Subject Matter Jurisdiction

Power of IL State Court over the SMJ of an action. 

3 Tier Court System

1. IL Circuit Courts

2. IL Appellate Courts

3. IL Supreme Court

The Circuit Courts are courts of original and general jurisdiction, except where there is exclusive jurisdiction in another forum

- IL S.C.: Original and exclusive: Governors' vacancies, Legislative Redistricting 

- Fed Cts: Exclusive jurisdiction over various kind of weird manners

Subject Matter Jurisdiction

IL Appellate Courts

IL Appellate courts are courts of appellate jurisdiction and therefore only have jurisdiction over appeals.

Rule: Only final orders may be appealed to the appellate courts: FO is order that leaves nothing left to be done in the lower court

Exceptions:

a. Partial Final Orders: May be appealed right away IF lower court finds no just reason to delay the appeal

b. Significant orders: may be appealed if both the lower and appellate ct find doubt on a controlling issue of law such that appellate review would materially advance litigation

1. Original and Exclusive: Gov's Vacancies and Legislative Redistricting

2. Appellate Jurisdiction: Review orders from below

a. Mandatory: Must review any order entered by an IL court that declares any statute unconstitutional

b. Discretionary: May review any order it wants

Subject Matter Jurisdiction

Quirks

How appeal an order entered by Circ Court?

- File a notice of appeal within thirty days of the entry of the order you are appealing from

- Waiver or consent? SMJ can NEVER be waived or consented to 

PJ is the power of the IL court over the defendant's person or property

IL ct's have PJ if:

1. IL Law must grant personal jursidction and

2. Must be constitutional

Express: 

a. D will appoint its agent to accept process on its behalf in Illinois

b. D entered a K expressly agreeing to PG over it in IL State Court

c. "D expressly consents to PJ over it"

Implied:

a. D fails to object to a PJ in its first response to a complaint. A waiver.

b. D must file 1st response within 30 days of service or within 60 days if they waive formal process

Dancing: Actual voluntary physical walking around presence of an individual while served with process

Domicile: D is not actually present in IL, but its true home is in IL and he intends to return to IL

Doing Business: regular systematic and continuous in state business. Not merely for solicitation

Land: D owns or posses land in IL from which the lawsuit derives

Injury: Injury in IL from D's tort from which the lawsuit derives

Matrimony:The D performs an act in IL from which an action for separation, annulment, or divorce derives

Insurance K: D enters an insurance K for a risk located in IL from which lawsuit derives

Transaction: of a business can be a single transaction in IL so long as a lawsuit derives from transaction

Catchall: Il cts have PJ to the maximum extent allowed by the constitution

PJ is Constitutional if D is engaged in such 

- Minimum Contacts that it would not offend

- Traidtional notions of Fair play and Substantial Justice

- D has purposefully availed itself of the benefits of IL

- Put another way, could the D reasonably expect to be sued in IL state court

Service of Process

Mechanics

Authorized?:Sherriff, Deputee, Non party over 18yrs, Coroner 

Time Frame: Summons expires 30 days after its issuance, but a server may reserve a summons and continue to serve if it uses reasonable diligence

Proper Served if:

a. Method must be proper under IL rules and

b. Method must be constitutional 

1. Was reasonably calculated to apprise interested parties of the litigation

Personal Service: authorized process server makes personal in hand delivery on the person of D.

- proper in the vicinity of a reluctant D

- Must have evidence of reluctance and w/in wingspan surrounding D

Abode: authorized server leaves a process at D's last and usual abode

- with a 13 year old or over household member informing person of its contents

- Mailing a copy to same address

Waiver: P simply mails complaint to D w/ a request to waive formal process. get 60 Days to respond

AT HIM

Corporations and Partnerships

-Personal service or mail request for waiver on: Authorized agent, Qualified Agent, or any Partner in pursuit of Partnership

- Qualified: agent whose duties indicate an appreciation of a need to transmit a process to a responsible person

Partnership Exception: 

- Can serve one D partner personally and mail process to all other D partners who have an IL connectin

Only available if:

Real Property: action must involve D's real property in Illinois

Affidavit: P must file one swearing that either D has left state or after due inquiery, couldnt otherwise be issued and

