Subject Index Civil Practice

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.

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.

Responding to Affirmative Defenses

By Jake Crabbs
July
2019
Article
, Page 34
Pleadings often set off a flurry of motions. But what motions, if any, are best employed in response to affirmative defenses?

GE May Bring Good Things to Life, but It Does Not Bring Personal Jurisdiction in Illinois

By Eric J. Muñoz
April
2019
Article
, Page 40
Attorneys would be well-served to appreciate the implications of an important legal trend in personal jurisdiction caselaw and be prepared to incorporate these developments into their practice.

Objective, professional standard imposed for special interrogatories

March
2019
Illinois Law Update
, Page 20
On Dec. 28, 2018, the plaintiff filed a wrongful-death and survival action against a social worker and her employer hospital, alleging negligent care led to his father's death by suicide six days after the social worker visited him.

Cases dismissed for failure to state a cause of action should not be awarded attorney fees under anti-SLAPP statute

February
2019
Illinois Law Update
, Page 14
A condominium association's board sued the property's owner seeking declaratory judgment regarding a parking-place lease.

Petition to intervene in employer subrogation action dismissed for res judicata

February
2019
Illinois Law Update
, Page 14
The plaintiff was injured at work due to alleged negligence of third parties. The plaintiff then filed a successful claim for workers' compensation benefits.

Sworn pleadings, affidavits, or other documents no longer required

December
2018
Illinois Law Update
, Page 14
The Code of Civil Procedure is amended to no longer require pleadings, affidavits, or other documents filed in any court of Illinois to be sworn before an authorized person as long as it is certified in accordance with section 1-109's verification by certification requirements.

Date for tolling limitations period under the Illinois Code of Civil Procedure not determined as a matter of law

September
2018
Illinois Law Update
, Page 16
On May 29, 2018, the Third District Appellate Court of Illinois denied a defendant's motion to dismiss for noncompliance with the Illinois Code of Civil Procedure's section 205, stating timely requirements and untimely limitations.

Don’t Go There…Yet

By Christopher Keleher
September
2018
Article
, Page 36
Default judgments and dismissals with prejudice should only result from persistent misconduct and after less onerous enforcement options and warnings have failed.

Who Can Receive Service for a Corporate Defendant?

By Jake Crabbs
February
2018
Article
, Page 26
The Illinois Code of Civil Procedure allows for service of process on "any agent" of a corporate defendant. But for plaintiffs, determining which employees are "agents" is not as simple as it may seem.

The denial of a motion to dismiss is not appealable following entry of a separate final judgment terminating the litigation

November
2017
Illinois Law Update
, Page 20
The Illinois Appellate Court held that a section 2-619 motion to dismiss is not appealable following the entry of a subsequent final order terminating the litigation.

Email service - it’s the law

By Matthew Hector
October
2017
LawPulse
, Page 12
Heads up, lawyers and judges - effective last July, email service is required and service by fax is dead.

The Pro Se Revolution

By Ed Finkel
October
2017
Cover Story
, Page 22
Cases involving at least one self-represented litigant make up most of the civil docket outside Cook County. What does the mean for courts and lawyers in Illinois?

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