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Illinois Rules of Civil Procedure
Because the rules of civil procedure
may change from time to time, please
check the
Illinois Courts website for
updated and complete rules of civil procedure in
Illinois.
Rules of Civil Procedure in
Illinois:
Chapter 735. Civil Procedure
735 ILCS 5/2-201. Commencement
of actions - Forms of process.
1. Every action, unless otherwise
expressly provided by statute, shall
be commenced by the filing of a
complaint. The clerk shall issue
summons upon request of the
plaintiff. The form and substance of
the summons, and of all other
process, and the issuance of alias
process, and the service of copies
of pleadings shall be according to
rules.
2. One or more duplicate original
summonses may be issued, marked
"First Duplicate," "Second
Duplicate," etc., as the case may
be, whenever it will facilitate the
service of summons in any one or
more counties, including the county
of venue.
735 ILCS 5/2-202. Persons
authorized to serve process; Place
of service; Failure to make return.
1. Process shall be served by a
sheriff, or if the sheriff is
disqualified, by a coroner of some
county of the State. A sheriff of a
county with a population of less
than 1,000,000 may employ civilian
personnel to serve process. In
counties with a population of less
than 1,000,000, process may be
served, without special appointment,
by a person who is licensed or
registered as a private detective
under the Private Detective, Private
Alarm, Private Security, and
Locksmith Act of 1993 or by a
registered employee of a private
detective agency certified under
that Act. A private detective or
licensed employee must supply the
sheriff of any county in which he
serves process with a copy of his
license or certificate; however, the
failure of a person to supply the
copy shall not in any way impair the
validity of process served by the
person. The court may, in its
discretion upon motion, order
service to be made by a private
person over 18 years of age and not
a party to the action. It is not
necessary that service be made by a
sheriff or coroner of the county in
which service is made. If served or
sought to be served by a sheriff or
coroner, he or she shall endorse his
or her return thereon, and if by a
private person the return shall be
by affidavit.
(a - 5) Upon motion and in its
discretion, the court may appoint as
a special process server a private
detective agency certified under the
Private Detective, Private Alarm,
Private Security, and Locksmith Act
of 1993. Under the appointment, any
employee of the private detective
agency who is registered under that
Act may serve the process. The
motion and the order of appointment
must contain the number of the
certificate issued to the private
detective agency by the Department
of Professional Regulation under the
Private Detective, Private Alarm,
Private Security, and Locksmith Act
of 1993.
2. Summons may be served upon the
defendants wherever they may be
found in the State, by any person
authorized to serve process. An
officer may serve summons in his or
her official capacity outside his or
her county, but fees for mileage
outside the county of the officer
cannot be taxed as costs. The person
serving the process in a foreign
county may make return by mail.
3. If any sheriff, coroner, or other
person to whom any process is
delivered, neglects or refuses to
make return of the same, the
plaintiff may petition the court to
enter a rule requiring the sheriff,
coroner, or other person, to make
return of the process on a day to be
fixed by the court, or to show cause
on that day why that person should
not be attached for contempt of the
court. The plaintiff shall then
cause a written notice of the rule
to be served on the sheriff,
coroner, or other person. If good
and sufficient cause be not shown to
excuse the officer or other person,
the court shall adjudge him or her
guilty of a contempt, and shall
impose punishment as in other cases
of contempt.
4. If process is served by a sheriff
or coroner, the court may tax the
fee of the sheriff or coroner as
costs in the proceeding. If process
is served by a private person or
entity, the court may establish a
fee therefor and tax such fee as
costs in the proceedings.
5. In addition to the powers stated
in Section 8.1a of the Housing
Authorities Act, in counties with a
population of 3,000,000 or more
inhabitants, members of a housing
authority police force may serve
process for forcible entry and
detainer actions commenced by that
housing authority and may execute
orders of possession for that
housing authority.
6. In counties with a population of
3,000,000 or more, process may be
served, with special appointment by
the court, by a private process
server or a law enforcement agency
other than the county sheriff in
proceedings instituted under the
Forcible Entry and Detainer Article
of this Code as a result of a lessor
or lessor's assignee declaring a
lease void pursuant to Section 11 of
the Controlled Substance and
Cannabis Nuisance Act.
