16th Judicial Circuit Court, Kane County Service and Proof of Service Rules

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Civil cases

Applies to

Summons

Service

Mail to opposing party ?

A summons form shall be served upon each defendant together with a copy of the complaint by any of the methods allowed by law. In SC cases only, service may be made by certified mail by the Circuit Court Clerk pursuant to the requirements of Supreme Court Rule 284.

Summary: Summons and complaint must be served by any legally allowed method; Small Claims cases may use certified mail via Circuit Court Clerk.

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Civil cases

Service

Personal service to other ?

Notice by personal service shall be made by 4:00 p.m. at least two (2) court days before the scheduled hearing.

Summary: Personal service of motion hearing notice must be made by 4:00 PM at least 2 court days before hearing.

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Civil cases

Service

Email to other ?

Notice by email (in the case of a self-represented litigant, provided he/she has designated an email address pursuant to SCR l1 and 131), or facsimile transmission (provided the party or attorney has consented to facsimile service pursuant to SCR 11) shall be made by 4:00 p.m. no later than three (3) court days preceding the scheduled hearing.

Summary: Email (pro se with designated email) or fax (with consent) notice of motion hearing must be made by 4:00 PM at least 3 court days before hearing.

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Civil cases

Service

Mail to other ?

Notice by mail shall be deposited in the mail with the U.S. Postal Service and postmarked at least five (5) court days before the scheduled hearing.

Summary: Mail notice of motion hearing must be postmarked at least 5 court days before hearing.

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Civil cases

Deadline

2 calendar days ?

Service

Other to other ?

If a motion is heard without prior notice under this rule, written notification of the hearing of the motion showing the caption and case number of the matter, the name of the judge who heard the motion, the date of the hearing, along with a copy of the motion and the order entered by the court at the hearing shall be served by the party or attorney obtaining the order upon all parties not found by the Court to be in default for failure to appear and/or plead, and proof of service thereof shall be filed with the Circuit Court Clerk within two (2) days after the hearing.

Summary: Ex-parte motion hearing notice must be served within 2 days of hearing, with proof of service filed within 2 days.

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Civil cases

Applies to

Brief ?

Service

Other to opposing party ?

Any writing in support of, or in opposition to, a motion shall be filed and served upon the opposing party.

Summary: Writings in support or opposition to a motion must be filed and served on opposing party.

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Civil cases

Service

Other to other ?

A copy of the motion and the notice of the date and time set for hearing shall be served upon the physician or expert, unless the physician or expert is a controlled expert under Supreme Court Rule 213.

Summary: Copy of physician/expert fee motion and hearing notice must be served on the physician/expert, except for controlled experts under Supreme Court Rule 213.

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Civil cases

NOTICE Prior to presentation of the Verified Petition for approval of the settlement of a cause of action, notice should be sent to the following persons or entities with regard to the minor, ward or disabled person: ( 1 ) The spouse, parents and adult siblings if any; or, if none: ( 2 ) Any appointed guardian if any; or, if none: Page 1 ===== PAGE 2 ===== Kane County Local Rule ( 3 ) Any person or facility with which the minor, ward or disabled person resides unless a consent signed by the entity entitled to notice is filed with the court or unless notice

Summary: Notice must be sent to designated family, guardian, or residence facility before presenting a petition for settlement approval, unless excused by the court.

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Civil cases

Service

Other

Pleadings, motions and other papers filed with the Circuit Clerk, and not served in compliance with Supreme Court Rules 11 and 12, may be stricken.

Summary: Pleadings, motions, and other papers not served in compliance with Supreme Court Rules 11 and 12 may be stricken.

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Civil cases

Applies to

First notice

Service

Personal service to opposing party ?

A First Notice describing the mediation program must be served on the defendant(s) in a residential eviction case with the summons (or alias summons) in a form approved by the Chief Judge.

Summary: First Notice must be served on defendants in residential eviction cases alongside the summons, in a Chief Judge-approved form.

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Civil cases

Deadline

14 calendar days ?

Service

Other to other ?

Notice of the petition shall be given not less than fourteen (14) days before the hearing on the petition for admission of the will to probate to each heir or legatee whose name and post office address is stated in the petition.

