Modern Solutions for Modern Times: The Rules for Service of Process Finally Steps Into the 21st Century

Author: Tomasz A. Sobieraj, Esquire

Illinois took a giant step forward towards modernizing civil procedure by allowing for service of process using electronic methods. “[I]in recognition of society’s increased use of electronic methods to communicate,” the Illinois Supreme Court amended Supreme Court Rule 102 to allow for service via electronic means including, but not limited to email, text message, and social media upon a motion for service by special order of court pursuant to 735 ILCS 5/2-203.1. The electronic methods set forth in the amendment are not exclusive, and trial courts have discretion to allow alternative electronic methods consistent with due process.

Prior to filing a Section 2-203.1 motion and Rule 102(f), a movant must first attempt to serve a defendant/respondent by traditional service methods. If service is unsuccessful, the plaintiff/petitioner must file a motion under Rule 102(f) which must include, among other requirements, a supporting affidavit stating “the reasons the movant believes 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.”

If electronic service is permitted, the message used to transmit service of process must include the specific language provided in amended Rule 102: "Important information-You have been sued. Read all of the documents attached to this message. To participate in the case, you must follow the instructions listed in the attached summons. If you do not, the court may decide the case without hearing from you, and you could lose the case."

Now that litigants have the option for service by electronic methods when warranted, defendants/respondents should be discouraged from evading service. The ability to serve process electronically is a beneficial change to the law, and should help promote justice and judicial economy.

If you have any questions about this information, please do not hesitate to contact Tomasz A. Sobieraj, Esquire at tsobieraj@satclaw.com.