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

CRITICALCivil cases

A defendant with a judgment and a basis for contribution must file a contribution complaint with the Circuit Clerk within 30 days after appellate remedies are barred or exhausted.

Defendants who have had judgments rendered against them in the plaintiff's 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.

CRITICAL

Unless remote appearances have already been provided for, requests must be made at least seven days before the proceeding or hearing; the court may excuse an untimely request for good cause.

Unless a Judge presiding over a case or docket has already provided for remote appearances, all requests for remote appearance must be made to the circuit court at least seven days in advance of the proceeding or hearing. The court, at its discretion, may excuse an untimely request for good cause.

CRITICALCivil cases

A defendant/counterplaintiff must file a contribution complaint within 30 days after entry of the order to pursue a claim against a defendant/counterdefendant granted summary judgment or dismissed with prejudice.

For a current defendant/counterplaintiff to maintain a contribution action against a defendant/counterdefendant which 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

Pretrial 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 settling defendant with a previously filed counterclaim must seek leave to amend its contribution claim by day 30 after the good-faith finding or 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

(b) 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.

(b) 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.

CRITICALCivil cases

Parties must submit their mediator selection within 14 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 fourteen (14) days of said order, the parties hereby stipulate that the mediator for this cause of action will be:

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

All parties must file an exhibit list at least 14 days before trial.

All parties shall file an Exhibit list at least fourteen (14) days before trial.

CRITICALCivil cases

At least 120 days before trial, plaintiff and defendants must make the specified witness disclosures; parties may supplement for newly discovered witnesses up to the discovery cutoff.

120 days before trial: (a) Plaintiff shall disclose all known fact, exposure, and site witnesses. As to each, plaintiff shall indicate whether the witness will be tendered upon request or must be subpoenaed. Plaintiff must provide the addresses of subpoena-only witnesses. Plaintiff shall also list the names of potential witnesses as to whom no further information is available; (b) Defendants shall disclose all known fact, exposure and site witnesses; (c) All parties shall have the right to supplement when newly discovered fact, exposure or site witnesses become known up to the discovery cutoff; (d) Plaintiff shall disclose all expert witnesses.

CRITICALCivil cases

60 days before trial: Defendants to disclose expert witnesses;

60 days before trial: Defendants to disclose expert witnesses;

CRITICALCivil cases

Failure to file the contribution complaint as required results in dismissal without prejudice on the 31st day after appellate remedies are barred or exhausted, without further court order.

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/counterplaintiff must file a contribution complaint within 30 days after entry of the order to pursue a claim against a defendant/counterdefendant dismissed without prejudice.

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

The parties or their attorneys must present each mediated agreement to the court within 30 days after the final Mediator’s Report is filed.

Each mediated agreement shall be presented by the parties or their attorneys (if any) to the court within thirty days following the filing of the final Mediator’s Report.

CRITICALCivil cases

Parties have 45 days from entry of the Order to comply with any newly shortened deadlines, including motion-filing deadlines.

All parties shall have forty-five (45) days from the date upon which this Order is entered to comply with any new shortened deadlines, including, but not limited to, filing any motions.

CRITICALCivil cases

Pre-trial reports must be supplemented 14 days before trial.

Said pre-trial reports shall be supplemented fourteen (14) days before trial.

CRITICALCivil cases

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

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

CRITICALCivil cases

The mediator’s report must be submitted within ten 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

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

CRITICAL

Court rules and amendments must be filed with the Administrative Office of the Illinois Courts within ten days after adoption.

All rules of this Court and any amendments thereto shall be filed with the Director of the Administrative Office of the Illinois Courts in Springfield, Illinois, within ten days after adoption thereof as provided by Supreme Court Rule 21(d).

CRITICALCivil cases

Parties choosing mediation by stipulation must file a Mediation Selection Submittal Form within 7 days of entry; otherwise, the court will appoint a judicial mediator by rotation if they fail to agree and file the 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. Failure to agree and file said submittal will result in the court appointing a judicial mediator by rotation.

CRITICALCivil cases

A defendant/counterplaintiff must file the specified contribution complaint within 30 days after entry of the order.

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

All parties must file an exhibit list at least 14 days before trial.

All parties shall file an Exhibit list at least fourteen (14) days before trial.

CRITICALCivil cases

Defendants’ expert depositions must be completed 30 days before trial.

30 days before trial: (a) Defendants’ expert depositions to be completed;

CRITICALCivil cases

Deadline

24 hours

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

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

CRITICALCivil cases

A case with a trial setting may be special closed, absent good cause for an exception, if its required Pre-Trial Report is not timely filed.

