3rd Judicial Circuit Court, Madison County, Illinois Document Filing Requirements

CRITICALCivil cases

Applies to

Mediation agreement

Any mediation agreement must be written and signed by both parties and their counsel.

If an agreement is reached through the Mediation, it shall be reduced to writing and signed by both parties and their counsel.

CRITICALCivil cases

Applies to

Complaint for contribution

The complaint for contribution must identify separately the defendants against whom the action is brought.

Defendants that have had judgments entered against them and all further appellate remedies are barred or exhausted as of the date of entering this order and who 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.

CRITICALCivil cases

Applies to

Form b

An attorney’s signature on the form certifies that the attorney reviewed its information and that the information is factually grounded after reasonable inquiry.

(The signature of the attorney hereto constitutes a certificate by him/her that he/she has read the information supplied in this form and that all information stated therein is well grounded in fact to the best of his/her knowledge, information and belief formed after reasonable inquiry.)

CRITICALCivil cases

Applies to

Pleading

For multiple cases grouped into one Trial Setting, parties must file one original pleading regardless of the number of covered cases; multiple copies will be rejected.

Parties filing pleadings in multiple cases which have been grouped into a single Trial Setting shall file only one original pleading with the Circuit Clerk's office regardless of the number of cases to which the pleading applies. Multiple copies will be rejected.

CRITICALCivil cases

If a previously deposed expert will testify about a defendant’s net worth or financial condition, any review of updated information must be disclosed as a change.

If an expert, who has previously been deposed, will testify concerning the net worth or financial condition of a defendant, any review of updated information constitutes a change that must be disclosed.

CRITICALCivil cases

Applies to

Mediator agreement

DRI will review all mediator agreements and include them in the case file.

All mediator agreements will be reviewed by DRI and included into the case file.

CRITICALCivil cases

Applies to

Pleadings

The pleadings must include a complaint and a responsive pleading.

There shall be a complaint and a responsive pleading.

CRITICALCivil cases

Applies to

Fact witness list

A party may describe witness categories when names are unknown, but must supplement the list if names become known.

Any party may list categories of witnesses by description to the extent that the names of those witnesses are unknown, but must supplement its list if names become known.

CRITICALCivil cases

Applies to

Complaint for contribution

A contribution complaint must separately identify the defendants against whom the action is brought.

To maintain a contribution action against a defendant/counterdefendant that has been granted summary judgment or has been dismissed with prejudice, 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 the defendants against which the action is brought.

CRITICALCivil cases

Applies to

Expert disclosure

A previously deposed expert’s review of updated information about a defendant’s net worth or financial condition must be disclosed as a change.

If an expert, who has previously been deposed, will testify concerning the net worth or financial condition of a defendant, any review of updated information constitutes a change that must be disclosed.

CRITICALCivil cases

Applies to

Diagnosing report or expert opinion

For an alleged asbestos-related non-mesothelioma malignancy, the report or opinion must substantively state the diagnosis and asbestos causation, the accepted medical basis, the qualifying medical-organization basis, and the diagnosis date.

If the diagnosis is of an alleged asbestos related non-mesothelioma malignancy, either the diagnosing report or expert opinion provided must indicate in substance the following: - 1. The plaintiff/decedent's diagnosis and that exposure to asbestos was a substantial cause of plaintiff's/decedent's disease; and - 2. That the diagnosis and causation opinion are based on medically accepted principles and practices; and - 3. The diagnosis and causation opinion are made by or based on statements made by reputable medical organization(s) that require at least, occupational, para-occupational or environmental exposure histories to find asbestos exposure as a cause of disease; and - 4. Date of diagnosis of the disease.

CRITICALCivil cases

Applies to

Master pleading

Plaintiffs must give master pleadings a distinct title and file them under the specified plaintiff-firm category.

Plaintiffs shall identify their master pleadings by a distinct title and file it under "All Asbestos Cases Filed by [Plaintiff's Firm]."

CRITICALCivil cases

Applies to

Forum non conveniens motion or pleading

A party raising forum non conveniens need only give a short, plain indication and need not identify alternative jurisdictions, but may not rely on a general incorporation of other parties' defenses.

"Raising the issue" requires only a short, plain indication that a party is asserting the doctrine and need not specify alternative jurisdictions; however, a general incorporation of defenses asserted by other parties is not sufficient.

CRITICALCivil cases

Applies to

Motion hearing

The moving party is responsible for setting and noticing a hearing on any motion.

It shall be the responsibility of the moving party to set and notice a hearing on any motion.

