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

WARNINGCivil cases

Applies to

Medicare mandatory reporting information form

Use Section D for the name of the settling defendant.

| | NAME OF SETTLING DEFENDANT | Refer to Section D.

WARNINGCivil cases

Applies to

Evidence of insurance

Court-approved parenting coordinators must maintain professional liability insurance and provide evidence of coverage to the Chief Judge or designee annually.

Court approved parenting coordinators must secure and maintain professional liability insurance which covers the parenting coordinator process and provide evidence of insurance to the Chief Judge or his/her designee annually.

WARNINGCivil cases

Applies to

Medicare mandatory reporting information form

The Field 47 ICD-9 diagnosis code follows the explanation for Field 19.

47 | ICD-9 DIAGNOSIS CODE 15 | See explanation for Field 19.

WARNINGCivil cases

Applies to

Form b

Use Section F claimant information only if the alleged injured party is deceased.

Section F CLAIMANT INFORMATION (Use only if Alleged Injured Party in Section A is deceased.)

WARNING

Applies to

Order or docket sheet

If a case remains undecided 90 days after being taken under advisement, the judge must report it on an order or docket sheet explaining the delay.

Rule 2. Any case taken under advisement which has not been decided by the sitting judge within 90 days after being taken under advisement shall be reported by the judge on an order or docket sheet that explains the reason such decision has not been rendered.

WARNINGCivil cases

Applies to

Pleading

The one original pleading filed in a Trial Setting is operative for all cases listed in its caption.

The one original pleading filed in Trial Settings shall be operative to all cases listed in the caption.

WARNINGCivil cases

Applies to

Motion to dismiss

Filing a Motion to Dismiss under this paragraph is deemed to abandon the counterclaims, responsive pleadings, and affirmative defenses deemed filed under Section B.2.a.

Any defendant which files a Motion to Dismiss pursuant to this paragraph shall be deemed to abandon any counterclaims, responsive pleadings and affirmative defenses deemed filed as provided in Section B.2.a.

WARNINGCivil cases

Applies to

Medicare mandatory reporting information form

The Field 45 ICD-9 diagnosis code follows the explanation for Field 19.

45 | ICD-9 DIAGNOSIS CODE 14 | See explanation for Field 19.

WARNINGCivil cases

Applies to

Medicare mandatory reporting information form

Use Section D for the settlement amount.

101 | AMOUNT OF SETTLEMENT | Refer to Section D.

WARNINGCivil cases

Applies to

Form b

Claimant fields in Form B are required only when the alleged injured party is deceased.

The following Claimant Fields are only required if the Alleged Injured Party is deceased

WARNINGCivil cases

Applies to

Medicare mandatory reporting information form

Provide the mailing-address state for the representative named above.

92 | STATE | Provide mailing address state for the alleged injured party's representative named above.

WARNINGCivil cases

Applies to

Medicare mandatory reporting information form

Provide the representative’s telephone extension if one is available.

96 | PHONE EXTENSION, IF ANY | Provide telephone extension of alleged injured party's representative, if extension is available.

INFOCivil cases

Applies to

Stipulation

The Clerk must file-stamp and append a timely filed stipulation to the Standing Case Management Order.

Any such stipulation filed within seven (7) days of the date of this Order shall be file-stamped and appended by the Clerk to the Standing Case Management Order.

INFOCivil cases

Applies to

Fact witness list

The fact witness lists should set forth possible fact witnesses known to that party by name.

The fact witness lists should set forth possible fact witnesses known to that party by name.

INFOCivil cases

Applies to

Request for trial dates

The annual request for trial dates need not identify the cases to be set.

The request need not specify cases to be set.

INFOCivil cases

Applies to

Responsive pleading

Counterdefendants are deemed to deny the counterclaim allegations and need not file responsive pleadings with the Circuit Clerk.

Counterdefendants are deemed to have denied all material allegations contained in counterclaims against them. It is not necessary that Counterdefendants file responsive pleadings to counterclaims with the Circuit Clerk.

INFOCivil cases

Applies to

Parenting coordinator recommendation

The coparents may submit the parenting coordinator's recommendation to the court for entry as an agreed order.

The coparents may submit the recommendation to the court for entry as an agreed order.

INFO

Applies to

Electronically filed document

A document filed using a user identification and password without a facsimile or typed signature is deemed personally signed by the credential holder.

