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

CRITICAL

Service

Mail

Mail service of a subpoena may be prima facie proved with the specified delivery receipt and affidavit, including proof of certified or registered delivery at least 14 days before compliance is due.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least fourteen (14) days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage enclosed.

CRITICAL

Applies to

Account hearing notice

Notice must be given at least ten days before the hearing as provided by Supreme Court Rules, except publication notice and notice to a person outside the continental United States, which must be sent by airmail at least twenty days before the hearing.

The notice shall be given at least ten (10) days prior to the hearing in the manner, provided by Supreme Court Rules, except when notice is by publication as herein provided, and except whenever the person resides outside the continental limits of the United States, the notice shall be by airmail at least twenty (20) days prior to the date of the hearing.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for felony offenses issued in Winnebago 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 Winnebago County: All Felony offenses CF Nationwide

CRITICAL

In a default case, notice must be provided to the defaulted party under Local Rule 14.05.

In cases of default, notice to the defaulted party must be provided in accordance with Local Rule 14.05.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in family and juvenile cases issued in Boone 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 Boone County: All Family and Juvenile cases GR, PR, AD, D, DC, DN, F, FA, OP, J, JV, JA, and JD Within Illinois

CRITICAL

Deadline

10 business days

Subscribers and other participants must notify the other parties, Clerk, and Vendor of specified contact changes immediately and no later than ten business days before the change takes effect.

All subscribers and other participants must immediately, but not later than ten business days prior to when such a change takes effect, notify other parties, the Clerk, and the e-filing Vendor of any change of firm name, delivery address, fax number or e-mail address.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for the specified misdemeanor offenses issued in Winnebago 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 Winnebago County: Misdemeanor offenses of Domestic Battery, Violation of Order of Protection and DUI CM Within Illinois, Wisconsin, Indiana and Iowa

CRITICALCivil cases

Applies to

Written order or judgment

The party preparing the written order or judgment must serve it on all parties of record within seven days of the oral ruling.

The party preparing the written order or judgment shall serve it on all parties of record within seven (7) days of the oral ruling

CRITICAL

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

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 Civil cases L, LA, LM, AR, SC, CH, ED, FC, EV, TX, GC, MC, MR, and MH Within Illinois Counties of Winnebago and Boone

CRITICAL

Notice must be given to parties of record under Supreme Court Rule 104(b).

notice given to parties of record pursuant to Supreme Court Rule 104(b).

CRITICAL

Applies to

Fee or expense objection

Before closing the estate, an objector to a fee or expense must file a statement of objection with the clerk and serve notice of the filing on the claimant within ten days after filing.

If any fee or expense is objected to by the personal representative or by any other interested person having legal standing to object, prior to closing the estate, the objecting person shall file a statement reciting such objection with the clerk of the court and shall serve notice of such filing upon the person claiming such fee or expense within ten (10) days after such filing.

CRITICAL

The moving party must notify the other parties of the virtual hearing date and time and provide the Meeting ID and Zoom phone number.

2. The moving party provides notice to the other party(ies), to include notice of the virtual hearing date and time, with the Meeting ID, and Zoom phone number of (312) 626-6799, which may be used if the party is unable to join on a computer or smartphone.

CRITICAL

Notice of a petition to sell a ward’s personal or real property must be given to the ward and the guardian ad litem.

Notice of a Petition for Sale of a ward's personal or real property shall be given to the ward and to the guardian ad litem.

CRITICAL

Deadline

48 hours

Service

Mail to all parties

A copy of the subpoena and notice of service must be mailed first class to all appearing parties within 48 hours after issuance.

A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the action:

CRITICALCivil cases

Applies to

Motion for default

For a default judgment motion presentment date, proof of service on each defendant who is the subject of the motion must be on file with the Circuit Clerk.

With specific regard to motions for judgment (e.g., default or summary judgment), a party seeking a presentment date from the Clerk must have the following documents on file with the Circuit Clerk.: 2. Proof of service on any defendant who is the subject of a motion for default;

CRITICAL

If a party or its designee has not subscribed to a Vendor, service of other documents must follow Supreme Court Rule 12.

If a party or party's designee has not subscribed to a Vendor's services, service of all other documents are pursuant to Supreme Court Rule 12.

CRITICAL

Applies to

Petition to reopen hearing notice

Notice of a reopening hearing must be served under the rules for motion notice; if the petition seeks a different legal representative, notice must be served at least twenty days before the hearing on all persons with equal or superior administration or nomination rights.

Serving of notice of the hearing on the petition shall be made in accordance with rules governing notice of motions, except that if the petition seeks the appointment of a legal representative other than the one who was acting when the estate was closed, service of the notice shall be made not less than twenty (20) days before the hearing on all persons, entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner.

CRITICAL

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for the other specified criminal and misdemeanor offenses issued in Boone 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 Boone 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 Boone, Winnebago, DeKalb, Lee, McHenry, Ogle, and Stephenson

CRITICALCivil cases

Applies to

Supporting brief

Serve any supporting brief at the same time the motion is filed.

Any brief in support of the motion must be served at the same time the motion is filed.

CRITICAL

If the subpoena’s return date is not a previously scheduled court date, the requesting party must notify all parties of the new return date.

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

CRITICALCivil cases

Applies to

Court based rental assistance program notice

The Court-Based Rental Assistance Program notices must be served with the complaint.

Said notices shall be served with the complaint

CRITICAL

Deadline

1 court days

Service

Electronic service to all parties

Email e-service is complete on the first court day after transmission and is valid service on all parties with the same legal effect as personal service.

In accordance with Supreme Court Rule 12, e-service via email shall be deemed complete on the first court day following transmission by the e-file Vendor or party. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.

CRITICALCivil cases

Applies to

Case summaries and memoranda

Case summaries and memoranda submitted to the judge before a settlement conference must be shared with all parties of record, unless all parties agree in writing to confidential submission.

Case summaries and memoranda submitted to the judge prior to the settlement conference are to be shared with all parties of record unless all parties agree in writing that such material may be submitted to the judge confidentially.

CRITICAL

Applies to

Petition to reopen hearing notice

For a reopening petition by the former legal representative, hearing notice must be given as the court directs; for a petition by another interested person, notice must be given to the former legal representative and other persons directed by the court.

When the person seeking to reopen the estate is the former legal representative, such notice of the hearing on the petition shall be given as the court directs. When any other interested person seeks to reopen the estate, notice of the hearing shall be given to the former legal representative and to such other persons as the court directs.

CRITICALCivil cases

Applies to

Notice of hearing

The notice must be served with a copy of the motion or a statement that the motion was previously served.

A copy of the motion or a statement that it has previously been served shall be served with the notice.

CRITICAL

Notice must be given to parties of record when subpoenas or their returns are filed in criminal cases.

notice given to parties of record.

INFOCivil cases

Applies to

Discovery pleadings and responsive discovery documents

Service

Personal service

Discovery pleadings and responsive discovery documents may be served personally or by U.S. Mail.

Discovery pleadings including responsive discovery documents may be served personally or by U.S. Mail.

INFO

Applies to

Account hearing notice

Notice is not required for a person whose receipt showing payment in full is exhibited to the court or who appears in writing and waives notice.

No notice need be given to any person, from whom a receipt of payment in full is exhibited to this court, or who enters an appearance in writing and waives notice.