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

CRITICAL

Applies to

Jury summons

Service

Mail

Jury summonses must be served at least 15 days before service begins and may be served by regular mail to the listed voter-registration or driver’s-license address.

The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service. Jury summonses may be served by regular mail to the addresses as listed in the voter registration or driver’s license files.

CRITICAL

Applies to

Proposed order

Before submitting a proposed order to the Court, its preparer must first tender it to all other attorneys and SRLs of record.

Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

For a person entitled to notice other than the ward who has an attorney with an appearance on file, notice must be sent to the attorney at least 10 days before the hearing.

If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice shall be sent to the attorney not less than 10 days before the hearing.

CRITICAL

Deadline

1 business days

Applies to

Pre marked exhibit

Unless the Court orders otherwise, a pre-marked exhibit may be used at a remote hearing only if a copy was provided to all other parties and the Court at least one full business day beforehand.

Unless otherwise ordered by the Court, remote hearings shall be conducted as follows: (1) The Court will host the hearing and control entry into the hearing; (2) If requested by a party and if technologically feasible, the Court may allow breakout meetings, private chats, or other private communication between attorneys and clients during the hearing; provided, however, that during the testimony of any person, that person may not communicate by private chat with any other person; (3) The Court is responsible for the official record of the remote hearing, and no party may record any part of the hearing through the Zoom platform or any other means; (4) Any person permitted to testify remotely must appear by both video and audio; (5) When a participant is not speaking, the participant shall mute her or his microphone; (6) All participants must be in an environment free of video and/or audio distractions; (7) No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day before the hearing;

CRITICAL

Counsel or a self-represented party seeking to introduce a witness’s testimony must notify the witness of the request for or grant of extended media coverage.

Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.

CRITICAL

Service

Mail

Mail or deliver a claim to the estate’s legal representative and any attorney of record unless written waiver or consent applies.

The claimant shall mail or deliver a claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or attorney in writing waives the mailing or delivery of the claim or consents to the allowance of the claim.

CRITICAL

Make a good-faith scheduling effort when reasonably possible; absent court permission, serve notice at least three days ahead if an opponent does not cooperate, otherwise at least 10 days ahead, or mail it at least 14 days ahead.

Whenever reasonably possible, an attorney or SRL setting a matter for hearing shall make a good-faith effort to work with the Court and all opposing attorneys or SRLs to set the hearing at a time and date that is mutually convenient and consistent with the Court’s docket. If an attorney or SRL has made this good-faith effort and obtained a mutually convenient time and date acceptable to the Court, the hearing may be set at that time, and notice shall be served accordingly. 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. 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. The filing of a notice of hearing for a hearing less than 10 days after service (or 14 days if a notice is mailed) shall constitute the attorney’s or the SRL’s certification that he or she has complied with this Rule.

CRITICAL

Applies to

Claim

A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record unless the representative or attorney waives delivery in writing or consents to allowance.

The claimant shall mail or deliver a claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or attorney in writing waives the mailing or delivery of the claim or consents to the allowance of the claim.

CRITICAL

Applies to

Claim

The claimant must file proof of mailing or delivery of the claim, or a waiver, with the Clerk.

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

Deadline

48 hours

After a no-prior-notice hearing, the party obtaining relief must serve a written notice containing the specified case, judge, hearing, and ruling details and file proof of service within 48 hours.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing. Proof of service shall be filed with the Clerk within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in S. Ct. R. 11.

CRITICAL

Service

Mail

The Clerk must serve jury summonses at least 15 days before service begins; regular mail to the listed voter-registration or driver’s-license address is permitted.

The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service. Jury summonses may be served by regular mail to the addresses as listed in the voter registration or driver’s license files.

CRITICAL

Discovery documents must be served under Supreme Court Rule 11, and proof of service or answering must be filed with the Clerk with the specified identifying information.

