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

CRITICALCivil cases

Motions for lack of jurisdiction must be filed within the time prescribed by the Illinois Supreme Court Rules and Code of Civil Procedure.

Motions for lack of jurisdiction shall be filed within the time prescribed by the Illinois Supreme Court Rules and Code of Civil Procedure.

CRITICALCivil cases

Answers are not due and defaults are not permitted until the case is removed from the Registry under Paragraph E.

No answers are due or defaults permitted until such time as the case is removed from the Registry pursuant to Paragraph E below.

CRITICALCivil cases

The mediator must submit the report 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

The moving party must file the particularized forum non conveniens motion and any supporting memorandum at least ten days before the matter is heard.

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

The parties may choose a certified mediator and notify the court within 14 days after entry of the order.

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

Except when the assignment is made within 90 days before the trial setting, the moving party must notice the hearing between 60 and 40 days before trial.

Except where the assignment in question is made within ninety (90) days prior to the trial setting: (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

If plaintiff's counsel anticipates additional hearing time, the Administrative Assistant for Arbitration must be advised of the amount needed at least 14 days before the hearing.

It shall be the responsibility of counsel for the plaintiff to confer with counsel for all other parties to obtain an approximation of the length of time required for presentation of the case and advise the Administrative Assistant for Arbitration at least 14 days in advance of the hearing date in the event additional hearing time is anticipated and the length of such additional time.

CRITICALCivil cases

If the court grants dismissal without prejudice for a noncompliant Certificate of Merit in a covered case, the plaintiff has 45 days to file an amended certificate.

For all healing arts malpractice causes accruing prior to August 25, 2005, it shall be the rule of this court that, if the court grants a Motion to Dismiss without prejudice in any such case, due to a Certificate of Merit’s lack of compliance with 735 ILCS 5/2-622, the plaintiff shall have 45 days to file an amended certificate to conform to the law.

CRITICALCivil cases

All motions must be noticed at least seven (7) days in advance, except in extraordinary circumstances, where at least 48 hours advanced notice is required.

All motions must be noticed at least seven (7) days in advance, except in extraordinary circumstances, where at least 48 hours advanced notice is required.

CRITICALCivil cases

Forum non conveniens motions must be filed within 30 days after the moving party receives information providing the basis, but Complaint information does not trigger the deadline and earlier filing is permitted; the 90-day-after-answer-due requirement is waived.

All motions asserting forum non conveniens shall be filed no later than (30) days after the moving party(ies) receive the information providing the basis for the motion. Provided information contained in the Complaint shall not trigger the time limitations set forth herein; although nothing herein shall restrict a party's right to file such a motion based upon information contained in the Complaint. In accordance with the Stipulation appended hereto, the requirement, that such motions be filed within 90 days of the date upon which a defendant's answer is due, is hereby waived, and the time requirement set forth herein shall apply. Provided nothing herein shall restrict a party's right to file such a motion sooner than the deadlines set forth in this paragraph.

CRITICALCivil cases

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

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

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

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

CRITICALCivil cases

Defendants are not required to appear until a case is removed from the Registry.

Defendants shall not have to appear until a case is removed.

CRITICALCivil cases

A defendant contesting the sufficiency or operation of deemed counterclaims must file a Motion to Dismiss with the Circuit Clerk within 60 days of entering an appearance.

(d) Any defendant who 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.

CRITICALCivil cases

An objecting defendant may file objections within 30 days after the Request for Removal is filed, and 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

A motion for substitution of judge as a matter of right filed under this paragraph must be noticed for hearing within seven days of filing.

Motions filed under this paragraph shall be noticed for hearing within seven (7) days of filing the motion.

CRITICALCivil cases

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

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.

CRITICALCivil cases

The motion must be noticed for a hearing within seven days after filing.

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

CRITICALCivil cases

Defendants need not appear before removal, and must appear and file a responsive pleading within 30 days after receiving notice of removal.

Defendants shall not have to appear until a case is removed. Defendants shall have thirty (30) days from receiving notice of the removal to appear and file a responsive pleading.

CRITICALCivil cases

A defendant has 10 days after receiving the dismissal order to object; otherwise, the defendant is presumed to have agreed to dismissal without prejudice.

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

Once all parties have appeared on the summons return date, the Court must assign an arbitration hearing date within 180 days of filing or on the earliest available date thereafter.

Upon the return date of the summons and the Court finding that all parties have appeared, the Court shall assign an arbitration hearing date not more than 180 days from the filing date or the earliest available hearing date thereafter.

CRITICALCivil cases

A settling defendant that previously filed its counterclaim must seek leave to amend its contribution claim by the 30th day after the good-faith finding; otherwise, the claim is dismissed without prejudice on day 31.

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. 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

Defendants with a good-faith settlement finding who wish to maintain a contribution action must file a contribution complaint with the Circuit Clerk within 30 days after entry of the order.

For defendants which have obtained a good faith finding pursuant to a settlement with the plaintiff 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

Plaintiff-specific expert reports and the plaintiff's discovery deposition are due 90 days before trial; defendants need not request tender, and plaintiff may tender earlier.

90 days before trial: (a) Plaintiff shall provide all Plaintiff-specific expert witness reports. (b) Discovery deposition of the plaintiff to be completed. Defendants need not request such tender in cases governed by this Part. Nothing prevents a plaintiff from making an earlier tender.

CRITICALCivil cases

Failure to file the contribution complaint within the applicable time results in dismissal without prejudice on the 31st day after the summary-judgment order, without further court order.

