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IL · rules

Ill. S. Ct. R. 105

Additional Relief Against Parties in Default--Notice

activein force · 2018-01-01 – presentact-effective-date

(a) Notice-Form and Contents. If new or additional relief, whether by amendment,

counterclaim, or otherwise, is sought against a party not entitled to notice under Rule 104, notice

shall be given him as herein provided. The notice shall be captioned with the case name and

number and shall be directed to the party. It shall state that a pleading seeking new or additional

relief against him has been filed and that a judgment by default may be taken against him for the

new or additional relief unless he files an answer or otherwise files an appearance in the office of

the clerk of the court within 30 days after service, receipt by certified or registered mail, or the

first publication of the notice, as the case may be, exclusive of the day of service, receipt or first

publication. Except in case of publication, a copy of the new or amended pleading shall be

attached to the notice, unless excused by the court for good cause shown on ex parte application.

(b) Service. The notice may be served by any of the following methods:

(1) By any method provided by law for service of summons, either within or without this

State. Service may be made by an officer or by any person over 18 years of age not a party to

the action. Proof of service by an officer may be made by return as in the case of a summons.

Otherwise proof of service shall be made by affidavit or by certification, as provided in

Section 1-109 of the Code of Civil Procedure, of the server, stating the time, manner, and

place of service. The court may consider the affidavit or certification and any other

competent proofs in determining whether service has been properly made.

(2) By prepaid certified or registered mail addressed to the party, return receipt requested,

showing to whom delivered and the date and address of delivery. The notice shall be sent

“restricted delivery” when service is directed to a natural person. Service is not complete

until the notice is received by the defendant, and the registry receipt is prima facie evidence

thereof.

(3) By publication, upon the filing of an affidavit as required for publication of notice of

pendency of the action in the manner of but limited to the cases provided for, and with like

effect as, publication of notice of pendency of the action.

History

Amended September 29, 1978, effective November 1, 1978; amended May 28, 1982, effective July 1, 1982; amended November 21, 1988, effective January 1, 1989; amended Dec. 29, 2017, eff. Jan. 1, 2018. Committee Comments (Revised September 29, 1978) Rule 105, as adopted in 1967, carried forward former Rule 7-1 without change. Subparagraph (b)(2) was amended in 1978 to permit service by “certified or registered mail addressed to the party, restricted delivery, return receipt requested showing to whom, date and address of delivery,” instead of “registered mail addressed to the party, return receipt requested, delivery limited to addressee only,” the latter class of postal service having been discontinued.

Provenance

Source
illinoiscourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
4e47698978891f2490ea1f45cb0e8f583aeb3d44b8532ebb744ebee78903b66c
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