11th Judicial Circuit Court, Livingston County, Illinois Service and Proof of Service Rules

CRITICAL

If a mediator requests that a second lienholder be invited, plaintiff's counsel must notify the other lienholders.

To the extent the mediators request that a 2nd lienholder be invited to attend, the plaintiff’s counsel shall provide such notice to any other lienholders.

CRITICAL

Applies to

Discovery request

Counsel must certify proof of service of a discovery request, briefly describe the request, and provide proof of service on the directed party.

Proof of service of the aforesaid request for discovery shall be made by certification of counsel briefly describing the request made, together with proof of service on the party to whom they were directed.

CRITICAL

Applies to

Notice of hearing

The party requesting a motion hearing must notify all other parties; notice for motions made within a court day of trial is as directed by the Court, and other notices follow Supreme Court Rule 11.

Written notice of the hearing of all motions shall be given by the party requesting the hearing to all other parties. Notice of motion made within a court day of trial shall be given as directed by the Court. Notice for all other motions shall be given in the manner described in Supreme Court Rule 11.

CRITICAL

A copy of the speedy-trial demand must be served on the State's Attorney, and proof of service must be made part of the Court file.

and a copy of such demand shall be served upon the State's Attorney, with proof of service made a part of the Court file.

CRITICAL

Applies to

Written notice of hearing

When a motion is heard without prior notice, the party obtaining the order must serve written hearing notice on parties not found in default and follow Supreme Court Rule 11.

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, date of the hearing, and the order of the court thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Service

Mail to all parties

A copy of the subpoena and notice of service must be mailed first class to all parties who have appeared within 48 hours of issuance.

and a copy of the subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the case:

CRITICAL

Applies to

Notice of hearing

The hearing notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.

A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.

CRITICAL

Notice of the motion hearing 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

Deadline

3 business days

A request to appear remotely must be sent to the other party or their attorney at least three business days before the proceeding.

Any said request shall be sent to the other party or attorney for a party in the case. Said request must be made at least three business days prior to the court proceeding.

CRITICAL

Mediators must not be served with a subpoena or called as witnesses in connection with mediation sessions.

The content of all mediation sessions shall be confidential and the mediator(s) shall not be served with a subpoena or called as a witness.

CRITICAL

Parties shall send all exhibits to the Judge and opposing counsel, and to the Deputy Circuit Clerk if directed, in the manner the court directs before the hearing.

Parties shall send all exhibits, including documents, photographs, and videos, to the Judge, opposing counsel, and if directed, the Deputy Circuit Clerk, in the manner directed by the court in advance of the hearing.

CRITICAL

Service

Electronic service to all parties

Electronic service and its proof must comply with Supreme Court Rule 12; service is complete at the vendor’s posted transmission time, but response time is computed from service on the first following court day.

Electronic service shall be made and proof of service e-filed in accordance with Supreme Court Rule 12 and shall be deemed complete at the posted date and time of transmission listed by the e-service vendor. However, for the purpose of computing time for any party to respond, any document electronically served is deemed to be served on the first court day following transmission. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.

CRITICAL

The Clerk of the Circuit Court must serve notice of the award on each party who has filed an appearance.

The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.

CRITICAL

Plaintiff's counsel must provide defendant's counsel a completed Plaintiff's questionnaire within 30 days after filing the Certificate.

In addition, Plaintiff’s counsel shall provide Defendant’s counsel with a completed Plaintiff’s questionnaire within 30 days of filing the Certificate.

CRITICAL

Plaintiff's counsel must provide defendant's counsel an itemized list of missing information within 14 days after service of the packet.

Plaintiff’s counsel shall provide to defendant’s counsel an itemized list of any missing information within 14 days of the packet being served.

CRITICAL

The motion and hearing notice must be served on all other parties in the same manner as other motions, and a copy must also be served on the Administrative Assistant for Arbitration.

Such motion and notice of hearing thereon shall be served upon all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon shall likewise be served upon the Administrative Assistant for Arbitration.

CRITICAL

Service

Personal service

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

Electronic service is not capable of conferring jurisdiction. Any documents that require personal service to confer jurisdiction as a matter of law may not be served electronically and must be served in the conventional manner.

CRITICAL

The Circuit Clerk must provide the defendant with a copy of all orders and file a certificate of service.

The Circuit Clerk shall provide a copy of all orders to the defendant and file a certificate of service.

CRITICAL

Applies to

Order

Orders presented for entry must demonstrate proof of service on all opposing parties in compliance with Supreme Court Rule 11.

All orders presented to the court for entry shall demonstrate proof of service upon all opposing parties in compliance with Supreme Court Rule 11.

CRITICAL

Service

Electronic service

The filing party or attorney is responsible for completing electronic service.

