3rd Judicial Circuit Court, Madison County, Illinois

Mandatory e-filing resumed under this administrative order.

AO 2022-M-11 Resumption of Mandatory E-Filing

Page 1 | 3rd Circuit Court Administrative Orders

The Circuit Clerk was to gradually mandate e-filing before January 1, 2018.

E-File Circuit Clerk will gradually mandate efiling before January 1, 2018 date (July 28,2017)

Page 1 | Local Administrative Court Orders (1995 - 2018)

Electronic filing is mandatory in civil cases under this order.

M.R. 18368 Mandatory Electronic Filing in Civil Cases

Page 1 | Supreme Court Orders

A lawyer may submit a motion to continue by email to the Court and the State's Attorney, and the Court will cause it to be filed.

- 2. Email to the Court at pbalfeld@co.madison.il.us and to the State's Attorney at sbtwilliams@co.madison.il.us a Motion to Continue and proposed Order and the Court will cause the motion to be filed and the order entered.

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

A lawyer may submit an email continuance request when time constraints or an emergency prevent a formal motion, and the Court will file a copy of the email with the blue sheet.

- 3. At a minimum, if a lawyer is unable to file a formal motion because of time constraints/emergency, the Court will accept a brief email requesting a continuance and will file a copy of that email along with the "blue sheet".

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

Confidential, impounded, and sealed documents must be filed conventionally, but motions for leave to file under seal may be e-filed and designated as such.

Confidential, impounded and sealed documents shall be submitted conventionally to the clerk's office for filing; however, motions for leave to file a document under seal may be e-filed and designated as such at the time of e-filing.

Page 1 | RULE 2. DESIGNATION OF ELECTRONIC FILING CASE TYPES

A PIN holder must not knowingly permit anyone other than authorized law-firm attorneys or employees or qualifying designated co-counsel to use the PIN.

As a minimum security measure, no PIN holder shall knowingly authorize or permit his or her PIN to be used by anyone other than authorized attorneys or employees of the attorney’s law firm or designated co-counsel, where it has been established in writing by the PIN holder that designated counsel may file documents on behalf of the assigning.

Page 2 | RULE 4. AUTHORIZED USERS

The e-filer’s username and password serve as the signature on each e-filed document and authorize payment of applicable filing and service fees.

This username and password shall also function as a signature on each e-filed document, as provided in Rule 9, and will authorize payment of all filing fees and service fees, if any, as provided in Rule 10.

Page 2 | RULE 4. AUTHORIZED USERS

A user must not knowingly allow anyone other than court- or clerk-designated staff to use the Clerk’s PIN.

No PIN user shall knowingly authorize or permit the Clerk’s PIN to be used by anyone other than staff members designated by the Court or the Clerk of the Court.

Page 2 | RULE 4. AUTHORIZED USERS

E-filers must register through the provider’s website and provide the requested information, including a secure username and password.

Registration for e-filers shall be available on the e-filing provider’s website. The registrant shall provide the e-filing provider the requested registration information, including a secure username and password to use when e-filing a document.

Page 2 | RULE 4. AUTHORIZED USERS

After receiving a properly executed subscriber agreement and written notice to the Clerk, the vendor assigns a confidential PIN that the subscriber must use for e-filing and related case-document activity.

Upon receipt by the Vendor of a properly executed E-file Subscriber Agreement, and notification to the Clerk of the Circuit Court in writing, the vendor shall assign to the Subscriber a confidential Personal Identification Number (PIN). The Subscriber shall use this PIN to file, serve, receive, review and retrieve electronically filed pleadings, orders and other documents in an assigned case.

Page 2 | RULE 4. AUTHORIZED USERS

Electronic filing is authorized in designated cases, but filers may instead file covered documents in conventional paper format, which the Clerk scans into the electronic file.

The Circuit Court hereby authorizes electronic filing in each of the designated cases as identified in Rule 2 Designation of Electronic Filing Case Types, of this Part 7. Once a case becomes an e-file case, the Clerk of the Circuit Court may accept subsequent filings electronically through an approved Vendor or through the Clerk’s computer workstation. At no time shall e-filing prevent or exclude the ability to file any valid pleading with the Clerk of the Third Judicial Circuit Court. Any document which may be filed under these procedures may instead be filed with the Clerk of the Circuit Court in conventional paper format. The Clerk shall scan conventionally filed documents into the electronic file.

Page 3 | RULE 5. METHOD OF FILING

Items unsuitable for electronic filing, including sealed documents and physical exhibits that cannot be adequately imaged, must be filed in physical form at the location directed by court order.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s Office or in the Courtroom, as directed by order of the Court.

Page 3 | RULE 5. METHOD OF FILING

Documents for more than one case submitted in a single transaction will be rejected.

Documents in more than one case submitted in a single transaction will be rejected.

Page 5 | RULE 8. REQUIREMENTS OF AN ELECTRONIC DOCUMENT

Orders issued by the Presiding Judge must be e-filed.

Orders issued by the Presiding Judge shall bear a typographic or electronic signature and an official e-filing court stamp, and shall be e-filed

Page 6 | RULE 9. SIGNATURES

An accepted electronic filing must receive a visible electronic file stamp containing the stated court, clerk, filing date and time, and “FILED”; an electronic document is not officially filed without the stamp.

Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp. The file stamp will be applied by the deputy clerk accepting the filing and shall set forth the Third Judicial Circuit Court, Madison County, the name and office of the clerk and the official date and time of filing, and contain the word “FILED”. This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronic documents are not officially filed without the electronic filing stamp. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.

Page 7 | RULE 8. REQUIREMENTS OF AN ELECTRONIC DOCUMENT

A person filing electronically is responsible for ensuring the document is complete, readable, and properly filed, just as with conventional filing.

A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.

Page 7 | RULE 8. REQUIREMENTS OF AN ELECTRONIC DOCUMENT

A document requiring a statutory filing fee to achieve valid filing status must be filed electronically in the same manner as any other e-filed document.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

Page 8 | RULE 12. COLLECTION OF FEES

Appellate and post-judgment enforcement documents and notices must be filed conventionally rather than electronically.

All appellate and post-judgment enforcement proceeding documents and notices shall be filed and served in the conventional manner and not by means of e-filing.

Page 1 | RULE 2. DESIGNATION OF ELECTRONIC FILING CASE TYPES

Items not suitable for electronic filing, including sealed documents and certain physical exhibits, must be filed in physical form at the location directed by court order.

Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s Office or in the Courtroom, as directed by order of the Court.

Page 3 | RULE 5. METHOD OF FILING

A document requiring a statutory filing fee to achieve valid filing status must be filed electronically in the same manner as other e-file documents.

The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.

Page 8 | RULE 12. COLLECTION OF FEES

Any party may file a motion to defer mediation within 14 days after the referral order.

