Circuit Court of Shelby County, Illinois (4th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

The party requesting a hearing must give written notice of all motions to the specified parties.

Written notice of the hearing of all motions 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.

CRITICAL

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

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

CRITICAL

Applies to

Notice of hearing

The notice must be served with copies of the written motion and accompanying papers, unless a statement says they 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.

CRITICAL

Notice must be served in the manner and on the persons specified in Supreme Court Rule 11.

(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Deadline

2 court days

Applies to

Notice of hearing

Notice of a motion hearing must be served by the second court day before the hearing, with completion dates determined by delivery time and method.

(d) 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 the second court day preceding the hearing. If a notice of hearing is delivered before 4:00 p.m. by either personal service, 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. Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12. (Amended 1/8/16)

CRITICAL

Applies to

Notice of motion

A summary judgment motion may not be heard until at least ten days after service of its notice of motion.

(e) Summary Judgment: A motion for summary judgment will not be heard before ten (10) days after service of the notice of motion under Supreme Court Rule 11.

CRITICAL

Applies to

Notice of hearing

After a motion is heard without prior notice, the attorney obtaining 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 obtaining 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 its intended recipient, 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

Service

Mail to all parties

The Clerk must mail notice of a dismissal for want of prosecution to all pro se parties and attorneys of record within ten 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 by regular U.S. Mail within ten (10) days of the dismissal.

CRITICAL

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

Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.

CRITICAL

Service

Mail

Mail service may be proved prima facie with a return receipt showing certified or registered delivery at least 14 days before compliance, together with an affidavit documenting the required mailing details and enclosed fee and copy charges.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his or her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and reasonable copy charges enclosed.

CRITICAL

Deadline

48 hours

Service

Mail to all parties

A copy of the subpoena and notice of service must be mailed first class to every party that has appeared within 48 hours after issuance.

A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:

CRITICAL

Each small-claims defendant must be served with a summons substantially in the form specified by Supreme Court Rule 101(b), together with a copy of the complaint.

Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.

CRITICAL

Applies to

Written motion or answer

A written motion or answer must be accompanied by a copy served on all other parties who have appeared.

(b) File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12, or;

CRITICAL

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.

CRITICAL

Service

Mail

When an account is overdue, 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 hearing date and time.

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 issuing a Rule to Show Cause, the Clerk must mail notice of the pending contempt proceeding and its return date to all interested persons, including unpaid creditors.

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 an entitled person, notice of an accounting hearing must be given to any ward, qualifying claimant, and other interested persons.

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 an accounting hearing must be given and served in accordance with Illinois Supreme Court Rules 11 and 12.

The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.

WARNING

Notice of a motion made within a 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.

WARNING

The requesting party may be directed to provide all other parties true and correct copies of the returned documents within 7 days, or sooner if ordered, and reasonable access to inspect returned tangible things.

The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.

WARNING

Applies to

Letter

If a party submits a letter to the mediator, a copy must also be submitted to the other party or their counsel if represented.

Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.

WARNING

When 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.

13-7 Dormant Estates: 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.