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Entry of Appearance Waiver and Consent Form

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ENTRY OF APPEARANCE WAIVER AND CONSENT FORM

Purpose

The entry of appearance is a substitute for service on your spouse of a summons and a copy of the petition for dissolution of marriage. If your spouse will sign the entry of appearance, he/she is agreeing that the case can go ahead as if he/she had already gotten a summons and had not filed any response with the court. This is a substitute so, if your spouse signs the entry of appearance, you do not have to serve him/her with a summons.

What You Have to Do

If your spouse is willing to sign the entry of appearance, you must complete the entry of appearance and have your spouse sign it in front of a notary public and have it notarized. It can then be filed with the circuit clerk. Since this document is your spouse’s entry and not yours, neither your fee waiver nor your payment of your own filing fees covers the cost of filing this document. Therefore, the filing fee for the filing of your spouse’s entry of appearance must be paid or your spouse must get a fee waiver from the judge.

How to Complete the Sheet

You have two choices. You can fill in the form on your computer and then print the form. Or, you can print the form from your computer and fill in the form with a pen or typewriter.

To use your computer to fill in the form, move your mouse over the lines you need to fill in and start typing your information. If you want to erase all of the information you have typed in the form, click on the “form reset” button on the last page of the form.

Please note that you cannot type in the spaces where your signature is required. Additionally, you will need to have this form signed and stamped by a notary public. Do not write or type in the spaces that the notary should complete.

Each numbered instruction corresponds to the same number on the Entry of Appearance.

(1) Insert the number of the circuit in which your courthouse is located.

(2) Insert the name of the county in which you are filing your case.

(3) Insert your name.

(4) Insert the name of your spouse.

(5) Insert the case number assigned by the Circuit Clerk.

(6) Insert the name of your spouse.

(7) Insert the date this form is signed by your spouse.

(8) Have your spouse sign the form on this line.

(9) Insert the name of your spouse.

(10) Insert the name of the State in which your spouse will be signing the entry.

(11) Insert the name of County in which your spouse will be signing the entry.

(12) Have the Notary Public put his/her name here.

(13) Insert the name of your spouse.

(14) Have the Notary Public insert the date on which the document is notarized.

(15) Have the Notary Public sign the entry here.

STATE OF ILLINOIS

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT

COUNTY

IN RE THE MARRIAGE OF:

,

Plaintiff,

and

,

Defendant.

No.

ENTRY OF APPEARANCE

WAIVER AND CONSENT

I, , hereby enter my appearance in the above-entitled cause as Defendant therein, and expressly waive my right to be served with a summons and copy of the petition for dissolution of marriage and consent that the case may go forward with the same force and effect as though I had been served with a summons and a copy of the dissolution of marriage and 30 days had passed without a response or appearance by me.

I further state that I understand that I have the right to seek my own attorney or represent myself in this case, but have voluntarily chosen not to do so.

I further certify that I am aware that property owned by myself and Plaintiff may be classified as marital or non-marital property, and I am aware that marital misconduct does not enter into a judicial division of that property. I waive any right that I have to all of said property other than that which will be awarded to me in accordance with the terms of any Judgment of Dissolution of Marriage entered in this case.

I further consent that immediate default may be taken and entered therein against me upon the filing of this appearance or at any time thereafter, and that an immediate hearing in this case may be had without further notice to me.

Date:

Signature:

Print Name

STATE OF )

COUNTY OF )

I, , a Notary Public in and for said County and State, do hereby certify that , personally known to me to be the same person whose name is subscribed to the foregoing waiver of summons, appeared before me this day in person, and acknowledged that he signed said appearance as his free and voluntary act, for the purpose therein set forth.

Given under my hand and Notarial Seal on .

NOTARY PUBLIC

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What the Entry of Appearance Waiver and Consent Form Is

The Entry of Appearance Waiver and Consent Form is a legal document used to record that a party or their attorney is formally entering an appearance in a matter, while simultaneously waiving specified procedural rights and providing consent to particular jurisdictional or procedural actions. Typical uses include permitting a representative to accept service, consenting to electronic notices or filings, or waiving in-person appearance requirements. The form clarifies who represents whom, what rights are waived, and the scope of consent, creating a clear record for the court, agency, or opposing party.

Why this Form Matters for Process and Recordkeeping

Completing the Entry of Appearance Waiver and Consent Form creates a written record that reduces disputes about service, representation, and jurisdiction. It streamlines procedural steps, clarifies authority, and documents informed consent to specific actions or waivers.

Why this Form Matters for Process and Recordkeeping

Who Typically Completes the Form and Why

Use the form when representation or procedural consent must be recorded in writing to prevent later challenges to service, authority, or jurisdiction.

  • Attorneys and law firms completing formal appearance records and consenting to substituted service or electronic delivery when allowed by rule.
  • Individuals or corporate representatives waiving certain procedural appearances while preserving other rights and confirming contact information.
  • Administrative staff or paralegals preparing the form for submission to courts, tribunals, or agencies as part of case intake.

Primary Signatories and Their Roles

Attorney

An attorney entering an appearance signs to confirm representation, accepts service on behalf of the client if authorized, and may specify the scope of any waiver or consent. Include bar number and firm contact details to avoid service disputes.

