Rule 101. Summons and Original Process--Form and Issuance

Rule 101. Summons and Original Process—Form and Issuance

(a) General. The summons shall be issued under the seal of the court, identifying the name of

the clerk. The summons shall clearly identify the date it is issued, shall be directed to each

defendant, and shall bear the information required by Rule 45 for remote appearances and Rule

131(d) for the plaintiff’s attorney or the plaintiff if not represented by an attorney. All summons

issued in civil cases in Illinois shall include substantially the following language:

You have been sued. Read all documents attached to this Summons. To participate in the

case, you MUST file an official document with the court within the time stated on this

Summons called an “Appearance” and a document called an “Answer/Response”. The

Answer/Response is not required in small claims or eviction cases unless ordered by the court.

If you do not file an Appearance and Answer/Response on time, the court may decide the case

without hearing from you, and you could be held in default and lose the case.

After you fill out the necessary documents, you need to electronically file (e-file) them

with the court. To e-file, you must create an account with an e-filing service provider. For more

information, go to ilcourts.info/efiling. If you cannot e-file, you can get an exemption that

allows you to file in-person or by mail.

You may be charged filing fees, but if you cannot pay them, you can file an Application

for Waiver of Court Fees.

It is possible that the court will allow you to attend the first court date in this case in-person

or remotely by video or phone. Contact the Circuit Court Clerk’s office or visit the Court’s

website to find out whether this is possible and, if so, how to do this.

Need help? Call or text Illinois Court Help at 833-411-1121 or go to ilcourthelp.gov for

information about going to court, including how to fill out and file documents. You can also

get free legal information and legal referrals at illinoislegalaid.org

eo or phone. Contact the Circuit Court Clerk’s office or visit the Court’s

website to find out whether this is possible and, if so, how to do this.

Need help? Call or text Illinois Court Help at 833-411-1121 or go to ilcourthelp.gov for

information about going to court, including how to fill out and file documents. You can also

get free legal information and legal referrals at illinoislegalaid.org. All documents referred to

in this Summons can be found at ilcourts.info/forms. Other documents may be available from

your local Circuit Court Clerk’s office or website.

¿Necesita ayuda? Llame o envíe un mensaje de texto a Illinois Court Help al 833-411-

1121, o visite ilcourthelp.gov para obtener información sobre los casos de la corte y cómo

completar y presentar formularios.

(b) Summons Requiring Appearance on Specified Day.

(1) In an action for money not in excess of $50,000, exclusive of interest and costs, or in

any action subject to mandatory arbitration where local rule prescribes a specific date for

appearance, the summons shall require each defendant to appear, either in person or remotely,

on a day specified in the summons not less than 40 or more than 61 days after the issuance of

the summons (see Rule 181(b)), and shall be prepared by utilizing, or substantially adopting

the appearance and content of, the form provided in the Article II Forms Appendix. The court

shall make every reasonable effort to accommodate the defendant appearing by telephone or

video conference.

(2) In any action for eviction or for recovery of possession of tangible personal property,

the summons shall be in the same form, but shall require each defendant to appear on a day

specified in the summons not less than 7 or more than 40 days after the issuance of summons.

(3) If service is to be made under section 2-208 of the Code of Civil Procedure the return

day shall be not less than 40 days or more than 60 days after the issuance of summons, and no

default shall be taken until the expiration of 30 days after service.

but shall require each defendant to appear on a day

specified in the summons not less than 7 or more than 40 days after the issuance of summons.

(3) If service is to be made under section 2-208 of the Code of Civil Procedure the return

day shall be not less than 40 days or more than 60 days after the issuance of summons, and no

default shall be taken until the expiration of 30 days after service.

(c) Summons in Certain Other Cases in Which Specific Date for Appearance is Required.

In all proceedings in which the form of process is not otherwise prescribed and in which a specific

date for appearance is required by statute or by rules of court, the form of summons shall conform

as nearly as may be to the form set forth in paragraph (b) hereof.

(d) Summons Requiring Appearance Within 30 Days After Service. In all other cases the

summons shall require each defendant to file his answer or otherwise file his appearance within

30 days after service, exclusive of the day of service (see Rule 181(a)), and shall be prepared by

utilizing, or substantially adopting the appearance and content of, the form provided in the Article

II Forms Appendix.

(e) Summons in Cases under the Illinois Marriage and Dissolution of Marriage Act. In all

proceedings under the Illinois Marriage and Dissolution of Marriage Act, the summons shall

include a notice on its reverse side referring to a dissolution action stay being in effect on service

of summons, and shall state that any person who fails to obey a dissolution action stay may be

subject to punishment for contempt, and shall include language:

(1) restraining both parties from physically abusing, harassing, intimidating, striking, or

interfering with the personal liberty of the other party or the minor children of either party; and

issolution action stay being in effect on service

of summons, and shall state that any person who fails to obey a dissolution action stay may be

subject to punishment for contempt, and shall include language:

(1) restraining both parties from physically abusing, harassing, intimidating, striking, or

interfering with the personal liberty of the other party or the minor children of either party; and

(2) restraining both parties from concealing a minor child of either party from the child’s

other parent. The restraint provided in this subsection (e) does not operate to make unavailable

any of the remedies provided in the Illinois Domestic Violence Act of 1986.