In the absence of a facsimile or typographical signature, any document electronically filed with a user identification and password is deemed to have been personally signed by the holder of the user identification and password.

INFOCivil cases

Applies to

Form A-1

The form directs respondents enrolled in Medicare to complete the following Section I fields and other respondents to proceed to Section II.

If yes, please complete the following. If no, proceed to Section II.

INFOCivil cases

Applies to

Affirmative defenses

Available affirmative defenses to counterclaims are deemed filed.

Affirmative defenses available to Counterclaims are deemed filed.

INFOCivil cases

The Court encourages, but does not require, parties to use agreements such as Forms C-l and C-2 to protect Medicare liens and considers them an acceptable settlement approach.

(f) Although this Court is not requiring use of the agreements which are the subject of this paragraph (f), this Court encourages the parties to use agreements such as Forms C-l and C-2 to protect Medicare liens and regard such agreements as an acceptable way for the parties to settle cases and provide for the protection of Medicare liens.

INFOCivil cases

Applies to

Release or settlement agreement

As a best practice, a release or settlement agreement should state that settlement funds may need to be held by plaintiff's counsel.

This Court also regards it as best practice that the release or settlement agreement should state in some manner that settlement funds may need to be held by plaintiff's counsel.

INFOCivil cases

Applies to

Attorney generated forms

The circuit clerk may determine whether attorney-generated forms are substantially similar to court-approved forms.

The circuit clerk may make the determination as to whether attorney-generated forms are substantially similar to the court-approved forms.

INFOCivil cases

Applies to

Response pleading

A defendant may file a response to the deemed contribution counterclaims with the Circuit Clerk together with affirmative defenses.

(c) A defendant may elect to file a pleading in response to the deemed counterclaims for contribution with the Circuit Clerk together with affirmative defenses.

INFOCivil cases

Applies to

Deposition tender

Plaintiff should endeavor to tender exposure or site witnesses willing to appear upon request without a subpoena.

Plaintiff should endeavor to tender any exposure and/or site witnesses who are willing to appear upon request without being subpoenaed.

INFOCivil cases

Applies to

Master pleading supplement

If an individual case or Trial Setting requires additional information, a party may file a supplement to the master pleading to provide it.

In the event a particular individual case or Trial Setting requires a party to disclose information in addition to that contained in the master pleading, a party may provide the supplemental information by filing a supplement to the master pleading.

INFOCivil cases

Applies to

Expert witness list

After an expert has been deposed on general issues, listing the expert on an expert witness list is sufficient disclosure.

Once an expert has been deposed with regard to general issues, it shall be sufficient disclosure to list that expert on an expert witness list.

INFO

Applies to

Electronic document

When a Clerk must endorse an electronic document, the Clerk’s typed name is deemed to be the Clerk’s signature.

Where a Clerk is required to endorse a document, the typed name of the clerk shall be deemed to be the clerk’s signature on an electronic document.

INFOCivil cases

Applies to

Master pleading

Defendants' master pleadings may be filed under "All Asbestos Litigation" or "All Asbestos Litigation Filed by [Plaintiff's Firm]."

Defendants' master pleadings may be filed under "All Asbestos Litigation" or "All Asbestos Litigation Filed by [Plaintiff's Firm]."

INFOCivil cases

Applies to

Responsive pleading

Counterdefendants are deemed to deny the material allegations of counterclaims and need not file responsive pleadings with the Circuit Clerk.

Counterdefendants are deemed to have denied all material allegations contained in counterclaims against them. It is not necessary that Counterdefendants file responsive pleadings to counterclaims with the Circuit Clerk.

INFOCivil cases

Applies to

Form b

If the injured party is not deceased and Pages 1 and 2 are complete, the filer may stop.

ATTENTION If Alleged Injured Party Is NOT DECEASED and you have completed Page 1 & 2, you may stop here.

INFOCivil cases

Plaintiffs need not provide written interrogatory or admission answers, or complete additional Medicare-reporting forms unless the parties agree; unrelated discovery and lien-protection agreements remain permitted.

(d) Plaintiff(s) need not provide any written answers to any interrogatories or requests for admission or, unless otherwise agreed by the parties, complete additional forms to provide information to comply with or assist in compliance with reporting requirements under MMSEA Section 111. This paragraph (d) of this Order does not preclude any discovery that is relevant, material or discoverable for any reason unrelated to the reporting requirements of MMSEA Section 111 and does not preclude any contracts or agreements including but not limited to those intended to protect or provide for the satisfaction, discharge or release of any Medicare lien.