Within fourteen (14) days of the Order of Referral, any party may file a motion with the Court to defer the mediation.

Civil cases

Page 2 | RULE 3. SCHEDULING OF MEDIATION

The movant must set the motion to defer for hearing before the scheduled mediation date.

The movant shall set the motion to defer the mediation proceeding prior to the scheduled date for mediation.

Civil cases

Page 2 | RULE 3. SCHEDULING OF MEDIATION

A party may move to dispense with mediation within 14 days after the referral order on one of the stated grounds.

A party may move, within fourteen (14) days after the Order of Referral, to dispense with mediation if: 1. The issue to be considered has been previously mediated between the same parties, 2. The issue presents a question of law only; 3. Other good cause is shown.

Civil cases

Page 2 | RULE 3. SCHEDULING OF MEDIATION

The required notice to the Court must be given within the next seven days if the parties cannot agree on a mediator within 14 days.

If the parties cannot agree upon a mediator within fourteen (14) days of the Order of Referral, the plaintiff’s attorney (or another attorney agreed upon by all attorneys) shall so notify the Court within the next seven (7)

Civil cases

Page 2 | RULE 4. MEDIATION RULES AND PROCEDURES

The mediator must file a report with the court within 14 days after mediation terminates.

Within fourteen (14) days after the termination of mediation for any reasons, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.

Civil cases

Page 5 | RULE 4. MEDIATION RULES AND PROCEDURES

The mediator must submit the report to the court within 10 days after the last day of the mediation conference.

The mediator shall prepare the mediator’s report and submit it to the court within ten (10) days of the last day of the mediation conference.

Civil cases

Page 1 | MED-MAL ORDER OF REFERRAL TO MEDIATION

Parties choosing mediation by stipulation must file a Mediation Selection Submittal Form within 7 days of entry; otherwise, the court will appoint a judicial mediator by rotation if they fail to agree and file the form.

Within 7 days of the entry of this order, the parties may stipulate to mediation by a judicial mediator or by an alternative, compensated mediator from the list maintained by the court and file a Mediation Selection Submittal Form with the court. Failure to agree and file said submittal will result in the court appointing a judicial mediator by rotation.

Civil cases

Page 1 | MED-MAL ORDER OF REFERRAL TO MEDIATION

The parties may choose a certified mediator and notify the court within 14 days after entry of the order.

Within 14 days of the entry of this order, the parties may choose a certified mediator and so advise the court in writing.

Civil cases

Page 1 | ORDER OF REFERRAL TO MEDIATION: NON-MEDICAL

The mediator’s report must be submitted within ten days after the last day of the mediation conference.

The mediator shall prepare the mediator’s report and submit it to the court within ten (10) days of the last day of the mediation conference.

Civil cases

Page 1 | ORDER OF REFERRAL TO MEDIATION: NON-MEDICAL

A party seeking to use the Section II.B. procedures must file a stipulation within seven days of the Order; a party that does not stipulate cannot use those procedures and is governed by the stated Illinois law.

IT IS HEREBY ORDERED that any party wishing to stipulate to the procedures outlined in Section II.B. of the Madison County Standing Case Management Order For All Asbestos Personal Injury Cases entered this date shall file such stipulation with the Court within seven (7) days of the date of this Order. Any party not so stipulating shall not be allowed to benefit from the procedures set forth in Section II.B. but shall be governed by the Illinois Code of Civil Procedure and Illinois case law pertaining to motions on the pleadings and motions asserting lack of jurisdiction, change of judge, forum non-conveniens or statute of limitations.

Civil cases

Page 1 | ORDER

Failing to file the specified Motion to Dismiss constitutes a waiver and bars later assertion of the argument.

Failure to file a Motion to Dismiss as provided in this paragraph shall constitute a waiver and bar against asserting this argument at any other time.

Civil cases

Page 8 | B.2.d

A defendant contesting the sufficiency or operation of deemed counterclaims must file a Motion to Dismiss with the Circuit Clerk within 60 days of entering an appearance.

(d) Any defendant who contests the sufficiency and operation of deemed counterclaims as provided in Section B.2.a. shall file a Motion to Dismiss the deemed counterclaim with the Circuit Clerk's office within 60 days of entering its appearance in the case.

Civil cases

Page 8 | B.2.d

A settling defendant/counterplaintiff seeking to maintain a contribution action must file a complaint within 30 days after the good-faith settlement finding or the deemed contribution counterclaim will be abandoned and dismissed on day 31.

(b) A settling defendant/counterplaintiff who desires to maintain a contribution action against remaining defendants on the basis that its settlement has resulted in having paid more than its pro rata share shall file with the Circuit Clerk within 30 days after the finding of a good faith settlement a complaint for contribution identifying separately the defendants against whom the action is brought. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file such a complaint for contribution shall be an abandonment of the "deemed" counterclaim for contribution, and the contribution claim shall be deemed to be dismissed without prejudice for want of prosecution without further order of Court on the 31st day after a good faith finding is made by the Court.

Civil cases

Page 9 | 3. Settling Defendants

A settling defendant that previously filed a counterclaim must seek leave to amend its contribution claim by the 30th day after the good-faith finding or the claim will be dismissed without prejudice on day 31.

A settling defendant who had previously filed a counterclaim with the Circuit Clerk, as opposed to relying on the deemed filed counterclaim, shall seek leave of Court no later than the 30th day after the good faith finding to amend its claim for contribution reflecting that it has settled the case with the plaintiff and that it is seeking to recover from defendants in contribution. Failure to do so will result in a dismissal without prejudice for want of prosecution without further order of court on the 31st day after a good faith finding is made by the court.

Civil cases

Page 9 | 3. Settling Defendants

To maintain a contribution action after a voluntary dismissal or dismissal without prejudice, a defendant/counterplaintiff must file within 30 days; failure results in dismissal on day 31, but a contribution claim filed before the dismissal is unaffected.

To maintain a contribution action against a defendant/counterdefendant which has been voluntarily dismissed, or otherwise dismissed without prejudice, a defendant/counterplaintiff must file within 30 days after the voluntary dismissal or dismissal without prejudice a complaint for contribution with the Circuit Clerk, identifying separately the defendants against which the action is brought. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file a complaint for contribution with the Circuit Clerk within this time shall constitute an abandonment of the contribution action and the contribution action shall be deemed to be dismissed without prejudice on the 31st day following the voluntary dismissal or dismissal without prejudice for want of prosecution without further order of Court. A dismissal without prejudice or plaintiff's voluntary dismissal shall not affect a claim for contribution which was filed with the Circuit Clerk by a defendant/counterplaintiff prior to dismissal without prejudice or the voluntary dismissal by the plaintiff.

