14th Judicial Circuit Court, Rock Island County Service and Proof of Service Rules

Applies to

Notice of dismissal

Service

Mail

A civil matter subject to dismissal for want of prosecution may be dismissed and stricken after 14 days’ notice by mail.

All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days’ notice by mail.

Applies to

Notice of hearing

Notice of the hearing on the motion to remove a case from the strike list must be given to all attorneys of record and all self-represented parties.

Notice of hearing on this motion shall be given to all attorneys of record and to all parties not represented by an attorney.

The Notice of Hearing must also be served before a party approaches a judge for action.

A complete and accurate written Notice of Hearing must be filed and served in all case types prior to approaching a judge for action on a case, except for agreed orders and/or for actions in which the law permits ex parte action.

The Notice of Hearing must be served before requesting judicial action, subject to exceptions for agreed orders and legally permitted ex parte actions.

A complete and accurate written Notice of Hearing must be filed and served prior to approaching a judge for action on a case, except for agreed orders and/or for actions in which the law permits ex parte action.

Failure to respond to a pending motion does not eliminate the Notice of Hearing requirement.

A party’s failure to respond to a pending motion does not waive the requirement to send a Notice of Hearing.

A Notice of Hearing must be served in every case involving a Walk-In Hearing.

A complete and accurate Notice of Hearing must be filed and served in all cases.

The motion to deposit unclaimed funds must include proof of notice to all interested persons.

Before reporting to the Illinois State Treasurer, the estate attorney shall file and present a motion before the Court seeking leave to deposit the unclaimed funds with the State Treasurer with proof of notice to all interested persons.

Deadline

7 calendar days

Applies to

Notice of hearing

Service

Personal service

Personal service of indirect-contempt hearing notice must occur at least seven days before the hearing, while U.S. Mail notice must be mailed at least ten days before the hearing.

Notice by personal service shall be served not less than seven days prior to the hearing and notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing.

Applies to

Notice of hearing

Service

Mail

When indirect-contempt hearing notice is sent by regular U.S. Mail, proof of mailing must be included in the record.

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

In a civil contempt proceeding, the respondent must be served with notice of the hearing and a copy of the petition, which must be made of record as specified by Rule 21.3(c).

Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3{c) of these rules.

Within 28 days after the Order of Referral, the mediator must notify all parties in writing of the mediation conference date and time.

Within twenty-eight (28) days after the Order of Referral, the mediator shall notify the parties in writing of the date and time of the mediation conference.

Applies to

Motion to defer mediation

Notice of the hearing on a motion to defer mediation must be provided to all interested parties and the appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediation who has been appointed.

The required pre-trial documents must be served at least four court days before the final pre-trial conference.

In actions in which a pre-trial conference is ordered, the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

Copies of all motions in limine and responses must be served on opposing counsel or an unrepresented party no later than seven days before the final pre-trial conference.

All motions in Iimine and responses to motions in Iimine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

Applies to

Motion

A motion and notice of hearing must be served on counsel for all other parties and on pro se parties in the same manner as other motions.

Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same matter as other motions

Applies to

Motion

A motion and notice of hearing must also be served upon the Arbitration Administrator.

Such motion and notice of hearing thereon shall be served upon ... and shall likewise be served upon the Arbitration Administrator.

The party requesting a motion hearing must give written notice to all eligible appearing and nondefault parties unless the Court excuses notice.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead and to all parties whose time to appear has not expired on the date of notice.

Notice of a motion filed within one court day of trial must be given in the manner directed by the Court.

Notice of motion made within a court day of trial shall be given as directed by the Court.

Notice concerning additional requested relief must comply with Supreme Court Rule 11.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

Applies to

Notice of hearing

The hearing notice must be accompanied by copies of the written motion and supporting papers or a statement that those materials were previously served.

A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.

Notice may be given by personal delivery, mail, email, or facsimile, but the manner and recipients must comply with Supreme Court Rule 11.

Notice (whether personal delivery, mail, email, or facsimile) shall be given in the manner and to the persons described in Supreme Court Rule 11.

