Cook County Judges

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Local Rules for judges in civil cases

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Each judge is allowed to make rules for his courtroom and also follows rules that are made by the chief judge and posted on the Cook County Courts website.  Every litigant should be familiar with IL Supreme Court Rules, their local county court’s rules, and the individual judge’s local rules. A litigant should pick up a copy of the local rules from the particular judge’s clerk no later than at their first appearance before the judge.

An example of a judge’s rules is as  follows. This is ONLY FOR JUDGE RAYMOND W. MITCHELL and is current as of APRIL 7, 2011:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT – LAW DIVISION
JUDGE RAYMOND W. MITCHELL
STANDING ORDER
APRIL 7, 2011
This Standing Order supercedes all prior Standing Orders regarding pending
cases assigned to Calendar S of the Law Division in Room 2004, Richard J. Daley
Center, Chicago. All prior Standing Orders of this Calendar are hereby vacated.
The purpose of this Standing Order is to establish a general pre-trial and trial
procedure intended to aid in the timely resolution of matters assigned to this
calendar. Where special circumstances exist that warrant modification, those
cases will be handled according to the specific needs presented.
It is the intention of the court that all court personnel, including the
judge, be of assistance to all attorneys and all litigants who have business
before the court. If you have questions concerning the requirements of this
order, the scheduling of matters before the court, or other matters with which
we are permitted to be of assistance, please ask.
A. CASE MANAGEMENT CONFERENCES
Cases will be set for case management conferences from time to time by
order of the court. Case management conferences may relate to progression of a
case toward trial, settlement, mediation or other ultimate disposition.
1. INITIAL CASE MANAGEMENT CONFERENCE
a. Newly Filed Cases
Approximately ninety (90) days after the
filing of each case assigned to this court’s calendar (Calendar S), the clerk of
the court will notify parties’ counsel or
pro se
litigants who appeared of an initial case management
conference, which is held approximately one hundred and twenty (120) days after
the initial filing date. The notice will specify the date and time of the
hearing. Notice of the initial case management conference is also published in
the Chicago Daily Law Bulletin.
At the initial case management conference,
counsel
familiar with the case, or
pro se
litigants,
must
appear
and
must
be
prepared to inform the court of the status of service of process upon all named
parties, including all efforts that have been undertaken to locate and serve all
unserved defendants, the status of the pleadings and the status of ongoing
discovery. The plaintiff’s attorney may move for the appointment of a special
process server to be heard at the time of the initial case management
conference, or counsel may otherwise file a routine motion for appointment of a
special process server well in advance of the initial case management
conference. 2
If it appears to the court that one or more
defendants have not been served, the court may continue the case for an
additional case management conference at which time the plaintiff or plaintiff’s
counsel shall be prepared to report on all steps that have been taken to serve
all unserved defendants. If it should become apparent to the court that the
plaintiff is not exercising reasonable diligence to effectuate service of
process, the court may invoke the provisions of Supreme Court Rule (S. Ct. R.)
103(b) on the court’s own motion at the case management conference.
b. Pending Cases Assigned to Individual
Commercial Calendar
The plaintiff shall prepare a Pre-Trial
Memorandum (Circuit Court Form CCL-56, which can be found in Room 801 of the
Daley Center), and circulate that memorandum to all other parties at least two
court days prior to the case’s initial case management conference. Plaintiff
shall present the memorandum to the court at the initial case management
conference.
Counsel familiar with the case
must appear for all parties represented
by counsel.
Pro se litigants must also appear. At the
initial case management conference before this calendar, all parties must be
prepared to inform the court of all contemplated discovery, both written and
oral, and the length of time that each party estimates will be necessary for the
completion of discovery.
The parties should also be prepared to report to the court the status of
the pleadings, and any pending or contemplated pre-trial motions and other
matters mandated by S. Ct. R. 218.
At the parties’ first case management conference, the court will commence
