15th Judicial Circuit Court, Stephenson County, Illinois Service and Proof of Service Rules

CRITICAL

Service

Mail

Jury summonses must be served at least 15 days before service begins and may be served by regular mail to the listed address.

The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service. Jury summonses may be served by regular mail to the addresses as listed in the voter registration or driver’s license files.

CRITICAL

Deadline

1 business days

A pre-marked exhibit may be used at a remote hearing only if all parties and the Court received a copy at least one full business day beforehand.

No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day before the hearing;

CRITICAL

Applies to

Account due notice

Service

Mail

The Clerk must mail the representative and any attorney of record notice that the account is due.

The Clerk shall mail to the representative and any attorney of record a notice that the account is due;

CRITICAL

Applies to

Proof of mailing or delivery

Within 10 days after filing the claim, the claimant must file with the Clerk proof of mailing or delivery or a waiver.

The claimant shall file with the Clerk proof of mailing or delivery of the claim, or a waiver thereof, within 10 days after filing the claim.

CRITICAL

Proof of service must be filed with the Clerk within 48 hours after the hearing.

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

Applies to

Notice of hearing

Motion-hearing notice must be given 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 S. Ct. R 11.

CRITICAL

The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.

CRITICAL

Applies to

Notice of hearing

Unless the Court allows otherwise, if the attorney or self-represented litigant did not make a good-faith scheduling effort, hearing notice must be served at least 10 days before the hearing.

Unless otherwise allowed by the Court, if an attorney or SRL has not made this good-faith effort, notice of the hearing may not be served less than 10 days before the hearing;

CRITICAL

Service

Mail

For a hearing on an objected-to claim, the claimant must receive at least 10 days’ notice by regular mail.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Before presenting a petition to withdraw court-deposited funds, the petitioner must notify the state’s attorney, former representative and counsel, and all other persons entitled to notice.

Before a petition is presented for an order directing the country treasurer to pay money deposited by order of the Court, notice shall be given to the state’s attorney, the former representative and his or her attorney, and all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

Applies to

Proposed order

Before submitting a proposed order to the Court, the preparing attorney or SRL must tender it to all other attorneys and SRLs of record.

Before submitting the order to the Court, the attorney or SRL preparing the order shall first tender the proposed order to all other attorneys and SRLs of record.

CRITICAL

Applies to

Settlement memorandum

Unless the parties agree to confidential submission to the Court, the memorandum must be served on all other attorneys or SRLs and must not be filed with the Clerk.

Unless the parties agree that the memoranda may be submitted to the Court confidentially, the party preparing a memorandum shall serve the memorandum on all other attorneys or SRLs but shall not file the memorandum with the Clerk.

CRITICAL

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

Notice shall be given in the manner and to the persons described in S. Ct. R 11.

CRITICAL

Applies to

Notice of hearing

Service

Mail

When notice is given by regular mail, proof of mailing must be made part of the record.

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

CRITICAL

Service

Mail

After dismissal of a probate case, the Clerk must mail the personal representative and attorney notice that reinstatement may be sought for good cause within 30 days of the notice.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

Applies to

Notice of hearing

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 days before the hearing,

CRITICAL

Unless notice is waived, each heir or legatee named with an address in the petition must receive notice of the petition at least 14 days before the probate-admission hearing.

Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will or codicil to probate to each heir or legatee whose name and address is stated in the petition.

CRITICAL

Indirect contempt hearing notice and petition must be served under Rule 105(b), or by permitted regular mail with proof; personal service is due at least seven days before hearing and mail at least 10 days before.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in S. Ct. R. 105(b) or, if the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address. If notice is made by regular mail, proof of mailing shall be made part of the record. Notice by personal service shall be served not less than seven days before the hearing, and notice by regular mail shall be mailed not less than 10 days before the hearing.

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rules 11 and 12, is complete at the Vendor-posted transmission date and time, and is effective on parties registered to receive it.

(b) E-Service. E-service shall be made in accordance with Supreme Court Rules 11 and 12 and shall be deemed complete at the posted date and time of transmission listed by the Vendor. The E-service of a pleading or other document shall be considered valid and effective service on all parties that are registered to receive E-service and shall have the same legal effect as personal service of an original paper document.

CRITICAL

Applies to

Motion for default

A notice of motion and motion for default must be served in accordance with Rule 5.1.

