May 25, 2023

IICLE Family Law Flash Points - May 2023

AUTHOR’S NOTE: There were no published family law cases of note decided in April.

Amendment to Supreme Court Rule 102 Now Allows Service of Summons Via Text Message, E-Mail, and Social Media

As modified effective April 24, 2023, Supreme Court Rule 102, titled “Service of Summons and Complaint; Return,” memorialized what the Illinois Code of Civil Procedure has already allowed, which is that summons can now be served via e-mail, text message, or social media direct message when service by traditional means is impractical. In order to take advantage of this new amendment, the party requesting service must file a motion with the court and include a supporting affidavit enumerating the reasons he or she believes the respondent has recently sent and received transmissions from a certain e-mail address or telephone number or maintains an active social media account. Rule 102 also requires that a copy of the summons must be sent by mail to the respondent’s last known residence with a filed proof of service. The full text of amended rule can be found here.

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