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Updates as of December 2015:

 

Illinois Code of Civil Procedure

Section 2-209. Act submitting to jurisdiction-Process.
Amended to add reference to the Illinois Parentage Act of 2015, in regards to sexual intercourse within Illinois during the possible period of conception.

Section 2-1003. Discovery and depositions.
physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories, shall be in accordance with rules. Also removes paragraphs (b) and (c).

Section 2-1401. Relief from judgments.
Amended to change "Illinois Parentage Act of 1984" to "Illinois Parentage Act of 2015."

Section 8-1403. Interpreters for civil cases.
Added to provide that whenever any person is a party or witness in a civil action in this State, the court shall, upon its own motion or that of a party, determine whether the person is capable of understanding the English language and is capable of expressing himself or herself in the English language so as to be understood directly by counsel, court, or jury. Provides that if the court finds the person incapable of so understanding or so expressing himself or herself, the court shall appoint an interpreter for the person whom he or she can understand and who can understand him or her.

Section 12-112. What liable to enforcement.
Amended to change "Illinois Parentage Act of 1984" to "Illinois Parentage Act of 2015."

Section 12-819. Limitations on Part 8 of Article XII.
Amended to add reference to the Illinois Parentage Act of 2015.

Section 13-202. Personal injury-Penalty.
Amended to provide that actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act.

Section 15-1501. Parties.
Amended to add, in provisions outlining under which circumstances the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action, situations where there is a: (i) beneficiary under a transfer on death instrument; (ii) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (iii) person or entity that was conveyed title to the property under the administration of the deceased's estate; or (iv) trust that was conveyed title to the property.

Illinois Code of Criminal Procedure

Section 103-1. Rights on arrest.
Amended to add a paragraph (b-5) to provide consistency with the Vienna Convention on Consular Relations. Provides that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate.

Section 104-17. Commitment for Treatment; Treatment Plan.
Amended to provided that the clerk of the circuit court shall transmit to the Department of Human Services, agency or institution, if any, to which an unfit defendant is remanded for treatment the complete copy of any fitness report prepared or other report prepared by a forensic examiner for the court.

Section 104-20. Ninety-Day Hearings; Continuing Treatment.
Amended to provide that if the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment.

Section 106B-10. Conditions for testimony by a victim who is a child or a moderately, severely, or profoundly intellectual disabled person or a person affected by a developmental disability.
Added to provide that, in the taking of testimony of the child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability in a sex offense case, the court may set conditions in taking the testimony that involve (rather than include) the use of a facility dog in any proceeding involving the sexual offense.

Section 109-1. Person arrested.
Amended to provide that at the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention be given to his or her country's consular representatives and the right to communicate with those representatives if the notice has not already been provided. Provides that the court must make a written record of so advising the defendant. Provides that if consular notice is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Provides that any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by the speedy trial provisions and on the day of the expiration of delay the period shall continue at the point at which it was suspended. States that the provisions do not create any new substantive state right or remedy. Provides that the new provision does not create any affirmative duty to investigate whether an arrestee or detainee is a foreign national.

Section 110-7. Deposit of Bail Security.
Amended to provide that in counties with a population of 3,000,000 or more, in no event shall the amount retained by the clerk as bail bond costs exceed $100.

Section 112A-10. Process.
Amended to provide that in counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearms owner's identification card, or the exclusive possession of a shared residence.

Section 112A-10. Process.
Amended to provide that in counties with a population over 3,000,000, a special process server may not be appointed if the order of protection grants the surrender of a child, the surrender of a firearm or firearms owner's identification card, or the exclusive possession of a shared residence.

Illinois Supreme Court

Rule 11. Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts.
Amended to add subparagraph titles under paragraph (b). Also, adds that attorneys must include an email address on all pleadings filed in conformance with Rule 131.

Rule 12. Proof of Service in the Trial and Reviewing Courts; Effective Date of Service.
Amended to add that service by electronic in-box under Rule 11(b)(7) must be complete on the first court day following transmission.

Rule 39. Appointment of Associate Judges.
Amended definition of "circuit judge" to state that they can be elected or appointed.

Rule 63. CANON 3. A Judge Should Perform the Duties of Judicial Office Impartially and Diligently.
Amended to add that a judge may consult with members of a Problem Solving Court Team when serving as a judge in a certified Problem Solving Court as defined in the Supreme Court "Problem Solving Court Standards".

Rule 99. Mediation Programs.
Amended to provide that reporting to the Supreme Court for each approved mediation program shall be conducted in a manner and method as prescribed by the Administrative Office of the Illinois Courts.

