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

CRITICALCivil cases

Applies to

Written discovery requests

Plaintiffs’ lawyers or firms must serve written discovery requests for their clients as a whole, rather than client by client, unless individual requests are necessary and non-duplicative; duplicative discovery among plaintiffs or groups should be avoided.

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). Duplicative discovery on behalf of different plaintiffs or groups of plaintiffs is to be avoided.

CRITICALCivil cases

Plaintiff's counsel must serve all defendants with a certificate regarding placement of the required materials at the selected DMD.

Plaintiff's counsel will select the DMD to be utilized in each case by placing at the DMD of their choice the documents and materials required as pre-conditions to bringing a motion to have that case set for trial and shall serve a certificate regarding such placement on all defendants.

WARNINGCivil cases

Parties who do not receive the requisite seven days' notice are not bound by the proceeding's results.

Parties not receiving the requisite seven (7) days notice are not bound by the results of such a proceeding.

WARNING

Service

Electronic service

The Vendor must maintain an e-service list for each e-filed case, update it immediately upon notice of new contact information, and use the most current list when serving documents.

The e-filing Vendor is required to maintain an e-service list for each e-filed case. The Vendor shall immediately update the service list upon being given notice of new contact information. Whenever a document is submitted for service upon other parties by the e- filing Vendor’s system, the e-filing Vendor shall use the most current e-service list to perform service.

WARNINGCivil cases

These Forms should be deposited in the DMD and should not be otherwise served as they contain Social Security numbers and other such sensitive information.

These Forms should be deposited in the DMD and should not be otherwise served as they contain Social Security numbers and other such sensitive information.

WARNINGCivil cases

Serving a corresponding notice of deposition constitutes acceptance of the tender.

Service of a corresponding notice of deposition is acceptance of a tender.

WARNINGCivil cases

Service

Electronic service to all parties

For CRD filings of documents other than medical records, the document or record should also be served, redacted as necessary, on all parties through LexisNexis or another agreed electronic-service method.

Where the filing with the CRD is of a document other than medical records, the document or record itself, redacted as necessary, should also be served via LexisNexis or other agreed to method of electronic service on all parties of record.

WARNINGCivil cases

Applies to

Supplemental product or case specific written discovery

After the plaintiff responds to revised standard discovery, an individual defendant may serve supplemental product or case-specific written discovery only by agreement or with 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.

WARNINGCivil cases

Applies to

Motion and notice of hearing

The plaintiff may serve the motion to expedite and its hearing notice together with the complaint.

Plaintiff may file the above information in the Records Depository, and serve his motion to expedite and a notice of hearing on the motion along with the complaint.

WARNINGCivil cases

Service

Court service to all parties

The Clerk will serve Trial Settings on all parties.

As set forth in Section II.A.3. (Trial Setting), the Chief Asbestos Judge will group cases for trial and the Clerk will serve the Trial Settings on all parties.

WARNINGCivil cases

Service

Electronic service

Medical records, redacted as necessary, should also be served via LexisNexis (or other method of electronic service) where it is practical to do so.

Medical records, redacted as necessary, should also be served via LexisNexis (or other method of electronic service) where it is practical to do so.

WARNINGCivil cases

Service

Electronic service

LNFS must email registered users within one hour of posting; interested attorneys may choose a daily digest, and either notice must link to the documents.

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. LNFS provides an alternative daily digest notification option for those attorneys interested, which aggregates all the e-mails distributed in one day into a single e-mail. The e-mail or digest shall contain hypertext link(s) to the document location(s) on the system.

WARNINGCivil cases

with the DMD is of a document other than medical records, the document or record itself, redacted as necessary, should also be served on all parties of record.

with the DMD is of a document other than medical records, the document or record itself, redacted as necessary, should also be served on all parties of record.

WARNINGCivil cases

All parties must serve their fact-witness lists unless the stated master-list exception applies.

(i) all parties shall file and serve lists of fact witnesses unless a master fact witness list was filed as provided in Section II.A.1(b)ii above;

WARNINGCivil cases

A defendant not dismissed when the case is special closed may obtain dismissal without prejudice no sooner than six months later, with written notice to the Plaintiff.

Any defendant which is not dismissed when a case is special closed may have a dismissal without prejudice entered, with written notice to Plaintiff, no sooner than 6 months after the date the case is special closed.

