Admit it, Rule 216 is confusingBy Troy HaggestadCivil Practice and Procedure, September 2015A look at one of the legal gray areas that remains as a result of Vision Point of Sale, Inc. v. Haas.
The importance of knowing and following the rulesBy Nigel SmithBench and Bar, April 2015A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.
The importance of knowing and following the rulesBy Nigel SmithCivil Practice and Procedure, March 2015A recent Virginia Supreme Court decision illustrates the danger of not paying the entire filing fee for a civil complaint, and then mailing the missing $2, only to have the check arrive at the court clerk’s office beyond the statute of limitations date, causing a $2.5 million personal injury suit to be dismissed.
Lawyer investigations into uncertain parentageBy Jeffrey A. ParnessCivil Practice and Procedure, March 2015With the growing phenomenon of uncertain parentage, lawyers also cannot assume that an established legal parentage in one setting will apply in all other settings.
A decision, finally, after nineteen years: Case reviewBy Michael J. MaslankaHuman and Civil Rights, January 2015Although the order in this case was filed under Supreme Court Rule 23, it has a very interesting history and some good tips for employers. Unfortunately, it is also a sad commentary on the delay of justice in some cases.
Abolish Rule 23 non-precedential ordersBy Robert T. ParkCivil Practice and Procedure, December 2014Many Rule 23 orders contain important and unique statements of the law, which could be of value to brief writers and judicial decision makers at the trial and appellate level.
Gold Dust Coins: Shining light on high court’s “effective date of service” rulesBy Stephen SoteloCivil Practice and Procedure, March 2014The key takeaway of Gold Dust Coins: S.C.R. 12’s “Effective Date of Service” rules are used to “measur[e] time periods that begin to run from the date of service,” not to shorten “the time [allowed] for compliance.”
Wake-up call: Wills and Supreme Court Rule 138By Mary CascinoTrusts and Estates, January 2014The Trusts and Estates Discussion Group recently brought up a very interesting discussion about Illinois Supreme Court Rule 138, parts of which are to take effect January 1, 2015.
Electronic service of documents—Service that cannot be avoidedBy Carl R. DraperLegal Technology, Standing Committee on, September 2013On October 4, 2013, the Illinois Supreme Court will hold a public hearing at its office in Chicago to consider amendments to Supreme Court Rule 138 (Protecting Personal Identity Information) and Proposal 13-06 amending Rule 11 mandating that parties provide e-mail addresses by which they may be served with documents after the initiation of a case in circuit court or on appeal. The announcement from the Supreme Court invites public comments on the proposals, which should be submitted in writing by Friday, September 20, 2013.
Unbundling family lawBy Lisa M. NyuliFamily Law, September 2013Limited scope representation is sure to be with us as the practice of law continues to change. Family law practitioners need to be proactive in defining what that means for us, and for our clients, so that we can provide high quality services to our clients, regardless of the task.
Supreme Court access to justice initiativesBy Hon. Lloyd A. KarmeierBench and Bar, June 2013A look at the five proposals that the Supreme Court has recently considered and approved in its effort to improve access to justice.
Supreme Court adopts new foreclosure rulesBy Hon. Mathias W. DelortBench and Bar, April 2013An explanation of the new Illinois Supreme Court Rules that address practice and procedure in foreclosure cases.
E-service—It is time to serve others as you would wish to be servedBy Carl R. DraperLegal Technology, Standing Committee on, February 2013In late October, 2012, the Supreme Court announced revisions to the Rules of Civil Procedure relating to service of pleadings effective on January 1, 2013. The change made in Rule 11 allowed service of documents to be completed by electronic submission.