(b) Any case may be "special closed" by the Court in its discretion without further notice; cases in the following circumstances may be special closed unless good cause is shown why a case should be excepted from the provisions of this Section: 1. Any case which has been given a trial setting but for which a Pre-Trial Report as required by § II. A. 3 of this Order is not timely filed; 2. Any case filed alleging that exposure to asbestos was the cause of a Plaintiff's or Decedent's illness and/or death where the criteria regarding medical causation listed in § II. D. 2(d) is not met with the (1) year of the filing date; 3. Any case on the Court's annual "cleanup" docket which Plaintiff's counsel does not set for trial, dismiss or special close by January 31 of the year following the "cleanup" docket.

CRITICALCivil cases

A current defendant/counterplaintiff seeking contribution from a defendant/counterdefendant dismissed with 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 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

Parties have 45 days from entry of the Order to comply with newly shortened deadlines, including motion-filing deadlines.

All parties shall have forty-five (45) days from the date upon which this Order is entered to comply with any new shortened deadlines, including, but not limited to, filing any motions.

CRITICALCivil cases

The Court may not schedule trial earlier than 180 days after granting Plaintiff's Motion to Expedite.

The Court shall not schedule a trial sooner than 180 days after the date upon which Plaintiff's Motion to Expedite is granted.

CRITICAL

Applies to

Financial affidavit

A sworn Financial Affidavit (in the form approved by the Supreme Court) must be filed by each party on or before the date of hearing on a pleading seeking to establish, modify, or otherwise affect issues of support, maintenance, disposition of property, or post-minority educational expenses or support, whether temporary or permanent in nature, and shall be filed on or before the date of the case management conference unless earlier filed in the case.

A sworn Financial Affidavit (in the form approved by the Supreme Court) must be filed by each party on or before the date of hearing on a pleading seeking to establish, modify, or otherwise affect issues of support, maintenance, disposition of property, or post-minority educational expenses or support, whether temporary or permanent in nature, and shall be filed on or before the date of the case management conference unless earlier filed in the case.

CRITICALCivil cases

A party may move to dispense with mediation within 14 days after the referral order on one of the stated grounds.

A party may move, within fourteen (14) days after the Order of Referral, to dispense with mediation if: 1. The issue to be considered has been previously mediated between the same parties, 2. The issue presents a question of law only; 3. Other good cause is shown.

CRITICALCivil cases

All discovery must be completed 30 days before trial.

30 days before trial: (c) All discovery to be completed.

CRITICALCivil cases

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

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

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

A settling defendant/counterplaintiff seeking to maintain a contribution action must file a complaint with the Circuit Clerk within 30 days after the good-faith finding; failure results in abandonment and dismissal 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

Motions filed under the substitution-of-judge 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

The mediator-signed report must be filed with the Circuit Clerk within ten days after the last day of the mediation conference.

This report shall be signed by the mediator and shall be filed with the Circuit Clerk within ten (10) days of the last day of the mediation conference.

CRITICALCivil cases

The required notice to the Court must be given within the next seven days if the parties cannot agree on a mediator within 14 days.

If the parties cannot agree upon a mediator within fourteen (14) days of the Order of Referral, the plaintiff’s attorney (or another attorney agreed upon by all attorneys) shall so notify the Court within the next seven (7)

CRITICALCivil cases

Each plaintiff must complete and deposit Forms A-1 and A-2 in the DMD no later than the date the plaintiff deposits or serves interrogatory answers under the order.

No later than the date that plaintiff deposits or serves answers to interrogatories in accordance with this order, each plaintiff shall complete and deposit in the DMD the CMS Form ("Form A-1") (or such new or amended form as CMS may provide) and the authorization ("Form A-2").

WARNINGCivil cases

If no objection is made within ten (10) days, such deposition can be used as if noticed and taken in any of the asbestos cases filed in Madison County, Illinois, against those parties or their successors in interest who were present at the prior deposition.

If no objection is made within ten (10) days, such deposition can be used as if noticed and taken in any of the asbestos cases filed in Madison County, Illinois, against those parties or their successors in interest who were present at the prior deposition.

WARNINGCivil cases

All discovery, including plaintiff and fact-witness depositions and expert discovery, must be completed 60 days before trial.

## (e) 60 Days Before Trial: (i) all discovery shall be completed, including plaintiff and fact witness depositions and expert discovery;

WARNINGCivil cases

The parties may agree upon a mediator-designation stipulation with the court within 14 days after the referral order.

Within 14 days of the Order of Referral, the parties may agree upon a stipulation with the court designating: