Publications

Section Newsletter Articles on Illinois Supreme Court Rules

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.
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.
Requests to admit By Jerold S. Solovy and Robert L. Byman Administrative Law, April 2005 Your opponent serves requests to admit to set you up for disaster. Admit and your adversary will use your admissions to get summary judgment or make her life easier, yours uncomfortable at trial.
Requests to admit By Jerold S. Solovy and Robert L. Byman Bench and Bar, March 2005 Your opponent serves requests to admit to set you up for disaster.
Effective uses of Supreme Court Rule 216 requests to admit By Albert E. Durkin Tort Law, December 2003 Requests for Admissions of Facts and Requests for Admission of Genuineness of Documents, a.k.a., "requests to admit," are an effective and often-overlooked discovery tool.
New Supreme Court rule amendments and court orders By Michele M. Jochner Bench and Bar, January 2003 The Illinois Supreme Court has recently amended several rules, and has also issued orders that will affect the practice of law in Illinois.
Illinois Supreme Court Rule 212(a)(5)—Can you use a discovery deposition as evidence at trial? By Karen McNulty Enright Tort Law, December 2002 Subsection (a)(5), which was recently added to Illinois Supreme Court rule 212 in 2001, may forever change the way in which we take discovery depositions.
Jury instructions and voir dire: Recent developments By Susan M. Witt Civil Practice and Procedure, October 2002 Amended Supreme Court Rule 239 (effective January 2000) allows for any or all jury instructions to be read before opening statements.
Requests to admit facts and for genuineness of documents By Jessica A. Bank Family Law, November 2001 Requests for Admissions of Fact and Genuineness of Documents are effective litigation tools for expediting and simplifying discovery, for compelling admission of incontrovertible facts, and for narrowing issues to be addressed at trial.
Amended Illinois Supreme Court Rules expand the protection of individual rights By Mark E. Wojcik Human Rights, June 2001 Lawyers and judges in Illinois may no longer discriminate on the basis of "disability," "age," "sexual orientation," or "socioeconomic status," pursuant to new Illinois Supreme Court rules announced earlier this year.
A Summary of Rule 213 opinion witness cases By Daniel P. Wurl Civil Practice and Procedure, October 1999 Editors' Note: In the last issue of Trial Briefs, we published a summary of recent decisions dealing with the operation of Rule 213, together with an appendix that provided a more detailed account of the decisions.
Use of Requests to Admit in summary suspension hearings By J. Brick Van Der Snick Traffic Laws and Courts, June 1999 This article will outline the impact and benefits of using the Request to Admit Facts in a summary suspension proceeding and will highlight the case law on this point.