14th Judicial Circuit Court, Mercer County, Illinois Service and Proof of Service Rules

CRITICAL

Notice that additional relief is sought must be given in accordance with Supreme Court Rule 11.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

CRITICAL

Unless the assigned judge orders otherwise, the petitioner must serve the completed portion of the Rule 9(d) documents so the respondent receives it at least six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

CRITICAL

Copies of motions in limine and responses must be served on opposing counsel or an unrepresented party no later than seven days before the final pre-trial conference.

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

CRITICAL

Service

Mail

Notice by U.S. Mail must be mailed at least ten days before the hearing.

notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing.

CRITICAL

Deadline

3 court days

The respondent must serve the completed portion of the documents so the petitioner receives it no later than three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

CRITICAL

Hearing notice, whether delivered personally, by mail, email, or facsimile, must follow Supreme Court Rule 11 as to manner and recipients.

Notice (whether personal delivery, mail, email, or facsimile) shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date, then on the same day hand deliver a file stamped paper courtesy copy to the judge and to respondent via email, facsimile or hand delivery.

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date, then on the same day hand deliver a file stamped paper courtesy copy to the judge and to respondent via email, facsimile or hand delivery.

CRITICAL

Applies to

Notice of hearing

A complete and accurate Notice of Hearing must be filed and served in all cases.

A complete and accurate Notice of Hearing must be filed and served in all cases.

CRITICAL

If all parties appear on the summons return date, the court must assign the earliest available arbitration hearing date and provide at least 60 days’ written notice to the parties or their attorneys.

Upon the return date of the summons and the court finding that all parties have appeared the court shall assign an arbitration hearing date on the earliest available date thereafter, provided that not less than sixty (60) days written notice be given to the parties or their attorneys of record.

CRITICALCivil cases

The parties must exchange the statement addressing the specified Supreme Court Rule 218 factors by the initial case management conference.

The parties shall file and exchange no later than the initial case management conference as statement addressing those factors enumerated in Supreme Court Rule 218(a) (1) through (10).

CRITICAL

If the petition supports the charge, the court must set a hearing and order notice to the respondent.

If the Court finds that the petition sets forth allegations which support the charge, it shall set the matter for hearing and order notice to be given the respondent.

CRITICAL

Deadline

4 court days

Service

Mail

Notice given by mail must be deposited in a United States Post Office or Post Office Box on the fourth court day before the motion hearing.

If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

CRITICAL

Deadline

1 court days

Unless otherwise provided, personal-service, facsimile, or email hearing notice must be delivered at least one court day before the hearing.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion.

CRITICALCivil cases

Deadline

4 court days

Service

Mail

The document may be served by U.S. mail deposited at least four court days before the hearing, with proper postage prepaid.

□ By depositing it – at least 4 court days prior to hearing - in the U.S. mail with proper postage prepaid at _____________________ (insert city & state where you deposited it in the U.S. Mail.)

CRITICAL

The committee chairman must arrange for summons and a copy of the petition to be served on the county-board chairman and each board member at least 21 days before the hearing.

The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than twenty- one (21) days prior to the hearing.

CRITICAL

A hearing-date change motion and its hearing notice must be served on other parties, including pro se parties, in the same manner as other motions, and also on the Arbitration Administrator.

Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same matter as other motions and a copy of the motion and notice of time of hearing thereon on the calendar of the Supervising Judge for Arbitration, and shall likewise be served upon the Arbitration Administrator.

CRITICAL

A party intending to use expert opinion or testimony must provide every other party written notice at least 30 days before the hearing.

(d) Opinions of Expert Witnesses. A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than thirty (30) days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert's qualifications, the subject matter, the basis of the expert's conclusions, and the expert's opinion as well as any other information required by Rule 222(d)(6).

CRITICAL

Applies to

735 ilcs 5 2 1401 action

For the specified 735 ILCS 5/2-1401 filings made more than 30 days after the listed final orders, service must be made on the party rather than a prior attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/5131, or a final order of maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

CRITICAL

The respondent must be served with notice of the hearing and a copy of the petition, and the service must be made of record as specified in Rule 21.3(c).

Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3(c) of these rules.

CRITICAL

The motion and hearing notice must be served on other parties’ counsel and pro se parties in the same manner as other motions, placed on the Supervising Judge for Arbitration’s calendar, and served on the Arbitration Administrator.

Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same matter as other motions and a copy of the motion and notice of time of hearing thereon on the calendar of the Supervising Judge for Arbitration, and shall likewise be served upon the Arbitration Administrator.

CRITICAL

The plaintiff must provide the ADR Center a copy of the order within seven days.

The plaintiff shall provide a copy of this order to the ADR Center, 1617 2nd Avenue, Suite 100, Rock Island, Illinois, 61201, phone 309-794- 3605, fax 309-794-3607, witl1in 7 days.

CRITICAL

The parties must exchange the statement no later than the initial case management conference.

The parties shall file and exchange no later than the initial case management conference as statement addressing those factors enumerated in Supreme Court Rule 218(a) (1) through (10).

CRITICAL

A complete and accurate Notice of Hearing must be filed and served in all cases.

A complete and accurate Notice of Hearing must be filed and served in all cases.