Deadline

1 court days

Applies to

Notice of hearing

Notice delivered personally, by facsimile, or by email must be delivered at least one court day before the motion hearing unless otherwise provided.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion.

Applies to

Notice of hearing

Service

Mail

Notice by mail must be deposited at a United States Post Office or Post Office Box on the fourth court day before the hearing.

If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

Deadline

2 calendar days

Applies to

Post hearing notice

Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing, and notice must comply with Supreme Court Rule 11.

proof of service thereon shall be filed with the clerk within two days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

Applies to

Notice of hearing

The party arranging a telephone hearing must serve and file a hearing notice unless the parties waive notice.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties

Deadline

4 court days

The attorneys for represented parties and unrepresented litigants must serve the required typewritten pretrial documents at least four court days before the conference.

the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

Copies of motions in limine and responses must be served on opposing counsel or any unrepresented party no later than seven days before the final pretrial conference.

with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

Deadline

6 court days

Unless the judge orders otherwise, petitioner must complete and serve the required documents on respondent no later than six court days before trial.

Petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

Deadline

3 court days

Unless the judge orders otherwise, respondent must complete and serve the required documents on petitioner no later than three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

A qualifying post-judgment modification, rule, or action filed more than 30 days after the specified final orders is a new proceeding and must be served on the party rather than a former attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/513I, or a final order of maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

Applies to

Strike list notice

Service

Mail

Civil cases and supplemental proceedings with no trial or disposition activity for the preceding year may be dismissed and stricken from the docket upon 14 days' notice by mail.

(a) All civil cases and supplemental proceeding pending in civil cases, in or upon which no action has been taken or not attempt made for trial or disposition during the preceding year may be dismissed for want of prosecution and summarily stricken from the docket. All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days notice by mail.

Applies to

Notice of hearing

Notice of the hearing on a motion to remove a case from the strike list must be given to all attorneys of record and all self-represented parties.

Notice of hearing on this motion shall be given to all attorneys of record and to all parties not represented by an attorney.

Notice of the hearing and a copy of the petition must be served and returned under Supreme Court Rule 105(b).

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b)

Service

Mail

When notice is sent by regular U.S. Mail, proof of mailing must be included in the record.

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

Deadline

7 calendar days

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 (7) days prior to the hearing

Deadline

10 calendar days

Service

Mail

Notice by U.S. Mail must be mailed at least ten days before the hearing.

notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing.

Notice of the civil-contempt hearing and a copy of the petition must be served on the respondent and made of record in the manner specified by Rule 21.3(c).

(c) Notice. Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3(c) of these rules. If, after notice, the respondent fails to appear, the Court may order a body attachment to issue and may set bail as further provided in that paragraph.

Service

Court service

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

A copy of the judgment shall be provided the contemnor.

Applies to

Notice of award

Service

Court service to all parties

The Circuit Court Clerk must serve notice of the award on every party who has filed an appearance.

The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.

Service

Mail to all parties

On the stated date, the Notice of Award must be sent by prepaid regular mail to each appearing party at its last known address or to its attorney of record.

A copy of this NOTICE has on this date been sent by regular mail, postage prepaid, addressed to each of the parties appearing herein, a their last known address, or to their attorney of record.

Deadline

6 court days

Unless the judge orders otherwise, the petitioner must complete and serve the Rule 9(d) documents so the respondent receives them no later than six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

Deadline

3 court days

The respondent must complete and serve the Rule 9(d) documents so the petitioner receives them no later than three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

Deadline

30 calendar days

Applies to

Modification rule or action under 735 ilcs 5 2 1401

A modification, rule, or action filed more than 30 days after the specified final orders is treated as a new proceeding and must be served on the party rather than the party's prior attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/513I, or a final order of ===== PAGE 4 ===== maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

Applies to

Child custody affidavit

The filer must certify service of the child custody affidavit upon all parties and their attorneys of record and state the service time and date.

Under the penalties as provided by law, pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the foregoing instrument was served upon all parties to the above cause and/or to each to the attorneys of record herein at the address(es) or email address(es) listed above (be sure to list the names and addresses above) on_______________________________________________ (insert time and date you served this notice).

