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19th Judicial Circuit > Resources > Local Court Rules: Part 3 - Proceedings Before Trial
 

PART 3.00  PROCEEDINGS BEFORE TRIAL


3.01 (Amended) APPEARANCES, JURY DEMANDS

Amendment to Rule 3.01, APPEARANCE, JURY DEMANDS Of Part 3.00, PROCEEDINGS BEFORE TRIAL, of the Uniform Rules of Practice, Circuit Court of Illinois, Nineteenth Judicial Circuit. 
3.01 APPEARANCES, JURY DEMANDS

A. Attorneys appearing in any matter shall file a separate Appearance Form, which includes in typewritten form or in legible printing the attorney’s name, office address, telephone number and attorney registration number. If the attorney wishes to consent to email service pursuant to Supreme Court Rule 11(b)(6), a designated email address shall be included on the appearance as well.  When an appearance is filed by other than a sole practitioner, the name of an individual attorney responsible for trial of the cause shall be designated.

  Amended by the Circuit Judges
of the Nineteenth Judicial Circuit
this 11th day of February, 2013
and effective immediately.

B. A written Jury Demand filed by a party in any matter shall be contained in a separate document, and the Clerk of the Court shall not record any jury demand not so filed.

C. In any civil matter, including D and F cases, the claimant/plaintiff/petitioner shall file the appropriate Certificate of Attorney identifying the type of case being filed.  Each division within the Circuit Court of Lake County may develop its own Certificate of Attorney.

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3.02 PLEADINGS TO BE READILY COMPREHENSIBLE

A. Multiple Count Pleadings. If a pleading contains multiple counts or affirmative defenses, each count or defense shall bear a short title concisely stating the theory of liability or defense. If the pleading is filed on behalf of or against multiple parties and all such parties are not asserting the same claims or defenses as to all opposing parties, the title of each count or defense shall also concisely designate the subgroup of parties to whom it pertains.

B. Incorporation by Reference. If the incorporation of facts by reference to another pleading or to another part of the same pleading will cause a pleading not to be readily comprehensible, such facts shall be realleged verbatim. This rule does not prohibit the incorporation of facts as permitted by Supreme Court Rule 134 provided that the pleading remains readily comprehensible.

C. The Court may order a consolidation of pleadings into one finished comprehensible set.

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3.03 WRITTEN INTERROGATORIES

Standard Form and Procedure. The party serving written interrogatories shall provide two copies to each party required to answer the interrogatories. Each copy shall include sufficient space for an answer immediately following each interrogatory. Except to the extent that a greater limitation is imposed pursuant to Supreme Court Rule or the Code of Civil Procedure, no party may serve more than thirty (30) interrogatories, including subparts, upon any other party, without leave of Court or agreement of the parties. This limitation is an aggregate one during the life of any case.

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3.04 DISCOVERY DOCUMENTS

A. Restrictive Filing. Unless otherwise ordered by the Court, depositions, interrogatories, requests, answers or responses thereto and other discovery documents shall not be filed with the Clerk of the Court except as necessary to resolve disputed issues of procedure, fact, or substantive law or pursuant to Supreme Court Rule 207.

B. Proof of Servicing and Answering Discovery Documents. Discovery documents and notice of filing may be served and answered personally or by U.S. Mail or by facsimile transmission. Proof of service, notice of filing and answering discovery documents, filed with the Clerk of the Court, shall contain the case title and number, date mailed or personally serviced, the sending and receiving parties and adequately identify the particular discovery document being served or answered. The proof of service or answer, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered. When a party receives a document under Supreme Court Rule 204(a)(4), that party shall file with the Clerk of Court notice and proof of service upon all remaining parties certifying that copies of any such document have been provided to those parties at their expense or that specified parties have declined copies.

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3.05 DAYS FOR TAKING DEPOSITIONS/ATTENDANCE

A. Unless otherwise agreed by the parties or ordered by the Court, depositions shall not be taken on Saturdays, Sundays or Court holidays and shall be noticed to be taken no earlier than 8:30 a.m., unless otherwise agreed, any deposition shall be concluded or recessed not later than 6:00 p.m.

B. In the absence of agreement of all parties attending a deposition, or Order of Court, only the parties, including a representative of a corporation, partnership or like entity, the parent or next friend of a minor, attorneys of record and purely consulting experts may attend discovery depositions.

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3.06 APPORTIONMENT OF TIME, DEPOSITION

Except by court order, the parties to a deposition shall apportion the time among themselves prior to the start of any deposition. Absent agreement, time shall be equally divided among the parties, excluding the party being deposed, without prejudice to brief clarification.

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3.07 SEASONABLY UPDATING DISCOVERY

Supreme Court Rule 213(i), 214 and 222(c) require a party to seasonably supplement or amend prior answers, responses or disclosures whenever new or additional information becomes known to that party.

