22nd Judicial Circuit Court, McHenry County Service and Proof of Service Rules

Service

Mail

Within seven days, the personal representative or attorney must mail copies of the petition, bond, and schedules to each heir, legatee, or nearest relative whose approval is not already on file, and must file proof of mailing with the clerk.

The personal representative or his attorney, within seven (7) days, shall mail copies of the petition, bond, and schedules to each heir, legatee or nearest relative, as the case may be, except to those whose approval is on file. Proof of mailing shall be filed with the clerk.

Applies to

Notice of missing account or report

Service

Mail

When a required account or report is not filed and approved, the clerk must mail notice to the representative and attorney of record requiring the account or report to be filed.

the clerk shall issue and mail a notice to both the representative and attorney of record in the estate, advising them that an account and/or report must be filed in accordance with these rules

Applies to

Notice of hearing on account

Notice must be given at least seven days before the hearing under Supreme Court Rule 11, except when publication is used.

The notice shall be given at least seven (7) days prior to the hearing in the manner provided by Supreme Court Rule 11 except when notice is by publication as herein provided

Applies to

Notice of hearing on account

Service

Mail

For a person residing outside the continental United States, notice must be sent by airmail at least 21 days before the hearing.

whenever the person resides outside the continental limits of the United States, the notice shall be by airmail at least 21 days prior to the date of hearing.

Applies to

Notice of hearing on account

Service

Publication

When a person's name or residence is unknown after due diligence, the executor or administrator must file an affidavit, mail notice to the last known address, and publish notice at least once in a county newspaper at least 21 days before the hearing.

An affidavit to that effect is filed with the Clerk of the Court by the executor or administrator; then notice shall be given to such person by mailing the same to the last known address and by publication at least once in some newspaper of general circulation published in the County at least 21 days prior to the date of the hearing.

Applies to

Notice of hearing on account

Proof of notice must be filed with the clerk on or before the hearing date.

Proof of such notice shall be filed with the Clerk of the Court on or before the date of the hearing.

Applies to

Notice of hearing on account

Guardian account-hearing notice must be given to the specified ward, claimants, heirs or representatives, and the Chief Attorney of the Administrator of Veteran Affairs, using the procedure in subsection (A).

Notice of the hearing on a current or final account of a guardian shall be given to the ward, if living, to each claimant whose claim has been filed and remains undetermined or unpaid, to the heirs at law or legal representative of a deceased ward, and were entitled, to the Chief Attorney of the Administrator of Veteran Affairs. Such notice shall be given in the manner provided for in Section (A) of this rule.

When notice service is required under the specified Probate Act sections, proof of service must be filed with the clerk under Supreme Court Rule 12.

When service of notice is required pursuant to Section 1110.1 or Section lla-10(f) of the Probate Act, proof of service shall be filed with the clerk in the manner provided for in Supreme Court Rule 12.

Applies to

Notice of claim call

Within seven days after a claim is filed, the clerk must send the representative and claimant, or their counsel, notice setting a claim call.

the Clerk of the Court, within seven (7) days of the filing of the claim, shall send to the representative of the estate and to the claimant, or to their attorneys, if they are represented by counsel, a notice setting a call of the claim

Applies to

Notice of claim call

At least 30 days before the claim call, the representative must notify all other parties of record by sending a copy of the claim and the clerk's notice.

No less than 30 days prior to the date of the call of the claim, the representative shall notify all other parties of record of the call of the claim by forwarding to them a copy of the claim and of the notice from the clerk.

Applies to

Notice of claim call

The representative must file proof of the claim-call notice with the clerk by the claim-call date.

The representative shall file proof of such notice with the clerk on or before the date of the call of the claim.

Applies to

Notice

Trustees must file proof that beneficiaries received notice of their right to petition the court regarding the testamentary trust before or at estate closing.

A. Prior to, or at the time of the closing of an estate, in which a testamentary trust has been established, the trustees shall file with their receipt for the trust assets, proof that the beneficiaries of said trust have been given notice of their right to petition the court for the purpose of construing the trust or to take over supervision of the trust should the trustees fail to abide by the terms of the trust or to make annual accountings thereof to the beneficiaries.

Applies to

Notice

The proof of service on beneficiaries must be filed with the court clerk before the estate closes.

C. The proof of service of the notice to beneficiaries shall be filed with the Clerk of the Court prior to the closing of the estate.

Applies to

Verified petition

Appointment of a special administrator without opening a probate estate may proceed upon filing a verified petition with notice to the decedent’s heirs and legatees as directed by the court.

