Circuit Court of Monroe County, Illinois (24th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Motions require notice under Supreme Court Rule 11 and filed proof of service under Supreme Court Rule 12.

Notice of Motions shall be given in accordance with Supreme Court Rule 11 and proof of service filed in accordance with Supreme Court Rule 12.

CRITICAL

Deadline

5 business days

Applies to

Notice of hearing

Notice of a motion hearing generally must be served at least five business days before the hearing, with service completion determined by the stated 4:00 p.m. cutoff and method-specific conditions.

Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than five (5) business days preceding the hearing, unless otherwise authorized by law or other local rule herein. If a notice of hearing is delivered before 4:00 p.m. by either personal service, e-mail or fax (with verification the other party has received said e-mail or fax), or by leaving it in the office notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery.

CRITICAL

Applies to

Notice of hearing

When a motion is heard without prior notice, the attorney seeking the order must serve written notice with the specified information on parties not in default and file proof of service 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 the 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 seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.

CRITICAL

Applies to

Discovery request

In civil matters, discovery requests must be served on the parties to whom they are directed, and a copy must not be filed with the Clerk.

In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed. A copy of the request shall not be filed with the Clerk of the Court.

CRITICAL

Applies to

Letter

An attorney who submits a letter to the mediator about the case’s legal status, court orders, and unresolved issues must provide a copy to opposing counsel or the opposing party.

Each attorney may submit a letter to the mediator providing information with regard to the legal status of the case, including temporary or permanent orders which have been entered by the court and a statement of the unresolved legal issues. The attorney shall provide a copy of such letter to the opposing counsel or party.

CRITICAL

Service

Mail

The clerk must mail the account-due notice and the hearing date and time to estate counsel or, if there is no counsel, to the representative.

The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.

CRITICAL

Service

Mail

When a Rule to Show Cause issues, the clerk must mail notice of the contempt proceeding and its return date to all interested persons, including unpaid creditors.

At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

Notice of an account hearing must be given to any ward, qualifying claimant, and other interested persons unless the person entitled to notice waives it.

Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains undetermined or unpaid (if any), and to all other interested persons (as defined by Section 1-2.11 of the Illinois Probate Act, if any).

CRITICAL

Notice of an account hearing must be given and served in accordance with Illinois Supreme Court Rules 11 and 12.

The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.

CRITICAL

Applies to

Remote appearance request

The opposing party must receive notice of a formal remote-appearance request.

A formal request for remote appearance must be made in writing five (5) working days before the scheduled hearing with notice to the opposing party.

CRITICAL

Applies to

Motion

An objection to a scheduled remote hearing must be made by a timely filed motion properly noticed for hearing.

Once scheduled, any objection to proceeding by way of remote hearing shall be made by a timely filed motion properly noticed for hearing.

CRITICAL

Notice of motions must be given under Supreme Court Rule 11, and proof of service must be filed under Supreme Court Rule 12.

(a) Notice Required. Notice of Motions shall be given in accordance with Supreme Court Rule 11 and proof of service filed in accordance with Supreme Court Rule 12.

CRITICAL

Deadline

5 business days

Notice of a motion hearing generally must be served at least five business days before the hearing, with service completion determined by the delivery time and method stated in the rule.

(c) Time of Notice. Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than five (5) business days preceding the hearing, unless otherwise authorized by law or other local rule herein. If a notice of hearing is delivered before 4:00 p.m. by either personal service, e-mail or fax (with verification the other party has received said e-mail or fax), or by leaving it in the office of a party's attorney or at an unrepresented party's residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery.

CRITICAL

Deadline

10 business days

Applies to

Dispositive motion

Dispositive motions must allow the opposing party an opportunity to reply and cannot be heard within ten business days after service of notice and proof of service.

