Circuit Court of Stark County, Illinois (10th Judicial Circuit) Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Demand

A written demand on an executor, administrator, or guardian must be served in the manner provided for service of motions.

Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.

CRITICAL

Applies to

Motion hearing notice

Motion-hearing notice must be given to parties who have appeared and are not in default, and to parties whose time to appear has not expired on the notice date.

written notice of the hearing of all motions giving time, date and place of hearing, shall be given to all parties who have appeared and who have not 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

The mediator must send a copy of the report to each attorney of record or pro se litigant and to the judicial coordinator.

(c) Within 10 (ten) days of completion or termination of mediation, the mediator shall file a report with the clerk of the court, using the mandatory form, and send a copy to each attorney of record or pro se litigant and to the judicial coordinator.

CRITICAL

Before presenting a petition for payment of money deposited with the county treasurer by court order, the petitioner must serve notice on the county state’s attorney, the former legal representative and attorney, and anyone else entitled to notice under a court order in the proceeding.

Before any person presents his petition requesting the entry of an order directing the county treasurer to pay money theretofore deposited by order of court, he shall serve notice on: (1) The state’s attorney of the county, (2) The former legal representative and his attorney, and (3) All other persons entitled to notice under any order of court entered in the proceeding.

CRITICAL

Notice must be given at least 10 days before the hearing in the manner provided by Supreme Court Rule 105, subject to the stated exceptions.

The notice shall be given at least 10 days prior to the hearing in the manner provided by Supreme Court Rule 105 except when notice is by publication as herein provided, and except

CRITICAL

A person seeking to depose a witness to a will must give court-directed notice of the hearing to each heir, legatee, and devisee identified in the probate petition.

A person desiring to take the deposition of a witness to a will as provided by Section 6-5 of the Probate Act shall give such notice of the hearing on the petition to take such deposition as the court may direct to be given to each heir, legatee and devisee whose name and post office address are stated in the petition for admission of the will to probate.

CRITICALCivil cases

Applies to

Financial affidavit

Financial affidavits must be served on all parties.

The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.

CRITICALCivil cases

Service

Personal service

Personal service of process must be used.

Personal service of process shall be utilized.

CRITICAL

Service

Mail

Notice to a person residing outside the continental United States must be sent by air mail at least 20 days before the hearing.

that whenever the person resides outside the continental limits of the United States, the notice shall be by air mail at least 20 days prior to the date of the hearing.

CRITICAL

When a motion heard without prior notice is denied, notice must be given in accordance with paragraph (a), including its service requirements and stated exception.

If a motion heard without prior notice is denied, an order of the denial shall entered of record and notice shall be given in accordance with paragraph (a) of this rule.

CRITICAL

For every calendar call, the clerk must give notice in the manner authorized by Illinois Supreme Court Rule 11.

For any calendar call the clerk of the court shall give notice in the manner authorized by Illinois Supreme Court Rule 11.

CRITICAL

A person proposing cross-interrogatories must give notice of the related hearing as directed by the court.

Any persons interested may propose cross-interrogatories at the time of the hearing or within such further time as the court shall allow and shall give such notice of the hearing thereon as the court may direct.

CRITICAL

Applies to

Pleading

The parties must cooperate in exchanging pleadings electronically.

(c) The parties shall cooperate in exchanging pleadings in electronic format.

CRITICAL

Applies to

Documents presented with motion

Copies of all documents presented to the court with a motion must be served with the hearing notice, or the notice must state that the copies have been served.

Copies of all documents presented to the court with the motion shall be served with the notice or the notice shall state that copies have been served.

CRITICAL

A subpoena for document or tangible-thing production may be issued to a place other than before a judge or at a properly noticed deposition only if all counsel of record receive reasonable notice before compliance.

No subpoena shall be issued for the production of documents, or tangible things, to any place except before a judge of this court or at a properly noticed deposition unless all counsel of record are given reasonable notice prior to the date of compliance with the subpoena.

