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

CRITICAL

Applies to

Motion

The party must serve the motion with the hearing notice or state that the motion was served previously.

The party shall serve a copy of the motion with the notice or state the motion previously has been served.

CRITICAL

Before presenting a petition to withdraw money deposited by court order, notice must be given to the state’s attorney, the former representative and attorney, and anyone else entitled to notice under an order in the proceeding.

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

Hearing notice

The motion must be noticed for hearing before the scheduled mediation date, and hearing notice must be provided to all interested parties, including an appointed mediator.

The movant shall notice the motion for hearing before the mediation’s scheduled date. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.

CRITICAL

Service

Mail

If the person’s address is outside the United States or Canada, notice must be sent at least 14 days before the hearing.

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

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

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

CRITICAL

Service

Electronic service to all parties

E-service must comply with Supreme Court Rules 11 and 12 and is complete at the Vendor’s posted transmission time for parties registered to receive it.

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

Service

Mail

A claimant must mail or deliver the claim to the estate’s legal representative and attorney of record unless they waive delivery in writing or consent in writing to allowance.

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

Written appearance

An attorney must serve copies of the written appearance in the manner required for service of pleadings.

The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.

CRITICAL

Written notice of a motion to continue trial must be given to all attorneys and self-represented litigants of record at least seven days before trial.

The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

A subpoena’s return date must be at least 10 days after its date of service.

No subpoena may be returnable less than 10 days following its date of service.

CRITICAL

Discovery documents must be served under Supreme Court Rule 11, and filed proof must identify the document, case, service date, and sending and receiving parties.

Discovery documents shall be served in accordance with S. Ct. R. 11. Proof of serving or answering discovery documents shall be filed with the Clerk and shall identify the discovery document being served or answered and contain the case title and number, date served, and the sending and receiving parties.

CRITICAL

Applies to

Notice of hearing

Service

Mail

A motion-hearing notice sent to any party by regular mail must be mailed at least 14 days before the hearing.

provided, however, that if the notice is served on any party by regular mail, the notice of hearing must be mailed at least 14 days before the hearing.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction must be served conventionally, not electronically.

Electronic Service does not confer jurisdiction. Therefore, documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.

CRITICAL

Service

Mail

The Clerk must give at least 30 days’ notice before a dismissal date and mail notice after dismissal.

The Clerk shall give notice of the pendency of dismissal not less than 30 days before the date set for dismissal. After dismissal, the Clerk shall give notice of the dismissal by mail.

CRITICAL

Service

Personal service to opposing party

The rule to show cause must be personally served on the respondent at least five days before the hearing, unless the Court orders otherwise.

A rule to show cause shall be personally served on the respondent unless otherwise ordered by the Court. Unless otherwise ordered by the Court, a rule to show cause shall be served on the respondent not less than five days before the hearing.

CRITICAL

For a person entitled to notice other than the ward who has an attorney of record, hearing notice must be sent to the attorney at least 10 days before the hearing.

If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice shall be sent to the attorney not less than 10 days before the hearing.

CRITICAL

A subpoena’s return date must be at least 10 days after service.

No subpoena may be returnable less than 10 days following its date of service.

CRITICAL

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

A copy of the judgment shall be provided to the contemnor.

CRITICAL

Discovery documents must be served in accordance with Supreme Court Rule 11.

Discovery documents shall be served in accordance with S. Ct. R. 11.

CRITICAL

Applies to

Notice after hearing

The attorney or SRL obtaining an order after a hearing without prior notice must serve the required written notice on the specified parties in the manner described by Supreme Court Rule 11.

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

CRITICAL

Service

Mail

Unless waived, specified account hearings require notice to entitled persons, with copies and service deadlines varying by recipient location or unknown address, and a prescribed statement of the hearing’s binding effect.

Unless waived by the person(s) entitled to notice, notice of the hearing on a final account or an account intended to be binding pursuant to section 24-2 or section 24-11(b) of the Act shall be given as follows: (1) On an account of a guardian or guardian to collect: to the ward; to each claimant whose claim is filed and remains undetermined or unpaid; and to other persons entitled to notice. If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice shall be sent to the attorney not less than 10 days before the hearing. (2) Notice to all other persons entitled to notice shall be given as follows: (a) 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; (b) if the name or present post office address of the person is not known to the representative or his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the hearing, unless waived by the Court; (c) the notice shall contain the time, date, place, and nature of the hearing in substantially the following sentence: “If the account is approved by the judge, in the absence of fraud, accident, or mistake, the account as approved is binding on all persons to whom this notice is given.”

CRITICAL

Service

Mail

After dismissal, the Clerk must send notice of the dismissal by mail.

After dismissal, the Clerk shall give notice of the dismissal by mail.

CRITICAL

Before presenting a petition, the party must send the hearing notice, petition, and exhibits to the specified persons or facility, subject to written waiver or the Court excusing notice 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

Service

Personal service

Documents requiring personal service to confer jurisdiction may not be served electronically and must be served conventionally.

(a) Jurisdiction. Electronic Service does not confer jurisdiction. Therefore, documents that require personal service to confer jurisdiction may not be served electronically and must be served in the conventional manner.

CRITICAL

Notice of the objection must be given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

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

CRITICAL

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

to recover, notice shall be given by the representative or his or her attorney to the persons named in paragraphs (a), (b), and (c) of section 2 of the Act, including persons furnishing hospital, medical, or funeral services to the decedent, unless payment for the services is shown.

