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

CRITICALCivil cases

Applies to

Exposure and site witness disclosure

Plaintiffs must identify exposure and site witnesses who will appear only if subpoenaed and provide each witness’s complete address and, if known, telephone number.

Plaintiffs shall identify which exposure and/or site witnesses will appear for a deposition only if subpoenaed by defendants, and provide such witnesses’ complete address and, if known, telephone number.

CRITICALCivil cases

Applies to

Filing under seal

A proposed filing under seal must have a copy of the authorizing court order attached.

A copy of the order authorizing the filing under seal must be attached to the proposed filing.

CRITICALCivil cases

Applies to

Contribution complaint

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

The Complaint for contribution shall identify separately the defendants against which the action is brought.

CRITICALCivil cases

Applies to

Deposition list

Each defendant and plaintiff who has not already done so must file a deposition list with the specified case and deposition details within 60 days of the date of the order.

each defendant and plaintiff, who has not already done so, shall file, within sixty (60) days from the date hereof, a list of all depositions taken of employees with knowledge, and expert witnesses, and list the caption and docket number of the case, the jurisdiction where the case was pending, and the dates of each deposition.

CRITICALCivil cases

Applies to

Evaluation form

All parties must complete an evaluation form about the mediation process.

- 16. All parties are also required to complete an evaluation form about the mediation process.

CRITICALCivil cases

Applies to

Supplemental discovery request filing

Must include

certificate of service

Parties serving supplemental discovery requests must file a certificate of service with the Clerk instead of filing the discovery requests.

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.

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

For supplemental discovery requests, parties must file a certificate of service with the Clerk instead of filing the discovery request.

Discovery shall not be filed with the Clerk’s office except as provided in this paragraph. 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.

CRITICALCivil cases

Applies to

Motion to defer mediation

A motion to defer mediation must set forth in detail the supporting facts and circumstances.

The motion shall set forth in detail, the facts and circumstances supporting the motion.

CRITICALCivil cases

Applies to

Complaint

The complaint must describe the claimed disease and asbestos exposures with sufficient specificity and include the disease, diagnosis date, and plaintiff’s residence.

Plaintiff's Complaint must, at minimum, set forth facts relating to disease claimed and asbestos exposures with sufficient specificity to apprise each respective defendant of the nature of Plaintiff's claims against it. The Complaint shall include: - (a) Disease claimed; - (b) Date of Diagnosis; - (c) Where Plaintiff resides.

CRITICALCivil cases

Applies to

Mediation documents

DRI must review the file and submit all relevant documents to the mediator before the scheduled mediation date.

DRI will review the file and submit all relevant documents to the mediator before the scheduled date of Mediation.

CRITICALCivil cases

Applies to

Settlement

A settlement is not final and enforceable until Form B is completed.

No sett1ement is final and enforceable until this Form B is completed.

CRITICALCivil cases

Applies to

Designation of defendants counsel

Each defendant currently party to a Madison County asbestos lawsuit must file with the Clerk a designation identifying by name, address, and title the person to receive documents and filings under the Order.

Each Defendant who is presently a party in any currently filed asbestos lawsuit in Madison County shall, using the "ALL CLAIMS ON THE ASBESTOS DEFERRED REGISTRY" caption, have on file with the Clerk of the Court a designation by name, address and title, of the person who is to be served with documents and filings made in accordance with this Order.

CRITICALCivil cases

Applies to

Document transmitted to system

Must include

certificate of service

A document transmitted to the system must include a Certificate of Service certifying electronic service of a true and correct copy to counsel of record.

Any document transmitted to the system shall certify in the Certificate of Service that a true and correct copy was electronically served to counsel of record.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

The claimant must provide a valid alleged-cause code and at least one valid ICD-9 diagnosis code.

Claimant must provide both a valid Alleged Cause of Injury, Incident, or Illness Code (Field 15) and at least one valid INCIDENT IC0-9 Diagnosis Code.

CRITICALCivil cases

Applies to

Motion to modify standing order

Motions to modify the Standing Order must be filed with the Chief Asbestos Judge.

Any motions to modify this Standing Order shall be filed with the Chief Asbestos Judge.

CRITICALCivil cases

Applies to

Contribution complaint

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 which 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.

CRITICAL

Applies to

Order

An order issued by the Presiding Judge must bear a typographic or electronic signature and an official e-filing court stamp.

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

CRITICALCivil cases

Applies to

Pre trial report

The pre-trial report must attest that discovery is complete, will be complete 30 days before trial, or will be complete by agreement of the parties.

d) Attestation that discovery is complete or will be complete 30 days before trial or otherwise by agreement of the parties;

CRITICAL

Applies to

Electronically filed document

Upon reasonable notice, a filing party must provide a hard copy within five business days if the Clerk requests one.

