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

CRITICAL

Applies to

Signed originals

The filing party must make signed originals available for inspection by the Court, the 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

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

Case specific expert testimony

An expert witness who is not tendered for deposition may not give case-specific testimony.

Any expert witness not tendered for deposition shall be barred from giving case-specific testimony.

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached through mediation must be put in writing 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

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

A settling defendant/counterplaintiff that 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.

CRITICALCivil cases

Applies to

Settlement conference submission

The plaintiff must provide each remaining defendant with the identities of all remaining defendants.

Further, Plaintiff shall provide to each defendant remaining in a case the identity of all remaining defendants.

CRITICALCivil cases

Applies to

Motion to compel expert deposition

A motion to compel further deposition of a previously deposed expert on general issues must identify the justified areas of inquiry 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

The plaintiff must provide the court the total outstanding demands and total setoffs from settlements with settling defendants.

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

A motion to compel further deposition of a previously deposed expert on general issues must identify the areas of inquiry that justify it and explain why they were not or could not have been addressed 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

Discovery compliance filing

Must include

certificate of service

Parties complying with both automatic and supplemental discovery requests must file a certificate of service with the Clerk instead of filing the discovery compliance.

Parties complying with both automatic discovery requests and supplemental discovery requests shall file a certificate of service with the Clerk's office in lieu of the discovery compliance.

CRITICALCivil cases

Applies to

Medicare confidential reporting information form

The Industry Date of Incident field must state the accident date or the date of last exposure, ingestion, or implantation related to the settling defendant’s product or premises.

13. Industry Date of Incident: Please state the date of accident or date of last exposure, ingestion, or implantation with respect to settling defendant's product and/or premises.

CRITICALCivil cases

Applies to

Mediator report

The mediator must prepare and submit a report to the court.

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.

CRITICALCivil cases

Applies to

Contribution claim

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

No defendant/counterplaintiff may further prosecute a deemed file 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

Notice of deposition

Notices of deposition must be filed with the Clerk.

Notices of Deposition shall be filed in the Clerk’s office.

CRITICALCivil cases

Applies to

Mediator report

After mediation concludes, DRI must return the case file to the Program Administrator, who must file a report with the trial court stating whether the parties reached an agreement.

Upon the conclusion of the Mediation, DRI shall return the case file to the Madison County Program Administrator. The Administrator shall file the Mediator's report with the trial court indicating whether the parties came to an agreement through the mediation process.

CRITICALCivil cases

Applies to

Participating borrowers list

The Mediation Administrator must provide the Plaintiff with a list of participating borrowers each week.

The Mediation Administrator shall provide the Plaintiff with a list of participating borrowers each week.

CRITICALCivil cases

Applies to

List

For qualifying depositions outside the 40-mile radius, the list must identify manufacturers or product brands, premises owners or operators, and product types about which the witness will have no testimony.

If the discovery deposition of plaintiff or of a site or exposure witness occurs outside a 40-mile radius of the Madison County, Hillnois 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—if a company or product type is included on a list against which the plaintiff or witness will have no testimony, that company or defendant who manufactures, sells or distributes a listed type of product need not appear for the discovery deposition.

CRITICALCivil cases

Applies to

Form b

If the alleged injured party is deceased, at least Claimant 1 information must be provided.

At least Claimant 1 information is required if Alleged Injured Party in Section A is deceased.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

Uninternational Classification of Diseases, Ninth Revision, Clinical Modifications - Must be on the current list of valid codes accepted by CMS found at www.cms.hhu.gov/ICD9ProviderDiagnosticCodes/OS_codes.asp. At least one valid diagnostic code must NOT be on the list of Insufficient codes (found in Appendix H to the NGI# User Guide, V.7.Q and NOT and E or a V Code).

