a) Continuances on
Arbitration; Notices
Written notices will be sent to the parties for the initial
status call setting on Arbitration only. Thereafter, cases will be continued
for 3 month intervals, or at other intervals upon notice by the Commission,
until the case has been on file at the Commission for 3 years, has been set for
trial pursuant to 50 Ill. Adm. Code 9030.20, or otherwise disposed of. The
parties must obtain any continued status call dates from Commission
records.
b) Monthly Status
Calls
1) Each Arbitrator, subject to his or
her availability, shall hold a monthly status call of cases that appear on the
Arbitrator's docket that month.
A) In Cook
County, each Arbitrator's monthly status call shall be held at 2:00 p.m. or at
a time, date and place designated by the Chairman.
B) In areas outside of Cook County, each
Arbitrator's monthly status call shall be held at 9:00 a.m. or at a time, date
and place designated by the Chairman.
2) The monthly status call shall be conducted
by an Arbitrator as follows:
A) Cases shall
be called in the order that they appear on the monthly status call.
B) Cases will be continued in accordance with
subsection (a) unless a request for a trial date is made in accordance with 50
Ill. Adm. Code
9030.20. A request for a trial date may be made in a case that
does not appear on the monthly status call if:
i) a Petition under Section 19(b) of the Act
has been filed in accordance with Section 9020.80(a);
ii) death benefits under Section 7 of the Act
or permanent total disability benefits under Section 8 of the Act are claimed;
or
iii) special circumstances exist
that, in the opinion of the Arbitrator, would warrant advancing the case for
trial. The moving party must set forth in his or her motion the basis of the
claimed special circumstance.
C) Motions for trial dates under subsection
(b)(2)(B) shall be presented at the conclusion of the status call.
D) Cases on File 3 or More Years
i) In all cases that have been on file at the
Commission for 3 years or more, the parties or their attorneys must be present
at each status call at which the case appears. The case will be set for trial
or dismissed unless a written request has been made to continue the case for
good cause. The request shall be made part of the case file. The written
request must be received by the Arbitrator at least 15 days in advance of the
status call date and contain proof of service showing that the request for a
continuance was served on all other parties to the case and/or their attorneys.
Any objection to a continuance in the case must be received by the Arbitrator
at least 7 days prior to the status call date and contain a similar proof of
service. The Arbitrator shall rule on the requests for continuances or
objections to the requests at the status call.
ii) Failure of the Petitioner or the
Petitioner's attorney to request or answer a request for a continuance in
accordance with subsection (b)(2)(D)(i) and to appear at the monthly status
call at which the case appears shall result in the case being dismissed for
want of prosecution.
iii) When the
Arbitrator has set the matter for trial, the case shall proceed on the date set
by the Arbitrator.
E)
Section 19(b-1) Pretrials, Motions, Pro Se Settlement Contracts
i) In Cook County, each Arbitrator will hear
motions and conduct pre-trial hearings on Petitions filed under Section 19(b-1)
of the Act beginning at 8:45 a.m. on the monthly status call date. The
Arbitrator shall hear other motions at the conclusion of the monthly status
call. Pro se settlements may be presented on the morning of any monthly status
call or on days designated by the Arbitrator.
ii) In all areas outside of Cook County, the
Arbitrator will hear motions and conduct pre-trial hearings on Petitions filed
under Section 19(b-1) of the Act, and hear other motions, at the conclusion of
the monthly status call. Pro se settlement contracts may be presented at the
conclusion of any monthly status call or on days designated by the
Arbitrator.
c) Voluntary Dismissals
1) Any party may voluntarily dismiss his or
her claim or any Petition or motion filed on his or her behalf upon motion
signed by the party, if unrepresented, or his or her attorney of
record.
2) A party may file a
motion to dismiss his or her claim or any Petition or motion filed on his or
her behalf without the signature of his or her attorney of record. The moving
party must serve themotion on his or her attorney and the opposing party, in
the manner set forth in Section 9020.20(a), and set the motion for hearing as
set forth in Section 9020.70. In these cases, there shall be no disposition of
the claim on its merits prior to the disposition of the motion.