Just the Facts - Updates for
eFiling into Madison County Asbestos Cases
We have developed this resource page to communicate accurate information to our clients about eFiling and eService in IL Madison County 3rd Judicial Circuit Court Asbestos cases. We are committed to keeping you informed of the developments during this time of transition and provide only the facts as the Court expands into a multi-vendor solution. We encourage you to bookmark this page and visit frequently for updates.
Here are the facts for Madison County eFiling and eService:
Court eFiling Rules
Court Order Amended
On October 13th, 2015, The Standing Case Management Order for All Asbestos Personal Injury cases, was amended. Section VIII: Electronic Service of Documents was deleted in its entirety.
eFiling and eService Solution Choice in Vendor
The court did not mandate that defense firms use the plaintiff’s choice of vendor (see the order). The intention of the Court is that all firms may select their vendor of choice for all eService and eFiling transactions.
The choice of eFile/eService vendor is determined by the firm, not the case. For example, when a firm initiates a case by paper filing or using any eFiling vendor, all other firms can respond using File & ServeXpress. In addition, any firm can initiate a filing through File & ServeXpress and all firms can respond using File & ServeXpress.
All cases initiated on the eFiling systems will be available on both vendor systems. Therefore, regardless of which system is used to initiate a case, all parties may access the case on either vendor's system and use their preferred vendor for filing and serving their own subsequent transactions.
Access to a Central Repository of All Documents
E-Magnus will be the official repository of all Court documents. However, a watermark will appear on these documents and cannot be removed.
Upload Your Documents to File & ServeXpress
File & ServeXpress has the capability for firms to upload service documents served by the other vendor, Pohlman USA, free of charge so that your firm retains a complete repository on File & ServeXpress. Click Here for Instructions
When eFiling/eServing documents via File & ServeXpress, service list parties will receive email notification within one hour of posting the documents on the File & ServeXpress website. The email notification provided by File & ServeXpress is in compliance with the requirements set forth in Section VIII of the Standing Case Management Order for All Asbestos Personal Injury Cases.
August 2016 Revisions to Standing Order Do Not Impact Choice of eFile/eService Provider
You still have a choice regarding your eFile/eService provider – and you are not limited to only one provider per case! We would like to clarify any confusion about the Standing Order:
The Standing Case Management Order for All Asbestos Personal Injury Cases was amended on August 19, 2016. The court made changes pertaining to the Document and Materials Depository(ies) (“DMD”), including in part:
“This Court will not select the DMD for the parties to this litigation; however, to encourage the efficient administration of these cases, this Court discourages the use of more than one DMD on any case.” To that end, the Court ordered: “Plaintiff’s counsel will select the DMD to be utilized in each case…”
This change does NOT override or impact each firm’s choice of eFile/eService provider.
When a plaintiff firm initiates a case by paper filing or using any eFiling vendor, all other firms can respond using File & ServeXpress. In addition, any firm can initiate a filing through File & ServeXpress and all firms can respond using File & ServeXpress.