3rd Judicial Circuit Court, Madison County, Illinois Filing Timing and Cure Windows

CRITICALCivil cases

After learning the amount of a Medicare lien, the plaintiff must deposit a document showing the claimed initial amount in the GRD as soon as practically possible.

As soon as practically possible after first learning the amount of any Medicare lien, plaintiff will deposit in the GRD a document showing the initial amount of the lien as claimed for Medicare benefits.

CRITICAL

An electronically filed document is considered filed upon the Clerk’s review and acceptance and completion of transmission with the Clerk’s electronic filing stamp.

Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.

CRITICALCivil cases

Failing to file the specified Motion to Dismiss constitutes a waiver and bars later assertion of the argument.

Failure to file a Motion to Dismiss as provided in this paragraph shall constitute a waiver and bar against asserting this argument at any other time.

CRITICALCivil cases

Counterclaims for contribution and set off are deemed filed against appearing parties; for later-filed cases, the filing date depends on when the defendant and other co-defendants enter general appearances, while qualifying counterclaims in pending cases remain effective.

(a) A defendant shall be deemed to have filed a counterclaim for contribution and set off sufficient at law against Plaintiff and every other defendant that has filed a general appearance. For those cases pending at the time this Order is entered, all counterclaims deemed filed under this Court's previous Standing Order remain effective. For all cases filed after the entry of this Order, counterclaims shall be deemed to be filed by each Defendant as to all Counterdefendants which have then entered a general appearance in the case as of the date of the Defendant's first general appearance; as to those Co-Defendants which subsequently enter a general appearance in the case, each Defendant which has already entered a general appearance shall be deemed to have filed counterclaims against those Co-Defendants as of the date of each Co-Defendant's first general appearance.

CRITICAL

For the listed transmission, processing, rejection, technical, service-list, or good-cause circumstances, the Court may, upon satisfactory proof, permit a later filing to take effect as of the first attempted filing date.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the Vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) erroneous rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list or (6) for good cause shown, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICALCivil cases

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

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

CRITICALCivil cases

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

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

CRITICAL

The vendor must make a virus-free document available for transmission to the Clerk immediately after successful receipt and virus checking.

The e-filing vendor is required to make each electronically filed document that is not infected by a virus available for transmission to the Clerk immediately after successful receipt and virus checking of the document.

CRITICAL

The date on the official e-filing court stamp is the order’s date of entry.

The date of the official e- filing court stamp shall constitute the date of entry of the order.

CRITICAL

Upon satisfactory proof, the Court may permit a filing that failed for a listed reason to be filed effective as of the date it was first attempted.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the Vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) erroneous rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list or (6) for good cause shown, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICAL

The e-filing vendor must make a document free of viruses available to the Clerk immediately after successful receipt and virus checking.

The e-filing vendor is required to make each electronically filed document that is not infected by a virus available for transmission to the Clerk immediately after successful receipt and virus checking of the document.

CRITICALCivil cases

A corrected pleading refiled within seven days of the original filing relates back to the filing date of the rejected pleading.

If a corrected pleading is refiled within seven days of original filing, the corrected pleading shall relate back to the filing date of the pleading which the Clerk's office rejected as defective.

CRITICAL

Unless rejected, an electronic document submitted while the Clerk’s Office is closed is file-stamped at the next period when the office is open to receive conventional filings.

Any document submitted electronically to the Clerk's Office on a day or at a time when the Clerk's Office is not open for business shall, unless rejected by the Clerk, be file stamped as filed at the next period for which the Clerk's Office is open to receive conventional filings.

CRITICAL

An electronically filed document is considered filed upon review and acceptance, with transmission completed by the Clerk’s electronic filing stamp.

Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.

CRITICALCivil cases

When no court order authorizing a sealed filing has been entered, the Clerk will not accept it until the party obtains leave of court by motion.

If a party proposes to make a filing under seal and no order of court authorizing same has been entered, the Clerk will not accept the pleading, document or exhibit until leave of court pursuant to motion is first obtained.

CRITICALCivil cases

The hearing on the expedited-trial motion may not be noticed earlier than 30 days after service of the complaint.

The hearing may not be noticed sooner than thirty (30) days from the date of service of the complaint.

CRITICAL

Pleadings received before midnight on an open courthouse day are deemed filed that day; filings on a day the courthouse is closed are deemed filed the next business day unless rejected.

Pleadings received by the clerk before midnight on a day the courthouse is open shall be deemed filed that day. If filed on a day the courthouse is not open for business, the document will be deemed filed the next business day unless otherwise rejected by the Clerk.

CRITICALCivil cases

As soon as practically possible after first learning the amount of any Medicare lien, plaintiff will deposit with the DMD a document showing the initial amount of the lien as claimed for Medicare benefits.

As soon as practically possible after first learning the amount of any Medicare lien, plaintiff will deposit with the DMD a document showing the initial amount of the lien as claimed for Medicare benefits.

