12th Judicial Circuit Court, Will County, Illinois Service and Proof of Service Rules

CRITICAL

Applies to

Motion notice

Service

Mail to opposing party

Notice of the satisfaction motion must be mailed to the judgment creditor and the creditor's attorney at their last known address.

that notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known address.

CRITICAL

Applies to

Temporary guardian hearing notice

Unless the court waives notice, notice of the hearing must be mailed or delivered in person to the specified persons at least three days before the hearing.

Unless waived by the court, notice of the time and place of the hearing on a petition for temporary guardian shall be given by mail or in person to the alleged disabled person and to those persons whose names and addresses are listed in the petition for adjudication of disability and appointment of a guardian under Section lla-8, not less than three (3) days before the hearing.

CRITICAL

Applies to

Appointment order

Designated counsel must forward the appointment order to the child’s attorney, Guardian Ad Litem, or Childs Representative within five days after entry.

The designated counsel for the parties shall forward a copy of the appointment order within five (5) days of entry thereof to the Attorney for the child, the Guardian Ad Litem and / or the Childs Representative.

CRITICAL

The Attorney for the child, Guardian Ad Litem, or Childs Representative must be notified of all court appearances and conferences with the Judge.

Be notified of all Court appearances and conferences with the Judge and appear unless excused by the Court or by agreement of the parties including the Attorney for the Child, Guardian Ad Litem or Childs Representative.

CRITICAL

The copy of the motion and prior-service statement must be served with the hearing notice.

a copy of the motion and a statement that it has previously been served upon all counsel of record shall be served with the notice

CRITICAL

Applies to

Final account hearing notice

Unless waived by the person entitled to notice, notice of a hearing on a final or intended-to-be-binding account must be given to those entitled to notice, or to their listed representative when applicable.

- G. Unless waived by the person entitled thereto, notice of the hearing on a final account or an account intended to be binding under Section 24-2 shall be given to persons entitled to notice. If a person entitled to notice is represented by an attorney-at-law, attorney-in-fact, or consul or consular agent whose appearance is on file, notice as required for motions shall be given to the attorney-at-law, attorney-in-fact, or consul or consular agent.

CRITICAL

Applies to

Final guardian account hearing notice

Unless waived, notice of a hearing on a final or intended-to-be-binding guardian account must be given to specified claimants and other entitled persons, or to their attorney when applicable.

- (iv) Unless waived by the person entitled thereto, notice of the hearing on a final account or an account intended to be binding under Section 24-11(b) shall be given to each claimant whose claim is filed and remains undetermined or unpaid, and to other persons entitled to notice. If a person entitled to notice other than a ward is represented by an attorney whose appearance is on file, notice as required for motions shall be given to the attorney.

CRITICAL

Applies to

Account hearing notice

Notice of an account hearing, with a copy of the account, must be given at least 10 days before the hearing to specified distributees and all other persons entitled to notice.

- C. Ten (10) days notice of the hearing on an account, accompanied by a copy of the account, shall be given to any person entitled to a share of the estate who has not received his distributive share in full and to all other persons entitled to notice.

CRITICAL

Written notice of motion hearings must be given to the specified parties, except in actions on the daily trial call or during trial.

Except in actions appearing on the daily trial call or during the course of trial, written notice of the 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 notice.

CRITICAL

Applies to

Tax objection

The Clerk must transmit the objection and a conference-setting certification to specified county offices and give the objector a copy of the certification at filing.

Transmit copies of such objections the Offices of the State's Attorney, County Clerk and County Treasurer with a certification by the Clerk that the objection has been set for pretrial conference as hereinabove required. A copy of said certification to be given to the objector at the time of filing.

CRITICAL

The hearing notice and motion for additional presentation time must be served on counsel for all other parties, pro se parties as prescribed by the applicable rules, and the Arbitration Administrator.

