Circuit Court of LaSalle County, Illinois (13th Judicial Circuit) Service and Proof of Service Rules

CRITICAL

Service

Mail

A claimant must mail or deliver the claim to the estate's legal representative and attorney of record, unless waived or consent is given in writing.

The claimant shall mail or deliver his claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or his attorney waives, in writing, the mailing or delivery of a copy of the claim or consents in writing to the allowance of the claim.

CRITICAL

Service

Publication

Service by publication must comply with 735 ILCS 5/2-206 and 5/2-207 as amended.

Service by publication shall be in accordance with 735 ILCS 5/2-206 and 5/2-207 as from time to time amended.

CRITICAL

Before presenting a petition for an order directing payment of court-deposited money by the county treasurer, notice must be given to the State's Attorney, the former representative and attorney, and all other persons entitled to notice under the proceeding's order.

(a) Notice Required. Before a petition is presented for an order directing the county treasurer to pay money deposited by order of court, notice shall be given to: 1) the State's Attorney 2) the former representative and his attorney; and 3) all other persons entitled to notice under any order entered in the proceeding.

CRITICAL

Applies to

Notice of hearing

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, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, proof of service 52 shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.

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, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, proof of service 52 shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.

CRITICAL

Applies to

Counterclaim

A counterclaim copy must be delivered or mailed by ordinary mail to the counterdefendant and the counterdefendant's attorney, and the hearing must be held at least 30 days afterward unless the delivery and 30-day period are waived in writing.

If a counterclaim is filed, a copy shall be delivered or mailed by ordinary mail to the counterdefendant and his attorney. A hearing on the counterclaim shall not be held less than 30 days after mailing or delivery of the counterclaim unless the counterdefendant or his attorney waives in writing the delivery or mailing and 30 day period.

CRITICAL

Proof must be placed of record for notice served personally, by mail, by third-party commercial carrier, by fax, or by email.

Proof of notice by personal service, mailing, delivery by third-party commercial carrier, fax or e-mail shall be made of record.

CRITICAL

Service

Mail

The claimant must file proof of mailing or delivery, or a waiver, with the clerk within 10 days after filing the claim.

The claimant shall file with the Clerk of the Court proof of mailing or delivery of the claim, or waiver thereof, within 10 days after filing the claim.

CRITICAL

Service

Mail to all parties

When an estate petition seeks an extension for other reasons, the court must set it for hearing and the clerk must mail hearing notice to interested estate persons, including unpaid creditors, at least 14 days before the hearing.

If the petition seeks an extension for any other reasons, the court shall set the petition for hearing and the clerk shall mail notice of the hearing to all persons interested in the administration of the estate, including all unpaid creditors, said notice to be mailed at least 14 days before the hearing date.

CRITICAL

When there is no surviving spouse or next of kin entitled to recover, notice of the settlement petition and hearing must be given to the persons specified by the Wrongful Death Act, including service providers whose payment is not shown.

(c) Notice of Hearing. If the decedent left no surviving spouse or next of kin entitled to recover, notice of the filing of a petition for settlement under the Wrongful Death Act and of the hearing thereon shall be given by the representative or his attorney to the persons named in paragraphs (a), (b), and (c) of Section 2 of that Act, including persons furnishing hospital, medical or funeral services for the decedent, unless persons payment for the payment for the services is shown.

CRITICAL

Applies to

Mediation notice

The mediation notice form must accompany and be served with the summons on defendant borrowers, with proof of service provided in the same manner as 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

Service

Publication

When a person's name or current post office address is unknown to the representative's attorney, notice must be published once in a newspaper of general circulation at least 14 days before the hearing unless the court waives notice.

If the name or present post office address of the person is not known to the representative of his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the date of the hearing, unless waived by the court.

CRITICAL

Service

Publication to clerk

A person or entity seeking jurisdiction by publication must provide all necessary documents, including mailing copies, to the Circuit Clerk.

The person or entity seeking to obtain jurisdiction by publication shall provide copies of all necessary documents to the Circuit Clerk, including copies for mailing.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction must be served conventionally and may not be served electronically.

Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically, but must be served in the conventional manner.

CRITICAL

Service

Electronic service

Electronic service must comply with Supreme Court Rule 12, is complete at the vendor-posted transmission time, and has the same legal effect as personal service.

E-service shall be made in accordance with Supreme Court Rule 12, and shall be deemed complete at the posted date and time of transmission listed by the E- service vendor. 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.

CRITICAL

At least 10 days' notice of the settlement hearing must be given to the surviving spouse and any next of kin who have not consented in writing.

(c) Notice of Hearing. At least 10 days notice of the hearing on the petition for the appointment and distribution of the proceeds of the settlement of an action for the death of a decedent shall be given to the surviving spouse and any next of kin who have not consented thereto in writing.