In cases involving actions for wrongful death brought pursuant to 740 ILCS 180/2.1, where no probate proceedings have been opened on behalf of the decedent's estate, the judge to whom the wrongful death action is assigned may appoint a special administrator for the deceased party without the necessity of opening a decedent's estate upon the filing of a verified petition with notice to the heirs and legatees of the decedent as the court directs.

Applies to

Notice of sale

Counsel must provide the notice of sale with proof of service upon those entitled to notice.

2. A notice of sale with proof of service upon those entitled to notice.

Applies to

Notice of dismissal

Service

Mail to all parties

After dismissing a cause for want of prosecution, the clerk must mail notice to all pro se parties and attorneys of record within ten days and place a copy with the certificate of mailing in the record.

Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal. A copy of the notice with the clerk's certificate of mailing shall be made of record.

A filed proof of service or notice identifying the discovery document must state the case title and number, service date, sending and receiving parties and their addresses, and the document served or answered.

Proof of service and notice of filing and answering discovery documents filed with the Clerk of the Court shall contain the case title and number, date mailed, faxed or personally served, the identity and addresses of the sending and receiving parties, and shall adequately identify the particular discovery document being served or answered.

A party receiving a document under Supreme Court Rule 204(a)(4) must file notice and proof of service on all remaining parties certifying that copies were provided at that party's expense or identifying parties who declined copies.

When a party receives a document under Supreme Court Rule 204(a)(4), that party shall file with the Clerk of the Court notice and proof of service upon all remaining parties certifying that copies of any such documents have been provided to those parties at their expense or that specified parties have declined copies.

Subpoenas must be served in accordance with the Supreme Court Rules.

B. Service of Subpoenas. Subpoenas issued pursuant to this rule shall be served in accordance with the Supreme Court Rules.

A copy of the subpoena and notice of service must be served on every party who has appeared within 48 hours after issuance.

A copy of said subpoena and notice of service shall be served within 48 hours of issuance upon all parties who have appeared in action.

Service

Mail

Mail service may be proved prima facie by prescribed delivery records, a supporting affidavit, and enclosed payment when delivery occurs at least 14 days before compliance is due.

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

Applies to

Report

Copies of each report must be delivered to the Juvenile Court Judge.

Copies of reports must be delivered to the Juvenile Court Judge.

Applies to

Small claims complaint and summons

Each defendant must be served with the complaint, Small Claims Summons, and any required written instrument by a method authorized by law, including certified or registered mail under Supreme Court Rule 284.

D. A copy of the complaint and Small Claims Summons (along with any written instrument required to be attached) shall be served upon each defendant by any of the methods allowed by law, including certified or registered mail in compliance with Supreme Court Rule 284.

Applies to

Written appearance

A defendant filing a written appearance must mail or otherwise deliver a copy to the opposing party.

You must mail or otherwise deliver to the opposing party a copy of your appearance.

Applies to

Notice of hearing

Service

Mail

Proof that the hearing notice was mailed must be included in the record.

Proof of mailing notice shall be made a part of the record.

Applies to

Notice of hearing

Service

Personal service

Personal service of the hearing notice must occur at least seven days before the hearing, while notice by U.S. Mail must be mailed at least ten days before the hearing.

Notice by personal service shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing.

Applies to

Notice of hearing and petition

Notice of the hearing and a copy of the contempt petition must be served on the obligor and returned through the procedure specified in Supreme Court Rule 105(b)(1) or by regular U.S. Mail to the obligor’s last known address, with proof of notice provided.

Upon the petition being filed, the court shall set a date for hearing and order counsel representing the obligee, or a pro se obligee, to give notice to the obligor and provide proof thereof. Notice of the hearing and a copy of the petition shall be served and returned in the manner provided in Supreme Court Rule 105(b)(1) or by regular U.S. Mail addressed to the obligor’s last known address.

Deadline

2 business days

Applies to

Financial affidavit

The financial affidavit must be served on the opposing party within two business days after the filing of the initial and responsive pleadings.

Said affidavit shall be served on the opposing party within two (2) business days of the filing of the initial and responsive pleadings.

Applies to

Parenting coordinator invoice

A copy of the parenting coordinator’s invoice must be sent to each coparent when the invoice is filed.

The parenting coordinator shall file with the court within 90 days of their appointment, and every subsequent 90-day period thereafter during the course of the parenting coordination, a detailed invoice for services rendered with a copy being sent to each coparent.

Deadline

30 calendar days

Applies to

Invoice objection

An objection to a parenting coordinator’s invoice must be served within 30 days after the invoice is filed.

Any objection(s) to an invoice must be filed and served within 30 days of the date of filing of the parenting coordinator’s invoice.

