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

CRITICALCivil cases

Applies to

Word processing file

For word-processing files submitted to LNFS, attorneys must place “Original Signature on File with the Court.” where the signature would normally appear instead of a visual signature.

Word-processing documents transferred to LNFS via the Internet will not contain visual representations of the filing attorneys’ signatures. 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

Medicare mandatory reporting information form

The form must report the industry date of incident as the accident date or, for the specified exposure or implantation claims, the date of last exposure, ingestion, or implantation.

Provide industry Date of incident (DOI) rotalinely used by the Insurance/workers' compensation industry: For an automobile wreck or other accident, the date of incident is the date of the accident. For claims involving exposure, or implantation, the date of incident is the date of LAST exposure, ingestion, or implantation.

CRITICAL

Applies to

Document containing third party signature

Documents containing third-party signatures may be e-filed, but must bear a facsimile or typographical signature.

Documents containing signatures of third parties may be filed electronically and shall bear a facsimile or typographical signature.

CRITICALCivil cases

Applies to

Mediation agreement

The mediator must indicate whether the parties attended, participated in good faith, and had all individuals necessary to facilitate settlement present.

The mediator must also indicate whether or not the parties attended the Mediation, fully and actively participated in the Mediation in good faith, and had all individuals necessary to facilitate settlement present at the Mediation.

CRITICALCivil cases

At the expedited-trial motion 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, plaintiff shall provide evidence of his age or his limited life expectancy.

CRITICALCivil cases

Applies to

Medicare reporting forms

When applicable, Forms A-1 and A-2 must include forms executed by the special administrator for the decedent and individually if the administrator sues in that capacity.

Properly completed Forms shall include Forms executed by the special administrator for a decedent and for the special administrator individually if the special administrator sues in his or her individual capacity.

CRITICALCivil cases

Applies to

Relevant mediation documents

The Program Administrator will gather all relevant documents and give them to the mediator before the scheduled mediation date.

The Program Administrator will gather all relevant documents and give them to the mediator before the scheduled date of Mediation.

CRITICALCivil cases

Applies to

Mediation evaluation form

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

All parties are also required to complete an evaluation form regarding the mediation process.

CRITICALCivil cases

Applies to

Deposition objection statement

An objection statement must set forth the grounds for objecting to use of the deposition.

Any party objecting to use of the deposition shall file a statement (if not previously provided in a ―master pleading) setting forth grounds at least 24 hours before the deposition testimony is to be offered.

CRITICAL

Applies to

Position statement of proposed disposition or proposed order

At trial or a hearing on all final issues, each party must submit either a position statement proposing disposition of all issues or a proposed order covering those issues.

At the time of trial or hearing on all final issues, each party shall submit a position statement of proposed disposition of all issues or a proposed order, including but not limited to parental allocation of responsibilities, parenting time, child support, maintenance, and all issues involved in apportionment and marital and non-marital property, marital debts, pensions, and attorney fees.

CRITICALCivil cases

Applies to

Complaint for contribution

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

(b) A settling defendant/counterplaintiff who 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

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

Notice of deposition

Notices of Deposition must be filed in the Clerk's office.

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

CRITICALCivil cases

Applies to

Pleading

For an individual case not grouped for trial, parties must file one original pleading with the Circuit Clerk for filing in that plaintiff’s individual court file.

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

CRITICALCivil cases

Applies to

Expert report

A sponsoring party must provide a case-specific expert report stating the expert’s opinions and conclusions at least three days before the deposition, unless it was previously provided under the defendants’ medical-exam section.

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 at least three (3) days prior to the expert's deposition, if not previously provided pursuant to the section on defendants' medical exams below.

CRITICALCivil cases

Applies to

Complaint

The Plaintiff must place one of the specified mediation-status statements beneath the Complaint caption title.

The Complaint shall clearly designate whether the case is subject to mediation, beneath the caption title "Complaint", the Plaintiff shall include "Subject to Mandatory Mediation" or "Not Subject to Mandatory Mediation".

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

General issue pleading

Pleadings about general issues not unique to an individual plaintiff's case or Trial Setting must be filed in either of the specified asbestos case files.

Parties filing pleadings relating to general issues which are not unique to an individual plaintiff's case or to a Trial Setting shall be filed in either "All Asbestos Litigation" or "All Asbestos Cases Filed by [Plaintiff's Firm]."

CRITICALCivil cases

Applies to

Court report to supreme court

The Court must report specified mediation statistics and participant feedback to the Supreme Court quarterly or when requested by the Administrative Office of the Illinois Courts.

a. The Court shall report to the Supreme Court the number of cases submitted to mediation pursuant to this program, the type and number of issues resolved through the mediation program, and participant satisfaction rates and survey results. Said report shall be submitted to the Supreme Court on a quarterly basis or as requested by the Administrative Office of the Illinois Courts.

CRITICALCivil 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, and the report must state the specified doctor-patient relationship, x-ray findings, and restrictive-impairment information.

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

CRITICALCivil cases

Applies to

Exposure site witness disclosure

Plaintiffs must identify exposure or 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

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 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

Medicare confidential reporting information form

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

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

CRITICALCivil cases

Applies to

Pleading

Pleadings filed in an individual case must be filed and docketed in that individual’s case.

All pleadings that are filed in an individual case shall be filed and docketed in that individual’s case.

CRITICALCivil cases

Applies to

Pathology and test materials

Plaintiff must place the specified reports, images, and pathology materials in the depository.

Plaintiff shall also place in the depository all B-read reports, pulmonary function test reports, x-rays, tissue blocks, slides, or other pathology specifically including but not limited to pathology reviewed by and/or in possession of plaintiff's experts or in Plaintiff's or Plaintiff's counsel's possession.

