15th Judicial Circuit Court, Ogle County, Illinois Service and Proof of Service Rules

CRITICAL

File proof of mailing or delivery, or a waiver, with the Clerk within 10 days after filing the claim.

The claimant shall file with the Clerk proof of mailing or delivery of the claim, or a waiver thereof, within 10 days after filing the claim.

CRITICAL

Applies to

Notice of hearing

Unless the Court allows otherwise, when an attorney or SRL has made the good-faith scheduling effort but an opposing party has not cooperated, hearing notice must be served at least three days before the hearing.

Unless otherwise allowed by the Court, if an attorney or SRL has made this good-faith effort but an opposing party has not cooperated in determining a mutually agreeable time and date, notice of the hearing must be served at least three days before the hearing.

CRITICAL

Applies to

Motion

The party must serve a copy of the motion with the hearing notice or state that the motion was served previously.

The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Deadline

48 hours

Serve all parties with a copy of the subpoena and proof of service within 48 hours after issuance.

A copy of the subpoena and proof of service shall be served on all parties within 48 hours of issuance.

CRITICAL

Notice of the specified guardian accounts must be given to the ward, claimants with filed and unresolved or unpaid claims, and other persons entitled to notice.

On an account of a guardian or guardian to collect: to the ward; to each claimant whose claim is filed and remains undetermined or unpaid; and to other persons entitled to notice.

CRITICAL

Notice of the objection must be given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Service

Mail

On dismissal, the Clerk must mail notice to the personal representative and attorney of record stating that the case may be reinstated for good cause within 30 days after the notice date.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

Service

Personal service

A rule to show cause must be personally served on the respondent at least five days before the hearing, unless the Court orders otherwise.

A rule to show cause shall be personally served on the respondent unless otherwise ordered by the Court. Unless otherwise ordered by the Court, a rule to show cause shall be served on the respondent not less than five days before the hearing.

CRITICAL

Applies to

Notice of hearing

Motion-hearing notice must be given using the manner and to the persons described in Supreme Court Rule 11.

Notice shall be given in the manner and to the persons described in S. Ct. R 11.

CRITICAL

Applies to

Notice of hearing

Except during trial, written notice of a motion hearing must be given to parties who have appeared and are not in default, and to parties whose time to appear has not expired when notice is given.

Except during trial, written notice of the hearing of a motion shall be given to all parties who have appeared and have not been found by the Court to be in default and to all parties whose time to appear has not expired on the date of notice.

CRITICAL

Service

Mail

The claimant must receive notice of the contested-claim hearing by regular mail at least 10 days before the hearing.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Serve fee petitions, reports, or accounts and hearing notices on all listed interested persons under Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Service

Electronic service

E-service must comply with Supreme Court Rules 11 and 12, is complete at the Vendor-posted transmission time, and is effective on parties registered to receive it.

E-service shall be made in accordance with Supreme Court Rules 11 and 12 and shall be deemed complete at the posted date and time of transmission listed by the Vendor. The E-service of a pleading or other document shall be considered valid and effective service on all parties that are registered to receive E-service and shall have the same legal effect as personal service of an original paper document.

CRITICAL

The hearing notice and petition must be served under S. Ct. R. 105(b), but the Court may allow the Clerk or petitioner’s attorney to give notice by regular mail 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 S. Ct. R. 105(b) or, if the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address.

CRITICAL

Service

Mail

If the person’s address is outside the United States or Canada, notice must be sent at least 14 days before the hearing.

except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing;

CRITICAL

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

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

CRITICAL

Applies to

Written objection

When filing a written objection, the objector must also notify the requestor, the court media liaison, counsel of record, and unrepresented parties.

At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

If the conference date and time are provided in a separate Clerk-completed document, that document must be delivered to the plaintiff and served with the summons on all defendants.

The time and date of the initial case management conference shall be affixed to the original pleading and on all copies served on or retained by the parties or indicated in a separate document completed by the Clerk to be delivered to the plaintiff and to be served with the summons on all defendants.

CRITICAL

Applies to

Written petition report or account requesting fees

Written fee petitions, reports, or accounts must be served on the specified interested persons and unsatisfied creditors with notice of the hearing’s time, date, and place, in accordance with Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

The objection form represents that proper notice has been given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.

4. Proper notice has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Applies to

Written appearance

An attorney must serve copies of the written appearance as required for service of pleadings.

The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.

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 days before the hearing,

CRITICAL

A party ordered to disclose discovery materials must provide copies or arrange a meeting to exhibit them to the opposing attorney or self-represented litigant.

