17th Judicial Circuit Court, Winnebago County, Illinois Service and Proof of Service Rules

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for the specified misdemeanor offenses issued in Boone County may be served within Illinois, Wisconsin, Indiana, and Iowa.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: Misdemeanor offenses of Domestic Battery, Violation of Order of Protection and DUI CM Within Illinois, Wisconsin, Indiana and Iowa

CRITICAL

A person choosing a telephonic appearance must notify all parties with the motion notice or by fax, email, or, if those are unavailable, telephone at least 24 hours before the hearing.

Persons electing to make a telephonic appearance shall notify all parties of the same either contemporaneously with any written notice of motion or VIA TELEFAX OR EMAIL (OR, IF THE FORMER ARE UNAVAILABLE, BY TELEPHONE) NO LESS THAN 24 HOURS PRIOR TO THE SCHEDULED HEARING.

CRITICAL

Hearing materials must be exchanged between the parties before the proceeding.

Exhibits, papers or anything the judge would need to review at a hearing must be exchanged between the parties and shared with the Court no later than 4:30 p.m. three (3) business days in advance of the court proceeding.

CRITICALCivil cases

Deadline

2 court days

Applies to

Notice of motion

Serve notice of motion by 4:00 p.m. on the second court day before presentment; determine the effective service date under Supreme Court Rule 12.

Notice of motion is to be served no later than 4:00 p.m. on the second court day before the date of presentment of the motion. The effective date of service is to be determined as per Supreme Court Rule 12.

CRITICAL

Filings required by the progress-call rule must be provided to all parties of record, including guardians ad litem who have not waived notice.

All filings required by this rule shall be provided to all parties of record, including guardians ad litem, who have not waived notice.

CRITICAL

A guardian seeking discharge must give notice at least ten days before the application to unpaid claimants, specified heirs or estate representatives, the minor or disabled person when guardianship ends, an appointed guardian ad litem unless excused, and any successor guardian.

The guardian, seeking to be discharged, shall give notice at least ten (10) days prior to the date of such intended application: To all unpaid claimants; To the heirs at law of a deceased minor or disabled person or to any known acting administrator or executor of the deceased's estate; To the minor or disabled person in the event the guardianship is being terminated; To a guardian ad litem of the minor or disabled person who shall be appointed by the court to review the accounting of the guardian, unless excused by order of the court; and To any successor guardian.

CRITICAL

Counsel must submit the financial-issues summary to the mediator and opposing counsel at least 21 days before the initial session, and submit the specified financial materials and any requested documents to the mediator.

At least twenty-one (21) days prior to the initial mediation session, counsel for each party shall submit to the mediator and opposing counsel a brief written summary or statement of the pending financial issues. Financial Affidavits, Statement of Assets and Liabilities and other relevant financial information shall be submitted to the Mediator. If a Pre-Trial Memorandum was previously prepared, then copies of the same shall be submitted to the Mediator. In addition, the parties shall provide any additional documentation requested by the mediator.

CRITICAL

In Winnebago County, the original report and one copy must be delivered in a sealed, attorney-labeled envelope to the State’s Attorney’s Office, and copies for other attorneys of record must be delivered to the CASA Office.

In Winnebago County, the original report and one copy shall be delivered in a sealed envelope to the reception desk of the State’s Attorney’s Office located at the Juvenile Justice Center. Copies for all other attorneys of record shall be delivered to the CASA Office located at the Juvenile Justice Center. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.

CRITICAL

After the emergency or ex-parte hearing, the clerk must send documents requiring service to the Sheriff’s Department.

Following completion of the emergency/ex-parte hearing, the clerk shall enter the appropriate documentation into the Court’s case management system and shall send any documents needing service to the Sheriff’s Department.

CRITICAL

Before an order directing repayment of court-deposited funds is entered, notice must be served on the county state’s attorney, the attorney for and former legal representative, and any other persons directed by the court.

Before an order is entered directing the county treasurer to pay money theretofore deposited by order of court, notice shall be served on: The states' attorney of the county; The attorney for and the former legal representative; and Such other persons as the court directs.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in family and juvenile cases issued in Winnebago County may be served within Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Family and Juvenile cases GR, PR, AD, D, DC, DN, F, FA, OP, J, JV, JA, and JD Within Illinois

CRITICAL

Applies to

Guardian account hearing notice

Notice of the specified guardian-account hearing must be given as provided in subsection (a) to the listed minor or disabled person, guardian ad litem, unresolved or unpaid claimants, heirs or legal representative, and, where entitled, the specified Veterans Affairs attorney.

