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

CRITICALCivil cases

Applies to

Motion for additional time

A motion for additional time must articulate the basis for the relief sought.

Said motion must articulate the basis for the relief sought.

CRITICALCivil cases

Applies to

Loan modification application packet

The Plaintiff must provide the borrower a loan modification application packet within 15 days of the initial intake conference.

The Plaintiff shall provide a loan modification application packet to the borrower within fifteen (15) days of the initial intake conference.

CRITICAL

Applies to

Original document

The filing party must retain the original document until one year after the judgment becomes final through direct review or the time to seek review expires.

The filing party must retain the original document until one year after the date that the judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review.

CRITICALCivil cases

Applies to

Medical malpractice mediators report

File the original mediator’s report with the Circuit Clerk and send a copy to the Trial Judge and Trial Court Administrator.

Original to be filed with Circuit Clerk, a copy of this report is to be sent to the Trial Judge and the Trial Court Administrator, Teri Picchioldi

CRITICAL

Applies to

Electronically filed document

Must include

case number

Each e-filed pleading or document must include its case title, case number, and filing nature, and conform to Administrative Order 2005-F-30.

Additionally, each electronically filed pleading and document shall include the case title, case number and the nature of the filing and shall conform with Administrative order 2005-F-30.

CRITICALCivil cases

Applies to

Notice of filing

The written notice of filing must identify the items being filed.

a written notice of filing which specifies the item(s) being filed.

CRITICALCivil cases

Applies to

Plaintiff records

Plaintiff must provide copies of the specified records in Plaintiff’s or counsel’s possession.

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 report

The mediator’s report must follow the Chief Judge’s prescribed form, be signed by the mediator, and designate the agreement status using one of the specified terms.

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. The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.

CRITICALCivil cases

Applies to

Settlement agreement

Any agreement reached in mediation must be put in writing and signed by the parties and their counsel, if any, at the conclusion of mediation.

I) If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation.

CRITICAL

Applies to

Documents required to be maintained and preserved

Documents subject to the preservation requirement 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

Mediation initial intake conference

Homeowners must bring the completed questionnaire and two utility bills showing proof of residence to assist the Mediation Administrator.

In order to assist the Mediation Administrator in determining your ability to keep your home, you must bring the enclosed completed questionnaire and two utility bills showing proof of residence.

CRITICALCivil cases

Applies to

Registry notice motion or order

Must include

caption

Captions of notices, motions, and orders pertaining to Registry claims must include “ASBESTOS DEFERRED REGISTRY” immediately under the cause number.

The caption for all notices, motions and orders pertaining to claims on the Registry shall also include the words "ASBESTOS DEFERRED REGISTRY" immediately under the cause number.

CRITICALCivil cases

Applies to

Stipulation

Material terms of this Order may not be modified except by a stipulation signed by all parties and entered by the Court or by the Court, or by the Court following notice to all parties of record.

Material terms of this Order may not be modified except by a stipulation signed by all parties and entered by the Court or by the Court, or by the Court following notice to all parties of record.

CRITICALCivil cases

Applies to

Agreement

If the parties reach an agreement, the parties and their counsel must sign it, and the Administrator must submit it to the Court for approval.

If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Administrator shall submit it to the Court for approval.

CRITICALCivil cases

Applies to

Expedited trial hearing evidence

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

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

CRITICALCivil cases

Applies to

Settlement demand

In cases set for trial, the plaintiff must provide written settlement demands to defendants from whom indemnity is sought at least 45 days before trial, unless already provided.

In all cases set for trial, forty five (45) days before the trial date plaintiff shall provide written settlement demands to all defendants from which he/she seeks indemnity, if not previously provided.

CRITICALCivil cases

Applies to

Mediator selection submittal

The mediator selection submittal must be filed with the Clerk of the Court and mailed to the Court Administrator at the stated address.

This submittal to be filed with the Clerk of the Court and mailed to the Court Administrator at 155 North Main Street, 4th Floor, Edwardsville, IL 62025.

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 hearing notice

The moving party must set and notice a hearing, and the notice must identify the motions to be heard rather than generally refer to all pending motions; a non-moving party may also set a hearing but is not required to do so.

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.

CRITICAL

Applies to

Document requiring third party signature

The filing party or attorney must confirm that all required signatories who are not parties or are not registered for e-filing approve the document.

If a document requires the signature(s) of one or more persons not a party to the case or not registered for electronic filing, the filing party or attorney must confirm all persons required to sign the document approve it.

CRITICALCivil cases

Applies to

Mediator report

At the conclusion of mediation, the mediator must file a report with the trial court stating whether the parties reached an agreement and whether they attended.

