent by mail to comply with a subpoena must not be mailed more than two business days before the date stated on the subpoena.

DO NOT MAIL DOCUMENTS MORE THAN TWO BUSINESS DAYS BEFORE THE DATE STATED ON THE SUBPOENA.

CRITICAL

Notice of a guardian’s account must go to the ward, qualifying claimants, and other entitled persons, with notice to an appearing attorney for a non-ward recipient 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

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

Service

Mail

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

CRITICAL

Notice must be given to the State’s Attorney, former representative and counsel, and all persons entitled to notice before presenting a petition to withdraw money held by the county treasurer.

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 minor-or-ward settlement petition, the party must send the hearing notice, petition, and exhibits to the specified family or caregiver recipients unless notice is waived in writing or excused 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

Deadline

1 business days

Applies to

Exhibit

A pre-marked exhibit may be used at a remote hearing only if all other parties and the Court received a copy at least one full business day beforehand.

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

Service

Mail

When a claim is contested, the claimant must receive hearing notice by regular mail at least 10 days before the hearing.

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

At least 10 days before the hearing, the party must send the hearing notice, petition, and exhibits to persons entitled to notice, unless notice is waived in writing 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

Service

Mail

Jury summonses must be served at least 15 days before service begins and may be sent by regular mail to listed addresses.

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

Except during trial, written notice of a motion hearing 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 to all parties

Unless waived, final or binding account-hearing notice must go to specified interested persons, include a copy of the account and required warning, and meet the 10- or 14-day timing and publication rules.

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: (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. 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. (2) 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; (b) 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; (c) the notice shall contain the time, date, place, and nature of the hearing in substantially the following sentence: “If the account is approved by the judge, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Service

Mail

A claimant must mail or deliver the claim to the estate’s legal representative and attorney of record unless the specified 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

Deadline

1 business days

Applies to

Pre marked exhibit

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

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

Service

Mail

The Clerk must issue and 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

Personal service

Documents requiring personal service to confer jurisdiction cannot be served electronically and must be served conventionally.

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

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

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