Rule 101. Summons and Original Process-Form and Issuance.
Amended to state that the summons shall bear the "information required by Rule 131(d) or the plaintiff's attorney or the plaintiff if not represented by an attorney". Also updates forms to include a space for the inclusion of an email address.

Rule 107. Notice of Hearing for an Order of Replevin.
Amended to include address, telephone number, and email address on the Form of Notice.

Rule 131. Form of Documents.
Amended to provide that all documents filed or served in any cause by an attorney upon another party shall bear the attorney's name, business address, email address, and telephone number. The attorney must designate a primary email address and may designate no more than two secondary email addresses. Also provides that all documents filed or served by an unrepresented party upon another party should include the unrepresented party's mailing address and telephone number. The unrepresented party may include an email address where service may be directed under Rule 11(b)(6).

Rule 291. Proceedings Under the Administrative Review Law.
Amended to include a space for email address on the Form of Summons.

Rule 306. Interlocutory Appeals by Permission.
Amended to provide that the petition, supporting record and the petitioner's legal memorandum, if any, shall be filed in the Appellate Court within 14 days of the entry or denial of the order from which review is being sought, with proof of personal, email or facsimile service as provided in Rule 11.

Rule 307. Interlocutory Appeals as of Right.
Amends proof of service to include "personal, email or facsimile service" as provided in Rule 11.

Rule 308. Certified Questions.
Amended to provide that the appeal will be sought by filing an application for leave to appeal with the clerk of the Appellate Court within 30 days after the entry of the order in the trial court or the making of the prescribed statement by the trial court, whichever is later. An original and three copies of the application shall be filed.

Rule 324. Preparation and Certification by the Circuit Clerk of the Record on Appeal.
Amended to provide that the clerk shall accept for inclusion in the record or a supplemental record an original or a copy of any filing that carries a filing stamp of the clerk of the circuit court without any need for further authentication. Notice of filing must be given to all parties of record.

Rule 335. Direct Review of Administrative Orders by the Appellate Court.
Amended to provide that unless another time period is provided specifically by the law authorizing review, the petition for review shall be filed in the Appellate Court within 35 days from the date that a copy of the order or decision sought to be reviewed was served upon the party affected by any order or decision of the administrative agency, and shall specify the parties seeking review and shall designate the respondent and the order or part thereof to be reviewed. The agency and all other parties of record shall be named respondents.

Rule 341. Briefs.
Amended to provide that briefs of the appellant and the appellee are limited to no more than 15,000 words, and the reply brief to 7,000 words. Also provides that cross-appellants and cross-appellees are allowed an additional 30 pages, or alternatively 8,400 words, and the cross-appellant's reply brief shall not exceed 20 pages, or alternatively 7,000 words. Also adds that if sending the brief by email, only one copy needs to be sent.

Rule 367. Rehearing in Reviewing Court.
Amended to provide that a petition for rehearing is limited to 27 pages or 8,000 words. The answer or reply to the petition, unless authorized by the court or a judge thereof, is limited to 27 pages, or alternatively 8,000 words, and the reply shall be limited to 10 pages, or alternatively 3,500 words.

Rule 381. Original Actions in the Supreme Court Pursuant to Article VI, Section 4(a), of the Constitution.
Amended to provide that the respondent shall have seven days after personal, email or facsimile service of the motion, or within such further time as the court or a judge may allow to file any objections to the motion.

Rule 383. Motions for Supervisory Orders.
Amended to include "email" to the methods of service of motion.

Rule 501. Definitions.
Amended to add the Herptiles-Herps Act, as amended (510 ILCS 68/1-1 et seq.) under Conservation Offenses.

Rule 604. Appeals from Certain Judgments and Orders.
Amended to include the "Certificate of Counsel Form".

Rule 705. Admission on Motion.
Amended to provide that the applicant provides documentary evidence satisfactory to the Board that for at least three to five years immediately preceding the application they were actively practicing law.

Rule 716. Limited Admission of House Counsel.
Amended to make it easier to provide legal services as in-house counsel. However, attorneys in other jurisdictions will still have to be fully qualified and be familiar with Illinois's ethics rules.

Rule 792. The MCLE Board.
Makes a technical change.

Rule 1.0. Terminology.
Amended to change "e-mail" to "electronic communications".

Rule 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer.
Amended to provide that a lawyer may counsel or assist a client in conduct expressly permitted by Illinois law that may violate or conflict with federal or other law, as long as the lawyer advises the client about that federal or other law and its potential consequences.

Rule 1.6. Confidentiality of Information.
Amended to provide that a lawyer may reveal information relating to the representation of a client to detect and resolve conflicts of interest if the revealed information would not prejudice the client. Also adds that a lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

Rule 1.18. Duties to Prospective Client.
Amended to change "discusses" to "consults." Also provides that even when no client-lawyer relationship exists, a lawyer should not reveal any information that he has learned from meeting with a prospective client.

Rule 3.8. Special Responsibilities of a Prosecutor.
Amended to provide that when a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall: (1) promptly disclose that evidence to an appropriate court or authority, and (2) if the conviction was obtained in the prosecutor's jurisdiction, (i) promptly disclose that evidence to the defendant unless a court authorizes delay, and (ii) undertake further reasonable investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit. Also provides that when a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor's jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.

Rule 4.4. Respect For Rights of Third Persons.
Amended to provide that a lawyer who receives a document or electronically stored information related to the representation of the lawyer's client and knows that the document or electronically stored information was inadvertently sent shall promptly notify the sender.

Rule 5.3. Responsibilities Regarding Nonlawyer Assistance.
Amended to change the title from "Responsibilities Regarding Nonlawyer Assistants" to "Responsibilities Regarding Nonlawyer Assistance".


Rule 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law.
Amended to provide that a lawyer admitted in another United States jurisdiction or admitted or otherwise authorized to practice in a foreign jurisdiction, and not disbarred or suspended from practice in any jurisdiction or the equivalent thereof, may provide legal services through an office or other systematic and continuous presence in this jurisdiction. Also adds that the foreign lawyer must be in good standing in the foreign jurisdiction.

Rule 7.3. Solicitation of Clients.
Amended to change title from "Direct Contact with Prospective Clients" to "Solicitation of Clients".

Illinois Rules of Evidence

Rule 103. Rulings on Evidence.
Amended to add paragraph (b), provisions for preserving a claim of error for appeal in four situations: in civil and criminal cases where the court has not made a previous ruling on the record concerning the admission of evidence; in criminal cases alone; in civil cases alone; and in post-trial motions. In addition, former paragraphs (b) through (d) were re-lettered as (c) through (e).

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements.
Amended to provide that evidence of a plea discussion or any resulting agreement, plea, or judgment is not admissible, amongst certain conditions.

Rule 412. Prior Sexual Activity or Reputation as Evidence.
Added to provide as inadmissible evidence of sexual activity or reputation of a person alleged to be a victim of a sexual offense.

Rule 413. Evidence of Other Offenses in Criminal Cases.
Added to provide as admissible evidence, in criminal cases the defendant's commission of another offense or offenses.

Rule 611. Mode and Order of Interrogation and Presentation.
Amended to add to the scope of cross-examination matters, the knowledge of the witness that explain, qualify, discredit, or destroy the witness's direct testimony.

Rule 613. Prior Statements of Witnesses.
Amended to change the word "admissions" to "statements".

Rule 801. Definitions.
Amended to change the word "admission" to "statement".

12th Judicial Circuit

Rule 4.04. Notice of Hearing of Motions.
Amended to provide that all dispositive motions shall be filed no later than sixty days before the scheduled trial or arbitration hearing date, except by prior leave of court, for good cause shown.

Rule 4.13. Briefs and Memoranda.
Added to provide that no motion, response or brief or memorandum in support thereof shall exceed 15 typewritten double-spaced pages.

22nd Judicial Circuit

Rule 17.01. Definitions.
Added to provide definitions for "Arbitration Administrator", "Arbitration Judge", and "Arbitration Supervisor".

Rule 17.02. Actions Subject to Mandatory Arbitration (Supreme Court Rule 86).
Amended to change "Supervising Judge of arbitration" to "Arbitration Judge" and to add, to the time limit of no more than 180 days from the date of transfer of the motion call, the condition "unless good cause otherwise warrants".

Rule 17.04. Scheduling of Hearings (Supreme Court Rule 88).
Amended to change the condition of setting an arbitration date at the first return date if all parties have appeared or been served, unless otherwise warranted. Provides that, prior to setting any case for arbitration, the parties and the court shall confer with the Arbitration Administrator regarding the availability of arbitration dates. Provides that every order setting a case for arbitration shall clearly indicate whether a party or the parties are bringing an interpreter.

Rule 17.05. Motions.
Amended to change "Supervising Judge of arbitration" to "Arbitration Judge".

Rule 17.08. Award and Judgment on Award (Supreme Court Rule 92).
Amended to change "Supervising Judge of arbitration" to "Arbitration Judge".

With the addition of new Rule 17.01, former rules 17.01 through 17.12 were renumbered as 17.02 through 17.13

Miscellaneous

Includes revised fee schedules for the Circuit Court of Cook County and the court's Probate and County Divisions as well as updated 2016 court holiday calendars.

Illinois Courts Rule Book - 2016 $ 93.00 Subscribe
Illinois Courts Rule Book - Supplement - 2016 $ 63.00 Subscribe
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