3rd Judicial Circuit Court, Madison County, Illinois Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Motion for additional time

Defendants seeking review of a non-plaintiff deponent’s discovery deposition must serve the motion for additional time within seven days of the deposition.

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.

CRITICAL

Applies to

Order

Orders issued by the Presiding Judge must be served.

Orders issued by the Presiding Judge shall bear a typographic or electronic signature and an official e-filing court stamp, and shall be e-filed and served.

CRITICAL

Service

Electronic service to all parties

E-service is complete at the vendor’s posted date and time, but for computing a response period, service of a document filed while the Clerk is closed is deemed to occur on the Clerk’s next business day.

E-service shall be deemed complete at the posted date and time listed by the e-file Vendor. However, for the purpose of computing time for any other party to respond, any document filed on a day or at a time when the Clerk is not open for business is deemed to be served on the Clerk’s next business day. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.

CRITICALCivil cases

Deadline

2 business days

Applies to

Court order

Service

Electronic service

For an order captioned “All Asbestos Cases Filed by [Plaintiffs Firm],” the Plaintiff's Firm must electronically serve a copy within two business days of entry.

In any instance in which the Court enters an Order captioned "All Asbestos Cases Filed by [Plaintiffs Firm]" the Plaintiff's Firm shall be responsible for serving a copy of the Order via LexisNexis or other agreed to method of electronic service within two business days of entry.

CRITICALCivil cases

Applies to

Summary judgment motion

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

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

CRITICALCivil cases

Deadline

2 business days

Service

Electronic service

For an order captioned “All Asbestos Cases Filed by [Plaintiffs Firm],” the Plaintiff’s Firm must electronically serve a copy within two business days after entry.

In any instance in which the Court enters an Order captioned ―All Asbestos Cases Filed by [Plaintiffs Firm]‖ the Plaintiff’s Firm shall be responsible for serving a copy of the Order via LexisNexis or other agreed to method of electronic service within two business days of entry.

CRITICALCivil cases

For a document filed by a Defendant, counsel must serve a complete and legible copy on the Claimant or Claimant's counsel by first-class mail or Lexis-Nexis file and serve.

If the document is filed by a Defendant, counsel shall serve a complete and legible copy of the document filed upon the Claimant (or Claimant's counsel) by first-class mail or by Lexis- Nexis file and serve.

CRITICALCivil cases

A Request for Removal must follow the Order’s referenced service provisions and be served on the other parties when the suit is filed.

The Request shall be filed in accordance with the Service provisions in Paragraph B.3 of this Order, and shall be served upon other parties at the time suit is filed.

CRITICALCivil cases

Applies to

Civil mediator report

The original mediator’s report must be filed with the Circuit Clerk, and copies must be sent to the Trial Judge and Trial Court Administrator.

Original to be filed with Circuit Clerk, a copy of this report is to be sent to the Trial Judge and the Trial Court Administrator, Teri Picchioldi

CRITICALCivil cases

Except where the order provides otherwise, depositing a record, document, or tangible item in the DMD is not effective service.

Except as provided in this order, deposit of any record, document or tangible item in the DMD is not effective service.

CRITICALCivil cases

A party seeking to use prior deposition testimony as substantive evidence must provide opposing counsel a listing no later than seven days before trial, unless it was previously provided in a master pleading.

Any party seeking to use any portion of such prior deposition or trial testimony as substantive evidence at trial shall, no later than seven (7) days before a scheduled trial date (if not previously provided in a master pleading), provide opposing counsel with a listing of (a) the depositions that such party wishes to use; (b) the parties named in the lawsuit in which the deposition was taken; (c) the parties against whom each deposition will be used; and (d) the specific issues on which the deposition will be offered as substantive evidence.

CRITICAL

Initial filings, motions, and other papers must be served according to applicable law and court rules.

(B) Service. Service of initial filings, motions, and other papers shall be pursuant to the applicable law and court rules.

CRITICALCivil cases

A plaintiff may serve specified records, documents, or tangible items through the CRD by filing them there and serving defendants with a written notice identifying the items within three business days of deposit; pleadings and interrogatory answers are excluded.

A plaintiff may effect service upon defendants of any record, document (excluding pleadings or answers to interrogatories) or tangible item (including pathological materials and x-rays) by filing the same with the CRD and serving a written notice of filing upon defendants within 3 business days of deposit, which specifies the item(s) being filed.

CRITICALCivil cases

The mediator must notify the parties in writing of the mediation conference date and time within 28 days after the referral order.

Within 28 days after the Order of Referral, the mediator shall notify the parties in writing of the date and time of the mediation conference.

CRITICALCivil cases

Applies to

Request for trial dates

Each Plaintiff’s firm must serve its following-year trial-date request on all defense counsel of record.

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.

CRITICALCivil cases

Dispositive motions must be served 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

Service

Electronic service to all parties

An electronically served document is deemed served when it is posted and made available to service recipients on the LNFS system.