Notice of the hearing on final account of a guardian or of a current account that is intended to be binding pursuant to the Probate Act shall be given in the same manner as provided in section (a) of this rule to the minor or disabled person to whose estate the account relates, if living; to the guardian ad litem; to each claimant, whose claim has been filed and remains undetermined or unpaid; to the heirs at law or legal representative of a deceased minor or disabled person; and where entitled, to the chief attorney of the Administrator of Veterans Affairs.

CRITICAL

Applies to

Account hearing notice

Service

Publication

If a person’s name or residence is unknown or cannot be found with due diligence, the executor or administrator must file an affidavit and publish notice at least once in a county newspaper at least twenty days before the hearing.

Whenever the name or place of residence of any such person is unknown or upon due diligence cannot be ascertained, an affidavit to that effect shall be filed with the clerk of the court having jurisdiction of the probate or guardianship estate by said executor or administrator. Notice shall then be given to such person by publication thereof at least once in a newspaper of general circulation, published in the county where the probate or guardianship proceedings have been conducted, at least twenty (20) days prior to the date of the hearing.

CRITICALCivil cases

The party serving written interrogatories must provide a copy to each party to answer.

The party serving written interrogatories shall provide a copyto each party to answer the same.

CRITICAL

Applies to

Financial affidavit

Each party must serve their financial affidavit on the other party before any temporary financial hearing.

Each party shall file and serve on the other party his or her Financial Affidavit prior to any temporary financial hearing pursuant to Illinois Supreme Court Rule.

CRITICAL

The State must receive notice of a request for interim bond distribution.

Any request for an Interim Bond Distribution prior to the disposition of the case in which bond has been posted by a defendant shall be in made in a written motion, with notice to the State, identifying a specific need for the pre-disposition release of a specified amount of the defendant’s posted bond.

CRITICAL

Applies to

Marked jury instructions

Each party must provide the opposing party a set of marked jury instructions.

In addition, each party shall supply to the opposing party a set of “marked” instructions.

CRITICAL

Applies to

Trial memorandum

In jury cases, plaintiff's counsel must furnish opposing counsel a copy of the trial memorandum.

In jury cases to assist the court in its voir dire examination of jurors under Supreme Court Rule 234, plaintiff's attorney shall submit to the court at the time the case is called for trial a brief trial memorandum and furnish a copy to opposing counsel who may suggest amendments thereto.

CRITICAL

Parties of record must receive appropriate notice of a motion to impound.

All motions to impound a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for the other specified criminal and misdemeanor offenses issued in Winnebago County may be served only in the listed Illinois counties.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All other criminal and Misdemeanor offenses other than specified above CM, DV, DT, MT, TR, OV, QC, DV, CL, CC, and MX Within Illinois Counties of Winnebago, Boone, DeKalb, Lee, McHenry, Ogle, and Stephenson

CRITICAL

Deadline

3 business days

Required virtual-hearing documents and exhibits must be exchanged and courtesy copies provided to the Court by 4:30 p.m. three business days before the hearing.

1. Any Court documents or exhibits required for a virtual hearing shall be exchanged between the parties, courtesy copies to the Court, no later than 4:30 pm three business days before the virtual hearing.

CRITICAL

Parties of record must receive appropriate notice of a motion to seal.

All motions to seal a file, records or documents must be made in writing and presented to the judge assigned to hear the case with appropriate notice to all parties of record.

CRITICAL

Applies to

Guardian account hearing notice

For an entitled person other than the minor or disabled person who has an attorney with an appearance on file, motion notice must be sent to the attorney at least ten days before the hearing.

If a person entitled to notice other than the minor or disabled person is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than ten (10) days before the date set for the hearing.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in civil cases issued in Boone County may be served within the Illinois Counties of Boone and Winnebago.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Civil cases L, LA, LM, AR, SC, CH, ED, FC, EV, TX, GC, MC, MR, and MH Within Illinois Counties of Boone and Winnebago

CRITICAL

A party requesting a change to an arbitration hearing date must serve the motion and hearing notice on opposing counsel as other motions are served.

Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written motion with the office of the circuit clerk requesting such change. Such motion and notice of hearing thereon shall be served upon counsel for all other parties in the same manner as other motions

CRITICAL

Applies to

Civil warrant or body attachment

A warrant or body attachment resulting from a civil case is vacated if it is not served within one year of issuance, unless the issuing judge specifies a longer expiration date.

