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

CRITICAL

Service

Mail

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

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

(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

Unless waived, notice of the hearing must be given to any ward, each claimant with a filed claim that remains undetermined or unpaid, and all other interested persons as defined by the Illinois Probate Act.

(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 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 the 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

Applies to

Notice of hearing

A motion notice must be given 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

Unless an exception applies, serve a motion hearing notice at least five business days before the hearing; delivery before 4:00 p.m. is complete that day, while delivery at or after 4:00 p.m. is complete the next court day.

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

Deadline

10 business days

Applies to

Notice of hearing

A dispositive motion cannot be heard until at least ten business days after service of the 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 attorney seeking the order must serve a notice containing the specified information on parties not found in default and file proof of service within two days after the hearing.

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.

CRITICAL

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

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

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 motion

Unless these rules, law, or another local rule provides otherwise, a motion hearing notice 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 motion

A hearing notice delivered before 4:00 p.m. by the specified methods is complete that day; one 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 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

After a motion is heard without prior notice, the attorney seeking the order must serve written notice with specified information on nondefaulting parties 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.

CRITICAL

The Clerk must notify all pro se parties and attorneys of record of a dismissal for want of prosecution within 10 days of dismissal.

Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal within ten (10) days of the dismissal.

CRITICAL

Applies to

Letter

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

The clerk must mail the attorneys of record, or the representative if there are none, 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

When a Rule to Show Cause is issued, 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

Unless waived, notice of the hearing must be given to any ward, qualifying claimants, and all other interested persons.

(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 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

Applies to

Notice of hearing

Notice of the 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 must be noticed 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

Unless an exception applies, notice of a motion hearing must be served no later than 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 service is complete on the delivery day if delivered before 4:00 p.m. by a specified method, and otherwise on the first court day after delivery.

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

Applies to

Notice of hearing

After a motion is heard without prior notice, the attorney seeking the order must serve the required written notice on parties not in default 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 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

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.

CRITICAL

Applies to

Attorney letter to mediator

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

(c) Attorney Letter to Mediator. 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

When the Court considers a qualifying extension request without notice or hearing, it must direct the personal representative or attorney to notify all interested parties of any new hearing date.

On a showing of good cause, this request may, in the Court's discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.

CRITICAL

The notice of hearing 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

Motions require notice under Supreme Court Rule 11 and a proof of service 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

Unless an exception applies, notice of a motion hearing must be served at least five business days before the hearing.

(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.

CRITICAL

After a motion is heard without prior notice, the attorney seeking the order must serve specified written notice on nondefaulting parties 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, 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.

CRITICAL

If the Court considers an extension request without notice or hearing, the personal representative or counsel must notify all interested parties of any new hearing date.

On a showing of good cause, this request may, in the Court's discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.

CRITICAL

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.

(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 persons interested in the estate, 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

Unless waived by the person entitled to notice, a hearing on an account intended to be binding must be noticed to the ward, if any, and each claimant whose filed claim 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

CRITICAL

The 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.

WARNING

After at least one year of estate inactivity, the court may set a status call and direct the clerk 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

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.

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.

WARNING

After at least one year of estate inactivity, the court may set a status call and direct the clerk 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

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

Applies to

Motion

A motion objecting to a scheduled remote hearing must be 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.

WARNING

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

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.

WARNING

Applies to

Attorney letter

An attorney submitting 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.

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 of the 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.