a) Form of
Motions
All motions, except motions made during an Arbitration or
Review hearing, motions for a continuance of cases in the regular review call,
and petitions filed under Section 19(h) and/or Section 8(a) of the Act must be
accompanied by a Commission form entitled Notice of Motion and Order and must
be served on the Arbitrator or Commissioner and all other parties in accordance
with subsection (b). All such motions must set forth the date on which the
moving party will appear before the Arbitrator or Commissioner to present the
motion and must include the type of motion and nature of the relief sought. A
Notice of Motion and Order not accompanied by the motion may be
stricken.
1) Motions on Arbitration
A) Motions requesting a trial date will be
heard during the status call in accordance with Section
9020.60(b)(2).
B) All other motions will be heard in
accordance with Section
9020.60(b)(2)(E).
Each arbitrator will hear all motions, other than motions requesting a date
certain for trial, on any case assigned to the Arbitrator, even if it does not
appear on the status call.
2) Commissioners' Review Calls
Each Commissioner will hear motions at the hearing location on
the days designated by the Commission.
b) Notice; Service of Papers; Proof of
Service; and Waiver of Notice.
1) Notice and
Service of Papers
A) For all motions except
Petitions for Immediate Hearing and motions requesting a date for trial,
notices of motion shall be in writing and shall be served upon the Arbitrator
or Commissioner and the attorney of record of all other parties or, when any
other party is not represented by counsel, upon the party himself, by personal
or office delivery or by mailing of a copy of the notice with copies of the
supporting papers. The service, if by personal or office delivery, shall be
effected 5 days preceding the day of the status call set forth in the notice,
exclusive of any intervening Saturday, Sunday or legal holiday. If service is
had by mail, then the envelope enclosing a copy of the notice and supporting
papers shall be deposited in the post office or post office box at least 10
days before the motion is to be heard, exclusive of any intervening Saturday,
Sunday or legal holiday.
B) Motions
for an immediate hearing under Section 19(b) of the Act and motions requesting
a date for trial shall be served on the Arbitrator and on all other parties 15
days preceding the status call date set forth in the notice.
C) Proof of service of notices or other
papers shall be affixed:
i) in any case, by
written acceptance of service;
ii)
in case of service by delivery, by affidavit of the person delivering or
leaving the papers; and
iii) in
case of service by mail, by affidavit of the person depositing the papers in
the mail. The affidavit shall state the time and place of mailing, the complete
address that appeared on the envelope, and the fact that proper postage was
prepaid.
D) When the
opposite party has not appeared within the time fixed by rule, or has appeared
but failed to designate a place for service, service may be directed to that
party's last known business or residence address.
2) Waiver
Parties may waive the requirements of notice, service and proof
of service.
c)
Who Shall Hear Motions
1) When a cause is
pending on the Arbitration call, all motions and settlement contracts, except
when expressly otherwise provided in the Rules of the Commission (50 Ill. Adm.
Code Ch. VI), shall be heard by the Arbitrator to whom the case has been
assigned. If that Arbitrator is unavailable, the Commission may assign the
motion or settlement contract to another Arbitrator for disposition.
2) When a cause is pending on Review, but not
yet assigned to a specific Commissioner, all motions shall be assigned to a
sitting Commissioner. Once the cause has been assigned to a particular
Commissioner for hearing, that Commissioner shall hear all motions relative to
the case.
