2023 amendments to Illinois Supreme Court 102 allow for alternative service through electronic means. Read this together with Section 2-203.1 of the Illinois Code of Civil Procedure (Code) because one can only use alternative service if actual service is impractical. A motion to allow alternative service under Section 2-203.1 of the Code must be accompanied by an affidavit. The affidavit will state the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service is impractical under items (1) and (2) of subsection (a) of Section 2-203. The affidavit must include a specific statement showing that a diligent inquiry as to the location of the individual defendant was made and reasonable efforts to make service have been unsuccessful.
Supreme Court Rule 102(f) is titled “Service by Special Order of Court.” It allows for service of process via social media services (e.g., Facebook, Instagram, etc.), e-mail, and text message. The amended rule helps bring Illinois into the 21st century, reflecting a society increasingly reliant on electronic means of communication.[1] When seeking this alternative means of service, the movant must show that the respondent has access to and the ability to use technology. The affidavit attached to the motion must allege why the movant believes the respondent has access to the applicable social media, e-mail or text message. The Petitioner can demonstrate this in several ways such as showing the court the respondent’s social media account(s), a showing via e-mail, or via text message exchanges.
Once the court allows a motion under SCR 102(f), to effectuate service by social media, the movant must send the respondent a direct message to the respondent’s social media account attaching the summons and complaint. The body of the message must state:
Important information – You have been sued. Read all of the documents attached to this message. To participate in the case, you must follow the instructions listed in the attached summons. If you do not the court may decide the case without hearing from you, and you could lose the case.[2]
Similarly for e-mail and text message, the movant must send an e-mail or text message to the respondent’s current email address or telephone number, attaching the summons and complaint, and including a similar notice in the subject and body of the message. Amended Rule 102 also states that a copy of the summons must be sent by mail to the address of defendant’s/respondent’s last known residence, and a proof of service must be filed when sending a summons electronically.[3] Accordingly to the Illinois Supreme Court’s press release, “The amendments to Rule 102 memorialize what has long been allowed under the code of civil procedure to allow for summons to be served via social media direct message, e-mail, or text message by special order of the court, when service by traditional means is impractical.”[4]
The Committee Comments to Supreme Court Rule 102(f) state:
Paragraph (f) is adopted in recognition of society’s increased use of electronic methods to communicate. The methods included in this paragraph are not exclusive, and upon a motion brought pursuant to section 2-203.1 of the Code of Civil Procedure, the court may order a method not mentioned in this paragraph but in a manner the court finds is consistent with due process. However, should the court order any of the methods of service included in paragraph (f), litigants must comply with the provisions of paragraph (f) in addition to any other legal requirements.[5]
Links and Footnotes:
See: https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/d890ef39-a2b2-4b43-8014-500f5c3826f3/Rule%20102.pdf
[1] Judd Fineberg, “Sliding Into the DMs: The New Rules of Service,” ISBA Family Law Newsletter, September 2023, Vol. 67, No. 3. https://www.isba.org/sections/familylaw/newsletter/2023/09/slidingintothedmsthenewrulesofservice
[2] Ill. S. Ct. R. 102(f), (eff. Apr. 24, 2023).
[3] Ill. S. Ct. R. 102(f)(3), (eff. Apr. 24, 2023).
[4] See: “Illinois Supreme Court reinforces service of summons allowable via social media, text and email,” https://www.illinoiscourts.gov/News/1225/Illinois-Supreme-Court-reinforces-service-of-summons-allowable-via-social-media-text-and-email/news-detail/
[5] Ill. S. Ct. R. 102(f), Committee Comments (eff. Apr. 24, 2023).
