Circuit Court of Whiteside County, Illinois (14th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Applies to

Notice of hearing

The requesting party must give written hearing notice to the specified parties unless the Court excuses notice.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing 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 notice.

CRITICAL

Applies to

Notice of hearing

The notice must be served with copies of the written motion and accompanying papers, or a statement that those papers were previously served.

A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.

CRITICAL

Deadline

1 court days

Unless otherwise provided, notice delivered by personal service, facsimile, or email must be delivered at least one court day before the hearing.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion.

CRITICAL

Service

Mail

Notice sent by mail must be deposited in a United States Post Office or Post Office Box on the fourth court day before the motion hearing.

If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

CRITICAL

When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with the specified case, judge, hearing, and order information on parties not found in default, and file proof of service with the Clerk 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 judge who heard the motion, date of the 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 and proof of service thereon shall be filed with the clerk within two days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

CRITICAL

Applies to

Motion in limine and response

Copies of motions in limine and responses must be served on opposing counsel or any unrepresented party no later than seven days before the final pretrial conference.

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

CRITICAL

Deadline

6 court days

Unless the judge orders otherwise, the petitioner must serve the completed Rule 9(d) documents so the respondent receives them no later than six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

CRITICAL

Deadline

3 court days

The respondent must serve the completed documents so the petitioner receives them no later than three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

CRITICAL

The hearing notice must be given to all attorneys of record and all unrepresented parties.

Notice of hearing on this motion shall be given to all attorneys of record and to all parties not represented by an attorney.

CRITICAL

Applies to

Notice of hearing and petition

The hearing notice and petition must be served and returned under Supreme Court Rule 105(b), or, if directed by the Court, notice may be mailed by regular U.S. Mail to the respondent’s last known address.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or returned in the manner as provided in Supreme Court Rule 105(b) or, if the Court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, postage prepaid, to the respondent's last known address.

CRITICAL

The respondent must be served with the hearing notice and petition, and the service must be made of record as specified in Rule 21.3(c).

Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3 (c) of these rules.

CRITICAL

The motion and hearing notice must be served on counsel for all other parties, pro se parties, and the Arbitration Administrator, with a copy of the motion and hearing-time notice on the Supervising Judge for Arbitration’s calendar.

Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon on the calendar of the Supervising Judge for Arbitration, and shall likewise be served upon the Arbitration Administrator.

CRITICAL

A party may offer the listed documents in evidence without foundation or other proof if every other party receives at least 30 days’ written notice and a copy of the document.

If at least 30 days’ written notice of the intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:

CRITICAL

Written notice of intent to use expert opinion or testimony must be given to every other party at least 30 days before the hearing.

(d) Opinions of Expert Witnesses. A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than 30 days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert’s qualifications, the subject matter, the basis of the expert’s conclusions, and the expert’s opinion as well as any other information required by Rule 222(d)(6).

CRITICAL

Applies to

Notice of award

Service

Court service to all parties

The Clerk must serve the notice of award on every party who has filed an appearance.

The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.

WARNING

Notice by personal delivery, mail, email, or facsimile must follow Supreme Court Rule 11 as to manner and recipients.

Notice (whether personal delivery, mail, email, or facsimile) shall be given in the manner and to the persons described in Supreme Court Rule 11.

WARNING

Service

Mail

Matters subject to dismissal may be dismissed and stricken after 14 days’ notice by mail.

All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days notice by mail.

WARNING

Applies to

Notice of award

Service

Mail to all parties

The notice of award states that a copy is sent by prepaid regular mail to each appearing party at the party’s last known address or to the party’s attorney of record.

A copy of this NOTICE has on this date been sent by regular mail, postage prepaid, addressed to each of the parties appearing herein, a their last known address, or to their attorney of record.

CRITICAL

Applies to

Financial affidavit

Amendments to an inaccurate financial affidavit must be served as well as filed.

If the financial affidavit previously filed is no longer accurate, amendments shall be timely filed and served.

CRITICAL

The petitioner must provide the respondent a file-stamped copy on the filing day by email, facsimile, or hand delivery.

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date, then on the same day hand deliver a file stamped paper courtesy copy to the judge and to respondent via email, facsimile or hand delivery.

CRITICAL

For the specified filings made more than 30 days after the listed final orders, the matter is a new proceeding and service must be made on the party rather than a former attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/513, or a final order of maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

CRITICAL

Summons and the petition must be served on the county board chair and each board member at least 21 days before the hearing.

The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than 21 days prior to the hearing.

CRITICAL

Service

Personal service

Notice by personal service must be served at least seven days before the hearing.

Notice by personal service shall be served not less than seven (7) days prior to the hearing

CRITICAL

Service

Mail

Notice by U.S. Mail must be mailed at least ten days before the hearing.

notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing.

CRITICAL

Service

Mail

When notice is sent by regular U.S. Mail, proof of mailing must be made part of the record.

If notice is made by regular U.S. Mail, proof of mailing notice shall be made part of the record.

CRITICAL

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

A copy of the judgment shall be provided the contemnor.

CRITICAL

After all parties appear on the summons return date, the court assigns the earliest available arbitration hearing date and provides at least 60 days’ written notice to the parties or their attorneys of record.

Upon the return date of the summons and the court finding that all parties have appeared, the court shall assign an arbitration hearing date on the earliest available date thereafter, provided that not less than 60 days written notice be given to the parties or their attorneys of record.

WARNING

Notice of a request for additional relief must be given in accordance with Supreme Court Rule 11.

Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

WARNING

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

Service

Mail

The committee chair may direct the Clerk to mail hearing notice and the petition to other appropriate persons at least 21 days before the hearing, and the Clerk’s certificate of mailing must be made of record.

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first class postage thereon and depositing it in the United States Mail not less than 21 days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.