Justices look past misstep, grant appeal

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 26, 2017 12:59 PM

Civil litigators who want to invoke the important right to an automatic substitution of judge instinctively turn to Section 2-1001 of the Illinois Code of Civil Procedure. And as amended in 1993, Section 2–1001 no longer requires allegations that the targeted judge is biased or prejudiced. But when a civil suit suddenly veers into the treacherous territory of criminal contempt, lawyers need to follow Section 114–5 of the Code of Criminal Procedure — which requires a written motion, within a 10–days …

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