Applies to

Notice of appearance

A copy of the defense counsel's appearance must be served on the prosecuting attorney.

A copy of the appearance shall also be served upon the prosecuting attorney.

Applies to

Motion to withdraw

Service

Mail

Notice of a motion to withdraw must be sent to both the prosecuting attorney and defendant by certified mail, return receipt requested.

The attorney representing a defendant in any criminal proceeding shall not be granted leave of court to withdraw as counsel unless a written motion to withdraw is filed, and notice of motion is sent to the prosecuting attorney and the defendant by certified mail, return receipt requested, in compliance with the procedural rules and good cause is demonstrated to the court.

Deadline

48 hours

Applies to

Bail hearing

Unless the court orders otherwise, a bail hearing must provide the opposing party at least 48 hours' notice.

Bail Hearings brought pursuant to a written motion under 725 ILCS 5/110-1 et. seq. may be heard by the court to whom the case is assigned upon not less than 48 hours notice to the opposing party, unless otherwise ordered.

Applies to

Motion

Service

Personal service

When notice is made by personal service, the notice and motion must be delivered before 4:00 p.m. on the second day before the motion hearing.

C. If notice of filing is given by personal service, the notice and motion shall be delivered before 4:00 p.m. on the second day preceding the hearing of the motion.

Deadline

5 court days

Applies to

Motion

Service

Mail

If notice of filing is given by mail, the filer must deposit the notice and motion in the United States Post Office or a Post Office deposit box on the fifth (5th) day before the motion hearing, excluding Saturdays, Sundays and Holidays.

D. If notice of filing is given by mail, the notice and motion shall be deposited in the United States Post Office or Post Office deposit box on the fifth (5th) day preceding the hearing of the motion, excluding Saturdays, Sundays and Holidays.

Deadline

48 hours

Applies to

Motion

When notice is made by facsimile, the notice and motion must be transmitted at least 48 hours before the motion hearing, excluding weekends and holidays.

E. If notice of filing is given by facsimile transmission, the notice and motion must be transmitted not less than 48 hours preceding the hearing of the motion, excluding Saturdays, Sundays and Holidays.

Applies to

Discovery motion

Notice of a subpoena’s issuance must be given within 48 hours to all parties who have appeared in the action.

Notice of the issuance of the subpoena to produce specified documents, objects or tangible things shall be given within 48 hours of issuance to all parties having appeared in action.

Applies to

Discovery motion

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

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

Applies to

Discovery motion

For HIPAA-protected material, the requesting party must notify the holder of the privacy privilege of the subpoena’s issuance in accordance with subsection (E).

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 give notice of the issuance of the subpoena, in accordance with subsection (E), to the person who holds the privacy privilege of the documents, objects, or tangible things involved.

Applies to

Discovery motion

Service

Mail

Mail service of a subpoena may be proved prima facie by a qualifying return receipt and affidavit showing certified or registered delivery at least 14 days before compliance, restricted delivery, requested return receipt, delivery details, and enclosure of the fee and mileage payment.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing that 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.

Deadline

48 hours

Applies to

Subpoena

Service

Mail to all parties

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

A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of the said subpoena or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:

Documents whose service of process is required to confer jurisdiction may not be served electronically and must be served conventionally.

Therefore, regarding electronically filed cases, documents that require service of process to confer jurisdiction as a matter of law may not be served electronically but must be served in a conventional manner.

Service

Electronic service

Electronic service is complete at the vendor's posted transmission date and time, but for response-time calculations it is deemed served on the first court day after transmission and has the legal effect of personal service.

E-service shall be made 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 other 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 a valid and effective service on all parties. It shall have the same legal effect as the personal service of an original paper document.

Applies to

Documents in criminal cases

Unless service is waived, documents in criminal cases must be served on an unrepresented self-represented defendant as provided by governing rule or statute.

Service of documents in criminal cases to a Self-Represented Litigant defendant who is not represented by counsel shall, unless waived, be made as otherwise provided by rule or statute.

Applies to

Notice of motion

The requesting party must provide written notice of a motion hearing to all eligible parties who have appeared and are not in default or within an unexpired appearance period.

G. Notice of Hearing of Motions. Written notice of the hearing of all motions shall be given by the party requesting the hearing, to all parties who have appeared and who have not been found by the court in default for failure to appear or plead and to all parties whose time to appear has not expired as of the date of the notice.

Applies to

Notice of motion

Copies of all papers filed with the motion must be served with the notice of hearing, or the notice must state that they were previously served.