CRITICALCivil cases

Applies to

Summons

The summons must direct the specified parties or representatives to appear at the stated time and place and display “THIS IS AN ARBITRATION CASE” in uppercase in the upper right-hand corner.

The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated. The summons shall state in upper case letters on the upper right-hand corner "THIS IS AN ARBITRATION CASE."

CRITICAL

Applies to

Sealed documents

A signed order permitting pleadings to be filed under seal must accompany the sealed documents.

A signed order allowing the filing of pleadings under seal must be provided with the sealed documents.

CRITICALCivil cases

Applies to

Contribution complaint

The contribution complaint filed under this deadline must separately identify the defendants against whom the action is brought.

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.

CRITICALCivil cases

Applies to

Complaint for contribution

The contribution complaint must identify separately the defendants against whom the action is brought.

without prejudice, a defendant/counterplaintiff must file within 30 days after entry of this order a complaint for contribution identifying separately the defendants against whom the action is brought.

CRITICALCivil cases

Applies to

Claim for contribution

A defendant/counterplaintiff may not further prosecute a deemed counterclaim until it files a contribution claim with the Circuit Clerk identifying the counter/defendants involved.

No defendant/counterplaintiff may further prosecute a deemed counterclaim until it has filed a claim for contribution with the Circuit Clerk identifying separately the counter/defendants against whom it is brought.

CRITICALCivil cases

Applies to

Medical report and diagnosis

To satisfy the non-malignant asbestos-related disease criteria for exiting the Registry, submit a detailed narrative Medical Report and Diagnosis signed by the diagnosing doctor that verifies the listed requirements.

Satisfaction of the ABA Standard For Non-Malignant Asbestos- Related Disease Claims (2003) as evidenced by a detailed narrative Medical Report and Diagnosis signed by the diagnosing doctor, which verifies all of the following:

CRITICALCivil cases

Applies to

Mediation report

The mediator must submit a report to the court and parties’ counsel by the court-set status date, containing the information required by the rules.

On or before the status date set by the court for parties who are participating in mediation, the mediator shall submit a report to the court and the parties' legal counsel, which shall include the information required by these Rules.

CRITICALCivil cases

Applies to

Settlement conference submission

At the settlement conference, the plaintiff must provide the court with the aggregate outstanding demands and aggregate setoffs.

At the time of the settlement conference Plaintiff shall provide the court with the aggregate amount of total outstanding demands and the aggregate amount of total setoffs (amounts of settlement monies agreed to between plaintiff and settling defendants).

CRITICALCivil cases

Applies to

Motion to consolidate

A party opposing severance of contribution actions for trial must file a Motion to Consolidate with the Circuit Clerk.

Any party opposing severance of the contribution actions for trial shall file with the Circuit Clerk a Motion to Consolidate requesting such relief.

CRITICALCivil cases

Applies to

Motion or pleading

Raising forum non conveniens requires only a short, plain indication and need not identify alternative jurisdictions, but a general incorporation of another party’s defenses is insufficient.

―Raising the issue‖ requires only a short, plain indication that a party is asserting the doctrine and need not specify alternative jurisdictions; however, a general incorporation of defenses asserted by other parties is not sufficient.

CRITICALCivil cases

Applies to

Complaint for contribution

The contribution complaint must identify separately the defendants against whom the action is brought.

For a current defendant/counterplaintiff to maintain a contribution action against a defendant/counterdefendant that has been granted summary judgment, or has otherwise been dismissed with prejudice, a defendant/counterplaintiff must file within 30 days after entry of this order a complaint for contribution identifying separately the defendants against whom the action is brought.

CRITICALCivil cases

Applies to

Interrogatory answers

Interrogatory answers must be separate, full, written, and under oath; they may be written in the space provided on the interrogatories.

The plaintiff, Plaintiff's Name, is hereby notified to answer the following interrogatories separately and fully in writing, under oath and within twenty-eight (28) days after service of these interrogatories, all in accordance with Supreme Court Rule 213(c); these interrogatories may be answered on these interrogatories in the space provided:

CRITICALCivil cases

Applies to

Discovery deposition product exclusion list

For a discovery deposition outside a 40-mile radius of the Madison County Courthouse, plaintiff must provide a list of specified manufacturers, premises owners or operators, and product types about which the witness will have no testimony at least three business days before the deposition.

