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

CRITICAL

Applies to

Notice of motion

Motions require notice 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

Applies to

Notice of hearing

Unless another rule or law provides otherwise, 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

When a motion is heard without prior notice, the moving attorney must serve written notice with the specified case and hearing details 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 it addresses, 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

The personal representative or attorney must provide interested parties notice of any new hearing date when directed to do so.

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

When 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 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 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

Notice of an account hearing intended to be binding 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.

WARNING

Applies to

Notice of hearing

Notice delivered before 4:00 p.m. is complete that day, while notice delivered at or after 4:00 p.m. is complete on the next court day; email or fax requires verification of receipt.

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.

WARNING

Applies to

Attorney 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.

WARNING

After determining that an estate has had no activity for at least one year, 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.