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Legal Terms

These definitions are not intended to make you an expert nor are they intended to replace the services of an attorney. While you can expect courtesy from Court personnel, you cannot expect them to act as attorney on your behalf.

Alias Summons - A second summons issued in a case where a return of service has been made indicating that the Defendant was not found or otherwise served.

Complaint - The Court document filed with the Circuit Clerk which includes a statement of the wrong or harm done to the Plaintiff by the Defendant and a request for specified help from the Court.

Defendant - The person (party) being sued or charged with a crime.

Notice of Motion - A written pleading prepared and sent by one party to the other notifying the other party of a Court date when you will be requesting the Court to take some action. The original with Proof of Service (which can be by regular mail after the party to be served has formally "appeared" in the case), must be served upon the party within certain time requirements set forth by statute and Rule of the Supreme Court of Illinois.

Plaintiff - The person (party) who starts the lawsuit.

Pro Se - A Latin term meaning "for himself" or on his own behalf. When a Plaintiff or Defendant files his/her case or appearance without being represented by an attorney, that person is considered to be "Pro Se".

Rule to Show Cause - An order by the Court directing a person to appear on a certain date and time to show the Court why such person should not be found in contempt of Court for failure to comply with the Court's previous order, however, not for failure to simply pay a judgment.

Service - A summons issued by the Circuit Clerk is either served by certified mail or by the appropriate County Sheriff, and the return is made by either the U.S. Postal Service or endorsement on the original summons by Sheriff, either of which is returned to the Circuit Clerk for filing. Until a summons has been properly served, the Court does not have authority to hear the case.

Subpoena - A writ of the Court commanding that a person appear to testify or bring documents in a pending Court case.

Summons - The Court document issued by the Circuit Clerk commanding the Defendant to file an appearance, a written form, or appear in Court to respond to the complaint.

Writ of Attachment - An order by the Court directing the Sheriff to take a person into custody for contempt of Court and to hold the person in jail until brought before the Court.