E-filing is now mandatory for documents in civil cases with limited exemptions. To efile, you must first create an account with an e-filing service provider. Visit https://efile.illinoiscourts.gov/service-providers.htm to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http://www.illinoiscourts.gov/FAQ/gethelp.asp, or talk with your local circuit clerk’s office.
In the Circuit Court ofthe________Judicial Circuit, _____County, Illinois (Or, In the Circuit Court of Cook County, Illinois)
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A.B., C.D., etc. |
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(naming all plaintiffs), |
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Plaintiffs, |
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v. |
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No. _____________ |
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H. J., K.L. etc., |
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Amount Claimed _________ |
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(naming all defendants), |
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Defendants. |
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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. Ifyou fail to do so, a judgment by default may be entered against you for the relief asked in the complaint.
E-filing is now mandatory for documents in civil cases with limited exemptions. Toe-file, you must first create an account with an e-filing service provider. Visit http://efile.illinoiscourts.gov/service-providers.htm to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http://www.illinoiscourts.gov/FAQ/gethelp.asp, or talk with your local circuit clerk’s office.
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. Ifservice cannot be made, this summons shall be returned so indorsed.
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Witness |
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(Seal of Court) |
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Clerk of Court |
Plaintiffs Attorney ( or plaintiff, if he is not represented by attorney)
_______________________________
Address______________
Telephone No. ___________
Facsimile Telephone No. _____________
E-mail Address______________
(Ifservice by facsimile transmission will be accepted, the telephone number of the plaintiff or plaintiffs 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.
Ill. Sup. Ct. R. 101
Committee Comments
(Revised September 1, 1974)
As adopted in 1967, Rule 101 was derived from former Rule 2, with changes in paragraph (b ). Paragraph (b) was inserted in former 2, effective January 1, 1964, to provide, for relatively small cases, the form of summons that had been in use in the Municipal Court of Chicago prior to that date. In cases up to $10,000, the time was changed to not less than 21 or283.
The appearance day in forcible entry and detainer cases was left at not less than seven or more than 40 days. To conform the practice to the requirements of notice in actions seeking restoration of property wrongfully detained, set forth by the Supreme Court of the United States in Fuentes v. Shevin (1972), 407 U.S. 67, subparagraph (b)(2) of the rule was amended in 1974 to provide for a summons in such cases returnable on a day specified in the summons, not less than seven or more than 40 days from issuance, as in forcible entry and detainer cases. Under the rule as amended, independent of the statutory remedy of replevin, a party seeking return of personal property may proceed in an action in the nature of an action in detinue at common law, and serve process in the manner provided.
Subparagraph (b)(3), added to former Rule 2 in 1964 and carried forward into Rule 101 in 1967, set 40 days as the return day on service made under section 16 of the Civil Practice Act. Effective July 1, 1971, this provision was amended to substitute for “40 days” the somewhat more flexible provision “not less than 40 days or more than 60 days.”
The provision of paragraph (b) of this rule permitting specific instructions under the heading “Notice to Defendant” has probably not been adequately implemented by the judges of the trial courts. It is the committee’s view that the summons should give as much specific information to the defendant as possible. For instance, the particular court room number and place of holding court ought to be given. Instructions regarding the method of entering an appearance and a statement whether an answer must be filed with the appearance, or the date for filing an answer after an appearance, can be stated in the “Notice to Defendant.” Rule 181, relating to appearance, expressly recognizes that the “Notice to Defendant” under Rule 101 (b) is controlling.
In 1974, paragraph (d) was amended to insert in the specimen summons reference to the fact that a copy of the complaint is attached, thus conforming the language of the summons under paragraph (d) in this respect to the language in the summons under paragraph (b).