Chicago Commercial Court Reposts from 2022 Re Uniform Standing Orders

The following two repostings from 2022 address changes in the Circuit Court of Cook County Commercial Calendar’s Uniform Standing Orders.

  1. Circuit Court of Cook County Commercial Calendar Section Issues Uniform Standing Order, Effective May 31, 2022

The Chicago business court, the Commercial Calendar Section of the Circuit Court of Cook County, has a new Uniform Standing Order, effective May 31, 2022.

The purpose of this Standing Order “is to establish consistent procedures in the Commercial Calendar Section. This order provides guidance in addition to the existing General Administrative Orders entered in response to the COVID -19 pandemic.”

The order always includes a “Civility and Attorney Conduct in Commercial Calendar Section” provision.  This states: “Zealous advocacy is the lawyer’s professional obligation, but Commercial Calendar Section judges will not tolerate incivility of any kind. Any attorney appearing before a Judge in the Commercial Calendar is required to know the relevant details of the case.”

We leave you to the full Order to learn of the remaining uniform provisions.

The Commercial Calendars were created by administrative order in September 1992, and the first Commercial Calendar became operational in 1993.  Thus, this is one of the oldest business court programs in the United States.  Cook County also has a separate Chancery Division.

A copy of the standing order can be found here.

  1. Circuit Court of Cook County Commercial Calendar Updates Uniform Standing Order, Effective August 29, 2022

The Circuit Court of Cook County Commercial Calendar Section has updated its Uniform Standing Order, effective August 29, 2022.  A copy of this new Order can be found here.

There are some significant changes from the May 31, 2022 Uniform Standing Order. Voluntary dismissals and stipulations to dismiss all or part of a case are no longer classified as routine motions.  Nor is a petition to issue subpoenas for service outside Illinois.

Further, the mandatory rule regarding hyperlinking in briefs has been changed to make any hyperlinking requirements discretionary with the judge handling the case.  Further, the requirement that any hyperlinking be done to Lexis and not Westlaw has been removed, and there is no specific service required.  Parties are to work with judges’ case coordinators on hyperlinking.

A number of others rules set out in the May 2022 Uniform Standing Order, are no longer included in the August 2022 Uniform Standing Order, e.g., concerning Pre-Trial Settlement Conferences, Agreed Orders, Motions to Continue a Trial, and Motions for Default.

Removal of these sections clearly does not mean such matters go unaddressed, but rather they are no longer dealt with via uniform rules.

For example, Commercial Calendar Judge Jerry Esrig’s Case Management Order format includes the following explanatory note:

Proposed Agreed Orders. Proposed agreed orders may be submitted electronically. Proposed agreed orders are not to be filed. Rather, they are to be submitted to the judge to consider, to modify, if appropriate, and to enter. For example, proposed agreed orders such as stipulated protective orders require court approval before actually being given full effect. Proposed agreed orders must be attached to an e-mail sent to following e-mail address: Proposed.Order.Esrig@gmail.com. The subject line of the e-mail must include the case number and name, and the title of the order that is proposed. All such documents must be submitted in Microsoft Word format. All other parties to the case must be copied on the email. Please advise the court’s case coordinator by phone … after submitting a proposed agreed order.

Similarly, Commercial Calendar Judge Daniel Kubasiak provides an order and timing guidelines on pre-trial settlement conferences, and a checklist for default motions.

Posted by Lee Applebaum