Civil cases

Page 10 | 4. Defendants Dismissed without Prejudice

A defendant/counterplaintiff seeking to maintain a contribution action after summary judgment or dismissal with prejudice must file a complaint for contribution with the Circuit Clerk within 30 days after the order.

To maintain a contribution action against a defendant/counterdefendant which has been granted summary judgment or has been dismissed with prejudice in the plaintiffs case, a defendant/counterplaintiff must file with the Circuit Clerk within 30 days after the order granting summary judgment or dismissal with prejudice a complaint for contribution, identifying separately

Civil cases

Page 10 | 5. Defendants which have been granted Summary Judgment or Have Been Dismissed With Prejudice

Failure to file the contribution complaint within the applicable time results in dismissal without prejudice on the 31st day after the summary-judgment order, without further court order.

Failure to file a complaint for contribution with the Circuit Clerk within this time shall constitute an abandonment of the contribution action and the contribution action shall be deemed to be dismissed without prejudice on the 31st day following the order of summary judgment for want of prosecution without further order of Court.

Civil cases

Page 11

A defendant with a judgment and a basis for contribution must file a contribution complaint with the Circuit Clerk within 30 days after appellate remedies are barred or exhausted.

Defendants who have had judgments rendered against them in the plaintiff's case and who have a basis to maintain an action for contribution must file with the Circuit Clerk a complaint for contribution within 30 days after all appellate remedies are either barred or exhausted.

Civil cases

Page 11 | 6. Defendants who have judgments rendered against them

Failure to file the contribution complaint as required results in dismissal without prejudice on the 31st day after appellate remedies are barred or exhausted, without further court order.

Failure to file a complaint for contribution in this manner shall be an abandonment of the "deemed" counterclaim for contribution, and the contribution claim shall be deemed to be dismissed without prejudice for want of prosecution on the 31st day after all appellate remedies are either barred or exhausted without further order of Court.

Civil cases

Page 11 | 6. Defendants who have judgments rendered against them

Defendants with a good-faith settlement finding who wish to maintain a contribution action must file a contribution complaint with the Circuit Clerk within 30 days after entry of the order.

For defendants which have obtained a good faith finding pursuant to a settlement with the plaintiff and wish to maintain a contribution action against another defendant must file with the Circuit Clerk within 30 days after entry of this order a complaint for contribution identifying separately the defendants against whom the action is brought.

Civil cases

Page 12 | 8. Applicability

The Form A-1 and Form A-2 must be deposited no later than the date plaintiff deposits interrogatory answers in the CRD.

No later than the date that plaintiff deposits answers to interrogatories in the CRD, plaintiff will complete and deposit the CMS Form ("Form A-1‖) (or such new or amended form as CMS may provide) and the authorization ("Form A-2") in the CRD.

Civil cases

Page 74 | Medicare Reporting

The mediator must notify the parties in writing of the mediation conference date and time within 28 days after the referral order.

Within 28 days after the Order of Referral, the mediator shall notify the parties in writing of the date and time of the mediation conference.

Civil cases

Page 2 | RULE 3. SCHEDULING OF MEDIATION

Notice of the hearing on a motion to defer must be provided to all interested parties, including any appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.

Civil cases

Page 2 | RULE 3. SCHEDULING OF MEDIATION

The Court must serve every party with the motion docket identifying matters set for hearing, regardless of that party’s involvement in the proceeding.

The Court shall serve all parties with the motion docket identifying the matters set for hearing regardless of the parties involvement in the proceeding.

Civil cases

Page 14 | II. CASE MANAGEMENT

A proceeding covering cases filed by a particular plaintiffs’ lawyer or firm must comply with the stated notice requirements and does not affect clients of other plaintiffs’ lawyers or firms.

Proceedings may also be held in all cases filed by a particular plaintiff lawyer or law firm representing plaintiffs. Such proceeding shall comply with the notice requirements set forth above, except that the notice shall specify "All Asbestos Cases Filed by [plaintiff firm]." Such proceeding is presumptively effective as to all parties to those cases receiving the requisite notice, but shall not affect the existing or future clients of other lawyers or law firms representing plaintiffs.

Civil cases

Page 14 | II. CASE MANAGEMENT

A proceeding noticed in All Asbestos Litigation is presumptively effective for the described parties and counsel’s future clients who receive the required notice; parties without at least seven days’ notice are not bound by its results.

Proceedings may be held in "All Asbestos Litigation," including, but not limited to, motions or discovery. Such proceeding, if specifically noticed in "All Asbestos Litigation," shall be presumptively effective as to any party receiving notice at least seven (7) days of the same, including any defendant or plaintiff in any asbestos case at the time and, where applicable, any respondent in discovery. Such proceedings are also presumptively effective as to the future clients of any plaintiffs' lawyer or law firm receiving notice. The Court shall serve all parties with the motion docket identifying the matters set for hearing regardless of the parties involvement in the proceeding. Parties not receiving the requisite seven (7) days notice are not bound by the results of such a proceeding.

Civil cases

Page 14 | II. CASE MANAGEMENT

Parties serving additional discovery requests beyond those deemed served by the order must file a certificate of service with the Clerk instead of the discovery request.

Parties serving discovery requests in addition to the automatic discovery requests deemed served in this order shall file a certificate of service with the Clerk's office in lieu of the discovery request.

Civil cases

Page 16 | 1 (b) Filing Procedures

Parties filing a master pleading must serve it on the parties against whom it will be effective and, upon request, on other parties.

Parties filing master pleadings shall serve the master pleading on all parties against whom it is to be effective and to other parties upon request.

Civil cases

Page 17 | ii. "All Asbestos Litigation" and "All Asbestos Cases Filed by [Plaintiff Firm]"

discovery requests shall file a certificate of service with the Clerk's office in lieu of the discovery compliance.

discovery requests shall file a certificate of service with the Clerk's office in lieu of the discovery compliance.

Civil cases

Page 17 | I. Pleadings

The Court must serve the trial settings on all parties.

The Court shall serve the trial settings to all parties.

Civil cases

Page 19 | 3. Trial Setting

Summary judgment motions must be served and noticed at least ten days before the hearing, without exception.

All motions for summary judgment shall be served and noticed at least ten (10) days in advance of hearing, without exception.

Civil cases

Page 20 | B. Motion Practice — 1. General

A plaintiff may serve defendants with records, eligible documents, or tangible items by filing them with the Records Depository and serving defendants a notice specifying the items filed; pleadings and answers to interrogatories are excluded.

A plaintiff may effect service upon defendants of any record, document (excluding pleadings or answers to interrogatories) or tangible item (including pathological materials and x-rays) by filing the same with the Records Depository and serving a notice of filing upon defendants, which specifies the item(s) being filed.

