On January 29, 2009, the Illinois Appellate Court, First District, reversed and remanded the decision of the Circuit Court of Cook County ruling the third-party com plaint untimely under section 13-204 of the Illinois Code of Civil Procedure (735 ILCS 5/13-204 (2006)).
On February 4, 2009, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Lake County ruling the defendant's post judgment motion to vacate untimely and dismissing the appeal because the mailbox rule does not apply to private mail carriers.
The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
Thanks to an amendment to supreme court rule 103(b), plaintiffs who haven’t been otherwise diligent in moving a case along must be especially diligent in obtaining service.
On January 9, 2009, the Illinois Supreme Court denied an original action for mandamus holding “that section 5(1) of the Secretary of State Act (15 ILCS 305/5(1) (West 2006)) is inapplicable to the Burris appointment, and that no further action is required by any officer of this state to make the appointment valid.”
A controversial new case from the Illinois Supreme Court bars the refiling of a voluntarily dismissed claim when a partially dispositive motion has been granted.