# IL. R. Ct. 104: Rule 104. Service of Pleadings and Other Papers; Filing

> Illinois · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R104

## Section

- **Citation:** IL. R. Ct. 104
- **Heading:** Rule 104. Service of Pleadings and Other Papers; Filing
- **Jurisdiction:** Illinois
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** IL Court Rules / Title II / Rule 104

## Text

Rule 104. Service of Pleadings and Other Papers; Filing
(a) Delivery of Copy of Complaint. Every summons used in making service shall have
attached thereto a copy of the complaint.
(b) Filing of Documents and Proof of Service. Pleadings subsequent to the complaint,
written motions, and other documents required to be filed shall be filed with the clerk with a
certificate of counsel or other proof that the documents have been served on all parties who have
appeared and have not theretofore been found by the court to be in default for failure to plead.
(c) Excusing Service. For good cause shown on ex parte application, the court or any judge
thereof may excuse the delivery or service of any complaint, pleading, or written motion or part
thereof on any party, but the attorney filing it shall furnish the document promptly and without
charge to any party requesting it.
(d) Failure to Serve Documents. Failure to deliver or serve documents as required by this
rule does not in any way impair the jurisdiction of the court over the person of any party. If a
party entitled to service of a document is not served and the failure of service is the fault of the
filing party, the aggrieved party may obtain the document from the clerk, and the court shall
order the offending party to reimburse the aggrieved party for the expense thereof.
Amended effective January 1, 1970; amended Jan. 4, 2013, eff. immediately; amended Dec. 29, 2017,
eff. Jan. 1, 2018.
Committee Comments
This is former Rule 5 without change of substance.

## Nearby sections

- [IL. R. Ct. 101 Rule 101. Summons and Original Process--Form and Issuance](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R101.md)
- [IL. R. Ct. 102 Rule 102. Service of Summons and Complaint; Return](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R102.md)
- [IL. R. Ct. 102.1 Rule 102.1. Service of Summons and Orders in Protective Order Proceedings](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R102_1.md)
- [IL. R. Ct. 103 Rule 103. Alias Summons; Dismissal for Lack of Diligence](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R103.md)
- [IL. R. Ct. 104 Rule 104. Service of Pleadings and Other Papers; Filing](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R104.md)
- [IL. R. Ct. 105 Rule 105. Additional Relief Against Parties in Default--Notice](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R105.md)
- [IL. R. Ct. 106 Rule 106. Notice of Petitions Filed for Relief From, or Revival of, Judgments](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R106.md)
- [IL. R. Ct. 107 Rule 107. Notice of Hearing for an Order of Replevin](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R107.md)
- [IL. R. Ct. 108 Rule 108. Explanation of Rights of Heirs and Legatees When Will Admitted or Denied Probate](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R108.md)
- [IL. R. Ct. 110 Rule 110. Explanation of Rights in Independent Administration; Form of Petition to Terminate](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R110.md)
- [IL. R. Ct. 113 Rule 113. Practice and Procedure in Mortgage Foreclosure Cases](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R113.md)
- [IL. R. Ct. 114 Rule 114. Loss Mitigation Affidavit](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R114.md)
- [IL. R. Ct. 131 Rule 131. Form of Documents](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R131.md)
- [IL. R. Ct. 132 Rule 132. Designation of Cases](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R132.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R104. Check the current official text before relying on it. Not legal advice.