Uninternational Classification of Diseases, Ninth Revision, Clinical Modifications - Must be on the current list of valid codes accepted by CMS found at www.cms.hhu.gov/ICD9ProviderDiagnosticCodes/OS_codes.asp. At least one valid diagnostic code must NOT be on the list of Insufficient codes (found in Appendix H to the NGI# User Guide, V.7.Q and NOT and E or a V Code).

CRITICALCivil cases

Applies to

Medicare reporting forms

By the date plaintiff deposits interrogatory answers in the CRD, plaintiff must complete and deposit Form A-1 (or a new or amended CMS form) and Form A-2 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.

CRITICALCivil cases

Applies to

Authorization form

Designees must sign the Plaintiff’s authorization form, which permits discussion of private information and requires all attendees to keep that information confidential.

These designees must sign an authorization form provided by the Plaintiff allowing the Plaintiff to discuss private information and requiring all attendees to keep the information confidential.

CRITICALCivil cases

Applies to

Record authorizations

(b) Plaintiff shall deposit in the DMD 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 (if Plaintiff claims lost wages). Such authorizations should be executed to allow the DMD and defense firms to collect records and materials, but should not be served on the parties as the DMD may require such authorizations to collect records and materials and the authorizations may contain Social Security numbers and other such confidential information.

(b) Plaintiff shall deposit in the DMD 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 (if Plaintiff claims lost wages). Such authorizations should be executed to allow the DMD and defense firms to collect records and materials, but should not be served on the parties as the DMD may require such authorizations to collect records and materials and the authorizations may contain Social Security numbers and other such confidential information.

CRITICALCivil cases

Applies to

Supplemental disclosure

If an expert's general-issue opinions, conclusions, or their basis have changed, or the expert will address additional matters, the sponsoring party must serve a supplemental disclosure with the expert witness list stating the changes or additions, the substance of the opinion, and its basis.

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.

CRITICAL

Applies to

Documents required to be maintained and preserved

Documents required to be maintained and preserved must be kept for one year after the appellate process period is completed.

All documents that are required to be maintained and preserved must be kept for one year after the appellate process period has been completed.

CRITICALCivil cases

Applies to

Expedited trial setting hearing

At the expedited-trial-setting hearing, the plaintiff must provide evidence of age or limited life expectancy.

At the time of the hearing on a motion for an expedited trial setting, Plaintiff shall provide evidence of his age or his limited life expectancy.

CRITICALCivil cases

Applies to

Hearing statement and stipulation

At the hearing’s commencement, attorneys must provide a written case statement with a stipulation of agreed or admitted relevant facts, which must state that it cannot be used for evidentiary or impeachment purposes in a subsequent hearing.

At the commencement of the hearing, the attorneys for the parties will provide a brief written statement of the nature of the case which shall include a stipulation as to all of the relevant facts to which the parties agree or which have been admitted pursuant to a request to admit. The stipulation shall include, if applicable, relevant contract terms, dates, times, places, location of traffic control devices, year, make and model of automobiles and of other vehicles, equipment or goods and products which are involved in the litigation and other relevant and material facts. However, the stipulation may not be used for evidentiary and/or impeachment purposes in any subsequent hearing and the written stipulation shall so state.

CRITICALCivil cases

Applies to

Form b

At least Character 1 Information is required when the injured party is deceased.

At least Character 1 Information is required If Alleged Injured Party is deceased.

CRITICALCivil cases

Applies to

Request for trial

A trial request must identify the case or cases and proposed trial dates and be submitted with a notice of hearing.

Upon filing of a new case, 30 days after all parties named therein have been served, Plaintiff may submit a request for trial, and serve same, together with a notice of hearing, on all defense counsel of record, identifying the case(s) and the proposed dates for trial.

CRITICALCivil cases

Applies to

Written response

If counsel elects to respond, the written response must certify that the case should remain in special closed status because the claims are being made via a bankruptcy trust or settlement with the defendant is pending.

counsel may, within 7 days of receipt of such written notice, serve on that defendant a written response certifying that the case as to that defendant should not be dismissed but should remain in special closed status because either the claims against that defendant are being made via a bankruptcy trust or settlement with that defendant is pending.

