Illinois Bar Journal

Articles on Civil Practice

From the Newsletters - Thinking of representing an Illinoisan in an out-of-state accident? Think again

June
2016
Article
Page 45
Differences in state law can make a routine case anything but.

Discovering a Defendant’s Identity: The Evolution of Rule 224

By Kimberly Glasford
April
2016
Article
Page 28
For plaintiffs who need to identify defendants before suing for damages - or, perhaps, hope to "out" or shame them - Illinois Supreme Court Rule 224 can be an option. But despite a few decisions interpreting the rule, the law remains uncertain.

Declining court caseloads reflect societal, other changes

By Matthew Hector
March
2016
LawPulse
Page 20
Civil court dockets shrank by 25 percent from 2010 to 2014. What's causing the decline?

Mandatory E-Filing Is Coming

By Ed Finkel
March
2016
Cover Story
Page 30
Effective January 1, 2018, electronic filing will be mandatory in all 102 counties in Illinois. How will it work? Attorneys and judges share their hopes and concerns.

From the Discussions

February
2016
Article
Page 32
Should I call one of the kids to testify in a custody case? Can a lawyer contact the opposing party’s
family? Can my client get an extension of time to complete traffic school?

Trial court strikes down six-person jury law

By Matthew Hector
February
2016
LawPulse
Page 12
A Cook County judge rules that the Illinois Constitution guarantees a right to a 12-person jury.

DuPage launches mandatory e-filing

By Matthew Hector
January
2016
LawPulse
Page 12
Effective January 1, DuPage County will be the first Illinois circuit court to require electronic filing for all new civil cases and any new filings in existing cases.

New Realities of Civil Practice: Economics, Ethics and Innovation

By Jeffrey A. Parness
December
2015
Column
Page 40
The 2015 Allerton House Conference looked at topics ranging from the law school debt crisis to the impact of LegalZoom.

Cross-Motions for Summary Judgment: Be Careful What You Concede

By Michael M. Conway & Lauren M. Loew
November
2015
Article
Page 42
Plaintiffs and defendants often file competing cross-motions for summary judgment. But in Illinois, unlike in federal court, those motions may be taken as a concession that no issue of material fact exists.

Litigation about litigation: Barred by absolute attorney litigation privilege

November
2015
Illinois Law Update
Page 20
On July 8, 2015, the first district affirmed dismissal of the O'Callaghans' complaint against Satherlie and Kopka as barred by the absolute attorney litigation privilege.

Representative Durkin proposes changes to the Illinois Code of Civil Procedure

October
2015
Illinois Law Update
Page 18
On July 8, 2015, Representative Durkin proposed changes to Illinois's rules on venue, jury instructions, joint liability, and recovery for medical expenses.

New law makes it easier for non-Illinoisans to serve subpoenas in Illinois

By Matthew Hector
September
2015
LawPulse
Page 12
By minimizing the need to appear in front of Illinois courts, the Uniform Interstate Depositions and Discovery Act reduces the complexity and cost of litigating across state lines.

Restoring Lost Jurisdiction: The Revestment Doctrine

By Kimberly Glasford
September
2015
Article
Page 42
The revestment doctrine allows parties to revest a circuit court with jurisdiction lost with the passage of time. Learn how you can use it to your strategic advantage.

Uniform Interstate Deposition and Discovery Act provides subpoena procedures for litigation pending in foreign jurisdictions

August
2015
Illinois Law Update
Page 16
The Uniform Interstate Deposition and Discovery Act will establish uniform procedures to obtain an Illinois subpoena for litigation pending in a foreign (out of state) jurisdiction.

Court reaffirms that inherent authority is no longer grounds for voidness

July
2015
Illinois Law Update
Page 18
On May 1, 2015, the First District Appellate Court affirmed a dismissal of a section 2-1401 petition for untimeliness.

Relation back applies to amended complaint that substitutes proper special administrator for improperly appointed one

July
2015
Illinois Law Update
Page 18
On April 28, 2015, the Second District Appellate Court held that the relation back doctrine applies when a wrongful death complaint is timely filed by an improperly appointed special administrator, and an amended complaint substitutes the proper administrator as plaintiff after the limitation period has run.

Once Cheated, Twice Shy: Using Prejudgment Attachment to Help Your Defrauded Client Recover

By Patrick M. Kinnally
June
2015
Article
Page 36
If your client is a victim of fraud and the tortfeasor has assets in Illinois, prejudgment attachment can be a way to stop the defendant from dissipating assets before you win your case.

‘Investing’ in Litigation

By Hon. Ron Spears
May
2015
Column
Page 46
The rapid growth of litigation funding raises a host of issues.

Parties may no longer demand a jury of 12

May
2015
Illinois Law Update
Page 16
The Code of Civil Procedure has been amended to restrict the number of jurors a party can demand in a civil jury trial.

Oral rulings are not final judgments for purposes of time limit for appeals

April
2015
Illinois Law Update
Page 16
On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.

Requests to Admit Facts – or Opinions?

By Hon. William E. Gomolinski
April
2015
Article
Page 40
Some appellate rulings on Rule 216 requests to admit facts require defendants to answer questions about whether medical bills are reasonable. That exceeds the rule's scope, the author argues.

Is the switch to six-person juries constitutional?

By Matthew Hector
March
2015
LawPulse
Page 14
The challenge of choosing a six-person panel may make you rethink your jury-selection strategy. But some lawyers are asking whether the change in jury size violates the Illinois Constitution.

Notice may be provided electronically and by traditional mail

January
2015
Illinois Law Update
Page 16
As a result of amendments to the Self-Service Storage Facility Act, any notice made is presumed to have been delivered if it was either:

Why You Probably Can’t Subpoena Email from Google in Your Civil Case

January
2015
Column
Page 43
But you might be able to get it directly from the party.

Applying the Illinois Construction Statute of Repose to Asbestos Litigation

By Cameron Turner & Jaime Bennett
December
2014
Article
Page 592
The Illinois construction statute of repose can be an effective defense in asbestos cases. This article shows how to use or challenge it.

Jury demand in original complaint transfers to third-party claims assigned to the original plaintiff

November
2014
Illinois Law Update
Page 524
On August 18, 2014, the Second District Appellate Court of Illinois held that a plaintiff's original jury demand covered a third-party claim against an insurer that had been assigned to the plaintiff as part of a settlement agreement.

Collecting from Third-Party Personal Injury Defendants after Ponto

By Stephen E. Balogh
October
2014
Article
Page 498
Ponto holds that a plaintiff who has not sued a third-party defendant directly has no right to collect from it directly - even if the third party defendant is more than 25 percent at fault.

The incredible, unciteable Rule 23 order

By Matthew Hector
October
2014
LawPulse
Page 466
Lawyers can cite magazine articles like the one you're reading in their pleadings and briefs - why can't they cite Rule 23 orders?

New Rules for Discovery of Electronically Stored Information

By Gabriel Reilly-Bates, Richard Y. Hu, & Claire E. Brennan
October
2014
Article
Page 480
New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.

Time-limited settlement offer does not moot class representative’s claims

October
2014
Illinois Law Update
Page 472
On August 12, 2014, the Second District Appellate Court held that a time-limited offer to tender settlement failed to moot a putative class representative's individual claims.

Pages

Select a Different Subject