Civil cases

Page 22 | C. Records Depository

Before expedited-trial treatment, the plaintiff must provide all defendants the specified interrogatory answers, medical information, and documents or releases, subject to the stated expert-review exception.

Before a case will be expedited for trial, the plaintiff shall provide the following to all defendants: answers to standardized interrogatories; medical information in plaintiff's possession, including x-rays, CT scans, MRI's, tissue slides and/or pathology (except where necessary review by plaintiff's expert precludes the same); and any documents or releases called for in this Standing Order.

Civil cases

Page 23

Give opposing counsel seven days’ written notice of a treating-physician deposition unless the parties agree otherwise.

Seven (7) days written notice of a deposition of any treating physician shall be given to opposing counsel unless otherwise agreed-to by the parties.

Civil cases

Page 28 | 3. Procedure for Plaintiff and Fact Witness Depositions

A party listing a new expert must serve the expert disclosure with the expert witness list.

Any party listing a new expert shall serve, with the expert witness list, a disclosure setting forth the general subject matter of the expected testimony, the substance of the expert's opinions, the basis thereof and a curriculum vitae for that expert.

Civil cases

Page 30 | 4. Experts.

The sponsoring party must serve the supplemental disclosure together with the expert witness list.

If an expert's opinions, conclusions or the basis thereof with regard to general issues have changed since his/her last deposition or the expert will testify as to additional matters, the party sponsoring the expert shall serve, with the expert witness list, a supplemental disclosure setting forth the subject matter of the changes or additions, the substance of the expert's opinion with regard to the changes or additions and the basis of that opinion.

Civil cases

Page 31 | (a) General Expert Testimony

A respondent in discovery must be notified of any proceeding affecting its interests.

A respondent in discovery shall be notified of any proceeding affecting its interests.

Civil cases

Page 34 | 5. Respondents in Discovery

A plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the standardized interrogatories attached as Exhibit 1.

Any plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the standardized interrogatories which are attached hereto as Exhibit 1.

Civil cases

Page 34 | 6. Written Discovery

Plaintiffs’ lawyers or firms must serve written discovery requests for their clients as a whole, rather than client by client, unless individual requests are necessary and non-duplicative; duplicative discovery among plaintiffs or groups should be avoided.

Each lawyer/law firm representing plaintiffs in asbestos cases shall serve written discovery requests upon each defendant from the lawyer/law firm's clients as a whole and not from each client individually (unless necessary and non-duplicative). Duplicative discovery on behalf of different plaintiffs or groups of plaintiffs is to be avoided.

Civil cases

Page 34 | 6. Written Discovery

A party seeking to use prior testimony as substantive evidence must provide the required listing to opposing counsel no later than 60 days before trial, unless it was previously provided in a master pleading.

Any party seeking to use any portion of such prior deposition or trial testimony as substantive evidence at trial shall, no later than sixty (60) days before a scheduled trial date (if not previously provided in a master pleading), provide opposing counsel with a listing of: (a) the depositions that such party wishes to use; (b) the parties named in the lawsuit in which the deposition was taken; (c) the parties against whom each deposition will be used; and (d) the specific issues on which the deposition will be offered as substantive evidence.

Civil cases

Page 39 | V. Trial Matters; A. Use of Discovery, Depositions and Trial Testimony From Other Cases

Orders issued by the Presiding Judge must be served.

Orders issued by the Presiding Judge shall bear a typographic or electronic signature and an official e-filing court stamp, and shall be e-filed and served.

Page 6 | RULE 9. SIGNATURES

Defendants seeking review of a non-plaintiff deponent’s discovery deposition must serve the motion for additional time within seven days of the deposition.

To obtain review regarding the discovery deposition of a deponent who is not a plaintiff, defendant(s) must file and serve a motion for additional time within seven (7) days of the date of the deposition and notice the same for a hearing on the next available hearing date, unless plaintiff agrees to a later date.

Civil cases

Page 37

A contribution claim filed with the Circuit Clerk must be accompanied by the appropriate filing fee when filed.

Claims for contribution which are filed with the Circuit Clerk shall be accompanied by the appropriate filing fee at the time they are filed with the Circuit Clerk.

Civil cases

Page 12 | 7. Proceeding with Counterclaims

Before each business day, the Vendor must transmit the previous day’s statutory filing fees to the Clerk and provide a transaction breakdown; it collects the fees from Subscribers by direct billing unless waived by court order or law.

Prior to the start of each business day, the Vendor shall electronically transmit to the Clerk’s bank account all statutory filing fees required for the previous day’s electronic filings. The Vendor shall electronically provide the Clerk’s Accounting Department a detailed breakdown including case number, type of transaction and party being billed for the payment for each deposit. The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the Subscriber through direct billing of that Subscriber, unless the payment of the fee has been waived by court order of law.

Page 8 | RULE 12. COLLECTION OF FEES

The Circuit Clerk must charge the Plaintiff an additional $100 filing fee in Madison and Bond County mortgage foreclosure cases, with the collected fees maintained for the mediation program.

In all Madison and Bond County cases where a complaint is filed to foreclose a mortgage (residential, commercial, industrial, or other), the Circuit Clerk shall charge the Plaintiff an additional $100.00 filing fee to defray the cost of the Madison/Bond County Residential Mortgage Foreclosure Mediation Program. The fees collected shall be forwarded to the Madison County Treasurer and maintained in a separate fund subject to disbursement on order of the Chief Judge of the Third Judicial Circuit.

Civil cases

Page 1 | C. Participant Program Costs

The vendor must remit the previous day’s statutory filing fees to the Clerk before each business day, provide an electronic deposit breakdown, and collect fees from subscribers by direct billing unless waived by court order or law.

Prior to the start of each business day, the Vendor shall electronically transmit to the Clerk’s bank account all statutory filing fees required for the previous day’s electronic filings. The Vendor shall electronically provide the Clerk’s Accounting Department a detailed breakdown including case number, type of transaction and party being billed for the payment for each deposit. The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the Subscriber through direct billing of that Subscriber, unless the payment of the fee has been waived by court order of law.

Page 8 | RULE 12. COLLECTION OF FEES

The e-filing Vendor may charge contractual fees for processing electronic filings, but may not require payment from government users or parties the Court deems indigent.

The e-filing Vendor may require payment of a fee or impose other reasonable requirements by contract with a Subscriber as conditions for processing electronic filings. Pursuant to contract terms, the e-filing Vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

Page 9

Fees for deemed-filed counterclaims are deferred until the defendant/counterplaintiff files a contribution complaint with the Circuit Clerk.

Filing fees on ―deemed filed‖ counterclaims are deferred until such time as a defendant/counterplaintiff files a complaint for contribution with the Circuit Clerk.

Civil cases

Page 11 | Proceeding with Counterclaims

A contribution claim filed with the Circuit Clerk must be accompanied by the appropriate filing fee when filed.

