When do you use an alias summons

There are three ways you can attempt service. If your server does not have a license, they must be appointed. The Motion and Order to Appoint a Process Server may be obtained from our website or in person at our office. If your server has a license, they do not need to be appointed.

Court dates are: days for a service address in Lake County days for a service address out of Lake County days for a service address out of the State of Illinois. This court date is also called the "return date". You can call the clerk at Please have your case number available when you call. If the sheriff has served the summons for you, they will also be able to provide you with the service information.

And to be clear, this column is only about civil cases, not criminal. It comes from the circuit clerk, and gets served on you , along with a complaint or petition that's filed to start a court case. A summons is a paper issued by a court informing a person that a complaint has been filed against her.

An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful. It is also sometimes called a pluries summons , which more generally refers to an additional summons.

Alias process is a process that is issued after an earlier process has failed for some reason to accomplish its purpose. Alias execution, alias subpoena, alias summons, and alias writ are all example of alias process. A judge may issue more than one warrant or summons on the same complaint. D be signed by a judge. A summons must be in the same form as a warrant except that it must require the defendant to appear before a magistrate judge at a stated time and place.

Process servers have to make 3 attempts at different dates and times in order to sign a declaration that they used "due diligence. An alias summons is basically the second attempt by a process server at serving you.

They can issue an alias summons as many times as the court allows them in order to serve you. Delivering Legal Papers During the Case After the case is started by the plaintiff or petitioner, all legal papers that need to be served can be given to the other side in person or by regular mail, before giving the original papers to the court. To be returned; requiring a return. No matter who serves the papers, if personal service is used, the claim and a summons must be handed to the defendant.

You can 't simply leave the paper at the defendant's job or home or in the mailbox. The process server should never try to use force to get a defendant to take any papers. It directs court clerks to issue an alias summons upon request of any party. Nowhere in the Code or Rules is there a requirement for a court to grant permission to issue an alias summons.

In fact, one could argue that local court rules requiring permission to issue an alias summons violate the Supreme Court Rule on point. Given the great backlog courts will face when reopening, this will help with initial case flow while ultimately allowing judges to keep their caseload numbers down. Imagine the countless hours that could be saved if judges implement this proposal and eliminate unnecessary court appearances and orders. It may be served by a sheriff or other authorized person for service of process, called a process server.

An alias summons is a second summons served when the first attempt at serving a summons is unsuccessful. It is also sometimes called a pluries summons, which more generally refers to an additional summons. The summons states the name of both plaintiff and defendant, the title and file number of the case, the court and its address, the name and address of the plaintiff's attorney, and instructions on how to file a required response to the complaint within a certain time such as 30 days after service , usually with a form on the back on which information of service of summons and complaint is to be filled out and signed by the process server.

A copy of the summons must be served on each defendant at the same time as the complaint to start the time running for the defendant to answer.