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

CRITICALCivil cases

Applies to

Motion

A Motion to Accelerate a deposition must be accompanied at the hearing by a physician, hospice facility, or provider report or record showing the need for expedited deposition, unless other good cause is shown.

(i) A Motion to Accelerate a deposition must be accompanied at the time of the hearing with a report or record from a physician, hospice facility or provider, or for other good cause shown indicating the need to have the deposition of the plaintiff taken in an expedited time frame.

CRITICALCivil cases

Applies to

Claimant registry form

The Claimant Registry Form must list pulmonary function test results if the profusion rating is 1/0 or greater, or B2 or greater.

b. If profusion 1/0 or greater, or B2 or greater, list pulmonary function test results:

CRITICALCivil cases

Applies to

Motion

A motion asking the court to find a case ineligible for mediation must be supported by an affidavit stating specific facts explaining why mediation would be inappropriate.

Said motion shall be supported by affidavit setting forth specific facts detailing why mediation would be inappropriate.

CRITICALCivil cases

Applies to

Written discovery responses

A corporate official must verify each defendant corporation’s written discovery responses, and each plaintiff must verify his written discovery responses.

A corporate official of defendant corporations shall verify defendant's responses to written discovery. Each plaintiff shall verify his responses to written discovery.

CRITICALCivil cases

Applies to

Pre trial report

The pre-trial report must list all expert reports that have been filed.

c) A listing of all expert reports that have been filed;

CRITICALCivil cases

As a condition of obtaining an expedited-trial order, Plaintiff must place specified reports and pathology in the depository 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) ... 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

Record authorizations

Plaintiff must provide two sets of the listed authorizations, one authorizing the GRD and the other authorizing the identified law firms to collect records.

Plaintiff shall 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 (if Plaintiff claims lost wages). One set will authorize the GRD 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; Hepler Broom, LLC; Gunty & McGarthy; Herzog

CRITICALCivil cases

Applies to

Notice

A proceeding covering all asbestos cases filed by a particular plaintiffs' firm must comply with the stated notice requirements, and its notice must specify “All Asbestos Cases Filed by [Plaintiffs Firm].”

Such proceeding shall comply with the notice requirements set forth above, except that the notice shall specify "All Asbestos Cases Filed by [Plaintiffs Firm]."

CRITICAL

Applies to

Remote appearance request

Must include

proposed order

A remote-appearance request must include a proposed order and comply with the applicable Civil Code, Supreme Court, and local procedural requirements.

The requestor must also submit a proposed order and comply with all procedural requirements provided by the Civil Code, Supreme Court rules and local rules.

CRITICALCivil cases

Applies to

Additional report

The physician must submit reports and readouts for all testing relied on in the report, and those tests must comply with the specified 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.

CRITICAL

Applies to

Accepted electronic document

Each accepted document must receive a Clerk-applied electronic file stamp containing the official filing date and the word “FILED,” merged into the document and visible in print and online.

Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp. The file stamp will be applied by the deputy clerk accepting the filing and shall include the name of the official date of filing and contain the word “FILED”. This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line.

CRITICAL

Applies to

Original signed document

The original signed document filed electronically under Rule 9 must be maintained and preserved as Rule 6 requires.

The original signed document that has been electronically filed pursuant to this Rule 9 shall be maintained and preserved as required by Rule 6 Maintenance of Original Documents.

CRITICALCivil cases

Applies to

Release

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.

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

Applies to

Written discovery answers

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.

CRITICALCriminal cases

Applies to

Motion to continue

Must include

proposed order

A motion to continue submitted by email under this procedure must include a proposed order.

- 2. Email to the Court at pbalfeld@co.madison.il.us and to the State's Attorney at sbtwilliams@co.madison.il.us a Motion to Continue and proposed Order and the Court will cause the motion to be filed and the order entered.

CRITICALCivil cases

Applies to

Mediation summary

Each side must present the mediator a written case summary at least 10 days before the conference, including the issues and facts being mediated and participant names before the session; additional listed information may be included, and counsel should advise the mediator in writing if seeking confidentiality.

At least ten (10) days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time this summary is filed. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

CRITICALCivil cases

Applies to

Complaint

The complaint must state the disease claimed, diagnosis date, residence, and sufficiently specific facts about the disease and asbestos exposures to inform each defendant of the claims against it.

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

Amended contribution claim

A settling defendant who 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 who 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.

CRITICAL

Applies to

Remote appearance request

A remote-appearance request must state the reasons for the request.