Any document electronically served pursuant to this Order shall be deemed served as of the date and time it is made available to service recipients through posting on the LNFS system, pursuant to paragraph 4 of this Order.

CRITICALCivil cases

Proceedings grouped by a plaintiff lawyer or firm must follow the stated notice requirements, use the specified notice designation, and do not affect clients of other firms.

Proceedings may also be held in all cases filed by a particular plaintiff lawyer or law firm representing plaintiffs. Such proceeding shall comply with the notice requirements set forth above, except that the notice shall specify ―All Asbestos Cases Filed by [Plaintiffs Firm].‖ Such proceeding is presumptively effective as to all parties to those cases receiving the requisite notice, but shall not affect the existing or future clients of other lawyers or law firms representing plaintiffs.

CRITICALCivil cases

Information containing Social Security numbers or similar confidential information may not be served on the parties unless it is redacted.

Information containing Social Security numbers or like confidential information shall not be served upon the parties unless redacted.

CRITICALCivil cases

Notice of a change of counsel must promptly be given to the Clerk and all counsel.

Notice of any changes of counsel shall promptly be given to the Clerk and to all counsel.

CRITICALCivil cases

Until further notice, sealed documents may not be served through the system and must be served by traditional means.

Until further notice, no documents that are filed under seal (―sealed documents‖) shall be served via the system. Rather, service of sealed documents shall be made via traditional means.

CRITICALCivil cases

Service

Electronic service

LNFS will post an electronic document within one hour of receiving it from a user.

electronic documents will be posted to the Website within one (1) hour or receipt of such document from a user;

CRITICALCivil cases

Service

Electronic service

LNFS will post a faxed document within six business hours of receiving it from a user.

faxed documents will be posted to the Website within six (6) business hours of receipt from a user;

CRITICALCivil cases

For a Defendant-filed document, counsel must serve a complete, legible copy on the Claimant or Claimant's counsel by first-class mail or Lexis-Nexis File & Serve.

If the document is filed by a Defendant, counsel shall serve a complete and legible copy of the document filed upon the Claimant (or Claimant's counsel) by first-class mail or by Lexis-Nexis file and serve.

CRITICALCivil cases

A defendant’s CRD filing does not serve a plaintiff because plaintiffs are not CRD members, except for plaintiff records such as medical, employment, Social Security, or tax records.

The filing by a defendant of a record, document or tangible item in the CRD is ineffective as service upon a plaintiff or plaintiffs because plaintiffs are not members of the CRD, with the exception of plaintiff records, such as medical, employment, social security, tax, etc.

CRITICALCivil cases

Service

Electronic service

Counsel who have not opted out must accept electronic service through Lexis Nexis File and Serve or another provider agreed to by the parties or ordered by the Court; documents include exhibits and attachments.

All counsel involved in Asbestos Litigation who do not opt-out of the provisions of this Order, pursuant to paragraph 2 hereof, shall accept electronic service of documents provided by Lexis Nexis File and Serve or other electronic service provider as agreed by the parties or ordered by the Court, ("LNFS") as detailed in this Order. All references to "document" in this Order shall be interpreted to include any exhibits or attachments to said document.

CRITICALCivil cases

The physician’s examination report must be provided to plaintiff’s counsel by the earlier of 30 days after the examination or 3 days before the physician’s deposition.

The report of the physician conducting the examination shall be provided to plaintiff's counsel within thirty (30) days of the date upon which the examination was conducted or three (3) days prior to the deposition of that physician, whichever is sooner.

CRITICALCivil cases

Applies to

Motion docket

Service

Court service to all parties

The Court must serve every party with the motion docket identifying matters set for hearing, regardless of that party’s involvement in the proceeding.

The Court shall serve all parties with the motion docket identifying the matters set for hearing regardless of the parties involvement in the proceeding.

CRITICALCivil cases

A party intending to use prior deposition or trial testimony as substantive evidence must provide opposing counsel the specified listing no later than seven days before trial, unless it was previously provided in a master pleading.

Any party seeking to use any portion of such prior deposition or trial testimony as substantive evidence at trial shall, no later than seven (7) days before a scheduled trial date (if not previously provided in a master pleading), provide opposing counsel with a listing of (a) the depositions that such party wishes to use; (b) the parties named in the lawsuit in which the deposition was taken; (c) the parties against whom each deposition will be used; and (d) the specific issues on which the deposition will be offered as substantive evidence.

CRITICALCivil cases

The notification email or daily digest must contain links to the document locations on the system.

The e-mail or digest shall contain hypertext link(s) to the document location(s) on the system.

CRITICALCivil cases

The expert must be tendered at least seven days before the proposed deposition date.

The tender shall be in writing and at least seven (7) days in advance of the proposed deposition date.

CRITICALCivil cases

After the plaintiff responds to revised standard written discovery, individual defendants may serve supplemental product or case-specific written discovery only by agreement or leave of court.

Once Plaintiff has responded to the revised standard written discovery, supplemental product or case-specific written discovery may be served by individual defendants only by agreement or leave of court.