Pursuant to said rules, every party shall have the duty to seasonably supplement through trial.

“Seasonably” shall be defined in the following terms:

A. When the trial is more than sixty (60) days away in the future, the party discovering the new information and/or documents, which must be disclosed to the opposing party(ies), shall tender the information as soon as practicable, but in any event no later than fourteen (14) days of discovering the information.

B. When the trial is less than sixty (60) days away in the future, the party discovering the new information and/or documents, which must be disclosed to the opposing party(ies), shall tender the information immediately and without delay.

C. When the information and/or documents are discovered during trial, the party(ies) shall supplement immediately and without delay.

Any party who fails to comply with this rule is subject to sanctions under Supreme Court Rule 219.

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3.08 COMPLIANCE WITH SUPREME COURT RULE 222

A plaintiff shall comply with the disclosure requirements of Supreme Court Rule 222 at the time the Complaint is filed, and each defendant shall so comply within thirty (30) days of filing an Answer.

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3.09 LOCAL SUBPOENA RULES, PRETRIAL DISCOVERY

A. Subpoena for Production of Specified Documents, Object or Tangible Things. Upon request, the Clerk of the Court shall issue a subpoena limited to the production of specified documents, objects or tangible things. The subpoena shall direct the person or entity to whom it is directed to produce the designated documents, objects or tangible things. Any item may be sought which constitutes or contains evidence relating to any of the matters within the scope of the examination permitted under the Supreme Court Rules. No oral examination of any person served or responding to a subpoena issued pursuant to this rule is permitted.

B. Service of Subpoena. Subpoenas issued pursuant to this rule shall be served in accordance with the Supreme Court rules. A copy of said subpoena and notice of service shall be served within forty-eight (48) hours of issuance upon all parties who have appeared in the action.

C. Compliance. The recipient of a subpoena who has actual or constructive possession or control of the specified documents, objects or tangible things sought by the subpoena shall respond to any lawful subpoena of which he has actual knowledge, if payment of the fee and mileage has been tendered. Service of a subpoena by mail may be proved prima facie by return receipt showing deliver to the deponent or his authorized agent by certified or registered mail at least fourteen (14) days before the date on which compliance is required and affidavit showing that the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, with a check or money order for the fee and mileage enclosed.

The recipient of the subpoena who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with said subpoena, without personal appearance, by forwarding complete and legible copies, by first class, prepaid mail to the party or attorney causing the subpoena to have been issued. The person or custodian of records of the entity responding to the subpoena shall certify in writing that compliance is complete and accurate.

D. Subpoena – Required Legend. A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto:

YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA TO THE PARTY OR LAW FIRM WHOSE ADDRESS APPEARS BELOW. COMPLIANCE BY MAIL REQUIRES A CERTIFICATION THAT THE DOCUMENTS, OBJECTS OR TANGIBLE THINGS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY SAID SUBPOENA.

DO NOT FORWARD MATERIALS BEFORE DATE STATED ON SUBPOENA.

E. Objections. No subpoena issued under this provision may be returnable less than fourteen (14) days following its date of service. Within said fourteen (14) days, any party may timely object to the utilization of the subpoena and, for good cause shown by the objecting party, the Court may quash said subpoena, or impose such conditions or limitations as the Court deems equitable.

F. Costs and Copies. The party causing the subpoena to be issued shall be liable to the party subpoenaed for the reasonable costs of copying or reproduction. The Court may enter such orders as may be necessary to enforce the payment of said copying costs, or apply any sanction authorized by Supreme Court Rule 219.

Any party may request copies of all materials obtained by any party pursuant to this rule. Expenses of copying shall be borne by the party requesting copies, and said materials shall be reproduced and forwarded to the requesting party not less than ten (10) business days following receipt of the subpoenaed materials.

G. Failure to Comply with Subpoena. If a party or person unreasonably refuses to comply with this rule, or any order entered under this rule, the Court may find said person or party in contempt and punish said party or person accordingly, and may impose any sanction authorized by Supreme Court Rule 219.

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3.10 PROGRESS CALLS

The Chief Judge, by Administrative Order, may provide for regular progress calls of cases filed in the Civil and Family Divisions. In connection with such a progress call, the judge shall request the Clerk to notify the attorneys of record or parties who have filed an appearance pro se that the case will be called on a date certain when it will be dismissed on motion of the Court except for good cause shown. The notice for such a special progress call may specify that the hearing shall be for the purpose of a pretrial conference under Supreme Court Rule 218. A failure to appear at such progress call shall constitute grounds for dismissal.

