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

CRITICAL

Applies to

Appearance

A written appearance must be served on all other parties who have appeared, using the manner prescribed for service 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

Applies to

Notice of motion

The party seeking a motion hearing must give written hearing notice to the specified parties who are not in default and 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

Notice of motion

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

Personal service of a motion hearing notice must be completed 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 who obtained the order must serve written notice with the specified case, judge, hearing, and disposition information on parties not in default.

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.

CRITICAL

Applies to

Notice of hearing

Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.

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

CRITICAL

A copy of the written appearance must be served on all other parties who have appeared, using the method 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

Applies to

Settlement agreement

An oral or unsigned written settlement agreement not included in a pleading served on an absent party may be introduced only upon proof of service under Supreme Court Rule 105.

An oral or unsigned written agreement which is not included in the pleading served upon an absent party shall be introduced only upon proof of service upon the absent party pursuant to Supreme Court Rule 105 relating to additional relief against parties in default.

CRITICAL

Applies to

Notice of hearing

The moving party must give written hearing notice to appeared parties not in default and 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

Notice of additional relief

Notice of additional relief must be given in accordance with Supreme Court Rule 105.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105.

CRITICAL

Applies to

Notice of motion

Notice must be given using the manner and to 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 hearing

Service

Personal service

Personal service of a motion hearing notice must be completed 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

Proof of service

Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.

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

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

Deadline

48 hours

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

Moving party affidavit

The moving party's affidavit must be accompanied by proof of service pursuant to Supreme Court Rule 12, 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

Mediation order

After a Mediation Order appoints a mediator, the Circuit Clerk must mail or fax the Order and specified case materials 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.

CRITICAL

The mediator must transmit an agreement to the parties and every attorney of record when an agreement is reached under the specified conditions.

In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the agreement prepared by the mediator shall be transmitted to the parties and every attorney of record.

CRITICAL

The intent to repudiate must be sent to the other party’s attorney or, if that party is 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.

WARNING

Applies to

Notice of motion

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

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

Motion hearing notice given by mail is governed by Supreme Court Rule 12(c).

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

WARNING

Service

Mail to all parties

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.

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

The court directs how notice must be given for a motion made within a court day of trial.

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

WARNING

Applies to

Notice of hearing

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

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