Rule 105.Additional Relief Against Parties in Default-Notice

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 105 requires a party to give special notice before seeking new or additional relief against someone who has not already had a chance to respond.

Full Text of Ill. S. Ct. R. 105

Text sizeJump to: (a) (b)

(a) Notice-Form and Contents. If new or additional relief, whether by amendment,

counterclaim, or otherwise, is sought against a party not entitled to notice under Rule 104, notice shall be given him as herein provided. The notice shall be captioned with the case name and number and shall be directed to the party. It shall state that a pleading seeking new or additional relief against him has been filed and that a judgment by default may be taken against him for the new or additional relief unless he files an answer or otherwise files an appearance in the office of the clerk of the court within 30 days after service, receipt by certified or registered mail, or the first publication of the notice, as the case may be, exclusive of the day of service, receipt or first publication. Except in case of publication, a copy of the new or amended pleading shall be attached to the notice, unless excused by the court for good cause shown on ex parte application.

(b) Service. The notice may be served by any of the following methods:

(1) By any method provided by law for service of summons, either within or without this State. Service may be made by an officer or by any person over 18 years of age not a party to the action. Proof of service by an officer may be made by return as in the case of a summons. Otherwise proof of service shall be made by affidavit or by certification, as provided in Section 1-109 of the Code of Civil Procedure, of the server, stating the time, manner, and place of service. The court may consider the affidavit or certification and any other competent proofs in determining whether service has been properly made.

(2) By prepaid certified or registered mail addressed to the party, return receipt requested, showing to whom delivered and the date and address of delivery. The notice shall be sent “restricted delivery” when service is directed to a natural person. Service is not complete until the notice is received by the defendant, and the registry receipt is prima facie evidence thereof.

(3) By publication, upon the filing of an affidavit as required for publication of notice of pendency of the action in the manner of but limited to the cases provided for, and with like effect as, publication of notice of pendency of the action.

End

Plain-English Summary

Sometimes a case grows beyond its original claims, through an amendment, a counterclaim, or some other new filing, and reaches a party who was not otherwise entitled to notice. Rule 105 requires that party to get formal notice before a default judgment can be entered against them for that new relief.

The notice has to name the case, describe the new claim, and warn the recipient that failing to answer or appear within 30 days after service, mail receipt, or first publication could lead to a default judgment. Unless the notice is served by publication, a copy of the new or amended pleading must be attached.

The rule allows three ways to serve this notice: the same methods used for serving a summons, prepaid certified or registered mail with a signed return receipt, or publication under the same procedures used for notice of a pending action. Whichever method is used, service is not complete until the notice reaches the party or the required proof is filed.

Frequently Asked Questions

Why would I get a notice under Rule 105 if I am already part of a lawsuit?

Because someone is seeking new or additional relief against you that you were not previously on notice about, often through an amended pleading or a counterclaim, and you have not otherwise been made a party entitled to notice.

How much time do I have to respond to a Rule 105 notice?

Thirty days after service, receipt by certified or registered mail, or the first publication of the notice, not counting the day of service or publication itself.

Does a copy of the new claim have to come with the notice?

Yes, unless the notice is served by publication or the court excuses it for good cause on an ex parte application.

Can this notice be served by mail?

Yes. Rule 105(b)(2) allows service by prepaid certified or registered mail, with restricted delivery and a return receipt when the recipient is an individual.

What happens if I ignore a Rule 105 notice?

The court can enter a default judgment against you on the new or additional relief sought, so it is important to file an answer or appearance within the 30-day window.

Committee Comments

(Revised September 29, 1978)

Rule 105, as adopted in 1967, carried forward former Rule 7-1 without change. Subparagraph (b)(2) was amended in 1978 to permit service by “certified or registered mail addressed to the party, restricted delivery, return receipt requested showing to whom, date and address of delivery,” instead of “registered mail addressed to the party, return receipt requested, delivery limited to addressee only,” the latter class of postal service having been discontinued.

Amendment History

Amended September 29, 1978, effective November 1, 1978; amended May 28, 1982, effective July 1, 1982; amended November 21, 1988, effective January 1, 1989; 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: notice of additional reliefdefault judgment notice illinoisnotice to party in defaultamended complaint notice requirementsservice by publication default