Section Newsletters

Articles on Civil Practice and Procedure

Pre-suit Information Preservation Duties in Multistate Cases By Jeffrey A. Parness Civil Practice and Procedure, December 2024 Hard issues may still confront lawyers even when the future forum is known. The Illinois court may need to decide to apply non-Illinois law, including the law of another state or of the United States. Further, the choice of which government’s preservation duty law may vary depending on the form of the preservation duty. 
Reforming Illinois’ Biometric Information Privacy Act: A Crucial Move Towards Balance By Mallory Sanzeri Civil Practice and Procedure, December 2024 This article explores BIPA’s history, intentions, and recent reforms, finding that, ultimately, these updates are critical for balancing individual rights and business feasibility.
Doe v. Catholic Bishop: How to Scrutinize Attorney-Client Privilege By Mohammad Ahmed & Bobby Montesano Civil Practice and Procedure, October 2024 Attorney-client privilege is an anchor of the legal profession, fostering open communication between attorneys and their clients. This privilege encourages clients “to engage in full and frank discussions with their attorneys without fear of compelled disclosure of information.” As such, the attorney-client privilege is an essential component of effective legal representation.
Everything Old Is New Again: Litigating 2-1401 Petitions By Hon. Eugene G. Doherty Civil Practice and Procedure, October 2024 If, after judgment, a party files a motion pursuant to Section 2-1401 of the Illinois Code of Civil Procedure, all bets are off. Pleadings start to fly with all the accuracy of a tee-shirt cannon at a ball game. How do we maintain our litigation discipline in the post-judgment setting?
Somebody’s Watching Me: Balancing the Absolute Litigation Privilege With Protection From Abusive Surveillance By Shawn Wood & Jake Maginn Elder Law, September 2024 In Goodman v. Goodman, the appellate court held that the absolute litigation privilege barred a claim for intentional infliction of emotional distress arising from extensive surveillance of the plaintiff in a divorce proceeding.
Ethical Practices in the Email Age Washington State Judge Bans AI Enhanced Video Evidence By David W. Inlander & Ronald D. Menna, Jr. Civil Practice and Procedure, June 2024 In March, a Washington trial judge entered an order barring a criminal defendant’s use of artificial intelligence enhanced video.
Somebody’s Watching Me: Balancing the Absolute Litigation Privilege With Protection From Abusive Surveillance By Shawn Wood & Jake Maginn Civil Practice and Procedure, June 2024 In Goodman v. Goodman, the appellate court held that the absolute litigation privilege barred a claim for intentional infliction of emotional distress arising from extensive surveillance of the plaintiff in a divorce proceeding.
Choosing Parentage Laws By Jeffrey A. Parness Civil Practice and Procedure, May 2024 Illinois Department of Healthcare and Family Services ex rel. Hull v. Robinson highlights the challenges facing lawyers and judges when parentage issues arise in two or more states.
The Death of the Best Evidence Rule By Ronald D. Menna, Jr. Civil Practice and Procedure, May 2024 In People v. Smith, the Illinois Supreme Court held that the Illinois Rules of Evidence codified and abrogated the common law best evidence rule.
Illinois Supreme Court Reminds Litigants to Seek Relief Before Complaining of Error By Hannah R. Lamore Civil Practice and Procedure, April 2024 In its latest response to untimely electronic filings, the Illinois Supreme Court reminds litigants to seek relief before complaining of error
Which Expired First: The Defendant or the Statute of Limitation? Plaintiffs Need to Know By Harry Dubnick Civil Practice and Procedure, April 2024 Jamie Lichter v. Kimberly Porter Carroll, Special Administrator for the Estate of Donald Christopher, Dec’d presents a question of the application of the statute of limitation to a defendant whose passing between the date the claim arose and the date of the filing of the lawsuit is unknown to the plaintiff.
‘… and Nothing But the Truth.’ By Nigel S. Smith Civil Practice and Procedure, April 2024 A summary of a recently tried small claims case involving a dispute between a landlord and tenant.
Application of the U.S. Supreme Court’s Decision in Mallory v. Norfolk Southern Railway Co. to General Personal Jurisdiction in Illinois (and Beyond?) By Carlos A. Vera & Daniel M. Yukich Civil Practice and Procedure, March 2024 In Mallory v. Norfolk Southern Railway Co., the United States Supreme Court ruled that a state statute that requires foreign corporations conducting business in Pennsylvania to consent to general jurisdiction does not violate the Due Process Clause of the Fourteenth Amendment.