WARNINGCivil cases

Releases should not be served on the parties because the DMD may need them to collect records and they may contain Social Security numbers or other confidential information.

Such releases should not be served on the parties as the DMD may require such release to collect records and materials and the releases may contain Social Security numbers and other such confidential information.

WARNINGCivil cases

The motion to expedite and its hearing notice may be served with the complaint.

The motion to expedite and a notice of hearing on the motion may be served along with the complaint.

WARNINGCivil cases

Before reporting information inconsistent with Form B, defendant must reasonably notify plaintiff; the excerpt ends before the notification requirement is fully stated.

If defendant intends to report information that is inconsistent with the information on Form B, prior to doing so, defendant will reasonably notify plaintiff of that

WARNINGCivil cases

Applies to

Notice of opt out

An attorney may opt out of electronic service by filing a notice with the Court, serving all counsel, and sending a copy to the 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.

WARNINGCivil cases

Proceedings and pleadings identified as all asbestos litigation or as a particular firm's asbestos cases are effective only as to parties served and given notice of them.

Proceedings and pleadings identified as "All Asbestos Litigation" or "All Asbestos Cases Filed by [Plaintiff's Firm]" are effective only as to all parties served and noticed of same.

WARNINGCivil cases

Applies to

Discovery production

Information or a document produced by a defendant to a plaintiffs’ lawyer or firm is deemed produced in all other existing and future asbestos cases handled by that lawyer or firm.

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.

WARNING

Service

Electronic service

E-service is transmission through the vendor and cannot confer jurisdiction when the law requires personal service.

Electronic Service (“e-service”) – An electronic transmission of documents to a party, attorney or representative in a case via the vendor. However, e-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNINGCivil cases

Such authorizations should be executed to allow the DMD and defense firms to collect records and materials, but should not be served on the parties as the DMD may require such authorizations to collect records and materials and the authorizations may contain Social Security numbers and other such confidential information.

Such authorizations should be executed to allow the DMD and defense firms to collect records and materials, but should not be served on the parties as the DMD may require such authorizations to collect records and materials and the authorizations may contain Social Security numbers and other such confidential information.

WARNINGCivil cases

Applies to

Written discovery requests

Counsel should avoid duplicative discovery on behalf of different plaintiffs or plaintiff groups.

Duplicative discovery on behalf of different plaintiffs or groups of plaintiffs is to be avoided.

WARNINGCivil cases

The Court may allow a Claimant who meets the removal criteria to remain on the Registry only upon the Claimant’s motion and notice to all Defendants, and only in special circumstances for good cause.

Upon motion of a Claimant and notice to all Defendants, the Court may, in special circumstances and for good cause shown, permit a Claimant who meets the criteria for removal from the Registry to remain on the Registry.

WARNINGCivil cases

A defendant's filing of a record, document, or tangible item in the Records Depository does not effect service on plaintiffs because they are not members of the Depository.

The filing by a defendant of a record, document or tangible item in the Records Depository is ineffective as service upon a plaintiff or plaintiffs because plaintiffs are not members of the Records Depository.

WARNINGCivil cases

Each party must review the proposed deposition and advise opposing counsel whether it objects to its use instead of a new deposition.

Each party will then review the deposition and advise opposing counsel whether there is any objection to use of the proffered deposition, in lieu of a new deposition of the witness.

WARNINGCivil cases

If a defendant has not been served within 90 days after filing, the Court may, in its discretion, dismiss the case as to that unserved defendant for lack of diligence.

If one or more defendants have not been served within 90 days from the date of filing, the Court may in its discretion dismiss the case as to unserved defendants for lack of diligence.

WARNINGCivil cases

Duplicative discovery requests on behalf of different plaintiffs or plaintiff groups should be avoided.

Duplicative discovery on behalf of different plaintiffs or groups of plaintiffs is to be avoided.

WARNINGCivil cases

Medical records should also be served, redacted as necessary, when practical.

Medical records, redacted as necessary, should also be served where it is practical to do so.

WARNINGCivil cases

Service

Electronic service

Access to the electronic service system is limited to registered Court personnel, counsel of record, and their law-firm designees, who receive a username and password from LNFS.

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. LNFS will provide each registered user with a username and password to access the system. LNFS personnel will perform all administrative functions for the system.

