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

CRITICAL

Proof of notice must be filed with the clerk on or before the hearing date.

Proof of such notice shall be filed with the clerk of this court on or before the date of the hearing.

CRITICAL

Service

Mail

The motion notice 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

Deadline

2 business days

Personal or facsimile notice of a hearing must be delivered at least two full business days or 48 hours before the hearing, whichever is greater, unless inconsistent with statute or an Illinois Supreme Court Rule.

The following provisions shall apply unless inconsistent with statute or Illinois Supreme Court Rule. 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.

CRITICALCivil cases

Applies to

Affidavit of amount due on order to show cause

The Affidavit of Amount Due on Order to Show Cause must be served 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

Hearing notice

Hearing notice for a final account or a current account intended to be binding 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:

CRITICALCriminal cases

Service

Mail

The clerk must mail notice to everyone listed on the certificate of service and to the requester, then file proof of mailing.

The clerk shall send notice to all listed on the certificate of service and to the requester and file proof of mailing.

CRITICAL

Service

Mail

A person residing outside the continental United States must receive notice by air mail at least 20 days before the hearing.

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

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

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

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

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 of the Probate Act as follows:

CRITICAL

Deadline

3 court days

Service

Mail

A mailed motion-hearing notice must be deposited with the United States Post Office or in a Post Office Box on or before 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.

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.

CRITICAL

Applies to

Extended media coverage request

When filing a request, the media requestor must simultaneously notify the court media liaison, counsel of record, and unrepresented parties.

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

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.

CRITICAL

When a motion heard without prior notice is denied, notice must be given in accordance with Rule 23(a).

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

The attorney obtaining an emergency or ex parte order without prior notice must serve written notice of the hearing on specified parties and file proof of service within 48 hours, except for the stated protection-order proceedings.

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.

CRITICAL

Copies of an appearance must be served using the method required for serving copies of pleadings.

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

CRITICAL

Financial affidavits must be served on all parties.

The financial affidavit(s) shall be served on all parties.

CRITICAL

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

Notice shall be given in the manner and to the persons described in Illinois Supreme Court Rules.

CRITICAL

Service

Publication

If a person’s name or residence is unknown and cannot be ascertained with due diligence, the executor or administrator must file an affidavit with the clerk and give notice by publication 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

Written objection to extended media coverage

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

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.

CRITICAL

Before presenting a petition to recover 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.

CRITICALCivil cases

A person seeking to depose a witness to a will must give court-directed notice of the hearing to each heir, legatee, and devisee whose name and address appear 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.

CRITICAL

Documents presented to the court with a motion must be served with the hearing notice, or the notice must state that the documents 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

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

CRITICAL

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

Written notice stating the hearing time, date, and place must be given for motions to specified parties, except in daily-trial-call or trial proceedings and as otherwise provided by statute.

Except in actions appearing on the daily trial call or during the course of trial, or as provided by statute, 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.

CRITICALCivil cases

Service

Personal service

Personal service of process must be used.

Personal service of process shall be utilized.

CRITICAL

Ordinary notice must be given at least 10 days before the hearing in the manner provided by Supreme Court Rule 105, except for publication notice and the separate air-mail rule for persons outside the continental United States.

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 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.

CRITICALCivil cases

Interested persons proposing cross-interrogatories must give court-directed notice of the hearing on them.

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

CRITICALCivil cases

Applies to

Demand

The 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.

CRITICAL

Applications for administrative-agency review must be served with process as provided by law.

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

Applies to

Alternate report date notice

The PCSO may provide an alternate report date directly to the detainee or by mail to the Defendant’s last known address; a detainee’s signature is not required for direct delivery, but the delivery or mailing date must be noted.

Any prior (or future) sentence to the PCJ with a report date of before September 28, 2020 is hereby suspended, with the Peoria County Sheriffs Office (PCSO) being given authority to provide an alternate report date thereafter to any Defendant, by delivering a copy of the new report date directly to the detainee (with or without signature of the detainee, but with note of such delivery by PCJ personnel) or by mail sent to the last known address of the Defendant by the PCSO with note of date of such mailing.

CRITICAL

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, where entitled, governmental 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

All heirs named in the petition must receive notice of the petition and the hearing’s time and place 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

The legal representative or attorney must serve notice of the dependency petition and hearing on the persons identified in 740 ILCS 180/2, including health-care or funeral-service providers unless payment for those 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

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

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

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.

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.

CRITICALCivil cases

Applies to

Hearing notice

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

Service

Personal service

The affidavit must be served with the petition, using personal service of process.

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

A demand on an executor, administrator, or guardian to pay money or deliver property must be written and served in the manner used for 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.

CRITICALCriminal cases

Within seven days after the required documents are filed, the circuit clerk must follow the certificate-of-service directions and sign the certificate.

Upon the filing of the required documents, the circuit clerk shall comply with the directions on the certificate of service within seven days and sign said certificate.

WARNING

Service

Mail

The Sheriff may notify any defendant to whom this Order applies of a new report date sent to the last known address of such defendant by regular mail.

The Sheriff may notify any defendant to whom this Order applies of a new report date sent to the last known address of such defendant by regular mail.

WARNING

Applies to

Notice of extended media coverage

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.

WARNING

Applies to

Calendar call notice

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.

WARNING

The serving party must provide one copy of written discovery documents 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.

WARNING

Applies to

Brief

The number of copies and service for briefs need only conform to Illinois Supreme Court Rule 11 and Tenth Circuit Rule 22.

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.

WARNING

A subpoena for document or tangible-thing production may issue to a location 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.