In the Illinois Supreme Court of Illinois Rule 12

December 17, 2014 § Leave a comment

M.R. 3140
IN THE
SUPREME COURT
OF
THE STATE OF ILLINOIS
Order entered September 19, 2014.
(Deleted material is struck through and new material is underscored.)
Effective immediately, Supreme Court Rules 12 and 373 are amended, as follows.
Amended Rule 12
Rule 12. Proof of Service in the Trial and Reviewing Courts; Effective Date of Service
(a) Filing. When service of a document is required, proof of service shall be filed with the clerk.
(b) Manner of Proof. Service is proved:
(1) by written acknowledgment signed by the person served;
(2) in case of service by personal delivery, by certificate of the attorney, or affidavit of a person, other than an attorney, who made delivery;
(3) in case of service by mail or by delivery to a third-party commercial carrier, by certificate of the attorney, or affidavit of a person other than the attorney, who deposited the document in the mail or delivered the document to a third-party commercial carrier, stating the time and place of mailing or delivery, the complete address which appeared on the envelope or package, and the fact that proper postage or the delivery charge was prepaid; or
(4) in case of service by mail by a pro se petitioner from a correctional institution, by affidavit, or by certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109 (West 2012)) of the person who deposited the document in the institutional mail, stating the time and place of deposit and the complete address to which the document was to be delivered;
(4) (5) in case of service by facsimile transmission, by certificate of the attorney or affidavit of a person other than the attorney, who transmitted the document via facsimile machine, stating the time and place of transmission, the telephone number to which the transmission was sent, and the number of pages transmitted.
(5) (6) in case of service by e-mail, by certificate of the attorney or affidavit of a person other than the attorney who transmitted the document via e-mail, stating the time and place of transmission to a designated e-mail address of
2
record.
(c) Effective Date of Service by Mail. Service by mail is complete four days after mailing.
(d) Effective Date of Service by Delivery to Third-Party Commercial Carrier. Service by delivery to a third-party commercial carrier is complete on the third business day after delivery of the package to the third-party carrier.
(e) Effective Date of Service by Facsimile Transmission. Service by facsimile machine is complete on the first court day following transmission.
(f) Effective Date of Service by E-mail. Service by e-mail is complete on the first court day following transmission.
Amended effective July 1, 1971, and July 1, 1975; amended October 30, 1992, effective November 15, 1992; amended December 29, 2009, effective immediately; amended Dec. 21, 2012, eff. Jan. 1, 2013; amended Jan. 4, 2013, eff. immediately; amended September 19, 2014, eff. immediately.
Amended Rule 373
Rule 373. Date of Filing Papers in Reviewing Court; Certificate or Affidavit of Mailing
Unless received after the due date, the time of filing records, briefs or other papers required to be filed within a specified time will be the date on which they are actually received by the clerk of the reviewing court. If received after the due date, the time of mailing, or the time of delivery to a third-party commercial carrier for delivery to the clerk within three business days, shall be deemed the time of filing. Proof of mailing or delivery to a third-party commercial carrier shall be as provided in Rule 12(b)(3). This rule also applies to a motion directed against the judgment and to the notice of appeal filed in the trial court.
Amended January 5, 1981, effective February 1, 1981; amended July 1, 1985, effective August 1, 1985; amended December 17, 1993, effective February 1, 1994; amended December 29, 2009, effective immediately; amended September 19, 2014, eff. immediately.

Advertisements

Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

What’s this?

You are currently reading In the Illinois Supreme Court of Illinois Rule 12 at Will County Pro-se.

meta

%d bloggers like this: