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

CRITICALCivil cases

Applies to

Supplemental disclosure

The sponsoring party must serve the supplemental disclosure together with the expert witness list.

If an expert's opinions, conclusions or the basis thereof with regard to general issues have changed since his/her last deposition or the expert will testify as to additional matters, the party sponsoring the expert shall serve, with the expert witness list, a supplemental disclosure setting forth the subject matter of the changes or additions, the substance of the expert's opinion with regard to the changes or additions and the basis of that opinion.

CRITICALCivil cases

LNFS must email all registered users within one hour after posting a document to notify them of the posting.

Within one hour of posting the document to the Website, LNFS shall send an e-mail to all registered users, notifying them of the posting.

CRITICALCivil cases

Service

Electronic service

A document served electronically is deemed served when it is posted and made available to 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.

CRITICAL

Service

Personal service

Documents requiring personal service to confer jurisdiction may not be served electronically through an e-file vendor and must be served conventionally.

Electronic service is not capable of conferring jurisdiction. Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.

CRITICALCivil cases

LNFS will post faxed documents to the Website within six business hours of receiving them from a user.

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

CRITICALCivil cases

Service

Mail

Service of a deposition tender by mail requires 3 additional days’ notice.

Three (3) additional days notice is required for service by mail.

CRITICALCivil cases

Attorneys who opt out of electronic service must receive all documents by traditional means.

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

CRITICALCivil cases

Parties serving additional discovery requests beyond those deemed served by the order must file a certificate of service with the Clerk instead of the discovery request.

Parties serving discovery requests in addition to the automatic discovery requests deemed served in this order shall file a certificate of service with the Clerk's office in lieu of the discovery request.

CRITICALCivil cases

A proceeding covering cases filed by a particular plaintiffs’ lawyer or firm must comply with the stated notice requirements and does not affect clients of other plaintiffs’ lawyers or 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 [plaintiff 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

Deadline

3 business days

A plaintiff may serve records, documents other than pleadings or answers to interrogatories, and tangible items by filing them with the DMD and serving defendants with a written notice identifying the items within three business days of deposit.

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 DMD and serving upon defendants within 3 business days of deposit, a written notice of filing which specifies the item(s) being filed.

CRITICALCivil cases

Information or documents produced to a plaintiff lawyer or firm are deemed produced 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

Service

Electronic service

On the day a document is filed, a copy for electronic service must be sent to LNFS by one of the listed methods, and a registered user must initiate service on the website.

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) fax transmission; or (3) hard copy received via overnight mail or U.S. mail. Regardless of transmission method, all document service must be initiated on the website by a registered user.

CRITICALCivil cases

Applies to

Motion for additional time

(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

(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

Each plaintiff firm must serve its proposed calendar 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.

CRITICALCivil cases

Applies to

Discovery request

discovery requests shall file a certificate of service with the Clerk's office in lieu of the discovery compliance.

discovery requests shall file a certificate of service with the Clerk's office in lieu of the discovery compliance.

CRITICALCivil cases

Service

Electronic service to all parties

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials, served via LexisNexis or other agreed to method of electronic service and filed with the CRD, which shall attempt to obtain and file the information for the parties.

Releases shall be executed by plaintiffs for obtaining information, medical records and other materials, served via LexisNexis or other agreed to method of electronic service and filed with the CRD, which shall attempt to obtain and file the information for the parties.

CRITICALCivil cases

Applies to

Deposition tender

Service

Mail

Service of a deposition tender by mail requires three additional days of notice.

Three (3) additional days notice is required for service by mail.

CRITICALCivil cases

When the Order requires service, counsel must file the original with the Clerk and include a Certificate of Service listing each other person's name, address, and service date.

Whenever the provisions of this Order require that counsel make service of the specified material, counsel shall file the original document with the Clerk of the Court, and shall include with such filing a Certificate of Service which shows the names, addresses and dates of service upon all other persons.

CRITICALCivil cases

Pre-trial reports must be served 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 sponsoring party must serve the supplemental disclosure with the expert witness list when the expert’s general-issues opinions or testimony have changed or expanded.

