FAMILY LAW FLASH POINTS (May 2023)

By: Donald C. Schiller
Schiller DuCanto & Fleck LLP
Chicago, Lake Forest and Wheaton, Illinois
Telephone: (312) 641-5560; Facsimile: (312) 641-6361:
www.sdflaw.com; dschiller@sdflaw.com

Michelle A. Lawless
The Law Office of Michelle A. Lawless LLC
161 N. Clark St. Suite 1700 Chicago, Illinois
Telephone: (312) 741-1092
www.malfamilylaw.com; michelle@malfamilylaw.com.

1. Amendment to Supreme Court Rule 102 allows service of summons now via Text Message, Email, and Social Media. As modified, Supreme Court Rule 102, entitled “Service of Summons and Complaint; Return,” memorialized what the Illinois Code of Civil Procedure has already allowed, which is that summons can now be served via email, text message, or social media direct message when service by traditional means is impractical.  In order to take advantage of this new amendment, the party requesting service must file a motion with the court and include a supporting affidavit enumerating the reasons they believe respondent has recently sent and received transmissions from a certain email address, telephone number, or an active social media account.  The Rule also requires that a copy of the summons must be sent by mail to the respondent’s last known residence with a filed proof of service.  The full text of amended rule can be found here:
Supreme Court Rule 102

2. There were no published Family Law cases of note decided in April.