A Guide to Hey, Maybe Don’t Serve Motions on Dead Opposing Counsel

A Guide to Hey, Maybe Don’t Serve Motions on Dead Opposing Counsel

What should you know about a guide to hey, maybe don’t serve motions on dead opposing counsel?

Quick Answer: **Core Legal Insight:** When opposing counsel dies, serving documents on them constitutes defective service that exposes you to motions to strike, sanctions, and timeline delays—while handing successor counsel immediate procedural leverage. The proper protocol requires verifying attorney registration status before every service and, upon discovering a death, filing a suggestion of death with the court and serving the represented party directly under applicable court rules.
Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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