If an expert’s opinions, conclusions or the basis thereof with regard to general issues have changed since his/her last deposition or the expert will testify as to additional matters, the party sponsoring the expert shall serve, with the expert witness list, a supplemental disclosure setting forth the subject matter of the changes or additions, the substance of the expert’s opinion with regard to the changes or additions and the basis of that opinion.

CRITICALCivil cases

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

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

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

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

CRITICALCivil cases

A proceeding noticed in All Asbestos Litigation is presumptively effective for the described parties and counsel’s future clients who receive the required notice; parties without at least seven days’ notice are not bound by its results.

Proceedings may be held in "All Asbestos Litigation," including, but not limited to, motions or discovery. Such proceeding, if specifically noticed in "All Asbestos Litigation," shall be presumptively effective as to any party receiving notice at least seven (7) days of the same, including any defendant or plaintiff in any asbestos case at the time and, where applicable, any respondent in discovery. Such proceedings are also presumptively effective as to the future clients of any plaintiffs' lawyer or law firm receiving notice. The Court shall serve all parties with the motion docket identifying the matters set for hearing regardless of the parties involvement in the proceeding. Parties not receiving the requisite seven (7) days notice are not bound by the results of such a proceeding.

CRITICALCivil cases

Service

Electronic service

Deposition tenders served electronically or by facsimile must be given at least 7 days before depositions in Illinois, Missouri, or Indiana, and at least 10 days before depositions elsewhere.

If served by email, LexisNexis, other agreed to method of electronic service or facsimile, all deposition tenders shall be given at least seven (7) days in advance for depositions occurring in Illinois, Missouri, or Indiana, and ten (10) days in advance for depositions occurring elsewhere.

CRITICALCivil cases

When the specified discovery deposition is outside a 40-mile radius of the courthouse, Plaintiff must provide the no-testimony list at least three business days before the deposition.

If the discovery deposition of plaintiff or of a site or exposure witness occurs outside a 40-mile radius of the Madison County, Hillnois Courthouse, plaintiff must provide, no later than three (3) business days before said discovery deposition, a list of manufacturers or brand names of products, owners and/or operators of premises and types of products about which the plaintiff or site/exposure witness will have no testimony—if a company or product type is included on a list against which the plaintiff or witness will have no testimony, that company or defendant who manufactures, sells or distributes a listed type of product need not appear for the discovery deposition.

CRITICALCivil cases

Service

Court service to all parties

The Court must serve the trial settings on all parties.

The Court shall serve the trial settings to all parties.

CRITICALCivil cases

A plaintiff may serve defendants with records, eligible documents, or tangible items by filing them with the Records Depository and serving defendants a notice specifying the items filed; pleadings and answers to interrogatories 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 Records Depository and serving a notice of filing upon defendants, which specifies the item(s) being filed.

CRITICALCivil cases

Applies to

Forum non conveniens motion and supporting memorandum

The moving party must serve 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

Deadline

2 business days

Service

Electronic service to all parties

The motion proponent must electronically serve the order on all counsel of record within two business days after entry.

In any instance in which the Court enters an Order upon a motion in a specific case, the proponent of the motion shall serve a copy of the Order via LexisNexis or other agreed-to method of electronic service to all counsel of record within two business days of entry.

CRITICALCivil cases

A plaintiff lawyer or firm must serve written discovery requests on behalf of its clients as a group, not client by client, 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

Applies to

Standardized interrogatories

A plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the standardized interrogatories attached as Exhibit 1.

Any plaintiff filing an asbestos personal injury or wrongful death case in Madison County is deemed served with the standardized interrogatories which are attached hereto as Exhibit 1.

CRITICALCivil cases

Service

Electronic service

Plaintiff may file the information in the CRD, but must serve information in documentary form through LexisNexis or another agreed method of electronic service.

Plaintiff may file the above information in the CRD but in any event shall serve the information that is in documentary form via LexisNexis or other agreed to method of electronic service as provided in section II C above.

CRITICALCivil cases

The moving party must serve the particularized forum non conveniens 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

Applies to

Supplemental expert witness disclosure

If a general expert’s opinions or their basis have changed since the last deposition, or the expert will address additional matters, the sponsoring party must serve a supplemental disclosure with the expert witness list.

