Summons and Service of Process

• Author: Jennifer Duncan-Brice
• Pages: 313-348

9-313

Chapter 9

summons and serviCe of

ProCess

QUICK VIEW

Definition: “Service of Process” is the means by which the court acquires jurisdiction. It notifies those whose

rights or immunities are about to be affected by proposed action and vests jurisdiction in the court over persons

whose rights are involved in litigation.

Scope of Chapter: The general constitutional requirements of issuance and service of process; how to cause

summons to issue; how to obtain service of summons; alternatives to personal service; return and proof of ser-

vice of summons; challenges to service of summons and jurisdiction; sanctions for lack of diligence in obtaining

service of summons.

Strategies and Tactics: Although filing a complaint commences a lawsuit, jurisdiction over a party is obtained

only by proper service of process on the party. The penalties for lack of diligence in properly issuing and serving

summons can be severe, and include dismissal of the action.

Governing Rules and Statutes: 735 ILCS 5/2-201 through 5/2-213, 5/2-301; SCR 101-104

Related Topics: Personal Jurisdiction, Ch 7; Motion Practice, Ch 14; Attacking the Pleadings, Ch 15; Default

Judgment and Dismissal for Want of Prosecution, Ch 31.

Forms: See digital access for the following forms:

• Form 9:10, Summons Requiring Appearance on Specified Day.

• Form 9:20, Summons Requiring Appearance Within 30 Days After Service.

TABLE OF CONTENTS

I. Overview

§9:01 Purpose

§9:02 Actual Notice Neither Required nor Sufficient

§9:03 Effect of Service

§9:04 Service and Jurisdiction

§9:05 Forms of Process

IllInoIs PretrIal PractIce 9-314

II. Summons

A. Content

§9:10 Two Different Forms

§9:11 Specific Day Summons

§9:12 30-Day Summons

§9:13 Wrong Form Not Fatal

§9:14 Requirements for Valid Summons

§9:15 Direction to or Designation of Parties

§9:16 Proper Party Served by Wrong Name

§9:17 Date

§9:18 Clerk’s Signature and Seal

§9:19 Complaint Must Be Attached

§9:20 Special Rule: Marital Dissolution

§9:21 Amending Summons

B. Time Limits for Issuance and Service

1. ISSUANCE

§9:30 Issued on Plaintiff’s Request

§9:31 Duplicate Original Summons

§9:32 Expiration of Summons

§9:33 Alias Summons

§9:34 Added and Third-Party Defendants

2. SERVICE

a. Diligence in Effecting Service Required

§9:40 No Set Deadline for Service

§9:41 Dismissal for Lack of Diligence

§9:42 Dismissal Within Court’s Discretion

§9:43 Re-Filed or DWP Case

§9:44 Collateral Estoppel

§9:45 Extension for 2-622 Report in Medical Case

b. Defendant: Raising the Objection

§9:50 Motion to Dismiss

§9:51 Motion May Be Filed With General Appearance

§9:52 Caution: Waiver by Defending on Merits

c. Plaintiff: Responding to Objection

§9:60 Burden on Plaintiff

§9:61 What Constitutes Reasonable Diligence

§9:62 Case Examples: Reasonable Diligence Not Shown

§9:63 Case Examples: Reasonable Diligence Shown

III. Service of Summons Within Illinois

A. Who May Serve Process

§9:70 In General

§9:71 Sheriff or Coroner

§9:72 Private Persons

9-315 summons and servIce oF Process

§9:73 Appointment of Attorney

§9:74 Counties With Populations Less Than 1 Million

§9:75 Forcible Entry and Detainer: Population 3 Million or More

§9:76 Fees Taxed as Costs

§9:77 Private Detective Agency

B. Service on Individuals

1. GENERAL POINTS

§9:90 Methods

§9:91 Service on Minors

2. PERSONAL DELIVERY

§9:100 Personal Delivery to Defendant Required

§9:101 Delivery to Resister

§9:102 Resistance Is Prerequisite

§9:103 When Service Is Complete

§9:104 Fraudulent Service

§9:105 No Privileges Against Service

3. ABODE SERVICE

§9:110 Requirements

§9:111 Family Member or Resident

§9:112 Usual Place of Abode

§9:113 Address Must Be Current

§9:114 No Prerequisites for Abode Service

4. SERVICE ON AGENTS

§9:120 Attorney or Agent of Party

5. SERVICE PURSUANT TO SPECIAL ORDER

§9:130 Requirements

§9:131 Affidavit

C. Private Corporations

§9:140 Methods

§9:141 Registered Agents

§9:142 Other Corporate Agents

§9:143 Service Complete on Delivery to Agent

§9:144 No Abode Service

§9:145 Service on Trustee of Corporation or Receiver

D. Partners, Partnerships, and Unincorporated Associations

§9:150 Partnership Sued in Firm Name

§9:151 Partner Sued for Partnership Liability

§9:152 Nonresident Partner

§9:153 One Partner Served in Dual Capacity

§9:154 Personal Judgment Against Unknown Owner

§9:155 Service on Voluntary Unincorporated Associations

E. Public, Municipal, Governmental, and Quasi-Municipal Corporations

§9:160 Requirements

§9:161 Strict Compliance Required