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Missouri Service of Process Rules

Missouri Service of Process Rules

MISSOURI SUPREME COURT RULES OF CIVIL PROCEDURE

Rule 54.01 Clerk to Issue Process – Separate or Additional Summons

Upon the filing of a pleading requiring service of process, the clerk shall forthwith issue the required summons or other process and, unless otherwise provided, deliver it for service to the sheriff or other person specially appointed to serve it. If requested in writing by the party whose pleading requires service of process, the clerk shall deliver the summons or other process to such party who shall then be responsible for promptly serving it with a copy of the pleading. Upon written request of such party, separate or additional summons and other process shall be issued.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1. 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.02 Summons Shall be Signed by Clerk

The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, and be directed to the defendant, stating the name and address of the plaintiff’s attorney, if any; otherwise the plaintiff’s address. It also shall state the time within which and the place where the defendant is required to appear and defend as provided by law and shall notify the defendant that in case of failure to do so judgment by default will be entered against the defendant for the relief demanded in the petition.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended Sept. 28, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 This is substantially the same as prior Rule 54.02. Compare: Rule 4(b) of the Federal Rules of Civil Procedure.

Rule 54.03 Service of Process Within the State – By Whom[Repealed]

Repealed. (Adopted Jan. 19, 1973, effective Sept. 1, 1973; repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.04 Summons – Service

A copy of the summons and petition shall be served together except when service is by publication.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
Committee Note – 1974 The source is prior Rule 54.04. A substantial part of the prior rule was deleted because official forms make the deleted language unnecessary. Compare: Rule 4(d) of the Federal Rules of Civil Procedure.

RULE 54.05 DEPUTIES ACTING FOR CLERK OR SHERIFF

A deputy clerk or deputy sheriff shall have the same authority as the clerk or sheriff, respectively, to do any act which this Rule 54 authorizes the clerk or sheriff to do.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
Committee Note – 1974 This is substantially the same as prior Rule 54.05. Compare: Rules 4(c) and 45(c) of the Federal Rules of Civil Procedure.

Rule 54.06 Service Outside the State on Persons, Firms or Corporations Who do Certain Acts in This State

(a) Service outside the state sufficient to authorize a general judgment in personam may be obtained upon any person, executor, administrator or other legal representative, firm or corporation, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts enumerated in this Rule 54.06:

(1) Transacts any business within this state;

(2) Makes any contract within this state;

(3) Commits a tortious act within this state;

(4) Owns, uses or possesses any real estate situated in this state;

(5) Contracts to insure any person, property or risk located within this state at the time of contracting;

(6) Engages in an act of sexual intercourse within this state with the mother of a child within or near the probable period of conception of that child.

(b) Service sufficient to authorize a general judgment in personam may be obtained on any person, any person’s personal representative, or other legal representative, whether or not a citizen or resident of the state who has lived in lawful marriage within this state, as to all civil actions for dissolution of marriage or for legal separation and all obligations arising for maintenance of a /b>Rule 54.08 Service on Nonresident Motorists or Nonresident Watercraft Owners or Operators

In civil actions in which service of process may be obtained under the provision of sections 506.200 to 506.310, 506.330, or 506.340, RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.15 or Rule 54.16.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994; amended May 27, 1999, effective January 1, 2000.)

Rule 54.09 Service of Foreign Corporations

In civil actions in which the service of process may be obtained under the provisions of section 351.380, RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.16.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.10 Service on Insurance Companies Not Authorized to do Business in This State

In civil actions in which service of process may be obtained under the provisions of section 375.256, RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.15 or Rule 54.16.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.11 Service on Resident or Nonresident Motor Carrier

In civil actions in which service of process may be obtained under the provisions of section 508.070, RSMo, service of process may be made as provided in Rule 54.14 or Rule 54.15 or Rule 54.16.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.12 Service – In Rem or Quasi In Rem Civil Actions

(a) Service, Generally. In civil actions affecting a fund, will, trust, estate, specific property, or any interest therein, or any res or status within the jurisdiction of the court, service of process may be made as provided in Rule 54.13 or Rule 54.14, or as otherwise provided in this Rule 54.12.

(b) Service by Mail. A party requesting service by registered or certified mail shall file an affidavit made by the party or by someone on behalf of the party, stating:

(1) Why personal service cannot be had in this state on the party to be served by mail, and

(2) The name and address of the party to be served by mail. The clerk shall thereupon mail to the party to be served a summons and copy of the pleading by registered or certified mail, requesting a return receipt signed by addressee only.