WARNINGCivil cases

All parties must serve their expert-witness lists and any required disclosures unless the stated master-list exception applies.

(i) all parties shall file and serve lists of expert witnesses (and disclosures if called for herein) unless a master expert witness list was filed as provided in Section II.A.1(b)ii above;

WARNINGCivil cases

The Order and notices of proposed amendments must be published.

This Order shall be published and its provisions shall be incorporated into and made a part of the rules of the Third Judicial Circuit, Madison County, Illinois and the Madison County Standing Order. Notice of any proposed amendments to this Order shall also be published.

WARNINGCivil cases

Service

Electronic service to all parties

Medical records, redacted as necessary, should also be served via LexisNexis (or other method of electronic service) where it is practical to do so.

Medical records, redacted as necessary, should also be served via LexisNexis (or other method of electronic service) where it is practical to do so.

WARNINGCivil cases

Service

Electronic service to all parties

Where the filing with the CRD is of a document other than medical records, the document or record itself, redacted as necessary, should also be served via LexisNexis or other agreed to method of electronic service on all parties of record.

Where the filing with the CRD is of a document other than medical records, the document or record itself, redacted as necessary, should also be served via LexisNexis or other agreed to method of electronic service on all parties of record.

WARNING

Service

Electronic service

The vendor must maintain an e-service list for each e-filed case, immediately update it when given new contact information, and use the current list for service.

The e-filing Vendor is required to maintain an e-service list for each e-filed case. The Vendor shall immediately update the service list upon being given notice of new contact information. Whenever a document is submitted for service upon other parties by the e- filing Vendor’s system, the e-filing Vendor shall use the most current e-service list to perform service.

WARNINGCivil cases

Applies to

General written discovery requests

After a defendant responds to a firm's general written discovery, that firm may serve additional general discovery requests on the defendant only by agreement or with leave of court.

Once a defendant has responded to general written discovery served by a particular Plaintiff's firm, that Plaintiff's firm may not serve that defendant with additional general discovery requests except by agreement or with leave of court.

WARNINGCivil cases

Each defendant and plaintiff must make the listed depositions available to other counsel.

Each defendant and plaintiff shall make such deposition available to other counsel.

WARNINGCivil cases

A party conducting an evidence deposition may videotape it if proper notice is given to the opposing parties.

The party conducting the evidence deposition may videotape the deposition with proper notice to the opposing parties.

WARNING

Service

Electronic service

E-service transmits documents through the vendor but does not confer jurisdiction when the law requires personal service.

Electronic Service (“e-service”) – An electronic transmission of documents to a party, attorney or representative in a case via the vendor. However, e-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.

WARNINGCivil cases

Applies to

Notice of deposition

Serving a corresponding notice of deposition constitutes acceptance of the tender.

Service of a corresponding notice of deposition is acceptance of a tender.

INFOCivil cases

Service

Electronic service

The Court encourages parties to use an electronic notification system such as LexisNexis whenever possible.

The Court encourages the parties to utilize an electronic notification system such as LexisNexis, wherever possible.

INFOCivil cases

Service

Electronic service

LNFS converts documents to Adobe Portable Document Format and makes them available to parties on its website.

LNFS will convert all documents into Adobe Portable Document Format and make them available to parties on an Internet web site maintained by LNFS (―the Website‖).

INFO

Applies to

Appellate and post judgment enforcement documents and notices

Appellate and post-judgment enforcement documents and notices may be served conventionally or through e-filing.

All appellate and post-judgment enforcement proceeding documents and notices may be filed and served in the conventional manner or by means of e-filing.

INFOCivil cases

The motion to expedite and its hearing notice may be served together with the complaint.

The motion to expedite and a notice of hearing on the motion may be served along with the complaint.

INFOCivil cases

Service

Mail

Notice of the Initial Intake Conference date, time, and location will be provided by mail.

Notice of the date, time and location of that meeting will be provided to by mail.

INFOCivil cases

Counsel may inspect or obtain copies of transcripts they do not already possess, at their own expense and at reasonable cost.

Counsel for any party may inspect or have copies, at his expense and at reasonable cost, any transcript which he does not already have in his possession, custody or control.

INFOCivil cases

All parties may use the GRD established and maintained by certain defendants.

Certain defendants have established and maintained the GRD which may be utilized by all parties.