service requirement (Illinois) · Go Syfert
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service requirement in Illinois

23 Illinois opinions name it 2 courts 1979–2026 6 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
People v. Ryan B.green
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2025–2025
2 sentences

2025In re Ryan B., 212 Ill. 2d 226, 232 (2004); People v. Ward, 2015 Ill. 2d 317 , 325 (2005).

2025In re Ryan B., 212 Ill. 2d 226, 232 (2004); People v. Ward, 215 Ill. 2d 317, 325 (2005).

22
Allord v. Municipal Officers Electoral Boardgreen
illappct · 1997 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011To properly obtain review of his cause, then, and in accordance with the well-established rules of strict compliance with the Code, petitioner must have strictly followed the service requirement of section 10-10.1, which prescribes who must be served, how they must be served and when they must be served with his petition for judicial review. ¶ 24 First, with respect to who must be served, section 10-10.1 requires a petitioner to serve a copy of his petition upon those who are indispensable parties to his cause, namely, "upon the [Board] and other parties to the proceeding[s]." 10 ILCS 5/10-10.

2011To properly obtain review of his cause, then, and in accordance with the well-established rules of strict compliance with the Code, petitioner must have strictly followed the service requirement of section 10-10.1, which prescribes who must be served, how they must be served and when they must be served with his petition for judicial review. ¶ 24 First, with respect to who must be served, section 10-10.1 requires a petitioner to serve a copy of his petition upon those who are indispensable parties to his cause, namely, “upon the [Board] and other parties to the proceeding[s].” 10 ILCS 5/10-10.

22
People v. Schaefergreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006Indeed, Justice Miller, writing separately in Schaefer, emphasized this service requirement and specifically agreed with it: “I agree with the majority that the time period provided by the statute begins to run when the driver submits and properly serves a written request for a hearing, in accordance with our rules regarding service.” Schaefer, 154 Ill. 2d at 271 (Miller, C.J., specially concurring).

2006Indeed, Justice Miller, writing separately in Schaefer , emphasized this service requirement *997 and specifically agreed with it: "I agree with the majority that the time period provided by the statute begins to run when the driver submits and properly serves a written request for a hearing, in accordance with our rules regarding service." Schaefer, 154 Ill.2d at 271 , 182 Ill.

12
Christine Kelley v. National Labor Relations Boardgreen
ca1 · 1996 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026However, in discussing section 10(b) of the National Labor Relations Act ( 29 U.S.C. § 160 (b) (2024)), federal courts have observed two primary purposes of the service requirement: (1) to provide notice to the charged party that a charge of an unfair labor practice has been filed with the National Labor Relations Board (Kelley v. National Labor Relations Board, 79 F.3d 1238, 1246 (1st Cir. 1996)) and (2) to obtain an early statement of the position of the charged party in order to encourage early resolution of a charge before the formal complaint process begins.

11
Hospital & Service Employees Union, Local 399, Service Employees International Union, Afl-Cio v. National Labor Relations Boardgreen
ca9 · 1986 · cited in 1 Illinois opinions naming this issue, 2026–2026
2 sentences

2026Id.; Hospital & Service Employees Union, Local 399 v. National Labor Relations Board, 798 F.2d 1245, 1249 (9th Cir. 1986). ¶ 29 It follows that these are the two primary purposes of the service requirement in section 11(a) of the Act.

2026Id.; Hospital & Service Employees Union, Local 399 v. National Labor Relations Board, 798 F.2d 1245, 1249 (9th Cir. 1986). ¶ 29 It follows that these are the two primary purposes of the service requirement in section 11(a) of the Act.

11
People v. Wardgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025In re Ryan B., 212 Ill. 2d 226, 232 (2004); People v. Ward, 215 Ill. 2d 317, 325 (2005).

11
Novakovic v. Samutingreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020We note that Adams fails to cite any authority to support his position. “[A] party who fails to argue or cite authority in support of a point waives the issue for purposes of appeal.” Novakovic v. Samutin, 354 Ill.

11
Herndon ex rel. Herndon v. Chapel Hill-Carrboro City Board of Educationgreen
ca4 · 1996 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015Id. at 181. ¶ 25 In Immediato v. Rye Neck School District, 73 F.3d 454 (2d Cir. 1996), similar results were reached by the Second Circuit when the plaintiff challenged the constitutionality of the defendant's requirement students perform 40 hours of community service during four years of high school in order to graduate.

11
Nelson v. Qualkinbushred
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2012–2012
2 sentences

2012App. 3d 79, 87 , 907 N.E.2d 400, 407 (2009).