to supervise the discovery process, including the entry of orders compelling
compliance with outstanding discovery requests.
2. REGULAR CASE MANAGEMENT CONFERENCE CALL
Cases will be continued for further case management conferences to 1)
afford the court an opportunity to monitor the status of all cases, 2) enable
the court to enter such orders as it deems appropriate, and 3) facilitate proper
discovery and pre-trial motion practice with a view to expeditiously and
reasonably get cases ready for trial or for other disposition.
Repeated failure to attend scheduled case management conferences may result
in the entry of an order dismissing the case for want of prosecution, an order
of default, or other appropriate sanctions pursuant to S. Ct. R. 218 and S. Ct.
R. 219.
B. PRE-TRIAL SETTLEMENT CONFERENCES
The court strongly encourages all parties to, in good faith, explore and
negotiate settlements of their cases. In most circumstances, freely negotiated
settlements result in a 3
more satisfactory resolution of the dispute at a much lower cost. If the
court can assist the parties in their settlement negotiations at any stage of
the pre-trial process, it stands ready to do so. After conferring with all other
parties and having obtained a consensus that a Pre-Trial Settlement Conference
may be of assistance, any party may move the court to set a Pre-Trial Settlement
Conference.
Before the court participates in a settlement conference, the court will
expect the parties to attempt settlement between or among themselves.
Pre-Trial Settlement Conferences may be continued from time to time, so
long as the court is of a belief that progress toward settlement is being made.
The court may set the case for trial on a date certain, whether or not a
Pre-Trial Settlement Conference is to be conducted.
C. MEDIATION OF MAJOR CASES (CIRCUIT COURT OF COOK COUNTY RULE 20)
Any Law Division case, irrespective of its filing date, procedural posture
or discovery status, may be submitted for voluntary mediation. Mediation is a
confidential process by which a neutral mediator, selected by the parties or
selected by or with the assistance of the court, assists the litigants in
reaching a mutually acceptable agreement. The role of the mediator is to assist
the parties in identifying issues, reducing misunderstandings, exploring and
clarifying the parties’ respective interests and priorities, and identifying and
exploring possible solutions that will satisfy the interests of all parties and
thereby resolve some or all of the issues in dispute. The parties and their
representatives are required to mediate in good faith, but are not compelled to
reach any agreement.
The judge to whom the matter is assigned may order any contested civil
matter pending in the Law Division to mediation by entering an Order of
Referral. An Order of Referral may be entered
sua sponte or upon the motion of any party. Further,
the parties may file a written stipulation to mediate any case or issue between
them at any time and such shall be incorporated into the Order of Referral.
Each Order of Referral shall set a court appearance for the twenty-first
day following the date of entry of the Order of Referral (unless that date falls
on a court holiday, in which case the Order of Referral shall set the court
appearance for the first court day following that court holiday), or as
otherwise determined by the court. Please refer to Circuit Court of Cook County
Rule 20 for more information regarding this process.
D. FINAL PRE-TRIAL CONFERENCES (JURY TRIALS ONLY)
The following provisions and orders apply only to cases in which a jury has
been demanded. 4
At the same time the court sets a trial date, or shortly thereafter, the
court will also set one or more Final Pre-Trial Conferences. At the first Final
Pre-Trial Conference, plaintiff shall file a Final Pre-Trial Memorandum with the
court. The purpose of the Final Pre-Trial Memorandum is to limit the issues to
be decided at trial. This will ensure that parties engage in essential trial
preparation in a timely fashion, and it will help eliminate the possibility of a
delay during trial. At least ten (10) court days prior to the first Final
Pre-Trial Conference, plaintiff’s attorney or plaintiff
pro se shall serve all counsel of record a
proposed Final Pre-Trial Memorandum.
The Final Pre-Trial Memorandum Shall Contain the Following:
1. Statement of the Case:
A short
proposed statement of the case for use in jury selection.
The
statement of the case should be designed to briefly inform the
venire
of the nature of the case to which
they have been assigned for jury selection. It should not go into great detail.
Counsel for all
parties, or
pro se
litigants,
must, in advance of the first Final Pre-Trial Conference, attempt to agree on
the proposed statement of the case.
If the parties are unable to agree, each
must submit their own proposed statement of the case for use in jury selection,
but the court expects the agreement of all parties.
2. Statement of Stipulated Facts:
A statement of
all facts stipulated to between the parties.
3. Supreme Court Rule 216: If the stipulation
is by way of an admission pursuant to S. Ct. R. 216 Admissions of Fact or
Genuineness of Documents the request(s) and response(s) should be included.
4. Exhibit Lists:
A list of all
exhibits that parties intend to use or offer into evidence.
Each
party shall prepare and provide to each other party a list of all exhibits. All
exhibits shall be listed according to the number that the party offering the
exhibits intends to use at trial. Opposite each exhibit, the party preparing the
memorandum shall indicate whether a stipulation has been entered into regarding
the authentication of the exhibit, or whether foundation testimony for its
admission has been waived.
5. Witness Lists:
A list of all
potential witnesses expected to be called by each party, the expected order in
which such witnesses will be called, and the estimated duration in time of the
direct and cross-examination of each witness.
6. Deposition Transcripts and Recorded Testimony: If recorded testimony is
to be used and the court needs to make rulings on objections, the proponent of
the testimony should list the witness and indicate the rulings that will be
needed. The proponent should bring copies of the transcript to the Final
Pre-Trial Conference.
(Note: You must provide your own court
reporter if you desire to have a court reporter present.)
7. Motions in Limine:
A motion
raised before or during trial to exclude the presentation of certain evidence to
the jury.
Each of the parties will serve opposing 5
counsel with motions in limine at least ten
(10) days prior to the first Final Pre-trial Conference. After each motion,
there should be an indication as to whether parties agree to or contest the
motion. Each party is to prepare, if at all, a single motion in limine listing
in separate paragraphs each item of relief requested and a brief reference to
the case(s) supporting such relief. As to relief directed to the opinion
testimony of expert witnesses, the motion must contain specific references to
the opinions to which the witnesses are to be limited.
(Note: The court will not entertain generalized requests to limit the
testimony of an expert to those opinions expressed during discovery. The
response of each party to every other party’s motion in limine shall
specifically state upon which items there is agreement and upon which items
there are objections. Regarding those items of relief to which there are
objections, the response shall state the basis for the objection, a brief
reference to the cases supporting the objection, and a reference to and copy of
all discovery material supporting the objection.)
8. S. Ct. R. 237 Requests to Produce at Trial. At least seven (7) days
prior to the first Final Pre-trial Conference, parties will prepare and deliver
to the court, counsel for all parties, and
pro se litigants a statement of all outstanding
disputes regarding requests to produce at trial pursuant to S. Ct. R 237. Each
party desiring an opposing party to produce either materials or witnesses at
trial pursuant to S. Ct. R. 237 is to serve the opposing party with notice in
adequate time so that the request to produce can be discussed at a meeting
between counsel prior to the preparation of the first Final Pre-trial
Conference. Counsel will make a good faith effort to determine if there are any
issues regarding S. Ct. R. 237 requests to produce at trial and resolve them by
agreement.
9. Jury Instructions. Plaintiff must deliver one marked copy of proposed
jury instructions to the counsel for each opposing party, or
pro se litigant; the copy must be sorted in the
order of the Illinois Pattern Jury Instruction (IPI) numbers, and plaintiff’s
counsel, or
pro se plaintiff, shall deliver two copies of a
set of verdict forms to each other counsel or
pro se litigant at least ten (10) days prior to
the first Final Pre-Trial conference. If a party submits non-IPI instructions,
the party must submit these instructions following the tendered verdict forms.
(Note: The plaintiff’s counsel or
pro se plaintiff shall have the initial burden
of tendering jury instructions. Plaintiff’s counsel, or
pro se plaintiff, shall provide a copy of the
proposed instructions, along with the rest of the proposed Final Pre-Trial
Memorandum, at a meeting of counsel (including parties
pro se) at least ten (10) days prior to the
first Final Pre-Trial Conference. Defendant’s counsel, or
pro se litigants, shall provide copies of any
additional instructions to the plaintiff at least six (6) days prior to the
Final Pre-Trial Conference, and such copies should be included in the first
Final Pre-Trial Memorandum. Should plaintiff’s counsel, or
pro se plaintiff, fail to propose jury
instructions, defendant’s counsel or
pro se litigant shall be responsible for
proposing jury instructions. The failure of a party to tender jury instructions
in accordance with this order may be taken by the court as a waiver of the jury
demand.)
9. Attorney’s Conference. Ten (10) or more days before the first scheduled
Final Pre-Trial Conference, the attorneys representing each party and parties
pro se shall meet 6
at the office of the attorney for the plaintiff, or as otherwise mutually
agreed, to exchange exhibit lists, proposed jury instructions and motions in
limine. Additionally, in advance of
voir dire, parties shall discuss the proposed
statement of facts to be read to prospective jurors, the allocation of
peremptory challenges, and the necessity, if any, to impanel alternate jurors.
Within five (5) court days following the meeting of all counsel, each
party’s attorney and each
pro se litigant shall forward to every other
counsel, or
pro se litigant, their response(s) to all
motions in limine and an indication regarding objections to any exhibits and
proposed jury instructions.
10. Final Pre-Trial Memorandum.
Following the meeting of all counsel including any
pro se litigants, and after receipt of all
responses to motions in limine, objections to exhibits and proposed jury
instructions, counsel for plaintiff shall prepare the Final Pre-Trial
Memorandum, which shall incorporate the required exhibit lists, statement of
facts, and instruction lists, and shall incorporate all of the agreements of the
parties as to the admission of exhibits, and the giving of instructions,
stipulations of fact and statements of fact to be read to the prospective
jurors. Each party shall cooperate to the fullest extent necessary to enable
plaintiff’s counsel to prepare the Final Pre-Trial Memorandum.
Plaintiff shall file a single Final Pre-Trial Memorandum that includes both
the plaintiff’s and defendant’s responses to each of the requested items.
In those rare situations where cooperation has failed to produce a joint
memorandum, each side should serve their own memorandum upon each other at least
three (3) days prior to the first Final Pre-Trial Conference.
At Final Pre-Trial Conferences, the court may rule on contested motions in
limine, set the number of peremptory challenges, discuss trial scheduling, and
enter other orders as deemed necessary.
(Note: This procedure will not prevent a party from making any appropriate
objection to testimony at trial, regardless of whether the matter could have
been raised by way of a motion in limine.)
The attorney(s) or
pro se litigants appearing at the Final
Pre-Trial Conferences must have full knowledge of the case and the attorney(s)
must have full authority to bind their respective clients to stipulations of
fact, pre-trial motions and other matters in preparation for trial. In the event
that an attorney lacks such authority, the party (or authorized representative
where appropriate) must be present or available by telephone. The failure of
trial counsel to appear at the Final Pre-Trial Conferences may result in the
dismissal of the action for want of prosecution, the entry of an order of
default or other appropriate sanctions pursuant to S. Ct. R. 218 and S. Ct. R.
219. 7
E. NON-JURY (BENCH) TRIALS
At least fourteen (14) days prior to the date set for trial to begin,
counsel for all parties shall exchange exhibit lists, witness lists, and motions
in limine, if any.
1. Exhibit Lists. Counsel for each party will confer with one another to
stipulate, to the extent possible, to the waiver of foundational requirements
for each document or other exhibit that will be sought to be used at trial.
2. Witness Lists. The witness lists to be exchanged by each party will
include the following:
a. The name and address of each witness;
b. The estimated length of time needed for direct and cross-examination of
each witness; and
c. The approximate order in which the witnesses will be called.
3. Motions in Limine. Unless otherwise ordered, Motions in Limine will be
heard by the court at the time of trial.
F. MOTION PRACTICE
1. Emergency Motions. Emergency Motions are
heard Monday through Friday at
9:15 a.m. unless otherwise ordered by the court. The
motion should involve a genuine emergency; that is, it should involve some
circumstance that could lead to irreparable damage to a party if relief is not
obtained prior to the time the party could be heard on the court’s regular
motion call or at the next scheduled case management conference.
a. Any motion brought within ninety (90) days
of a set trial date may be brought as an emergency motion in order to protect
the set trial date.
b. A motion to extend the discovery cut-off
deadline that is filed prior to the cut-off date and noticed for hearing at the
next scheduled court appearance is sufficient to show the court that the movant
has done everything possible to comply with the discovery cut-off date.
Therefore, it is not necessary to appear in court on an emergency basis for this
purpose. Similarly, a motion to file a brief in excess of fifteen (15) pages is
not an emergency, and a motion filed with the court and noticed for hearing at
the next regularly scheduled court date is sufficient.
2. Routine Motions. The court entertains
Routine Motions at 9:00 a.m. on each day of the week. Routine Motions shall be
governed by the Rules of Procedure of the Motion Court of the Law Division of
the Circuit Court of Cook County, which can be found online at:
http://www.cookcountycourt.org/rules/rules/court_rules.html.
A party may object to a routine motion in
writing or orally, in person or by telephone. Objections must be made either the
day prior to the scheduled day of presentation, or by 9:00 a.m. on the day of
presentation. The party making an objection must state the reason. If an
objection is received, or if the court objects to the entry of the order, the
court will not enter the order. If the moving attorney chooses to pursue the 8
motion, she or he must put it on the Regular
Motion call. See, Motion Judges Rules 5.0(g), a copy of which may be found in
Room 2005 of the Daley Center.
(Note: Motions for default judgment, motions
to withdraw without substitution of attorney, and any discovery motions must be
brought as regular motions.)
3. Regular Motion Call. The court hears the
Regular Motion call on Tuesdays. The first ten (10) motions spindled are set for
9:30 a.m., those numbered eleven (11) through twenty (20) are set for 10:00
a.m., and those numbered twenty-one (21) through thirty (30) are set for 10:30.
This court has been designated “Motion Call S,” and Regular Motions shall be
docketed in the Clerk’s office on the 8
th floor of the Richard J. Daley Center, 50 W. Washington.
Chicago, IL 60602. Cook County Circuit Court Rule 2.1 and the Motion Judge’s
Rules shall apply to all motions set on the court’s Regular Motion call.
4. “Piggy-Backed” Motions. With proper notice
to counsel for all parties who have appeared, and to
pro se parties, motions may be brought or
“piggy-backed” before the court at any regularly set Case Management Conference,
Motion Hearing or Pre-Trial Conference.
5. Courtesy Copies. For contested (and Regular
Motions), the movant shall deliver to chambers at least
ten (10) court
days prior to the date of the hearing,
courtesy copies of the motion, response, reply,
and also other pleadings, and exhibits. It is not necessary to provide case law
as the court has access to Lexus.
Any and all courtesy copies are to be delivered before
3:30 p.m. If parties do not provide courtesy copies within the requisite ten
(10) days, the court may strike the motion.
(Note: The Clerk of the Circuit Court of Cook
County keeps copies of all pleadings, but the judge hearing the case will
usually not have the court file. Therefore, the movant must supply courtesy
copies of all relevant pleadings.)
6. Automatic Briefing Schedule – Contested Motions. Unless otherwise
ordered by the court, for contested motions that have been noticed for
presentment to the court, respondent has twenty-one (21) days from the date the
motion is served on respondent to file a response to the motion, and movant has
fourteen (14) days thereafter to file any reply. Therefore, since there is an
automatic briefing schedule that begins to run from the time any party is
properly served with a motion and a notice of motion, the motion may, at
movant’s option, be noticed to be brought before the court at any time the case
has been set for any case management conference, motion hearing or pre-trial
conference. Further, if the motion has been served on the respondent a
sufficient number of days prior to the date that the motion is noticed to be
brought before the court, the motion should be fully briefed, requiring only a
hearing date. Therefore, the need to “spindle” a motion for the court’s Tuesday
motion call may be unnecessary since typically all that may happen at the
Tuesday motion call is the entry of a briefing schedule.
(Note: It may be best to remind opposing
counsel in the forwarding letter accompanying a notice of motion together with
the motion itself, that this Standing Order gives respondent twenty-one (21)
days to respond to the motion from the date it is
9
received with a notice of motion, after which
the movant has fourteen (14) days to serve and file a reply.)
7. Briefs and Citations.
a. No motion, opening brief or response brief
shall exceed
fifteen (15) double-spaced pages, 12 pt. font and 1 inch
margin
(exclusive of exhibits). Oversized briefs are disfavored
and require leave of court. No reply brief shall exceed seven (7) pages. No
surreplies will be permitted.
b. Citations shall include citations to
Official Illinois Reporters. Reference to the Northeastern Reporter alone is not
acceptable.
c. Movant is responsible for providing the
court with courtesy copies of all briefs and a copy of the relevant pleadings,
motions or other documents under attack.
8. Rulings on Written Briefs Alone. Unless the
court orders otherwise, the court may rule on the pending motion(s) on the
written briefs submitted, without oral argument. If the court feels that it
needs oral argument to better understand the substance of the motion or
arguments of counsel, then oral argument will be allowed.
9. Appearance at Motion Hearings. Each movant
and respondent must appear at each set motion hearing, either in person or
through counsel.
If a motion is set for oral argument and a
pro se litigant or counsel for the parties does
not appear, the court may rule based on the written briefs submitted, or, at the
court’s option, may strike the motion.
G. CLERK STATUSES
Clerk Statuses are held on Thursdays at 9:00 a.m. in the court’s chambers.
If the movant fails to appear for a Clerk Status by 9:30 a.m., the court may
strike the motion unless the court is notified beforehand about the inability of
a party or counsel to attend.
At such time as the court enters a briefing schedule on a motion that has
been or is to be filed, the court may then continue the pending motion for a
Clerk Status, at which time counsel for the parties will appear in the court’s
chambers to inform the law clerk or the court’s personnel that the motion is or
is not fully briefed. If the motion is fully briefed, counsel will be given a
motion hearing date and time, and counsel for the movant will prepare an order
to be entered by the judge continuing the motion to that date and time for
hearing.
H. CLAIMS OF PRIVILEGE
Claims of privilege will not be entertained unless the party asserting the
claim has supplied a Privilege Log (see Supreme Court Rule 201(n)), and any
affidavits or other proof necessary to lay a factual basis for the privilege
claimed. See
Chicago Trust Co. v. Cook County
Hospital
, 298 Ill. App. 3d 396, 401
(1
st Dist. 1998), (“The burden of 10
establishing the applicability of a discovery privilege rests with the
party seeking to invoke the privilege.”)
I. MOTIONS FOR DEFAULT
a. Finding of Default
1. Notice. The moving party must provide, or attempt to provide, the
opposing party with notice of a motion for default and default judgment. This
may be accomplished by mailing the notice of motion and the motion to the
respondent party’s last known address by both regular mail and by certified
mail.
2. Documents Required. At the hearing on the motion for default, the
following documents must be delivered to the court:
a. A clerk-stamped copy of the notice of motion and motion;
b. A copy of summons with the sheriff’s return showing service;
c. An attorney’s certificate, signed by counsel, certifying that both the
court file and the clerk’s computer have been checked for defendant’s appearance
and answer. The certificate must be dated no more than ten (10) days before the
date selected to present the motion; and
d. If defaulting an individual, the attorney must present a military
affidavit, i.e., an affidavit that certifies defendant is not in the military.
b. Entering Default Judgment
1. Unliquidated Damages. The court may set the matter to a further date for
prove-up of damages, or may hear the prove-up of damages at the initial motion
for default judgment hearing date. Parties may prove damages by affidavit in
accordance with Supreme Court Rule 191.
2. Liquidated Damages. The court will enter a default judgment upon
presentation of the following documents:
a. A copy of the verified complaint with exhibits, or an affidavit by the
moving party establishing the judgment amount;
b. An affidavit detailing the costs of the suit; and
c. An affidavit for attorneys’ fees, if applicable.
(Note: The individual verifying the complaint or certifying the complaint
in accordance with 735 ILCS 5/1-109, must indicate in the body of the
verification or certification language that he or she is someone who should and
does know the truth of the matters so verified or certified.)
c. Attorneys’ Fees
Attorneys’ fees are recoverable only by statute or when provided for in an
agreement between the parties. If attorneys’ fees are recoverable, an affidavit
from the attorney is necessary to establish the amount. The affidavit shall
state: 11
1. The date that services were performed;
2. The nature of the services performed;
3. The amount of time spent performing the services;
4 The attorneys’ hourly rate;
5. The year the attorney graduated from law school, and the experience of
the attorney in legal matters in the nature of those being billed;
6. A statement that the number of hours spent and the rate charged per hour
is fair and reasonable and within the normal standards of the community for the
type of services performed.
(Note: Any motion for default that fails to meet the above requirements may
be stricken or the hearing continued for the provision of additional
information.)
J. DISCOVERY DISPUTES
If discovery disputes arise, the parties must engage in a Supreme Court
Rule 201(k) conference and attempt to resolve the dispute prior to spindling or
noticing a motion for sanctions, or other relief concerning the dispute.
K. REQUESTS TO ADMIT FACTS AND GENUINESS OF DOCUMENTS
(a) Since the parties and the court may be unable to determine whether
facts and documents are relevant before the parties are at issue in the
pleadings, no request to admit facts and no requests to admit the genuineness of
documents in accordance with Supreme Court Rule 216(a) and (b) may be served on
a party and filed with the court prior to the time the parties are at issue in
the pleadings, except by prior leave of court. Once any two (2) parties are at
issue, those parties only may initiate requests to admit in accordance with
Supreme Court Rules.
(b) The court has found that many attorneys, and almost all
pro se litigants, are unfamiliar with the
requirements of Supreme Court Rules 216 and 183. Therefore, even slight
violations of these Supreme Court Rules, as further explained by relevant case
law, may result in the ultimate disposition of the case. In response to these
concerns, the Illinois Supreme Court recently amended Supreme Court Rule 216.
The rule as amended contains the following requirements:
(f)
Number of Requests.
The maximum number of requests for
admission a party may serve on another party is 30, unless a higher number is
agreed to by the parties or ordered by the court for good cause shown. If a
request has subparts, each subpart counts as a separate request.
(g)
Special Requirements
A party must: (1) prepare a
separate paper which contains only the requests and the documents required for
genuine document requests; (2) serve this paper separate from other papers; and
(3) put the following warning in a prominent place on the first page in 12-12
point or larger boldface type:
“WARNING: If you fail to serve the
response required by Rule 216 within 28 days after you are served with this
paper, all the facts set forth in the requests will be deemed true and all the
documents described in the requests will be deemed genuine.”
Ill. S. Ct. R. 216 (f)-(g) (LEXIS 2011).
(c) Before the court will deem facts admitted pursuant to Supreme Court
Rule 216, the party seeking to deem facts admitted must demonstrate to the court
that it strictly complied with the new requirements of Supreme Court Rule 216.
Specifically, the party must demonstrate: (1) that there were only 30 requests
for admission served on the opposing party; (2) that the requests and the
documents required for genuine document requests were served separately from
other papers; and (3) that the first page of the requests contained the warning
in the proper font.
(d) A motion for leave of court to serve a request for more than thirty
(30) admissions must be in writing and shall set forth the additional facts
requested to be admitted and attach copies of the documents if any, the
genuineness of which are requested to be admitted, and set forth the reasons
establishing good cause for these additional requests to admit.
L. TRIALS AND DATES
1. Opening Statements and Closing Arguments.
Unless otherwise ordered by the court, in all jury trials, opening statements
will be limited to twenty (20) minutes per side, and closing arguments will be
limited to thirty (30) minutes per side. Plaintiff’s counsel or plaintiff
pro se will have to schedule rebuttal time so that
the total of thirty (30) minutes in closing arguments is not exceeded.
2. Trial Dates are Firm.
Trial dates
are firm
and will rarely be continued. On those very rare
occasions, trial dates will be continued only for good cause shown – usually
involving the serious illness of counsel, one of the parties or a necessary
witness. Otherwise, assume the date is firm and that the court will not grant a
continuance.
M. STANDING ORDER CONSIDERATIONS
1. Applicability and
Inconsistency
.
Unless
the court orders otherwise (either generally or in a particular case), this
Standing Order applies in every case. In the event of any inconsistency between
this Standing Order and any order entered in a case, the order entered in the
case controls to the extent of the inconsistency.
2. Modification. The court may modify this
Standing Order from time to time.
_______________
Judge Raymond W. Mitchell
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Written by Linda Shelton