Summary: Notice of petition for will admission must be given to named heirs/legatees at least 14 days before hearing.

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Civil cases

Deadline

7 calendar days ?

Service

Mail to other ?

The personal representative or his/her attorney within seven (7) days shall mail copies of the schedules to each heir or legatee, (except any whose approval of the bond is on file) and file proof thereof with the clerk.

Summary: Within 7 days of bond approval, personal representative must mail bond schedules to heirs/legatees (excluding those who already approved) and file proof of mailing with clerk.

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Civil cases

Deadline

7 calendar days ?

Service

Other to other ?

The notice shall be given at least seven (7) days prior to the hearing by one of the methods as provided by Supreme Court Rules 11 and 12 except when notice is by publication; If the person resides outside of the United States, the notice shall be by one of the methods for service as provided in Supreme Court Rules 11 and 12 at least twenty-one (21) days prior to the date of hearing;

Summary: Notice of hearing on final/current account must be given 7 days prior for US residents, 21 days for non-US residents, via Supreme Court Rules 11/12 methods.

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Civil cases

Deadline

21 calendar days ?

Service

Publication to other ?

Notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in the County at least twenty-one (21) days prior to the date of hearing;

Summary: Notice to unknown heirs must be published in county newspaper at least 21 days before hearing.

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Civil cases

Deadline

0 calendar days ?

Service

Other ?

Proof of such notice shall be filed with the Circuit Court Clerk on or before the date of hearing;

Summary: Proof of notice for account hearing must be filed with clerk on or before hearing date.

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Civil cases

Service

Other to other ?

If a counterclaim is filed, a copy shall be delivered or mailed to the counter-defendant and his/her attorney.

Summary: Counterclaims must be served on counter-defendant and their attorney via delivery or mail.

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Civil cases

Service

Other to other ?

Unless notice has been excused by the Court, no less than five (5) days’ notice shall be made to all interested parties (including, without limitation, any co-representative, surety, unpaid claimant, beneficiary who has not received full distribution, and ward) of a representative’s petition to resign or of an interest person’s petition for removal of a representative.

Summary: At least 5 days' notice to interested parties required for representative resignation or removal petitions, unless excused by court.

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Civil cases

Service

Other to other ?

Unless notice is waived by the Court, ten (10) days notice of the filing of a final account of a representative who has resigned or whose letters have been revoked shall be given to his successor and to any other person entitled to receive notice.

Summary: 10 days' notice required for filing of final account by resigned or revoked representative, unless waived by court.

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Civil cases

Service

Other to other ?

To be entitled to have fees fixed on petition or to have credit for fees on any estate account, whether paid or to be paid, a personal representative must show disclosure of record of the fee dollar amount by signed consent from or notice to all interested persons as defined in 755 ILCS 5/1-2.11. If by notice, it shall state the time certain for hearing.

Summary: Personal representative must provide notice to interested persons of fee amount stating hearing time to have fees fixed or credited.

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Civil cases

Service

Other to other ?

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

Summary: Notice to State's Attorney and other designated persons required before order directing County Treasurer to pay court-deposited money.

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Civil cases

Service

Personal service to other ?

Electronic service is not capable of conferring jurisdiction. Therefore, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.

Summary: Documents requiring personal service to confer jurisdiction may not be e-served, must use conventional personal service.

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Civil cases

Deadline

1 business days ?

Required

Always ?

Service

Electronic service

E-file service shall be deemed complete at the posted date and time listed by the e-file vendor. However, for the purpose of computing time for any party to respond, any document filed on a day or at a time when the Clerk is not open for business is deemed to be served on the Clerk’s next business day. E-service via e-mail 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.

Summary: E-service deemed complete at vendor's posted time; for response timing, filed when Clerk closed deemed served next business day; e-mail e-service deemed complete first court day after transmission.

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Civil cases

Deadline

24 hours

Service

Other to other ?

The Petitioner in any proceeding which falls under (a) of this Rule shall serve upon the Kane County Board of Elections or the Aurora Election Commission, written notice of the filing of any such proceeding within twenty-four (24) hours of the filing of the petition.

