Rule 102.1 - Service of Summons and Orders in Protective Order Proceedings(a) Service of process of protective orders in any court proceeding. Where respondent in a protective order case (defined as a proceeding arising under the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq.), Code of Criminal Procedure (725 ILCS 5/112a-1.5 to 112a-31), Civil No Contact Order Act (740 ILCS 22/101 to 302), or Stalking No Contact Order Act (740 ILCS 21/1 to 135)) appears in any court proceeding by telephone or video conference, respondent shall be considered personally served, and no further service of process shall be required, provided the operative terms of the protective order are read to respondent in open court during the remote court appearance. Consistent with section 222.10 of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/222.10), the operative terms are: (1) The respondent's name (2) The respondent's date of birth, if known, (3) The petitioner's name, (4) The names of other protected parties, (5) The date and county in which the order of protection was filed, (6) The court file number, (7) The hearing date and time, if known, and (8) The conditions that apply to the respondent. The Clerk of the Circuit Court is directed to update the record to reflect service on respondent in open court immediately after the court appearance. (b) Service of orders in protective order proceedings. Where respondent appearsin court by telephone or video conference in a protective order case, respondent shall be considered "present in court when the order was issued" for purposes of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/222(c)), the Code of Criminal Procedure (725 ILCS 5/112a-5.5(c) and 112a-22(c)), the Civil No Contact Order Act (740 ILCS 22/218(c)), and the Stalking No Contact Order Act (740 ILCS 21/115(c)), and no further personal service of the order shall be required, provided the operative terms of the order are read to respondent in open court during the remote court appearance. The Clerk of the Circuit Court is directed to stamp, or otherwise mark, the order to reflect respondent having been personally served in open court. The court shall direct the Clerk to send a copy of the order to respondent or respondent's counsel of record via e-mail, regular mail, or personal delivery immediately after the court appearance. Failure to complete service via e-mail, regular mail, or personal delivery does not invalidate personal service on respondent in open court.
Adopted Apr. 20, 2023, eff. 4/20/2023 effective immediately.