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

Applies to

Notice of motion

Notice of motion service must follow Supreme Court Rule 11, may be effected by fax when Rule 11(b)(4) permits, and requires proof of service compliant with Supreme Court Rule 12.

I. Manner of Service. Notice of Service shall be given in the manner and to the persons described in Supreme Court Rule 11. Service, as prescribed in Supreme Court Rule 11(b)(2), may be effected by service of the Notice of Motion and other pertinent documents through electronic facsimile transmission (FAX) if allowed pursuant to Supreme Court Rule 11(b)(4). Proof of service shall be in compliance with Supreme Court Rule 12.

Service

Personal service

For a motion heard without prior notice, the order must be served personally or by U.S. mail on nondefaulting parties, with proof of service filed within two days of the hearing.

If a motion is heard without prior notice under this rule, a copy of the orders entered at the hearing shall be served personally or by U.S. Mail 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 of the Court within two (2) days of the hearing thereon.

Applies to

Order

Service

Personal service to all parties

After an ex parte hearing where a respondent or other party fails to appear, orders must be personally served or sent by U.S. Mail to nondefaulting parties, with proof of service filed within two days of the hearing.

If a motion is heard without prior notice under this rule and any respondent or other party fails to appear, a copy of the orders entered at the hearing shall be served personally or by U.S. Mail upon all parties not therefore found by the court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.

Applies to

Order

The attorney who prepares an order must serve a copy on every party of record.

The preparer shall serve a copy of the order upon all parties of record.

Applies to

Extended media coverage request

Copies of the Extended Media Coverage request must be sent or served in a Supreme Court Rules-consistent manner to all listed participants by 4:00 p.m. on the first business day after filing.

Copies of the above-mentioned Request shall be sent or served in a manner consistent with Supreme Court Rules to the above participants no later than 4:00 p.m. the first business day following the filing of the Request and Notice forms.

Applies to

Witness notice of extended media coverage

A participating party must promptly serve each intended witness with the News Media request and notice of the witness’s objection right, then file proof of that service with the clerk.

Participating parties shall promptly notify any witness they are intending to call at trial or hearing of the witness’s right to object to Extended Media Coverage by serving upon such witnesses the “Request” form filed by the News Media and a written statement indicating the witness has a right to object. Parties shall file proof of service of such notice, pursuant to Supreme Court Rules, with the Clerk of the Court.

Applies to

Extended media coverage objection

A represented party or witness must serve notice of an objection on the listed courtroom participants and the requesting Media Coordinator or News Media by 4:00 p.m. on the first business day after filing.

Parties and witnesses represented by counsel shall give notice of any Objections made by them, in a manner consistent with Supreme Court Rules, to the persons listed as courtroom participants in (G)(2) above, and on the Media Coordinator or News Media making the “Request,” no later than 4:00 PM on the first business day following the filing of the objection.

Applies to

Extended media coverage objection

For an objection filed by an unrepresented party or witness, the clerk must provide it to the listed courtroom participants, and the Court Media Liaison must forward it to the requesting Media Coordinator or News Media representative.

The Clerk of the Circuit Court shall provide a copy of any Objection filed by parties or witnesses not represented by counsel to the courtroom participants listed in paragraph (G)(2) above. In such a case, the Court Media Liaison shall then forward a copy of any Objection filed by parties or witnesses without counsel to the Media Coordinator or News Media representative making the “Request.”

Any party or additional witness disclosed after an Extended Media Coverage order is granted must receive notice and an opportunity to object.

Every party added or additional witness disclosed after such an order is granted must receive a notice and have an opportunity to file an objection in the manner set forth herein.

A Citation to Discover Assets must be served like a summons or by certified or registered mail, return receipt requested, in conformity with the cited Supreme Court Rules.

Service of a Citation to Discover Assets shall be made in like manner as service of summons or by certified or registered mail return receipt requested in conformity with Supreme Court Rules 277(c) and 105(b) (1) (2).

Applies to

Rule to show cause

Before the court may issue a Rule to Show Cause, due notice must have been given to the respondent.

Upon the failure of a respondent to comply with a duly entered order of the court or failure to appear in response to a Citation to Discover Assets pursuant to Local Rule 15.03(c) or upon the filing of a verified Petition for a Rule to Show Cause or after hearing sworn testimony on an unverified Petition for a Rule to Show Cause, due notice having been given to the respondent, the court may issue a Rule which includes the date, time and location for the hearing.

Applies to

Copy of rule or order

A copy of any served rule or order and its return of service must be accompanied by the obtaining party's attorney certifying that the copy is true and correct.