The notice of hearing and motion shall be served upon counsel for all other parties and upon pro se parties as prescribed by Supreme Court Rules and the Rules of the Circuit Court of the 12th Judicial Circuit and upon the Arbitration Administrator.

CRITICAL

Applies to

Temporary guardian revocation hearing notice

Unless the court waives notice, notice of a temporary-guardian revocation hearing must be mailed or delivered in person to the specified persons at least three days before the hearing.

Unless waived by the court, notice of the time and place of the hearing on a petition to revoke the appointment of a temporary guardian shall be given by mail or in person to the temporary guardian, to the petitioner on whose petition the temporary guardian was appointed and to those persons whose names and addresses are listed in the petitions for adjudication of disability and appointment of a guardian under Section lla-8, not less than three (3) days before the hearing.

CRITICAL

Applies to

Income withholding for support

Provide notice to all parties when an Income Withholding for Support is served on the employer.

notice shall be provided to all parties.

CRITICAL

The parties must provide the Attorney for the child, Guardian Ad Litem, or Childs Representative copies of all court orders and pleadings.

Be provided copies of all Court orders and pleadings by the parties.

CRITICAL

Applies to

Rule or order

A Rule or order served on a nonparty must be served personally or by certified mail with return receipt requested and delivery to the addressee only.

Service of a Rule or order upon a person not a party to the action shall be made by personal service or by certified mail with return receipt requested and delivery to addressee only.

CRITICAL

The Clerk must send the Secretary of State a copy of an order rescinding a statutory summary suspension or granting a judicial driving permit by the end of the second business day after entry.

Upon the entry of an order rescinding a Statutory Summary Suspension, or granting a request for a Judicial Driving Permit, the Clerk of the Court shall send a copy of said order to the Secretary of State by the end of the second business day following the entry of the order.

CRITICAL

Applies to

Mediation notice

The mediation notice must be served on defendants with the summons, with proof of service as for the summons.

The Clerk shall furthermore provide a form, to be included with the summons, notifying the defendant borrowers of the mandatory mediation program, which form must be served upon the defendants with the summons and evidenced by a proof of service the same as the summons.

CRITICAL

Applies to

Public service work order

The Clerk must furnish the Defendant and State's Attorney a copy of each order imposing or requiring public service work.

The Clerk of the Court shall furnish to the Defendant and the State's Attorney a copy of each Order entered by the Court imposing a sentence of public service work or requiring public service work as a condition of Probation or Conditional Discharge.

CRITICAL

The petitioner's attorney must notify the investigating agency or officer of its appointment within seven days after the appointment order is filed.

The petitioner's attorney shall have the duty of notifying the investigating agency or officer of their appointment by the Court within seven (7) days after entry of the order appointing the agency is filed.

CRITICAL

A motion seeking discretionary disclosures must provide notice to the opposing party under the applicable Supreme Court and local rules.

Discretionary disclosures shall be applied for written motion with notice to the opposing party pursuant to Supreme Court and local Court rules.

CRITICAL

Notice must be given to the State's Attorney and any other persons directed by the court before the order directing payment is entered.

Before an order is entered directing the County Treasurer to pay money deposited by order of court, notice shall be given to the State's Attorney and to such other persons as the court directs.

CRITICAL

Notice to the defendant is mandatory.

Notice to the defendant is mandatory.

CRITICAL

Applies to

Counterclaim

A copy of a counterclaim must be delivered or mailed to the counter defendant and the defendant’s attorney unless either waives delivery or mailing in writing.

If a counterclaim is filed, a copy shall be delivered or mailed to the counter defendant and his attorney, unless the counter defendant or his attorney waives in writing the delivery or mailing.

CRITICAL

Applies to

Notice of subsequent filing or proceeding

After counsel's representation ends under this section, send notice of subsequent filings or proceedings to all individual parties of record.

Thereafter, any notice of a subsequent filing or initiation of subsequent proceedings shall be sent to all individual parties of record.

