3rd Judicial Circuit Court, Madison County, Illinois Service and Proof of Service Rules

CRITICAL

If a party or designee is not a vendor subscriber, the party must serve by facsimile transmission or mail as provided by the Code of Civil Procedure.

If a party or party’s designee has not subscribed to a Vendor’s services, the party shall provide service by facsimile transmission or mail as provided by the Code of Civil Procedure.

CRITICALCivil cases

Applies to

Notice of award

Service

Court service to all parties

The Clerk of the Circuit Court must serve notice of the award on every party that 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.

CRITICALCivil cases

The summons may not be served more than 30 days after its date.

This Summons may not be served later than 30 days after its date.

CRITICALCivil cases

Service

Electronic service

LNFS will post a mailed hard-copy document within 24 hours of receiving the overnight mail package.

mailed hard copy documents will be posted to the Website within twenty-four (24) hours of receipt of the overnight mail package.

CRITICALCivil cases

Dispositive motions must be served and noticed at least ten days before the hearing, without exception.

All dispositive motions shall be served and noticed at least ten (10) days in advance of hearing, without exception.

CRITICALCivil cases

Opposing counsel must receive written notice of a treating physician's deposition seven days in advance, unless the parties agree otherwise.

Seven (7) days written notice of a deposition of any treating physician shall be given to opposing counsel unless otherwise agreed to by the parties.

CRITICAL

Appellate and post-judgment enforcement documents and notices must be served in the conventional manner.

All appellate and post-judgment enforcement proceeding documents and notices shall be filed and served in the conventional manner and not by means of e-filing.

CRITICALCivil cases

Until further notice, sealed documents must not be served through the system and must instead be served by traditional means.

Until further notice, no documents that are filed under seal ("sealed documents") shall be served via the system. Rather, service of sealed documents shall be made via traditional means.

CRITICALCivil cases

The designation must be served on the counsel for all Defendants and on Plaintiffs' counsel with pending claims.

The designation shall be served upon all Defendants' counsel and all Plaintiffs' counsel with whom they have present claims pending.

CRITICALCivil cases

Service

Electronic service

All document service must be initiated on the website by a registered user, regardless of transmission method.

Regardless of transmission method, all document service must be initiated on the website by a registered user.

CRITICALCivil cases

The expert report must be provided according to the schedule and at least three business days before the deposition.

The report shall be provided pursuant to the schedule deadlines, but in no event less than three (3) business days before the deposition.

CRITICALCivil cases

Service

Mail

When the Court orders personal notice to a claimant, the Clerk may effect sufficient service by U.S. Mail to the claimant’s attorney or, if none is listed, to the claimant’s last known address on the Registry form.

In the event the Court orders that personal notice of any amendments, late court orders or other matters to any claimant is required, service by the Clerk by U.S. Mail to Claimant's attorney, or if no attorney is listed, to the last known address of the Claimant as stated on the Registry form, shall constitute sufficient service.

CRITICALCivil cases

Applies to

Summons notice and initial questionnaire

After the foreclosure complaint is filed, the homeowner is to be served with the summons, mediation notice, and initial questionnaire.

After the foreclosure complaint is filed, the homeowner is served with the summons, notice of mandatory mediation and the foreclosure mediation program initial questionnaire.

CRITICALCivil cases

Applies to

Proposed calendar

Each Plaintiff’s firm must serve the proposed calendar and notice it for hearing within 14 days after the trial schedule issues.

Within fourteen (14) days of the date on which the trial schedule issues, each Plaintiff’s firm shall file and serve a proposed calendar for setting pending cases on the assigned trial dates, and notice the same for hearing.

CRITICALCivil cases

Applies to

Complaint

An asbestos-related claim must begin with a properly filed complaint served on every Defendant, including Defendants added after the original complaint.

All asbestos-related claims shall begin with a complaint properly filed and duly served on all defendants, including all defendants added after the filing of the original complaint.

CRITICALCivil cases

Depositing plaintiff-specific records in the DMD constitutes proper service on the plaintiff and defendants.

Deposit of plaintiff specific records, such as medical, employment, social security, tax, etc. in the DMD is proper service upon plaintiff and defendants.

CRITICAL

Service

Personal service

In electronically filed cases, documents requiring personal service to confer jurisdiction may not be served through an e-file vendor and must be served conventionally.

Electronic service is not capable of conferring jurisdiction. Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.

CRITICALCivil cases

Service

Electronic service

LNFS will post electronic documents to the Website within one hour of receiving them from a user.

(a) electronic documents will be posted to the Website within one (1) hour or receipt of such document from a user;

CRITICALCivil cases

Applies to

Expedited trial disclosures

Before expedited-trial treatment, the plaintiff must provide all defendants the specified interrogatory answers, medical information, and documents or releases, subject to the stated expert-review exception.

Before a case will be expedited for trial, the plaintiff shall provide the following to all defendants: answers to standardized interrogatories; medical information in plaintiff's possession, including x-rays, CT scans, MRI's, tissue slides and/or pathology (except where necessary review by plaintiff's expert precludes the same); and any documents or releases called for in this Standing Order.

CRITICALCivil cases

A plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the attached standardized interrogatories and production requests.

Any Plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the standardized interrogatories and requests for production which are attached hereto as Exhibits.

CRITICALCivil cases

A plaintiff filing a Madison County asbestos personal injury or wrongful death case is deemed served with the standardized interrogatories and requests for production.

Any Plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the standardized interrogatories and requests for production, which are attached hereto as Exhibits.

CRITICALCivil cases

Applies to

Expert witness list and disclosure

A party listing a new expert must serve the disclosure together with the expert witness list.

Any party listing a new expert shall serve, with the expert witness list, a disclosure setting forth the general subject matter of the expected testimony, the substance of the expert’s opinions, the basis thereof and curriculum vitae for that expert.

CRITICALCivil cases

When this Order requires service of specified material, counsel must file the original with the Clerk and include a Certificate of Service listing the names, addresses, and service dates for all other persons.

Whenever the provisions of this Order require that counsel make service of the specified material, counsel shall file the original document with the Clerk of the Court, and shall include with such filing a Certificate of Service which shows the names, addresses and dates of service upon all other persons.

CRITICALCivil cases

Upon filing of a new case, 30 days after all parties named therein have been served, Plaintiff may submit a request for trial, and serve same, together with a notice of hearing, on all defense counsel of record, identifying the case(s) and the proposed dates for trial.

Upon filing of a new case, 30 days after all parties named therein have been served, Plaintiff may submit a request for trial, and serve same, together with a notice of hearing, on all defense counsel of record, identifying the case(s) and the proposed dates for trial.

CRITICALCivil cases

Defendants must place copies of plaintiff records received in the CRD and give all parties written notice of deposit within three business days.

Defendants will place a copy of all plaintiff records received in the CRD and provide written notice of deposit to all parties within three (3) business days.

CRITICAL

Service

Electronic service to all parties

Other documents may be served electronically through the vendor, and the filing party or attorney is responsible for completing service through the vendor’s system.

All other documents may be served upon the other parties or their representatives electronically through the e-file vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the Vendor’s system. By their participation in this e-filing pilot program, parties and their designated counsel consent to receipt of all other documents e-filed and e-served upon them via access to the Vendor’s system over the Internet.

CRITICALCivil cases

Applies to

First notice

The First Notice must be served on the defendants with the summons or alias summons in a form approved by the Chief Judge.

A First Notice describing the mediation program must be served on the defendant(s) in a residential eviction case with the summons (or alias summons) in a form approved by the Chief Judge.

CRITICALCivil cases

Service

Electronic service to all parties

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials, served via LexisNexis or other agreed to method of electronic service and filed with the CRD, which shall attempt to obtain and file the information for the parties.

