- Local Court Rules
- Chapter 5 Probate
- Part 2.00 Proceedings Before Trial
Part 2.00 Proceedings Before Trial
5-2.01 Appearances, Jury DemandsA. Attorneys appearing in any matter shall file an Appearance form in a separate document which includes in typewritten form or in legible printing the attorney’s name, address, telephone number, e-mail and State of Illinois attorney registration number. A self-represented litigant appearing in any matter shall file an Appearance form in a separate document, which includes in typewritten form or in legible printing, the self-represented litigant’s name, mailing address, and telephone number. Additionally, a self-represented litigant may designate a single e-mail address to which service may be directed. 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.
B. A written Jury Demand filed by a party in any matter shall be contained in a separate document, and the Clerk of the Circuit Court shall not record any Jury Demand not so filed.
5-2.02 Pleadings to be Readily ComprehensibleA. Pages of all pleadings shall be numbered. Paragraphs and factual allegations in pleadings shall be numbered and each paragraph shall contain only one factual allegation.
B. 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.
C. Incorporation of facts by reference is permitted pursuant to Supreme Court Rule 134, provided the pleading remains readily comprehensible.
D. The Court may order a consolidation of pleadings into one finished comprehensible set.
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5-2.03 Reassignment of CasesA. Any case being re-filed under a 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.
B. Upon the filing of any Declaratory Judgment action, the case shall be assigned to the Judge assigned to the underlying case.
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5-2.04 Written InterrogatoriesA party may serve written Interrogatories pursuant to Supreme Court Rule 213. Except to the extent that a different limitation is imposed pursuant to Supreme Court Rule or the Code of Civil Procedure, no party may serve more than thirty Interrogatories, including subparts, during the pendency of the case.
5-2.05 Discovery DocumentsA. Unless otherwise ordered by the Court, Depositions, Interrogatories, requests, Answers or Responses, and other Discovery documents shall not be filed except as necessary to resolve disputed issues of procedure, fact, or substantive law or pursuant to Supreme Court Rule 201(o) or 207.
B. Discovery documents and Notice of Filing shall be served pursuant to Supreme Court Rules 11 and 12. The Proof of Service, shall be prima facie evidence that such document was served. When a party issues a Subpoena for documents pursuant to Supreme Court Rule 204(a)(4), that party shall file Notice and Proof of Service upon all remaining parties certifying that copies of such documents were provided to those parties at their expense or that specified parties have declined copies.
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5-2.06 Days for Taking Depositions/AttendanceA. Unless otherwise agreed by the parties or ordered by the Court, depositions shall not be taken on Saturdays, Sundays or Court holidays, shall be noticed to be taken no earlier than 8:30 a.m., and 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.
5-2.07 Apportionment of Time, DepositionExcept 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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5-2.08 Seasonably Updating Discovery
Supreme Court Rules 213(i) and 214 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 sixty days or more in the future, the party discovering the new information and/or documents that must be disclosed to the opposing party(ies), shall tender the information as soon as practicable, but in any event no later than fourteen days after discovering the information.
B. When the trial is less than sixty days in the future, the party discovering new information and/or documents that 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 tender 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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5-2.09 Local Subpoena Rules, Pretrial DiscoveryA. Upon request, the Clerk of the Circuit Court shall issue a Subpoena limited to the production of specified documents, objects or tangible things. A Subpoena, whether issued by the Clerk of Court or an attorney, shall direct the person or entity to whom the Subpoena 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. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules. A copy of said Subpoena and Proof of Service shall be served within forty-eight hours of issuance upon all parties who have appeared in the action.
C. 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 delivery to the deponent or his authorized agent by certified or registered mail at least seven days before the date on which compliance is required, and an 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. Any 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. No Subpoena issued under this provision may be returnable less than seven days following its date of service. Within said seven days, any party may timely object to the Subpoena and, for good cause shown by the objecting party, the Court may quash the Subpoena, or impose such conditions or limitations as the Court deems equitable.
F. 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 business days following receipt of the subpoenaed materials.
G. 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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5-2.10 Progress CallsThe 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 self-represented litigant who has filed an Appearance that the case will be called on a date certain for the purpose of a Case Management Conference. A failure to appear at such progress call shall constitute grounds for dismissal except for good cause shown.
5-2.11 Supreme Court Rule 218 Case Management ConferenceSupreme Court Rule 218 Case Management Procedures are mandatory for Law and Family cases. In all other civil matters, Rule 218 conferences shall be governed by Local Court Rule, Administrative Order of the Chief Judge or, in their absence, by the discretion of the assigned Judge and shall be scheduled at the discretion of the Court.
5-2.12 Dismissal for Want of Prosecution/Inactive Docket
A. In all civil cases, except for cases governed by a separate Local Court Rule, where no appeal is pending and there has been no action of record for a period of one year, the Court may summarily dismiss the cause of action.
B. In all cases subject to mandatory arbitration pursuant to Supreme Court Rule 86 et.seq., where no appeal is pending and there has been no action of record for a period of forty-five days, the Court may summarily dismiss the cause of action.
C. Whenever the Probate Court determines that there has been no action of record for a period not less than one year, or determines that a representative has failed to comply with the provisions of LCR 5-3.06, the Court may order transfer of the estate to an inactive docket or dismiss the case for want of prosecution. The case shall thereafter be designated closed by the Clerk of the Circuit Court. The estate may be reopened and removed from the inactive docket on the Motion and Order of the Court.
D. In all Small Claims cases where there has been no action of record for a period of forty-five days, the Court may summarily dismiss the cause of action.
E. Upon dismissal of any cause for want of prosecution, the Clerk of the Circuit Court shall give all self-represented litigants and all attorneys of record Notice of the dismissal by regular U.S. Mail within ten days of the dismissal. A copy of the Notice with the Clerk’s certificate of mailing shall be made of record.
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5-2.13 Trial CalendarA. Each division of Court shall keep and maintain such calendars of cases for trial as shall be designated by Administrative Order.
B. 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 other sanctions as set forth in the Supreme Court Rules.
5-2.14 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 required.
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 delay 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.
C. If any party files a Motion which raises the issue of reasonableness of a physician’s fee for testimony at a deposition or at trial, the Court may issue an Order to be served upon the physician, requiring the physician to demonstrate by records or in person that the fee requested is reasonable.
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