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

CRITICALCivil cases

The mediator must file the report with the trial court upon conclusion of the mediation.

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.

CRITICALCivil cases

Each plaintiff firm must submit its request for the following year's trial dates on or before March 10.

On or before March 10 of each year, each Plaintiff's firm shall submit a request for trial dates for the following year and serve the same on all defense counsel of record—The request need not specify cases to be set.

CRITICALCivil cases

Defendants whose appellate remedies were barred or exhausted when the order was entered must file a contribution complaint with the Circuit Clerk within 30 days after entry of the order, identifying the defendants separately.

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

Notwithstanding other time limits, a motion for substitution of judge as a matter of right is timely if filed within 15 days after the party receives notice of the assignment.

Notwithstanding any time limitation set forth herein, a party's motion for substitution of judge as a matter of right is timely if filed within fifteen (15) days of notice to that party of the assignment in question.

CRITICALCivil cases

A defendant contesting a deemed counterclaim must file a motion to dismiss with the Circuit Clerk within 60 days after appearing; filing the motion abandons specified deemed pleadings and defenses, and missing the deadline waives the argument.

(d) Any defendant that contests the sufficiency and operation of deemed counterclaims as provided in Section B.2(a) shall file a Motion to Dismiss the deemed counterclaim with the Circuit Clerk's office within 60 days of entering its appearance in the case. Any defendant that files a Motion to Dismiss pursuant to this paragraph shall be deemed to abandon any counterclaims, responsive pleadings and affirmative defenses deemed filed as provided in Section B.2 (a). 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.

CRITICAL

Deadline

5 business days

Upon reasonable notice, the filing party must provide a requested hard copy of an electronically filed document within five business days.

At anytime, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document, which shall be provided within five (5) business days upon reasonable notice.

CRITICALCivil cases

The parties must submit their mediator selection within seven days of the Order of Referral to Mediation.

The court having entered an Order of Referral to Mediation in the above action which requires parties to submit their selection of mediator within seven (7) days of said order

CRITICALCivil cases

A settling defendant/counterplaintiff seeking to maintain a contribution action must file a complaint within 30 days after the good-faith settlement finding or the deemed contribution counterclaim will be abandoned and dismissed on day 31.

(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. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file such a complaint for contribution shall be an abandonment of the "deemed" counterclaim for contribution, and the contribution claim shall be deemed to be dismissed without prejudice for want of prosecution without further order of Court on the 31st day after a good faith finding is made by the Court.

CRITICALCivil cases

A defendant has 10 days after receiving an order of dismissal to object to voluntary dismissal without prejudice; failure to object is presumed to be agreement.

Upon receipt of an order of dismissal, a defendant has ten (10) days to object to being voluntarily dismissed without prejudice. A defendant who does not object within ten (10) days is presumed to have agreed to be voluntarily dismissed without prejudice.

CRITICALCivil cases

Defendants' expert depositions, defendants' expert reports, and all discovery must be completed or due 30 days before trial.

30 days before trial: - (a) Defendants' expert depositions to be completed; - (b) Defendants' expert reports due; - (c) All discovery to be completed.

CRITICALCivil cases

Defendants must disclose expert witnesses 60 days before trial.

60 days before trial: Defendants to disclose expert witnesses;

CRITICALCivil cases

Supplemental deposition designations, exhibit lists, and pretrial motions are due on the first day of trial or as soon as practical afterward.

All supplemental deposition designations, exhibit lists and pre-trial motions are due on the first day of trial or as soon as practical thereafter.

CRITICALCivil cases

A defendant contesting the sufficiency or operation of a deemed counterclaim must file a motion to dismiss within 60 days of entering an appearance; filing it abandons specified deemed pleadings and defenses, and missing the deadline waives the argument.

Any defendant that contests the sufficiency and operation of deemed counterclaims as provided in Section B.2(a) shall file a Motion to Dismiss the deemed counterclaim with the Circuit Clerk’s office within 60 days of entering its appearance in the case. Any defendant that files a Motion to Dismiss pursuant to this paragraph shall be deemed to abandon any counterclaims, responsive pleadings and affirmative defenses deemed filed as provided in Section B.2 (a). 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

If the assignment is made within 90 days before trial, a motion for change of judge as of right from a trial judge 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

Supplemental deposition designations, exhibit lists, and pretrial motions must be filed on the first day of trial or as soon as practical afterward.

All supplemental deposition designations, exhibit lists and pre-trial motions shall be filed on the first day of trial or as soon as practical thereafter.

CRITICALCivil cases

An objecting Defendant may file an objection submission with Claimant’s counsel and the Clerk within 30 days after the Request for Removal is filed; the submission is limited to one page per Claimant.

Within thirty (30) days of a Claimant's filing of a Request for Removal, any objecting Defendant may file with Claimant's counsel and the Clerk of the Court a submission which states in no more than one page per Claimant, any objections Defendant has concerning whether each Claimant alleged by Claimant's counsel to be eligible for removal from the Registry meets the criteria established herein for removal.