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials, served via LexisNexis or other agreed to method of electronic service and filed with the CRD, which shall attempt to obtain and file the information for the parties.

CRITICALCivil cases

Applies to

Expert witness disclosure

A new expert’s disclosure must be served together with the expert witness list.

Any party listing a new expert shall serve, with the expert witness list, a disclosure setting forth the general subject matter of the expected testimony, the substance of the expert's opinions, the basis thereof and curriculum vitae for that expert.

CRITICALCivil cases

A respondent in discovery must be notified of any proceeding affecting its interests.

A respondent in discovery shall be notified of any proceeding affecting its interests.

CRITICALCivil cases

Applies to

Transcribed stenographic record

A party who has the hearing record transcribed must notify all parties and furnish a copy to any other party who requests one and pays a proportionate share of the cost.

A stenographic record of the hearing shall not be made unless a party does so at his/her expense. If a party has a stenographic record transcribed, notice thereof shall be given to all parties and a copy shall be furnished to any other party requesting same upon payment of a proportionate share of the total cost of making the record.

CRITICALCivil cases

Notice of a hearing 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.

CRITICALCivil cases

Applies to

Deposition tender

Deposition tenders served electronically or by facsimile must be given at least seven days before depositions in Illinois, Missouri, or Indiana, and ten days before depositions elsewhere.

If served by email, LexisNexis, other agreed to method of electronic service or facsimile, all deposition tenders shall be given at least seven (7) days in advance for depositions occurring in Illinois, Missouri, or Indiana, and ten (10) days in advance for depositions occurring elsewhere.

CRITICALCivil cases

Applies to

Request for removal

The Request must be served on the other parties when the suit is filed, in accordance with Paragraph B.3.

The Request shall be filed in accordance with the Service provisions in Paragraph B.3 of this Order, and shall be served upon other parties at the time suit is filed.

CRITICALCivil cases

The person given the summons for service must return it immediately after service with an endorsement of service and any fees, or return it endorsed if service cannot be made.

This summons must be returned by the Officer or other person to whom it was given for service, with endorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.

CRITICALCivil cases

Applies to

Motion docket

Service

Court service to all parties

The Court must serve every party with the motion docket identifying the matters set for hearing.

The Court shall serve all parties with the motion docket identifying the matters set for hearing regardless of the parties' involvement in the proceeding.

CRITICALCivil cases

A respondent in discovery must be notified of any proceeding affecting its interests.

A respondent in discovery shall be notified of any proceeding affecting its interests.

CRITICALCivil cases

Specifically noticed proceedings in All Asbestos Litigation are presumptively effective for covered parties and future clients receiving at least seven days’ notice, and parties without that notice are not bound; the Court serves the motion docket on all parties.

Proceedings may be held in ―All Asbestos Litigation,‖ including, but not limited to, motions or discovery. Such proceedings, if specifically noticed in ―All Asbestos Litigation,‖ shall be presumptively effective as to any party receiving notice at least seven (7) days of the same, including any defendant or plaintiff in any asbestos case at the time and, where applicable, any respondent in discovery. Such proceedings are also presumptively effective as to the future clients of any plaintiffs’ lawyer or law firm receiving notice. The Court shall serve all parties with the motion docket identifying the matters set for hearing regardless of the parties’ involvement in the proceeding. Parties not receiving the requisite seven (7) days notice are not bound by the results of such a proceeding.

CRITICALCivil cases

Applies to

Complaint

The complaint initiating an asbestos-related claim must be served on all defendants, including any defendants added after the original complaint.

All asbestos-related claims shall begin with a complaint properly filed and duly served on all defendants, including all defendants added after the filing of the original complaint.

CRITICALCivil cases

Each plaintiff firm must serve its annual request for trial dates on all defense counsel of record.