Any warrant or body attachment that resulted from a civil case and has not been served within one (1) year from the date the warrant was issued shall be vacated, unless the warrant bears a longer expiration date specified by the issuing judge.

CRITICAL

When the subpoena’s return date is not a previously scheduled court date, the party seeking it must notify all parties of the newly set return date.

If the date for the return of subpoena duces tecum was not on a previously set court date, the party seeking its issuance shall send notice to all parties indicating the new court date set specifically for the return on the subpoena.

CRITICAL

In Boone County, reports, including the original and a copy for each attorney of record, must be delivered in a sealed, attorney-labeled envelope to the Juvenile Department of the Circuit Clerk’s office.

In Boone County such reports, including the original and a copy for each attorney of record, shall be delivered in a sealed envelope to the Juvenile Department of the Circuit Clerk’s office. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.

CRITICAL

Service

Electronic service to all parties

Other documents may be served electronically through the Vendor, and the filing party or attorney is responsible for completing that service through the Vendor’s system.

All other documents may be served upon the other parties or their representatives electronically through the e-file Vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the Vendor's system.

CRITICAL

Service

Publication to opposing party

The mediation notice must be served with the complaint, or mailed to the property address before the first publication date when service is by publication.

The Notice of Mediation shall be attached to, and served with, the complaint served upon the homeowner/borrower (hereinafter referred to as the “Homeowner”). Where service upon a Homeowner is made by publication, the Notice of Mediation is to be mailed by the plaintiff to the property address before the first date of publication.

CRITICAL

Applies to

Temporary guardian appointment notice

Service

Mail

Within seven days, a certified copy of the appointment order must be served on a ward older than twelve, and certified-mail notice of the appointment must be given to persons entitled under the cited Probate Act sections; notice and summons may be waived at the court’s discretion.

Notice and summons may, in the court's discretion, be waived, however a certified copy of the order appointing the temporary guardian shall be served upon a ward over the age of twelve (12) years within seven (7) days. Notice of the appointment of the temporary guardian also shall be given, within seven (7) days, by certified mail, to all persons entitled to receive notice under the Probate Act secs. 11-10.1 or 11a-10(f).

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for felony offenses issued in Boone County may be served nationwide.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Felony offenses CF Nationwide

CRITICAL

Applies to

Document requiring personal service

Service

Personal service

Electronic service cannot substitute for personal service when personal service is required, including for original process or a rule to show cause.

Where any document must be personally served, such as original process, a rule to show cause, etc., electronic service is not intended as a substitute for personal service.

CRITICAL

Applies to

Contested motion

Contested motions must be served on all parties under the Supreme Court Rules, and a motion slip using Appendices F and G must be filed with the circuit clerk's general division by noon the day before the hearing.

Contested motions which have been served upon all parties in accordance with Supreme Court Rules shall be heard before the assigned judge by filing a motion slip Appendix F and Appendix G in the office of the circuit clerk, general division, by 12:00 noon of the day before the motion is to be heard.

CRITICAL

Applies to

Statement of assets and liabilities

In contested property-division or related modification proceedings, each party must serve the other with a substantially Appendix V-compliant Statement of Assets and Liabilities within 90 days after the original pleading is filed, unless the court and all parties of record agree to waive the requirement.

In all contested proceedings concerning division of property and/or modification of any orders relating thereto, each party shall serve on the other, pursuant to Supreme Court Rules or these rules, a Statement of Assets and Liabilities, substantially as set forth in Appendix V, within 90 days of the filing of the original pleading. The requirements of this rule may be waived by agreement of the court and all parties of record.

CRITICAL

For subpoenaed materials protected by HIPAA privacy rules, the requesting party must notify the person who holds the privacy privilege of the subpoena’s issuance.

In cases where the documents, objects, or tangible things sought are protected under the privacy rules of the Federal Health Insurance Portability and Accountability Act (HIPAA), the party seeking the items shall give notice of the issuance of the subpoena, in accordance with subsection (e), to the person who holds the privacy privilege to the documents, objects, or tangible things involved.

CRITICAL

Deadline

7 business days

Each designated attorney must obtain the reports at the county drop-off location no later than seven business days before the hearing.

Each designated attorney shall obtain said reports within seven (7) business days prior to said court hearing at the drop off location in each county, detailed above.

