Effective July 31, 2023, in the First Municipal District of Cook County in Illinois, all civil trials where testimony will be elicited are required to be conducted in person. All other civil court proceedings in the First Municipal District may continue to be held virtually (via Zoom). This new mandate is pursuant to a memorandum issued by Presiding Judge Hon. E. Kenneth Wright on June 16, 2023. The memorandum comes on the heels of an order eliminating the remote work option for court personnel beginning in early June 2023.
The June 16, 2023 memorandum illustrates the evolving nature of policies and rules governing remote proceedings that have been developing since the onset of the COVID-19 pandemic. In May 2020, in response to the COVID-19 pandemic, the Illinois Supreme Court adopted Supreme Court Rule 45, amended Rule 241, and adopted the Illinois Supreme Court Policy on Remote Court Appearances in Civil Proceedings to allow and encourage the broad use of remote court appearances. Amendments to Rule 45 were announced on November 30, 2022, and made clear that remote proceedings in Illinois courts are here to stay, with certain exceptions. Rule 45 gives circuit courts and presiding judges the discretion to require in-person appearances for certain proceedings or case types. Rule 45 also requires circuit courts to adopt local rules implementing amended Rule 45 and to readily provide information regarding remote proceedings to the public.
The handling of remote proceedings in Cook County pursuant to Rule 45 is set forth in Cook County General Administrative Order 2023-03 (GAO 2023-03). GAO 2023-03 requires civil evidentiary proceedings, bench trials, jury trials, and settlement conferences to be held in person, but gives litigants the option to request permission to conduct any of these proceedings virtually. In practice, such permission was widely granted via informal oral motion, so long as all litigants agreed to the virtual proceeding. The June 16, 2023 memorandum eliminates this option to request a virtual proceeding for civil bench and jury trials. Notably, the memorandum does not provide for any exceptions to the in-person requirement nor any mechanism by which a litigant could seek an exemption. The new requirement for in-person trials brings an element of consistency across civil trials in the First Municipal District that some perceive to have been lacking since the onset of the pandemic. However, the lack of exceptions to the in-person requirement could pose a hardship for some litigants and reduce access to justice, an effect that arguably cuts against the purpose of Rule 45.
We at Weltman strive to always keep you up-to-date on changes to remote proceedings in all jurisdictions in which we practice. Given the evolving nature of remote proceedings since the onset of the COVID-19 pandemic, it is a best practice to always check the local rules of any jurisdiction and the standing order of the judge prior to any court appearance.
If you have additional questions about this topic or more, connect with attorney Laura Alms at any time.
This blog is not a solicitation for business and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
The June 16, 2023 memorandum illustrates the evolving nature of policies and rules governing remote proceedings that have been developing since the onset of the COVID-19 pandemic. In May 2020, in response to the COVID-19 pandemic, the Illinois Supreme Court adopted Supreme Court Rule 45, amended Rule 241, and adopted the Illinois Supreme Court Policy on Remote Court Appearances in Civil Proceedings to allow and encourage the broad use of remote court appearances. Amendments to Rule 45 were announced on November 30, 2022, and made clear that remote proceedings in Illinois courts are here to stay, with certain exceptions. Rule 45 gives circuit courts and presiding judges the discretion to require in-person appearances for certain proceedings or case types. Rule 45 also requires circuit courts to adopt local rules implementing amended Rule 45 and to readily provide information regarding remote proceedings to the public.
The handling of remote proceedings in Cook County pursuant to Rule 45 is set forth in Cook County General Administrative Order 2023-03 (GAO 2023-03). GAO 2023-03 requires civil evidentiary proceedings, bench trials, jury trials, and settlement conferences to be held in person, but gives litigants the option to request permission to conduct any of these proceedings virtually. In practice, such permission was widely granted via informal oral motion, so long as all litigants agreed to the virtual proceeding. The June 16, 2023 memorandum eliminates this option to request a virtual proceeding for civil bench and jury trials. Notably, the memorandum does not provide for any exceptions to the in-person requirement nor any mechanism by which a litigant could seek an exemption. The new requirement for in-person trials brings an element of consistency across civil trials in the First Municipal District that some perceive to have been lacking since the onset of the pandemic. However, the lack of exceptions to the in-person requirement could pose a hardship for some litigants and reduce access to justice, an effect that arguably cuts against the purpose of Rule 45.
We at Weltman strive to always keep you up-to-date on changes to remote proceedings in all jurisdictions in which we practice. Given the evolving nature of remote proceedings since the onset of the COVID-19 pandemic, it is a best practice to always check the local rules of any jurisdiction and the standing order of the judge prior to any court appearance.
If you have additional questions about this topic or more, connect with attorney Laura Alms at any time.
This blog is not a solicitation for business and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