CRITICALCivil cases

Applies to

735 ILCS 5 2-1401 modification rule or action

For the specified 2-1401 filings made more than 30 days after the listed final orders, service must be made on the party rather than a prior attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/513I, or a final order of maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

CRITICAL

Service

Court service to all parties

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.

CRITICALCivil cases

Deadline

3 court days

Applies to

Pre trial memorandum

The respondent must serve the respondent’s completed portion on the petitioner so the petitioner receives it at least three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

CRITICALCivil cases

Deadline

6 court days

Unless the judge orders otherwise, the petitioner must serve the petitioner’s completed portion of the required documents so the respondent receives it at least six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

CRITICAL

Applies to

Motions in limine and responses

All motions in Iimine and responses to motions in Iimine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

All motions in Iimine and responses to motions in Iimine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

CRITICAL

The committee chair must arrange service of the summons and petition on the county board chair and every board member at least 21 days before the hearing.

The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than twenty-one (21) days prior to the hearing.

CRITICAL

Applies to

Notice of hearing

Notice of the hearing on the motion must be given to all attorneys of record and all unrepresented parties.

Notice of hearing on this motion shall be given to all attorneys of record and to all parties not represented by an attorney.

CRITICAL

Applies to

Hearing notice

Hearing notice 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 mediation who has been appointed.

CRITICALCivil cases

Applies to

Pre trial memorandum

The petitioner must serve the petitioner’s completed portion on the respondent so the respondent receives it at least six court days before trial, unless the judge orders otherwise.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

CRITICALCivil cases

Deadline

1 court days

Service

Personal service

The document may be served by hand delivery to a person, office, or residential address at least one court day before the hearing.

□ Hand Delivery to person, office, or residential delivery - at least one court day prior to the hearing - delivered by _______________________________ (insert name of person who made delivery) to _________________________________________________ (insert time and location of delivery.)

CRITICAL

The respondent must be served with notice of the hearing and a copy of the petition, and the service must be made of record as specified in Rule 21.3(c).

Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3{c) of these rules.

CRITICAL

Deadline

4 court days

Service

Mail

Mail hearing notice must be deposited with the United States Postal Service on the fourth court day before the hearing.

If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

CRITICAL

Applies to

Pre trial documents

Attorneys and unrepresented litigants must serve the required pre-trial documents.

the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court

CRITICAL

The party scheduling a telephone conference must serve and file a hearing notice as in other matters unless the parties waive notice, and must initiate and pay for the call unless the parties agree otherwise or the Court orders otherwise.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties, and that party shall initiate and pay for the call unless otherwise agreed between the parties or ordered by the Court.

CRITICALCivil cases

Amendments to an inaccurate financial affidavit must also be served.

If the financial affidavit previously filed is no longer accurate, amendments shall be timely filed and served.

CRITICAL

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

The hearing notice and petition must be served and returned under Supreme Court Rule 105(b); if the court directs, the clerk or petitioner's attorney may instead mail notice to the respondent's last known address.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or returned in the manner as provided in Supreme Court Rule 105(b) or, if the Court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, postage prepaid, to the respondent's last known address.

CRITICALCivil cases

Service

Court service

The Clerk of the Court must send a copy of an order of dismissal or default within five days after it is entered.

The Clerk of the Court shall send a copy of the order of dismissal/default within five days of entry.

CRITICAL

Applies to

Proposed jury instructions

Each side must exchange its proposed jury instructions with opposing counsel.

Proposed jury instructions shall be presented by each side to the Court at this pre-trial conference and exchanged with opposing counsel.

CRITICAL

Applies to

Hearing notice

Service

Mail

Notice by U.S. Mail must be mailed at least ten days before the hearing.

notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing.

CRITICAL

Deadline

1 court days

Unless otherwise provided, notice delivered personally, by facsimile, or by email must be delivered at least one court day before the motion hearing.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion.

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 those papers 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

Applies to

Notice of hearing

The attorney obtaining an order after a hearing without prior notice must serve the written hearing notice on the specified parties and file proof of service with the clerk within two days after the hearing.

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 judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead and proof of service thereon shall be filed with the clerk within two days after the hearing.

CRITICALCivil cases

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date, then on the same day hand deliver a file stamped paper courtesy copy to the judge and to respondent via email, facsimile or hand delivery.

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date, then on the same day hand deliver a file stamped paper courtesy copy to the judge and to respondent via email, facsimile or hand delivery.

CRITICAL

Applies to

Notice of hearing

The scheduling party must serve and file a hearing notice unless the parties waive notice, and must initiate and pay for the call unless the parties agree otherwise or the Court orders otherwise.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties, and that party shall initiate and pay for the call unless otherwise agreed between the parties or ordered by the Court.

CRITICAL

The Clerk of the Court must send a copy of an order of dismissal or default within five days after entry.

When the plaintiff/counter-plaintiff fails to appear at a required Supreme Court Rule 218 conference, the case may be subject to summary dismissal. When the defendant/counter-defendant fails to appear at a required Supreme Court Rule 218 conference, the case may be subject to a default judgment. The Clerk of the Court shall send a copy of the order of dismissal/default within five days of entry.

CRITICALCivil cases

Deadline

3 court days

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.