Mail the process to D's last known addy if known

Publish: once a week for 3 weeks in a row in a newspaper circulating where action is pending

Venue

Generally

Venue is proper in a county where either

a. any D resides: domiciled if person, entities: where do business, have an office, or where any single partner lives or

b. any part of the claim arose

Governmental entities: venue proper where principal office located

Real Property: Venue proper only in a county where land is located

Absent Defendant: if non reside in IL, venue becomes proper in any county

Illinois Ins Co v. D: P's residence becomes an additional proper venue

Libel: venue proper where any D resides and where the libelous article was composed

Venue

Motion to Change Venue

Motion to relocate action based on the prejudice or bias of the inhabitants of a county

Reqt's: Movant must file an affidavit swearing that it fears bias by those inhabitants. 2 supporting affidavits from inhabitans of the county swearing to truth

Time limit: Must be filed before the judge has resolved a substantial merits based issue

Venue

Forum Non Conveniens

Even if there is SMJ, PF, and venue in a forum in IL: nonetheless, ct has discretion to dismiss for forum non conveniens

Characteristics:

a. Ct has discretion to weigh invonvenience

b. To dismiss for gross inconvenience

c. that is Conditional: judge must assure itself the D will waive any objection to the running of the SOL and to service of process if the P refiles within six mnths

Pleadings

Complaints

IL is a Liberal Fact pleading state

Must contain: Facts that constitute a cause of action, but in IL, pleadings are construed liberally for justice

Quirks:

a. Verified Complaints: sworn by someone w/ knowldge of facts alleged, all must be verified if initial is

b. Complaints based on written instruments: must be attached as an exhibit

c. Punitive Damages may not be initlaly requested, hearing where judge decides and then amendment

Answers must

1. Admit those allegations that are true

2. May deny untrue allegations

3. Insufficient information from which to admit or deny: in IL must attach affidavit that after due inquiry, still insufficient

Affirmative Defenses

- Must be in an answer or else it is waived

- True Aff. Defense=D assures arguendo that all allegations are true and nonetheless, raises an affirmative matter that still defeats the claim

Pleadings

Amendments

Relation Back

Relation Back of amendments to conform to the SOL period:

An amendment to complaint to add a new claim or new parties that is not timely but which may relte back in time t conform to the SOL

Claim: New claims relate back if they derive from the same transaction or occurrence as the original timely filed claim

Parties: Knowledge of the claims, Identity Mistake, Service of process time frame must acquire knowledge of mistake within the time frame allowed for SOP, Same transaction: claims derive from same T's as timely filed complaint

SOL: Torts: 2 years to file from discovery of claim. Statute of Repose: Absolute timebar on claims that runs fro occurence (med malpractice:2yrs time bar), Excension of limitations: if plaintiff under 18 or otheewise disabled, P gets 2 yrs to file from date teh disability is removed

General Policy: Liberal and persuasive joinder policy

a. liberal: encourges joinder to a single lawsuit

b. Persuasive: joinder is not compulsory, no dismissal for failure to joint parties

Joinder of Claims: Plaintiff may join parties to a lawsuit so long as the claims involving those parties derive from the same transaction, occurrence, or at leas same series of transactions or occurrences

Joinder of Parties: May join parties to a lawsuit so long as the claims involving parties derive from same transaction, occurrence, or same series of T's or O's.

Impleader: D may implead a brand new claim against a brand new third party if third party may be liable to D for all or part of D's same liability to P

- Look for: indemnity or contribution

Interpleader: Holder of a common fund may come to ct as a plaintiff and interplead as defendants all liable claimants to its fund

- Common Fund + Rival Claimants

- Look for: Insurance K with 2 rival Beni's

Intervention: Act of a nonparty in moving to intervene to become a party in an ongoing lawsuit

-As of Right: Intervener has right to intervene if it has an interest that will be adversely affected by lawsuit and not protected by parties

-Permissive: IL judges have discretion to grant permissive intervention if there is a commonality of issues btwn those in on going lawsuit and those effecting the intervener 

Joinder

Class Actions

An action in which a named party represents a class of commonly situation absent parties