CRITICAL

Applies to

Motion for change or substitution of judge

A copy of a motion for change or substitution of judge must be served on the judge sought to be removed.

Provided however, if a motion for change/substitution of judge is filed, a copy of the motion shall be served on the judge sought to be removed.

CRITICALCivil cases

Notice of the petition and hearing must be given to all named heirs in the manner directed by the court.

Notice of the petition and of the time and place of hearing shall be given in such manner as the court directs to all heirs named in the petition.

CRITICAL

Service

Personal service

The Affidavit of Amount Due must be served with the petition, and personal service of process must be used.

In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition. Personal service of process shall be utilized.

CRITICAL

Deadline

3 court days

Applies to

Motion hearing notice

Service

Mail

Notice sent by mail must be deposited with the United States Post Office or a Post Office Box no later than the third court day before the hearing.

If notice is given by mail, the notice shall be deposited in the United States Post Office or Post Office Box on or before the third court day preceding the hearing of the motion (e.g., a notice of a hearing on Thursday must be mailed on or before the preceding Monday.

CRITICAL

Applies to

Guardian ad litem report

A guardian ad litem’s filed reports must be served on the parties of record.

Reports filed by the guardian ad litem shall be served upon the parties of record

CRITICALCivil cases

A person seeking a deposition of a will witness must give court-directed notice of the hearing to each identified heir, legatee, and devisee.

A person desiring to take the deposition of a witness to a will as provided by Section 6-5 of the Probate Act shall give such notice of the hearing on the petition to take such deposition as the court may direct to be given to each heir, legatee and devisee whose name and post office address are stated in the petition for admission of the will to probate.

CRITICAL

Applies to

Motion hearing notice

Motion-hearing notice must be served in the manner and on the persons specified by the Illinois Supreme Court Rules.

(c) Manner of service. Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rules.

CRITICALCivil cases

Notice of the specified final or binding current account hearing must be given to all persons described in Section 24-2 of the Probate Act.

Notice of the hearing on a final account of an executor or an administrator or on a current account that is intended to be binding pursuant to Section 24-2 of the Probate Act shall be given to all persons described in Section 24-2 ofthe Probate Act as follows:

CRITICAL

Service

Publication

If a person’s name or residence is unknown and cannot be found through due diligence, the executor or administrator must file an affidavit with the clerk and give publication notice at least once in a county newspaper of general circulation at least 20 days before the hearing.

Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, and an affidavit to that effect shall be filed with the clerk of this court by said executor or administrator, then notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in this county at least 20 days prior to the date of the hearing.

CRITICAL

Applies to

Financial affidavit

Financial affidavits must be served on all parties.

The financial affidavit(s) shall be filed not less than seven (7) days before the date of the hearing and shall be served on all parties.

CRITICALCivil cases

shall give such notice of the hearing thereon as the court may direct.

shall give such notice of the hearing thereon as the court may direct.

CRITICAL

Applies to

Complaint

An application for review of an administrative agency decision must be made by filing a complaint with the clerk and serving process as provided by law.

(a) Applications seeking review from an administrative agency’s decision, including administrative review under 735 ILCS 5/3-101 and under the Illinois Workers' Compensation Act, shall be made by filing a complaint with the clerk of the court and service of process as provided by law.

CRITICAL

When filing a request, the media requestor must simultaneously notify the court media liaison, counsel of record, and parties appearing without counsel.

At the same time the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

The party serving written discovery must provide one copy to each party required to answer and retain the original.

The party serving written discovery documents shall provide one copy to each party required to answer the same. The original shall be retained by the serving party.

CRITICAL

Notice of the petition and hearing must be given to all heirs named in the petition in the manner directed by the court.

Notice of the petition and of the time and place of hearing shall be given in such manner as the court directs to all heirs named in the petition.

CRITICAL

When filing a written objection, the objector must simultaneously notify the requestor, the court media liaison, counsel of record, and parties appearing without counsel.

At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

The petitioner must serve the Affidavit of Amount Due on Order to Show Cause with the petition.