CRITICALCivil cases

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 any supporting memorandum at least ten days before the hearing.

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

A defendant with a basis for contribution must file the complaint within 30 days after appellate remedies are barred or exhausted; failure to do so results in deemed dismissal on the 31st day.

Defendants who have had judgments rendered against them in the plaintiffs' case and who have a basis to maintain an action for contribution must file with the Circuit Clerk a complaint for contribution within 30 days after all appellate remedies are either barred or exhausted. The Complaint for contribution shall identify separately the defendants against which the action is brought. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file a complaint for contribution in this manner shall be an abandonment of the "deemed" counterclaim for contribution, and the contribution claim shall be deemed to be dismissed without prejudice for want of prosecution on the 31st day after all appellate remedies are either barred or exhausted without further order of Court.

CRITICALCivil cases

The proposed calendar must be filed within 14 days after the trial schedule issues.

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

For review of a non-plaintiff deponent’s discovery deposition, defendants must file and serve a motion for additional time within seven days of the deposition and notice it for the next available hearing date, unless the plaintiff agrees to a later date.

To obtain review regarding the discovery deposition of a deponent who is not a plaintiff, defendant(s) must file and serve a motion for additional time within seven (7) days of the date of the deposition and notice the same for a hearing on the next available hearing date, unless plaintiff agrees to a later date.

CRITICALCivil cases

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.

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.

CRITICALCivil cases

Each Plaintiff’s firm must submit its request for the following year’s trial dates on or before March 10.

On or before March 10 of each year, each Plaintiff’s firm shall submit a request for trial dates for the following year

CRITICALCivil cases

A settling defendant relying on a deemed counterclaim must file a contribution complaint within 30 days of the good-faith settlement finding or the contribution claim is automatically dismissed without prejudice on day 31.

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. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file such a complaint for contribution shall be an abandonment of the ―deemed‖ counterclaim for contribution, and the contribution claim shall be deemed to be dismissed without prejudice for want of prosecution without further order of Court on the 31st day after a good faith finding is made by the Court.

CRITICALCivil cases

No Later Than 240 days before Trial:

No Later Than 240 days before Trial:

CRITICALCivil cases

The trial-setting order must issue at least 300 days before the earliest trial date it sets.

The order setting cases for trial shall issue at least 300 days prior to the earliest trial date set by the order.

CRITICALCivil cases

A party satisfies Illinois Supreme Court Rule 187(a) by raising forum non conveniens in a motion or pleading within 90 days after the last day allowed for that party's answer.

(i) Raising the issue of forum non conveniens in any motion or pleading within 90 days after the last day allowed for the filing of that party's answer shall satisfy the requirements of Illinois Supreme Court Rule 187(a), as to the party filing said motion or pleading.

CRITICALCivil cases

The moving party must notice the motion for hearing 40 to 60 days before trial.

(ii) said motion shall be noticed for hearing by the moving party, not more than sixty (60) days and not less than forty (40) days before trial.

CRITICALCivil cases

75 days before trial: (a) Depositions of all known fact, exposure or site witnesses to be completed; (b) Plaintiff's expert depositions to be completed.

75 days before trial: (a) Depositions of all known fact, exposure or site witnesses to be completed; (b) Plaintiff's expert depositions to be completed.

CRITICALCivil cases

Unless otherwise agreed or ordered, parties must notify all counsel of the next trial day's witnesses by 5:00 the preceding day, or by noon Saturday for a Monday trial day.

Unless otherwise agreed or ordered, all parties shall notify all counsel of the witnesses they will call during the following trial day by 5:00 the day preceding or if for Monday by Saturday at noon.

CRITICALCivil cases

A settling defendant that previously filed a counterclaim must seek leave to amend its contribution claim by the 30th day after the good-faith finding or the claim will be dismissed without prejudice on day 31.

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. Failure to do so will result in a dismissal without prejudice for want of prosecution without further order of court on the 31st day after a good faith finding is made by the court.

CRITICALCivil cases

Any party may file a motion to defer mediation within 14 days after the referral order.

Within fourteen (14) days of the Order of Referral, any party may file a motion with the Court to defer the mediation.

CRITICALCivil cases

An objecting party must file its statement of grounds within 10 days after receiving the listing, unless it 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

A defendant filing a new response after the specified notice must serve or file it within 30 days after service of that notice.

If defendant is filing a new response, the response shall be due 30 days after service of the above mentioned notice.

CRITICALCivil cases

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. No trial setting will be given prior to such proper completion and deposit of this Form 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. No trial setting will be given prior to such proper completion and deposit of this Form in the CRD.

CRITICALCivil cases

Pre-trial motions must be filed no later than the first day of trial of the particular case.

Pre-Trial motions shall be filed/served no later than the first day of trial of a particular case;

CRITICALCivil cases

A defendant/counterplaintiff must file a contribution complaint within 30 days after the specified order; failure to do so abandons the action, which is deemed dismissed without prejudice on the 31st day.