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Elder Law, March 2024 A checklist of the steps needed to pursue electronic service in Illinois courts.
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Legal Technology, Standing Committee on, February 2024 A checklist of the steps needed to pursue electronic service in Illinois courts.
Considerations Following an Award at Trial: Prejudgment Interest and Costs By Derek G. Dominguez Civil Practice and Procedure, December 2023 Prejudgment interest, signed into law by Governor Pritzker in 2021, was meant to encourage settlement in personal injury and wrongful death actions by introducing the potential for interest on judgments obtained in cases where defense counsel fails to make a timely or reasonable pretrial offer.  
TL;DR: A Shorthand Guide to Service by Electronic Means Under Illinois Supreme Court Rule 102(f) By Joe Souligne Civil Practice and Procedure, December 2023 A checklist of the steps needed to pursue electronic service in Illinois courts.
Supreme Court Rules Committee to Hold Public Hearing on Civil Practice Proposals By J. Matthew Pfeiffer Civil Practice and Procedure, September 2022 The Illinois Supreme Court Rules Committee will hold a public hearing on October 5, 2022, to seek comments on six proposed amendments to the Illinois Supreme Court Rules, four of which pertain to civil practice.
Illinois Supreme Court M.R. 31228 Civil Practice and Procedure, August 2022 M.R. 31228 for the first time establishes Time Standards for Case Closure in the Illinois Trial Courts effective July 1, 2022
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Local Government Law, August 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Time in a Bottleneck: Living With the Time-to-Disposition Standards By Eugene Doherty Civil Practice and Procedure, August 2022 A look at why attorneys should care about the time-to-disposition standards.
Time Standards Establish ‘Statewide Expectation for Judges, Litigants, and Attorneys’ By Hannah R. Lamore Civil Practice and Procedure, August 2022 On March 25, 2022, the Illinois Supreme Court entered an Order establishing Time Standards for Case Closure in the Illinois Trial Courts, which went into effect on July 1, 2022.
Emergency Preparedness Tips and Resources for Attorneys By Emily N. Masalski Civil Practice and Procedure, July 2022 On July 6, 2022, the Illinois Supreme Court announced the creation of the Supreme Court Committee on Judicial Security and Safety, which will collaborate with judicial and law enforcemnet partners to monitor and review current and anticipated judicial security needs and practices.
ESI: A Primer By George Bellas & Joseph Dybisz Commercial Banking, Collections, and Bankruptcy, July 2022 Because exorbitant litigation costs resulting from complex e-discovery could materially impact a client’s ability to prove a given claim or defense, knowing how to identify, preserve, and negotiate with opposing counsel to obtain relevant electronically stored information presents critical leverage points during e-discovery.
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Alternative Dispute Resolution, July 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Keys to Increasing Your Prospects for Success in Mediation: Insights From Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Commercial Banking, Collections, and Bankruptcy, July 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Appellate Court Dodges an Interesting Question: Kallal v. Lyons By Robert Handley Civil Practice and Procedure, May 2022 A summary and analysis of Kallal v. Lyons.
ESI: A Primer By George Bellas & Joseph Dybisz Civil Practice and Procedure, May 2022 Because exorbitant litigation costs resulting from complex e-discovery could materially impact a client’s ability to prove a given claim or defense, knowing how to identify, preserve, and negotiate with opposing counsel to obtain relevant electronically stored information presents critical leverage points during e-discovery.
Keys to Increasing Your Prospects for Success in Mediation: Insights from Chief Circuit Mediator for the U.S. Court of Appeals for the Seventh Circuit By Edward Casmere Civil Practice and Procedure, May 2022 Highlights from conversations with Joel Shapiro, a mediator at the U. S. Court of Appeals for the Seventh Circuit for the last 28 years.
Rule 137 Sanctions By Richard Douglass Civil Practice and Procedure, May 2022 Every now and then, our adversaries cross the line by pursuing frivolous claims. And if reason alone is not enough to dissuade them from pursuing such claims, often the best action we can take on behalf of our clients is to seek sanctions under Rule 137.

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