Service of a notice of motion and motion for default shall be made in accordance with Rule 5.1.

CRITICAL

Applies to

Written motion

A written motion seeking permission to appear remotely must be served as required by Local Rule 5.1, unless an individual court standing order or discretionary case-by-case exception allows otherwise.

Unless otherwise allowed by (1) an individual Court’s own standing order or (2) a case-by-case exception made within the Court’s discretion, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.

CRITICAL

Service

Mail

For an objected claim, the claimant must receive at least 10 days’ hearing notice by regular mail from the designated sender.

If an objection to a claim has been filed, the Court on the return date set under Rule 9.9(c) will schedule the claim for hearing and order the legal representative, the attorney for the estate, or the Clerk to give the claimant at least 10 days’ notice of the hearing by regular mail.

CRITICAL

Applies to

Proposed order

The proposed judgment or order must be served with the motion for default when the plaintiff seeks that relief.

If the plaintiff seeks entry of a judgment or order (other than an order finding the defendant in default), the plaintiff shall serve a copy of the proposed judgment or order with the motion for default.

CRITICAL

At least 10 days before the hearing, the petitioner must send entitled persons the hearing notice, petition, and exhibits, unless notice is waived in writing or excused for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to those persons entitled to notice under the Act at least 10 days before the date of the hearing. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

Deadline

1 business days

Applies to

Exhibit

A pre-marked exhibit may be used at a remote hearing only if a copy was provided to all other parties and the Court at least one full business day beforehand.

No exhibit may be used during a remote hearing unless a copy of the pre-marked exhibit was provided to all other parties and the Court at least one full business day before the hearing;

CRITICAL

Applies to

Jury summons

Service

Mail

The Clerk must serve jury summonses at least 15 days before service begins; regular mail to the listed voter-registration or driver’s-license address is permitted.

The Clerk shall issue and cause to be served a jury summons on all grand jurors and petit jurors at least 15 days before the first day of service. Jury summonses may be served by regular mail to the addresses as listed in the voter registration or driver’s license files.

CRITICAL

Applies to

Claim

A claimant must mail or deliver the claim to the estate’s legal representative and any attorney of record unless either waives delivery or consents to allowance in writing.

The claimant shall mail or deliver a claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or attorney in writing waives the mailing or delivery of the claim or consents to the allowance of the claim.

CRITICAL

Applies to

Citation notice

Service

Mail

When issuing a required citation, the Clerk must mail notice of the proceeding and return date to all interested persons, including unpaid creditors.

When issuing a citation required by this Rule, the Clerk shall mail notices of the pendency of the citation proceeding and return date to all persons interested in the administration of the estate, including unpaid creditors.

CRITICAL

Applies to

Notice of hearing and petition

The hearing notice and petition must be served and returned under S. Ct. R. 105(b), unless the Court allows the Clerk or petitioner’s attorney to give notice by regular mail to the respondent’s last known address.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in S. Ct. R. 105(b) or, if the Court allows, the Clerk or petitioner’s attorney may give notice by regular mail to the respondent’s last known address.

CRITICAL

Applies to

Pretrial documents

Pretrial documents required by the Court must be served at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

Service

Mail

Subpoena service by mail may be proved prima facie with the specified return receipt and affidavit.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

CRITICAL

Written fee requests and hearing notices must be served on the listed interested persons under Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Before presenting a minor’s or ward’s settlement petition, the petitioner must send the hearing notice, petition, and exhibits to the specified family or caregiver recipients unless notice is waived in writing or excused for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to the minor’s or ward’s spouse, parents, adult siblings, appointed guardian, or, if none, person with or facility in which the minor or ward resides. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

The objection form requires confirmation that proper notice has been given to the requestor, the court media liaison, counsel of record, and unrepresented parties.

4. Proper notice has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Subpoenas must be served under Supreme Court Rules, and a copy and proof of service must be served on all parties within 48 hours of issuance.

Subpoenas issued under this Rule shall be served in accordance with Supreme Court Rules. A copy of the subpoena and proof of service shall be served on all parties within 48 hours of issuance.

CRITICAL

Filers must immediately notify other parties, the Clerk, and the EFM of changes to specified identifying or contact information.