The copy of a rule or order served upon any person and the return of service of same shall be accompanied by the certificate of the attorney for the party obtaining the rule or order that it is a true and correct copy of the rule or order entered.

Applies to

Satisfaction of judgment motion

Service

Mail

Notice of a motion to satisfy a money judgment and its supporting affidavit must be mailed to the judgment creditor and attorney of record at their last known addresses.

that notice of the motion and affidavit have been sent by mail to the judgment creditor and his attorney of record at their last known addresses.

Deadline

5 court days

Service

Mail

Copies of adoption reports must be delivered to the Juvenile Court Judge and each party or the party's attorney; mailed copies are timely if properly mailed no later than five court days before the hearing.

Copies of reports must be timely delivered to the Juvenile Court Judge and each party’s attorney (or each party if pro se). To the extent copies are sent by the United States Mail, they shall be considered “timely delivered” to the extent they are properly placed in the United States Mail by no later than five (5) court days prior to any such hearing.

Service

Mail

Without appearing personally, a subpoena recipient may comply by mailing complete and legible copies to the requesting party or attorney using first-class prepaid mail.

The recipient of the subpoena who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with a said subpoena, without personal appearance, by forwarding complete and legible copies by first class prepaid mail to the party or attorney causing the subpoena to have been issued.

Applies to

Letter

A transmittal letter should state only the fact of transmittal, and opposing counsel must be notified contemporaneously.

Any ===== PAGE 8 ===== transmittal letters should be limited to the fact of the transmittal only and opposing counsel shall be notified of the transmittal letter contemporaneously.

Service

Electronic service

Other documents may be served electronically on parties or their representatives, and the filing party or attorney is responsible for completing that service.

All other documents may be served upon the other parties or their representatives electronically. The filing party or attorney shall be responsible for completing the electronic service of these other documents.

Service

Electronic service

If electronic service does not occur, the party to be served is entitled, absent extraordinary circumstances, to an order extending the applicable response or performance period.

If electronic service on a party does not occur, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

Service

Electronic service

The e-filing vendor must maintain an e-service list for each electronically filed case and immediately update it when notified of new contact information.

The E-filing vendor is required to maintain an e-service list for each electronically filed case. The vendor shall immediately update the service list upon being given notice of new contact information.

Applies to

Documents in criminal cases

Service

Electronic service to opposing party

When electronic service is required by the clerk in a criminal case, the clerk may serve registered attorneys electronically and must record the service's effective date and time.

I. A means of electronic service on registered attorneys in criminal cases may be established as part of the e-filing system. When service is required by the clerk, the Clerk of the Court may serve electronically to the attorney and shall record in the official court record the effective date and time of service.

FAX delivery authenticated under Supreme Court Rule 12 is deemed personal service effective on the first court day following transmission.

Delivery by facsimile transmission (FAX), authenticated as set forth in Supreme Court Rule 12, shall be deemed personal service, but it is not effective until the first court day following transmission.

Service

Mail

When notice is mailed, it must be deposited five days before the motion hearing, excluding the hearing day.

If the Notice is given by mail, then Notice shall be deposited in the United States Post Office or Post Office Box on the 5th day preceding the hearing of the Motion, not counting the day of the hearing.

Applies to

Supporting or opposition writing

Supporting and opposing writings must be served on the opposing party when the motion notice is served, or as soon as practicable thereafter and before the hearing.

Any writing in support of or in opposition to a motion shall be served upon the opposing party at the time of service of notice of motion or, if not then available, as soon thereafter as practicable and prior to hearing on said motion.

Applies to

Order

Counsel must make every reasonable effort to notify opposing parties or counsel of the entry of each order at the earliest opportunity.

Counsel shall use every reasonable effort to notify opposing parties or counsel of entry of each Order at the earliest opportunity.

Applies to

Notice of default

Service

Mail

The clerk must mail each sealed notice-of-default envelope to its addressee as required by the rule.

The clerk shall mail the sealed envelopes to the person to whom they are· addressed as provided by the rule.

Applies to

Notice of hearing on account

Notice is not required for a person who has filed a receipt in full or who has appeared in writing and waived notice.

No notice need be given to any person from whom a receipt in full is filed with the court or who entered his appearance in writing and waives notice.

Service

Personal service

Discovery documents and notices of filing may be served personally, by U.S. Mail, or by facsimile transmission.

Discovery documents and notice of filing may be served personally or by U.S. Mail or by facsimile transmission.

Applies to

Notice of appeal or post judgment enforcement proceeding document

Service

Electronic service

Notices of appeal and documents in post-judgment enforcement proceedings may be served in accordance with Supreme Court Rules.

Any notice of appeal and post-judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.