(d) Dispositive Motions. Proceedings under Sections 2-1005, 2-619 and 2-301(b) of the Code of Civil Procedure shall be in compliance with Supreme Court Rule 191 and 192. Dispositive Motions shall not be scheduled for hearing without the opportunity of the opposing party to reply. In no event shall any dispositive motion be heard within ten (10) business days of service of notice and proof of service as provided in Supreme Court Rules 11 and 12.

CRITICAL

After a motion is heard without prior notice, the attorney seeking the order must serve written notice under Supreme Court Rule 11 on parties not in default and file proof of service with the clerk within two days after the hearing.

(c) Notice After 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 the 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 seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; 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

Discovery requests must be served on the parties to whom they are directed.

In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed.

CRITICAL

An attorney who submits a letter to the mediator must provide a copy to opposing counsel or the opposing party.

The attorney shall provide a copy of such letter to the opposing counsel or party.

CRITICAL

Service

Mail

If an account is overdue, the Clerk must mail the attorneys of record—or, if there are none, the representative—a notice that the account is due and notice of the hearing date and time.

(1) The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.

CRITICAL

Service

Mail to all parties

When a Rule to Show Cause issues, the Clerk must mail notice of the contempt proceeding and its return date to all interested persons, including unpaid creditors.

(4) At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

Applies to

Notice of hearing

A hearing notice must be given and served in accordance with Supreme Court Rules 11 and 12.

(3) The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.

CRITICAL

Deadline

1 court days

The requesting news media, or the media coordinator when multiple requests are filed, must send the prescribed notice and request copies to the listed recipients by 4:00 p.m. on the first court day after filing; failure to notify counsel and unrepresented parties may result in denial.

Using the form Notice of Filing of Request for Extended Media Coverage attached hereto as Exhibit 2, the news media who requests coverage or, if more than one request is filed, the media coordinator shall provide written notice of filing and a copy of the Request(s) for Extended Media Coverage to the following persons: 1. Attorneys of Record; 2. Parties appearing without counsel; 3. Trial Court Administrator for the Twenty-Fourth Judicial Circuit; and 4. Judge presiding over the case for which extended media coverage is sought. The form Notice of Filing of Request for Extended Media Coverage and Request for Extended Media Coverage shall be transmitted no later than 4:00 p.m. the first court day following filing to the above-named parties. Failure to provide notice to all counsel of record and to parties appearing without counsel may result in denial of the request for extended media coverage.

CRITICAL

Parties must notify each witness they intend to call of the witness's right to object to extended media coverage.

Parties shall notify any witness they are intending to call at trial or hearing of the witness's right to object to extended media coverage.

CRITICAL

A party filing an objection must serve it on the listed persons and media coordinator or news media using the attached Exhibit 4 notice form.

Any party filing an Objection to Extended Media Coverage shall serve the objection filed on the persons listed in 1.3(b) above and to the media coordinator or news media using the form Notice of Filing of Objection to Extended Media Coverage attached hereto as Exhibit 4.

CRITICAL

When a witness files an objection, the Circuit Clerk must serve it on the listed persons and the media coordinator or news media.

If a witness files an Objection to Extended Media Coverage, the Circuit Clerk shall serve the objection on the persons listed in 1.3(b) above and to the media coordinator or news media.

CRITICAL

Deadline

1 court days

Transmit notice of an objection to the Judge and Trial Court Administrator on the filing date, and to the other listed persons by 4:00 p.m. on the first court day after filing.

Notice of any objection shall be transmitted to the Judge and to the Trial Court Administrator on the date of filing, and to the other persons listed in 1.3(b) above no later than 4:00 p.m. on the first court day following the filing of the objection.

CRITICAL

If an extended media request is granted, later-added parties and newly disclosed witnesses must receive notice and an opportunity to object.

If granted, the duration of the permitted extended media request is within the Court's discretion, except that every party added or additional witnesses disclosed after such an order is granted must receive notice and have an opportunity to file an objection in the matter set forth herein.

CRITICAL

An attorney who sends a case-status letter to the mediator must provide a copy to opposing counsel or the opposing party.