All Filers must immediately notify other parties, the Clerk, and the EFM of any change of name, mailing address, phone or fax number, or e- mail address.

CRITICAL

After an unnoticed hearing, the party obtaining the order must serve specified written notice on covered parties and file proof of service within 48 hours.

If a motion is heard without prior notice under this Rule, written notice of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of the hearing, and the ruling of the Court, shall be served by the attorney or SRL obtaining the order on all parties who have appeared or have not been found by the Court to be in default and on all parties whose time to appear had not expired on the date of the hearing. Proof of service 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 S. Ct. R. 11.

CRITICAL

Notice with a copy of the account must be given in person or sent by regular mail at least 10 days before the hearing, except that an address outside the United States or Canada requires at least 14 days’ notice.

notice, accompanied by a copy of the account, shall be given in person or sent by regular mail to the last known address not less than 10 days before the hearing, except if the address of the person is outside the United States or Canada, in which case the notice shall be sent not less than 14 days before the hearing

CRITICAL

The request represents that proper notice has been given to the court media liaison, counsel of record, and parties appearing without counsel.

4. Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Service

Mail

Mail service may be prima facie proved by the specified certified or registered return receipt and affidavit, including proof that the witness and mileage fee check accompanied the subpoena.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the recipient or the recipient’s authorized agent by certified or registered mail at least 10 days before the date on which compliance is required and an affidavit setting forth that the mailing was prepaid and addressed to the recipient, restricted delivery, return receipt required, when the subpoena was mailed, and that a check for the witness and mileage fee was provided with the subpoena.

CRITICAL

Applies to

Notice of hearing

Service

Mail

Notice by regular mail must be mailed at least 10 days before the hearing.

notice by regular mail shall be mailed not less than 10 days before the hearing.

CRITICAL

Service

Mail

After dismissal, the Clerk must mail notice to the personal representative and attorney of record stating that the case may be reinstated for good cause within 30 days after the notice date.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

Applies to

Notice of hearing

Notice that additional relief is being sought must comply with Supreme Court Rule 105.

Notice that additional relief is being sought shall be given in accordance with S. Ct. R. 105.

CRITICAL

Documents must be served on parties not registered for e-filing or e-service as otherwise provided by order, rule, or statute.

(e) Service on Parties not Registered. Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

When ordered to disclose discovery in a criminal proceeding, a party must provide copies of the materials or arrange a meeting to exhibit them to the opposing attorney or self-represented litigant.

The party shall disclose the materials ordered by the Court to be disclosed either by providing copies or by arranging a meeting during which the materials will be exhibited to the opposing attorney or SRL;

CRITICAL

Documents must be served on nonregistered parties as provided by applicable order, rule, or statute.

Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Applies to

Petition report or account requesting fees

Written fee petitions, reports, or accounts must be served on the specified interested persons with notice of the hearing’s time, date, and place, in accordance with Rule 5.1(b).

Written petitions, reports, or accounts requesting the allowance of fees shall be served on all interested heirs, legatees, devisees, incompetents, minors, and creditors whose claims remain unsatisfied, along with a notice of the time, date, and place of hearing on the request. Notice shall be in accordance with Rule 5.1(b).

CRITICAL

Applies to

Notice of hearing

Except during trial, written notice of a motion hearing must be given to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Except during trial, written notice of the hearing of a motion shall be given to all parties who have appeared and have not been found by the Court to be in default and to all parties whose time to appear has not expired on the date of notice.

CRITICAL

Applies to

Petition

At least 10 days before the hearing, the party must send the hearing notice, petition, and exhibits to persons entitled to notice, unless notice is waived by written consent or excused by the Court for good cause.

Before a party may present a petition to the Court, the party must send a notice of hearing, a copy of the petition, and any exhibits to the petition to those persons entitled to notice under the Act at least 10 days before the date of the hearing. A party entitled to notice may waive notice by written consent. The Court may excuse notice on a showing of good cause.

CRITICAL

Applies to

Notice of hearing

Unless the Court allows otherwise, when the opposing party does not cooperate after a good-faith scheduling effort, hearing notice must be served at least three days before the hearing.

Unless otherwise allowed by the Court, if an attorney or SRL has made this good-faith effort but an opposing party has not cooperated in determining a mutually agreeable time and date, notice of the hearing must be served at least three days before the hearing.