Subject Index Civil Practice

Enough With the Talking Objections

By Andrew N. Jovanovic
April
2024
Article
, Page 30
A short discussion of talking objections and coaching during discovery depositions in the age of Zoom.

Social Service

By Jessica A. Pullen
April
2024
Article
, Page 22
Practical guidance for, and challenges raised by, the amendment to Illinois Supreme Court Rule 102 allowing service via social media, text message, and email.

Out-of-state drop service in an individual’s general vicinity can constitute in-person service

March
2024
Illinois Law Update
, Page 18
On Nov. 20, 2023, the Fifth District of the Illinois Appellate Court held that out-of-state drop service in an individual’s general vicinity can constitute in-person service consistent with section 2-208 of the Illinois Code of Civil Procedure.

No relief due when attorney fails to timely refile complaint when mistake exists in initial last-minute filing

February
2024
Illinois Law Update
, Page 14
On Nov. 7, 2023, the Second District of the Illinois Appellate Court held that no relief is due when an attorney fails to timely refile a rejected complaint and no mitigating reason exists to account for a mistake in that attorney’s initial last-minute filing.

Plaintiff who unknowingly files lawsuit against deceased defendant may move to appoint special representative to defend

January
2024
Illinois Law Update
, Page 16
On Oct. 26, 2023, the Illinois Supreme Court held that a plaintiff who unknowingly files a lawsuit against a deceased defendant may move to appoint a special representative to defend the lawsuit.

Certified driving abstract can be admitted in trial court, does not violate right to confrontation

October
2023
Illinois Law Update
, Page 14
On July 31, 2023, the First District of the Illinois Appellate Court held that when a certified driving abstract from the Office of the Secretary of State is admitted at trial it does not violate the defendant’s constitutional right to confrontation.

Judgment Revivals: The Seven-Year Itch

By Mike Starzec
October
2023
Article
, Page 32
The constitutional implications of amendments to the Revival Act.

When imprisonment enforces an indirect civil contempt order, release must be contingent upon compliance with the underlying order

September
2023
Illinois Law Update
, Page 16
On June 6, 2023, the First District of the Illinois Appellate Court held that when imprisonment is ordered to enforce an indirect civil contempt order, the conditions of release must be contingent upon purging the contempt by compliance with the original order.

Did You Get My Text?

By Amelia Buragas
June
2023
LawPulse
, Page 12
Illinois Supreme Court approves service of process via electronic means in civil proceedings.

Refiling plaintiff’s voluntarily dismissed claims not barred by res judicata after trial in original case on defendant’s counterclaims

February
2023
Illinois Law Update
, Page 16
On Nov. 14, the Fourth District of the Illinois Appellate Court held that the doctrine of res judicata did not bar plaintiffs from refiling a complaint that the plaintiffs voluntarily dismissed four years earlier.

Body-attachment order upheld after failure to comply with dissolution order

August
2022
Illinois Law Update
, Page 16
On June 1, the First District of the Illinois Appellate Court held that a body-attachment order was properly issued to effectuate an order of civil contempt.

Electronic mail service not recognized in citation to discover assets

May
2022
Illinois Law Update
, Page 14
On Feb. 17, 2022, the First District of the Illinois Appellate Court held that Illinois law does not allow for service by electronic mail when third parties have not yet appeared before the court.

Successive postjudgment motions do not toll time for notice of appeal

May
2022
Illinois Law Update
, Page 14
On Feb. 4, 2022, the First District of the Illinois Appellate Court held that successive postjudgment motions do not toll time for filing a notice of appeal.

Test the Waters Doctrine Sinks

By Dustin J. Karrison
May
2022
Article
, Page 26
The Illinois Supreme Court abolishes the “test the waters” doctrine.

It’s Tough to Be Ford

By Grant A. Bosnich
April
2022
Article
, Page 40
The 2021 U.S. Supreme Court decision in Ford Motor Company and its sprouting Illinois caselaw clarifying the “arising from” prong of specific personal jurisdiction.

