 PART
3. PROCEEDINGS BEFORE TRIAL |
|
3.1
PLEADINGS TO BE READILY COMPREHENSIBLE | TOP |
(a)
Multiple count pleadings. If a pleading
contains multiple counts or affirmative defenses,
each count or defense shall bear a short
title concisely stating the theory of liability
or defense. If the pleading is filed on behalf
of or against multiple parties and all such
parties are not asserting the same claims
or defenses as to all opposing parties, the
title of each count or defense shall also
concisely designate the subgroup of parties
to whom it pertains.
(b) Incorporation
by reference. If the incorporation
of facts by reference to another pleading
or to another part of the same pleading will
cause a pleading not to be readily comprehensible,
such facts shall be realleged verbatim. This
rule does not prohibit the incorporation
of facts as permitted by Supreme Court Rule
134 provided that the pleading remains readily
comprehensible.
3.2 WRITTEN
INTERROGATORIES | TOP |
(a)
Standard form and procedure. The party
serving written Interrogatories shall provide
one copy to each party required to answer
the interrogatories. The interrogatories
shall be reasonably spaced so as to permit
the answering party to make his answer on
the interrogatories. The answering party
may attach an addendum to the copy if the
space provided is insufficient. If an addendum
is attached, it must clearly refer to the
question being answered.
(b)
Limitation on Interrogatories. No
party shall serve on any other party more
than 30 written interrogatories in the aggregate,
including subsections, without leave of court
or agreement of the parties. Leave of court
is not required for Supreme Court Rule 213(e)
pretrial interrogatories for supplemental
disclosure of persons having knowledge of
relevant facts.
3.3 DISCOVERY
DOCUMENTS | TOP |
(a)
Restrictive filing. Depositions, interrogatories,
requests, answers or responses thereto and
other discovery documents shall not be filed
with the Clerk of the Court except as necessary
to resolve disputed issues of procedure,
fact, or substantive law. Depositions offered
for the foregoing purposes shall be filed
pursuant to Supreme Court Rule 207(b)(1).
(b)
Proof of serving and answering discovery
documents. Discovery documents may
be served and answered personally or by U.S.
Mail. Proof of serving or answering discovery
documents shall be filed with the Clerk of
the Court and shall contain the case title
and number, date mailed or personally served,
the sending and receiving parties and adequately
identify the particular discovery documents
being served or answered. The proof of service,
upon being filed with the Clerk of the Court,
shall be prima facie evidence that such document
was served or answered.
3.4
FELONY ARRAIGNMENTS | TOP |
At the arraignment of defendants
charged with criminal offenses and upon a plea
of not guilty, the court may enter discovery
orders on the State and defense counsel with
a time designated for compliance, shall direct
that all motions be on file within a time specified
by the court, and shall place the cause on
a judge's trial calendar.
3.5 PRETRIAL
CONFERENCES | TOP |
(a)
Requirement of pretrial conference. At
least one pretrial conference shall be held
in all civil actions and the attorneys who
expect to try the case shall attend said
conference. The court shall set the time,
date and place of the pretrial conference
and direct that notice be given to all interested
parties. Upon motion of any party, or on
its own motion, the court may order additional
pretrial conferences or docket calls.
(b)
Summary statement of points and authorities. Unless
waived by the court, at least seven (7) days
prior to a contested trial, the parties shall
submit to the court and opposing counsel
a summary statement of points and authorities
citing all cases and statutes which they
expect to argue. The statement may be in
summary form similar to that provided in
Supreme Court Rule 341 (e)(1). Unless otherwise
directed by the court, this rule shall not
apply to misdemeanor, traffic, ordinance
and small claims cases.
(c)
Settlement prior to trial. In the
event of settlement prior to a scheduled
pretrial conference or prior to trial, the
attorneys shall forthwith notify the judge
that the cause has been settled.
(d)
Criminal and traffic docket call. In
all criminal and traffic cases where there
has been a demand for trial by jury, the
court may schedule a docket call and direct
that notice be given to the State and defendant's
attorney of record, or, if the defendant
is unrepresented, to the defendant at his
or her last known address. The notice shall
be given by the Clerk of the Court by regular
U.S. Mail at least fourteen (14) days prior
to the docket call. Attorneys of record who
will try the case and pro se defendants are
required to be present at the docket call.
3.6 MARKING
OF EXHIBITS - Pretrial marking of exhibits | TOP |
At the pretrial conference
or at any other time as may be designated by
the court, the court may direct that the parties
produce all of the exhibits they expect to
offer 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 as 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.
3.7 DISMISSAL
FOR WANT OF PROSECUTION | TOP |
(a)
Procedure. In all cases where no appeal
is pending and there has been no action of
record for a period of eighteen (18) months,
the court may summarily dismiss the cause
of action and it shall not thereafter be
redocketed without both good cause shown
and leave of court.
(b)
Notice of dismissal. Upon dismissal
of any cause for want of prosecution, the
Clerk of the Court shall give all pro
se parties and all attorneys of record
notice of the dismissal by regular U.S. Mail
within fourteen (14) days of the dismissal.
A copy of the notice with the Clerk's certificate
of mailing shall be made of record. Such
cases shall not be redocketed if a motion
to reinstate is not filed within thirty-five
(35) days from the date of dismissal.
| TOP | RETURN
TO INDEX | CONTINUE
TO PART 4 |
|
