As required by Section 25 of the Court of Claims Act
[705 ILCS
505/25 ], the claimant shall, before seeking final
determination of his claim before the Court of Claims, exhaust all other
remedies, whether administrative, legal or equitable, against all other sources
of recovery for the injury or damages sought to be recovered by the claim,
provided that no frivolous or unreasonable action is required to be brought
against any third party in order to comply with this exhaustion of remedies
requirement.
a) General continuance.
Any complaint filed or pending in the Court of Claims shall be continued
generally subject to the provisions of Section
790.70
of this Part, until the final disposition of all other claims or proceedings
arising from the same occurrence or transaction. Claims continued generally
shall not proceed to evidentiary hearing, but, upon order of the Court, a Judge
thereof, or a Commissioner, discovery may proceed as permitted by Section
790.55 of this Part. (A
general continuance granted by this Court is not to be construed as an opinion
on the question of jurisdiction in any other court or tribunal.)
b) Subsequent action or claim. If the
claimant shall, subsequent to the filing of a complaint in the Court of Claims,
commence a proceeding in another tribunal, or present a claim to any other
person or corporation (e.g., insurance carrier, governmental body, etc.) for
damages arising out of the same occurrence or transaction, the claimant shall
immediately advise the Court of Claims in writing as to when, where and to whom
such claim was presented or proceeding commenced.
c) Action against State employees. Failure to
file or pursue suits against State employees acting within the scope of their
employment shall not be a defense to the respondent.