Claims for contribution that are filed with the Circuit Clerk shall be accompanied by the appropriate filing fee at the time they are filed with the Circuit Clerk.

Civil cases

Page 12 | Proceeding with Counterclaims

All filing fees and other fees associated with filing a complaint must be paid when the complaint is filed.

All filing fees and all other fees associated with the filing of a complaint shall be paid at the time of the filing of the complaint.

Civil cases

Page 60 | Placement of Additional Claims on Registry

A contribution claim filed with the Circuit Clerk must be accompanied by the appropriate filing fee.

Claims for contribution that are filed with the Circuit Clerk shall be accompanied by the appropriate filing fee at the time they are filed with the Circuit Clerk.

Civil cases

Page 13

All filing fees and other complaint-related fees must be paid when the complaint is filed.

All filing fees and all other fees associated with the filing of a complaint shall be paid at the time of the filing of the complaint.

Civil cases

Page 70 | D. Placement of Additional Claims on Registry; 1. Procedure

For the specified Madison County eviction cases, the Circuit Clerk must forward $100 of each filing fee to the County Treasurer for the mediation program.

In all Madison County cases where a complaint is filed for eviction (possession only, up to 15,000, and 15,000.01 and over), the Circuit Clerk shall forward $100.00 of each filing fee to the Madison County Treasurer to defray the cost of the Madison County Residential Eviction Mediation Program.

Civil cases

Page 9 | M. SUSTAINABILITY PLAN INCLUDING LONG-TERM FUNDING

Filing fees on deemed-filed counterclaims are deferred until the defendant/counterplaintiff files a contribution complaint with the Circuit Clerk.

Filing fees on "deemed filed" counterclaims are deferred until such time as a defendant/counterplaintiff files a complaint for contribution with the Circuit Clerk.

Civil cases

Page 12 | 7. Proceeding with Counterclaims

The e-filer’s credentials authorize payment of any applicable filing and service fees.

This username and password shall also function as a signature on each e-filed document, as provided in Rule 9, and will authorize payment of all filing fees and service fees, if any, as provided in Rule 10.

Page 2 | RULE 4. AUTHORIZED USERS

Vendor service fees belong to the Vendor and are charged in addition to statutory filing fees.

Fees charged to e-filing Subscribers by the Vendor for Vendor services are solely the property of the Vendor and are in addition to any statutory fees associated with statutory filing fees.

Page 8 | RULE 12. COLLECTION OF FEES

The e-filing Vendor must return the electronically file-stamped document for each accepted filing without additional cost to the filer.

The e-filing Vendor shall return to the filer the electronically file stamped document of each accepted filing without additional cost to the filer.

Page 9 | Rule 14. Vendor Conditions

The e-filing Vendor may charge Subscribers by contract to process electronic filings, but may not require fees from government users or parties the Court deems indigent.

The e-filing Vendor may require payment of a fee or impose other reasonable requirements by contract with a Subscriber as conditions for processing electronic filings. Pursuant to contract terms, the e-filing Vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.

Page 9 | Rule 14. Vendor Conditions

Copies of documents or certifications must be available to the requesting party at a reasonable cost, including applicable fees set by rule or statute.

Copies of any document or certification of same may be provided electronically and shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rules or statute.

Page 9 | Rule 14. Vendor Conditions

Vendor service fees belong to the vendor and are additional to statutory filing fees.

Fees charged to e-filing Subscribers by the Vendor for Vendor services are solely the property of the Vendor and are in addition to any statutory fees associated with statutory filing fees.

Page 8 | RULE 12. COLLECTION OF FEES

Homeowners do not pay a fee to participate in the foreclosure mediation program.

The Madison/Bond County Foreclosure Mediation Program is free of charge to the homeowners.

Civil cases

Page 2 | C. Participant Program Costs

No additional fees are assessed when a Claimant exits the Registry.

No additional fees will be assessed upon a Claimant's exit from the Registry.

Civil cases

Page 61 | E. Removal of Claims From Registry

Paper courtesy copies customarily provided to the court remain required in e-file cases unless a specific court order provides otherwise.

Paper courtesy copies of documents customarily required to be provided to the court shall continue to be required in e-file cases, absent a specific court order to the contrary.

Page 8 | RULE 11. ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE

Paper courtesy copies customarily required by the court remain required in e-file cases unless a specific court order provides otherwise.

Paper courtesy copies of documents customarily required to be provided to the court shall continue to be required in e-file cases, absent a specific court order to the contrary.

Page 7 | RULE 11. ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE

If an attorney provides a courtesy copy of a pleading for the assigned judge, its first page must be conspicuously marked “COURTESY COPY”.

If an attorney provides a courtesy copy of a pleading for the assigned judge, the first page of the pleading must be conspicuously marked “COURTESY COPY”.

Civil cases

Page 1 | Rule 3.01 AMENDED CIRCUIT COURT RULES (C) Courtesy copies of pleadings

Sealed, confidential, and impounded documents must be submitted conventionally, while a motion for leave to file under seal may be e-filed.

Confidential, impounded and sealed documents shall be submitted conventionally to the clerk's office for filing; however, motions for leave to file a document under seal may be e-filed and designated as such at the time of e-filing.

Page 1 | RULE 2. DESIGNATION OF ELECTRONIC FILING CASE TYPES

If financial account numbers are relevant, a document may use only their last four digits.

Financial Account Numbers – If financial account numbers are relevant, only the last four digits of these numbers shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

If a document must mention a minor child, it may use only the child’s initials.

Names of Minor Children – If the involvement of a minor child must be mentioned, only the initials of that child’s name shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

If a document must include an individual’s date of birth, it may include only the year.

Dates of Birth – If an individual’s date of birth must be included in a document, only the year shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents filed electronically or conventionally, with the court, including exhibits thereto, in accordance with Supreme Court Rule 15 and Supreme Court Rule 138 (effective July 1, 2013).

Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents filed electronically or conventionally, with the court, including exhibits thereto, in accordance with Supreme Court Rule 15 and Supreme Court Rule 138 (effective July 1, 2013).

Page 4 | RULE 7. PRIVACY ISSUES

If a document must include an individual’s Social Security number, it may include only the last four digits.

Social Security Number – If an individual’s social security number must be included in a document, only the last four digits of the number shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

A pleading, document, or exhibit may be filed under seal only with court authorization; if no authorizing order has been entered, the party must first obtain leave by motion.

Filings under seal. No pleading, document or exhibit may be filed under seal unless authorized by order of court. A copy of the order authorizing the filing under seal must be attached to the proposed filing. If a party proposes to make a filing under seal and no order of court authorizing same has been entered, the Clerk will not accept the pleading, document or exhibit until leave of court pursuant to motion is first obtained.