Case Notes:
1. Illinois statute permitting
process to be served "either by a
sheriff or by a disinterested person
appointed by the court" did not
require appointment of process
server by Illinois court, and
permitted service of process in
Illinois by private investigator
specially appointed to serve process
by Florida Circuit Court. Takiff v.
Takiff, 683 So.2d 595 (1996).
2. Fact that lawsuit was filed in
DuPage County, whose population is
less than 1 million so that service
by private detective is permitted,
did not authorize service of process
on defendant in Cook County by
private detective. Schorsch v.
Fireside Chrysler-Plymouth 527
N.E.2d 693 (1988); appeal denied,
535 N.E.2d 411.
3. Service of process within the
state by a private individual not
appointed to do so by the court is
invalid. Lake County v. X-Po Sec.
Police Service, Inc. 327 N.E.2d 96
(1975).
735 ILCS 5/2-203. Service on
individuals.
1. Except as otherwise expressly
provided, service of summons upon an
individual defendant shall be made:
- by leaving a copy of the
summons with the defendant
personally,
- by leaving a copy at the
defendant's usual place of
abode, with some person of the
family or a person residing
there, of the age of 13 years or
upwards, and informing that
person of the contents of the
summons, provided the officer or
other person making service
shall also send a copy of the
summons in a sealed envelope
with postage fully prepaid,
addressed to the defendant at
his or her usual place of abode,
or
- as provided in Section
1-2-9.2 of the Illinois
Municipal Code with respect to
violation of an ordinance
governing parking or standing of
vehicles in cities with a
population over 500,000. The
certificate of the officer or
affidavit of the person that he
or she has sent the copy in
pursuance of this Section is
evidence that he or she has done
so.
2. The officer, in his or her
certificate or in a record filed
and maintained in the Sheriff's
office, or other person making
service, in his or her affidavit
or in a record filed and
maintained in his or her
employer's office, shall:
- identify as to sex,
race, and approximate age
the defendant or other
person with whom the summons
was left and
- state the place where
(whenever possible in terms
of an exact street address)
and the date and time of the
day when the summons was
left with the defendant or
other person.
3. Any person who
knowingly sets forth in the
certificate or affidavit any
false statement, shall be
liable in civil contempt.
When the court holds a
person in civil contempt
under this Section, it shall
award such damages as it
determines to be just and,
when the contempt is
prosecuted by a private
attorney, may award
reasonable attorney's fees.
(Source: P.A. 88-340.)
Case Notes:
1. Return of officer or
other authorized person
making service of summons on
defendant by delivering copy
to another person must show
strict compliance with every
requirement of statute
authorizing substituted
service. Dec and Aque v.
Manning. 618 N.E.2d 367
(1993); appeal denied, 624
N.E.2d 805.
2. Under this paragraph,
strict adherence to
technical requirements is a
necessity when substituted
service of process is
attempted upon a nonresident
of Illinois. Taylor v.
Landsman, 422 N.E.2d 403
(1981); rehearing denied,
425 N.E.2d 218.
735 ILCS 5/2-203.1.
Service by special order of
court.
If service upon an
individual defendant is
impractical under items (1)
and (2) of subsection (a) of
Section 2-203, the plaintiff
may move, without notice,
that the court enter an
order directing a comparable
method of service. The
motion shall be accompanied
with an affidavit stating
the nature and extent of the
investigation made to
determine the whereabouts of
the defendant and the
reasons why service is
impractical under items (1)
and (2) of subsection (a) of
Section 2-203, including a
specific statement showing
that a diligent inquiry as
to the location of the
individual defendant was
made and reasonable efforts
to make service have been
unsuccessful. The court may
order service to be made in
any manner consistent with
due process. (Source: P.A.
87-1165.)
735 ILCS 5/2-204.
Service on private
corporations.
A private corporation may be
served (1) by leaving a copy
of the process with its
registered agent or any
officer or agent of the
corporation found anywhere
in the State; or (2) in any
other manner now or
hereafter permitted by law.
A private corporation may
also be notified by
publication and mail in like
manner and with like effect
as individuals. (Source:
P.A. 83-707.)
735 ILCS 5/2-205.
Service on partnership and
partners.