At anytime, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document, which shall be provided within five (5) business days upon reasonable notice.

CRITICALCivil cases

Applies to

Pleading

A pleading filed in a Trial Setting must not relate to or include cases outside that Trial Setting.

Pleadings filed in Trial Settings shall not relate to nor include cases which are not part of that Trial Setting.

CRITICALCivil cases

Applies to

Expert report

A party sponsoring an expert expected to give case-specific testimony must provide a report setting forth the expert’s opinions and conclusions.

Any party sponsoring an expert witness who is expected to give case-specific testimony must provide a report setting forth the expert’s opinions and conclusions in the cases in which

CRITICALCivil cases

Applies to

Claim for contribution

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

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

Request for trial dates

Each Plaintiff’s firm must submit a request for the following year’s trial dates by March 10; the request need not identify specific cases.

On or before March 10 of each year, each Plaintiff’s firm shall submit a request for trial dates for the following year and serve the same on all defense counsel of record. The request need not specify cases to be set.

CRITICALCivil cases

Applies to

Settlement conference summary

A brief written case summary must be presented to the mediator, listing each party’s issues and covering the occurrence, liability, damages and injuries, and settlement offers or demands.

present to the mediator a brief, written summary of the case containing a list of issues as to each party. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement.

CRITICALCivil cases

Applies to

Testing reports and readouts

The physician must submit the reports and readouts for all testing relied on in the report, and those tests must comply with the stated equipment, quality, and reporting standards.

That the physician shall submit the reports and readouts from all pulmonary function, lung volume, diffusing capacity or other testing relied upon for the report's conclusions. Such tests must comply with the equipment, quality and reporting standards set forth herein.

CRITICALCivil cases

Applies to

Master fact witness disclosure

A party serving a supplemental or amended master fact witness disclosure must clearly identify newly added witnesses and new information about previously listed witnesses.

Any party who serves a Supplemental or Amended Master Fact Witness Disclosure shall indicate in bold type, highlighting, underlining or otherwise specifying any newly added Fact Witnesses or information about which previously listed witnesses will testify.

CRITICALCivil cases

Applies to

Complaint for contribution

The complaint for contribution 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 voluntarily dismissed, or otherwise dismissed 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

Parenting coordinator recommendation

The parenting coordinator must provide written recommendations to the coparents within 14 days after receiving all information needed to make the recommendation.

The parenting coordinator shall provide his or her recommendations in writing to the coparents within 14 days of the receipt of all information necessary to make a recommendation.

CRITICALCivil cases

Applies to

Deposition tender

Plaintiff’s counsel must tender all plaintiffs for deposition without waiting for defendants to request it.

Plaintiff’s counsel shall tender all Plaintiffs for deposition without Defendants requesting the same.

CRITICALCivil cases

Applies to

Pre trial report

The pre-trial report must attest that applicable pre-trial deadlines have been satisfied and the case is otherwise prepared for trial.

b) Attestation that all applicable provisions of the Court's Standing Order concerning pre-trial deadlines have been satisfied and the case is prepared for trial in all other respects;

CRITICALCivil cases

Applies to

Amended contribution claim

A settling defendant that 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.

A settling defendant that 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.

CRITICALCivil cases

Applies to

Medicare confidential reporting information form

Claims submitted before January 1, 2011, must provide a valid alleged-cause code and either at least one valid Field 19 diagnosis code or a Field 57 injury or illness description.

CLAIMS SUBMITTED PRIOR TO 1/1/11 MUST PROVIDE EITHER: (1) BOTH A VALID ALLEGED CAUSE OF INJURY, INCIDENT OR ILLNESS CODE (FIELD 15) AND AT LEAST ONE VALID DIAGNOSIS CODE IN THE ICD-9 DIAGNOSTIC CODE 1 (FIELD 19) OR THE DESCRIPTION OF INJURY ILLNESS (FIELD 57)

CRITICALCivil cases

Applies to

Fact witness list

A defendant listing an officer, director, employee, or agent must identify that person by name and position.

Any defendant that lists an officer, director, employee and/or agent (past and present) must list that person by name and position, not merely by description.

CRITICALCivil cases

Applies to

Pleading

Pleadings in a Trial Setting must include the Trial Setting cause number and the names and cause numbers of the related plaintiffs.

All pleadings filed in cases which have been grouped into a Trial Setting shall contain the cause number of the Trial Setting in addition to the individual names and cause numbers of the plaintiffs to which the pleading relates.

CRITICALCivil cases

Applies to

Pre mediation status report

After each pre-mediation conference, the Administrator must provide the status report to all parties and the Court, and the report must state the conference outcome.