Civil cases

Page 1 | Rule 3.01 AMENDED CIRCUIT COURT RULES (B) Filings under seal

Mediation documents other than the Complaint must be kept in a confidential file separate from the court file.

With the exception of the Complaint, all other documents for mediation shall be kept in a confidential file separate from the court file.

Civil cases

Page 2 | D. Mediation Procedure

If a document must include an individual’s Social Security number, it may include only the last four digits, subject to the Court’s authority to order otherwise.

Social Security Number – If an individual’s social security number must be included in a document, only the last four digits of the number shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

If an individual’s date of birth must be included, use only the year, subject to the Court’s authority to order otherwise.

Dates of Birth – If an individual’s date of birth must be included in a document, only the year shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

If a minor child’s involvement must be mentioned, use only the child’s initials, subject to the Court’s authority to order otherwise.

Names of Minor Children – If the involvement of a minor child must be mentioned, only the initials of that child’s name shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

If financial account numbers are relevant, use only the last four digits, subject to the Court’s authority to order otherwise.

Financial Account Numbers – If financial account numbers are relevant, only the last four digits of these numbers shall be used.

Page 4 | RULE 7. PRIVACY ISSUES

Parties and counsel must omit or redact the listed personal identifiers in all court filings, including exhibits, unless the Court orders otherwise.

Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents filed electronically or conventionally, with the court, including exhibits thereto, unless otherwise ordered by the Court:

Page 4 | RULE 7. PRIVACY ISSUES

Completed Form B must be kept confidential and may not be used or admitted in proceedings or discovery, except to defend against a related Medicare lien or fine claim.

Except to defend against a claim of lien or fine, alleged, potential or otherwise, relating to Medicare reporting or Medicare payments or liens, any completed Form B will be held confidential by plaintiff(s) and defendant(s), its insurers and re-insurers and their attorneys and will not be used or admissible in evidence in any proceeding or discovery.

Civil cases

Page 74 | Medicare Reporting

The form’s information must remain confidential and may not be used in discovery or proceedings, except for communication with the U.S. Government or its designee or to defend a Medicare lien or fine claim.

The information in this form is to be held confidential and not used in discovery or in any proceeding in evidence or otherwise, except to communicate with the U.S. Government or its designee or to defend any claim of lien or fine pursuant to Medicare statutes, rules and regulations including MMSEA Section 111.

Civil cases

Page 80 | MEDICARE CONFIDENTIAL REPORTING INFORMATION FORM

Keep the form’s information confidential and do not use it in discovery or proceedings, except for the stated communications with the U.S. Government or its designee or to defend a Medicare lien or fine claim.

The information in this form Is to be held confidential and not used in discovery or in any proceeding in evidence or otherwise, except to communicate with the U.S.Government or its designee or to defend any daim of lien or fine pursuant to Medicare statures, rules and regulations including MMSEA Section 111.

Civil cases

Page 2 | MEDICARE CONFIDENTIAL REPORTING INFORMATION - FORM B

The form’s information must remain confidential and may be used only to communicate with the U.S. Government or its designee, or to defend a claim of lien or fine under Medicare law.

The Information in this form Is to be held confidential and not used in discovery or in any proceeding in evidence or otherwise, except to communicate with the US. Government or its designee or to defend any claim of lien or fine pursuant to Medicare statutes. rules and regulations including MMSEA Section 111.

Civil cases

Page 5 | Section F

Electronic filers must exercise extreme caution when filing personal identifying numbers, medical records, employment history, individual financial information, proprietary or trade-secret information, and similar data.

In addition to the above, persons filing electronically shall exercise extreme caution when filing documents that contains the following: i. Personal identifying numbers, such as a driver’s license number. ii. Medical records, such as treatment and diagnosis. iii. Employment history information. iv. Individual financial information. v. Proprietary or trade secret information. vi. All similar data

Page 4 | RULE 7. PRIVACY ISSUES

E-filing users must remain sensitive to confidential and personal information that is not under seal, despite secure electronic transmission.

While the Electronic Access Policy allows for greater access of electronic documents by attorneys of record and litigants, e-filing users must be sensitive to confidential and personal information not filed under seal, even though electronically filed documents will be exchanged though a secure transmission.

Page 4 | RULE 7. PRIVACY ISSUES

An electronically filed document becomes part of the Official Court Record and is open to public inspection at the Clerk’s office unless the Court orders otherwise.

Once the document is filed electronically, it becomes part of the Official Court Record and would be open for public inspection at the Clerk’s office, unless otherwise ordered by the Court.

Page 4 | RULE 7. PRIVACY ISSUES

The Court encourages parties to file master pleadings containing complete arguments and factual statements in the specified asbestos case files.

In an effort to conserve paper and judicial resources, the Court encourages the parties to file master pleadings in either "All Asbestos Litigation" or "All Asbestos Cases Filed by [Plaintiff's Firm]" containing the complete arguments and factual statements in these motions, memoranda of law, and various disclosures.

Civil cases

Page 17 | ii. "All Asbestos Litigation" and "All Asbestos Cases Filed by [Plaintiff Firm]"

The Court strongly encourages master pleadings for motions to dismiss, appropriate fact and expert witness lists, deposition designations and objections, motions in limine, and other appropriate pleadings.

The use of master pleadings is strongly encouraged for motions to dismiss, fact and expert witness lists where appropriate, deposition designations, and objections to deposition designations, motions in limine and other appropriate pleadings.

Civil cases

Page 18 | ii. "All Asbestos Litigation" and "All Asbestos Cases Filed by [Plaintiff Firm]"

A party may file a separate pleading in a particular Trial Setting to supplement, supersede, or override a master pleading.

A party may file another or subsequent pleading in a particular Trial Setting which may supplement, supercede or override the master pleading if it chooses to do so.

Civil cases

Page 17 | ii. "All Asbestos Litigation" and "All Asbestos Cases Filed by [Plaintiff Firm]"

If the Records Depository cannot obtain information or material, defendants must seek the plaintiff's cooperation and assistance before moving to compel it.

If the Records Depository is unable to obtain certain information or material, defendants shall seek the cooperation and assistance of the plaintiff prior to moving to compel the same, as required by S.Ct. Rule 201(k).

Civil cases

Page 22 | C. Records Depository

Parties must attempt to resolve discovery disputes under Supreme Court Rule 201(k) before bringing them to the Court.

If any dispute arises concerning discovery, the parties shall attempt to resolve that dispute, as provided in Supreme Court Rule 201(k), before bringing such dispute before the Court.

Civil cases

Page 36 | C. Miscellaneous, 2. General

The initial intake conference in residential foreclosure cases must take place 30 to 45 days after service of summons.

In all residential foreclosure cases, the initial intake conference will take place at least thirty (30) days but not more than forty-five (45) days after the service of summons.