Summary: Petitioners in judicial review of electoral board decisions must serve written notice of petition filing to the relevant election board within 24 hours of filing.

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Civil cases

Service

Other ?

Service shall be in accordance with Supreme Court Rules as in service summons.

Summary: Rules to Show Cause must be served in accordance with Supreme Court Rules for service of summons.

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Civil cases

Deadline

14 calendar days ?

Service

Personal service ?

Service upon the Defendant may be by Notice to Appear or Summons with an initial return date no less than fourteen (14) days and no more than thirty (30) days from the date of filing.

Summary: Defendants in allocated parenting time enforcement actions must be served by Notice to Appear or Summons with return date 14-30 days from filing.

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Civil cases

Applies to

Notice of intent to appear prove up ?

Following the entry of default, appropriate written notice of intent to appear for prove-up shall be sent to the respondent; and, proof of such service shall be filed at or prior to the prove-up.

Summary: Written notice of intent to appear for prove-up must be sent to respondent after default entry, with proof of service filed by prove-up.

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Civil cases

Deadline

30 calendar days ?

Applies to

Financial affidavit

Service

Other ?

Within thirty (30) days of the filing of the defendant’s general appearance or responsive pleading, the parties shall exchange the completed Financial Affidavit (Family & Divorce Cases) in accordance with and subject to the provisions of section 501 of the IMDMA.

Summary: Parties must exchange completed Financial Affidavit within 30 days of defendant's general appearance or responsive pleading.

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Civil cases

Service

Other ?

In pre-decree cases, no party shall be entitled to serve any request for discovery on another party until the requesting party has served the opposing party, or their attorney, with a fully completed copy of the Financial Affidavit (Family & Divorce Cases) with all corroborating documents attached.

Summary: In pre-decree cases, parties may not serve discovery requests until they have served the opposing party with a completed Financial Affidavit and corroborating documents.

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Civil cases

Service

Other to other ?

The Attorney for the Child, GAL or Child's Representative shall 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, GAL, or Child's Representative.

Summary: Attorneys for Children, GALs, and Child's Representatives must be notified of all court appearances and conferences with the Judge.

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Civil cases

Deadline

3 calendar days ?

Applies to

Pretrial memorandum

Service

Other

The parties shall exchange, BUT NOT FILE, at least three (3) days before the conference a pretrial memorandum setting forth: (1) The ages of the parties and duration of the marriage; (2) The ages of the parties’ children and any agreements relating to the Parenting Plan; (3) The income, assets and liabilities of the parties; and (4) Any other agreed or contested issues.

Summary: Parties must exchange pretrial memorandum 3 days before settlement conference; memorandum shall not be filed.

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Civil cases

Deadline

5 calendar days ?

Applies to

Appointment order

Service

Other to other ?

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 GAL and/or the Child's Representative.

Summary: Designated counsel must send a copy of the appointment order to the Attorney for the Child, GAL, or Child's Representative within 5 days of entry.

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Civil cases

Service

Mail to all parties ?

A copy of the report shall be sent to the parties and to the Presiding Judge of the Civil Division or to his/her designee.

Summary: Copy of mediator's report must be sent to parties and Presiding Judge.

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Civil cases

Service

Other to other ?

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

Summary: Parties not subscribed to e-file vendor must be served per Supreme Court Rule 12 for non-jurisdiction documents.

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Civil cases

Service

Other ?

A citation to discover assets may be served by either personal service or certified mail in conformance with Supreme Court Rules 277 (c) and 105 (b).

Summary: Citations to discover assets may be served via personal service or certified mail per Supreme Court Rules 277(c) and 105(b).

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Civil cases

Applies to

Proof of service

Service

Other ?

Proof of Service of discovery and responses thereto may be filed with the Circuit Clerk and upon filing will be prima facie evidence that such documents were served or answered.

Summary: Proof of service for discovery and responses may be filed with the Circuit Clerk, becoming prima facie evidence upon filing.

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Civil cases

Service

Electronic service to all parties ?

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.

Summary: Non-jurisdiction documents may be e-served via e-file vendor, responsibility on filing party/attorney.