INFOCivil cases

Applies to

Response to counterclaim

A defendant may file a response to the deemed contribution counterclaims with the Circuit Clerk, together with affirmative defenses.

(c) A defendant may elect to file a pleading in response to the deemed counterclaims for contribution with the Circuit Clerk together with affirmative defenses.

INFOCivil cases

Applies to

Form b

If the alleged injured party is not deceased and Pages 1 and 2 are complete, you may stop completing the form.

If Alleged Injured Party is NOT DECEASED and you have completed Page 1 & 2, you may stop here.

INFOCivil cases

Applies to

Expert witness list

After an expert has been deposed on general issues, listing the expert on an expert witness list is sufficient disclosure.

Once an expert has been deposed with regard to general issues, it shall be sufficient disclosure to list that expert on an expert witness list.

INFOCivil cases

Applies to

Contribution counterclaim

A defendant may instead file a separate contribution counterclaim with the Circuit Clerk identifying the defendants against whom the action is brought.

(b) A defendant may elect to forego the provisions of Section B.2.a. and proceed to file a counterclaim for contribution with the Circuit Clerk separately identifying the various defendants against whom the contribution action is brought.

INFOCivil cases

Applies to

Additional report

If the specified pulmonary function test requirements are not met, a claimant may submit an additional report from a qualified physician stating the required relationship, x-ray, and impairment findings.

Where the Pulmonary Function Test results do not meet the requirements set forth in Paragraph E.3.(b)(iv)1 or E.3.(b)(iv)2, a claimant may submit an additional report, by a board certified pulmonologist, internist or occupational physician that states: i) That the doctor has a doctor/patient relationship with the claimant; and ii) That the claimant has a quality 1 chest x-ray taken in accordance with all applicable state and federal regulatory standards (in a death case where no pathology is available, the necessary radiological findings may be made with a quality 2 film if a quality 1 film is not available), and that the x-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 2/1 or higher; and iii) That the claimant has restrictive impairment from asbestosis and set forth in detail the specific pulmonary function test findings that the doctor relies upon to establish that the claimant has restrictive impairment; and

INFOCivil cases

Applies to

Notice

A notice about the expiration of the specified limitations period for a dissolved corporation may use the caption “ALL CLAIMS ON THE ASBESTOS DEFERRED REGISTRY.”

Notices regarding the expiration of the five-year statute of limitations for dissolved corporation pursuant to the Business Corporation Act of 1983, 805 ILCS 5/12.80, as amended, or the dissolution statutes of other jurisdictions, may be filed using the "ALL CLAIMS ON THE ASBESTOS DEFERRED REGISTRY" caption.

INFOCivil cases

Applies to

Medicare lien protection agreement

The Court does not require the agreements but encourages parties to use agreements such as Forms C-1 and C-2 to protect Medicare liens in settling cases.

Although this Court is not requiring use of the agreements which are the subject of this paragraph (f), this Court encourages the parties to use agreements such as Forms C-1 and C-2 to protect Medicare liens and regard such agreements as an acceptable way for the parties to settle cases and provide for the protection of Medicare liens.

INFOCivil cases

Applies to

Form A-1

The form directs respondents who completed Sections I and II to stop and those refusing to provide the requested information to proceed to Section III.

If you have completed Sections I and II above, stop here. If you are refusing to provide the information requested in Sections I and II, proceed to Section III.

INFOCivil cases

An expert previously deposed on general issues in another jurisdiction may testify within the fair scope of that deposition against a party that had fair notice and an opportunity to participate.

If an expert witness has been deposed as to general issues in an asbestos case in another jurisdiction, that witness may testify within the fair scope of such deposition in any Madison County asbestos case against any party which had fair notice of, and an opportunity to participate in, such prior deposition.

INFOCivil cases

Applies to

Fact witness list

The fact witness lists should set forth possible fact witnesses known to that party by name.

The fact witness lists should set forth possible fact witnesses known to that party by name.

INFOCivil cases

Applies to

Form b

If the page is complete and the alleged injured party is not deceased, stop completing the form here.

If you have completed this page in its entirety and Alleged Injured Party in Section A is not deceased, stop here.