If the discovery deposition of plaintiff or of a site or exposure witness occurs outside a 40 mile radius of the Madison County, Illinois Courthouse, plaintiff must provide, no later than three (3) business days before said discovery deposition, a list of manufacturers or brand names of products, owners and/or operators of premises and types of products about which the plaintiff or site/exposure witness will have no testimony.

CRITICALCivil cases

Applies to

List

The list must identify manufacturers or product brands, premises owners or operators, and product types about which the witness will have no testimony.

Upon reasonable inquiry and in good faith, Plaintiff's counsel, prior to the discovery deposition of Plaintiff must serve on all parties, no later than five (5) business days and prior to the deposition of a site or exposure witness, three (3) business days, a list of manufacturers or brand names of products, owners and/or operators of premises and types of products about which the plaintiff or site/exposure witness will have no testimony.

CRITICALCivil cases

Applies to

Complaint for contribution

The contribution complaint must identify separately the defendants against which the action is brought.

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.

CRITICAL

Applies to

Financial affidavit

A sworn Financial Affidavit (in the form approved by the Supreme Court) must be filed by each party on or before the date of hearing on a pleading seeking to establish, modify, or otherwise affect issues of support, maintenance, disposition of property, or post-minority educational expenses or support, whether temporary or permanent in nature, and shall be filed on or before the date of the case management conference unless earlier filed in the case. If such affidavit has been filed for the purpose of a hearing on temporary relief, no additional affidavit need be filed unless there has been a change in financial circumstances.

A sworn Financial Affidavit (in the form approved by the Supreme Court) must be filed by each party on or before the date of hearing on a pleading seeking to establish, modify, or otherwise affect issues of support, maintenance, disposition of property, or post-minority educational expenses or support, whether temporary or permanent in nature, and shall be filed on or before the date of the case management conference unless earlier filed in the case. If such affidavit has been filed for the purpose of a hearing on temporary relief, no additional affidavit need be filed unless there has been a change in financial circumstances.

CRITICALCivil cases

Applies to

Plaintiff written discovery responses

Each plaintiff must verify their written discovery responses.

Each plaintiff shall verify his/her responses to written discovery.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

The attorney’s signature certifies that the attorney read the form and, after reasonable inquiry, believes its information is factually well grounded.

Signature(s) of Attorney (The signature of the attorney hereto constitutes a certificate by hirnlher that he/she has read the information supplied in this Form and that all information stated therein is well grounded in fact to the the best of hislher knowledge, information and belief formed after reasonable inquiry.)

CRITICALCivil cases

Applies to

Medicare confidential reporting information form

The Alleged Cause field must state the alleged cause and the related ICD-9-CM code or codes.

15. Alleged Cause of Injury, Illness or Incident: Please state the alleged cause of injury, incident or illness and the ICD-9-CM (International Classification of Diseases, Ninth Revision, Clinical Modification code(s)) with respect to the same.****

CRITICALCivil cases

Applies to

Mediation report

The report must identify whether the agreement is full or partial, be signed by the mediator, and be filed with the Circuit Clerk.

The report shall designate either full or partial agreement. This report shall be signed by the mediator and shall be filed with the Circuit Clerk within ten (10) days of the last day of the mediation conference.

CRITICALCivil cases

Applies to

Mediation report

The mediator must file a report with the trial judge stating whether the parties acted in good faith by attending, participating, and having necessary individuals present.

G) The mediator, whether or not a judge, is required to file a report to the trial judge indicating whether or not the parties acted in good faith during mediation by attending the mediation, participating in the mediation, and having all individuals necessary to facilitate settlement present.

CRITICALCivil cases

Applies to

Expert deposition tender

The sponsoring party must tender the expert to the opposing party in writing at least seven days before the proposed deposition date.

The sponsoring party shall tender such expert to the opposing party for deposition. The tender shall be in writing and at least seven (7) days in advance of the proposed deposition date.

CRITICAL

Applies to

Document requiring non electronic filer signature

Original signatures of all non-electronic filers must be obtained before the document is filed.

Original signatures of all non-electronic filers must be obtained before filing the document.

CRITICAL

Applies to

Electronically filed document containing original signature

Unless the Court orders otherwise, the filing party must maintain and preserve electronically filed documents containing original signatures.

Unless otherwise ordered by the Court, the filing party shall maintain and preserve all documents containing original signatures that are filed electronically.

CRITICALCivil cases

Applies to

Trial setting

To obtain an order setting a case for trial, the plaintiff must provide the specified discovery answers and two sets of authorizations by the hearing or a later court-ordered expedited time.

