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

CRITICAL

Deadline

48 hours

Applies to

Objection to order to show cause

Unless the court orders otherwise, a written objection to an order to show cause must be filed and served at least 48 hours before the hearing.

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

Applies to

Notice of motion

After a motion is heard without prior notice, the attorney obtaining the order must serve notice containing specified case and hearing information on all non-default parties and file proof of service within two days after 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 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

Notice of motion

Service

Personal service

Personal service of a motion-hearing notice must occur before 4:00 p.m. on the second court day before the hearing.

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.

CRITICAL

Deadline

48 hours

Applies to

Objections to order to show cause

Written objections to an order to show cause must be filed and served 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

Applies to

Affidavit

Proof of service under Supreme Court Rule 12 must accompany the moving party's affidavit unless the court orders otherwise.

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.

CRITICAL

Applies to

Notice of motion

The party seeking a motion hearing must give written notice to all appeared, non-default parties and all 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

Service

Personal service

Personal service of a motion-hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.

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.

CRITICAL

An order to show cause must be served by personal service, regular mail to the respondent's last known address, or another reasonable means.

(c) Service of Order. 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

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

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

CRITICAL

Applies to

Post hearing notice

After an unnoted motion hearing, the attorney obtaining the order must serve written notice containing the specified case, judge, hearing, and disposition information on all non-default parties.

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.

CRITICAL

The intent to repudiate must be sent to the opposing attorney, or directly to the opposing party if that party is 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).

CRITICAL

An oral or unsigned matrimonial settlement agreement not included in the pleading served on the absent party may be introduced only with proof of service under Supreme Court Rule 105.

An oral or unsigned written agreement which is not included in the pleading served upon an absent party shall be introduced only upon proof of service upon the absent party pursuant to Supreme Court Rule 105 relating to additional relief against parties in default.

CRITICAL

Applies to

Affidavit

The responding party's affidavit must include appropriate proof of service.

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

Applies to

Order to show cause

Service

Personal service

An order to show cause may be served personally, by regular mail to the respondent's last known address, or by 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

Applies to

Proof of service

Proof of service of the post-hearing motion notice must be filed with the clerk within two days after the hearing.

Proof of service thereof shall be filed with the Clerk within two days after hearing.

CRITICAL

The party seeking a motion hearing must give written notice to each appearing non-default party and each party 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 to the persons and in the manner prescribed by Supreme Court Rule 11.

Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.

CRITICAL

Applies to

Proof of service

A responding party must file a substantially same-form affidavit and appropriate proof of service at the pretrial conference or at least three days before a contested hearing.

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.

WARNING

Applies to

Settlement agreement

Each party must receive a copy of the written settlement agreement.

Each party shall receive a copy of such agreement.

WARNING

Applies to

Mediation report

The mediator must serve a copy of the mediation report on all parties.

A copy of said report shall be served by the mediator upon all parties.

WARNING

Applies to

Mediation order

Service

Mail

After entry of a mediation order, the Circuit Clerk must mail the order and specified supporting documents to the appointed mediator.

Upon entry of a Mediation Order appointing a mediator, the Circuit Clerk shall: (a) Mail or fax a copy of the Order to the mediator together with copies of the following: (b) Record sheets and pleadings in dispute, and (c) Financial affidavits and pre-mediation questionnaires.