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Solo In Chicago

...empowering the Second City's entrepreneurial legal community

Thursday, September 11, 2008

It's Just a Status Hearing, Judge

I used that line a couple weeks ago and the judge who wanted to get the particular case moving nearly bit my head off because I used the line in the context of explaining why our client wasn't in court for a status hearing. Of course in this case I was correct, at least in my point maybe not my smugness.

The April '08 ISBA "We password protect everything" Bar Journal had a short piece explaining the limits on a court's authority when a case is merely set for status and a party has not properly motioned something up. In other words you're in court only for a status hearing and then someone asks a court to make a substantive order or ruling. A court does NOT have authority to do this...two cases to cite:
Felzak v Hruby, 367 Ill App 3d 695, 855 NE2d 202 (2d D 2006) and Ligon v Williams, 264 Ill App 3d 701, 637 NE2d 633 (1st D 2004).

Now sometimes everybody wants to do some things at a status and that's fine. Just don't get caught off guard.



1 Comments:

At 3:14 PM, Blogger cooper_randall said...

What if you are the defendent and you've taken the plaintiff back but your attorney has scheduled a status hearing that doesn't require for me to be there?

 

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