Vested Interest - January 2000 Issue

The President’s Thoughts

NO MORE OPPRESSIVE FEES FOR MEDICAL RECORDS IN WORKER’S COMPENSATION CASES

While I do not typically use this column to report cases of significance to our membership, every now and then a real gem is decided and I can’t refrain. Such is the case of Clayton v. Ingalls Memorial Hospital, No. 1-98-3689, (1st. Dist. 1/6/00). The court held that 820 ILCS 305/16 requires one issuing an Industrial Commission subpoena duces tecum to pay only a $20/day witness fee and a $.20/mile travel fee to the deponent and does not require the subpoenaing party to pay any other fees, including per-page copy fees, retrieval fees, or any other expenses claimed by subpoenaed party.

For a copy of Clayton, call the ITLA office at 1-800-252-8501.

SUPREME COURT CANDIDATES ADDRESS ITLA BOARD

Candidates for the Supreme Court openings in the 1st, 2nd and 3rd judicial districts addressed the Board of Managers on December 13, 1999 and January 7th, 2000. All ten candidates were invited; nine accepted and made presentations. They were invited to discuss their qualifications, education and background and were mindful that the Judicial Code of Conduct precluded them from discussing matters that were or could come before them as judges.

LEGISLATIVE SESSION DATES

The Illinois legislature begins its year 2000 session January 12 with adjournment scheduled for April 14.

In a rare joint communiqué, House Speaker Michael Madigan and House Republican Leader Lee Daniels informed House members of both parties they would be limited to calling three House bills and two Senate bills for floor votes during the spring session. Jim Collins and I consider this good news because the limitations will induce legislators to concentrate on bills that have a reasonable chance for success rather than more controversial legislation, i.e." tort reform."

THE TRIAL JOURNAL

The next issue of the Trial Journal will be published this month. The importance of the year 2000 election cycle is highlighted in Jim Collins' submission regarding the election and its effect on reapportionment. It includes anecdotal historical reference to Abe Lincoln’s hat and why we prefer it over a crystal bowl…. The next issue of the Trial Journal will be published in May. In order for the publications committee to meet deadlines, proposed articles should be received at the ITLA office by March 15, 2000.

UPCOMING SEMINARS-MARK YOUR CALENDAR

The "General Tort Litigation, including Medical Issues" Seminar will be held on Saturday, February 5 at the Holiday Inn Brandywine in Peoria.

The "Product Liability • Premises Liability" Seminar will be held on Monday, February 21 (a court holiday) at the DoubleTree Guest Suites in Chicago.

March 10-March 11, 2000 Las Vegas, Nevada. Professor Paul Rothstein from Georgetown University Law Center will conduct our annual “travel” seminar. Emphasis will include the federal rules, Kumho Tire and Daubert in this program entitled “Evidence and Evidentiary Foundations for the Trial Lawyer”.

MEMBERSHIP DRIVE

On January 26, 2000 we will conduct a membership drive to increase our ranks and strengthen our position as one of the most successful and respected

associations in Springfield. Help me meet my stated goal of a 10% increase in ITLA membership by making certain all members of your firms are ITLA members. Now is a good time to see if all those new (or old) associates are on board.

PROPOSED SUPREME COURT RULE CHANGES

The Supreme Court Rules Committee is soliciting comments to proposed rule changes. The changes most significant to ITLA include alterations to Rules 204(c) and 212(a).

Proposal No. 99-16 (P.R. 0080) amends Rule 204 (c) by limiting the length of deposition of non-party physicians to one hour and limits the fees charged to not exceed $450.00 per hour. Proposal No. 99-9 (P.R. 0074) amends Rule 212 (a) to allow the use of discovery depositions of non- parties and non-retained witnesses at trial where the deponent is unable to be present due to illness or death.

The Rules Committee of ITLA made recommendations that culminated in a vote taken on January 7th, 2000 regarding the position ITLA will take on these proposals.

Keep the faith.

Michael J. Reagan
President Illinois Trial Lawyers Association