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JANUARY 2016
or as a zombie–might make one side or
the other really want that witness to testify
live and to reject using a deposition or an
affidavit.
Practice tip:
Whatever is agreed upon
at the conference should be reduced to
writing in the form of a signed stipulation
and submitted to the arbitrator.
Submittals to Arbitrator: 14 Day Deadline
The next deadline is 14 days before the
hearing. By this day, all counsel must
submit the following to the arbitrator’s law
office: the pleadings; each party’s detailed
statement of the case; witness list; exhibits;
stipulations of fact; stipulations of law;
reports; summaries; affidavits; itemization
of damages.
Practice tips:
In a typical commercial
litigation case, with numerous exhibits,
deliver everything to the arbitrator on
paper and not by electronic means unless
the arbitrator indicates otherwise. Also,
send all parties’ witness lists mandated
by Rule 25.8.c to the Arbitration Center
via email. Hopefully, they will use this to
arrange for expedited entry of all witnesses
into the building on the hearing date. See
“hearing” below.
Supreme Court Rule 237(b) prob-
ably applies to Law Division arbitration
proceedings, so be certain that you serve
a notice regarding any persons or tangible
things you want your opponent to bring
to the hearing.
Hearing
The hearing at the Arbitration Center is
limited to four hours. It will start at 9 a.m.
and end not later than 1:00 p.m. Every-
one entering 222 N. LaSalle must stop at
the reception desk in the lobby and get
an elevator pass. The Arbitration Center
should notify the receptionist of all names
on your witness list to speed up the process.
Practice tip:
Tell your witnesses they
must bring a photo identification card to
show at the lobby desk.
At 9 a.m., at the outset of the hearing,
the arbitrator is required to meet in the
arbitration courtroom with the attorneys
and discuss exhibits, narrowing the issues,
format, time limits, affidavits, summaries,
and the like. Know your position on these
points in advance, so you are not taken by
surprise. At the arbitration trial the Illinois
Rules of Evidence apply, but the arbitrator
has discretion to relax the rules. Cir. Ct. R.
25.9.2. This should be addressed at the 9
a.m. meeting.
The rule is silent regarding court report-
ers, but the author perceives no reason
why they should not be allowed. The sole
purpose is to memorialize the testimony of
adverse witnesses for impeachment purposes
at the future trial if the award is rejected.
In Municipal arbitrations, the presence of
a court reporter is usually a rare event.
Practice Tip:
At the end of the trial, as
everyone is about to pack up and leave,
hand all counsel your summary of attor-
ney’s fees, discussed below under “rejec-
tion” of the award. Do not give a copy to
the arbitrator.
Award
The arbitrator must file the award at the
Arbitration Center within two days after
the hearing. The Center will immediately
email it to all counsel. The award will state
no explanation. Its format is essentially
the same as Municipal awards: “Award for
plaintiff in the amount of $X,” or “Award
for defendant.” The arbitrator will also
name on the award any party that did not
arbitrate in good faith. Anyone so identi-
fied may be sanctioned up to $1,000. In
Municipal, failure to arbitrate in good
faith can result in denial of the right to
reject. S. Ct. R. 91(b). There is no such
penalty in Law.
Rejection
Rejection of the award may be the most
important part of the entire proceeding.
Any litigant may reject the award, and the
case will thereafter go to trial on all issues,
as if the arbitration never occurred. Partial
rejection is not allowed: the award is either
rejected in its entirety or not rejected. The
rejection form must be in writing, signed
by the attorney AND the client, and filed
with the Clerk of Court in Daley Center
room 801, not at the Arbitration Center,
within seven days after receiving notice of