(f) Waiver of Service of Summons. In all cases in which a plaintiff notifies a defendant of the

commencement of an action and requests that the defendant waive service of summons under

section 2-213 of the Code of Civil Procedure, the request shall be in writing prepared by utilizing,

or substantially adopting the appearance and content of, the form provided in the Article II Forms

Appendix.

(g) Use of Wrong Form of Summons. The use of the wrong form of summons shall not affect

the jurisdiction of the court.

Amended effective August 3, 1970, July 1, 1971, and September 1, 1974; amended May 28, 1982,

effective July 1, 1982; amended October 30, 1992, effective November 15, 1992; amended January 20,

1993, effective immediately; amended December 30, 1993, effective January 1, 1994; amended

February 1, 1996, effective immediately; amended May 30, 2008, effective immediately; amended Dec.

9, 2015, eff. Jan. 1, 2016; amended Aug. 16, 2017, eff. immediately; amended Dec. 29, 2017, eff. Jan.

1, 2018; amended June 26, 2018, eff. July 1, 2018; amended July 19, 2018, eff. immediately; amended

Aug. 22, 2018, eff. immediately; amended July 17, 2020, eff. immediately; amended Feb. 2, 2023, eff.

immediately; amended Apr. 20, 2023, eff. immediately.

Committee Comments

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iately; amended Dec.

9, 2015, eff. Jan. 1, 2016; amended Aug. 16, 2017, eff. immediately; amended Dec. 29, 2017, eff. Jan.

1, 2018; amended June 26, 2018, eff. July 1, 2018; amended July 19, 2018, eff. immediately; amended

Aug. 22, 2018, eff. immediately; amended July 17, 2020, eff. immediately; amended Feb. 2, 2023, eff.

immediately; amended Apr. 20, 2023, eff. immediately.

Committee Comments

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(Revised September 1, 1974)

As adopted in 1967, Rule 101 was derived from former Rule 2, with changes in paragraph (b).

Paragraph (b) was inserted in former Rule 2, effective January 1, 1964, to provide, for relatively

small cases, the form of summons that had been in use in the Municipal Court of Chicago prior to

that date. In cases up to $10,000, the time was changed to not less than 21 or more than 40 days.

Effective August 3, 1970, the $10,000 limit was changed to $15,000. The appearance day in small

claims is covered by Rule 283.

The appearance day in forcible entry and detainer cases was left at not less than seven or more

than 40 days. To conform the practice to the requirements of notice in actions seeking restoration

of property wrongfully detained, set forth by the Supreme Court of the United States in Fuentes v.

Shevin (1972), 407 U.S. 67, subparagraph (b)(2) of the rule was amended in 1974 to provide for a

summons in such cases returnable on a day specified in the summons, not less than seven or more

than 40 days from issuance, as in forcible entry and detainer cases. Under the rule as amended,

independent of the statutory remedy of replevin, a party seeking return of personal property may

proceed in an action in the nature of an action in detinue at common law, and serve process in the

manner provided.

Subparagraph (b)(3), added to former Rule 2 in 1964 and carried forward into Rule 101 in

1967, set 40 days as the return day on service made under section 16 of the Civil Practice Act

ed,

independent of the statutory remedy of replevin, a party seeking return of personal property may

proceed in an action in the nature of an action in detinue at common law, and serve process in the

manner provided.

Subparagraph (b)(3), added to former Rule 2 in 1964 and carried forward into Rule 101 in

1967, set 40 days as the return day on service made under section 16 of the Civil Practice Act.

Effective July 1, 1971, this provision was amended to substitute for “40 days” the somewhat more

flexible provision “not less than 40 days or more than 60 days.”

The provision of paragraph (b) of this rule permitting specific instructions under the heading

“Notice to Defendant” has probably not been adequately implemented by the judges of the trial

courts. It is the committee’s view that the summons should give as much specific information to

the defendant as possible. For instance, the particular court room number and place of holding

court ought to be given. Instructions regarding the method of entering an appearance and a

statement whether an answer must be filed with the appearance, or the date for filing an answer

after an appearance, can be stated in the “Notice to Defendant.” Rule 181, relating to appearance,

expressly recognizes that the “Notice to Defendant” under Rule 101(b) is controlling.

In 1974, paragraph (d) was amended to insert in the specimen summons reference to the fact

that a copy of the complaint is attached, thus conforming the language of the summons under

paragraph (d) in this respect to the language in the summons under paragraph (b).

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