Circuit Court of Marshall County, Illinois (10th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

The written demand must be served on the executor, administrator, or guardian in the manner provided for service of motions.

Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.

CRITICAL

Applies to

Documents presented with motion

Copies of documents presented to the court with a motion must be served with the hearing notice, or the notice must state that the copies have been served.

Copies of all documents presented to the court with the motion shall be served with the notice or the notice shall state that copies have been served.

CRITICAL

Counsel or a self-represented party seeking to introduce a witness's testimony must notify the witness of the request 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.

CRITICAL

If a motion heard without prior notice is denied, notice must be given in accordance with Rule 23(a).

If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.

CRITICAL

A person seeking to depose a witness to a will must give the court-directed hearing notice to each heir, legatee, and devisee identified in the probate petition.

A person desiring to take the deposition of a witness to a will as provided by Section 6-5 of the Probate Act shall give such notice of the hearing on the petition to take such deposition as the court may direct to be given to each heir, legatee and devisee whose name and post office address are stated in the petition for admission of the will to probate.

CRITICALCivil cases

Financial affidavits must be served on all parties.

The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.

CRITICAL

shall give such notice of the hearing thereon as the court may direct.

shall give such notice of the hearing thereon as the court may direct.

CRITICAL

Service

Personal service

Personal service of process must be used.

Personal service of process shall be utilized.

CRITICAL

Service

Publication

If a person’s name or residence is unknown and cannot be ascertained with due diligence, the executor or administrator must file an affidavit and give notice by county newspaper publication at least 20 days before the hearing.

Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect shall be filed with the clerk of this court by said executor or administrator, then notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in this county at least 20 days prior to the date of the hearing.

CRITICAL

Applies to

Motion notice

Motion notices must be given in the manner and to the persons required by Illinois Supreme Court Rules, and a change or substitution motion must also be served on the judge sought to be removed.

Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rules. Provided however, if a motion for change/substitution of judge is filed, a copy of the motion shall be served on the judge sought to be removed.

CRITICAL

Deadline

3 court days

Applies to

Notice of hearing

Service

Mail

Notice given by mail must be deposited with the United States Post Office or in a Post Office Box no later than the third court day before the motion hearing.

If notice is given by mail, the notice shall be deposited in the United States Post Office or Post Office Box on or before the third court day preceding the hearing of the motion (e.g., a notice of a hearing on Thursday must be mailed on or before the preceding Monday.

CRITICALCivil cases

Applies to

Notice of hearing

Notice generally must be given at least 10 days before the hearing in the manner provided by Supreme Court Rule 105, subject to the stated publication exception.

The notice shall be given at least 10 days prior to the hearing in the manner provided by Supreme Court Rule 105 except when notice is by publication as herein provided, and except

CRITICAL

When filing a written objection, the objector must notify the requestor, the court media liaison, counsel of record, and parties appearing without counsel at the same time.

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.

CRITICALCriminal cases

Service

Mail

The clerk must mail notice to everyone listed on the certificate of service and to the requester, and file proof of mailing.

The clerk shall send notice to all listed on the certificate of service and to the requester and file proof of mailing.

CRITICAL

Applies to

Subpoena for production

No subpoena shall be issued for the production of documents, or tangible things, to any place except before a judge of this court or at a properly noticed deposition unless all counsel of record are given reasonable notice prior to the date of compliance with the subpoena.

No subpoena shall be issued for the production of documents, or tangible things, to any place except before a judge of this court or at a properly noticed deposition unless all counsel of record are given reasonable notice prior to the date of compliance with the subpoena.

CRITICAL

Financial affidavits must be served on all parties.

The financial affidavit(s) shall be served on all parties.

CRITICAL

For qualifying emergency or ex parte matters heard or ordered without prior notice, the attorney obtaining the order must serve notice on the specified parties in the manner required by Illinois Supreme Court Rule 11; proceedings for an ex parte order of protection under the Illinois Domestic Violence Act are excepted.

