(a) Delivery of Copy of Complaint. Every summons used in making service shall have
attached thereto a copy of the complaint.
Rule 104.Service of Pleadings and Other Papers; Filing
Article II. Rules on Civil Proceedings in the Trial Court · Part A. Process and Notice · Last amended 2018 · Last verified July 20, 2026
In one sentenceRule 104 requires later pleadings and papers in a case to be served on every party who has appeared, and to be filed with proof that service happened.
Full Text of Ill. S. Ct. R. 104
(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.
Plain-English Summary
Every summons must carry a copy of the complaint attached to it. After that first step, Rule 104 governs everything filed later in the case: pleadings, written motions, and other documents must be served on every party who has appeared and is not in default, and the filer must attach a certificate or other proof showing that service was done.
The court can excuse service of a particular document for good cause, on an application made without notice to the other side, but the filing party still has to hand over a copy promptly and at no charge to anyone who asks for it.
A failure to serve or deliver a document under this rule does not affect the court’s jurisdiction over any party. If the failure was the filing party’s fault, the party who missed out can get the document from the clerk, and the court will order the offending party to cover that expense.
Frequently Asked Questions
Do I have to serve every party each time I file something in a pending case?
Yes, if they have appeared and are not in default. Rule 104(b) requires proof of that service to be filed along with the document.
Can a court excuse me from serving a document on someone?
Yes, for good cause shown on an ex parte application, but you still must give that party a free copy promptly if they ask for it.
What happens if I never get served with a motion filed in my own case?
It does not affect the court’s jurisdiction, but if the failure was the other side’s fault, you can get the document from the clerk, and the court can order the other party to reimburse your costs.
Does the complaint have to be attached every time a summons is served?
Yes. Rule 104(a) requires a copy of the complaint to accompany every summons used for service.
Is this rule only about the initial complaint and summons?
No, it governs pleadings and papers filed after the complaint, including motions and other documents that come later in the case.
Committee Comments
This is former Rule 5 without change of substance.
Amendment History
Amended effective January 1, 1970; amended Jan. 4, 2013, eff. immediately; amended Dec. 29, 2017, eff. Jan. 1, 2018.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: service of pleadingscertificate of service illinoisproof of service motionexcusing servicefiling documents with the court