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Illinois Bar Journal

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Articles on Civil Practice

Plaintiffs’ Secret Weapon: The Illinois Respondent in Discovery Statute By Kaitlyn Anne Wild January 2014 Article, Page 24 This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.
“Test the waters” doctrine not an appropriate supplement to substitution-of-judge analysis November 2013 Illinois Law Update, Page 560 On September 11, 2013, the Fourth District Appellate Court held that orders for scheduling and continuances are not substantial rulings that would allow for the denial of a motion for substitution of a judge as of right.
Limited Scope, Expanded Opportunity By Ed Finkel October 2013 Article, Page 508 Recent Illinois Supreme Court rule changes enable lawyers to represent clients in litigation for only a portion of a case. Proponents say that's good for lawyers, clients, and judges.
New citation procedures make enforcing debt-collection judgments easier By Adam W. Lasker October 2013 LawPulse, Page 498 A new law reduces the role of sheriffs in collection proceedings and increases the power of courts and practitioners to enforce judgments.
Bill requires timely executed settlement releases in most civil cases By Adam W. Lasker September 2013 LawPulse, Page 446 The law helps plaintiffs get timely settlement payments from "substandard" insurance companies, the chair of ISBA's Tort Section says.
Coming soon: Illinois’ first statewide standardized court forms By Adam W. Lasker August 2013 LawPulse, Page 386 Illinois is one of a very few states without statewide standardized court forms. That's beginning to change, thanks to the supreme court's Access to Justice Commission.
Electronic Medical Records: Metadata As Evidence in Litigation By James G. Meyer, Jonathan P. Tomes, and Lee Neubecker August 2013 Article, Page 422 Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.
New supreme court rules a boon to limited-scope representation By Adam W. Lasker August 2013 LawPulse, Page 386 Amended Rules 11, 13, and 137 create business opportunities for lawyers by making it easier to represent clients for part, but not all, of a lawsuit or transaction.
Supreme court delays Rule 138 personal identity information provisions By Adam W. Lasker August 2013 LawPulse, Page 386 The supreme court delayed rule changes on personal identity information that some family law practitioners worry will force them to choose between the rule and conflicting statutes.
Managing Discovery of Electronically Stored Information in Illinois By Professor Jeffrey A. Parness June 2013 Column, Page 316 While other jurisdictions address discovery challenges posed by ESI, Illinois has yet to act.
Service by publication on adjudicated disabled person violates due process June 2013 Illinois Law Update, Page 284 On March 29, 2013, the first district appellate court answered, in response to a certified question, that service by publication on an adjudicated disabled person did not satisfy due process because it was unreasonable to expect that the ward would see or comprehend the published notice.
Judgment and memorandum of judgment expire simultaneously May 2013 Illinois Law Update, Page 228 On February 26, 2013, the third district appellate court held that a judgment creditor must revive its judgment and file a memorandum of revived judgment within seven years from the date the original judgment was entered or previously revived.
Developments in the Duty to Preserve Evidence By Professor Jeffrey A. Parness March 2013 Column, Page 152 Two recent cases shed light on spoliation claims in Illinois.
Supreme court bars state court suit based on res judicata March 2013 Illinois Law Update, Page 124 On December 28, 2012, the Supreme Court of Illinois held that the doctrine of res judicata barred a plaintiff's state court suit that was based on the same operative facts as a claim previously adjudicated in federal court.
Supreme court makes e-service voluntary, not mandatory By Adam W. Lasker March 2013 LawPulse, Page 118 The most recent amendments to the supreme court rules, which took effect January 1, permit service by email but do not require it.
The Too-Expansive Illinois General Verdict Rule By J. Timothy Eaton, Michael W. Rathsack, and Michael T. Reagan March 2013 Article, Page 142 More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.
Another Limit on Refiling Voluntarily Dismissed Cases By Professor Jeffrey A. Parness September 2012 Column, Page 498 The first district rules that judicial estoppel can be a bar to refiling.
Court clarifies affidavit requirements for service of process by publication July 2012 Illinois Law Update, Page 352 On May 9, 2012, the first district appellate court held that affidavits phrased in the passive voice that failed to identify the individuals who attempted to serve process did not satisfy the requirements for service of process by publication.
Voluntary Dismissal: The Hudson Doctrine Four Years Later By Anne M. Skrodzki June 2012 Article, Page 302 In Hudson v. City of Chicago, the Illinois Supreme Court held that the res judicata doctrine limits a plaintiff’s ability to refile a voluntarily dismissed claim after the involuntary dismissal of an earlier claim. So when can a voluntary claim be refiled?
A Bricoleur’s Response to Murphy’s Law By Hon. Ron Spears May 2012 Column, Page 270 "Bricolage" is the art of creating a solution using whatever is available. It's an art litigators would do well to cultivate.
The Revestment Doctrine: Alive and Well or On Its Last Legs? By Kristopher N. Classen February 2012 Article, Page 94 Under the revestment doctrine, litigants can "revest" the trial court with otherwise expired jurisdiction by participating in a case without objection 30 or more days after entry of the final order. But recent rulings draw the viability of the doctrine into question.
The Dangers of Litigating in the Media By Richard L. Miller, II January 2012 Article, Page 42 A look at the risks your client takes by publicly discussing an ongoing case and why doing so is usually a bad idea.
Service by publication insufficient for eminent domain proceeding August 2011 Illinois Law Update, Page 388 Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.
The Limits on Legislative Power to Withhold Subject Matter Jurisdiction By Professor Jeffrey A. Parness June 2011 Column, Page 316 The supreme court underscores the limits on the power to decide which cases courts can hear.
Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff By Christopher B. Lega May 2011 Article, Page 250 Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.
What judges want By Helen W. Gunnarsson April 2011 LawPulse, Page 174 You'll make your judge happy - or at least less unhappy - if you learn some of the unwritten rules that vary by type of case presented and by region.
The Power of Pre-Suit Discovery: Supreme Court Rule 224 By Timothy J. Harris March 2011 Article, Page 136 Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.
Process servers may be refused entry into correctional institutions and jails. PA 096-1451 March 2011 Illinois Law Update, Page 124 Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.
Vailas: An Ill-Conceived Limit on Modifying Child Support Orders By Professor Jeffrey A. Parness March 2011 Column, Page 160 While Vailas' goal of protecting nonresidents is laudable, the approach it took commands too high a price.
Goodbye to the “Conspiracy” Theory of Personal Jurisdiction? By Stephen A. Wood and James M. Reiland January 2011 Article, Page 28 Goodbye to the "Conspiracy" Theory of Personal Jurisdiction?