Fundamental Reqt: Tremendous judicial involvement

a. Judge must grant motion for class certification

b. Judge must order notice reasonably calculated to apprise class members of the clawsuit

c. Judge must approve of any settlement of the class action

5 Class Certification Reqts for All Class Actions: NAACP

1. Numeracity: Class must be so numerous a joinder of them all would be impracticable (>40)

2. Adequacey: Named P and Class Attny must fairly and adequately represent Class

3. Appropriateness: Class action device must be appropriate method of adjudicating mult. claims

4. Commonality: Must be common issues of fact or law that pertain to class

5. Predominance: Common issues must predominate over individual issues

Discovery

Discoverable if: Method is Proper + Material sought must be within scope of discovery

Proper Methods:

a. Automatic Prompt Disclsoure

b. Depositions

c. Pre Trial Disclosure of Testifying Witnesses

d. Work Product

An action seeking $50K or less: Auto prompt disclsoure. Each side must without a request disclose:

1. All factual and legal basis of claims or defenses

2.All potential witnesses also must be auto disclosed

3. all relevant docs

4. Damages computation

5. All relevant insurance coverage

Only disovery device that can be used on a non party

1. Discovery: All deps are presumed to be discovery deps unless labelled as evidence deps on the notice

a. 3hr limit

b. Only used at rial as an admission or to impeach an opponent or in cts discretion if opponent unavailable at trial

2. Evidence

a. Must be labeled as such in notice. Can be used at trial for any purpose if: the deponents unavailable or is a healthcare professional: no time limit

A party may serve an interrogatory on another party requesting disclosure of other parties of trial witnesses that must be responded within 28 days

a. Controlled Testifying Experts: Classic experts retained 

Any material that has been prepared for litigation and not in ordinary course of business

a. Mental Impressions of an attny: NEVER discoverable unless impossible to get info any other way

b. Other Types: Freely discoverable

1. Consulting experts only discoverable upon a showing of exceptional circumstances

Pre-Trial Motions

Motion to Substitute Judges

Each side has absolute right to change judge one time for no cause

Must file a motion before judge resolves any substantial merits based issue

Plaintiff has a right to take on e voluntary dismissal without prejudice before trial unless the D has filed a counterclaim.

P may refile up to the running of the SOL or up to one year after dismissal: whichever's longer

Pre-Answer motion attacking complaint on its face

Must be filed before answer, Otherwise Waived

Facial Attack: Motion to strike allegations in complaint as improper or to dismiss a claim for failure to state or dismiss a claim or state a factual allegation that constitutes a cause of action

Maybe raised in answer and involve motions to dismiss based on some affirmative matter that defeats the claim

A judge in resolving a motion may consider a matter outside a complaint since not a facial attack of complaint

Trial and Related Motions

Trial by Jury

Right to Trial by Jury

a. Demand: P must demand trial by jury in complaint, D in answer

b. Constitutional Right: if claims seek primarily monetary damages, right to TBJ

c. Demand + $=Trial by Jury

Peremptory Challenges

a. Each side my strike jurors with no cause: Each side gets 5

After the adversary has rested its case, motion for directed verdict may be filed and will be granted if

a. Evidence so overwhelmingly favors the moving party

After verdict rendered, motion may be filed and will be granted if the evidence so overwhelmingly favored the moving party

Judgment despite the verdict

Judge has discretion to grant a new trial for either

1. Errors at trial affecting the parties substantial trial rights or

2. Verdict was merely against the manifest weight of the evidence

D's will suffer a default judgment if they fail to respond to a complaint in a timely manner

D must respond w/in 30 days of service or 60 if waived. 

Must be filed within 30 days of the judgment and will be granted liberally for good cause shown

An extraordinary remedy for judgments tainted by fraud or perjury

Time: Must file btwn 30 days and 2 yrs of judgment

Showing Required:

1. Merit: Must be merit to claim or defense

2. Equity: Should be inequitable to let judgment stand in the wake of fraud or perjury

3. New Fact: Brand new facts have come to light since the judgment that caste doubt on judgment

4. Due Diligence: Despite your due diligence, you are unable to discover new facts until after judgment

Finality

Res Judicata: Claim that has been fully and fairly litigated to a final judgment on the merits cannot be relitigated by the parties

Collateral Estoppel: Same as above but Issues

Finality Rule:

- Parties are barred from relitigating claims or issues which they have already litigated to a final judgment on the merits.