CRITICALCivil cases

Applies to

Certificate of service

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 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.

CRITICAL

Applies to

Electronic document requiring original signature

Filing an electronic document that requires an original signature certifies that the filer possesses the original signed document.

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.

CRITICALCivil cases

Applies to

Settlement

For settlements covered by MMSEA Section 111 reporting, plaintiff must promptly complete Form B and return it to the settling defendant with the release or settlement agreement; the settlement is not final and enforceable until Form B is completed.

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. No settlement is final and enforceable until this Form B is completed. This paragraph will apply only to settlements after the federal government/CMS requires reporting under MMSEA Section 111.

CRITICALCivil cases

Applies to

Forum non conveniens motion and supporting memorandum

For a forum non conveniens issue to be heard and resolved by the Court, the moving party must file and serve a particularized motion and, if filing one, a supporting memorandum setting out all facts, exhibits, and authorities to be relied on.

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.

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 obtained a good faith finding pursuant to a settlement with the plaintiff 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

Notice of filing

The notice of filing served on defendants must specify the item or items filed with the Records Depository.

A plaintiff may effect service upon defendants of any record, document (excluding pleadings or answers to interrogatories) or tangible item (including pathological materials and x-rays) by filing the same with the Records Depository and serving a notice of filing upon defendants, which specifies the item(s) being filed.

CRITICALCivil cases

Applies to

Verification

The plaintiff must deposit verification of satisfaction, discharge, or release of the Medicare lien in the CRD within a reasonable time after it occurs.

Plaintiff will deposit in the CRD verification showing satisfaction, discharge or release, of the Medicare lien within a reasonable time after such occurs.

CRITICALCivil cases

Applies to

Expert witness list

A party listing a new expert must provide a disclosure with the expert witness list covering the expected testimony, 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

Expert disclosure

The disclosure accompanying a new expert witness list must state the expected testimony’s general subject matter, the substance and basis of the expert’s opinions, and include 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 a curriculum vitae for that expert.

CRITICALCivil cases

Applies to

Settlement conference summary

If a settlement conference is ordered or agreed to, each party must give the mediator a written case summary listing issues for each party and addressing the occurrence, liability, damages and injuries, and settlement offers or demands.

If a settlement conference is ordered by the Court or agreed to by the parties, each party shall 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

Medicare mandatory reporting information form

The form’s illness or injury description must identify the major body part allegedly injured and the cause of the alleged illness or injury.

Enter a free-form text description of alleged illness or injury. Include description of major body part allegedly injured (e.g. head, arm, leg, etc.) and cause of alleged illness/injury.

CRITICALCivil cases

Applies to

Exhibit list

A party may not use an exhibit omitted from its list, except for qualifying case-specific records timely placed in the CRD when the opposing party had notice.

No party may use an exhibit that is not disclosed on its list, except where the document is a medical record, employment record or a like case-specific record that was timely placed in the CRD and the party against which it is offered had notice of the same.

CRITICALCivil cases

Applies to

Supplemental disclosure

When an expert’s general-issues opinions or testimony have changed or expanded, the sponsoring party must provide a supplemental disclosure with the expert witness list describing the changes or additions, the opinions, and their 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.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

The form must identify the state whose law controls using its U.S. postal abbreviation, or use “US” for the specified federal claims.

Provide the US postal abbreviation corresponding to the US State whose state law controls resolution of the claim. Use "US" where the claim is a Federal Tor Claims Act Robusty Insurance matter or a Federal workers' compensation claim.

CRITICALCivil cases

Applies to

Discovery pleading

Discovery pleadings must not be filed with the Clerk’s office except as allowed by the stated exception.

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

CRITICALCivil cases

Applies to

Complaint

An asbestos-related claim must begin with a properly filed complaint served on all defendants, including defendants added after the original complaint.

All asbestos-related claims shall begin with a complaint properly filed and duly served on all defendants, including all defendants added after the filing of the original complaint.

CRITICALCivil cases

Must include

certificate of service

A required Certificate of Service must accompany the filing and show the names, addresses, and dates of service upon all other persons.

Whenever the provisions of this Order require that counsel make service of the specified material, counsel shall file the original document with the Clerk of the Court, and shall include with such filing a Certificate of Service which shows the names, addresses and dates of service upon all other persons.

CRITICALCivil cases

Applies to

Motion hearing notice

A hearing notice must specify the motions to be heard and may not generally state that all pending motions will be heard.

The notice must specify the motions to be heard and my not generally state that all pending motions in a case or group of cases will be heard.

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 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

Motion

A voluntary Registry dismissal requires an attorney-filed motion stating that the Claimant is dismissing their claims.

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.

CRITICALCivil cases

Applies to

Medicare confidential reporting information form

Claims submitted on or after January 1, 2011, must include both the Field 15 alleged-cause code and the Field 19 ICD-9 diagnosis code.

CLAIMS SUBMITTED ON OR AFTER 1/1/11 MUST CONTAIN BOTH THE ALLEGED CAUSE OF INJURY, INCIDENT OR ILLNESS CODE (FIELD 15) AND THE ICD-9 DIAGNOSTIC CODE 1 (FIELD 19).

CRITICAL

Applies to

Electronically filed document

An electronic filer is responsible for ensuring the document is complete, readable, and properly filed, just like a conventional filer.

A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.

CRITICALCivil cases

Applies to

Non malignant claims and registry notices motions orders

Captions for non-malignant claims and Registry-related notices, motions, and orders must place “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). 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

Complaint for contribution

A contribution complaint must identify separately 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

Fact witness list

A defendant listing an officer, director, employee, or agent must identify that person by name and position, not merely by description.

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.