“Testing the Waters” Theory Doesn’t Always Hold Water in the Fifth District

In a recent ruling by the Fifth District, the court clarified the boundaries of a party’s right to substitute a judge under Illinois law. The case of Simpson v. Knoblauch challenged the notion of “testing the waters,” as the court determined that a party’s prior interactions in a different case do not preclude their right to a substitution. This decision underscores the importance of understanding procedural rights in litigation. Curious about how this ruling could impact your legal strategy? Dive into the full analysis to uncover the implications of this pivotal case!