CRITICALCivil cases

Applies to

Program participant list

The Program Administrator will provide the Foreclosure Judge and Circuit Clerk with a list of program participants.

The Program Administrator will provide the Foreclosure Judge and Circuit Clerk with a list of program participants.

CRITICAL

Applies to

Electronic document requiring original signature

By electronically filing a document requiring an original signature, the filer certifies that the signed original is in their possession and, unless the Court orders otherwise, must preserve it.

Anyone filing an electronic document that requires an original signature certifies by so filing, that the original signed document exists in the filing person’s possession. 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

Case specific expert witness disclosure

An expert may not give case-specific trial testimony unless the expert was timely disclosed as case-specific, tendered for deposition, and provided a timely report.

An expert may not give case-specific testimony at trial unless he/she has been disclosed as a case-specific witness and tendered for deposition in a timely fashion, and a report has been timely provided.

CRITICALCivil cases

Applies to

Discovery responses

All parties must timely update and supplement their discovery responses without a request when they discover new information.

All parties have a continuing obligation to update and supplement their discovery responses on a timely basis without request as new information is discovered.

CRITICALCivil cases

Applies to

Release

Plaintiffs must execute releases for obtaining information, medical records, and other materials and deposit them in the DMD.

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials and deposited in the DMD.

CRITICALCivil cases

Applies to

Program administrator report to court

The Program Administrator must report specified mediation, outcome, timing, and administration information to the Court quarterly or as otherwise requested by the Office of the Chief Judge.

b. The Program Administrator shall report to the Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, participant satisfaction rates and survey results, the number of mediations transferred to DRI for completion, case outcomes, time from referral to resolution/return to court and a summary of noted problems relevant to the effective administration of the Program. Said report shall be submitted on a quarterly basis or as otherwise requested by the Office of the Chief Judge.

CRITICALCivil cases

Applies to

Notice to court

If the parties cannot agree on a mediator within 14 days after the referral order, the plaintiff’s attorney or an attorney agreed upon by all attorneys must notify the Court within the next seven 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)

CRITICALCivil cases

Applies to

Pleading

Pleadings filed in a Trial Setting must be filed in that Trial Setting’s unique court file.

The Clerk's office shall also create a unique court file for each Trial Setting in which all pleadings filed in the Trial Setting shall be filed.

CRITICALCivil cases

Applies to

Approved arbitrator application form

Applicants seeking arbitrator certification and appointment must file an approved application form with the Administrative Assistant for Arbitration and complete the required training seminar.

(a) Illinois-licensed Illinois attorneys in good standing who have been in practice at least five (5) years or retired judges shall be eligible for certification and appointment as arbitrators by filing an approved application form with the Administrative Assistant for Arbitration and completing the required arbitrator training seminar.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

ICD-9 diagnosis codes must be on CMS’s current valid-code list, and at least one valid code must not be insufficient and must not be an E or V Code.

(International Classification of Diseases, Ninth Revision, Clinical Modification) - Must be on the current list of valid codes accepted by CMS found at www.cms.hhs.gov/lCD9ProviderDiagnosticCodes/06_codes.asp. At least one valid diagnostic code must NOT be on the list of insufficient codes (found in Appendix H to the NGHP User Guide, V. 3.1, and NOT and E or a V Code).

CRITICALCivil cases

Applies to

Particularized motion and memorandum

The particularized motion and any supporting memorandum must set forth all facts, exhibits, and authorities on which the moving party intends to rely.

In any case in which the issue of forum non conveniens will be heard and resolved by the Court the moving party shall file and serve a particularized motion and memorandum of law in support (if said memorandum of law in support is to be filed) setting forth all facts, exhibits and authorities upon which it intends to rely no less than 10 days prior to the date on which the matter is to be heard.