CRITICAL

Applies to

Rule to show cause

Service

Personal service

A rule to show cause must be personally served at least five days before the hearing unless the court orders otherwise for good cause shown.

(3) Service of Rules. A rule to show cause shall be personally served upon the respondent unless otherwise ordered by the court for good cause shown. Unless otherwise ordered by the court, a rule to show cause shall be served upon the respondent not less than five (5) days prior to hearing.

CRITICAL

Notice of a witness objection must be given to the requestor, court media liaison, all counsel of record, and parties appearing without counsel.

5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

CRITICAL

Proof of service for the petition, Financial Affidavit, and notice of hearing must be filed at least 14 days before the hearing.

Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen days (14) days prior to the hearing.

CRITICAL

Applies to

Financial affidavit

A responding party's proof of service must be filed at least seven days before the hearing.

The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.

CRITICAL

Service

Mail

For a contested claim, the court must order at least 10 days' regular-mail notice to the claimant before the hearing.

the court shall order at least ten (10) days notice to be given by regular mail to the claimant by the legal representative, the attorney for the estate, or the Clerk of the Court, as the court may direct.

CRITICAL

Documents must be served on parties who are not registered for e-filing or e-service in the manner provided by order, rule, or statute.

Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.

CRITICAL

Applies to

Account

Service

Personal service to all parties

Notice of a final or binding account hearing, accompanied by a copy of the account, must be given in person or mailed to the last known address at least 10 days before the hearing, or at least 14 days before the hearing for addresses outside the United States or Canada.

Notice to all other persons entitled to notice shall be given as follows: i. Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 10 days before the hearing except if the post office address of the person is outside of the United States or Canada, the notice shall be sent not less than 14 days prior to the hearing.

CRITICAL

Service

Personal service

Unless the court orders otherwise, personal, fax, and email notice must be made at least three days before the hearing, while mail and third-party commercial carrier notice must be made at least seven days before the hearing.

Service of Notice of Motion or Petition shall be in accordance with the Rules of Practice of the Circuit Court as provided in Part 2 of these Rules; that is, unless otherwise ordered by the Court, notice by personal service shall be made not less than three (3) days prior to the hearing, notice by U.S. Mail shall be made not less than seven (7) days prior to hearing, notice by third-party commercial carrier shall be made not less than seven (7) days prior to the hearing, notice by fax shall be made not less than three (3) days prior to the hearing and notice by e-mail shall be made not less than three (3) days prior to the hearing.

WARNING

Applies to

Citation notice

Service

Mail to all parties

When the clerk issues the required citation, the clerk must mail notice of the citation proceeding and its return date to all interested estate persons, including unpaid creditors.

At the time of the issuance of a citation required by this rule, the clerk shall mail notices of the pendency of the citation proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.

WARNING

An extended media coverage request must include notice to the court media liaison, counsel of record, and parties appearing without counsel.

Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.

WARNING

Service

Mail

The Jury Commission or Chief Judge must cause jury summonses to be served on all grand and petit jurors at least 30 days before service begins, and may serve them by prepaid U.S. Mail to voter-registration addresses.

(c) Jury Summons. The Jury Commission or Chief Judge shall issue and cause to be served a jury summons on all Grand Jurors and Petit Jurors at least thirty (30) days prior to the first day of service. Jury summons may be served by U.S. Mail, postage prepaid, to the address as listed in the voter registration files.

WARNING

Applies to

Pretrial memorandum

Service

Mail to opposing party

A copy of the plaintiff’s pretrial memorandum must be mailed to opposing counsel at least five days before the pretrial conference.

NOTE: The pre-trial conference must be attended by the attorney who will try the case. One copy of this memorandum shall be submitted to the court and one copy mailed to opposing counsel at least five (5) days prior to the conference. Please refer to Rule 3.6(c) of the Rules of Practice, 13th Judicial Circuit, concerning the requirements of a Summary Statement of Points and Authorities.

WARNING

An objection to extended media coverage must include notice to the requestor, court media liaison, counsel of record, and parties appearing without counsel.

Proper notice has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.

WARNING

Applies to

Notice

Service

Mail

If a periodic estate account is not timely filed, the clerk must mail the attorneys of record a notice that the account is due.

The Clerk shall mail to the attorneys of record in the estate a notice that the account is due.

WARNING

Service

Electronic service

Electronic service cannot confer jurisdiction when personal service is required by law.

However, E-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

INFO

Applies to

Notice to appear

Service

Personal service

For a hearing within 60 days after filing a family-law petition, the court may require a party's appearance by serving a notice to appear.

In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear.

CRITICAL

Proof of service for the petition, Financial Affidavit, and notice of hearing must be filed at least 14 days before the hearing.

Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen (14) days prior to the hearing.

CRITICAL

Applies to

Financial affidavit

A responding party must file the same Financial Affidavit and documentary evidence, together with proof of service, at least 7 days before the hearing.

The responding party shall file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.