Tips for Practicing in the Commercial Section, Law Division, Circuit Court of Cook County

Foreword by Honorable James M. McGing (Retired Supervising Judge Law Division) Miller & McGing Law Firm and of counsel to Morici Figlioli & Associates.

As Co-Chairman of the Chicago Bar Association’s Committee for the Municipal and Law Divisions of the Circuit Court of Cook County, along with Judge Joseph Panarese, I am privileged to be able to invite incredible speakers to come and present at our monthly meeting. 2020 started with our January meeting speakers: Supervising Judge Margaret A. Brennan, Judge Patrick J. Sherlock and Judge James E. Snyder of the Commercial Section, Law Division. 

The information and presentations these veteran judges gave was immensely helpful, important and practical. I have received many compliments from attorneys, judges and law students who attended. A special thanks to Emma Steimel, Assistant Attorney General, Civil Prosecution Division and Executive Committee member for providing a summary of the presentation and her notes for others which are set forth below. Remember our committee provides free CLE to all CBA members in Courtroom 1307, Daley Center 1-2 times per month and the public is welcome. First Municipal Presiding Judge E. Kenneth Wright hosts each meeting.  

From Illinois Assistant Attorney General Emma Steimel:

Uniform Standing Order

- There is a Uniform Standing Order for the Commercial Section of the Law Division that litigants should familiarize themselves with:- https://www.cookcountycourt.org/Portals/0/Law%20Divison/Standing%20Orders/7.15.19%20Commercial%20Calendar%20Uniform%20Order.pdf

- The order dictates that parties should exchange witness, exhibit lists, and other trial materials with each other 45 days in advance of trial. Parties should deliver trial materials to the Court 14 days prior to trial.

- Judge Snyder suggested that it was acceptable to use the Standing Order to advocate for your client. For example, a party could point to the Standing Order as a basis for denying an opposing party’s motion.

- The Commercial Calendar has Court Coordinators. Court Coordinators can be contacted with questions, but should be contacted only after reading the Standing Order and as a last resort.

Emergency Motions

- Judges do not like motions labeled "emergency" unless a true emergency exists. 

- In particular, the Judges feel that discovery motions are almost never emergency motions.

- In the Commercial Section, a party filing an emergency motion will first be required to give a copy of that motion to their law clerk. The Judge will read the motion to determine if it is a true emergency. Only after the Judge has reviewed the motion and determined that it is an emergency will the motion be set.

- Judges will want to know if you have informed the other side about the emergency motion.

Motions to Compel

- Judge Sherlock stated that litigants should not delay filing Motions to Compel until the discovery cut-off date. Rather, if parties come to an impasse during discovery, a Motion to Compel should be filed rather than waiting until the end of discovery and asking for more time. Remember Supreme Court Rule 201(k) requirements before a Motion to Compel is filed. 

- Judges also cautioned attorneys to pick their battles during discovery and for Motions to Compel. For example, if a Judge reads a party’s answers to Interrogatories, and sees that the party has objected to every single interrogatory, regardless of the question, then you will have lost credibility with the judge.

Mandatory Arbitration

- 50% of cases that go to Mandatory Arbitration are resolved.

- Local Rule 25 governs Mandatory Arbitration for the Commercial Calendar

- Important differences from the Municipal Division Mandatory Arbitration Program:

o Rejection period is only 7 days.

o Parties (not just the attorneys) must sign the rejection.

o If you reject the arbitration decision and lose at trial, you are responsible for opposing side’s attorneys’ fees from the date of arbitration through trial.

o Rejection Fee is larger.

o Discovery is stayed 30 days prior to Arbitration but not closed. Further discovery could be completed after the arbitration decision is rejected.

- Important to remember that any part of a case or issue in the case can be sent separately to arbitration. See Rule 25 and its subparts here:- https://www.cookcountycourt.org/FORATTORNEYSLITIGANTS/RulesoftheCourt/RulesoftheCourtList/tabid/1160/cid/347/smid/3566/tmid/453/Default.aspx

Courtesy Copies

- Judges emphasized the importance of receiving a hand-delivered paper-courtesy copy prior to the hearing.

- E-filing button that says “courtesy copy” does not work.

- If you are filing a Motion to Strike a Pleading, for example, make sure to attach the pleading.

- Include everything the Judge needs to review to make a decision, make it easy for the Judge to grant your motion.

Judge Preferences

- Judge Brennan expects litigants to adhere to the page limitations in the Standing Order and rarely grants motions for additional pages. Judge Snyder is less concerned about page limitations.

- Don’t waste pages reciting the legal standards for Motions to Dismiss, Strike, Summary Judgment, etc., keep the standards concise. Don’t waste pages on string cites, especially for relatively straight forward legal concepts.

- Judge Brennan is fine with piggy backing motions on status except no motions should be piggy backed on clerk statuses.

- Judge Snyder likes timelines, if applicable.

- Judge Sherlock seldom has oral arguments on Motions to Dismiss.

Trial

- The Commercial Calendar has a Trial Standing Order. All judges hold Final Pre-Trial Conferences for Jury Trials. Some do not hold Final Pre-Trials for Bench Trials. Check with your Judge, some have their own Trial Standing Order.

- Parties should discuss jury instructions prior to the Final Pre-Trial to eliminate any duplicative instructions.

- Parties should mark exhibits before submitting to the Court 14 days in advance.

- Judges like binders with exhibits, or a jump drive pre-loaded with exhibits.

- Judges do not like to end a day of trial early because a witness is not there to testify. Judges are most concerned about wasting the jury’s time.  

Settlement Conferences

- All judges conduct settlement conferences. Parties can have a conference before their judge or can be referred to a different judge for a settlement conference by order of Presiding Judge James Flannery.

- There is a Standing Order for settlement conferences created by Judge Mulroy. The Order requires parties to give opening statements. Judge Brennan and Snyder do not require openings.