Other than proceedings for an ex parte order of protection under the Illinois Domestic Violence Act, if an emergency motion or a motion which by law may be made ex parte is heard or an order is entered without prior notice under this rule, written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon, shall be served by the attorney obtaining the order upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of the hearing, and proof of service thereof 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 Illinois Supreme Court Rule 11.

CRITICAL

When filing a coverage request, the media requestor must notify the court media liaison, counsel of record, and parties appearing without counsel.

At the same time 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

Applies to

Written appearance

Copies of an appearance must be served using the manner required for service of pleadings.

Copies of the appearance shall be served in the manner required for the service of copies of pleadings.

CRITICAL

Applies to

Notice of petition and hearing

The legal representative or attorney must serve notice of the petition and hearing on the persons specified in 740 ILCS 180/2, including health-care or funeral-service providers unless payment for their services is shown.

Notice of the filing of a petition for determination of dependency under the Wrongful Death Act or the Dram Shop Act and of the hearing thereon, shall be served by the legal representative or his attorney upon the person or persons named in sub-paragraphs (a), (b) and (c) of 740 ILCS 180/2 including persons furnishing health care or funeral services for the deceased person, unless payment for such services is shown.

CRITICALCivil cases

Notice of the petition and hearing time and place must be given to all heirs named in the petition in the manner directed by the court.

Notice of the petition and of the time and place of hearing shall be given in such manner as the court directs to all heirs named in the petition.

CRITICAL

The serving party must provide one copy of written discovery documents to each party required to answer and retain the original.

The party serving written discovery documents shall provide one copy to each party required to answer the same. The original shall be retained by the serving party.

CRITICALCivil cases

A person seeking to depose a witness to a will must give court-directed notice of the hearing to each heir, legatee, and devisee identified in the probate petition.

A person desiring to take the deposition of a witness to a will as provided by Section 6-5 of the Probate Act shall give such notice of the hearing on the petition to take such deposition as the court may direct to be given to each heir, legatee and devisee whose name and post office address are stated in the petition for admission of the will to probate.

CRITICAL

Applies to

Notice of hearing

Unless an action is on the daily trial call, is during trial, or a statute provides otherwise, written notice stating the hearing time, date, and place must be given to the specified parties.

Except in actions appearing on the daily trial call or during the course of trial, or as provided by statute, written notice of the hearing of all motions giving time, date and place of hearing, shall be given to all parties who have appeared and who have not 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 notice.

CRITICAL

Applies to

Notice of hearing

Unless inconsistent with statute or Illinois Supreme Court Rule, notice delivered by personal service or facsimile must be delivered at least two full business days or 48 hours before the hearing, whichever is greater.

The following provisions shall apply unless inconsistent with statute or Illinois Supreme Court Rule. If notice of hearing is given by personal service, or facsimile transmission, the notice shall be delivered or sent at least two full business days or 48 hours before the time of the hearing, whichever is greater.

CRITICAL

Applies to

Petition for withdrawal of deposited money

Before presenting a petition for an order directing payment of money deposited with the county treasurer, the petitioner must serve notice on the county state’s attorney, the former legal representative and attorney, and anyone else entitled to notice under a court order in the proceeding.

Before any person presents his petition requesting the entry of an order directing the county treasurer to pay money theretofore deposited by order of court, he shall serve notice on: (1) The state’s attorney of the county, (2) The former legal representative and his attorney, and (3) All other persons entitled to notice under any order of court entered in the proceeding.

CRITICALCivil cases

Interested persons proposing cross-interrogatories must give notice of the hearing on them as the court directs.

Any persons interested may propose cross- interrogatories at the time of the hearing or within such further time as the court shall allow and shall give such notice of the hearing thereon as the court may direct.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

The petitioner must serve the Affidavit of Amount Due on Order to Show Cause with the petition.

the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition.

CRITICAL

Notice of a guardian’s current or final account hearing must be given to the specified claimants, ward or deceased ward’s representatives and heirs, and qualifying governmental representatives.

