Chief Justice Mary Jane Theis and the Illinois Supreme Court announced amendments to Supreme Court Rule 102 which provide for the electronic service of summons and complaints in civil proceedings in recognition of society’s increased use of electronic methods to communicate.
Rule 102 is titled “Service of Summons and Complaint; Return” and addresses how summons must be served on the defendant/respondent in a civil proceeding.
The amendments to Rule 102 memorialize what has long been allowed under the code of civil procedure to allow for summons to be served via social media direct message, e-mail, or text message by special order of the court, when service by traditional means is impractical.
The amendments state that the person requesting service by text message, email, or social media must file a motion and include in their supporting affidavit the reasons they believe the defendant/respondent has recently sent and received transmissions from a specific e-mail address or telephone number or the defendant/respondent maintains an active social media account on the specific platform utilized for service.
Amended Rule 102 also states that a copy of the summons must be sent by mail to the address of defendant’s/respondent’s last known residence, and a proof of service must be filed when sending a summons electronically.
The amended rules are effective immediately.
The Illinois Supreme Court Rules can be found here: https://www.illinoiscourts.gov/rules- law/supreme-court-rules