Upon the conclusion of the Mediation, the mediator shall file a report with the trial court indicating whether the parties came to an agreement through the mediation process. The mediator must also indicate to the Court whether or not the parties attended the

CRITICALCivil cases

Applies to

Medicare confidential reporting information form

Provide valid ICD-9 codes for alleged injuries or illnesses, using a separate code for each affected body part.

19. ICD-9 Diagnosis Code 1: Please provide valid ICD-9 Codes for any injury or illness you allege arose from the allegations made against settling defendant. NOTE: separate ICD-9 codes are required for each body part you assert was/is affected. **

CRITICALCivil cases

Applies to

Proposed order

A proposed order special closing a case must list defendants dismissed without prejudice and state that the case is special closed as to all other party defendants.

Plaintiff may, at the appropriate time, request a case be special closed and shall in the proposed Order special closing the case, list the defendants which are being dismissed without prejudice and include a statement that as to all other defendants which are parties to the case, the case is being special closed.

CRITICALCivil cases

Applies to

Expedited trial setting

To obtain an order expediting 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; the source’s description of the second set is truncated.

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: (a) Answer 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 General Records Depository. One set will authorize the GRD to collect records and the second set will authorize

CRITICAL

Applies to

Document requiring non registered signatory

The document must identify each signatory who is not registered for electronic filing.

The document must indicate the identity of each non-registered signatory.

CRITICALCivil cases

Applies to

Word processing file

Attorneys submitting word-processing files must place “Original Signature on File with the Court.” where the signature would normally appear.

On word-processing files that they submit, attorneys shall, in place of a signature and where the signature would normally appear, place "Original Signature on File with the Court."

CRITICALCivil cases

Applies to

Request for removal

A Request for Removal must use the attached Exhibit B form and include supporting medical, B-Read, and pulmonary function test reports.

The Request shall be in the form attached hereto as Exhibit B along with all medical reports, B- Read reports, and pulmonary function test reports (as set forth in Paragraph E.4) which support the Claimant's Request for Removal.

CRITICALCivil cases

Applies to

Prior testimony use listing

A party intending to use prior deposition or trial testimony as substantive evidence must provide opposing counsel, at least 60 days before trial unless already provided in a master pleading, a listing identifying the depositions, parties, and issues involved.

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.

CRITICALCivil cases

Applies to

Complaint and responsive pleading

A complaint and responsive pleading must be filed.

There shall be a complaint and responsive pleading.

CRITICALCivil cases

Applies to

Expert deposition tender

A tender for deposition must be in writing and made at least seven days before the proposed deposition date.

The tender shall be in writing and at least seven (7) days in advance of the proposed deposition date.

CRITICALCivil cases

Applies to

Request for removal from asbestos registry

A request for removal must state the specific reasons and criteria for removal and include the documentation required by the Registry Order.

- 5. The reasons for this request are as follows (here state the specific reasons for removal, specifying which criteria have been satisfied): _____ _____ _____ - 6. The following documentation required by the Registry Order is attached hereto in support of this request:

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

Report the settlement date as the release-signing date, the later of signing or court approval when approval is required, or the payment date if there is no written agreement.

Date the Release is signed unless court approval is required - then it is the later of the date the Release is signed or the date of court approval. If there is no written agreement, then it is the date of payment.

CRITICALCivil cases

Applies to

Reporting form b

At least one plaintiff's counsel must sign Form B, which must certify that counsel read the supplied information and that it is well grounded in fact after reasonable inquiry.

Form B will be signed by at least one counsel for plaintiff and will state that the signature of the attorney constitutes a certificate by him that he has read the information supplied in this Form and that all information stated therein is well grounded in fact to the best of his knowledge, information and belief formed after reasonable inquiry.

CRITICALCivil cases

Applies to

Form B

At least one plaintiff’s counsel must sign Form B, certifying that counsel read its information and that the statements are well grounded in fact after reasonable inquiry.

Form B will be signed by at least one counsel for plaintiff and will state that the signature of the attorney constitutes a certificate by him that he has read the information supplied in this Form and that all information stated therein is well grounded in fact to the best of his knowledge, information and belief formed after reasonable inquiry.

CRITICALCivil cases

Applies to

Answer and appearance

A homeowner must file an answer and appearance to litigate the foreclosure, but need not file them to participate in mediation.

The homeowner must file an answer and appearance in the foreclosure action if they wish to litigate the case. The homeowner does not have to file an answer and appearance to participate in the mandatory mediation program.

CRITICALCivil cases

Applies to

Deposition upon written questions

The Court-approved standard set of written deposition questions must continue to be used for future respondents in discovery.