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

Defendants must return pathology and x-ray material to the DMD within 90 days of receipt unless the parties agree otherwise.

(ii) Defendants shall return the pathology and x-ray material to the DMD within 90 days of receipt unless otherwise agreed by the parties.

CRITICALCivil cases

Qualifying 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, separately identifying the defendants.

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

For an action subject to the arbitration rules, the summons return date must be set 21 to 40 days after filing and before the Supervising Judge for Arbitration.

Upon the filing of a civil action subject to these rules, the Clerk of the Circuit Court shall set a return date for the summons not less than 21 days or more than 40 days after filing, returnable before the Supervising Judge for Arbitration.

CRITICALCivil cases

A defendant/counterplaintiff seeking to maintain a contribution action after summary judgment or dismissal with prejudice must file a complaint for contribution with the Circuit Clerk within 30 days after the order.

To maintain a contribution action against a defendant/counterdefendant which has been granted summary judgment or has been dismissed with prejudice in the plaintiffs case, 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

CRITICALCivil cases

After CRD notifies the parties that records were received, a party must object to the foundation of noticed plaintiff-specific records within 14 days; otherwise, foundation objections are waived and the court will deem a business-records foundation laid.

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

CRITICALCivil cases

Each defendant and plaintiff who has not already filed the deposition list must do so within 60 days from the date of the order.

each defendant and plaintiff, who has not already done so, shall file, within sixty (60) days from the date hereof, a list of all depositions taken of employees with knowledge, and expert witnesses, and list the caption and docket number of the case, the jurisdiction where the case was pending, and the dates of each deposition.

CRITICALCivil cases

Defendants’ expert reports are due 30 days before trial.

30 days before trial: (b) Defendants’ expert reports due;

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 a 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

The plaintiff must answer the interrogatories separately, fully, in writing, and under oath within 28 days after service.

The plaintiff, Plaintiff's Name, is hereby notified to answer the following interrogatories separately and fully in writing, under oath and within twenty-eight (28) days after service of these interrogatories, all in accordance with Supreme Court Rule 213(c); these interrogatories may be answered on these interrogatories in the space provided:

CRITICALCivil cases

All motions must be noticed at least seven (7) days in advance, except in extraordinary circumstances, where at least 48 hours advance notice is required.

All motions must be noticed at least seven (7) days in advance, except in extraordinary circumstances, where at least 48 hours advance notice is required.

CRITICALCivil cases

A current defendant/counterplaintiff seeking contribution from a defendant/counterdefendant dismissed without prejudice must file a 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 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

A hearing on a motion to expedite cannot be held sooner than 30 days after service of the complaint.

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

CRITICALCivil cases

Failure to file the contribution complaint within the referenced period results in abandonment and dismissal without prejudice on the 31st day after summary judgment, without another court order.

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

To seek 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 a hearing; the source text ends before stating the hearing detail.

(d) 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

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;

CRITICALCivil cases

Unless the assignment was made within 90 days before the trial setting, a motion for change of judge as of right must be filed at least 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;

CRITICALCivil cases

Deadline

24 hours

A party objecting to use of a deposition must file a statement setting out its grounds at least 24 hours before the testimony is offered, unless 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 before the deposition testimony is to be offered.

CRITICALCivil cases

Eligible defendants must file a contribution complaint within 30 days after appellate remedies are barred or exhausted; otherwise, the claim is deemed dismissed without prejudice 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. ... 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

A defendant may stand on its prior response to a later amended complaint unless the plaintiff gives notice that it adds theories or counts requiring a new response; any new response is due 30 days after service of that notice.

A defendant that has responded to either the Complaint or to an Amended Complaint need not file an additional response to any subsequently filed Amended Complaints and may stand on its prior response unless plaintiff serves notice either in the motion for leave to amend or otherwise that the amended complaint adds additional theories or counts to which a new response may be required. If defendant is filing a new response, the response shall be due 30 days after service of the above mentioned notice.

CRITICALCivil cases

Motions filed under the paragraph must be noticed for hearing within seven days after filing.

Motions filed under this paragraph shall be noticed for hearing within seven (7) days of filing the motion.

CRITICALCivil cases

A defendant with a good faith settlement finding who seeks a contribution action must file a complaint with the Circuit Clerk within 30 days after entry of the order.

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

A party seeking to use the Section II.B. procedures must file a stipulation within seven days of the Order; a party that does not stipulate cannot use those procedures and is governed by the stated Illinois law.

IT IS HEREBY ORDERED that any party wishing to stipulate to the procedures outlined in Section II.B. of the Madison County Standing Case Management Order For All Asbestos Personal Injury Cases entered this date shall file such stipulation with the Court within seven (7) days of the date of this Order. Any party not so stipulating shall not be allowed to benefit from the procedures set forth in Section II.B. but shall be governed by the Illinois Code of Civil Procedure and Illinois case law pertaining to motions on the pleadings and motions asserting lack of jurisdiction, change of judge, forum non-conveniens or statute of limitations.

CRITICALCivil cases

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 other time limitation in the order.

Nothwithstanding 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

To maintain contribution against a defendant dismissed without prejudice, a defendant/counterplaintiff must file a contribution complaint within 30 days or the action is automatically dismissed without prejudice on day 31.

To maintain a contribution action against a defendant/counterdefendant that 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.

CRITICALCivil cases

The mediator must file a report with the court within 14 days after mediation terminates.

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.