1. A partnership sued in its
firm name may be served by
leaving a copy of the
process with any partner
personally or with any agent
of the partnership found
anywhere in the State. A
partnership sued in its firm
name may also be notified by
publication and mail in like
manner and with like effect
as individuals.
2. When a personal judgment
is sought against a known
partner for a partnership
liability the partner may be
served (1) in any manner
provided for service on
individuals or (2) by
leaving a copy of the
summons for him or her with
any other partner and
mailing a copy of the
summons in a sealed envelope
with postage prepaid,
addressed to the partner
against whom the judgment is
sought at his or her usual
place of abode as shown by
an affidavit filed in the
cause. The certificate of
the officer or the affidavit
of the other person making
service that he or she has
mailed the copy in pursuance
of this section is evidence
that he or she has done so.
Service on a nonresident
partner against whom a
personal judgment is sought
may be made by leaving a
copy with any other partner,
and mailing, as provided
herein, only if the cause of
action sued on is a
partnership liability
arising out of the
transaction of business
within the State.
3. When a personal judgment
is sought against an unknown
owner in an action
authorized under Section 6
of "An Act in relation to
the use of an assumed name
in the conduct or
transaction of business in
this State", approved July
17, 1941, as amended,
service may be made by
leaving a copy of the
summons with any agent of
the business and publishing
notice in the manner
provided by Section 2-206 of
this Act. (Source: P.A.
83-707.)
735 ILCS 5/2-205.1.
Service on voluntary
unincorporated associations.
A voluntary unincorporated
association sued in its own
name may be served by
leaving a copy of the
process with any officer of
the association personally
or by leaving a copy of the
process at the office of the
association with an agent of
the association. A voluntary
unincorporated association
sued in its own name may
also be notified by
publication and mail in like
manner and with like effect
as individuals. (Source:
P.A. 83-901.)
735 ILCS 5/2-208.
Personal service outside
State.
1. Personal service of
summons may be made upon any
party outside the State. If
upon a citizen or resident
of this State or upon a
person who has submitted to
the jurisdiction of the
courts of this State, it
shall have the force and
effect of personal service
of summons within this
State; otherwise it shall
have the force and effect of
service by publication.
2. The service of summons
shall be made in like manner
as service within this
State, by any person over 18
years of age not a party to
the action. No order of
court is required. An
affidavit of the server
shall be filed stating the
time, manner and place of
service. The court may
consider the affidavit, or
any other competent proofs,
in determining whether
service has been properly
made.
3. No default shall be
entered until the expiration
of at least 30 days after
service. A default judgment
entered on such service may
be set aside only on a
showing which would be
timely and sufficient to set
aside a default judgment
entered on personal service
within this State. (Source:
P.A. 82-280.)
Case Note:
Attempted service by mail to
Taiwanese corporation in
Taiwan and to its sales
representative in Indiana
were insufficient; no
federal statute authorized
territorial service of
Taiwanese corporation, and,
according to Illinois
statutory law, parties
located outside of the forum
state had to be personally
served. Electronic Signals
Products, Inc., v. Eastern
Electronic Co. Ltd., 783
F.Supp. 1135 (N.D. Ill.
1992).
735 ILCS 5/2-209. Act
submitting to jurisdiction -
Process.
1. Any person, whether or
not a citizen or resident of
this State, who in person or
through an agent does any of
the acts hereinafter
enumerated, thereby submits
such person, and, if an
individual, his or her
personal representative, to
the jurisdiction of the
courts of this State as to
any cause of action arising
from the doing of any of
such acts:
- The transaction of
any business within this
State;
- The commission of a
tortious act within this
State;
- The ownership, use,
or possession of any
real estate situated in
this State;
- Contracting to
insure any person,
property or risk located
within this State at the
time of contracting;
- With respect to
actions of dissolution
of marriage, declaration
of invalidity of
marriage and legal
separation, the
maintenance in this
State of a matrimonial
domicile at the time
this cause of action
arose or the commission
in this State of any act
giving rise to the cause
of action;
- With respect to
actions brought under
the Illinois Parentage
Act of 1984, as now or
hereafter amended, the
performance of an act of
sexual intercourse
within this State during
the possible period of
conception;
- The making or
performance of any
contract or promise
substantially connected
with this State;
- The performance of
sexual intercourse
within this State which
is claimed to have
resulted in the
conception of a child
who resides in this
State;
- The failure to
support a child, spouse
or former spouse who has
continued to reside in
this State since the
person either formerly
resided with them in
this State or directed
them to reside in this
State;
- The acquisition of
ownership, possession or
control of any asset or
thing of value present
within this State when
ownership, possession or
control was acquired;
- The breach of any
fiduciary duty within
this State;
- The performance of
duties as a director or
officer of a corporation
organized under the laws
of this State or having
its principal place of
business within this
State;
- The ownership of an
interest in any trust
administered within this
State; or
- The exercise of
powers granted under the
authority of this State
as a fiduciary.
