 | Rules of the Circuit Court of Cook County |
| General Orders of the Circuit Court of Cook County |
| General Administrative Rules |
| General Administrative Orders |
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PART 18. MANDATORY ARBITRATION OF CERTAIN CIVIL CASES 18.1 Administration of Mandatory Arbitration 18.3 Actions Subject to Mandatory Arbitration (S. Court Rule 86) 18.4 Appointment, Qualification, and Compensation of Arbitrators (S. Court Rule 87) 18.5 Scheduling of Arbitration Hearings (S. Court Rule 88 and 89) 18.6 Conduct of Arbitration Hearings (S. Court Rule 90) 18.7 Award and Judgment of Award (S. Court Rule 92) 18.8 Arbitration Hearings-Time Allotted 18.10 Notice to the Arbitration Administration of Orders Affecting Scheduled Arbitration Hearing 18.11 Defective Arbitration
Hearing Dates PART 18. MANDATORY ARBITRATION OF CERTAIN CIVIL CASES
(a) The Chief Judge shall appoint a Supervising Judge for Arbitration in each Municipal District, who shall have the powers and responsibilities set forth in these rules and who shall serve at the pleasure of the Chief Judge. (b) The Chief Judge shall appoint an Arbitration Administrator who shall have the authority and responsibilities set forth in these rules, and who shall serve at the pleasure of the Chief Judge. (c) Clerical and support staff necessary for the effective administration of the arbitration program shall be appointed by the Chief Judge. The number of clerical and support personnel, and the compensation paid to such employees, shall be approved by the Supreme Court. (d) Clerical and support personnel shall serve at the pleasure of the Chief Judge and may be removed by the Chief Judge. (e) The amount of compensation to be paid any Arbitration Administrator or clerical and support personnel shall be paid by the State. (f) No administrative, clerical or support personnel receiving compensation from any public funds under the provisions of these rules shall receive any compensation, gift, or gratuity whatsoever from any person, firm, or corporation for doing or refraining from doing any official act in any way connected with any proceeding then pending or yet to be instituted before any court or arbitration panel. Violation of this rule shall be grounds for immediate termination. [Amended July
30, 2001, effective August 1, 2001.] The mandatory
arbitration program of the Circuit Court of Cook County, Illinois,
is governed by the Supreme Court Rules for the Conduct of Mandatory
Arbitration Proceedings (Supreme Court Rules 86-95, inclusive).
Pursuant to Supreme Court Rule 86(c), these local rules are adopted,
effective January 16, 1990, and as amended thereafter. Since arbitration
proceedings in this circuit are governed by both sets of rules,
reference is made in the caption of each local rule to the Supreme
Court Rule governing the same subject. [Amended July
30, 2001, effective August 1, 2001.] (a) Mandatory
Arbitration proceedings are undertaken and conducted in Cook County
pursuant to approval of the Illinois Supreme Court given on December
2, 1989. (b) All actions filed in the Municipal Districts after the effective date of these rules, involving personal injury (regardless of whether a jury demand has been filed) and those actions for property damages or breach of contract in which a timely jury demand has been filed, seeking money damages only, not to exceed THIRTY THOUSAND DOLLARS ($30,000), shall be assigned to an arbitration calendar. The Chief Judge may determine, from time to time, which other class or classes of cases, if any, otherwise eligible for these proceedings, shall be assigned to the arbitration calendar. (c) Actions pending on, or filed after, the effective date of these rules seeking money damages only, having a value not exceeding THIRTY THOUSAND DOLLARS ($30,000) and determined to be eligible for mandatory arbitration by the trial court may be assigned to the arbitration calendar. [Amended July
30, 2001, effective August 1, 2001.]