CRITICAL

Service

Email

Plaintiffs must email proof of summons service to the Program Administrator within seven calendar days and include the specified service details; publication service runs from its first publication date.

Within 7 calendar days of service of process on each Homeowner defendant in a residential foreclosure case, the plaintiff shall provide proof of service of the Summons to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it.. Proof of service shall at a minimum identify the names of the served parties and provide the dates, locations, and methods of service for each. Plaintiffs may fulfill this requirement by emailing a copy of the file-stamped service returns to the Program Administrator. When service upon a Homeowner is made by publication, the plaintiff shall provide proof of service within 7 calendar days of the first date of publication.

CRITICAL

Service

Electronic service

The Vendor must maintain and immediately update each case’s e-service list and use the current list when serving documents.

The e-filing Vendor is required to maintain an e-service list for each e-filed case. The Vendor shall immediately update the service list upon being given notice of new contact information. Whenever a document is submitted for service upon other parties by the e-filing Vendor's system, the e-filing Vendor shall use the most current e-service list to perform service.

CRITICAL

Applies to

Motion response

An opposing party who files a motion response with the Clerk must provide a copy and notice to the other parties.

3. If an opposing party files a response to the Motion with the Clerk, they shall provide a copy of the response and provide notice to the other party(ies).

CRITICAL

Give the defaulting party notice of the default hearing 7 to 30 days in advance, unless the court excuses notice for good cause.

Notice of default for entry of judgment for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be given to the defaulting party not less than seven (7) days and not more than thirty (30) days in advance of such default hearing, unless excused by the court for good cause shown.

CRITICALCivil cases

Applies to

Written order or judgment

A preparer using the no-objection submission procedure must provide proof that all parties received true copies within seven days of the oral ruling.

with a proof of service reflecting that all parties of record were served with true copies of the order or judgment within seven (7) days of the oral ruling

CRITICAL

Applies to

Document in criminal case

Unless waived, documents in criminal cases must be served on an unrepresented pro se defendant as provided by rule or statute.

Service of documents in criminal cases to pro se defendant who it not represented by counsel shall, unless waived, be made as otherwise provided by rule or statute.

CRITICAL

Applies to

Account hearing notice

Notice of the specified account hearing must be written and accompanied by a copy of the account, except when notice is by publication.

Such notice shall be in writing, accompanied by a copy of the account, except where notice is to be given by publication.

CRITICALCivil cases

Written notice of a motion’s presentment or hearing date must be served on the specified parties, except when the court sets the hearing in a party’s or counsel’s presence.

Written notice of the presentment or hearing date for all motions shall be served on to all parties who have appeared and have not been found by the court to be in default and to all parties whose time to appear has not expired on the date of notice. Written notice is not required when the court has set the hearing in the presence of a party or counsel.

CRITICAL

Applies to

Account hearing notice

If an entitled person is represented by a listed representative or guardian ad litem, motion notice must be sent to that representative at least ten days before the hearing.

If a person entitled to notice is represented by a representative of a foreign country or an attorney-in-fact or an assignee whose appearance is on file, or guardian ad litem, notice as required for motions shall be sent to such representative, not less than ten (10) days before the date set for hearing.

CRITICAL

Subpoenas issued under this rule must be served in accordance with the Supreme Court Rules.

Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.

CRITICAL

Deadline

14 business days

Statutorily or court-required reports must be delivered at least 14 business days before the hearing for which they are prepared.

All reports required by statute or by order of court shall be delivered no later than fourteen (14) business days prior to the date of the hearing for which the report is prepared, and shall include a cover sheet as set forth in Appendix QQ.

CRITICAL

Notice of a virtual prove-up must be provided to the opposing party in accordance with Supreme Court Rules 11 and 12.

2. Virtual Prove-Ups. Prove-up hearings for cases with agreed Judgements of Dissolution may be scheduled to be heard in a Virtual Courtroom. Notice must be provided to the opposing party in accordance with Supreme Court Rules 11 and 12.

CRITICAL

Deadline

3 business days

Applies to

Prove up packet

Prove-up packet documents must be exchanged by 4:30 p.m. three business days before the hearing unless an e-filing waiver is granted.

1. Prove-up packets shall be submitted through eFileIL as separate documents in the same e-filing envelope and exchanged by 4:30 pm three business days before the hearing, unless E-Filing Waiver is granted.