WARNINGCivil cases

A defendant who received proper notice of registry placement may assert objections to removal after the complaint is filed and served.

A Defendant who has received proper notice of placement of a claim on the Registry may assert any objections it may have had to removal from the Registry after the complaint has been filed and served.

WARNINGCivil cases

A Request for Removal may be filed in conjunction with a lawsuit alleging a disease that meets the minimum removal criteria.

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.

WARNINGCivil cases

If the Clerk rejects a defective pleading, the Clerk will file-stamp and mark it “Defective Pleading” and return it without filing it in the Court file.

If the Clerk's office rejects a pleading as being defective, the Clerk's office will file-stamp the defective pleading and mark the pleading "Defective Pleading" and return the defective pleading to the submitting party without filing the pleading in the Court file.

WARNINGCivil cases

For the specified pending cases, counterclaims against a co-defendant who appears after the Order are treated as filed on that co-defendant’s first appearance, but claims already barred by the statute of limitations are not revived.

Also, for those cases pending at the time this Order is entered, counterclaims by Defendants which had entered a general appearance prior to the date this Order is entered against Co-Defendants which enter a general appearance after the date this Order is entered shall be considered to be filed as of the date of said Co-Defendant's first general appearance (after the date of this Order) for all purposes, including, but not limited to, statute of limitations, 735 ILCS 5/13-204 and any other applicable statute. Provided, however, that counterclaims otherwise barred by the statute of limitations as of the date of this Order shall not be hereby revived.

WARNINGCivil cases

Parties are encouraged to raise any challenges to the Standing Order well before trial.

Parties should attempt to assert any challenges they might have to this Standing Order well in advance of trial.

WARNINGCivil cases

those counterclaims actually previously filed, shall be considered to be filed as of the date this Order is entered for all purposes, including, but not limited to statute of limitations, 735 ILCS 5/3-204 and any other applicable statute. Provided, however, that counterclaims otherwise barred by the statute of limitations as of the date of this Order shall not be hereby revived.

those counterclaims actually previously filed, shall be considered to be filed as of the date this Order is entered for all purposes, including, but not limited to statute of limitations, 735 ILCS 5/3-204 and any other applicable statute. Provided, however, that counterclaims otherwise barred by the statute of limitations as of the date of this Order shall not be hereby revived.

WARNING

The Vendor will notify the Subscriber if a document is not accepted, and the Subscriber may have to refile it to satisfy filing requirements.

A subscriber will receive notification from the Vendor if a document is not accepted by the Clerk’s office. In that event, the Subscriber may be required to re-file the document to meet necessary filing requirements.

INFOCivil cases

A plaintiff may file a Request for Removal with the complaint or at any time afterward.

A plaintiff may file a Request for Removal at the time of filing of the complaint or anytime thereafter.

INFOCivil cases

A claimant may amend the Complaint after the claim has been placed on the Registry.

A claimant may amend the Complaint after the claim is placed on the Registry.

INFOCivil cases

For cases filed after the Order, counterclaims are treated as filed on the defendant’s first appearance as to co-defendants already appearing, and on each later-appearing co-defendant’s first appearance as to that co-defendant.

For all cases filed after the entry of this Order, counterclaims shall be deemed to be filed by each Defendant as to all Counter-Defendants which have then entered a general appearance in the case as of the date of the Defendant's first general appearance; as to those Co-Defendants which subsequently enter a general appearance in the case, each Defendant which has already entered a general appearance shall be deemed to have filed counterclaims against those Co-Defendants as of the date of each Co-Defendant's first general appearance.

INFOCivil cases

A party may petition for a settlement conference after 1:00 p.m. on the first scheduled day of the trial week.

After 1:00 p.m. of the first scheduled day of the trial week, any party may petition the court for a settlement conference in any asbestos injury case filed in Madison County, Illinois.

INFOCivil cases

In a Madison County asbestos injury case, any party may petition for a settlement conference after 1:00 p.m. on the first scheduled day of the trial week.

After 1:00 p.m. of the first scheduled day of the trial week, any party may petition the court for a settlement conference in any asbestos injury case filed in Madison County, Illinois:

INFOCivil cases

A plaintiff may file a Request for Removal with the complaint or at any time afterward.

A plaintiff may file a Request for Removal at the time of filing of the complaint or anytime thereafter.

INFOCivil cases

In cases pending when the Order is entered, counterclaims filed before that date are treated as filed on their actual filing date.

Additionally, for those cases pending at the time this Order is entered, counterclaims actually filed prior to the date of this Order shall be considered to be filed as of the date of their filing for all purposes, including statute of limitations.

INFOCivil cases

A claimant may amend the Complaint after the claim has been placed on the Registry.

A claimant may amend the Complaint after the claim is placed on the Registry.