To maintain a contribution action against a defendant/counterdefendant that has been granted summary judgment or has been dismissed with prejudice, a defendant/counterplaintiff must file with the Circuit Clerk within 30 days after the order granting summary judgment or dismissal with prejudice a complaint for contribution, identifying separately the defendants against which the action is brought. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file a complaint for contribution with the Circuit Clerk within this time shall constitute an abandonment of the contribution action and the contribution action shall be deemed to be dismissed without prejudice on the 31st day following the order of summary judgment for want of prosecution without further order of Court.

CRITICALCivil cases

Defense counsel must ensure that plaintiff-provided imaging and pathology materials are returned to the CRD within 90 days of receipt, except for material lost through destructive testing.

Defense counsel shall be responsible for seeing that the x-rays, CT Scans, MRI's, tissue blocks, slides and other pathology provided by the plaintiff are returned to the CRD within ninety (90) days from receipt, except for material lost through destructive testing.

CRITICALCivil cases

Dispositive motions must be served and noticed at least ten days before the hearing, without exception.

All dispositive motions shall be served and noticed at least ten (10) days in advance of hearing, without exception.

CRITICALCivil cases

To maintain a contribution action after a voluntary dismissal or dismissal without prejudice, a defendant/counterplaintiff must file within 30 days; failure results in dismissal on day 31, but a contribution claim filed before the dismissal is unaffected.

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 the voluntary dismissal or dismissal without prejudice a complaint for contribution with the Circuit Clerk, identifying separately the defendants against which the action is brought. This contribution action shall be considered as a continuation of the counterclaim that was deemed to have been filed. Failure to file a complaint for contribution with the Circuit Clerk within this time shall constitute an abandonment of the contribution action and the contribution action shall be deemed to be dismissed without prejudice on the 31st day following the voluntary dismissal or dismissal without prejudice for want of prosecution without further order of Court. A dismissal without prejudice or plaintiff's voluntary dismissal shall not affect a claim for contribution which was filed with the Circuit Clerk by a defendant/counterplaintiff prior to dismissal without prejudice or the voluntary dismissal by the plaintiff.

CRITICALCivil cases

Except when the assignment is made within 90 days before the trial setting, the moving party must notice the motion for hearing 40 to 60 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, (ii) said motion shall be noticed for hearing by the moving party, not more than sixty (60) days and not less than forty (40) days before trial.

CRITICALCivil cases

The motion must be noticed for hearing within seven days after it is filed.

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

CRITICALCivil cases

A party satisfies Illinois Supreme Court Rule 187(a) by raising forum non conveniens in its motion or pleading within 90 days after the last day allowed for that party’s answer.

Raising the issue of forum non conveniens in any motion or pleading within 90 days after the last day allowed for the filing of that party’s answer shall satisfy the requirements of Illinois Supreme Court Rule 187(a), as to the party filing said motion or pleading.

CRITICALCivil cases

To maintain a contribution action against a defendant/counterdefendant granted summary judgment or dismissed with prejudice, a defendant/counterplaintiff must file the specified complaint within 30 days after entry of the order.

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

By July 1 each year, the Administrative Assistant for Arbitration must provide the Circuit Clerk with available arbitration hearing dates for the next calendar year.

On or before the first day of each July, the Administrative Assistant for Arbitration shall provide the Circuit Clerk's office with a schedule of available arbitration hearing dates for the next calendar year.

CRITICALCivil cases

Pre-trial reports must be filed at least 45 days before the first trial date.

The pre-trial reports shall be filed and served not less than forty five (45) days from the first date of trial and a list of priority cases shall be filed and served not less than thirty (30) days from the first day of trial.

CRITICALCivil cases

The mediator must prepare the prescribed report within ten days after the last mediation session ends, and reports are filed with the circuit clerk.

The mediator shall prepare a report on the prescribed form within ten days of the termination of the last mediation session and cooperate with any requirements for mediators. These reports will be filed with the circuit clerk.

CRITICALCivil cases

Failure to file a complaint for contribution with the Circuit Clerk within this time shall constitute an abandonment of the contribution action and the contribution action shall be deemed to be dismissed without prejudice on the 31st day following the voluntary dismissal or dismissal without prejudice for want of prosecution without further order of Court.

Failure to file a complaint for contribution with the Circuit Clerk within this time shall constitute an abandonment of the contribution action and the contribution action shall be deemed to be dismissed without prejudice on the 31st day following the voluntary dismissal or dismissal without prejudice for want of prosecution without further order of Court.

CRITICALCivil cases

The movant must set the motion to defer for hearing before the scheduled mediation date.

The movant shall set the motion to defer the mediation proceeding prior to the scheduled date for mediation.

CRITICALCivil cases

A defendant with a good-faith finding pursuant to settlement who wishes to pursue contribution must file a complaint with the Circuit Clerk within 30 days after entry of the order, identifying the defendants separately.

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

Each plaintiff firm must file a proposed calendar 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.