The request must be in writing and state the reasons for the request.

CRITICALCivil cases

Applies to

Voucher

After each day's arbitration hearings, arbitrators must file a voucher with the Administrative Assistant for Arbitration for payment processing.

(f) Upon completion of each day's arbitration hearings, arbitrators shall file a voucher with the Administrative Assistant for Arbitration for submission to the Administrative Office of the Illinois Courts for payment of the prescribed compensation.

CRITICALCivil cases

Applies to

Deposition use objection

A party objecting to the use of a deposition must file a statement setting out its grounds within 10 days after receiving the listing, unless the statement was previously provided in a master pleading.

Any party objecting to use of the deposition shall file a statement (if not previously provided in a master pleading) setting forth grounds within ten (10) days of receipt of such listing.

CRITICALCivil cases

Applies to

Settlement negotiation status report

When the mediator is not the Presiding Asbestos Judge, the mediator must report the settlement-negotiation status to the Presiding Judge by 4:00 p.m. on the first day of trial.

In those circumstances where the mediator is not the Presiding Asbestos Judge, the mediator shall report to the Presiding Judge the status of the settlement negotiations by 4:00 p.m. of the first day of trial.

CRITICALCivil cases

Applies to

Supplemental or amended expert witness disclosure

A supplemental or amended expert disclosure must identify newly added experts and new information about previously listed experts.

Any party who serves Supplemental or Amended Expert Witness Disclosure shall indicate in bold type, highlighting, underlining or otherwise specify any newly added expert witnesses or information about which previously listed expert witnesses will testify.

CRITICALCivil cases

Applies to

Case specific expert testimony

An expert may not give case-specific testimony at trial unless timely disclosed as a case-specific witness, timely tendered for deposition, and supported by a timely provided 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

Registry removal request

A request for removal from the Asbestos Registry must state the specific reasons for removal and identify the criteria satisfied.

5. The reasons for this request are as follows (here state the specific reasons for removal, specifying which criteria have been satisfied):

CRITICALCivil cases

Applies to

Proposed calendar

Each Plaintiff’s firm must file and serve a proposed calendar of pending cases within 14 days after the trial schedule issues and notice it 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

Complaint for contribution

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

Defendant written discovery responses

A corporate official or agent of a defendant corporation must verify the defendant's written discovery responses.

A corporate official or agent of defendant corporations shall verify a defendant's responses to written discovery.

CRITICALCivil cases

Applies to

Notice

Notice of a proceeding covering cases filed by a particular plaintiffs’ firm must specify “All Asbestos Cases Filed by [plaintiff firm].”

Such proceeding shall comply with the notice requirements set forth above, except that the notice shall specify "All Asbestos Cases Filed by [plaintiff firm]."

CRITICAL

Applies to

Vendor confirmation

The Vendor must issue the Subscriber a confirmation stating the receipt date and time and serving as proof of submission to the Clerk.

Upon receipt by the Vendor, and submission of an electronic document to the Clerk, the Vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt, and serve as proof that the document has been submitted to the Clerk.

CRITICALCivil cases

Applies to

Medicare confidential reporting information form

Through December 31, 2010, Field 57 is required if either the Field 15 alleged-cause code or the Field 19 diagnosis code is not provided.

***FIELD 57 IS REQUIRED THROUGH 12/31/10 IF NO ALLEGED CAUSE OF INJURY, INCIDENT OR ILLNESS CODE (FIELD 15) OR NO ICD-9 DIAGNOSTIC CODE 1 (FIELD 19) IS PROVIDED.

CRITICALCivil cases

Applies to

Master pleading

Defendants' master pleadings must have a distinct title and identify the defendant party that filed them.

Defendants' master pleadings shall have a distinct title and identify the defendant-party filing it.

CRITICALCivil cases

Applies to

Objection statement

A party objecting to use of a deposition must file a statement setting forth the grounds, unless those grounds were previously provided in a master pleading.

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

CRITICALCriminal cases

Applies to

Motion to continue

Must include

proposed order

A motion to continue filed with the Circuit Clerk must include a proposed order.

- 1. File a timely Motion to Continue with proposed Order with the Circuit Clerk.

CRITICALCivil cases

Applies to

Medicare mandatory reporting information form

The form specifies alternative required information for claims submitted before 1/7/11 and requires both a valid cause code and at least one valid ICD-9 diagnostic code for claims submitted on or after 1/1/11; an illness/injury description is not accepted for those later claims.

Claims submitted prior to 1/7/11, Claimant must provide either: 1) both a valid Alleged Cause of Injury, Incident or Illness Code (Field 19) and at least one valid ICD-9 Diagnostic Code (Field 19) OR 2) the Description of Illness/Injury (Field 57). Claims submitted on or after 1/1/11, Claimant must provide both a valid Alleged Cause of Injury, Incident, or Illness Code (Field 15) and at least one valid ICD-9 Diagnostic Code. A description of Illness/Injury (Field 57) will not be accepted as or after 1/1/11.

CRITICAL

Applies to

Electronically filed document

Each e-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

Applies to

Medicare mandatory reporting information form

If TPOC funding is delayed, provide its actual or estimated funding date.

If funding for the TPOC is delayed, provide actual or estimated date of funding.

CRITICALCivil cases

Applies to

Trial setting

A trial setting will not be given before Forms A-1 and A-2 are properly completed and deposited.

No trial setting will be given prior to such proper completion and deposit of these Forms.

CRITICAL

Applies to

Document

Attorneys must include their Illinois ARDC number or Madison County Pro Hac Vice code on all documents.

Attorneys shall include their Illinois ARDC number or Madison County Pro Hac Vice code on all documents.

CRITICALCivil cases

Applies to

Mediator report

The mediator must prepare a report and submit it to the court within 10 days after the last day of the mediation conference.

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

Mediation selection submittal form

Within 7 days of the entry of this order, the parties may stipulate to mediation by a judicial mediator or by an alternative, compensated mediator from the list maintained by the court and file a Mediation Selection Submittal Form with the court.

Within 7 days of the entry of this order, the parties may stipulate to mediation by a judicial mediator or by an alternative, compensated mediator from the list maintained by the court and file a Mediation Selection Submittal Form with the court.

CRITICALCivil cases

Applies to

Mediation report

If mediation ends without agreement or is terminated, the mediator must report that outcome to the court.

H) If the parties do not reach an agreement as to any matter as a result of mediation, or the mediation is terminated, the mediator shall report the lack of an agreement or termination to the court.

CRITICALCivil cases

Applies to

Complaint

If the complaint alleges exposure connected to specific premises, it must state each premises’ name and location and the exposure period, if known.

If Plaintiff sets forth claims relating to exposure at, from or connected to specific premises, such claims shall include the following facts: (a) Name and location (including city and state), if known, of each of such premises; and (b) Time period(s), if known, during which exposure relating to each premises occurred.

CRITICALCivil cases

Applies to

Form b

The attorney’s signature certifies that the attorney read the form and that its information is well grounded in fact after reasonable inquiry.

(The signature of the attorney hereto constitutes a certificate by him/her that he/she has read the information supplied in this Form and that all information stated therein is well grounded in fact to the best of his/her knowledge, information and belief formed after reasonable inquiry.)

CRITICALCivil cases

Applies to

Contribution complaint

The contribution complaint filed under this deadline must separately identify the defendants against whom the action is brought.

For defendants which have had judgments entered against them and all further appellate remedies are barred or exhausted as of the date of entering this order and 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

Site witness disclosure

Any master or case-specific site witness disclosure must identify each site witness by name, address, and work site; filing a master disclosure is optional.

Plaintiff may file a Master Site Witness Disclosure, but all master and case-specific site witness disclosures shall include the name, address, and work site for each site witness.

CRITICALCivil cases

Applies to

Site witness disclosure

Plaintiff may file a Master Site Witness Disclosure, but all master and case-specific site witness disclosures must identify each site witness by name, address, and work site.

Plaintiff may file a Master Site Witness Disclosure, but all master and case-specific site witness disclosures shall include the name, address, and work site for each site witness.

CRITICALCivil cases

Applies to

Pleading relating to general issues

Pleadings about general issues that are not unique to an individual claim must be filed in the master Registry file.

Parties filing pleadings relating to general issues which are not unique to an individual claim shall be filed in "ALL CLAIMS ON THE ASBESTOS DEFERRED REGISTRY."

CRITICALCivil cases

Applies to

Mediator selection notice

Within 14 days of the entry of this order, the parties may choose a certified mediator and so advise the court in writing.

Within 14 days of the entry of this order, the parties may choose a certified mediator and so advise the court in writing.

CRITICALCivil cases

Applies to

Pre trial report

Pretrial reports must certify which set cases are trial-ready and include each case's name and number.

also file pre-trial reports with the Court certifying which case(s) set on that docket are "trial-ready". The pre-trial reports shall include the following information: a) Case name and number;