Circuit Court of Wabash County, Illinois (2nd Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Applies to

Written appearance

A copy of the written appearance must be served on all other parties who have appeared, using the manner prescribed for serving copies of pleadings.

A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.

CRITICAL

The party seeking a hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Written notice of hearing of all motions shall be given 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 such notice, by the party seeking such hearing.

CRITICAL

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

Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.

CRITICAL

Deadline

2 court days

Applies to

Notice of motion

Service

Personal service

For personal service, notice of a motion hearing must be delivered before 4:00 p.m. on the second court day before the hearing.

If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.

CRITICAL

Applies to

Notice of hearing

After a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified case and hearing information on parties not in default 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, the date of 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. Proof of service thereof shall be filed with the Clerk within two days after hearing.

CRITICAL

Deadline

48 hours

Objections to an order to show cause must be served on the other party at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

Orders to show cause must be served personally, by regular mail to the respondent’s last known address, or by another reasonable means.

As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.

CRITICAL

The moving party must file the affidavit with proof of service pursuant to Supreme Court Rule 12, unless the court orders otherwise.

Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.

CRITICAL

The responding party must file the affidavit with appropriate proof of service.

Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Financial affidavit and settlement conference memorandum

A copy of each party’s financial affidavit and settlement conference memorandum must be provided to the opposing party at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

Applies to

Intent to repudiate

An intent to repudiate must be sent to the other party's attorney or, if unrepresented, to the party.

Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).

CRITICAL

The mediator must serve a copy of the report on all parties.

A copy of said report shall be served by the mediator upon all parties.

CRITICAL

Applies to

Appearance

A copy of the written appearance must be served on all other parties who have appeared, using the method prescribed for serving pleadings.

A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.

CRITICAL

Applies to

Motion hearing notice

The moving party must give written hearing notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.

Written notice of hearing of all motions shall be given 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 such notice, by the party seeking such hearing.

CRITICAL

Applies to

Motion hearing notice

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 prescribed in Supreme Court Rule 11.

CRITICAL

Deadline

2 court days

Applies to

Motion hearing notice

Service

Personal service

Personal-service notice must be delivered before 4:00 p.m. on the second court day before the hearing; mailed notice is governed by Supreme Court Rule 12(c).

If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion. Notice given by mail is governed by Supreme Court Rule 12(c).

CRITICAL

Applies to

Summary judgment motion

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

A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.

CRITICAL

Applies to

Post hearing motion notice

After a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case, judge, hearing, and ruling details on nondefaulting parties and file proof of service within two days.

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, the date of 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. Proof of service thereof shall be filed with the Clerk within two days after hearing.

CRITICAL

Applies to

Order to show cause

An order to show cause must be served personally, by regular mail to the respondent’s last known address, or by another reasonable means.

As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent’s last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.

CRITICAL

Deadline

48 hours

Applies to

Objection to order to show cause

Written objections to an order to show cause must be filed and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.

Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.

CRITICAL

Applies to

Matrimonial affidavit

The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with an ex parte petition, and include proof of service unless the court orders otherwise.

The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.

CRITICAL

Applies to

Response affidavit

The responding party must file an affidavit in substantially the same form at the pretrial conference or at least three days before a contested hearing, with proof of service.

The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.

CRITICAL

Applies to

Settlement conference submissions

Each party must file the required-form financial affidavit and settlement conference memorandum and provide the opposing party a copy at least seven days before the settlement conference.

Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.

CRITICAL

Applies to

Mediation report

The mediator must sign and file a written report identifying the mediation result within 14 days after mediation ends and serve a copy on all parties.

The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.

WARNING

Applies to

Notice

Service

Mail to all parties

A judge not regularly sitting in a county may hear a case only with the specified approval, clerk notification, and mailed notices to all parties identifying the judge, subject to the stated exception.

A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case.

WARNING

Applies to

Notice of motion

Notice of a motion made within a court day of trial must be given as the court directs.

Notice of motion made within a court day of trial shall be given as directed by the court.

WARNING

Applies to

Notice of motion

Service

Mail

The timing and requirements for notice by mail are governed by Supreme Court Rule 12(c).

Notice given by mail is governed by Supreme Court Rule 12(c).

WARNING

Applies to

Mediation order and case documents

After entry of a Mediation Order, the Circuit Clerk must mail or fax the order and specified case documents to the mediator.

Upon entry of a Mediation Order appointing a mediator, the Circuit Clerk shall: (a) Mail or fax a copy of the Order to the mediator together with copies of the following: (b) Record sheets and pleadings in dispute, and (c) Financial affidavits and pre-mediation questionnaires.

INFO

A petitioner may give the respondent notice before presenting the petition, but notice is not required.

The petitioner may, but is not required to, give notice to the respondent before presenting such a petition to the court for issuance of an order.

INFO

Parties may submit specified additional materials to the court and the opposing party at least seven days before the settlement conference.

Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference.