Rules of Practice - 5th Judicial Circuit of Illinois


Rule VI.

Pre-Trial Procedure

INDEX    Rules of Practice


 

A. Supreme Court Rule 222
(1) Compliance with Rule 222
Supreme Court Rule 222 applies to all civil cases, except those specifically excluded by paragraph (a) of the rule
(2) Affidavit re Damages Sought
When filing a complaint, failure to file an affidavit regarding damages sought as required by the rule shall require the Court to consider that the damages sought do not exceed $50,000.

B. Case Management Conferences
(1) Compliance with Supreme Court Rule 218
Supreme court Rule 218 applies to all civil cases except small claim cases and cases where a progress call date has been assigned at the time the complaint was filed.
(2) Initial Case Management Conference
The parties shall request a case management conference within 35 days after the parties are at issue and in no event more than 182 days following the filing of the complaint. The request shall be in writing and directed to the clerk of the court. Failure to timely request a conference shall be cause for dismissal for want of prosecution.
(3) Necessity and Purpose of Case Management Conferences
Case management conferences shall be held in all cases where required by Supreme Court Rules 218, 923, or other Rule or statute. Upon motion of any party or on its own motion, the Court may order that a case management conference be held in any civil action. A discovery calendar and trial date shall be be set at the case management hearing. Discovery deadlines and trial settings may not be changed except by leave of the Court.
(4) Case Management Memorandum
In actions in which a case management conference is held, the attorneys for each of the parties shall prepare a full and complete typewritten case management memorandum substantially in the form set forth in appendix A and shall deliver to the judge at the time of the conference the original and sufficient copies for all parties.

C. Settlement Prior to Trial
In the event of a settlement prior to trial, the attorneys for the parties shall notify the judge or in the judge's absence, the clerk of the court, immediately.

D. Pre-Trial Marking of Exhibits
At a conference with the Court preceding the trial, the parties shall produce all of the exhibits they expect to offer in evidence. Each of such exhibits shall thereupon be marked for identification either by the court reporter or by the attorneys as the court shall direct. The parties shall then stipulate as to the exhibits to which there is no objection and such exhibits shall be admitted without the necessity of any further foundation

E. Trial Memorandum
(1) Preparation and Use
In jury cases, to assist the Court in its voir dire examination of juries under Supreme Court Rule 234, plaintiff's attorney shall submit to the Court, at the time the case is called for trial. a brief trial memorandum (suggested form - Appendix B) and furnish a copy to opposing counsel who may suggest amendments thereto. The Court shall exercise its discretion in its use of the trial memorandum.
(2) Unusual Statutes
If the application of or interpretation of a statute or rule of  law is deemed of particular significance by counsel for any party, counsel shall call the Court's attention to the same in writing either in the trial memorandum or at the case management conference.

 

Rule VI. - Pre-Trial Procedure (page 1 of 1)