Who signs the certificate of service? Rule 12(b)(3) and the pitfalls of noncompliance
By Michael M. Shemkus
Civil Practice and Procedure,
November 2016
Illinois Supreme Court Rule 12 sets forth the requirements for proving service of documents in state court. It distinguishes between the certificate of an attorney and an affidavit by a nonattorney. A party’s failure to appreciate the difference between the two can prove fatal, as the defendant in People v. Tlatenchi learned the hard way.
Parties must now file parenting plans even in the slightest modification proceedings
By Michael M. Shemkus
Family Law,
October 2016
Recent revisions to the Illinois Marriage and Dissolution of Marriage Act and Illinois Supreme Court Rules now require that a statutory parenting plan be filed even for the most minor of changes to an allocation judgment, with the potential of causing unneeded confusion and hostility between parties.
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