(c) Service by Publication.

(1) Service by publication shall be by notice published by order of the court or clerk thereof.

(2) Such order shall issue when the party desiring service by publication files a statement verified by the party or by a person on behalf of the party stating: (A) that one or more of the persons to be served are unborn or their names are unknown to the party desiring service by publication or facts showing why service cannot be obtained under Rule 54.12 (b), Rule 54.13, Rule 54.14 or Rule 54.16, and (B) the last known address of the party to be served or in lieu thereof a statement that said address is unknown. It shall be sufficient to name or describe unborn or unknown parties as the heirs, grantees or successors of the person to whom the property to be affected was last known to have been transferred.

(3) The notice shall state: (A) that an action has been commenced; (B) briefly the object and general nature thereof; (C) a description of any property to be affected; (D) the name of the court and the names of the parties to the civil action; (E) the name and address of the attorney, if any, for plaintiff, otherwise the plaintiffs address; (F) that judgment by default will be entered against defendant unless the defendant files an answer or other pleading or otherwise appears and defends within forty-five days after the date of the first publication, or such longer time as the court may fix by order; and (G) the date of the first publication.

(4) The notice shall be published at least once each week for four consecutive weeks in a newspaper of general circulation published in the county where the civil action is commenced designated by the party requesting publication. If there is no such newspaper, then the publication shall be in a newspaper designated by the court.

(5) If the address of any of the parties to be served by publication is given in the verified statement, the clerk shall: (A) within ten days after such order of publication mail a copy of the order of publication of notice and a copy of the petition to each such defendant and (B) file a certificate that such copies have been mailed.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994; April 23, 1996, effective Jan. 1, 1997.) Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.13 Personal Service Within the State

(a) By Whom Made. Service of process within the state, except as otherwise provided by law, shall be made by the sheriff or a person over the age of 18 years who is not a party to the action.

(b) How and on Whom Made. Personal service within the state shall be made as follows:

(1) On Individual. Upon an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and petition personally to the individual or by leaving a copy of the summons and petition at the individual’s dwelling house or usual place of abode with some person of the individual’s family over the age of fifteen years, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process.

(2) On Conservator. Upon an infant or disabled or incapacitated person who has a legally appointed conservator, by delivering a copy of the summons and petition to the conservator as provided in Rule 54.13(b)(1).

(3) On Corporation, Partnership or Other Unincorporated Association. Upon a domestic or foreign corporation or upon a partnership or other unincorporated association, when it may be sued as such, by delivering a copy of the summons and petition to an officer, partner, or managing or general agent, or by leaving the copies at any business office of the defendant with the person having charge thereof or by delivering copies to its registered agent or to any other agent authorized by appointment or required by law to receive service of process.

(4) On Public or Quasi-Public Corporation or Body. Upon a public, municipal, governmental or quasi-public corporation or body, by delivering a copy of the summons and petition to the clerk of the county court in the case of a county, to the mayor or city clerk or city attorney in the case of a city, to the chief executive officer in the case of any public, municipal, governmental or quasi-public corporation or body or to any person otherwise lawfully so designated. If no person above specified is available for service, the court out of which the process issued may designate an appropriate person to whom copies of the summons and petition may be delivered in order to effect service.

(c) Acknowledgment of Service. When a defendant shall acknowledge in writing, endorsed on the process, signed by the defendant’s own proper signature, the service of such process, and waive the necessity of the service thereof by an officer, such acknowledgment shall be deemed as valid as service in the manner provided by law. Acknowledgment of service by mail may also be made as provided in Rule 54.16.

(d) Where Process May Be Served in This State. All process issued for service within this state may be served anywhere within the state and may be forwarded to the sheriff of any county for the purpose of service.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.14 Personal Service Outside the State

(a) By Whom Made. Personal service outside the state shall be made:

(1) By a person authorized by law to serve process in civil actions within the state or territory where such service is made, or by the deputy of a person so authorized;

(2) By a person appointed by the court in which the action is pending.

(b) Upon Whom. The service of process shall be made as provided in Rule 54.13(b).

(c) Acknowledgment. Acknowledgment of service by mail may be made as provided in Rule 54.16.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.15 Service on Secretary of State, Secretary of Public Service Commission and Director of Insurance

(a) Service of Process. Service of process on the secretary of state, secretary of the public service commission or director of insurance shall be made by serving a copy of the summons and petition, together with any remittance fixed by statute, on the respective official. The service of process shall be made as provided in Rule 54.13 or Rule 54.16.

