§ Rule 101. Summons and Original Process-Form and Issuance
Rule 101. Summons and Original Process-Form and Issuance
(a) General. The summons shall be issued under the seal of the court, tested in the name of the clerk, and signed with his name. It shall be dated on the date it is issued, shall be directed to each defendant, and shall bear the address and telephone number of the plaintiff or his attorney, and if service or notices of motions or filings by facsimile transmission will be accepted, the telephone number of the facsimile machine of the plaintiff or his attorney.
(b) Summons Requiring Appearance on Specified Day.
(1) In an action for money not in excess of $50,000, exclusive of interest and costs, or in any action subject to mandatory arbitration where local rule prescribes a specific date for appearance, the summons shall require each defendant to appear on a day specified in the summons not less than 21 or more than 40 days after the issuance of the summons (see Rule 181(b)), and shall be in substantially the following form:
In the Circuit Court of the __________ Judicial Circuit, __________ County, Illinois
(Or, In the Circuit Court of Cook County, Illinois)
A.B., C.D., etc.
(naming all plaintiffs),
Plaintiffs,
v.
No. _____________________________________
Amount Claimed _____________________________________
H.J., K.L. etc.,
(naming all defendants),
Defendants
SUMMONS
To each defendant:
You are hereby summoned and required to appear before this court at ____________________ at ___ o'clock ___ M., on __________ 20 ___, to answer the complaint in this case, a copy of which is hereto attached. If you fail to do so, a judgment by default may be entered against you for the relief asked in the complaint.
To the officer:
This summons must be returned by the officer or other person to whom it was given for service, with indorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so indorsed.
This summons may not be served later than 30 days after its date.
Witness _____________________________________
(Seal of Court)
_____________________________________
Clerk of Court
Plaintiff's Attorney (or plaintiff, if he is not represented by attorney) _____
Address _______________________________________________________________________
Telephone No. _________________________________________________________________
Facsimile Telephone No. _______________________________________________________
(If service by facsimile transmission will be accepted, the telephone number of the plaintiff or plaintiff's attorney's facsimile machine is additionally required.)
Date of service __________, 20 ___ (to be inserted by officer on copy left with defendant or other person).
NOTICE TO DEFENDANTS
[Here simple and specific instructions, conforming to local practice, shall be set out outlining procedure for appearance and trial of the type of case covered by the summons.]
(2) In any action for forcible detainer or for recovery of possession of tangible personal property, the summons shall be in the same form, but shall require each defendant to appear on a day specified in the summons not less than seven or more than 40 days after the issuance of summons.
(3) If service is to be made under section 2-208 of the Code of Civil Procedure the return day shall be not less than 40 days or more than 60 days after the issuance of summons, and no default shall be taken until the expiration of 30 days after service.
(c) Summons in Certain Other Cases in Which Specific Date for Appearance is Required. In all proceedings in which the form of process is not otherwise prescribed and in which a specific date for appearance is required by statute or by rules of court, the form of summons shall conform as nearly as may be to the form set forth in paragraph (b) hereof.
(d) Summons Requiring Appearance Within 30 Days After Service. In all other cases the summons shall require each defendant to file his answer or otherwise file his appearance within 30 days after service, exclusive of the day of service (see Rule 181(a)), and shall be in substantially the following form:
In the Circuit Court of the __________ Judicial Circuit, __________ County, Illinois (Or, In the Circuit Court of Cook County, Illinois)
A.B., C.D., etc. (naming all plaintiffs),
Plaintiffs
v.
No. _____________________________________
H.J., K.L., etc. (naming all defendants),
Defendants
SUMMONS
To each defendant:
You are summoned and required to file an answer to the complaint in this case, a copy of which is hereto attached, or otherwise file your appearance, in the office of the clerk of this court within 30 days after service of this summons, not counting the day of service. If you fail to do so, a judgment by default may be entered against you for the relief asked in the complaint.
To the officer:
This summons must be returned by the officer or other person to whom it was given for service, with indorsement of service and fees, if any, immediately after service. If service cannot be made, this summons shall be returned so indorsed.
This summons may not be served later than 30 days after its date.
Witness ______________________________________
(Seal of Court)
______________________________________
Clerk of Court
Plaintiff's Attorney (or plaintiff, if he is not represented by attorney) _____
Address _______________________________________________________________________
Telephone No. _________________________________________________________________
Facsimile Telephone No. _______________________________________________________
(If service by facsimile transmission will be accepted, the telephone number of the plaintiff or plaintiff's attorney's facsimile machine is additionally required.)
Date of service __________, 20 ___ (to be inserted by officer on copy left with defendant or other person).
(e) Summons in Cases under the Illinois Marriage and Dissolution of Marriage Act. In all proceedings under the Illinois Marriage and Dissolution of Marriage Act, the summons shall include a notice on its reverse side referring to a dissolution action stay being in effect on service of summons, and shall state that any person who fails to obey a dissolution action stay may be subject to punishment for contempt, and shall include language:
(1) restraining both parties from physically abusing, harassing, intimidating, striking, or interfering with the personal liberty of the other party or the minor children of either party; and
(2) restraining both parties from removing any minor child of either party from the State of Illinois or from concealing any such child from the other party, without the consent of the other party or an order of the court.
(f) Waiver of Service of Summons. In all cases in which a plaintiff notifies a defendant of the commencement of an action and requests that the defendant waive service of summons under section 2-213 of the Code of Civil Procedure, the request shall be in writing in the following form:
In the Circuit Court of the __________ Judicial Circuit, __________ County, Illinois
(Or, In the Circuit Court of Cook County, Illinois)
A.B., C.D., etc.
(naming all plaintiffs),
Plaintiffs,
v.
No. _____________________________________
Amount Claimed _____________________________________
H.J., K.L., etc.
(naming all defendants),
Defendants
Notice and Acknowledgment of Receipt of Summons and Complaint
NOTICE
To: (Insert the name and address of the person to be served)
The enclosed summons and complaint are served pursuant to section 2-213 of the Code of Civil Procedure.
You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within ___* days.
You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.
If you do not complete and return the form to the sender within ___* days, you (or the party on whose behalf you are being served) may be served a summons and complaint in any other manner permitted by law.
If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within ___** days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
I declare, under penalty of perjury, that this notice and acknowledgment of receipt of summons and complaint will have been mailed on __________. (Insert Date)
Signature _____________________________________________________________________
Date of Signature _____________________________________________________________
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT
I declare, under penalty of perjury, that I received a copy of the summons and of the complaint in the above-captioned matter at (inset [FN1] address).
PRINT or TYPE Name ____________________________________________________________
Relationship to Entity/Authority to Receive Service of Process
(Not Applicable if you are the named Defendant or Respondent)
Signature _____________________________________________________________________
Date of Signature _____________________________________________________________
* (To be completed by the person sending the notice.) Date for return of waiver must be at least 30 days from the date on which the request is sent, or 60 days if the defendant is addressed outside the United States.
** (To be completed by the person sending the notice.) Date for answering complaint must be at least 60 days from the date on which the request is sent, or 90 days if the defendant is addressed outside the United States.
(g) Use of Wrong Form of Summons. The use of the wrong form of summons shall not affect the jurisdiction of the court.
[FN1] So in court order.