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

CRITICAL

Discovery documents must be served under Supreme Court Rule 11, and proof of service or response must be filed with specified identifying details.

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

Applies to

Notice of hearing

Hearing-setters should make a good-faith scheduling effort; absent Court permission, notice is due at least three days ahead if an opponent does not cooperate, 10 days ahead if no effort was made, or 14 days ahead when mailed.

Whenever reasonably possible, an attorney or SRL setting a matter for hearing shall make a good-faith effort to work with the Court and all opposing attorneys or SRLs to set the hearing at a time and date that is mutually convenient and consistent with the Court’s docket. If an attorney or SRL has made this good-faith effort and obtained a mutually convenient time and date acceptable to the Court, the hearing may be set at that time, and notice shall be served accordingly. 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. 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. The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she has complied with this Rule.

CRITICAL

Notice of additional relief sought must be given in accordance with Supreme Court Rule 105.

Notice that additional relief is being sought shall be given in accordance with S. Ct. R. 105.

CRITICAL

A subpoena must be returnable at least 10 days after service.

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

CRITICAL

Notice to the specified persons, including providers of hospital, medical, or funeral services, is required 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

Applies to

Motion

A motion seeking permission to appear remotely under S. Ct. R. 45(c) or (d) must be served as required by Local Rule 5.1, unless an individual court standing order or a case-by-case discretionary exception allows otherwise.

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

Applies to

Pretrial documents

When a final pretrial conference is scheduled, the required pretrial documents must be served on the other parties.

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

The hearing notice and petition must be served and returned under S. Ct. R. 105(b), though the Court may allow 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

Filers must immediately notify the other parties, Clerk, and EFM of changes to their name or contact information.

All Filers must immediately notify other parties, the Clerk, and the EFM of any change of name, mailing address, phone or fax number, or e- mail address.

CRITICAL

Before presenting the petition, notice must be given to the state’s attorney, the former representative and counsel, and anyone else entitled to notice under an order in the proceeding.

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

Applies to

Petition

Before presenting a petition, the party must send the hearing notice, petition, and exhibits to the specified recipients, unless notice is waived in writing or excused by the Court for good cause.

(e) Notice. 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

Documents must be served on nonregistered parties using the method provided by 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

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

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

If 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

Settlement conference memorandum

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

Before submitting a proposed order to the Court, the 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

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

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

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

CRITICAL

Applies to

Proposed judgment or order

A plaintiff seeking a judgment or order beyond a default finding must serve the proposed judgment or order with the default 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

Service

Personal service

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;

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

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

(b) Service. Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules.

CRITICAL

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

Hearing notice on a motion to defer mediation must be provided to all interested parties, including any appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.

CRITICAL

Applies to

Post hearing notice

The attorney or SRL obtaining an order after a hearing without prior notice must serve written notice on the parties specified in the rule.

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.

CRITICAL

The claimant must file proof of mailing or delivery, or a 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.

WARNING

Applies to

Witness objection

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

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

WARNING

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.

WARNING

Counsel or a self-represented party who plans 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.

WARNING

At the Court’s discretion, emergency motions and motions legally eligible for ex parte consideration may be heard without notice.

Emergency motions and motions that, by law, may be heard ex parte may, at the discretion of the Court, be heard without giving notice.

WARNING

Service

Electronic service

E-service is electronic transmission to an SRL, attorney, or representative, but it does not confer jurisdiction when law requires personal service.

“Electronic Service” and “E-service” mean and refer to an electronic transmission of documents to an SRL, attorney, or representative in a case. However, E- service shall not confer jurisdiction when personal service is required by law.

WARNING

A copy of the subpoena and proof of service shall be served on

A copy of the subpoena and proof of service shall be served on

WARNING

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.