The standard set of questions entitled: "Deposition Upon Written Questions," which was previously approved by the Court for deposing respondents in discovery shall continue to be the standard set used for future respondents in discovery.

CRITICALCivil cases

As a condition of obtaining an expedited-trial order, Plaintiff must provide two sets of specified record authorizations 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: (a) Answer 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 Central Records Depository. One set will authorize the CRD to collect records and the second set will authorize the following law firms to collect records: Armstrong Teasdale, LLP; Boyle Brasher LLC; Foley & Mansfield, PLLP; Greensfelder, Hemker & Gale, P.C; HeplerBroom, LLC; Gunty & McCarthy; Herzog Crebs LLP; Heyl, Royster, Voelker & Allen, P.C.; Hawkins, Parnell, Thackston & Young, LLP; Husch Blackwell LLP: Johnson & Bell, Ltd.; Kernell Law Firm, PC; Kurowski, Bailey & Shultz, LLC; Matushek, Nilles & Sinars, LLC; O’Connell, Tivin, Miller & Burns, LLC; Pitzer Snodgrass PC; Polsinelli, Shalton & Welte, P.C.; Segal, McCambridge, Singer & Mahoney, Ltd.; and Williams, Venker & Sanders (or their authorized representatives).

CRITICAL

Applies to

Electronically filed document

A document that would require an original signature when conventionally filed must bear the authorizing attorney’s or pro se party’s facsimile or typographical signature.

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.

CRITICALCivil cases

Applies to

Settlement submission

As a condition of settlement, plaintiff must promptly complete Form B and return it to the settling defendant with the release or settlement agreement.

As a condition of any settlement, plaintiff will promptly complete in full and return the Reporting Form ("Form B") to settling defendant along with the release or settlement agreement.

CRITICALCivil cases

Applies to

Statistical report

The Program Administrator and DRI must maintain specified mediation statistics and report them to the Administrative Office of the Illinois Courts as required.

The Program Administrator and DRI shall maintain statistical data on the results of mediation, including the number of cases where the initial criteria was met and the number of cases where an agreement was worked out between parties, and shall report the same to the Administrative Office of the Illinois Courts at such times and in such manner as may be required.

CRITICAL

Applies to

Sealed pleading

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

First notice

The First Notice must explain potential eligibility at the first court appearance, describe the pre-mediation and mediation processes, and provide the specified referral information.

The First Notice shall inform the defendant(s) that they may be eligible to participate in the mediation program at their first court appearance. The First Notice shall describe pre-mediation and mediation process. The First Notice shall include referral information to local free or low cost legal counseling services through Land of Lincoln Legal Aid, local financial counseling services, local housing agencies, and the Madison County Law Library and Self-Help Legal Center.

CRITICALCivil cases

Applies to

Master pleading adoption

A party adopting another party's master pleading must identify its title, filing category, filing date, and filing party.

A party may adopt the master pleading of another party, by identifying (1) the title of the master pleading, (2) whether the master was filed under "All Asbestos Litigation" or "All Asbestos Litigation Filed by [Plaintiff's Firm]," (3) the date on which the master pleading was filed, and (4) identifying which party filed the master pleading.

CRITICALCivil cases

Applies to

Expert witness disclosure

A party listing a new expert must provide an accompanying disclosure stating the expected testimony’s subject matter, the expert’s opinions and their basis, and the expert’s curriculum vitae.

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 curriculum vitae for that expert.

CRITICALCivil cases

Applies to

Fact witness list

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

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

Request for removal

A Request for Removal filed with a qualifying lawsuit must use Exhibit B and include the supporting medical, B-Read, and pulmonary function test reports specified in Paragraph E.4.

(b) A Claimant may file a Request for Removal in conjunction with a lawsuit alleging one of the diseases meeting minimum criteria for removal from the Registry. The Request shall be in the form attached hereto as Exhibit B along with all medical reports, B-Read reports, and pulmonary function test reports (as set forth in Paragraph E.4) which support the Claimant's Request for Removal.

CRITICALCivil cases

Applies to

Pleading

Pleadings in an individual case not grouped for trial must be filed only in that case and conspicuously include “Asbestos personal injury” under the cause number.

All pleadings which are filed in an individual case which has not been grouped with other cases for trial shall be filed and docketed only in that individual's case and shall conspicuously contain the phrase "Asbestos personal injury" under the cause number on the face of the pleading.

CRITICALCivil cases

Applies to

Case specific expert report

A sponsoring party must provide a case-specific expert report stating the expert’s opinions and conclusions by the schedule deadline and at least three business days before deposition.

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 he/she is being tendered. The report shall be provided pursuant to the schedule deadlines, but in no event less than three (3) business days before the deposition.

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 that a true and correct copy was electronically served on 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.