Publications

Section Newsletter Articles on Illinois Supreme Court Rules

Time is of the essence, or is it? By John B. Kincaid Civil Practice and Procedure, October 2009 Two recent Rule 23 Orders decided by separate panels of the Second District Appellate Court appear to conflict as to whether a court can limit the cross-examination of a witness or the submission of evidence which supports the litigant’s case.
Timing is everything: Jury instructions and Supreme Court Rule update By Hon. Barbara Crowder Civil Practice and Procedure, October 2009 An examination of the changes to Jury Instruction 1.01 issued in May 2009 and the June 2009 modification of Supreme Court Rule 239 effective September 1, 2009.
When consultants’ opinions are discoverable By Lauryn E. Parks and James F. McCluskey Tort Law, October 2009 The purpose of Illinois Rule 201(b)(3), as well as other comparable rules, is focused on protecting the identity of the consultant in order to encourage the communication of expertise. 
Contingency Planning: Motion to Stay—Preparing to counteract a possible negative ruling By Susan M. Brazas General Practice, Solo, and Small Firm, July 2009 Where the client (or the client’s children) stand to suffer great harm in the event that the court makes a ruling adverse to their position, the attorney should consider preparing, in advance, a Motion to Stay enforcement of the court’s judgment pending appeal.
Update on Supreme Court Rule 103(b): Filing the complaint is not enough By Jim Williams and Denise Hemmer Civil Practice and Procedure, January 2009 Illinois Supreme Court Rule 103(b) has required reasonable diligence in obtaining service for years.
Supreme Court Rule 236 and the admissibility of medical records at trial By Stephen C. Buser Civil Practice and Procedure, December 2008 Illinois Supreme Court Rule 236 can be a useful tool for the admission of medical and hospital records into evidence at trial, eliminating the need for a party to spend hundreds or perhaps thousands of dollars to have a medical doctor, nurse or other health care professional testify in court or by evidence deposition to have the records admitted.
Illinois Supreme Court Rule 315(c)(3): An appellate trap for the unwary By Matthew R. Carter Civil Practice and Procedure, October 2008 Illinois Supreme Court Rule 315 establishes rules for preparing an appeal from the Illinois appellate court to the Illinois Supreme Court. Ill. Sup. Ct. Rule 315.
What’s in a name? It depends on whether you are seeking Rule 137 sanctions By J. Matthew Pfeiffer Civil Practice and Procedure, May 2008 Last year, the Second District of the Appellate Court of Illinois joined other Illinois appellate districts in deciding that while courts may sanction a person who signed a court paper, a represented party, or both pursuant to Illinois Supreme Court Rule 137, no authority exists within that rule for courts to sanction a law firm.
Practice advisory: Appellate practice changes By Timothy J. Storm General Practice, Solo, and Small Firm, April 2008 Litigators should be aware of several amendments to Supreme Court Rules affecting appellate procedure.
Prosecution of municipal ordinances violations and a preview of the proposed Supreme Court Rules addressing them By Mark C. Palmer Local Government Law, April 2008 On January 28, 2008, the Illinois Supreme Court Rules Committee held its annual public hearing and included on the agenda was the proposal to create new Illinois Supreme Court Rules 570-581 (“Proposed Rules”).
Vision Point v. Haas: Breathing room For litigants on Requests to Admit By Steven G. Pietrick Family Law, March 2008 On September 20, 2007, the Illinois Supreme Court issued its long-awaited decision in Vision Point of Sale, Inc. v. Haas, ___ Ill.2d___, 2007 WL 2729322 (No. 103140 September 20, 2007),1 providing what many in the legal community perceive as a merciful relaxation of the overly strict interpretation of Rule 216’s requirements and the near-draconian effects which can result.
Is it a claim or a new action? Characterization of post-judgment petitions in family law cases affects appealability By Linda S. Kagan Family Law, February 2008 Given the continued dispute about whether post-judgment petitions are new claims or new actions, it might be a prudent idea to obtain a Rule 304(a) finding and file a notice of appeal as to each order one wants to appeal, alert the appellate court by way of motion that other claims or petitions are pending in the trial court and later, move to consolidate appeals filed along the way.
General principles of trial witness disclosure under Supreme Court Rule 213 By Daniel P. Wurl Tort Law, January 2008 This article will focus on general principles of Rule 213 trial witness disclosure, testimony at trial, and appellate review as set forth in appellate court cases that have been decided in the last five years since the Supreme Court made major modifications to Rule 213 in 2002.