The filing party or attorney shall be responsible for completing electronic service.

CRITICAL

If any mediation parties are absent when the date is reset, plaintiff's counsel must promptly notify those parties of the new date.

provided, however, if all parties to the mediation are not in attendance, the plaintiff’s counsel shall provide prompt notice of such rescheduled date to all parties not in attendance.

CRITICAL

A registered e-filer must notify the Clerk, e-filing vendor, and other parties as soon as practicable and no later than 10 business days after a change in firm name, delivery address, or email address.

Anyone registered to e-file must notify the Clerk, the e-filing vendor and the other parties as soon as practicable, but not later than 10 business days after a change of firm name, delivery address, or e-mail address.

CRITICAL

Applies to

Notice of hearing

The requesting party must secure a return date with the presiding judge during normal Court session and serve all parties, under the Rules, with a notice of hearing stating that date.

Subpoenas shall be returnable to the judge assigned to the case at a time that the Court is normally in session. It shall be the responsibility of the party requesting the subpoena to secure a return date with the judge presiding over the case. A notice of hearing indicating the return date shall be served by the party requesting the subpoena in accordance with these Rules on all parties to the case.

CRITICAL

If a defendant has not been served within 90 days after filing, the Court may dismiss the case as to that unserved defendant for lack of diligence.

If one or more defendants have not been served within ninety (90) days from the date of filing, the Court may in its discretion dismiss the case as to unserved defendants for lack of diligence.

CRITICAL

When subpoenaed items are protected by HIPAA privacy rules, the requesting party must notify the holder of the privacy privilege of the subpoena’s issuance and provide a copy showing the return date.

In cases where the documents, objects or tangible things sought are protected under the privacy rules of the Federal Health Insurance Portability and Accountability Act (HIPAA), the party seeking the items shall also give notice of the issuance of the subpoena, including a copy of the subpoena including the return date, to the person who holds the privacy privilege to the documents, objects or tangible things involved.

CRITICAL

Applies to

Discovery request

Discovery requests must be served on the directed parties, and a copy must not be filed with the Circuit Clerk.

In all civil matters an original request for discovery (including interrogatories, requests for production and requests to admit) shall be made by serving such request upon the party or parties upon whom they are directed. A copy of the request shall not be filed with the Circuit Clerk.

CRITICAL

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

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

CRITICAL

Service

Mail

Service by mail may be proved prima facie with the specified certified- or registered-mail return receipt and affidavit, including proof of delivery at least 14 days before compliance is due and that the fee and mileage payment was enclosed.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his/her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage was enclosed.

CRITICAL

Deadline

2 court days

A motion hearing generally cannot be scheduled less than two court days after effective service, unless the Court allows it.

No motion, unless allowed within the discretion of the Court, may be scheduled for hearing less than two (2) court days after the effective date of service as described in Supreme Court Rule 12.

CRITICAL

After final review, a copy of the memorandum of understanding must be sent to each participant and their attorney.

Upon final review, a copy of this memorandum shall then be sent to each participant and each respective attorney.

CRITICAL

The party who requests and schedules mediation must notify all other parties of the scheduled date.

The party requesting and scheduling said date must provide notice of any scheduled date to all other parties to the action.

WARNING

Service

Electronic service

Documents that do not require personal service to confer jurisdiction may be served electronically on the other parties or their representatives.

All other documents may be served upon the other parties or their representatives electronically.

WARNING

The form’s proof of service certifies service by mail to the recipients’ addresses of record or by email to a service contact listed in the electronic filing.

The undersigned certifies that a true and correct copy of the foregoing instrument was mailed to the above- named persons at their address of record by placing the same in a U.S. Post Office Mail Box in Bloomington, Illinois, on______________, 2020 or via email as indicated as a service contact on your electronic filing.

INFO

Service

Mail

In order to provide for the orderly disposition of sentencing hearings, the Adult Probation Department of each county of the Circuit is hereby authorized to send by regular mail, postage prepaid, a copy of the pre-sentence report to the defendant's attorney, considering the time schedule as set forth in 750 ILCS 5/5-3-4.

In order to provide for the orderly disposition of sentencing hearings, the Adult Probation Department of each county of the Circuit is hereby authorized to send by regular mail, postage prepaid, a copy of the pre-sentence report to the defendant's attorney, considering the time schedule as set forth in 750 ILCS 5/5-3-4.

INFO

The parties may agree to deliver tangible exhibits to the Deputy Circuit Clerk for preservation of the record.

The parties may also agree to deliver tangible exhibits to the Deputy Circuit Clerk for preservation of the record.

INFO

Service

Email

If the defendant has an email address, the Circuit Clerk may send all orders to the defendant by email.

If the defendant has an email address, the Circuit Clerk may forward all orders to the defendant via email.