The attorney shall provide a copy of such letter to the opposing counsel or party.

CRITICAL

The notice of hearing must be given and served in accordance with Illinois Supreme Court Rules 11 and 12.

(3) The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.

CRITICAL

Motions require notice under Supreme Court Rule 11, and proof of service must be filed under Supreme Court Rule 12.

Notice of Motions shall be given in accordance with Supreme Court Rule 11 and proof of service filed in accordance with Supreme Court Rule 12.

CRITICAL

Deadline

5 business days

Applies to

Notice of hearing

Except where law or another local rule provides otherwise, notice of a motion hearing must be served at least five business days before the hearing.

Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than five (5) business days preceding the hearing, unless otherwise authorized by law or other local rule herein.

CRITICAL

Applies to

Notice of hearing

Notice delivered before 4:00 p.m. by the specified methods is complete that day; notice delivered at or after 4:00 p.m. is complete on the first following court day.

If a notice of hearing is delivered before 4:00 p.m. by either personal service, e-mail or fax (with verification the other party has received said e-mail or fax), or by leaving it in the office of a party's attorney or at an unrepresented party's residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery.

CRITICAL

Deadline

10 business days

A dispositive motion may not be heard until at least ten business days after service of notice and proof of service.

In no event shall any dispositive motion be heard within ten (10) business days of service of notice and proof of service as provided in Supreme Court Rules 11 and 12.

CRITICAL

After a motion is heard without prior notice, the moving attorney must serve specified written notice on parties not in default and file proof of service 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 the 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 seeking the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing.

CRITICAL

In civil matters, an original discovery request must be served on the party or parties to whom it is directed.

In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed.

WARNING

The opposing party must receive notice of a formal remote-appearance request.

A formal request for remote appearance must be made in writing five (5) working days before the scheduled hearing with notice to the opposing party.

WARNING

For a dormant estate set for a status call, the Clerk may be directed to notify the attorney of record, the personal representative, or both, at their last known address.

Whenever the Court determines that there has been no activity in an estate for a period of not less than one (1) year, the Court may set the estate for status call and direct the Clerk to give notice of the time, date and place to the attorney of record, the personal representative, or both, at their last known address.

WARNING

Notice of the hearing on any account intended to be binding pursuant to Section 24-2 or Section 24-11 of the Illinois Probate Act shall be provided as follows: (1) Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains

Notice of the hearing on any account intended to be binding pursuant to Section 24-2 or Section 24-11 of the Illinois Probate Act shall be provided as follows: (1) Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains

WARNING

A copy of the notice is provided to counsel of record, parties appearing without counsel, the Trial Court Administrator, and the presiding judge.

5. A copy of this notice is being provided by the undersigned to all counsel of record, parties appearing without counsel, the Trial Court Administrator, and the Judge presiding over the above proceeding.

WARNING

Service

Mail

The clerk must mail the attorneys of record, or the representative if there are no attorneys, notice that the account is due and notice of the hearing date and time.

The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.

WARNING

Service

Mail to all parties

When issuing a Rule to Show Cause, the clerk must mail notice of the contempt proceeding and its return date to all persons interested in the estate, including unpaid creditors.

At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

WARNING

For an estate with no activity for at least one year, the Court may direct the Clerk to notify the attorney of record, the personal representative, or both, at their last known address of a status call's time, date, and place.

Whenever the Court determines that there has been no activity in an estate for a period of not less than one (1) year, the Court may set the estate for status call and direct the Clerk to give notice of the time, date and place to the attorney of record, the personal representative, or both, at their last known address.

WARNING

Notice of the hearing on any account intended to be binding pursuant to Section 24-2 or Section 24-11 of the Illinois Probate Act shall be provided as follows: (1) Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains

Notice of the hearing on any account intended to be binding pursuant to Section 24-2 or Section 24-11 of the Illinois Probate Act shall be provided as follows: (1) Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains