Tips for Handling Civil Cases Throughout the State of Illinois
Throughout my personal injury and workers’ compensation practice, I have been fortunate to handle cases throughout the State of Illinois in both State and Federal court, in multiple districts of the Appellate Court and the Supreme Court of Illinois. I have also handled cases nationwide, including in Indiana, Missouri, Kentucky, Colorado, Nevada, and Michigan. Some of these cases required multi-week trials far from my home. I’ve spent the night in many Hampton and Holiday Inns, found the best local coffee shops, and rushed to get a dinner order in before the kitchen at the corner tap closed. Today, about 50% of my caseload is outside of my “home county.”
Every locale has its own unique practice and procedure. This article will address a few tips for when you find yourself far from home.
Check the local rules and standing orders
The most important tip is hopefully the easiest: check the local rules and standing orders for the county/court/judge to whom you have been assigned. Although the Illinois Code of Civil Procedure and Illinois Supreme Court Rules dictate most of our procedure, local rules and a judge’s standing order can greatly impact your practice. While they cannot conflict with the Code of Civil Procedure or Supreme Court Rules, they can modify them and address issues on which these rules are silent. Local rules can address anything from when a motion for summary judgment or request to admit can be filed, whether and how the court accepts courtesy copies, when the court accepts agreed orders, briefing schedules, and procedures for approving settlements for minors, decedents, and disabled persons. A few judges I have appeared in front of have standing orders forbidding a motion for summary judgment from being filed until an informal conference has been held with the judge. You do not want to have to explain to your client, or partner, or even your spouse or yourself, that you devoted hours of time compiling a motion for summary judgment and all of the exhibits just for the judge to strike it because you did not comply with a local rule or standing order.
Talk to the locals
The written local rules and standing orders are great, but sometimes the most important things are unwritten. Every court and every judge has their own likes and dislikes that are not committed to writing. Either retaining a local lawyer, or at least talking to local attorneys, will have valuable insight into the practices of the court and judge. Once again, these “unwritten rules,” can be critical. How does the judge handle voir dire? What hours are devoted to trial? How strict or lenient is the judge on “for cause” or “hardship” challenges? I’ve had situations in one county which would not be considered a hardship which in another county resulted in the immediate dismissal of a juror without question or comment sought from the lawyers. One of the many benefits of the ISBA is our network of lawyers throughout the state. Use that network and gather the information you need to zealously represent your client.
Observe the judge
After scrupulously reading the local rules and your judge’s standing order, and after talking to local attorneys, make time for yourself to observe the judge handling other cases and see how he or she addresses common issues. Also observe what kind of call the judge handles. In most parts of the state, judges often have general calls, addressing everything from probate to family law to civil cases to name changes. Regardless of the type of call or what you know about a judge’s background, never take for granted that they “know” your area of law or your issue. Always thoroughly explain the law and your position. This is also very helpful in courts where law student interns or law clerks handle the initial drafting of a decision.
When I am handling a case before a judge or county that is new to me, I will always make an effort to observe them before I appear in front of the Court. Or, if I cannot observe them before the call, I will show up early and/or stay late during my call to get a better handle on the judge. With Zoom (more on this in a minute), this has become an easier proposition.
To Zoom or not to Zoom
Supreme Court Rule 45 requires, in my understanding, courts to allow routine non-evidentiary matters via remote appearance such as Zoom. Some judges love it. Some hate it. Some begrudgingly accept it. Regardless of whether a judge allows appearance by Zoom, it is important to find out to what extent your judge “likes” Zoom. Particularly when appearing in a new county or before a new judge, I will usually make an effort to appear in person the first time a case is up. Even in counties that I appear in regularly and are accepting of remote appearances, I still make an effort to periodically appear in person. I think many judges appreciate the effort. When a case or issue becomes complicated, it is better to appear in person. Sometimes, however, remote appearances cannot be helped. If I am before a Zoom-resistant judge, I will explain why I am appearing remotely or why I can only appear remotely on a certain day, such as that I will be out of town for a deposition, traveling for a bar event, or a family conflict.
Observe the community
In addition to knowing your court and judge, get to know the community your case is going to be heard in—especially if your case is going to be resolved in a jury trial. Is there a major employer or employers in town? I once tried a case in a county where the defendant was a large employer and large community presence, so much so that the defendant moved for a substitution of judge from the judge to whom we were initially assigned and the only other judge assigned to that county recused himself. Many prospective jurors also had some relationship to the defendant. Another important consideration is the timing of a trial in counties where farming is the major industry. Depending on when your case is tried, you may be limiting your juror pool.
ABK: Always be kind
The final tip is not unique to this article. Always be kind to everyone you encounter. With all due respect to the judiciary, always, always, always be the nicest to the sheriff deputies, bailiffs, and court staff. This not only includes, but is especially true, when you believe you are being treated poorly, unfairly, or you feel looked down upon as an “out of towner.” But never be afraid to (kindly) ask questions of the judge or court staff to make sure you are following the right procedures.
Dennis M. Lynch is the owner of Coleman Lynch & Partners, which represents injured clients statewide. He currently serves on the Tort Law Section Council (previous Chair), the Civil Practice Section Council, and the Bench and Bar Section Council. He has previously served on the ISBA Board of Governors and Assembly.