CRITICAL

Applies to

Motion notice

Notice of every motion must be given to each attorney who has filed an appearance.

Notice of all motions shall be given to each attorney whose appearance has been filed.

CRITICAL

Applies to

Foreclosure sale notice

Service

Mail to opposing party

The plaintiff's attorney must mail notice of the foreclosure sale's date, time, and location to all defendants, including those in default, at least 10 business days before the sale.

Not fewer than 10 business days before the sale, the attorney for the plaintiff shall send notice by mail to all defendants, including the defendants in default, of the foreclosure sale date, time, and location of sale.

CRITICAL

Applies to

Summons

The committee chairman must cause a summons and petition copy to be served on the County Executive and every County 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 County Executive and each member of the County Board not less than 21 days prior to the hearing.

CRITICAL

Due notice must have been given to the respondent before the Court may issue a Rule to Show Cause.

A. Upon the failure of a respondent to comply with a duly entered order of the Court or failure to appear in response to a Citation to Discover Assets and upon the filing of a verified petition or after hearing sworn testimony on an unverified petition, due notice having been given to the respondent, the Court may issue a Rule, which includes the date, time and location for hearing.

CRITICAL

Where a defendant is actually in custody of the Will County Adult Detention Facility on the date he / she missed a court date, no notice shall be required for a Bond Reduction Motion or a Motion to Quash the Warrant.

Where a defendant is actually in custody of the Will County Adult Detention Facility on the date he / she missed a court date, no notice shall be required for a Bond Reduction Motion or a Motion to Quash the Warrant.

CRITICAL

Service

Personal service

A body attachment against a nonparty may issue only if that person was personally served.

No body attachment issued pursuant to this rule against a person not a party to the action shall issue unless that person has been personally served.

CRITICAL

Applies to

Hearing notice

Notice of a hearing on a motion to defer mediation must be provided to all interested parties, the program Administrator, and any appointed mediator.

Notice of the hearing shall be provided to all interested parties, the Administrator of the mediation program, and any mediator who has been appointed.

CRITICAL

At least 14 days’ notice of a hearing on a petition to discharge a guardian or modify the guardian’s duties must be given to the disabled person’s nearest relatives in the specified order.

In addition to the requirements of the Probate Act, not less than fourteen (14) days notice of a hearing on a petition for discharge or modification of duties of a guardian of a disabled person shall be given to the nearest relatives of the disabled person in the following order: - (i) To the spouse and adult children, if any; or if none, - (ii) To the parents and adult brothers and sisters, if any; or if none, - (iii) To the nearest adult kindred.

CRITICAL

Notice to the defendant must be sent to the defendant's last known address shown in Court or Probation Department records.

Notice to defendant shall be at his last known address based on records of the Court and/or Probation Department;

CRITICAL

The investigating officer must notify petitioners' counsel when the investigation is complete.

The Investigating officer shall notify counsel for the Petitioners when the same is completed.

CRITICAL

On the State's Attorney's motion, the Court must direct the Clerk to notify the defendant and the defendant's attorney of the filing under the applicable Supreme Court Rule.

On Motion of the State's Attorney, the Court shall direct that the Clerk notify the defendant and his attorney of said filing pursuant to Supreme Court Rule.

CRITICAL

Within 45 days of the T.A.S.C. probation termination date, the Clerk must send the attorney of record and the defendant notice of the motion-to-vacate hearing.

The Clerk of the Court shall, within forty-five (45) days of the termination date, send notice of the hearing on the motion to vacate to the attorney of record and to the Defendant.

CRITICAL

Applies to

Rule to show cause

Service

Personal service

A Rule to Show Cause must be personally served on the respondent, except as provided in Rule 6.05.

The Rule to Show Cause shall be served personally upon the respondent as provided by 735 ILCS 5/2-203, except as provided in Rule 6.05.