Laches may be raised as an affirmative defense to a petition alleging a void judgment

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court affirmed the trial and the Second District of the Illinois Appellate Court’s decision holding that a petition for relief from a void judgment under section 2-1401(f) of the Illinois Code of Civil Procedure was subject to dismissal based on laches.

Participation and dialogue in restorative justice proceedings are privileged

October
2021
Illinois Law Update
, Page 14
This Act amends the Code of Civil Procedure. It provides that anything said or done in preparation of a restorative-justice practice, as a follow-up to the practice, or in relation to the practice having been planned is privileged information.

New standards set for accumulation of prejudgment interest in actions for damages

August
2021
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Code of Civil Procedure by modifying rules for interest on judgments. In all civil actions seeking recovery from personal injury or wrongful death through negligence, strict liability, wanton or willful misconduct, or intentional conduct, the plaintiff is entitled to recover prejudgment interest on all damages

“Test the waters” doctrine is not a valid basis for denial of a party’s motion for substitution of judge

August
2021
Illinois Law Update
, Page 18
On May 20, 2021, the Illinois Supreme Court reversed and remanded an Illinois Appellate Court’s decision holding that the “test the waters” doctrine was a valid basis for denying a party’s motion for substitution of judge as of right under section 2-1001(a)(2) of the Illinois Code of Civil Procedure.

Literally Taking the Case

By Andrew R. Schwartz & John Cerney
December
2020
Article
, Page 24
With a bit of luck and outside-the-box thinking, the clever litigator can save the day by seizing the opponent’s cause of action

Trial court has discretion to dismiss complaint without prejudice when section 2-622 affidavit is not filed

December
2020
Illinois Law Update
, Page 16
On Sept. 21, 2020, the Third District of the Illinois Appellate Court held that a trial court has discretion to dismiss a medical malpractice case without prejudice for untimely filing an affidavit required under 735 ILCS 5/2-622 of the Code of Civil Procedure.

A Palpable Conflict

By Anthony J. Longo & John M. Fitzgerald
November
2020
Article
, Page 26
Does the law-of-the-case doctrine trump subject-matter jurisdiction?

You Got the Wrong Guy

By Jake Crabbs
August
2020
Article
, Page 34
Process servers and cases of mistaken identity.

Postjudgment interest starts to accrue on date appellate court enters judgment

July
2020
Illinois Law Update
, Page 14
On April 28, 2020, the Second District Appellate Court held that interest did not begin to accrue on a $1.5 million general jury verdict until the appellate court reversed the circuit court’s overturning of the general verdict.

Illinois Code of Civil Procedure amended to bar evidence of a person’s immigration status, with exceptions

June
2020
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Civil Procedure to significantly limit the admissibility of evidence related to a person’s immigration status.

Perils of the Postjudgment Motion

By Reuben A. Bernick
April
2020
Article
, Page 30
Avoid common pitfalls to ensure you don’t lose your appeal before you even file it.

Defendant physician and counsel coming to the aid of ill juror not grounds for a mistrial 

March
2020
Illinois Law Update
, Page 20
On Dec. 24, 2019, the First District Appellate Court affirmed the trial court’s denial of a mistrial in a medical malpractice case for negligence, finding that the court did not abuse its discretion.

Sole Proximate Cause(s)

December
2019
Article
, Page 15
A schism is brewing in the First District of Illinois over the definition of the word “sole” in “sole proximate cause.”

No publication requirement for name change to maiden name

November
2019
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Code of Civil Procedure regarding the requirement of publication notice in a newspaper for certain individuals applying for a name change.

Don’t Overlook Hudson: Still a Seminal Case 11 Years Later

By Adam Ernette
August
2019
Article
, Page 42
A state-of-the-law analysis regarding res judicata and the rule against claim-splitting for attorneys considering taking a voluntary dismissal.

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