The Second District avoids causing new ripples in the common law “test the waters” doctrine
Bench and Bar
, September 2016
While the Illinois appellate courts continue to disagree as to whether the “test the waters” doctrine may serve as a basis for denying a motion for substitution of judge, both the Supreme Court and the Second District have signaled that, when considering a Section 2-1001 motion, trial court judges should consider whether the circumstances indicate that a party is seeking to gain a tactical advantage through gamesmanship and judge-shopping.
Spot an error in your article? Contact Sara Anderson at email@example.com. For information on obtaining a copy of an article,visit the ISBA Newsletters page.
Select a Different Author