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.
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