The Summons is issued by the clerk of court upon the request of the plaintiff after the filing of a complaint. 735 ILCS 5/2-201 (a).
The plaintiff is then responsible for prompt service of the summons and a copy of the complaint on each defendant. IL Supreme Court R. 102 (a).
The summons must identify each defendant by name. IL Supreme Court R. 101 (a).
Misnaming a party is not grounds for dismissal, but on motion, and upon any terms and proof the Court requires, the name of any party may be corrected at any time before or after judgment. 735 ILCS 5/2-401 (b).
NEW RULE AMENDMENTS EFFECTIVE APRIL 20, 2023
In actions for money damages of less than $50,000 (not including interest and costs) or in actions subject to mandatory arbitration where a specific appearance date is required by local rules, the summons shall require each defendant to appear (either in person or remotely) on a day specified in the summons not less than 21 40 days nor more than 40 61 days in advance of the specified appearance date and must list the appearance date within the body of the summons. The court will make every reasonable effort to accommodate the defendant appearing by telephone or video conference. IL Supreme Court R. 101 (b)(1) (amended eff 4/1/23) .
A specific format for such summonses is prescribed by the Supreme Court and set forth in the Article II Forms Appendix. IL Supreme Court R. 101 (b)(1).
In actions where a specific appearance date is not required by statute, local rule or Supreme Court rules, the summons must require each defendant to file his answer or otherwise appear in the action within 30 days. IL Supreme Court R. 101 (d).
A specific format for such summonses is prescribed by the supreme court and found in the Article II Forms Appendix. IL Supreme Court R. 101 (d).
Where a defendant cannot be identified by name the court may issue alias summons. Successive alias summons may be issued regardless of the disposition of any previous alias summons. IL Supreme Court R. 103(a).
One or more original summonses may be issued and marked "first duplicate", "second supplicate", etc. where it will facilitate the service of summons in any one or more counties. 735 ILCS 5/2-201(b).
On request the clerk can issue summons for third party defendants or for other parties added as defendants, by order of court or otherwise. IL Supreme Court R. 103(c).
The use of the wrong form of summons shall not affect the jurisdiction of the court. IL Supreme Court R. 101 (g).
NEW RULE AMENDMENTS EFFECTIVE APRIL 20, 2023
A plaintiff may notify the defendant(s) of the commencement of an action and request that they waive service of the summons. A specific format for such notices is prescribed by the supreme court and found in the Article II Forms Appendix. IL Supreme Court R. 101 (f).
Service of summons and orders in protective order proceedings is governed by IL Supreme Court R. 102.1 (new rule eff 4/20/23).
Summons in all proceedings in Chancery to enforce ordinances of a municipal corporation should require each defendant to appear on a day specified in the summons, not less than 21 nor more than 40 days after issuance of the summons. Cook County Circuit Court R. 1.7.
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