2012As recognized in Rivera v. City of Chicago Electoral Board, 2011 IL App (1st) 110283 , 956 N.E.2d 20 , “in accordance with the well-established rules of strict compliance with the Code, petitioner must have strictly followed the service requirement of section 10- 10.1, which prescribes who must be served, how they must be served and when they must be served with his petition for judicial review. *** Clearly, from the statutory language, this includes the Board itself, as the entity that issued the decision which the petitioner seeks to challenge.” Rivera, 2011 IL App (1st) 110283, ¶¶ 23-24 , 9

11
Arthur Murray Dance Studios of Cleveland, Inc. v. Wittergreen
ohctcomplcuyaho · 1952 · cited in 1 Illinois opinions naming this issue, 2010–2010
1 sentence

2010“In this type of case, heavy procedural burdens impede the plaintiff employer.” Arthur Murray Dance Studios of Cleveland, Inc. v. Witter, 105 N.E.2d 685, 693 (Ohio Ct. Com.

11
Keener v. CITY OF HERRINgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2010–2010
1 sentence

2010Keener v. City of Herrin, 235 Ill. 2d 338, 349 (2009).

11
People v. Smithgreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2006–2006
1 sentence

2006Three years later, in People v. Smith, this court reiterated the point by holding that the “hearing on a petition to rescind must be held within 30 days of the date of filing the petition in the circuit court with venue, with service on the State.” People v. Smith, 172 Ill. 2d 289, 295 (1996).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
People v. Robinson green
ill · 2005
2 sentences

2016Thus, a violation of the service requirement was “not so likely to prejudice the right to appeal as to require an exception to the general rule that procedural commands to government officials are directory.” Id. ¶ 37 Similarly, in Geiler, 2016 IL 119095 , ¶ 24, the supreme court held that Illinois Supreme Court Rule 552 (eff.

2016Thus, a violation of the service requirement was “not so likely to prejudice the right to appeal as to require an exception to the general rule that procedural commands to government officials are directory.” Id. ¶ 37 Similarly, in Geiler, 2016 IL 119095 , ¶ 24, the supreme court held that Illinois Supreme Court Rule 552 (eff.

22016–2016
People v. Geiler green
ill · 2016
2 sentences

2016Thus, a violation of the service requirement was “not so likely to prejudice the right to appeal as to require an exception to the general rule that procedural commands to government officials are directory.” Id. ¶ 37 Similarly, in Geiler, 2016 IL 119095 , ¶ 24, the supreme court held that Illinois Supreme Court Rule 552 (eff.

2016Thus, a violation of the service requirement was “not so likely to prejudice the right to appeal as to require an exception to the general rule that procedural commands to government officials are directory.” Id. ¶ 37 Similarly, in Geiler, 2016 IL 119095 , ¶ 24, the supreme court held that Illinois Supreme Court Rule 552 (eff.

22016–2016
Lockett v. Chicago Police Board green
ill · 1990
2 sentences

1997The service requirement under the Review Law is "intended to 'hasten the procedure’ of administrative review and avoid undue delay.” Lockett, 133 Ill. 2d at 355 .

1997The service requirement under the Review Law is "intended to 'hasten the procedure' of administrative review and avoid undue delay." Lockett , 133 Ill. 2d at 355 .

21997–1997
Palos Bank and Trust Company v. Illinois Property Tax Appeal Board green
illappct · 2015
1 sentence

2024Palos Bank & Trust Co. v. Illinois Property Tax Appeal Board, 2015 IL App (1st) 143324, ¶ 26 .

12024–2024
McGaughy v. Illinois Human Rights Commission green
ill · 1995
1 sentence

2023The court explained that “meeting the service requirement under Rule 335(b) did not relieve [the petitioners] of the obligation to name all necessary party respondents in their petitions for review.” Id.

12023–2023
Quinn v. Board of Election Commissioners for the City of Chicago Electoral Board green
illappct · 2019
1 sentence

2022Specifically, she violated the statute by (1) not serving the objector at all (as opposed to his attorney); (2) serving by regular mail rather than by registered or certified mail; and (3) not serving by registered or certified mail within 5 days after service of the electoral board’s decision, here April 26. ¶ 19 Given these undisputed facts, the question before us becomes whether the circuit court correctly dismissed her petition because of her failure to comply with a mandatory statute. ¶ 20 This court addressed the same issue in Quinn v. Board of Election Commissioners for City of Chicago

12022–2022
Immediato v. Rye Neck School District green
ca2 · 1996
1 sentence

2015Id. at 181. ¶ 25 In Immediato v. Rye Neck School District, 73 F.3d 454 (2d Cir. 1996), similar results were reached by the Second Circuit when the plaintiff challenged the constitutionality of the defendant's requirement students perform 40 hours of community service during four years of high school in order to graduate.