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

Service

Personal service

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

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

Applies to

Written appearance

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

The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Notice of motion heard without prior notice

The attorney or SRL who obtained an order after a hearing without prior notice must serve notice on the specified parties in the manner described in S. Ct. R. 11 and file proof of service.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing. Proof of service shall be filed with the Clerk within 48 hours after the hearing. Notice shall be given in the manner and to the persons described in S. Ct. R. 11.

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rules 11 and 12 and is complete at the Vendor’s posted transmission time for 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

A copy of the civil contempt judgment must be provided to the contemnor.

A copy of the judgment shall be provided to the contemnor.

CRITICAL

Applies to

Notice of hearing

Notice of the hearing 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 mediator who has been appointed.

WARNING

Service

Mail

Service of a subpoena by mail may be proved prima facie with the specified return receipt and affidavit.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

WARNING

Service

Mail

The Clerk must mail the representative and any attorney of record a notice that the account is due.

(1) The Clerk shall mail to the representative and any attorney of record a notice that the account is due;

WARNING

Service

Electronic service

E-service transmits documents electronically but does not confer jurisdiction when the law requires personal service.

“Electronic Service” and “E-service” mean and refer to an electronic transmission of documents to an SRL, attorney, or representative in a case. However, E- service shall not confer jurisdiction when personal service is required by law.

WARNING

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL by the time the exhibit is offered in evidence.

When practicable, copies of exhibits should be furnished to the Court, opposing counsel, and any opposing SRL no later than when the exhibit is offered in evidence.

WARNING

Applies to

Entry of appearance

An appearance may replace required notice if it states on its face that the person has read the petition, account, or report and approves the requested fees.

Entries of appearances will be accepted in lieu of any required notice if the appearance indicates on its face that the person executing the appearance has read the petition, account, or report and approves the fees requested.

WARNING

Service

Mail

The Clerk must give notice of a pending dismissal at least 30 days before the dismissal date and give notice of the dismissal by mail afterward.

(b) By the Court. All civil cases in which no appeal is pending and in which no motion or order has been made for nine months, or in small claims after six months, may be summarily dismissed by the Court for want of prosecution. The Clerk shall give notice of the pendency of dismissal not less than 30 days before the date set for dismissal. After dismissal, the Clerk shall give notice of the dismissal by mail.

WARNING

Service

Mail

Mail service of a subpoena may be prima facie proved by the specified certified or registered-mail receipt and affidavit, including proof that the witness and mileage fee check accompanied it.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

WARNING

Service

Mail

When issuing a required citation, the Clerk must mail notice of the proceeding and return date to all interested persons, including unpaid creditors.

(4) When issuing a citation required by this Rule, the Clerk shall mail notices of the pendency of the citation proceeding and return date to all persons interested in the administration of the estate, including unpaid creditors.

WARNING

When directed by the Court, the Clerk must notify the last known attorney of record, personal representative, or both of the docket call’s time and place.

Whenever the Court determines that a decedent’s estate or guardianship has remained inactive for a considerable time, the Court may direct the Clerk to place the case on a docket call, and the Clerk shall give notice, as directed by the Court, to the last known attorney of record or personal representative or both of the time and place of the docket call.

INFO

The Court may, in its discretion, hear emergency motions and motions legally eligible for ex parte treatment without notice.

Emergency motions and motions that, by law, may be heard ex parte may, at the discretion of the Court, be heard without giving notice.

INFO

When a defendant fails to appear in response to a summons returnable on a date certain, the Court may find the defendant in default on that date without further notice or proceeding.

If a defendant fails to file a written appearance or appear in person or through an attorney in response to a summons returnable on a date certain, the Court may find the defendant in default on the return date without further notice or proceeding.

INFO

The petitioner may give notice to the respondent before presenting a petition to the Court for issuance of a rule to show cause but is not required to give notice unless otherwise directed by the Court.

The petitioner may give notice to the respondent before presenting a petition to the Court for issuance of a rule to show cause but is not required to give notice unless otherwise directed by the Court.