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

CRITICAL

Deadline

2 court days

Applies to

Motion

A motion generally may not be scheduled for hearing until at least two court days after service becomes effective, unless the Court allows otherwise.

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

Counsel responsible for the case must certify proof of service on the party to whom the material is directed.

Proof of service on the party to whom the material is directed shall be made by certification of counsel responsible for the case.

CRITICAL

Service

Electronic service

For computing a party's response time, an electronically served document is deemed served on the first court day after transmission.

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.

CRITICAL

Applies to

Subpoena

For subpoenaed materials protected by HIPAA privacy rules, the requesting party must give the privilege holder notice of issuance and a copy of the subpoena 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

Service

Electronic service

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.

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.

CRITICAL

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

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 party requesting a motion hearing must give written notice of the hearing to all other parties.

Written notice of the hearing of all motions shall be given by the party requesting the hearing to all other parties.

CRITICAL

Original discovery requests must be served on the party or parties to whom they are directed.

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.

CRITICAL

Service

Mail

Mail service of a subpoena may be shown prima facie with the specified return receipt and affidavit, including proof of certified or registered delivery 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/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

Applies to

Notice of hearing

The subpoena requester must secure a return date with the presiding judge and serve all parties with a notice of hearing stating that date.

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

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

The hearing notice 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

Service

Mail to all parties

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

A subpoena issued under this Rule seeking specified documents, objects or tangible things shall bear the following legend on the face of the subpoena, or conspicuously attached thereto, 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 award

The Clerk must serve notice of the award on every 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

For a motion heard without prior notice, the party obtaining the order must serve notice on parties not in default under Supreme Court Rule 11 and file proof of service with the clerk.

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

Applies to

Affidavit of income and expenses

The affidavit of income and expenses must be prepared with proof of service under Supreme Court Rule 11, unless the court directs otherwise for good cause.

1. Affidavit of Income and Expenses. In all proceedings involving petitions for attorney's fees, court costs, maintenance, support and/or parenting responsibilities and parenting time for/with children and modification of any previous orders relating thereto, the parties shall prepare an affidavit of income and expenses with proof of service pursuant to Supreme Court Rule 11, unless for good cause shown the court otherwise directs.

CRITICAL

Counsel must certify discovery-request service, briefly describe the request, and provide proof of service.

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

Subpoena

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

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

CRITICAL

The motion to advance or postpone an arbitration hearing and its hearing notice must be served on all other parties in the same manner as other motions.

Such motion and notice of hearing thereon shall be served upon all other parties in the same manner as other motions

CRITICAL

Applies to

Order

An order presented for entry must demonstrate proof of service on all opposing parties under 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

Applies to

Motion

Notice for motions other than those made within a court day of trial must follow Supreme Court Rule 11.

Notice for all other motions shall be given in the manner described in Supreme Court Rule 11.

CRITICAL

Deadline

3 business days

The request must be sent to the other party at least three business days before the proceeding, and the other party may object in writing; the Court decides whether to grant a request when an in-person appearance is otherwise required.

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. The other party or attorney may make written objection to the Court of said request. It is within the discretion of the Court whether to grant any request where an in-person appearance is otherwise required.

CRITICAL

Service

Electronic service to all parties

Other documents may be served electronically, 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 electronic service.

CRITICAL

A copy of the motion and hearing notice must also be served on the Administrative Assistant for Arbitration.

a copy of the motion and notice of time of hearing thereon shall likewise be served upon the Administrative Assistant for Arbitration.

WARNING

Applies to

Motion

Notice of a motion made within a court day of trial must be given as the Court directs.

Notice of motion made within a court day of trial shall be given as directed by the Court.

WARNING

A party may make a stenographic record at its own expense; if the record is transcribed, all parties must be notified and a copy must be furnished to a requesting party upon payment of a proportionate share of the recording 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.

WARNING

If a defendant remains unserved 90 days after filing, the Court may dismiss the case as to that 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.

WARNING

Service

Mail to court

YOU MAY ALSO COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE RETURN DATE TO THE PRESIDING JUDGE AT THE ADDRESS NOTED IN THE SUBPOENA.

YOU MAY ALSO COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE RETURN DATE TO THE PRESIDING JUDGE AT THE ADDRESS NOTED IN THE SUBPOENA.

INFO

Service

Mail

The Adult Probation Department in each county is authorized to send the defendant's attorney a copy of the pre-sentence report by prepaid regular mail, taking the statutory schedule into account.

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.