May 29, 2011 at 1:24 pm

4 Responses

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  1. I filed a motion for a new trial post judgement. Judge Jones wrote a memorandum opinion and order (moo) denying me a new trial. However there are errors in the memorandum. Firstly the case went to mandatory arbitration and I won 20,000.00$ the defendant file a rejection of award. The defendant was barred from testifying at arbitration and at trial. The judge vacated all of the defendant defaults and let the defendant and her high power attorney into the case. There was a jury trial and I lost.

    I am appealing the case based on the mandatory arbitration order. How do I fix the lying in the judge’s memorandum opinion and order. The judge is very upset with me and I know the appeals court will be reviewing his MOO.

    Like

    Linda Reed

    January 14, 2012 at 2:18 am

  2. You don’t give enough information about your case to know what is going on. I am not an attorney and I do not give legal advice on this site. I will tell you what I would do if I was in your situation if I am provided enough information to understand the case, the pleadings and the orders. I will often quote case law and statutes that you might want to look up and Shephardize for use in your pleadings.

    Which court; which judge; what was the case about; do you have a timeline describing the motions what happened in court and the orders for each court date; what kind of evidence do you have to support your position in the case; have you written and filed your appeal; what does your legal research tell you about the issues; what are the issues before the court; are you represented by an attorney at trial and on appeal; what is the basis that the judge used to deny you a new trial; what is the legal basis you quoted to justify a new trial; what specifically were the errors in the memorandum and why do you think that would have affected his decision if stated properly (legal basis for example); etc????? These are the things that must be clarified before anyone can give their opinion as what they would do under the same circumstances,

    Like

    Linda Shelton

    January 15, 2012 at 12:45 pm

  3. Hello Ms. Shelton,

    Thank you for your response. However I just found it today. I did appeal and I am awaiting the defendant’s reply. I appealed bases on 1) perjury. The defendant who is a millinoiaire, Darlene Moore filed a perjured application as an indigent person. The application was granted. The defendant owns a large house on Chicago Southside but on her application she stated that she paid rent of 950.00$ and had no assets. There is a 200.00$ fee requirement to file a Notice of Rejection after a mandatory arbitration hearing. The fee must be paid in 30 days. The defendant motioned the court to remove a barring order placed against the defendant for not responding to discovery. When we went to court I told Judge Minella Municipal Court First Division that the defendant lied and she was not indigent. The judge did not address the issue however it was outlined in my motion to enter a judgment. The Judge denied my motion and she also denied the defendant’s motion to remove the barring order. The judge sent the case to Judge Jones Municipal Court. I told Judge Jones the same. The defendant perjured the application. The defendant Darlene Moore admitted to the judge that she did own property. The Judge told her to contact her insurance company and they would get her an attorney to help her.

    1) the 30 days for the Notice of Rejection had ran out and as far as I was concerned the application did not meet the requirement set out in the law therefore my issue on appeal was whether or not the defendant’s notice of rejection was valid or void (for perjury). If the Notice of Rejection is not filed in a timely manner there is nothing for the Judge to do but enter a judgement for the Plaintiff. The judge allowed the defendant to get a lawyer Elaine C. Davenport of Sanchez, Daniel and Hoffman at 333 W. Wacker Drive in Chicago. Davenport made an appearance which was well beyond the 30 days. I objected and the judge ignored me after he stared me down. The defendant was barred from testifying and presenting any evidence at trial. The defendant’s attorney motioned the court and ask the court to vacate “technical” defaults. Judge Jones vacated “any and all defaults” including the barring order which two previous Judges refused to vacate. The defendant did not ask the judge to vacate “any and all defaults.” The Judge did this sua sponte.

    2) I then raised the issue of subject matter jurisdiction. Whether or not Judge Jones went beyond his duties and whether or not he had the authoirty to act sua sponte. If he did what is the Appealate Court’s duty?

    3) perjury is a crime Her attorney knew that she had perjured the application,(Darlene Moore admitted in her request to admit I served upon her); the judge knew and everyone went silent. Currently every one is watching the Zimmeran case in Flordia who commited perjury (indigent claim also) his bail was revoked and also his wife commited perjury and she went to jail (she is out now). Zimmeramn’s lawyer found out that he had money and immediately went to court and told the judge. What was the duty of her attorney? I outlined the duties in my appeal that the attorney sworn to uphold in her oath. I also included the Judge’s duty and oath.

    4) I too am disabled (a speech disorder and I am bipolar) I asked for accommodations and was denied. During my trial I used my hands to signal the judge, I cried, I spit, I shoke my head, pointed, I was a mess. There are not court transcripts because of the non verbal communication during the trial. I have an untreatable disorder. I am exhausted that is also a part of my disorder. please email me. I can’t go any further right now.

    I read your blog and I did Shephardize and quoted the case law as you have outlined in your blog. Thank you for your help.

    Like

    Linda Reed

    June 13, 2012 at 5:48 pm

  4. I live in Elgin as plaintiff and pro se of case in law div when I fild complaint I tols clerk I could not make it until1pm she said I could call. Now they tell me I have to waste a full day going down there to Daley center to have court date changed..rhen they will probably chrge anoth $15 for sending me post card! I am goint to talk to judges clerk..left mesg. Wed the judge does not hear mlotions and I am trying to make it the same day.Any IDEAS Anton Thank You

    Like

    ANTON J pETTERSEN

    April 14, 2014 at 10:41 am


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