The party shall disclose the materials ordered by the Court to be disclosed either by providing copies or by arranging a meeting during which the materials will be exhibited to the opposing attorney or SRL;

CRITICAL

Service

Mail

For an objected-to claim, the claimant must receive at least 10 days’ hearing notice by regular mail.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Applies to

Notice of hearing

Unless the Court allows otherwise, if the attorney or SRL did not make the good-faith scheduling effort, notice may not be served fewer than 10 days before the hearing; if notice is sent to any party by regular mail, it must be mailed at least 14 days before the hearing.

Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing; provided, however, that if the notice is served on any party by regular mail, the notice of hearing must be mailed at least 14 days before the hearing.

CRITICAL

Filers must immediately notify other parties, the Clerk, and the EFM of changes to their name or listed contact information.

All Filers must immediately notify other parties, the Clerk, and the EFM of any change of name, mailing address, phone or fax number, or e- mail address.

CRITICAL

Applies to

Settlement memorandum

Unless the parties agree to confidential submission to the Court, the memorandum must be served on all other attorneys or SRLs and must not be filed with the Clerk.

Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

CRITICAL

Applies to

Petition

Before presenting a petition, the party must send the hearing notice, petition, and exhibits to the specified recipients; notice may be waived by written consent or excused by the Court for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to the minor’s or ward’s spouse, parents, adult siblings, appointed guardian, or, if none, person with or facility in which the minor or ward resides. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

CRITICAL

At least 10 days before the hearing, the party must send the notice, petition, and exhibits to persons entitled to notice, unless notice is waived by written consent or excused by the Court for good cause.

(d) Notice. Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to those persons entitled to notice under the Act at least 10 days before the date of the hearing. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

Unless an individual court standing order or discretionary case-by-case exception allows otherwise, the written motion seeking permission to appear remotely must be served as required by Local Rule 5.1.

Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Service

Mail

Notice by regular mail must be mailed at least 10 days before the hearing.

and notice by regular mail shall be mailed not less than 10 days before the hearing.

CRITICAL

Applies to

Extended media coverage request

When filing a request, the media requestor must also notify the court media liaison, counsel of record, and unrepresented parties.

At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

A subpoena’s return date must be at least 10 days after its date of service.

No subpoena may be returnable less than 10 days following its date of service.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction must be conventionally served, not e-served.

Electronic Service does not confer jurisdiction. Therefore, documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.

CRITICAL

Service

Publication

If the representative and attorney do not know the person’s name or current mailing address, notice must be published once in a newspaper of general circulation in the hearing county at least 14 days before the hearing, unless the Court waives the requirement.

if the name or present post office address of the person is not known to the representative or his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the hearing, unless waived by the Court;

CRITICAL

Applies to

Pre session letter

An attorney or SRL who submits a pre-session letter must provide a copy to opposing counsel or the opposing SRL.

The attorney or SRL shall provide a copy of any letter to the opposing counsel or SRL.

CRITICAL

Applies to

Proposed judgment or order

A plaintiff seeking a judgment or order beyond a default finding must serve the proposed judgment or order with the default motion.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

Service

Mail

When notice is sent by regular mail, proof of mailing must be made part of the record.

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

CRITICAL

Applies to

Extended media coverage request

The request form states that notice has been given to the court media liaison, counsel of record, and parties appearing without counsel.

4. Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Applies to

Pretrial documents

Attorneys and SRLs must serve the required pretrial documents at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

Notice must be given to the specified persons before presenting a petition for an order directing the treasurer to pay deposited money.

Before a petition is presented for an order directing the country treasurer to pay money deposited by order of the Court, notice shall be given to the state’s attorney, the former representative and his or her attorney, and all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

Supplemental proceedings must be initiated by filing a petition in the probate proceeding and serving process as in other civil cases, except that personal-injury, wrongful-death, and other tort claims follow Rule 9.14.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14.

CRITICAL

Serve discovery documents under Supreme Court Rule 11 and file proof identifying the document, case, service date, and sending and receiving parties.

Discovery documents shall be served in accordance with S. Ct. R. 11. Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

Applies to

Petition notice

Unless notice is waived, each heir or legatee named and addressed in the petition must receive notice at least 14 days before the hearing on admission of the will or codicil to probate.

Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition.

CRITICAL

Applies to

Notice of hearing

Notice that additional relief is sought must be given in accordance with Supreme Court Rule 105.

Notice that additional relief is being sought shall be given in accordance with S. Ct. R. 105.

CRITICAL

Applies to

Notice of motion and motion for default

A notice of motion and motion for default must be served in accordance with Rule 5.1.

Service of a notice of motion and motion for default shall be made in accordance with Rule 5.1.

CRITICAL

Notice accompanied by a copy of the account must be given in person or sent by regular mail to the last known address at least 10 days before the hearing.

notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing

CRITICAL

Serve parties who are not registered e-filing or e-service participants as otherwise required by order, rule, or statute.

Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Documents must be served on parties who are not registered E-filing or E-service participants as otherwise provided by order, rule, or statute.

Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.