Client

A represented party signs to acknowledge the attorney's appearance and to consent to any listed waivers (for example, waiver of in-person appearance). The client should initial or sign each waiver clause to show informed consent.

Core Elements to Include in a Professional Form

A complete Entry of Appearance Waiver and Consent Form includes identifiers, representation details, explicit waiver language, consent provisions, signature blocks, and filing instructions to ensure enforceability and clarity.

Case Identifiers

Court or agency name, docket or file number, and party names so the form attaches to the correct matter and avoids administrative misfiling.

Representative Details

Attorney name, bar number, firm, mailing and email addresses, and phone number for service and contact purposes.

Waiver Clauses

Clear, specific statements identifying which procedural rights are waived (for example, in-person appearance or formal service) and any conditions.

Consent Provisions

Explicit consent to actions such as electronic service, substitution of service, jurisdictional consent, or receipt of notices by email.

Signature Blocks

Signed and dated blocks for each signatory with printed names, titles, and capacity (individual, corporate officer, authorized agent).

Filing Directions

Instructions identifying where to file or send the completed form, including clerk's office details or agency submission guidelines.

Step-by-Step: Completing the Form

Follow these ordered steps to complete and submit an Entry of Appearance Waiver and Consent Form accurately.

  • 01
    Prepare case details: Confirm court/agency name and docket number.
  • 02
    Identify representation: Provide attorney name, bar number, and contact info.
  • 03
    Specify waivers and consents: List each waiver or consent with precise language.
  • 04
    Sign, date, and file: Obtain signatures, then submit per filing rules.

Where to File and How the Form Moves Through the System

Submission instructions vary by jurisdiction; follow local court or agency rules for filing, service, and record retention to ensure acceptance.

  • Clerk's Office: File with the appropriate court clerk or agency docketing unit.
  • Electronic Filing: Upload via the jurisdiction's e-filing portal when available.
  • Service on Parties: Serve opposing parties per local rules or record consent to electronic service.
  • Record Retention: Keep a signed copy and proof of filing for compliance.

Digital Submission and Technical Considerations

Retain the signed electronic record and audit trail (timestamps, IP, signer email) to support attribution and retention obligations.

  • File Formats: PDF/A or searchable PDF preferred.
  • Authentication: Use email verification, SMS code, or stronger ID methods.
  • Integrations: Platforms should support integrations like Microsoft 365 and Google Workspace.

Customizing an Online Workflow for This Form

Map the online settings before sending to ensure correct signer order, authentication, and notifications.

Field Configuration
Signer Order Set attorney then client sequence
Authentication Email + SMS code recommended
Conditional Fields Show waiver clauses only if checked
Notifications Enable delivery receipts and reminders

Typical Timelines, Deadlines, and Processing Expectations

Timing depends on local rules; the list below summarizes common deadlines and processing expectations you should confirm with the specific court or agency.

Service Deadline:

Submit per local rules, often contemporaneous with filing.

Filing Window:

Some matters require filing within 30 days of appearance.

Processing Time:

Clerk or agency may take days to post docket entry.

Retention Start:

Retention begins on the filing date or execution date.

Appeal or Objection:

Deadlines for objections vary; check local rules.

Penalties and Risks of an Incorrect Form

Invalid Appearance: May be rejected by clerk
Waiver Dispute: Waiver may be contested
Service Failures: Missed service rights preserved
Jurisdictional Challenge: Consent may not be binding
Late Filing: Could incur procedural sanctions
Record Gaps: Loss of evidence for enforcement

Common Mistakes to Avoid When Preparing This Form

  • Failing to include the correct docket number or court name, which leads to misfiling and administrative rejection.
  • Using vague waiver language such as 'all rights' instead of listing specific rights to ensure informed consent is documented.
  • Omitting attorney bar number or capacity designation, producing uncertainty about who may accept service.
  • Submitting without verifying the receiving agency accepts electronic signatures or the selected authentication method.

Representative Use Cases

These short examples illustrate typical scenarios where the form clarifies representation and consent.

Law Firm Intake

An attorney files an appearance to represent a client

  • The firm accepts service electronically
  • The form documents the attorney's authority and the client's written consent to electronic notices, preventing service disputes later.

Administrative Hearing

A party waives in-person attendance for a preliminary conference

  • The representative consents to remote proceedings
  • The form records consent and waivers so the tribunal can proceed without delay or need for re-noticing.

Security and Compliance Considerations for Electronic Submission

Encryption: AES-256 at rest
In-transit: TLS 1.2/1.3
Access Controls: Role-based access
Audit Trail: Timestamped events
BAA: Available for HIPAA needs
Standards: SOC 2 Type II certified

eSignature Pricing Comparison for Form Completion

Pricing and feature availability vary by vendor and plan; the table below summarizes common starting prices and key capabilities used when completing and submitting forms electronically.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies Varies Varies Varies
Bulk Send Yes (Premium+) Varies Varies Varies Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions and Troubleshooting

Practical answers to common execution, filing, and enforceability questions for the Entry of Appearance Waiver and Consent Form.


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