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

CRITICALCivil cases

The parties must provide the mediator with a copy of the order appointing the mediator.

The parties shall provide a copy of the order to the mediator.

CRITICAL

Service

Court service to all parties

The Clerk must serve notice of the award on all parties who have 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 parties must provide the Court Administrator with a copy of the order appointing the mediator.

The parties shall provide a copy of the order to the Court Administrator.

CRITICAL

Applies to

Hearing notice

Service

Mail

If the Court directs, the Clerk or petitioner's attorney may mail notice to the respondent's last known address, and proof of mailing must be placed in the record.

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. If notice is made by regular U.S. Mail, proof of mailing notice shall be made part of the record.

CRITICAL

Applies to

Notice of hearing

The Notice of Hearing must be served before a party approaches a judge for action, except for agreed orders and actions permitted ex parte.

A complete and accurate written Notice of Hearing must be filed and served prior to approaching a judge for action on a case, except for agreed orders and/or for actions in which the law permits ex parte action.

CRITICAL

Hearing notice may be given by personal delivery, mail, email, or facsimile, following 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

Applies to

Expert witness notice

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

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).

CRITICALCivil cases

Notice of the hearing on a motion to defer 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.

CRITICAL

Applies to

Hearing notice

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

Deadline

4 court days

Required pre-trial documents must be served at least four court days before the conference.

In actions in which a pre-trial conference is ordered, 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 at least four court days prior to the conference.

CRITICAL

Applies to

Hearing notice and petition

Service

Personal service

Notice by personal service must be served at least seven days before the hearing.

Notice by personal service shall be served not less than seven days prior to the hearing

CRITICAL

The Notice of Hearing must be served before a party approaches a judge for action, except for agreed orders or actions where the law permits ex parte action; a failure to respond to a pending motion does not waive service.

A complete and accurate written Notice of Hearing must be filed and served in all case types prior to approaching a judge for action on a case, except for agreed orders and/or for actions in which the law permits ex parte action. A party’s failure to respond to a pending motion does not waive the requirement to send a Notice of Hearing.

CRITICAL

The party requesting a hearing must give written notice to appeared parties who are not in default and to parties whose time to appear has not expired, unless the Court excuses notice.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing to all parties who have appeared and have not theretofore 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.

CRITICALCivil cases

Deadline

3 court days

The document may be served through a third-party commercial carrier or courier at least three court days before the hearing, with the delivery charge prepaid.

□ By delivering it – at least 3 court days prior to hearing - to a third-party commercial carrier or courier with proper delivery charge prepaid at _____________________ (insert city & state in which you gave it to a third-party commercial carrier or courier.)

CRITICALCivil cases

Deadline

1 court days

Service

Email

The document may be served by email at least one court day before the hearing.

□ Email (at least one court day prior to the hearing) transmitted by _____________________________________ (insert name of person sending email.)

CRITICAL

Applies to

Financial affidavit amendment

Amendments to an inaccurate previously filed financial affidavit must be served.

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

CRITICAL

For a motion heard without prior notice, the attorney obtaining the order must serve the required written notice on parties not in default in accordance with Supreme Court Rule 11.

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. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Service

Mail

When notice is sent by regular U.S. Mail, proof of mailing must be included in the record.

If notice is made by regular U.S. Mail, proof of mailing notice shall be made part of the record.

CRITICAL

Applies to

Hearing notice and petition

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)

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)

CRITICAL

The party requesting a hearing must give written notice of all motions to the specified parties unless the Court excuses notice.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing to all parties who have appeared and have not theretofore 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

Service

Personal service

Notice by personal service must be served at least seven days before the hearing.

Notice by personal service shall be served not less than seven (7) days prior to the hearing

WARNING

Applies to

Notice of hearing

If the opposing party does not respond or cooperate in scheduling, the Walk-In Hearing may be set and the Notice of Hearing served on that party.

If the opposing party is non-responsive or refuses to cooperate in the scheduling process, the Walk-In Hearing may be set and the Notice of Hearing served upon the opposing party.

WARNINGCivil cases

An attorney may use the 9:00–9:30 a.m. walk-in to open an intestate estate only if proper notices have been served or waivers have been filed.

An attorney may appear before the Supervising Probate Judge in Courtroom 402 during walk-in (9:00 – 9:30 a.m.) to open an intestate estate, provided proper notices have been served or waivers have been filed.

WARNING

If a defendant has not been served within 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

Applies to

Order

The parties must provide the Court Administrator with a copy of the order.

The parties shall provide a copy of the order to the Court Administrator.

WARNING

Service

Mail

Matters subject to dismissal may be dismissed and stricken after 14 days’ notice by mail.

All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days’ notice by mail.

WARNING

A party may offer the specified documents without foundation or other proof if every other party receives at least 30 days’ written notice and a copy of the document.

If at least thirty (30) days written notice of the intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:

WARNING

A party may offer the specified documents without foundation or other proof after giving every other party at least 30 days’ written notice and a copy of the document.

If at least thirty (30) days written notice of the intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:

WARNING

Service

Mail

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first-class postage thereon and depositing it in the United States Mail not less than twenty-one (21) days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first-class postage thereon and depositing it in the United States Mail not less than twenty-one (21) days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.

WARNING

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

Applies to

Order

The parties must provide the mediator with a copy of the order.

The parties shall provide a copy of the order to the mediator.

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

The Court may hear emergency or legally ex parte motions without calling them for hearing, and emergency motions are to receive precedence so far as possible.

Emergency motions and motions which by law may be made ex parte may, in the discretion of the Court, be heard without calling the motion for hearing. Emergency motions shall, so far as possible, be given precedence.

WARNING

Service

Mail

A matter subject to dismissal under this rule may be dismissed and stricken after 14 days’ notice by mail.

All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days notice by mail.

INFO

Service

Mail

The committee chairman may direct the Circuit Clerk to mail hearing notice and a copy of the petition to other appropriate persons at least 21 days before the hearing, using prepaid first-class postage.

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first-class postage thereon and depositing it in the United States Mail not less than twenty-one (21) days prior to the hearing.