2. A court may
exercise jurisdiction in
any action arising
within or without this
State against any person
who:
- Is a natural
person present
within this State
when served;
- Is a natural
person domiciled or
resident within this
State when the cause
of action arose, the
action was
commenced, or
process was served;
- Is a corporation
organized under the
laws of this State;
or
- Is a natural
person or
corporation doing
business within this
State.
3. A court may
also exercise
jurisdiction on any
other basis now or
hereafter permitted
by the Illinois
Constitution and the
Constitution of the
United States.
4. Service of
process upon any
person who is
subject to the
jurisdiction of the
courts of this
State, as provided
in this Section, may
be made by
personally serving
the summons upon the
defendant outside
this State, as
provided in this
Act, with the same
force and effect as
though summons had
been personally
served within this
State.
5. Service of
process upon any
person who resides
or whose business
address is outside
the United States
and who is subject
to the jurisdiction
of the courts of
this State, as
provided in this
Section, in any
action based upon
product liability
may be made by
serving a copy of
the summons with a
copy of the
complaint attached
upon the Secretary
of State. The
summons shall be
accompanied by a $5
fee payable to the
Secretary of State.
The plaintiff shall
forthwith mail a
copy of the summons,
upon which the date
of service upon the
Secretary is clearly
shown, together with
a copy of the
complaint to the
defendant at his or
her last known place
of residence or
business address.
Plaintiff shall file
with the circuit
clerk an affidavit
of the plaintiff or
his or her attorney
stating the last
known place of
residence or the
last known business
address of the
defendant and a
certificate of
mailing a copy of
the summons and
complaint to the
defendant at such
address as required
by this subsection
(e). The certificate
of mailing shall be
prima facie evidence
that the plaintiff
or his or her
attorney mailed a
copy of the summons
and complaint to the
defendant as
required. Service of
the summons shall be
deemed to have been
made upon the
defendant on the
date it is served
upon the Secretary
and shall have the
same force and
effect as though
summons had been
personally served
upon the defendant
within this State.
6. Only causes of
action arising from
acts enumerated
herein may be
asserted against a
defendant in an
action in which
jurisdiction over
him or her is based
upon subsection (a).
7. Nothing herein
contained limits or
affects the right to
serve any process in
any other manner now
or hereafter
provided by law.
(Source: P.A.
86-840.)
735 ILCS
5/2-211. Service on
public, municipal,
governmental and
quasi-municipal
corporations.
In actions against
public, municipal,
governmental or
quasi-municipal
corporations,
summons may be
served by leaving a
copy with the
chairperson of the
county board or
county clerk in the
case of a county,
with the mayor or
city clerk in the
case of a city, with
the president of the
board of trustees or
village clerk in the
case of a village,
with the supervisor
or town clerk in the
case of a town, and
with the president
or clerk or other
officer
corresponding
thereto in the case
of any other public,
municipal,
governmental or
quasi-municipal
corporation or body.
(Source: P.A.
82-280.)
735 ILCS
5/2-212. Service on
trustee of
corporation or
receiver.
Any trustee of a
corporation or its
property or any
receiver may be
served with summons
(1) in any manner
provided for service
on individuals or
corporations, as is
appropriate, or (2)
by leaving a copy
thereof with any
agent in the employ
of the trustee or
receiver anywhere in
the State. The
trustee or receiver
may also be notified
by publication and
mail in like manner
and with like effect
as individuals.
(Source: P.A.
82-280.)
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