Ill. R. Cir. Ct. McHenry Cnty. 11.08

As amended through September 23, 2024

Rule 11.08 - SUBSEQUENT CASE MANAGEMENT CONFERENCE TO SIMPLIFY AND REDUCE TRIAL ISSUES AND PROOFS (hereinafter referred to as a "TRIAL CONFERENCE")

A. Upon motion of either party or order of the court, a Trial Conference shall be scheduled. The purpose of the Trial Conference is:

1. The formation and simplification of the issues, including the elimination of frivolous claims;

2. determining whether amendments to the pleadings are necessary or desirable;

3. to obtain admissions of fact and documents which will avoid unnecessary proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of evidence including written motions in limine;

4. the avoidance of unnecessary proof and of cumulative evidence;

5. the identification of the number of witnesses and exhibits, the need and schedule for filing and exchanging briefs, and the date or dates of further conferences and for trial;

6. the identification of any unresolved Petitions, including attorney's fees of attorneys previously involved in the case; and

7. such other matters as may aid in the disposition of the action.

B. Upon the entry of an order scheduling a Trial Conference and prior to the Trial Conference, the attorneys for all the parties and the unrepresented parties shall meet either in person, by telephone, or as otherwise ordered by the court. At such meeting, they shall:

1. reach an agreement on any possible stipulations narrowing the issues of law or fact;

2. exchange copies of exhibits that will be offered in evidence at the trial;

3. perform such other acts as have been ordered by the court; and

4. jointly prepare a trial conference memorandum in the form approved by the court.

It shall be the continuing duty of all of the parties and attorneys to meet, respond, and cooperate to fulfill the terms of this Rule.

C. At the Trial Conference, each party shall be represented by the attorney who will be representing him or her in the trial of the case unless otherwise permitted by court order. All the parties and attorneys must attend the Trial Conference. Any attorney having a pending fee petition must also attend the conference.

D. After the Trial Conference has taken place pursuant to this Rule, an order shall be entered reciting the actions taken. This order shall control the subsequent course of the case unless modified by a subsequent order. The order following a Trial Conference shall be modified only to prevent manifest injustice.

E. If a party or party's attorney or any attorney having a pending fee petition fails to do one or more of the following:

1. obey a scheduling or trial conference order;

2. appear at the Trial Conference;

3. properly prepare to participate in the conference; or

4. participate in good faith, the court upon motion or on its own initiative, may make such order with regard thereto as are just, and assess sanctions pursuant to Supreme Court Rule 219(c), including attorney's fees, and monetary sanctions unless the court finds that noncompliance was substantially justified or that other circumstances make an award of expenses or the imposition of sanctions unjust.

Ill. R. Cir. Ct. McHenry Cnty. 11.08