CRITICALCivil cases

A respondent in discovery must be notified of any proceeding that affects its interests.

A respondent in discovery shall be notified of any proceeding affecting its interests.

CRITICALCivil cases

Attorneys who opt out must receive all documents through traditional service methods.

Attorneys who opt out of participation in electronic service must be served with all documents via traditional means.

CRITICALCivil cases

An attorney opting out of electronic service must file a notice with the Court, serve all counsel, and send a copy to the electronic service provider.

Any attorney may opt out of participation in electronic service by filing a notice with the Court, serving the notice on all counsel, and sending a copy to LNFS or whichever other electronic service provider is being utilized.

CRITICALCivil cases

Defendants must place a copy of each plaintiff-specific record received in the DMD and give all parties written notice within three business days of placement.

Defendants will place a copy of all plaintiff specific records received in the DMD and provide written notice of deposit to all parties within three (3) business days of placement.

CRITICALCivil cases

Defendants must place a copy of all plaintiff records received in the CRD and give all parties written notice within three business days.

Defendants will place a copy of all plaintiff records received in the CRD and provide written notice of deposit to all parties within three (3) business days.

CRITICALCivil cases

Give opposing counsel seven days’ written notice of a treating-physician deposition unless the parties agree otherwise.

Seven (7) days written notice of a deposition of any treating physician shall be given to opposing counsel unless otherwise agreed-to by the parties.

CRITICALCivil cases

Applies to

Discovery production

A defendant's production to a plaintiffs' lawyer or firm is deemed made in all of that firm's other existing and future asbestos cases.

Once a defendant produces any information or document to a plaintiff's lawyer/law firm, such information or document is deemed produced in all other existing and future asbestos cases of that lawyer/law firm.

CRITICALCivil cases

A plaintiff must directly serve defendant-specific disclosures and similar items on the relevant defendant, but may serve other defendants by filing the item with the CRD.

Plaintiff must directly serve any disclosure, exhibit list or like item, which is specific to a particular defendant, on that particular defendant but may also serve the other defendants by filing the same with the CRD.

CRITICALCivil cases

Counsel may serve the defendant a written response within 7 days of receiving notice, certifying that the case should remain in special closed status on one of the stated grounds.

counsel may, within 7 days of receipt of such written notice, serve on that defendant a written response certifying that the case as to that defendant should not be dismissed but should remain in special closed status because either the claims against that defendant are being made via a bankruptcy trust or settlement with that defendant is pending.

CRITICALCivil cases

Notice of the hearing on a motion to defer must be provided to all interested parties, including any appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.

CRITICALCivil cases

Service

Electronic service

Only registered users may access the system; registered users are authorized Court personnel and counsel of record or their law-firm designees.

Access to the system will be limited to registered users. Registered users will consist of authorized Court personnel and counsel of record or their designees within their law firms.

CRITICALCivil cases

A plaintiff must directly serve defendant-specific disclosures and similar items on that defendant, but may serve the other defendants by filing the item with the DMD.

Plaintiff must directly serve any disclosure, exhibit list or like item which is specific to a particular defendant, on that particular defendant but may also serve the other defendants by filing the same with the DMD.

CRITICALCivil cases

Applies to

Written discovery requests

Plaintiffs' counsel must serve written discovery for the firm's clients collectively rather than individually, unless individual requests are necessary and non-duplicative.

Each lawyer/law firm representing plaintiffs in asbestos cases shall serve written discovery requests upon each defendant from the lawyer/law firm's clients as a whole and not from each client individually (unless necessary and non-duplicative).

CRITICALCivil cases

Service

Electronic service

Counsel who do not opt out must accept electronic service through LNFS or another provider agreed to by the parties or ordered by the Court; service includes exhibits and attachments.

All counsel involved in Asbestos Litigation who do not opt-out of the provisions of this Order, pursuant to paragraph 2 hereof, shall accept electronic service of documents provided by Lexis Nexis File and Serve or other electronic service provider as agreed by the parties or ordered by the Court, ("LNFS") as detailed in this Order. All references to "document" in this Order shall be interpreted to include any exhibits or attachments to said document.

CRITICALCivil cases

Applies to

Pre trial motion

Pretrial motions must be served 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

Pre-trial motions must be served 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

Service

Electronic service

Once the system is implemented, a copy of each document to be served electronically must be sent to LNFS on the day it is filed, using a method provided by the system; the excerpt identifies electronic transfer of a word-processing file or scanned image as one method.

Upon implementation of the system described herein, on the day any document is filed with the Court, whenever a document is to be served electronically a copy of that document shall be sent to LNFS by one of the following methods in accordance with the procedures set forth on the system: (1) electronic transfer, via the Internet through the system, of the document file (either a word-processing file or a scanned image of the document); (2)

CRITICALCivil cases

Give opposing counsel seven days’ written notice of a treating physician’s deposition unless the parties agree otherwise.

Seven (7) days written notice of a deposition of any treating physician shall be given to opposing counsel unless otherwise agreed to by the parties.