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Questions Answered by Timothy J. Deffet
1 Answer | Asked in Civil Litigation for Illinois on
Q: Does the United states district Court for the northern district of Illinois require courtesy copies of all e-filings?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 27, 2012

Yes. See this link to the rules. http://www.ilnd.uscourts.gov/cmecf/userguides/PDFs/v311/qrguide31.pdf.

Yes, Local Rule 5.2(e) provides as follows: “Where a filing is made electronically of a

pleading, motion, or document other than an appearance form or return of service,...
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1 Answer | Asked in DUI / DWI for Illinois on
Q: Jury found me not guilty of dui. I was BAC checked for walking around after an auto accident. Rescind suspension poss?

If convicted, would have been my second dui. Received dui in may of 2006, and this dui arrest was nov of 2009. I received supervision for 2006, the 2009 dui I was found not guilty.

Both dui's arrests were in Illinois, 2006 = dupage and 2009 = McHenry County

Is it possible to... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 25, 2012

There are too many unanswered questions to answer this post. The long and short is you don't have to be in your car necessarily when police arrive to be arrested for DUI. Contact an IL DUI attorney ASAP.

1 Answer | Asked in Employment Law for Illinois on
Q: I was recently terminated and I want a copy of my personnel file. If I request it in email is it considered a legal doc

I know I have to request it in writing and they have 14 days to respond. I want to make sure just in case it needs to be used in a court case?

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 25, 2012

I believe you have one year from termination to order but the Personnel Records Review Act is attached from online:

(820 ILCS 40/) Personnel Record Review Act.

(820 ILCS 40/0.01) (from Ch. 48, par. 2000)

Sec. 0.01. Short title. This Act may be cited as the Personnel Record...
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1 Answer | Asked in Employment Law for Illinois on
Q: Does an employer need to grant a light duty role to an employee who returns from FMLA with restrictions?

Employee self selected to have foot surgery that would ultimately effect her performance on the job. The individual is pushing to be released for light duty. Does the employer by law have to grant a light duty role for employee?

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 25, 2012

I believe you are an employer from your questions. You may have several issues here. One, FMLA (federal law) interplay, two, possible ADA or handicap accommodation considerations, and three, depending on why the person had surgery which you deemed as "self-selected" (don't know what... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: Would it be considered discriminatory of insurance companies to provide coverage of eye glasses but not hearing aids?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 23, 2012

People unfortunately misunderstand what "discriminatory" means for legal cases. The analysis must first start with the question "Am I a member of a protected class under a state, federal or local statute?." (IE, physical or mental handicap, race. national origin, sex etc) If you... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: What is a general motion form?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 23, 2012

I don't know exactly what you mean. However, a "motion" is basically asking the judge to do something in your case. You must give "notice" of your motion, or tell the opposing party, what you are asking the judge to do, as well as give them enough time to arrange to be in... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: Can i collect my pension and still work
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 23, 2012

It depends on what your pension documents state. Order them and look at them.

1 Answer | Asked in Uncategorized for Illinois on
Q: How do I find the outcome of a case?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 23, 2012

If your case is in Cook you can check online by name or case number at http://www.cookcountyclerkofcourt.org/?section=CASEINFOPage.

Other than that, call or visit the clerk of court where the case is being heard. You should be able to pull and copy documents in the file.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: If my company files for bankruptcy, are they still obligated to pay me workers' compensation benefits?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 22, 2012

Some companies are self-insured and may become bankrupt. Also, some companies are insured by a work comp insurance company. Normally speaking, there are some protections like the Illinois Guaranty Fund which can step in if insurance and employer are not solvent. You should contact an Illinois work... View More

1 Answer | Asked in Small Claims for Illinois on
Q: I filed a suit in Small Claims. The defendant chose to settle out of court. How do I notify the court not to proceed?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

Normally speaking you can file a dismissal order in the courtroom where the case was heard. Make sure that you are paid in full before your dismiss the case.

1 Answer | Asked in Estate Planning for Illinois on
Q: How much does it cost to make a will? My mom asked me and I do not have a clue? Thank You. M
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

Different lawyers charge different rates and it also depends on how complicated the will is. Ask around where you live for a lawyer who does probate or estates and trusts. They will normally after asking some questions, quote you a price. Remember just going to the cheapest lawyer should not be the... View More

1 Answer | Asked in Civil Litigation for Illinois on
Q: Can a witness say one thing at a criminal hearing, and say something different in a civil case?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

Yes, but you may be able to "impeach" them, or show they had a different answer under oath at a different time. That is usually done by asking them if they answered the same question, the same exact way, at a hearing at a different place and time. Usually you will need a transcript of... View More

1 Answer | Asked in Civil Rights for Illinois on
Q: What does this number define?/cause:42:1983
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

This appears to designate a "Sec. 1983" suit, which is a deprivation of civil rights.It can be alot of things but sometimes can mean an officer of the law may have been alleged to have beaten someone.

1 Answer | Asked in Employment Law for Illinois on
Q: How does someone prevent an employee record from getting into court?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

More info. is needed. Feel free to contact me.

1 Answer | Asked in Military Law for Illinois on
Q: Questions about applying for my VA benefits claims

I was radioman morse code operator in the Navy from 1958-62, and also involved with USAR communications, artillery,Tanks, and the pistol team.

USAR Rifle expert 4 Army pistol team member. Senior instructor marksmanship. total 12 years discharged in 1995.

I have not filed a claim... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

Contact The John Marshall Fair Housing Clinic Veteran's Clinic. http://www.jmls.edu/veterans/.

1 Answer | Asked in Criminal Law for Illinois on
Q: What does 'case released for trial assignment' mean?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

It usually means that the case is ready for trial and is being assigned to the trial judge.

1 Answer | Asked in Criminal Law for Illinois on
Q: I have a non-suit disposition in Chicago for urinating in public. What does this mean and can I expunge it?

Will It appear on an immigration criminal check?

This involves Chicago Municipal Code 8-4-081 for urinating or defecating on the public way.

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 16, 2012

I would suggest looking at the office of the state appellate defender website. The link is below. I do not know if this would appear on immigration check.

They can give you all the forms and a step by step instruction which is online. Cook County Clerk's Office also has a free seminar...
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1 Answer | Asked in Employment Discrimination for Illinois on
Q: I was terminated from my job without a reason. How doI determine if it was illegal?

I was told for the five months I was there I was doing very well and was given many responsibilities. Next thing I know, at the end of my shift I am let go. I asked many times the reason and was not given a reply.

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 13, 2012

More information is needed. Employees in Illinois are considered "at-will" employees, meaning they can be hired and fired anytime, with no reason, or leave for no reason. The only exception is if you have a contract, you have been discrimiated against based on a "protected... View More

1 Answer | Asked in Personal Injury for Florida on
Q: What is the meaning of negligence?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 13, 2012

That is a great question. Each state has it's own laws interpreting what that means. In most states, you have to show someone had a "duty" to someone else, or responsibility, "breached" that duty, basically did not do what they were obligated to do under the law, and as a... View More

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I sign settlement contract lump sum petition 0n 4/18/2011 till now i dont recieved check,how longs it takes to recived
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 9, 2012

If you are referring to a work comp case that was settled no it should not take this long. The only way case is settled if "pink" contracts were signed AND approved by the arbitrator hearing your case. You can call the IWCC or look online regarding your case at... View More

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