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner Civil Practice and Procedure, January 2008 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules. Outlined below are highlights of some of the most significant amendments.
Supreme Court provides clarification on Supreme Court Rule 216 and its relationship with Supreme Court Rule 183 By Jeffrey D. Frederick Tort Law, January 2008 On September 20, 2007, the Illinois Supreme Court rendered a lengthy decision in Vision Point of Sale, Inc. v. Haas, that had the effect of reversing several Appellate Court decisions and clarifying earlier Supreme Court decisions and sending a strong message to the Appellate Courts and Circuit Courts in Illinois that the Supreme Court, pursuant to the Illinois Constitution, has general administrative and supervisory authority over all courts.
Six rules of Illinois Civil Practice that you should know to impress your supervising partner By Howard W. Anderson, III Young Lawyers Division, December 2007 My first-year torts professor once pronounced in class that what separates the lawyer from the layperson is that the lawyer not only knows what the law “is,” but also how to “do” law.
Recent amendments to the Illinois Supreme Court Rules By Michele M. Jochner General Practice, Solo, and Small Firm, November 2007 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules. Outlined below are highlights of some of the most significant amendments.
How a missing affidavit reduced a jury verdict: Supreme Court Rule 222(B) By Patrick M. Kinnally Civil Practice and Procedure, September 2007 Evelyn Grady was in a car wreck with Noelia Marchini. Grady filed a complaint against Marchini on August 3, 2004.
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner Bench and Bar, August 2007 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules.
Production of financial records by a Supreme Court Rule 213(f)(3) Expert Witnesses By Albert E. Durkin Tort Law, July 2007 The Illinois Appellate Courts have not created a bright line rule as to whether production of extrinsic evidence to support financial claims made by expert witnesses should be required, although this issue has been hotly litigated elsewhere.
Admissibility of medical records at trial under Illinois Supreme Court Rule 236 By Brett J. Swanson Civil Practice and Procedure, June 2007 It has long been the law that medical experts may base their opinions upon medical records not admitted in evidence at trial.
Child custody overview of Supreme Court rules By Nicole Onorato Child Law, June 2007 The new child custody rules, which took effect on July 1, 2006, are divided into three parts – A, B, and C – which apply to certain Acts. This article will give a brief overview of the new rules and will highlight key provisions in each rule.
A New Year’s resolution: Read new Rule 213 By Hon. George S. Miller Bench and Bar, February 2007 An amended 213 (IL ST S.Ct. Rule 213), covering written interrogatories to parties, is effective January 1, 2007. Paragraph (f) provides that for each lay or independent witness, the party answering the interrogatory must identify the subjects and opinions from the witness to the extent of the party’s knowledge.
Can an unlicensed law firm recover in a suit for attorney fees? By Hon. Daniel T. Gillespie Civil Practice and Procedure, January 2007 One interesting aspect of contract law is that, if a contracting party is not properly licensed, the party may not be able to recover in a contract action for nonpayment of fees earned.
Requests to Admit: Vision Point of Sale v. Haas By Michael J. Marovich Civil Practice and Procedure, December 2006 On November 29, 2006 the Illinois Supreme Court granted a petition for leave to appeal in the case of Vision Point of Sale, Inc. v. Haas, 366 Ill.App.3d 692, 852 N.E.2d 331 (1st Dist. 2006).
Playing by the rules has its advantages By Jamie L. Bas Young Lawyers Division, October 2006 If you go through your mail and find a document called a Request to Admit Facts, make sure you carefully read Illinois Supreme Court Rule 216, which governs this document.
Ruminations on Rule 216 and considerations of substantial justice By Hon. Daniel T. Gillespie Civil Practice and Procedure, October 2006 This rule is to be liberally construed to do substantial justice between or among the parties. —Illinois Supreme Court Rule 213(k) on written interrogatories.
New Article IX. Child custody proceedings By Susan E. Kamman Family Law, June 2006 An overview of the new 900 series of the Illinois Supreme Court Rules.
Rule 222—A ticking time bomb By Robert Fink Tort Law, November 2005 Unlike “requests to admit,” Rule 222, Limited and Simplified Discovery in Certain Cases, has not been the focus of much attention. It, however, has been increasingly used to devastating effect and is a potentially more powerful tool than requests to admit.
New Supreme Court Rule 790 et al. establishing minimum continuing legal education requirements By Timothy E. Moran State and Local Taxation, October 2005 On September 29, 2005 the Illinois Supreme Court announced the adoption of new Supreme Court rules 790-798, which mandate minimum continuing legal education for attorneys licensed to practice in Illinois.