CRITICAL

Applies to

Petition for rule to show cause

Give the Respondent notice of a Petition for Rule to Show Cause filing in accordance with the applicable Supreme Court and local rules.

Notice of the filing of Petition for Rule to Show Cause shall be given to a Respondent in accordance with Supreme Court Rule and the Twelfth Judicial Circuit's Local Rules.

CRITICAL

Service

Mail to all parties

Mediation notices must be mailed and recorded by court personnel assigned to the mediation program.

All notices shall be mailed and recorded by court personnel assigned to the mediation program.

CRITICAL

Notice of the hearing must be given at least 14 days beforehand unless the Court excuses the requirement.

Such notice shall be given at least 14 days before such hearing is held unless otherwise excused by the Court.

CRITICAL

After a motion is heard without prior notice, the attorney who obtained the order must serve a written notice containing the specified hearing and ruling information and file proof of service with the Clerk within two court 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 the hearing, and 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, and upon all parties whose time to appear had not expired on the date of hearing, and proof of service thereof shall be filed with the Clerk, within two (2) court days after the hearing.

CRITICAL

The hearing notice and postponement motion must be served on counsel for all other parties, pro se parties as prescribed by the applicable rules, and the Arbitration Administrator.

The notice of hearing and motion shall be served upon counsel for all other parties, upon pro-se parties as provided by Supreme Court Rule and Rules of the Circuit Court of the Twelfth Judicial Circuit and upon the Arbitration Administrator.

CRITICAL

If sale proceeds leave a surplus, the Plaintiff must send written notice to all parties stating the surplus amount and its disposition conditions, and enclose a form motion and petition for turnover.

If there is a surplus following application of the proceeds of sale, then the plaintiff shall send written notice pursuant to 735 ILCS 5/15-1512(d) to all parties to the proceeding advising them of the amount of the surplus and that the surplus will be held until a party obtains a court order for its distribution or, in the absence of an order, until the surplus is forfeited to the State, and enclose a form motion and petition for turnover of surplus funds.

CRITICAL

Applies to

Will

When letters of administration with the Will annexed are sought, the Will may be admitted only after notice is provided as required by Section 9-5.

Where letters of administration with the Will annexed are sought, the Will shall be admitted only after notice as provided in Section 9-5.

WARNING

Applies to

Rule to show cause

If the respondent appears pursuant to notice and the Court issues a Rule, the Court may direct that the respondent be served with it immediately.

B. If the Respondent appears pursuant to notice on the petition and the court issues a Rule, the Court may direct that the Respondent then and there be served with the Rule to Show Cause.

WARNING

The Court may, in its discretion, hear qualifying emergency or ex parte motions without prior notice or calling the motion for hearing.

Emergency motions and notices which by law may be made ex parte may, in the discretion of the court, be heard without giving prior notice and without calling the motion for hearing.

WARNING

Service

Mail

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.

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.

WARNING

Applies to

Rule to show cause

Service

Personal service

The Court may order an attachment after the respondent fails to appear following personal service of the Rule to Show Cause.

Upon the failure of the Respondent to appear pursuant to the personal service of a Rule to Show Cause in accordance herewith, the Court in its discretion may order the Clerk of the Court to issue an order of attachment (body order) with or without bond to have the defendant brought before the Judge issuing the order to show cause why he should not be held in civil contempt of Court.

WARNING

The attorney remains attorney of record for 30 days after entry of the original order; afterward, notice of the petition to revoke to that attorney is not mandatory.

The attorney of record shall continue to be of record until thirty (30) days after the entry of the original order. Thereafter, notice of the Petition to revoke to the attorney is not mandatory.

WARNING

After due proof that notice was served at the defendant's stated address, the defendant's failure to appear may lead to a warrant on the State's Attorney's motion.

Upon due proof of service of notice on defendant at his address described above, his failure to appear may cause, on Motion of the State's Attorney, a warrant to issue for his arrest.