CRITICAL

Service

Publication

If the person’s name or current post office address is unknown to the representative or attorney, notice must be published once in a county newspaper at least 14 days before the hearing unless the Court waives publication.

if the name or present post office address of the person is not known to the representative or his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the hearing, unless waived by the Court

CRITICAL

Applies to

Petition for supplemental probate proceeding

Supplemental proceedings must be initiated by petition in the probate proceeding and service of process as in other civil cases, except that personal-injury, wrongful-death, and other tort claims follow Rule 9.14.

Supplemental proceedings shall be invoked by filing a petition in the probate proceeding and serving process as in other civil cases, except that jurisdiction over claims for personal injury, wrongful death, or other torts shall be invoked as provided by Rule 9.14.

CRITICAL

Applies to

Written appearance

An SRL must serve copies of the appearance in the manner required for service of pleadings.

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

CRITICAL

Service

Personal service

A civil-contempt rule to show cause must be personally served at least five days before hearing unless otherwise ordered, and the hearing notice must contain the specified arrest warning.

A rule to show cause shall be personally served on the respondent unless otherwise ordered by the Court. Unless otherwise ordered by the Court, a rule to show cause shall be served on the respondent not less than five days before the hearing. A notice of the hearing on a rule to show cause shall include, in addition to the time, date, and place of hearing, the following words in bold type or underlined: “Your failure to appear at this hearing may result in the issuance of a warrant for your arrest.”

CRITICAL

An attorney must serve the appearance as pleadings are served and seasonably update its information.

The attorney shall serve copies of the written appearance in the manner required for the service of pleadings. The attorney must seasonably update information contained in the appearance.

WARNING

Applies to

Entry of appearance

An appearance may replace required notice if it states on its face that the signer read the petition, account, or report and approves the requested fees.

Entries of appearances will be accepted in lieu of any required notice if the appearance indicates on its face that the person executing the appearance has read the petition, account, or report and approves the fees requested.

WARNING

A copy of any permitted e-mail sent to a judge or other e-mail sent to a judge’s court reporter, specialist, or assistant should at the same time be sent to all opposing counsel and SRLs who have appeared in the case.

A copy of any permitted e-mail sent to a judge or other e-mail sent to a judge’s court reporter, specialist, or assistant should at the same time be sent to all opposing counsel and SRLs who have appeared in the case.

WARNING

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; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

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; the disclosing attorney or SRL should also prepare a receipt or acknowledgment to be signed by the receiving attorney or SRL indicating those materials supplied to or exhibited to him or her.

WARNING

When directed by the Court, the Clerk must notify the last known attorney of record, personal representative, or both of the time and place of a docket call.

Whenever the Court determines that a decedent’s estate or guardianship has remained inactive for a considerable time, the Court may direct the Clerk to place the case on a docket call, and the Clerk shall give notice, as directed by the Court, to the last known attorney of record or personal representative or both of the time and place of the docket call.

WARNING

When a defendant fails to appear or file a written appearance in response to a summons returnable on a date certain, the Court may find the defendant in default on the return date without further notice or proceeding.

If a defendant fails to file a written appearance or appear in person or through an attorney in response to a summons returnable on a date certain, the Court may find the defendant in default on the return date without further notice or proceeding.

WARNING

An attorney or self-represented litigant who submits a letter to the mediator must provide a copy to opposing counsel or the opposing self-represented litigant.

The attorney or SRL shall provide a copy of any letter to the opposing counsel or SRL.

WARNING

Before the first mediation session, counsel or an SRL may send the mediator a case-information letter and must copy opposing counsel or the SRL; the letter is not confidential.

Before the first mediation session, each attorney or SRL may submit a letter to the mediator providing information with regard to the case, including temporary or permanent orders that have been entered and a statement of the unresolved issues. The attorney or SRL shall provide a copy of any letter to the opposing counsel or SRL. The letter to the mediator shall not be confidential and may be disclosed by the mediator to both participants.

WARNING

Counsel or a self-represented party who plans 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.

WARNING

When filing a media-coverage request, the requestor must notify the court media liaison, counsel of record, and unrepresented parties at the same time.

At the same time as 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.

WARNING

The Court may, in its discretion, hear emergency motions and motions legally eligible for ex parte consideration without notice.

Emergency motions and motions that, by law, may be heard ex parte may, at the discretion of the Court, be heard without giving notice.

WARNING

Service

Electronic service

E-service is electronic transmission to a self-represented litigant, attorney, or representative, but it does not confer jurisdiction when law requires personal service.

“Electronic Service” and “E-service” mean and refer to an electronic transmission of documents to an SRL, attorney, or representative in a case. However, E- service shall not confer jurisdiction when personal service is required by law.

WARNING

When filing a written objection, the objector must notify the requestor, court media liaison, counsel of record, and unrepresented parties at the same time.

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.

WARNING

A party may request copies of subpoenaed materials, paying copying costs; the materials must be reproduced and forwarded no sooner than 10 days after receipt.

Any party may request copies of all materials obtained by a party pursuant to this Rule. Expenses of copying shall be borne by the party requesting copies, and the materials shall be reproduced and forwarded to the requesting party not less than 10 days following receipt of the subpoenaed materials.

INFO

The petitioner may notify the respondent before presenting the petition, but notice is not required unless the Court directs it.

The petitioner may give notice to the respondent before presenting a petition to the Court for issuance of a rule to show cause but is not required to give notice unless otherwise directed by the Court.