As conditions precedent to obtaining an Order setting a case for trial, Plaintiff must meet the following requirements on the date of the hearing or in such expedited time period thereafter as the Court may order: (a) Provide answers to standardized written interrogatories and request to produce; (b) Provide two sets of the following authorizations: (1) HIPAA-compliant authorizations for all medical records, radiology, pathology, and other such material; (2) authorizations for union, employment, workers' compensation, social security and military records; and (3) authorizations for state and federal income tax returns to the DMD if a wage loss claim is being made.

CRITICAL

Applies to

Document

Attorneys must include their Illinois ARDC number or Madison County Pro Hac Vice code on all documents.

Attorneys shall include their Illinois ARDC number or Madison County Pro Hac Vice code on all documents.

CRITICALCivil cases

Applies to

Non malignant claim

Must include

caption

Captions of all non-malignant claims must include “ASBESTOS DEFERRED REGISTRY” immediately under the cause number.

The caption of all non-malignant claims shall include the words "ASBESTOS DEFERRED REGISTRY" immediately under the cause number (See the captions of Exhibits A & B attached to this Order).

CRITICALCivil cases

Applies to

Motion to set for trial

Plaintiff's counsel must select a DMD and place there the documents and materials required before bringing a motion to have the case set for trial.

Plaintiff's counsel will select the DMD to be utilized in each case by placing at the DMD of their choice the documents and materials required as pre-conditions to bringing a motion to have that case set for trial

CRITICALCivil cases

Applies to

Pleading

Claims relating to exposure at or connected with specific premises must state each premises’ name and location, and the exposure time period, if known.

If Plaintiff sets forth claims relating to exposure at, from or connected to specific premises, such claims shall include the following facts: (a) Name and location (including city and state), if known, of each of such premises; and (b) Time period(s), if known, during which exposure relating to each premises occurred.

CRITICALCivil cases

Applies to

Residential foreclosure case forms

In residential foreclosure cases, the plaintiff must use substantially compliant versions of the three listed forms, in addition to forms required by the Illinois Supreme Court Rules.

In residential foreclosure cases, in addition to the forms required by the Illinois Supreme Court Rules, plaintiff shall use forms in substantial compliance with the following attachments: Summons (Exhibit A), Notice of Mandatory Mediation (Exhibit B), and Foreclosure Program Initial Questionnaire (Exhibit C).

CRITICALCivil cases

Applies to

Deposition tender

An exposure or site witness disclosed after the deadline and permitted to testify by court order or agreement must be tendered for deposition.

Any exposure and/or site witness disclosed after the scheduled deadline and permitted to testify pursuant to Court Order or by Agreement shall be tendered for deposition.

CRITICALCivil cases

Applies to

Mediator report

After good-faith negotiations fail to produce an agreement, the mediator must report the impasse to the court.

If the parties are unable to reach an agreement after going through good faith negotiations, the mediator shall report to the court that the Mediation concluded in impasse.

CRITICALCivil cases

Applies to

Notice

The notice for a proceeding covering cases filed by a particular plaintiffs’ firm must specify “All Asbestos Cases Filed by [Plaintiffs Firm].”

Such proceeding shall comply with the notice requirements set forth above, except that the notice shall specify ―All Asbestos Cases Filed by [Plaintiffs Firm].‖

CRITICALCivil cases

Applies to

Notice of representation

An attorney representing a homeowner must provide the lender a notice stating whether the lender may contact the borrower directly.

If the homeowner is represented by an attorney, the attorney must file a notice of representation with the lender to advise if the lender may contact the borrower directly.

CRITICAL

Applies to

Financial affidavit supporting documents

Each party must produce directed evidence supporting the Financial Affidavit by the hearing date and have it available at the hearing; supporting documents should include the listed tax, earnings, and account records, with alternative payroll records if the most recent statement is unavailable.

Each party shall produce evidence documenting the information in the Financial Affidavit as directed on or before the hearing date and have the evidence available at the hearing. The supporting documents should include but are not limited to: the prior year’s income tax returns, including all W-2 forms and 1099 forms; the most recent pay stub or other statement showing year to date earnings or commissions and deductions therefrom, or if same is not available, then the five (5) most recent payroll stubs or commission statements; and banking or investment statements.

CRITICALCivil cases

Applies to

Pleading

Parties filing pleadings in these cases must file one original with the Circuit Clerk’s office for filing and docketing in the plaintiff’s individual file.

Parties filing pleadings in these cases shall file one original pleading with the Circuit Clerk’s office which will file and docket the pleading in the individual file for that plaintiff.