11.    Proceedings Before Trial (Civil)

11.005    First Case Management Conference

Upon the filing of a complaint, the clerk will hand to plaintiff or plaintiff's attorney a case management conference order and set the case for the first case management conference on the first available motion call more than ninety (90) days from the date of filing. The clerk shall indicate the date and time on a motion slip previously prepared by the plaintiff. The completed motion slip is to be served on all defendants along with a copy of the summons and a copy of the complaint. The motion slip will serve as notice to all parties of the first case management conference. In all cases pending as of January 1, 1996, the parties must file with the clerk a case management conference order five (5) days prior to the first status setting after January 1, 1996. (See Appendix R).

Pursuant to the exemption provision of Supreme Court Rule 218, the case management conference requirements of such rule shall not apply to any case pending in court-annexed mandatory arbitration pursuant to Supreme Court Rules 86 et. seq., actions for forcible entry and detainer, actions in small claims, actions in probate, adoptions, actions in paternity, domestic relations post decree matters, any action for the prosecution of municipal ordinance violations and actions to foreclose mortgages.

11.01    Discovery

  1. Days for Taking Depositions

    2. Unless otherwise agreed by the parties or ordered by the court, depositions shall not be taken on Saturdays, Sundays, or court holidays. (See General Order 1.05)

  2. Written Interrogatories

    3. The party serving written interrogatories shall provide two (2) copies to each party to answer the same. The interrogatories shall be reasonably spaced to permit the answering party to make the answer on the served interrogatories. The answering party may attach an addendum to the copies if the space provided is found to be insufficient.

  3. Filing of Documents

    1. Restrictive Filing

      2. No discovery may be filed with the Clerk of the Circuit Court except upon leave of court.

    2. Proof of Serving and Answering Discovery Documents

      3. Discovery pleadings including responsive discovery documents may be served personally or by U.S. Mail. Parties filing discovery pleadings including responsive discovery documents shall file a notice of filing with the clerk of the court with proof of service. The filing of the notice of filing shall be prima facie evidence that the same were served. The notice of filing shall contain the case title and number, date mailed or personally served, the sending and receiving parties, proof of service and shall identify the particular discovery pleading or responsive discovery document served or answered.

11.02    Pre-Trial Conferences

Pre-trial conferences may be held in any action upon the motion of any party or upon the order of the judge.

  1. Marking of Exhibits

    2. At the pre-trial conference or at any time as may be designated by the court, the court may direct that the parties produce all of the exhibits expected to be offered into evidence. Each of the exhibits shall thereupon be marked for identification either by the court reporter, clerk, or attorneys as the court may direct. The parties shall then stipulate to the exhibits to which there are no objections, and such exhibits shall be admitted into evidence without the necessity of further foundation. Any exhibit identified before or during the course of a trial shall thereafter be kept in the custody of the clerk of the court unless otherwise directed by the court.

  2. Pre-Trial Memorandum

    3. In action wherein a pre-trial conference is held, the attorney for each party shall prepare a full and complete typewritten memorandum in substantially the form appended to these rules (See Appendix H) or in the form as the court may otherwise require.

  3. Presence of Parties

    4. Parties or their representatives having final settlement authority shall be present or available by telephone at the time of the pre-trial conference.

11.03    Settlement Prior to Trial

In the event of settlement prior to trial the attorneys for the parties shall promptly notify the judge and the circuit clerk.

11.04    Filing of Briefs or Memoranda of Law

No briefs or memoranda of law may be filed with the Clerk of the Circuit Court except upon leave of court.



Signed:        10/91
Amended:    8/00


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