In a proceeding for a petition for rule to show cause for failure to pay under the Marriage and Dissolution of Marriage Act, Civil Union Act, Parentage Act or (Guardianship of) Minors Act, the petitioner shall file a mandatory form entitled Affidavit of Amount Due on Order to Show Cause and serve it with the petition.

CRITICALCivil cases

Applies to

Notice of hearing

Notice must be given at least 10 days before the hearing in the manner provided by Supreme Court Rule 105, except when notice is by publication.

The notice shall be given at least 10 days prior to the hearing in the manner provided by Supreme Court Rule 105 except when notice is by publication as herein provided, and except

CRITICAL

Deadline

2 business days

Applies to

Motion hearing notice

Service

Personal service

Notice delivered personally must be delivered at least two full business days or 48 hours before the hearing, whichever is greater.

If notice of hearing is given by personal service, or facsimile transmission, the notice shall be delivered or sent at least two full business days or 48 hours before the time of the hearing, whichever is greater.

CRITICAL

The legal representative or attorney must serve notice of the dependency petition and hearing on the persons specified, including health-care or funeral-service providers unless payment for their services is shown.

Notice of the filing of a petition for determination of dependency under the Wrongful Death Act or the Dram Shop Act and of the hearing thereon, shall be served by the legal representative or his attorney upon the person or persons named in sub-paragraphs (a), (b) and (c) of 740 ILCS 180/2 including persons furnishing health care or funeral services for the deceased person, unless payment for such services is shown.

CRITICAL

The attorney obtaining an order without prior notice must serve the written hearing notice under the manner and recipient rules in Illinois Supreme Court Rule 11 on parties who have appeared and are not in default, and parties whose time to appear has not expired; proceedings for an ex parte order of protection under the Illinois Domestic Violence Act are excluded.

Other than proceedings for an ex parte order of protection under the Illinois Domestic Violence Act, if an emergency motion or a motion which by law may be made ex parte is heard or an order is entered without prior notice under this rule, written notice of such hearing of the motion, showing: (1) the title and number of the action, (2) the name of the judge who heard the motion, (3) the date of the hearing, and (4) the ruling of the court thereon, shall be served by the attorney obtaining the order upon all parties who have appeared and have not theretofore been found by the court to be in default for the failure to plead, and upon all parties whose time to appear had not expired on the date of the hearing, and proof of service thereof 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 Illinois Supreme Court Rule 11.

CRITICAL

Applies to

Notice of hearing

Notice of a guardian’s current or final account hearing must be given to the listed claimants, ward or deceased ward’s representatives and heirs, and eligible government representatives.

Notice of the hearing on a current or final account of a guardian pursuant to paragraph 24-11(b) of the Probate Act shall be given to: (1) each claimant whose claim has been filed and remains undetermined or unpaid, (2) to the ward, if living, (3) to the legal representative and the heirs at law and legatees of a deceased ward, and (4) where entitled, to the representative of the Social Security Administration, Veterans’ Administration or other governmental entity.

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

Notice of the motion must be mailed to the judgment creditor and the creditor’s attorney at their last known addresses.

(3) The notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.

CRITICAL

Applies to

Written appearance

Copies of an appearance must be served using the manner required for service of copies of pleadings.

Copies of the appearance shall be served in the manner required for the service of copies of pleadings.

CRITICAL

A written demand must be served on the executor, administrator, or guardian in the manner provided for service of motions.

Demand under the terms of Section 24-16(c) of the Probate Act on an executor, administrator, or guardian to pay money or deliver property to any person in pursuance of the lawful order of the court shall be made in writing by serving written demand on the executor, administrator, or guardian in the manner provided for services of motions.

WARNING

Applies to

Brief

The number of brief copies and service must conform to the cited rules, and a brief need not include an appendix.

In addition, the number of copies and service need only be in conformity with Ill. Sup. Ct. R. 11 and 10th Cir. R. 22, and a brief need not include an appendix.