(a) Applicants shall be eligible for appointment to serve as members of an arbitration panel, other than as chairpersons, by filing with the Arbitration Administrator an application form certifying that the applicant: (1) has attended a mandatory arbitration seminar, and (2) has read and is informed of the rules of the Supreme Court and the Act relating to mandatory arbitration, and (3) is presently licensed to practice law in Illinois, and (4) has engaged in the practice of law in Illinois for a minimum of three (3) years; or is a retired judge. (b) Applicants, who further certify in their applications that they have engaged in trial practice in Illinois for a minimum of five (5) years, or who are retired judges, shall be eligible to serve as chairpersons. (c) The Arbitration Administrator shall maintain an alphabetical list of persons qualified to serve as arbitrators who shall be assigned on a rotating basis. The Arbitration Administrator shall also maintain a list of those persons who have indicated on their application a willingness to serve on an emergency basis. Such individuals, when appointed to serve, shall also be assigned on a rotating basis. (d) Except for those persons requested to serve on an emergency basis, all other persons assigned as arbitrators shall received not less than sixty (60) days notice of the date, time and place of service. (e) Upon completion of each day of service, the Arbitration Administrator shall process the appropriate vouchers for the prompt payment of the arbitrators. (f) The Arbitration Administrator and the Presiding Judge (or Presiding Judge's designee) shall periodically review the eligibility of attorneys currently on the alphabetical list of persons qualified to serve as arbitrators and may suspend or revoke arbitrators' eligibility within their discretion when necessary. [Amended February 24, 2003, effective February 24, 2003.]
(a) Cases filed after the effective date of these rules which are, on the date of filing and pursuant to these rules, subject to arbitration proceedings, should be assigned to mandatory arbitration no later than two hundred eighty (280) days from the filing date. All discovery shall have a completion date at least thirty (30) days prior to the mandatory arbitration hearing. After a case is assigned to the mandatory arbitration calendar, the discovery closure date shall not be changed except by leave of court for good cause shown. (b) Consolidated actions shall be heard on the date assigned to the earliest claim filed, except that, in no event shall any consolidated hearings be heard earlier than sixty (60) days subsequent to the order of consolidation unless the court provided otherwise by order. (c) Counsel
shall give immediate written notification to both the court and
to the Arbitration Administrator of any dismissal pursuant to any
settlement of cases or changes of appearance.
(a) The Supervising Judge for Arbitration shall have full supervisory powers with regard to questions arising in any arbitration proceeding, including the application of these rules. (b) A stenographic record or a recording of the hearing shall not be made unless a party does so at his/her own expense. If a party has a stenographic record or a recording made, a copy shall be furnished to any other party requesting same upon payment of a proportionate share of the total cost of making the record or recordings. (c) A statement or affidavit of a witness which may be presumptively admissible under Supreme Court Rule 90 (c) must include the name and address of the witness. (d) Witness fees and costs shall be in the same amount and shall be paid by the same party or parties, as provided for in trials in the Circuit Court of Cook County, except as otherwise provided by Rule 90(e). [Amended July 30, 2001, effective August 1, 2001.]
(a) The arbitration panel shall render its award the same day the hearing is completed. The Arbitration Administration shall immediately file the award with the Clerk of the Court, who shall serve notice of the award. [Amended July 30, 2001, effective August 1, 2001.]
Arbitration
awards shall be tendered to the arbitration administration no later
than two [Amended July 30, 2001, effective August 1, 2001.] The arbitration administration shall not be responsible for storing exhibits left by litigants with the arbitration panel. Parties wishing to retrieve exhibits are advised to do so at the time the panel tenders the award to the arbitration administration. [Adopted March 29, 1994, effective April 1, 1994.]
All orders of court which affect a scheduled arbitration hearing shall be presented to the arbitration administration immediately following entry of the order by the court. Presentation should be made in person unless other arrangements have been made with the arbitration administration. [Adopted March 29, 1994, effective April 1, 1994.]
Where the assigned date for an arbitration hearing is defective pursuant to Supreme Court Rule 88 or because the hearing date is less than thirty (30) days after a discovery closure date, litigants must request a new arbitration hearing date from the court. [Amended July 30, 2001, effective August 1, 2001.] |
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