Deadline

4 court days

Applies to

Child custody affidavit

Service

Mail to all parties

Service by U.S. mail must be completed at least four court days before the hearing and use proper postage.

□ By depositing it – at least 4 court days prior to hearing - in the U.S. mail with proper postage prepaid at _____________________ (insert city & state where you deposited it in the U.S. Mail.)

Deadline

3 court days

Applies to

Child custody affidavit

Delivery through a commercial carrier or courier must occur at least three court days before the hearing, with the delivery charge prepaid.

□ By delivering it – at least 3 court days prior to hearing - to a third-party commercial carrier or courier with proper delivery charge prepaid at _____________________ (insert city & state in which you gave it to a third-party commercial carrier or courier.)

Deadline

1 court days

Applies to

Child custody affidavit

Service

Personal service to all parties

Hand delivery must occur at least one court day before the hearing and identify the person delivering the document and the delivery time and location.

□ Hand Delivery to person, office, or residential delivery - at least one court day prior to the hearing - delivered by _______________________________ (insert name of person who made delivery) to _________________________________________________ (insert time and location of delivery.)

Deadline

1 court days

Applies to

Child custody affidavit

Service

Email to all parties

Email service must be transmitted at least one court day before the hearing and identify the person sending the email.

□ Email (at least one court day prior to the hearing) transmitted by _____________________________________ (insert name of person sending email.)

Unless the Court excuses it, the requesting party must give hearing notice to all eligible appearing or nondefault parties.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead and to all parties whose time to appear has not expired on the date of notice.

Notice concerning additional requested relief must comply with Supreme Court Rule 11.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

The motion notice must be accompanied by copies of the written motion and supporting papers or a statement that those papers were previously served.

A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.

Personal delivery, mail, email, and facsimile notice must comply with Supreme Court Rule 11's service method and recipient requirements.

Notice (whether personal delivery, mail, email, or facsimile) shall be given in the manner and to the persons described in Supreme Court Rule 11.

Deadline

1 court days

Personal, facsimile, or email hearing notice must be delivered at least one court day before the motion hearing unless otherwise provided.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion.

Service

Mail

Mailed hearing notice must be deposited at a United States Post Office or Post Office Box on the fourth court day before the hearing.

If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

After an unnoticed motion hearing, the obtaining attorney must serve written notice identifying the action, judge, hearing date, and disposition on all nondefault parties and file proof of service with the Clerk within two days.

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 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 obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead and proof of service thereon shall be filed with the clerk within two days after the hearing.

Post-hearing notice must be served in the manner and to the persons specified by Supreme Court Rule 11.

Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

The scheduling party ordinarily must serve and file a hearing notice and initiate and pay for the call, but the parties may waive notice and the parties or Court may alter the payment arrangement.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties, and that party shall initiate and pay for the call unless otherwise agreed between the parties or ordered by the Court.

Deadline

6 court days

Applies to

Pretrial memorandum

The petitioner must complete and serve the required Rule 9(d) documents on the respondent no later than six court days before trial.

the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

Deadline

3 court days

Applies to

Pretrial memorandum

The respondent must complete and serve the required Rule 9(d) documents on the petitioner no later than three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

Applies to

Summons and petition

Service

Court service to agency

Summons and a copy of the facilities petition must be served on the county-board chairman and every county-board member at least 21 days before the hearing.

The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than twenty- one (21) days prior to the hearing.

If the opposing party will not coordinate a Walk-In Hearing, the hearing may be set and the Notice of Hearing served on that party.

If the opposing party is non-responsive or refuses to cooperate in the scheduling process, the Walk-In Hearing may be set and the Notice of Hearing served upon the opposing party.

A notice of motion filed within one court day of trial must be given as directed by the Court.

Notice of motion made within a court day of trial shall be given as directed by the Court.

Applies to

Hearing notice and petition

Service

Mail

The committee chairman may have the Circuit Clerk mail hearing notice and a petition copy to other appropriate persons at least 21 days before the hearing, with the Clerk's certificate of mailing entered in the record.

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first-class postage thereon and depositing it in the ===== PAGE 2 ===== United States Mail not less than twenty-one (21) days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.