CRITICAL

Applies to

Consent for release of information

When relevant benefit plans, employment health insurance, or third-party-held assets are involved, the party must execute a consent for release of the relevant information within ten days of receiving the authorization.

In cases where either party has pension plans, profit sharing plans, stock plans, savings plans, 401(k) plans, IRA accounts or any other benefit plan, or a health insurance plan through employment, or has an interest in assets in the possession of third parties, and such matters are relevant to the pending issues in the Family Division case, then that party shall execute a consent for release of all relevant information from the person or entity having such information within ten (10) days of receiving an authorization for their signature.

CRITICALCivil cases

Applies to

Motion

The motion must state the basis for the relief it seeks.

Said motion must articulate the basis for the relief sought.

CRITICALCivil cases

Applies to

Notice of mandatory mediation

The mandatory mediation notice must provide instructions about documents to bring, certified housing counselors, specified free legal assistance, and a free interpreter available through the mediation administrator.

The notice of mandatory mediation shall: advise the borrower to bring certain documents to the initial intake conference; contain a list of housing counselors certified by the Housing and Urban Development that may be available to assist the borrowers in foreclosure; advise the borrower of free legal assistance in the area, specifically, Land of Lincoln Legal Assistance Foundation and St. Louis University Legal Clinic; and advise the borrower that a language interpreter is available without cost upon contacting the mediation administrator.

CRITICALCivil cases

Applies to

Settlement agreement

If mediation results in a settlement, the attorneys must put the agreement in writing at the conclusion of mediation.

If a settlement is reached, the attorneys shall reduce the agreement to writing at the conclusion of the mediation.

CRITICALCivil cases

Applies to

Priority case list

A plaintiff firm intending to move cases to trial must first file a list designating its priority cases for that docket.

Any Plaintiff's firm intending to move cases to trial on a given trial docket shall first file a list of the cases to be designated as priority cases for that trial docket

CRITICALCivil cases

Applies to

Notice of deposition

An opposing party that wishes to depose the expert must notice the deposition.

The opposing party must notice the expert’s deposition if he/it wishes to take the expert’s deposition.

CRITICALCivil cases

Applies to

Registry removal request

A request for removal from the Asbestos Registry must include the documentation required by the Registry Order in support of the request.

6. The following documentation required by the Registry Order is attached hereto in support of this request:

CRITICALCivil cases

Applies to

Status report

In the stated circumstances where the mediator is not presiding over the settlement conference, the mediator designee must report the status of settlement negotiations to the Presiding Judge by 4:00 p.m. on the first day of trial.

4-3.Reporting to Presiding Judge – In those circumstances where the mediator is not the Presiding Asbestos Judge is not presiding over the settlement conference, the mediator designee shall report to the Presiding Judge the status of the settlement negotiations by 4:00 p.m. of the first day of trial the settlement conference.

CRITICALCivil cases

Applies to

Medicare reporting forms

If an amended complaint adds or changes plaintiffs after Forms A-1 and A-2 have been deposited, the plaintiff must promptly complete and deposit new or additional forms for those plaintiffs, subject to Illinois Supreme Court Rule 201(k).

For all cases in which plaintiff has already deposited Forms A-1 and A-2 but amends the complaint to add or change the party plaintiffs, particularly but not only due to death of a plaintiff, plaintiff shall promptly complete and deposit new or additional properly completed Forms A-1 and A-2 in the DMD for the new or additional plaintiffs. This paragraph (b) is subject to Illinois Supreme Court Rule 201(k).

CRITICAL

Applies to

Electronically filed document

An electronically filed document that conventionally requires an original signature must bear the authorizing attorney’s or pro se party’s facsimile or typed signature and is deemed signed in person.

Each electronically filed document, including all pleadings, motions, papers, etc., that require an original signature when conventionally filed, shall bear a facsimile or typographical signature of the attorney or pro se party authorizing such filing, (e.g., “/s/ Adam Attorney”), and shall be deemed to have been signed in person by the individual identified.