promptness requirement (Illinois) · Go Syfert
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promptness requirement in Illinois

15 Illinois opinions name it 2 courts 1979–2025 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fundgreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017In the alternative, Bayview argues that if 1010 Lake Shore imposes a promptness requirement, it should not be applied retroactively, since 1010 Lake Shore was not decided until more than five months after Bayview’s partial tender. ¶ 13 The interpretation of a statute is a question of law that we review de novo (Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590, 595 (2005)), as is the propriety of the trial court’s grant of summary judgment (Allegis Realty Investors v. Novak, 223 Ill. 2d 318, 330 (2006)).

2017In the alternative, Bayview argues that if 1010 Lake Shore imposes a promptness requirement, it should not be applied retroactively since 1010 Lake Shore was not decided until more than five months after Bayview’s partial tender. ¶ 13 The interpretation of a statute is a question of law that we review de novo (Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590, 595 (2005)), as is the propriety of the trial court’s grant of summary judgment (Allegis Realty Investors v. Novak, 223 Ill. 2d 318, 330 (2006)).

22
Allegis Realty Investors v. Novakgreen
ill · 2006 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017In the alternative, Bayview argues that if 1010 Lake Shore imposes a promptness requirement, it should not be applied retroactively, since 1010 Lake Shore was not decided until more than five months after Bayview’s partial tender. ¶ 13 The interpretation of a statute is a question of law that we review de novo (Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590, 595 (2005)), as is the propriety of the trial court’s grant of summary judgment (Allegis Realty Investors v. Novak, 223 Ill. 2d 318, 330 (2006)).

2017In the alternative, Bayview argues that if 1010 Lake Shore imposes a promptness requirement, it should not be applied retroactively since 1010 Lake Shore was not decided until more than five months after Bayview’s partial tender. ¶ 13 The interpretation of a statute is a question of law that we review de novo (Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590, 595 (2005)), as is the propriety of the trial court’s grant of summary judgment (Allegis Realty Investors v. Novak, 223 Ill. 2d 318, 330 (2006)).

22
County of Riverside v. McLaughlingreen
scotus · 1991 · cited in 6 Illinois opinions naming this issue, 2005–2025
2 sentences

2025In McLaughlin, the Supreme Court defined “promptly,” holding that “a jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with - 16 - No. 1-23-1047 the promptness requirement of Gerstein.” McLaughlin, 500 U.S. at 56 .

2005Ed. 2d at 71-72 , 95 S. Ct. at 868-69 . “[A] jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein.” County of Riverside v. McLaughlin, 500 U.S. 44, 56 , 114 L.

16
Shawgo v. Department of Children & Family Servicesgreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2007–2007
1 sentence

2007See Shawgo v. Department of Children & Family Services, 182 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
1010 Lake Shore Association v. Deutsche Bank National Trust Company green
ill · 2015
2 sentences

2017In interpreting a statute, our main goal is to ascertain and effectuate the intent of the legislature. 1010 Lake Shore, 2015 IL 118372, ¶ 21 .

2017In interpreting a statute, our main goal is to ascertain and effectuate the intent of the legislature. 1010 Lake Shore, 2015 IL 118372, ¶ 21 .

22017–2017
Barry v. Barchi green
scotus · 1979
2 sentences

2007As expressed in Barry, due process requires that a party “be assured a prompt postsuspension hearing, one that would proceed and be concluded without appreciable delay.” Barry, 443 U.S. at 66 , 61 L.

2007As expressed in Barry, due process requires that a party “be assured a prompt postsuspension hearing, one that would proceed and be concluded without appreciable delay.” Barry, 443 U.S. at 66 , 61 L.

22007–2007
Gerstein v. Pugh green
scotus · 1975
2 sentences

2005Ed. 2d at 71-72 , 95 S. Ct. at 868-69 . “[A] jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein.” County of Riverside v. McLaughlin, 500 U.S. 44, 56 , 114 L.

1992Ed. 2d at 71-72 , 95 S. Ct. at 868-69 .) In County of Riverside, the court held that a jurisdiction that provides judicial determination of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein.

21992–2005
Holt v. Feigenbaum neutral
nyappdiv · 1980
2 sentences

1999ABA/BNA Lawyer’s Manual on Professional Conduct 45:1103-04 (1997), citing, among other authorities, In re Jennings, 75 A.D.2d 676 , 426 N.Y.S.2d 862 (1980) (discharged attorney delayed 22 months in refunding unearned fees).

1999ABA/BNA Lawyer's Manual on Professional Conduct 45:1103-04 (1997), citing, among other authorities, In re Jennings, 75 A.D.2d 676 , 426 N.Y.S.2d 862 (1980) (discharged attorney delayed 22 months in refunding unearned fees).

21999–1999
In re Jennings neutral
nyappdiv · 1980
2 sentences

1999ABA/BNA Lawyer’s Manual on Professional Conduct 45:1103-04 (1997), citing, among other authorities, In re Jennings, 75 A.D.2d 676 , 426 N.Y.S.2d 862 (1980) (discharged attorney delayed 22 months in refunding unearned fees).

1999ABA/BNA Lawyer's Manual on Professional Conduct 45:1103-04 (1997), citing, among other authorities, In re Jennings, 75 A.D.2d 676 , 426 N.Y.S.2d 862 (1980) (discharged attorney delayed 22 months in refunding unearned fees).

21999–1999
The People v. Damen green
ill · 1963
1 sentence

1987(People v. Damen (1963), 28 Ill. 2d 464, 472-73 , 193 N.E.2d 25 .) Defendant argues that the five-day delay in reporting the incident now before us violated the promptness requirement and that the complaint was not spontaneous but made only in response to questions posed to complainant by Raasch.

11987–1987
People v. Salas neutral
illappct · 1985
1 sentence

1987App. 3d 48 , 485 N.E.2d 596 , this court held that the promptness requirement of the common law hearsay exception was not incorporated into the statutory exception created by section 115 — 10.

11987–1987
People v. Arbogast green
illappct · 1976
1 sentence

1979App. 3d 187, 191 , 353 N.E.2d 434, 438 ), but, nevertheless, dismissed the indictment on the ground the delay between arrest and indictment violated the promptness requirement of section 7.

11979–1979

Where else courts name it

CA 20 (1994–2025) IL 15 (1979–2025) TN 15 (1996–2025) PA 13 (1975–2025) AL 11 (1988–2014) MI 10 (1980–2020) ND 5 (1993–2022) MA 4 (1993–2021) TX 4 (2011–2024) IN 4 (2003–2020) WA 4 (1994–2017) NJ 3 (1994–2017) HI 3 (2003–2023) NV 2 (1992–1997) OH 2 (2020–2023) LA 2 (2011–2014) MO 2 (1966–2018) GA 2 (1993–2021) AR 2 (1994–1999) WV 2 (1984–2000)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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