If an expert's opinions, conclusions or the basis thereof with regard to general issues have changed since his/her last deposition or the expert will testify as to additional matters, the party sponsoring the expert shall serve, with the expert witness list, a supplemental disclosure

CRITICALCivil cases

Applies to

Documentary information

Service

Electronic service to all parties

Plaintiff may file the information in the CRD, but must electronically serve information in documentary form through LexisNexis or another agreed method.

Plaintiff may file the above information in the CRD but in any event shall serve the information that is in documentary form via LexisNexis or other agreed to method of electronic service as provided in section II-C above.

CRITICALCivil cases

Filing with the DMD is ineffective service when trial is fewer than 14 days away, except for tangible items that cannot be copied.

Except as to tangible items not capable of being copied, filing with the DMD is ineffective service in any case going to trial fewer than 14 days from the date of filing.

CRITICALCivil cases

Upon request, the sponsoring party must tender the expert to the opposing party for deposition.

The sponsoring party shall tender such expert to the opposing party for deposition upon request.

CRITICALCivil cases

A plaintiff must directly serve a defendant-specific disclosure, exhibit list, or similar item on that defendant, but may also serve other defendants by filing it 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

Deposit of records, documents and tangible items in response to discovery requests is proper service upon any party.

Deposit of records, documents and tangible items in response to discovery requests is proper service upon any party.

CRITICALCivil cases

Service

Mail

LNFS will post mailed hard-copy documents within 24 hours after receiving the overnight-mail package.

(c) mailed hard copy documents will be posted to the Website within twenty-four (24) hours of receipt of the overnight mail package.

CRITICALCivil cases

A party seeking to use prior testimony as substantive evidence must provide the required listing to opposing counsel no later than 60 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 sixty (60) 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

Applies to

Initial intake conference notice

Service

Mail

The Mediation Administrator must send the homeowner notice of the initial intake conference by mail.

The Mediation Administrator will send the homeowner notice of the initial intake conference by mail.

CRITICALCivil cases

CRD filing is ineffective as service in a case going to trial less than 14 days after filing, except for tangible items that cannot be copied.

Except as to tangible items not capable of being copied, filing with the CRD is ineffective service in any case going to trial less than 14 days from the date of filing.

CRITICALCivil cases

The designation must be served on all defendants’ counsel and on plaintiffs’ counsel with whom the defendants have pending claims.

The designation shall be served upon all Defendants' counsel and all Plaintiffs' counsel with whom they have present claims pending.

CRITICAL

If a party or its designee has not subscribed to a Vendor’s services, the party must serve by facsimile or mail as provided by the Code of Civil Procedure.

If a party or party’s designee has not subscribed to a Vendor’s services, the party shall provide service by facsimile transmission or mail as provided by the Code of Civil Procedure.

CRITICALCivil cases

Except as to tangible items not capable of being copied, filing with the CRD is ineffective service in any base going to trial less than 14 days from the date of filing.

Except as to tangible items not capable of being copied, filing with the CRD is ineffective service in any base going to trial less than 14 days from the date of filing.

CRITICALCivil cases

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

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

CRITICALCivil cases

Applies to

Expert disclosure

A party listing a new expert must serve the expert disclosure with the expert witness list.

Any party listing a new expert shall serve, with the expert witness list, a disclosure setting forth the general subject matter of the expected testimony, the substance of the expert's opinions, the basis thereof and a curriculum vitae for that expert.

CRITICALCivil cases

The motion to change an arbitration hearing date and its hearing notice must be served on all other parties in the same manner as other motions, with copies also served on the Administrative Assistant for Arbitration.

Such motion and notice of hearing thereon shall be served upon all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon shall likewise be served upon the Administrative Assistant for Arbitration.

CRITICALCivil cases

Should any autopsy be performed at Plaintiff's Counsel's request, Defendants will be notified at least 72 hours in advance and given the opportunity to send a single qualified representative to be present

Should any autopsy be performed at Plaintiff's Counsel's request, Defendants will be notified at least 72 hours in advance and given the opportunity to send a single qualified representative to be present