Civil cases

Page 2 | D. Mediation Procedure

Dispositive motions, including default-judgment motions, are not allowed until mandatory mediation is completed, but all motions are allowed if the homeowner fails to attend the initial intake conference.

No dispositive motions, including motion for default judgment, shall be allowed until mandatory mediation is completed. If a homeowner fails to appear for the initial intake conference for mandatory mediation, all motions shall be allowed, including but not limited to, a judgment by default.

Civil cases

Page 2 | D. Mediation Procedure

If the CRD cannot obtain information or material, defendants must seek the plaintiff’s cooperation and assistance before moving to compel it.

If the CRD is unable to obtain certain information or material, defendants shall seek the cooperation and assistance of the plaintiff prior to moving to compel the same, as required by S. Ct. Rule 201(k).

Civil cases

Page 22 | Central Records Depository (CRD)

The parties must attempt to resolve a discovery dispute before bringing it before the Court.

If any dispute arises concerning discovery, the parties shall attempt to resolve that dispute, as provided in Supreme Court Rule 201(k), before bringing such dispute before the Court.

Civil cases

Page 46 | C. Miscellaneous. 2. General

If the CRD cannot obtain information or material, defendants must seek the plaintiff’s cooperation and assistance before moving to compel it.

If the CRD is unable to obtain certain information or material, defendants shall seek the cooperation and assistance of the plaintiff prior to moving to compel the same, as required by S.Ct. Rule 201(k).

Civil cases

Page 26

The parties must attempt to resolve a discovery dispute under Supreme Court Rule 201(k) before bringing it before the Court.

If any dispute arises concerning discovery, the parties shall attempt to resolve that dispute, as provided in Supreme Court Rule 201(k), before bringing such dispute before the Court.

Civil cases

Page 54 | C. Miscellaneous, 2. General

If time constraints or an emergency prevent a formal motion, the Court will accept a brief email requesting a continuance and file a copy with the blue sheet.

- 3. At a minimum, if a lawyer is unable to file a formal motion because of time constraints/emergency, the Court will accept a brief email requesting a continuance and will file a copy of that email along with the "blue sheet".

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

A lawyer seeking a continuance may file a timely motion to continue with a proposed order with the Circuit Clerk.

- 1. File a timely Motion to Continue with proposed Order with the Circuit Clerk.

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

A lawyer may email a motion to continue and proposed order to the Court and the State's Attorney, after which the Court will file the motion and enter the order.

- 2. Email to the Court at pbalfeld@co.madison.il.us and to the State's Attorney at sbtwilliams@co.madison.il.us a Motion to Continue and proposed Order and the Court will cause the motion to be filed and the order entered.

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

If electronic service does not occur, the affected party is entitled to an extension of time unless extraordinary circumstances apply.

If electronic service on a party does not occur, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

Page 7 | RULE 11. ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE

Anyone prejudiced by an order giving a subsequent filing the effect of the first attempted filing is entitled to an extension of time to respond or perform an affected act.

Anyone prejudiced by the court’s order to accept a subsequent filing effective as of the date filing was first attempted as authorized above by this Rule 13, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.

Page 8 | RULE 13. SYSTEM OR USER ERRORS

A plaintiff who does not give a discovery deposition more than 60 days before trial may be barred from testifying or the case may be continued to a date more than 60 days after the deposition.

Any plaintiff who fails to give a discovery deposition more than sixty (60) days prior to trial may be barred from testifying at trial (including by evidence deposition) or the case may be continued to a date more than sixty (60) days from the discovery deposition.

Civil cases

Page 29

A party seeking to advance or postpone an arbitration hearing must file a written motion with the Circuit Clerk, serve the motion and hearing notice on the other parties and the Administrative Assistant for Arbitration, and include a concise reason; the motion is heard by the Supervising Judge, who may grant it for good cause.

Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing a written motion with the office of the Circuit Clerk requesting such change. Such motion and notice of hearing thereon shall be served upon all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon shall likewise be served upon the Administrative Assistant for Arbitration. The motion shall be set for hearing on the calendar of the Supervising Judge for Arbitration and contain a concise statement of the reason for the change of hearing date. The Supervising Judge may grant such advancement or postponement upon good cause shown.

Civil cases

Page 5 | RULE 3. SCHEDULING OF HEARINGS (S.CT.RULE 88)

A case removed from a trial date for failure to satisfy Paragraph (d) cannot be reset on another trial docket until those requirements are met.

If the Court removes a case from a trial date for failure to meet the requirements set forth in Paragraph (d), the case shall not be re-set on another trial docket until those requirements are met.

Civil cases

Page 30 | VII. Asbestos Deferred Registry

A party seeking to defer mediation must move for a hearing before the scheduled mediation date, detail the supporting facts and circumstances, and show good cause.

A party may move to defer mediation by filing a motion with the court to defer the proceedings. The moving party shall set the motion to defer for hearing prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation shall not be deferred except for good cause shown.

Civil cases

Page 1 | RULE 4: SCHEDULING OF MEDIATION

Further continuances will be denied and the case dismissed with prejudice unless justice requires otherwise.

Further continuances will not be granted, and the case will be dismissed with prejudice, unless justice requires otherwise.

Civil cases

Page 5 | RULE 7: MOTIONS TO DISMISS INVOLVING CERTIFICATES OF MERIT

Mediation must be completed within seven weeks of the first conference unless the court orders an extension or the parties stipulate to one.

Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by the order of the court or by stipulation on the parties.

Civil cases

Page 4 | I. Termination of Mediation

If the State objects to a continuance request, the Court will promptly set it for hearing.

Obviously, if the State objects to any continuance request the Court will promptly set the matter for hearing.

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

The parties may agree to extend or modify these deadlines, or the Court may do so for good cause; motions to extend deadlines close to trial or repeated extension motions are not favored.

These deadlines may be extended or modified in any case or group of cases by agreement of the parties or by order of the Court for good cause shown. Motions to extend a deadline close to the trial date of the case or repeated motions to extend will not be favored.

Civil cases

Page 26 | III. Pretrial Matters, A. Discovery, 1. Schedule

Discovery-deposition time limits may be expanded or modified by party agreement or by court order on a motion showing good cause.

The time limits for discovery depositions may be expanded or modified by agreement of the parties or by order of the Court upon Motion for good cause shown.

Civil cases

Page 28 | 2. Time Limitations

The parties may extend the fact-witness discovery cutoff by agreement, as to some or all fact witnesses.

The parties may, by agreement, extend the close of discovery as to some or all fact witnesses.

Civil cases

Page 30

If electronic service does not occur, the party is entitled to an order extending the response date or time to perform an act, absent extraordinary circumstances.

