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Code · Illinois · Chapter 705 — COURTS · Act 405

Sec. 5-530. Notice.

685 words·~3 min read·/il/chapter-705/act-405/5-530

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Sec. 5-530. Notice.
(1)A party presenting a supplemental or amended petition or motion to the court shall provide the other parties with a copy of any supplemental or amended petition, motion or accompanying affidavit not yet served upon that party, and shall file proof of that service, in accordance with subsections (2), (3), and
(4)of this Section. Written notice of the date, time and place of the hearing, shall be provided to all parties in accordance with local court rules.
(2)(a) On whom made. If a party is represented by an attorney of record, service shall be made upon the attorney. Otherwise service shall be made upon the party.
(b)Method. Papers shall be served as follows:
(1)by delivering them to the attorney or party personally;
(2)by leaving them in the office of the attorney with the attorney's clerk, or with a
person in charge of the office; or if a party is not represented by counsel, by leaving them at the party's residence with a family member of the age of 10 years or upwards;
(3)by depositing them in the United States post office or post-office box enclosed in
an envelope, plainly addressed to the attorney at the attorney's business address, or to the party at the party's business address or residence, with postage fully pre-paid; or
(4)by transmitting them via facsimile machine to the office of the attorney or party,
who has consented to receiving service by facsimile transmission. Briefs filed in reviewing courts shall be served in accordance with Supreme Court Rule.
(i)A party or attorney electing to serve pleading by facsimile must include on the
certificate of service transmitted the telephone number of the sender's facsimile transmitting device. Use of service by facsimile shall be deemed consent by that party or attorney to receive service by facsimile transmission. Any party may rescind consent of service by facsimile transmission in a case by filing with the court and serving a notice on all parties or their attorneys who have filed appearances that facsimile service will not be accepted. A party or attorney who has rescinded consent to service by facsimile transmission in a case may not serve another party or attorney by facsimile transmission in that case.
(ii)Each page of notices and documents transmitted by facsimile pursuant to this
rule should bear the circuit court number, the title of the document, and the page number.
(c)Multiple parties or attorneys. In cases in which there are 2 or more minor-respondents who appear by different attorneys, service on all papers shall be made on the attorney for each of the parties. If one attorney appears for several parties, the attorney is entitled to only one copy of any paper served upon the attorney by the opposite side. When more than one attorney appears for a party, service of a copy upon one of them is sufficient.
(3)(a) Filing. When service of a paper is required, proof of service shall be filed with the clerk.
(b)Manner of Proof. Service is proved:
(i)by written acknowledgment signed by the person served;
(ii)in case of service by personal delivery, by certificate of the attorney, or
affidavit of a person, other than an attorney, who made delivery;
(iii)in case of service by mail, by certificate of the attorney, or affidavit of a
person other than the attorney, who deposited the paper in the mail, stating the time and place of mailing, the complete address which appeared on the envelope, and the fact that proper postage was pre-paid; or
(iv)in case of service by facsimile transmission, by certificate of the attorney or
affidavit of a person other than the attorney, who transmitted the paper 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.
(c)Effective date of service by mail. Service by mail is complete 4 days after mailing.
(d)Effective date of service by facsimile transmission. Service by facsimile machine is complete on the first court day following transmission.
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