INFOCivil cases

A defendant served with the specified counterclaim pleadings is deemed to have timely filed a responsive pleading, and may file an additional response without abandoning the deemed-filed claims or defenses.

(e) A defendant which is served with a Counterclaim, a Motion to Dismiss Counterclaim or Affirmative Defenses to Counterclaims shall be deemed to have timely filed an appropriate responsive pleading denying all material allegations of such a pleading. A party which receives such a pleading may elect to file an appropriate response with the Circuit Clerk and filing such a response shall not constitute an abandonment of any counterclaims, responsive pleadings and affirmative defenses deemed filed as provided in Section B.2.a.

INFOCivil cases

Available affirmative defenses to the counterclaims are deemed filed.

affirmative defenses to counterclaims are deemed filed

CRITICALCivil cases

The Form A-1 and Form A-2 must be deposited no later than the date plaintiff deposits interrogatory answers 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

Qualifying defendants seeking to maintain a contribution action must file a complaint with the Circuit Clerk within 30 days after entry of the order.

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

When the assignment is made within 90 days before trial, the motion must be noticed for hearing within seven days of filing.

The motion shall be noticed for a hearing within seven (7) days of filing the motion.

CRITICALCivil cases

A party must object to the foundation of noticed plaintiff-specific records within 14 days of receiving notice; otherwise, foundation objections are waived and the court will deem the business-records foundation laid and authenticity established.

Upon receipt of records, the DMD will notify all parties of receipt of the records. If a party does not object to the foundation of any plaintiff specific records (such as plaintiff's medical, employment, social security, workers' compensation, union, military and tax records) for which it has received notice, within fourteen days of receiving such notice, foundation objections are waived and the court shall deem a business records foundation laid and authenticity established.

CRITICALCivil cases

For a case with a trial setting before June 30 where interrogatory answers are already in the CRD, plaintiff must complete and deposit Forms A-1 and A-2 within 30 days of the order or seven days before trial, whichever is earlier.

For all cases in which plaintiff has already deposited answers to interrogatories in the CRD and has a trial setting prior to June 30, plaintiff will within 30 days from the date of this Order or 7 days before trial, whichever is earlier, complete and deposit the Form A-1 and Form A-2 in the CRD.

CRITICALCivil cases

If the assignment is made within 90 days before trial, the motion must be filed within 15 days after the party receives notice of the assignment.

Where the assignment in question is made within ninety (90) days before trial, a motion for change of judge as of right from a trial judge shall be filed within 15 days of a party’s receipt of notice of the assignment.

CRITICALCivil cases

After receiving notice of records, a party must object to their foundation within 14 days or foundation objections are waived and business-records foundation and authenticity are deemed established; other admissibility objections are unaffected.

Upon receipt of records, CRD shall notify all parties of receipt of records. If a party does not object to the foundation of any plaintiff specific records (such as plaintiff’s medical, employment, social security, workers’ compensation, union, military and tax records) for which it has received notice within fourteen (14) days, foundation objections are waived and the court shall deem a business records foundation laid and authenticity established. Any other objections a party may have to the admissibility of records are not affected by this provision.

CRITICALCivil cases

For cases with a trial setting before June 30 and interrogatory answers already deposited, plaintiff must deposit Forms A-1 and A-2 within 30 days of the Order or seven days before trial, whichever is earlier; paragraph (b) is subject to Illinois Supreme Court Rule 201(k).

For all cases in which plaintiff has already deposited answers to interrogatories in the CRD and has a trial setting prior to June 30, plaintiff will within 30 days from the date of this Order or 7 days before trial, whichever is earlier, complete and deposit the Form A-1 and Form A-2 in the CRD. For all other cases in which plaintiff has already deposited answers to interrogatories in the CRD and has a trial setting, plaintiff will within 90 days from the date of this Order complete and deposit the Form A-1 and Form A-2 in the CRD. This paragraph (b) is subject to Illinois Supreme Court Rule 201(k).

CRITICALCivil cases

Except when the assignment is made within 90 days before the trial setting, a motion for change of judge as of right from a trial judge must be filed no later than 90 days before trial.

Except where the assignment in question is made within ninety (90) days prior to the trial setting: (i) a motion for change of judge as of right from a trial judge shall be filed no later than 90 days prior to trial; and,

CRITICALCivil cases

Defendants must file an answer or appearance with the Clerk within 30 days after service, excluding the day of service.

YOU ARE SUMMONED and required to file an answer in this case, or otherwise file your appearance in the Office of the Clerk of this Court, Mark Von Nida Clerk of the Court 155 North Main Street Edwardsville, Illinois 62025 within 30 days after service of this summons, not counting the day of service.

CRITICALCivil cases

A party seeking costs may do so within 10 days after receiving the dismissal order.

Any party seeking costs shall have a right to do so within ten (10) days of receipt of the order of dismissal.