(b) Notice to Defendant. The secretary of state, secretary of the public service commission or director of the department of insurance shall forthwith mail to the defendant at the defendant’s last known address a copy of such service and a copy of the summons and petition. The mailing shall be by registered or certified mail requesting a return receipt signed by addressee only.

(c) Form of Notice. The notice provided for in Rule 54.15 (b) shall be in substantially the following form:

To _______(here insert the name of the defendant and defendant’s last known address.)
You will take notice that original process in the suit against you, a copy of which is attached hereto, was duly served upon you at _______(city), Missouri, by serving the same on _______(here insert the name of the public official.) Dated at __________________, Missouri, this ________ day of _______, 20__. _____________________
(appropriate official)
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.16 Acknowledgement of Service by Mail

Service of the summons and petition upon a resident or nonresident defendant of any class referred to in Rule 54.13(b)(1) (2) or (3) may be made by mailing a copy of the summons and petition by first class mail, postage prepaid, to the person to be served, together with two copies of a notice and acknowledgment conforming substantially to Civil Procedure Form 4B or Civil Procedure Form 4C and a return envelope, postage prepaid addressed to the sender. If no acknowledgment of service under this Rule 54.16 is completed and returned to the sender, service of the summons and petition shall be made as otherwise provided by statute or rule. Unless good cause is shown for not doing so, the court shall order the payment of costs of service on the person served if such person does not complete and return within thirty days after mailing, the notice and acknowledgment of receipt of summons.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 14, 1988, effective Jan. 1, 1989; June 1, 1993, effective Jan. 1, 1994.) Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.17 Service by Publication[Repealed]

Repealed.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973; repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.18 Service Authorized by Statue

Where a statute contains provisions for a method of service, service may be made pursuant to the provisions of the statute or as provided by these Rules.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
Committee Note – 1974 This is new.

Rule 54.19 Provisions No Bar to Personal Service in State

The foregoing provisions relative to service of process in suits against non-residents do not prevent personal service in the state upon a non-resident.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
Committee Note – 1974 This is substantially the same as prior Rule 54.18.

Rule 54.20 Proof of Service

(a) Within the State-Officer’s Returns-Affidavits of Service.

(1) Every officer to whom summons or other process shall be delivered for service within the state shall make return thereof in writing as to the time, place and manner of service of such writ and shall sign such return.

(2) If service of such process is made by a person other than an officer such person shall make affidavit as to the time, place and manner of service thereof.

(3) If service of process is made pursuant to Rule 54.16, the defendant’s acknowledgment, executed pursuant to Rule 54.16, shall constitute proof of service.

(b) Outside the State-Officer’s Returns-Affidavits of Service.

(1) Every officer to whom summons or other process shall be delivered for service outside the state shall make an affidavit before the clerk or judge of the court of which affiant is an officer or other person authorized to administer oaths in such state stating the time, place and manner of such service, the official character of the affiant, and the affiant’s authority to serve process in civil actions within the state or territory where such service was made. The court may consider the affidavit or any other evidence in determining whether service has been properly made.

(2) If service of such process is made by a person appointed by the court in which the action is pending such person shall file an affidavit stating the time, place and manner of such service. The court may consider the affidavit or any other evidence in determining whether service has been properly made.

(3) If service of process is made outside the state pursuant to Rule 54.16, the defendant’s acknowledgment, executed pursuant to Rule 54.16, shall constitute proof of service of process.

(c) Certificate of Secretary of State, Secretary of Public Service Commission and Director of Insurance Mailing of Notice. The notice specified in Rule 54.15 shall be proved by the affidavit of the official mailing such notice. The affidavit shall be endorsed upon or attached to the original papers to which it relates and it, together with the return registered or certified mail receipt, shall be forthwith filed in the court in which the action is pending.

(d) Clerk’s Certificate Service by Mail. Service by mail pursuant to Rule 54.12 shall be proved by the certificate of the clerk that a copy of the summons and petition has been mailed and by the filing of the return registered or certified receipt.

(e) Affidavit Certificate Service by Publication. Service by publication shall be proved by an affidavit showing the dates upon which and the newspaper in which the notice was published. A copy of the notice shall be attached to the affidavit which shall be filed. The clerk’s certificate that a copy of the notice upon order for service by publication and a copy of the petition were mailed to defendant at the address stated in the plaintiff’s petition or in the affidavit for order of publication and the date of the mailing shall likewise be filed.