Upon the conclusion of each pre-mediation conference, the Administrator shall provide a copy of Pre-Mediation Status Report to all parties as well as the Court. This report shall indicate the outcome of the pre-mediation conference.

CRITICALCivil cases

Applies to

Motion hearing notice

The moving party must set and notice a hearing, and the notice must identify the motions to be heard; a non-moving party may set a hearing but is not required to.

It shall be the responsibility of the moving party to set and notice a hearing on any motion. The notice must specify the motions to be heard and may not generally state that all pending motions in a case or group of cases will be heard. A non-moving party may, but need not, set a motion for hearing.

CRITICALCivil cases

Applies to

Proposed calendar

The proposed calendar must set out pending cases for the assigned trial dates and be noticed for hearing.

Within fourteen (14) days of the date on which the trial schedule issues, each Plaintiff's firm shall file and serve a proposed calendar for setting pending cases on the assigned trial dates, and notice the same for hearing.

CRITICALCivil cases

Applies to

Trial setting

No trial setting will be given before the required forms are properly completed and deposited in the CRD.

No trial setting will be given prior to such proper completion and deposit of this Form in the CRD.

CRITICALCivil cases

Applies to

Answers to standard interrogatories and requests for production

Answers to standard interrogatories and requests for production must include both each question and its answer.

All answers to the standard interrogatories and requests for production shall include both the question and the answer.

CRITICALCivil cases

Applies to

Deposition use listing

The required listing must identify the depositions, parties to the original lawsuit, parties against whom each deposition will be used, and issues for which it is offered.

Any party seeking to use any portion of such prior deposition or trial testimony as substantive evidence at trial shall, no later than seven (7) 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.

CRITICAL

Applies to

Electronically filed document with original signature

The filing party must make signed originals available for inspection by the Court, Clerk, or other counsel upon five days’ notice.

The filing party shall make those signed originals available for inspection by the Court, the Clerk of the Court or by other counsel in the case, upon five (5) days notice.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

The form must report the CMS date of incident as the accident date, first exposure, first ingestion, or implant date, as applicable.

Provide Date of Incident (DOI, DOI is defined by CMS) for an automobile wreck or other accident, the date of incident is the date of the accident. For claims involving exposure (including, for example, corruptional disease and any associated cumulative injury) the DOI is the date of FRST exposure. For claims involving ingestion (for example, a recalled drug), it is the date of FRST ingestion. For claims involving implants it is the date of the implant (or date of the first implant if there are multiple implants).

CRITICALCivil cases

Applies to

Motion

A motion by the claimant’s attorney to voluntarily dismiss a claimant from the Registry must state that the claimant is dismissing their claims.

(a) A Claimant may be voluntarily dismissed from the Registry upon the filing of a Motion by the Claimant's attorney that states that the Claimant is dismissing his/her claims. Plaintiff may at any time dismiss without prejudice his or her action or any part thereof as to any defendant.

CRITICALCivil cases

Applies to

Release

Plaintiffs must execute releases to obtain information, medical records, and other materials and file the releases with the Records Depository.

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials, and filed with the Records Depository, which shall attempt to obtain and file the information for the parties.

CRITICAL

Applies to

Electronically filed document

Each electronically filed document must include the filer’s typed name, email address, mailing address, and telephone number.

Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro se party filing such document.

CRITICALCivil cases

As a condition of obtaining an expedited-trial order, Plaintiff must provide copies of specified records in Plaintiff’s or counsel’s possession by the hearing or another expedited time set by the court.

1. As conditions precedent to obtaining an Order expediting 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: (c) Provide a copy of all medical records, military, employment and Social Security Administration records of Plaintiff in Plaintiff’s or Plaintiff’s counsel’s possession at that time.

CRITICALCivil cases

Applies to

Mediator selection submittal

Parties must submit a mediator selection.

The court having entered an Order of Referral to Mediation in the above action which requires parties to submit their selection of mediator within fourteen (14) days of said order, the parties hereby stipulate that the mediator for this cause of action will be:

CRITICALCivil cases

A motion to compel further deposition of a previously deposed expert on general issues must identify the justified inquiry areas and explain why they were not or could not have been covered earlier.

A party moving to compel the deposition of a previously-deposed expert as to general issues must specifically identify the areas of inquiry which justify further deposition and the reasons such inquiry was not or could not have been made in the prior deposition.

CRITICALCivil cases

Applies to

Release

Plaintiffs must execute releases for obtaining information and materials, serve them electronically through LexisNexis or another agreed method, and file them with the CRD.

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials, served via LexisNexis or other agreed to method of electronic service and filed with the CRD, which shall attempt to obtain and file the information for the parties.

CRITICALCivil cases

When 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 which must be disclosed.