On or before March 10 of each year, each Plaintiff's firm shall submit a request for trial dates for the following year and serve the same on all defense counsel of record—The request need not specify cases to be set.

CRITICALCivil cases

For a document filed by the Claimant, counsel must serve a completed and legible copy on each Defendant's designee by first-class mail or Lexis-Nexis file and serve.

If the document is filed by the Claimant, counsel shall serve a completed and legible copy of the document filed upon each Defendant's designee by first-class mail or by Lexis- Nexis file and serve.

CRITICAL

Service

Electronic service to all parties

Other documents may be served electronically through the e-file vendor; the filing party or attorney must complete that service using the Vendor’s system, and program participants consent to receiving those documents through the system.

All other documents may be served upon the other parties or their representatives electronically through the e-file vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the Vendor’s system. By their participation in this e-filing program, parties and their designated counsel consent to receipt of all other documents e-filed and e-served upon them via access to the Vendor’s system over the Internet.

CRITICALCivil cases

Deadline

2 business days

Applies to

Court order

Service

Electronic service

When the Court enters an order on a motion in a specific case, the motion proponent must electronically serve it on all counsel of record within two business days of entry.

In any instance in which the Court enters an Order upon a motion in a specific case, the proponent of the motion shall serve a copy of the Order via LexisNexis or other agreed-to method of electronic service to all counsel of record within two business days of entry.

CRITICAL

Service

Electronic service to all parties

E-service is complete on the first court day after transmission and is valid service on all parties with the same legal effect as personal service of an original paper document.

E-service is complete 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.

CRITICALCivil cases

Plaintiff's counsel must serve the no-testimony list on all parties at least five business days before Plaintiff's discovery deposition.

Upon reasonable inquiry and in good faith, Plaintiff's counsel, prior to the discovery deposition of Plaintiff must serve on all parties, no later than five (5) business days and prior to the deposition of a site or exposure witness, three (3) business days, a list of manufacturers or brand names of products, owners and/or operators of premises and types of products about which the plaintiff or site/exposure witness will have no testimony.

CRITICALCivil cases

Applies to

Master pleading

Parties filing a master pleading must serve it on the parties against whom it will be effective and, upon request, on other parties.

Parties filing master pleadings shall serve the master pleading on all parties against whom it is to be effective and to other parties upon request.

CRITICALCivil cases

A plaintiff may serve defendants with records, non-pleading documents, or tangible items by filing them with the CRD and serving written notice identifying the items within three business days of deposit.

A plaintiff may effect service upon defendants of any record, document (excluding pleadings or answers to interrogatories) or tangible item (including pathological materials and x-rays) by filing the same with the DMD and serving upon defendants within 3 business days of deposit, a written notice of filing which specifies the item(s) being filed.

CRITICALCivil cases

Service

Mail

When the Court requires personal notice to a claimant, the Clerk may serve it by U.S. Mail on the claimant’s attorney or, if none is listed, at the claimant’s last known address on the Registry form.

In the event the Court orders that personal notice of any amendments, late court orders or other matters to any claimant is required, service by the Clerk by U.S. Mail to Claimant's attorney, or if no attorney is listed, to the last known address of the Claimant as stated on the Registry form, shall constitute sufficient service.

CRITICALCivil cases

All motions must be noticed at least seven (7) days in advance, except in extraordinary circumstances, where at least 48 hours advance notice is required.

All motions must be noticed at least seven (7) days in advance, except in extraordinary circumstances, where at least 48 hours advance notice is required.

CRITICALCivil cases

A defendant’s filing in the CRD does not serve a plaintiff because plaintiffs are not CRD members, except for plaintiff records such as medical, employment, Social Security, or tax records.

The filing by a defendant of a record, document or tangible item in the CRD is ineffective as service upon a plaintiff or plaintiffs because plaintiffs are not members of the CRD, with the exception of plaintiff records, such as medical, employment, social security, tax, etc.