If electronic service on a party does not occur, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

Page 8 | RULE 11. ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE

A person prejudiced by an order giving a subsequent filing its original attempted filing date is entitled to an extension for a response or other act.

Anyone prejudiced by the court’s order to accept a subsequent filing effective as of the date filing was first attempted as authorized above by this Rule 13, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.

Page 9 | Rule 13

The schedule deadlines may be extended by party agreement or by court order for good cause.

The foregoing schedule deadlines may be modified by agreement of the parties or upon order of the court for good cause shown.

Civil cases

Page 27

If a plaintiff fails to give a discovery deposition more than 90 days before trial, the case may be continued to a date more than 90 days after the deposition.

Any plaintiff who fails to give a discovery deposition more than ninety (90) days prior to trial may be barred from testifying at trial (including by evidence deposition) or their case may be continued to a date more than ninety (90) days from the discovery deposition.

Civil cases

Page 27

The schedule deadlines may be modified by party agreement or by court order upon a showing of good cause.

The foregoing schedule deadlines may be modified by agreement of the parties or upon order of the court for good cause shown.

Civil cases

Page 29

Subscribers and other participants must immediately, and no later than ten business days before a change takes effect, notify the other parties, Clerk, and Vendor of changes to the listed firm or contact information.

All Subscribers and other participants must immediately, but not later than ten business days prior to when such a change takes effect, notify other parties, the Clerk and the e- filing Vendor of any change of firm name, delivery address, fax number or e-mail address.

Page 8 | RULE 11. ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE

The parenting coordinator may not communicate ex parte with the court.

No ex parte communication by the parenting coordinator with the court shall be permitted.

Civil cases

Page 4 | RULE 5. COMMUNICATIONS AND IMMUNITY

If a medical provider directed an expert to return pathology directly to the provider, Plaintiff’s counsel must inform the Court and all defendants’ counsel of the provider’s name and address and the instruction or request at least ten days before the expedited-trial motion hearing.

If Plaintiff’s expert has been instructed or directed by a medical provider to return pathology directly to the provider after the expert’s review/testing, Plaintiff’s Counsel shall inform the Court and all defendants’ counsel of the name and address of the provider and the instruction or request at least ten (10) days prior to the hearing on the motion for expedited trial.

Civil cases

Page 24

Plaintiff's counsel must confer with counsel for the other parties to estimate presentation time and, if more hearing time is anticipated, advise the Administrative Assistant for Arbitration at least 14 days before the hearing of the additional time needed.

It shall be the responsibility of counsel for the plaintiff to confer with counsel for all other parties to obtain an approximation of the length of time required for presentation of the case and advise the Administrative Assistant for Arbitration at least 14 days in advance of the hearing date in the event additional hearing time is anticipated and the length of such additional time.

Civil cases

Page 6 | RULE 3. SCHEDULING OF HEARINGS (S.CT.RULE 88)

Notice of a change of counsel must be given promptly to the Clerk and all counsel.

Notice of any changes of counsel shall promptly be given to the Clerk and to all counsel.

Civil cases

Page 69

For a continuance request, the Court may be contacted by email at pbalfeld@co.madison.il.us.

- 2. Email to the Court at pbalfeld@co.madison.il.us and to the State's Attorney at sbtwilliams@co.madison.il.us a Motion to Continue and proposed Order and the Court will cause the motion to be filed and the order entered.

Criminal cases

Page 1 | GENERAL STANDING ORDER APPLICABLE TO ALL COURTROOM 103 TRAFFIC/MISDEMEANOR/DUI/ORDINANCE DOCKETS

When a judge or staff member gives an attorney a date for noticing a hearing, the judge or staff member must immediately notify the Clerk of the assigned date and the matter to be heard.

If a judge or a member of the judge’s staff gives an attorney a date upon which a hearing may be noticed up by that attorney, the judge or staff member must immediately notify the Clerk of the Circuit Court that such date has been assigned and of the matter to be heard.

Civil cases

Page 2 | Rule 3.01 AMENDED CIRCUIT COURT RULES (D) Motion settings

If the movant believes a special setting is appropriate, the movant must request a date and time from the judge’s file Clerk or a staff member, who will relay the request to the judge.

If a special setting is believed appropriate by the movant, a request for a date and time for a special setting must be made to the judge’s file Clerk or a member of the judge’s staff who will then relay the request to the judge.

Civil cases

Page 2 | Rule 3.01 AMENDED CIRCUIT COURT RULES (D) Motion settings

Subscribers and other participants must notify the other parties, Clerk, and vendor of specified contact changes immediately and no later than ten business days before the change takes effect.

All Subscribers and other participants must immediately, but not later than ten business days prior to when such a change takes effect, notify other parties, the Clerk and the e- filing Vendor of any change of firm name, delivery address, fax number or e-mail address.

Page 7 | RULE 11. ELECTRONIC SERVICE, COURTESY COPIES AND FILING PROOF OF SERVICE

Plaintiff's counsel must immediately notify the Administrative Assistant for Arbitration in writing of any settlement or dismissal; failure to do so may result in sanctions.

Counsel for plaintiff shall give immediate notification in writing to the Administrative Assistant for Arbitration of any settlement of cases or dismissal. Failure to do so may result in the imposition of sanctions.

Civil cases

Page 6 | RULE 3. SCHEDULING OF HEARINGS (S.CT.RULE 88)

A person needing assistance for a deaf or hearing-impaired participant must notify the Administrative Assistant for Arbitration at least seven days before the hearing.

assistance for the deaf or hearing impaired shall notify the Administrative Assistant for Arbitration of said need not less than seven (7) days prior to the hearing.

Civil cases

Page 9 | RULE 5. CONDUCT OF THE HEARINGS

If counsel cannot resolve a dispute about improper questioning in a plaintiff’s discovery deposition, counsel may attempt to reach the court by teleconference after the deposition as to other witnesses is complete.

(c) Plaintiff’s counsel may suspend the deposition as to a particular defendant or particular defendants that are asking questions that are unreasonably repetitive, harassing, oppressive and /or otherwise improper without withdrawing the witness from the entire deposition, subject to subsequent review by the court. Following the completion of the deposition as to all other witnesses, if counsel are unable to resolve the issues and the dispute concerns a discovery deposition of a plaintiff, counsel may attempt to reach the court via teleconference to discuss the dispute.

Civil cases

Page 27 | 3. Discovery Deposition Guidelines.

After the other witnesses’ depositions are complete, counsel unable to resolve a dispute concerning a plaintiff’s discovery deposition may contact the court by teleconference to discuss it.

Following the completion of the deposition as to all other witnesses, if counsel are unable to resolve the issues and the dispute concerns a discovery deposition of a plaintiff, counsel may attempt to reach the court via teleconference to discuss the dispute.

Civil cases

Page 37