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3.11 SUPREME COURT RULE 218 CASE MANAGEMENT CONFERENCE

Supreme Court Rule 218 Case Management Procedures are mandatory only for Law cases. In all other civil matters, Rule 218 conferences shall be governed by Circuit Court Rule, Administrative Order of the Chief Judge or, in their absence, by the discretion of the assigned judge.

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3.12 (Amended) PROCEDURES FOR INITIAL CASE MANAGEMENT CONFERENCE
        IN LAW CASES (ad damnum over $50,000)

Amendment to Rule 3.12,  PROCEDURES FOR INITIAL CASE MANAGEMENT CONFERENCE IN LAW CASES (ad damnum over $50,000) of Part 3.00, PROCEDURES BEFORE TRIAL, of the Uniform Rules of Practice, Circuit Court of Illinois, Nineteenth Judicial Circuit.

 
A. In all Law cases, at the time of filing of the initial complaint, the Clerk shall stamp on all complaints and summons a time and date for an Initial Case Management Conference. Said date shall be approximately seventy-five days (75) from the date of filing of the initial Complaint. In setting the Conference, the Clerk shall choose from those dates and times provided by the administrative office. The assigned date and time shall be incorporated into the following notice:

NOTICE
PURSUANT TO LOCAL RULE 3.12

THIS CASE IS HEREBY SET FOR A SCHEDULING
CONFERENCE IN COURTROOM _____ ON
____________________, _____, AT _____ AM/PM.

FAILURE TO APPEAR MAY RESULT IN THE CASE
BEING DISMISSED OR AN ORDER OF DEFAULT
BEING ENTERED.

B. If the parties are “at issue” more than thirty-five (35) days prior to the scheduled Conference, it shall be the obligation of the plaintiff(s) to appear before the assigned judge within seven (7) to ten (10) days of being at issue for the purpose of setting the matter for an Initial Case Management Conference. Proper notice shall be sent to all appearing parties. The parties shall be considered “at issue” when the last required answer is filed.

C. Prior to the Initial Case Management Conference, the parties shall confer and plaintiffs shall prepare an Initial Case Management Memorandum to be presented at the time of conference. The Initial Case Management Conference Memorandum shall conform to the form available fro m the Circuit Clerk’s Office. Unless otherwise specified by the Court, the Initial Case Management Memorandum is not to be filed as part of the common law case record.

D. In all Law cases, the party filing the initial pleading is required to maintain a lower or bottom margin of no less than two and one-quarter (2¼”) inches on the first page of the initial pleading, and all copies thereof, so as to allow sufficient space for the Clerk to affix the case management conference notice.

  Amended by the Circuit Judges
of the Nineteenth Judicial Circuit
this 17th day of May, 2010
and effective July 1, 2010.

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3.13 TRIAL CALENDAR

A. Trial Calendars. Each division of court shall keep and maintain such calendars of cases for trial as shall be designated by Administrative Order.

B. Failure to Proceed. Failure of a party to be ready when the case is reached for trial will subject the cause to dismissal for want of prosecution or judgment by default, or other sanctions as set forth in the Supreme Court Rules.

C. Any case being refilled under the new number after a voluntary or involuntary dismissal, shall be assigned to the judge who was assigned to the original dismissed case and placed in the same procedural posture as the original case. Upon the filing of any declaratory action shall be assigned to the judge assigned to the substantive case. The Clerk of the Circuit Court shall require a certificate to be filed with all original documents filed in Law cases and Miscellaneous Remedies declaratory judgment cases.

D. Cases Defaulted. In cases defaulted, proofs may be offered at a time convenient to the Court and counsel.

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3.14 STIPULATIONS

All stipulations in relation to pleadings, dismissals or statement of facts to be used in the trial of any cause must be reduced to writing and signed by the parties or the attorneys, and filed in the cause or dictated to the court reporter during trial or hearing of the same.

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3.15 MEDICAL EXPERTS

A. Charges for medical-legal services should be no higher than a physician’s charges for other medical services, and shall be computed having due regard for the time, effort and skill consumed. Such fees shall neither be so high as to prevent the patient from obtaining the physician’s medical-legal services, nor so high as to give the appearance that the physician is attempting to capitalize on the patient’s legal problem.

B. A physician, who has not been paid for treatment rendered to a patient, should still cooperate fully with the patient’s attorney. The physician should neither refuse nor slow down the submission of medical records or reports, participation in conferences with the attorneys, testimony at depositions or trial, or any other actions necessary to the resolution of the patient’s legal claim. Similarly, the physician should not vary the fees normally charged for these services.

C. If any party files a motion which raises the issue or reasonableness or a physician’s fee for testimony at a deposition or at trial, the Court shall issue an order to be served upon the physician, requiring him to demonstrate by records or in person that the fee requested is reasonable.

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