Notice of the hearing on a current or final account of a guardian pursuant to paragraph 24-11(b) of the Probate Act shall be given to: (1) each claimant whose claim has been filed and remains undetermined or unpaid, (2) to the ward, if living, (3) to the legal representative and the heirs at law and legatees of a deceased ward, and (4) where entitled, to the representative of the Social Security Administration, Veterans’ Administration or other governmental entity.

CRITICAL

A guardian ad litem’s filed reports must be served on the parties of record and sealed in the common law record.

Reports filed by the guardian ad litem shall be served upon the parties of record but shall be sealed in the common law record.

CRITICALCivil cases

Applies to

Written demand

A demand on an executor, administrator, or guardian must be written and served in the manner used for motions.

Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.

CRITICAL

Notice of the petition and hearing time and place must be given to all named heirs in the manner directed by the court.

Notice of the petition and of the time and place of hearing shall be given in such manner as the court directs to all heirs named in the petition.

CRITICAL

Process in an administrative-review action must be served as provided by law.

Applications seeking review from an administrative agency’s decision, including administrative review under 735 ILCS 5/3-101 and under the Illinois Workers' Compensation Act, shall be made by filing a complaint with the clerk of the court and service of process as provided by law.

CRITICALCivil cases

Service

Personal service

Personal service of process must be used.

Personal service of process shall be utilized.

CRITICAL

Proof of notice must be filed with the clerk no later than the hearing date.

Proof of such notice shall be filed with the clerk of this court on or before the date of the hearing.

CRITICAL

Service

Mail

Notice of the motion must be mailed to the judgment creditor and the attorney at their last known addresses.

(3) The notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.

CRITICALCivil cases

Applies to

Notice of hearing

Hearing notice for a final account or a qualifying binding current account must be given to all persons described in Probate Act Section 24-2.

Notice of the hearing on a final account of an executor or an administrator or on a current account that is intended to be binding pursuant to Section 24-2 of the Probate Act shall be given to all persons described in Section 24-2 ofthe Probate Act as follows:

CRITICAL

Applies to

Mediation report

The mediator must send a copy of the report to each attorney of record or pro se litigant and to the judicial coordinator.

(c) Within 10 (ten) days of completion or termination of mediation, the mediator shall file a report with the clerk of the court, using the mandatory form, and send a copy to each attorney of record or pro se litigant and to the judicial coordinator.

CRITICAL

Applies to

Affidavit of amount due on order to show cause

The Affidavit of Amount Due on Order to Show Cause must be served with the petition.

In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition.

CRITICAL

Notice must generally be given under Supreme Court Rule 105 at least 10 days before the hearing, while notice to a person outside the continental United States must be sent by air mail at least 20 days beforehand.

The notice shall be given at least 10 days prior to the hearing in the manner provided by Supreme Court Rule 105 except when notice is by publication as herein provided, and except that whenever the person resides outside the continental limits of the United States, the notice shall be by air mail at least 20 days prior to the date of the hearing.

WARNING

Applies to

Pleading

The parties must cooperate in exchanging pleadings in electronic format.

The parties shall cooperate in exchanging pleadings in electronic format.

WARNING

Service

Mail

or by mail sent to the last known address of the Defendant by the PCSO with note of date of such mailing.

or by mail sent to the last known address of the Defendant by the PCSO with note of date of such mailing.

WARNING

Applies to

Brief

In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.

In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.

WARNING

Service

Mail

The Sheriff may mail a defendant’s new report date to the defendant’s last known address.

The Sheriff may notify any defendant to whom this Order applies of a new report date sent to the last known address of such defendant by regular mail.

WARNING

For any calendar call, the clerk must give notice in the manner authorized by Illinois Supreme Court Rule 11.

For any calendar call the clerk of the court shall give notice in the manner authorized by Illinois Supreme Court Rule 11.

WARNING

Service

Personal service

PCSO may provide an alternate report date directly to the detainee without requiring a signature, but PCJ personnel must note the delivery.

by delivering a copy of the new report date directly to the detainee (with or without signature of the detainee, but with note of such delivery by PCJ personnel)