12015–2015
Rivera v. CITY OF CHICAGO ELECTORAL BD. green
illappct · 2011
2 sentences

2012As recognized in Rivera v. City of Chicago Electoral Board, 2011 IL App (1st) 110283 , 956 N.E.2d 20 , “in accordance with the well-established rules of strict compliance with the Code, petitioner must have strictly followed the service requirement of section 10- 10.1, which prescribes who must be served, how they must be served and when they must be served with his petition for judicial review. *** Clearly, from the statutory language, this includes the Board itself, as the entity that issued the decision which the petitioner seeks to challenge.” Rivera, 2011 IL App (1st) 110283, ¶¶ 23-24 , 9

2012As recognized in Rivera v. City of Chicago Electoral Board, 2011 IL App (1st) 110283 , 956 N.E.2d 20 , “in accordance with the well-established rules of strict compliance with the Code, petitioner must have strictly followed the service requirement of section 10- 10.1, which prescribes who must be served, how they must be served and when they must be served with his petition for judicial review. *** Clearly, from the statutory language, this includes the Board itself, as the entity that issued the decision which the petitioner seeks to challenge.” Rivera, 2011 IL App (1st) 110283, ¶¶ 23-24 , 9

12012–2012
In Re Marriage of Betts green
illappct · 1987
1 sentence

1993(Betts I, 155 Ill.

11993–1993
Dahlke v. Hawthorne, Lane & Co. green
ill · 1966
2 sentences

1991September 18, 1990, as corrected October 17, 1990), No. 1-89-0842, slip op. at 10 (although representation to court in tax deed proceeding may not have amounted to fraud, the failure to apprise the court of a subsequent mortgagee's interest was inexcusable under these facts, and the failure to comply with the service requirement could be collaterally attacked).) Fraud in this context is a "wrongful intent—an act calculated to deceive." Dahlke, 36 Ill.2d at 245 , 222 N.E.2d 465 .

1991September 18, 1990, as corrected October 17, 1990), No. 1-89-0842, slip op. at 10 (although representation to court in tax deed proceeding may not have amounted to fraud, the failure to apprise the court of a subsequent mortgagee's interest was inexcusable under these facts, and the failure to comply with the service requirement could be collaterally attacked).) Fraud in this context is a "wrongful intent—an act calculated to deceive." Dahlke, 36 Ill.2d at 245 , 222 N.E.2d 465 .

11991–1991
In Re DS green
illappct · 1988
1 sentence

1988App. 3d 76 , 522 N.E.2d 625 , appeal denied (1988), 121 Ill. 2d 570 , the court concluded that, based upon the supreme court’s decision in Pronger, the amendment adopted in Public Act 85 — 720 effectively reinstates the service requirement with respect to minor respondents who are eight years of age and older.

11988–1988
Bessler v. Board of Education of Chartered School District No. 150 neutral
illappct · 1973
1 sentence

1979The legislature amended section 34 — 85 of the School Code pertaining to schools in cities with population over 500,000 on four occasions all after the decisions in Paprocki and in Bessler v. Board of Education (1973), 11 Ill.

11979–1979

Statutes the citing opinions construe

IL § 10 ILCS 5/10-10.1 (6) IL § 735 ILCS 5/2-619 (4) IL § 735 ILCS 5/3-103 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 37 (1906–2026) PA 34 (1847–2026) TX 30 (1984–2024) OH 26 (1948–2026) IL 23 (1979–2026) CA 22 (1936–2025) GA 19 (1909–2026) WA 17 (1989–2022) NJ 11 (1956–2024) NC 10 (1998–2024) WI 9 (1979–2025) MN 8 (1989–2024) LA 8 (1920–2018) IA 7 (1984–2022) OR 6 (1980–2024) AZ 6 (1986–2010) AR 6 (2001–2023) FL 6 (1933–2017) MO 6 (1984–2015) MI 6 (1906–2025) KS 5 (1980–2026) CT 5 (1914–2000) DC 5 (1949–2014) TN 4 (2020–2025) VT 3 (1859–2024) VA 3 (1936–1989) CO 3 (1964–1989) HI 3 (1992–2008) UT 3 (2016–2016) ND 3 (2006–2018) NM 2 (1996–2009) MD 2 (2004–2009) VI 2 (2000–2017) AL 2 (1988–2011) WV 2 (1885–2013) OK 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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