Sliding Into the DMs: The New Rules of ServiceBy Judd FinebergFamily Law, September 2023In April 2023, the Illinois Supreme Court amended Supreme Court Rule 102, allowing for service of process via social media, email, and text message.
Sliding Into the Respondent’s DMsBy Deanna HoytWomen and the Law, September 2023Newly amended Illinois Supreme Court Rule 102 allows plaintiffs to serve a summons or complaint through text message, email, or even social media.
Lawyers in small firms and solo practice must understand technology that impacts the practice of lawBy Jonathan NesslerLaw Office Management and Economics, Standing Committee on, September 2017The Illinois Supreme Court recently updated the Illinois Rules of Professional Responsibility to make it clear that, in order to provide competent representation, attorneys must keep up-to-date with relevant technology and relevant advancements in technology.
Strict Compliance with Supreme Court Rule 191(a) is mandatoryBy Albert E. DurkinBench and Bar, September 2017On August 17, the Second District Appellate Court ruled that strict compliance with Supreme Court Rule 191(a) is mandatory and that failure to attach documents relied upon in support of a 191(a) affidavit is fatal.
Chair’s column: Keep it simpleFamily Law, April 2017A look at the procedural tools available within the Code of Civil Procedure and Supreme Court Rules that allow us to simplify trial.
Can a defendant be compelled to submit to a Rule 215 physical or mental examination?By Albert E. DurkinMental Health Law, February 2017Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
Appellate court warns practitioners to comply with Supreme Court Rule 341(h)(3) or have their brief strickenBy Richard D. HanniganWorkers’ Compensation Law, January 2017The Appellate Court's decision in Dayton Freight Lines v. IWCC et al. contained an admonition: "In the past we have noted the deficiencies in the briefs which we have received but nevertheless addressed the issues raised and the resolve those appeals without striking the offending brief or appendix. In the future, however, this court may not be so inclined. Practitioners would be well advised to heed our warning."
Can a defendant be compelled to submit to a Rule 215 physical or mental examination?By Albert E. DurkinTort Law, December 2016Are there circumstances where a plaintiff can request that the Court compel the defendant to submit to a physical or mental examination by a physician designated by the plaintiff? The case of Jane Doe v. Norman Weinzweig answers that question.
E-mail service: Ready or not, it has arrivedBy Mark C. PalmerLegal Technology, Standing Committee on, November 2016In accordance with Supreme Court Rule 131(d)(1), attorneys filing or serving documents in any cause must include an email address on the document.
Who signs the certificate of service? Rule 12(b)(3) and the pitfalls of noncomplianceBy Michael M. ShemkusCivil Practice and Procedure, November 2016Illinois Supreme Court Rule 12 sets forth the requirements for proving service of documents in state court. It distinguishes between the certificate of an attorney and an affidavit by a nonattorney. A party’s failure to appreciate the difference between the two can prove fatal, as the defendant in People v. Tlatenchi learned the hard way.
Failure to comply with Illinois Supreme Court Rule 552’s 48-hour requirement: What is the proper remedy?By Anisa L. JordanTraffic Laws and Courts, October 2016What is the proper remedy for a violation of Rule 552? To answer this question, the Illinois Supreme Court stated that it first must determine whether Rule 552 was directory or mandatory. The Court noted that making this distinction would guide the court in determining the proper remedy for failure to comply with Rule 552’s timing requirement.
A brief primer on Rule 191(b) affidavitsBy Troy E. HaggestadCivil Practice and Procedure, July 2016When in doubt, seek a continuance supported by an affidavit, signed by your client, that complies with Rule 191(b). Failure to do so will likely constitute a waiver of any subsequent argument that dismissal or summary judgment was premature.
Specifically naming defendant in caption of summons required Supreme Court Rule 101(d)By Bradford J. PetersonConstruction Law, February 2016Although Supreme Court Rule 101(d) provides that a Summons must “substantially comply” with the model form, such substantial compliance is insufficient where the caption of the Summons fails to name the defendant being served.
A cautionary tale in criminal casesBy Hon. Celia G. GamrathBench and Bar, October 2015The rulings in Seal and Ames demonstrate the Appellate Court is willing to reverse a conviction where the defendant is not given Rule 401(a) admonishments at the time he waives counsel.