(f) Refusal to Receive Service. When the person to be served or an agent authorized to accept service of process for the person to be served, either within or outside the state, shall refuse to receive copies thereof, the offer of the server to deliver copies thereof, and such refusal, when these facts are shown on the server’s return, shall constitute proof of service. When service is made by mail pursuant to Rule 54.12, a notation made pursuant to applicable United States Postal Service regulation that the certified or registered mail has been refused shall constitute proof of service.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended June 5, 1980, effective Jan. 1, 1981; amended by L.1988, H.B.No. 1660, effective Aug. 13, 1988; amended June 14, 1988, effective Jan. 1, 1989; June 2, 1992, effective Jan. 1, 1993; June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 54.21 Time for Service and Return

The officer or other person receiving a summons or other process shall serve the same and make return of service promptly. If the process cannot be served it shall be returned to the court within thirty days after the date of issue with a statement of the reason for the failure to serve the same; provided, however, that the time for service thereof may be extended up to ninety days from the date of issue by order of the court.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973.)
Committee Note – 1974 This is substantially the same as prior Rule 54.10 (d). Compare: Rule 4(g) of the Federal Rules of Civil Procedure.

Rule 54.22 Court May Allow Process, Return of Proof of Service to be Amended, When

(a) The court may in its discretion allow any process, return or proof of service thereof to be filed or amended at any time unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. The return of service shall be considered prima facie evidence of the facts recited therein.

(b) The party served, or the sheriff, sheriff’s deputies and sureties or any other person making the service shall be permitted to show the true facts of service and impeach the return when the return does not comport with the facts as found by the court. If the court finds that the facts recited in the return are not true, the court may set aside a judgment if one has been entered or may modify the same in whole or in part as justice may require or take such further action it deems proper.
(Adopted Jan. 19, 1973, effective Sept. 1, 1973. Amended by L. 1984, H.B. No. 947, p. 792, § 1, effective Aug. 13, 1984; June 1, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 [Repealed] (Repealed June 1, 1993, effective Jan. 1, 1994.)

Rule 57.09 Subpoena forTaking Deposition

(a) For Attendance of Witnesses; Form; Issuance. Every subpoena shall be issued by the officer or person before whom depositions may be taken as designated in Rule 57.05 or 57.06 or by the clerk of the court in which the civil action is pending, shall state the name of the court and the title of the civil action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.

(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(c) Service. A subpoena may be served by the sheriff, by a sheriff’s deputy, or by any other person who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees and mileage the witness would have been entitled to receive for attending court pursuant to subpoena.

(d) Authorization to Issue Subpoena. Proof of service of a notice to take a deposition as provided in Rules 57.03 and 57.04 is sufficient to authorize the issuance of a subpoena for taking a deposition.

(e) Contempt. Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.
(Adopted March 29, 1974, effective Jan. 1, 1976. Amended Sept. 28, 1993, effective Jan. 1, 1994.)
Committee Note – 1974 The sources are prior Rules 57.06 (b), 57.19, 57.20 and 57.38 and Rule 45 of the Federal Rules of Civil Procedure. Compare: Rule 45 of the Federal Rules of Civil Procedure.

 
 

Illinois Service Of Process Rules

Illinois Service of Process Rules

ILLINOIS COMPILED STATUTES

Chapter 735. Civil Procedure

735 ILCS 5/2-201. Commencement of actions – Forms of process.

(a) 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.

(b) 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.

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made

(1) by leaving a copy of the summons with the defendant personally,

(2) 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

(3) 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.

(b) 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:

(1) identify as to sex, race, and approximate age the defendant or other person with whom the summons was left and

(2) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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.

(b) 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.

(c) 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.

(a) 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:

(1) The transaction of any business within this State;

(2) The commission of a tortious act within this State;

(3) The ownership, use, or possession of any real estate situated in this State;

(4) Contracting to insure any person, property or risk located within this State at the time of contracting;

(5) 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;

(6) 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;

(7) The making or performance of any contract or promise substantially connected with this State;

(8) 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;

(9) 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;

(10) 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;

(11) The breach of any fiduciary duty within this State;

(12) 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;

(13) The ownership of an interest in any trust administered within this State; or

(14) The exercise of powers granted under the authority of this State as a fiduciary.

(b) A court may exercise jurisdiction in any action arising within or without this State against any person who:

(1) Is a natural person present within this State when served;

(2) Is a natural person domiciled or resident within this State when the cause of action arose, the action was commenced, or process was served;

(3) Is a corporation organized under the laws of this State; or

(4) Is a natural person or corporation doing business within this State.

(c) 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.

(d) 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.

(e) 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.

(f) 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).

(g) 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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