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

CRITICAL

A copy of the written appearance must be served on every other party who has appeared, using the method prescribed for service of pleading copies.

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

CRITICAL

Service

Mail to all parties

A judge may hear a case in a county where the judge does not regularly sit only with the stated approvals, Clerk notification, and mailed notice to all parties identifying the judge.

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.

CRITICAL

The party seeking a motion hearing must give written notice to appearing parties 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 given in 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

Service

Personal service

Personal service of hearing notice must occur before 4:00 p.m. on the second court day before the hearing; mail 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 cannot be heard sooner than ten days after service of its notice of motion.

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

Proof of service of post-hearing notice must be filed with the Clerk within two days after the hearing, and notice must follow Supreme Court Rule 11.

Proof of service thereof shall be filed with the Clerk within two days after hearing. Notice shall be given in the manner and to the persons prescribed by Supreme Court Rule 11.

CRITICAL

Orders to show cause may be served by personal service, regular mail to the respondent’s last known address as specified, or 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

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

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. 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.

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. 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

Each party must provide the opposing party a copy of the required settlement conference documents at least seven days before the 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

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

Motion hearing notice

The party seeking a motion hearing must give written hearing notice to appeared parties 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 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 of motion-hearing notice must occur before 4:00 p.m. on the second court day before the hearing; mailed notice follows 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

When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified hearing and order details on parties not in default 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 determined from the listed records, or by another reasonable means.

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

A written objection 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.

WARNING

The court may hear emergency and legally ex parte motions without calling them for hearing, and emergency motions should receive priority whenever possible.

Emergency motions and motions which by law may be made ex parte may, at the discretion of the court, be heard without calling the motion for hearing. Whenever possible, emergency motions shall be given priority.

WARNING

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

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).

INFO

A petitioner may give the respondent notice before presenting the petition, but advance 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.