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October 2016 Updates:

Illinois Supreme Court

Rule 12. Proof of Service in the Trial and Reviewing Courts; Effective Date of Service.
Amended to replace “certificate of the attorney or affidavit of a person other than the attorney” with “certificate of the person, as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109 (West 2012)),” throughout paragraph (b).

Rule 307. Interlocutory Appeals as of Right.
Amended to add that a Rule 328 supporting record shall not be filed in cases arising under the Juvenile Court Act where an order terminating parental rights has been entered. In those cases, a Rule 323 record shall be filed.

Rule 324. Preparation and Certification by the Circuit Clerk of the Record on Appeal.
Amended to add that the clerk shall accept for inclusion in the record or a supplemental record under Rule 329 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.

Rule 373. Date of Filing Papers in Reviewing Court; Certificate of Mailing.
Amended to add that proof of mailing or delivery to a third-party commercial carrier shall be as provided in Rule 12(b)(3) or, in the case of mailing by a pro se petitioner from a correctional institution, as provided in subpart (b)(4) of Rule 12.

Rule 585. Applicability.
Added to provide that Rules 585 through 590 are applicable to civil law violations, pursuant to section 4(a) of the Cannabis Control Act (720 ILCS 550/4(a)) or section 3.5 of the Drug Paraphernalia Control Act (720 ILCS 600/3.5(c)).

Rule 586. Appearance Date.
Added to provide that the officer or clerk of the circuit court shall give the accused a first appearance date 30 to 45 days from the date of the violation whenever practicable. The accused is to pay $120 per violation pursuant to this Article on or before the appearance date set by the officer or clerk of the circuit court or to appear in court.

Rule 587. Notice to Accused.
Added to provide form for the accused individual to contest the violation. Upon timely receipt of notice that the accused intends to contest the violation, the clerk shall set a new appearance date not less than 7 days nor more than 60 days after the original appearance date set by the law enforcement officer or the clerk of the circuit court and shall notify all parties of the new date and the time for appearance. If the accused demands a trial by jury, the trial shall be scheduled within a reasonable period. A jury fee may be applicable, as directed by the court.

Rule 588. Fines, Penalties, and Costs on Written Consents to Judgments in Civil Law Violations.
Added to allow for the resolution of a civil law violation without a court appearance. This means that persons cited for civil law violations can pay a $120 fine, as set by Rule 586, by mail and without having to appear in court, similar to the current process for minor traffic violations.

Rule 589. Uniform Civil Law Citations—Processing.
Added to provide that the uniform form shall be adapted for use by municipalities. The law enforcement officer shall complete the form or citation and, within 48 hours after the issuance, shall transmit the portions entitled “Complaint” and “Disposition Report,” either in person or by mail, to the clerk of the circuit court of the county in which the violation occurred. Each Uniform Civil Law Citation form shall, upon receipt by the clerk, be assigned a separate case number, numbered chronologically, including multiple citations issued to the same accused for more than one violation arising out of the same occurrence. A final disposition noted on the reverse side of the “Complaint” shall be evidence of the judgment in the case. Upon final disposition of each case, the clerk shall execute the “Disposition Report” and promptly forward it to the law enforcement agency that issued the citation.

Rule 590. Procedure if Defendant Fails to Appear.
Added to provide that in all civil law violation cases in which a defendant is issued a Uniform Civil Law Citation and fails to appear on the date set for appearance, or on any date to which the case may be continued, the court may enter a default judgment and in so doing shall assess a fine, inclusive of costs. Payment received for the fine assessed following the entry of a default judgment shall be disbursed by the clerk pursuant to Rule 588.

Rule 941. General Provisions.
Amended to add that in addition to the rules in part A of this Article, the rules in this part C shall apply to child custody proceedings filed under Articles II, III, and IV of the Juvenile Court Act of 1987 and all juvenile delinquency proceedings filed under Article V of the Juvenile Court Act of 1987.

Rule 943. Use of Restraints on a Minor in Delinquency Proceedings Arising Under the Juvenile Court Act.
Added to provide guidelines on the use of restraints on minors during court proceedings.

Illinois Appellate Court, 2nd District

Rule 110. Availability of Materials.
Amended to remove a section that prohibited the copying of materials.

Circuit Court of Cook County

Rule 10.9. Rules Governing the Use of Videoconferencing Equipment in Hearings Under the Mental Health and Developmental Disabilities Code.
Added to provide rules promulgated to implement section 3-806.1 of the Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100, et. seq.

Circuit Court—12th Circuit

Rule 18.01. Authority.
Amended to update the effective date of the pertinent Supreme Court order and to approve the publication Electronic Filling Standards and Principles regarding the acceptance of electronic filing of documents in civil and criminal proceedings.

Rule 18.02. Effective Date.
Amended to provide the effective date of the e-filing rules.

Rule 18.03. Designation of Electronic Failing Case Types.
Amended to authorize all criminal and civil cases, excepting wills and sealed and impounded cases, as permissible filing case types. Provides that documents required to be kept in their original form pursuant to the Manual on Recordkeeping in the Circuit Courts are excluded from electronic filing.

Rule 18.04. Definitions.
Amended to add definitions for “Clerk”, “Court Partner Agency Users”, “Justice Community User”, and “PDF/a”.

Rule 18.05. Authorized Users.
Amended to update requirements for authorized e-filing users, including users’ registration with the iAttorney™ program and the clerk’s authorized e-filing vendor, as well as detailing personal and contact information to be furnished. Provides e-filing accessibility, without charge, during normal business hours.

Rule 18.06. Method of Filing.
Amended to provide encouragement of e-filing, although conventional filings will continue to be accepted. Provides that the method of filing shall not affect the right of access to court documents.

Rule 18.07. Maintenance of Original Documents.
Amended to include “self-represented litigant” to those whom signed original documents are made available for inspection.

Rule 18.08. Privacy Issues.
Amended to provide that it is the responsibility of the filing party or counsel to ensure that documents or exhibits filed electronically do not disclose previously or statutorily impounded or sealed information or private information as defined by Illinois Supreme Court Rules 15 and 138, court order or other applicable statues or rules. Also provides that a party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal, that the motion must include an explanation of how the document meets the legal standards for filing sealed documents, and that the document in question may not be attached to the motion as an exhibit. Adds the last four digits of a driver’s license number as a personal identifier for e-filed documents.

Rule 18.09. Format of Documents
Amended to include “self-represented litigant” to those whom signed original documents are made available for inspection. Provides that e-filed documents must be submitted in PDF/a format. Provides specific standards regarding: document size and format; maximum file size allowable; document unalterability and virus-checking; bulk filings of multiple cases, documents, and citations; conditions of document acceptance or rejection; and links embedded within documents.

Rule 18.10. Signatures and Authentication.
Amended to include the signature of a “self-represented litigant”. Provides that the filing party or attorney must confirm the approval of all persons, persons not a party to a case or not registered persons required to sign the document. Provides specific standards regarding: original signatures of all non-electronic filers; the typed name of the clerk accepted as the clerk’s signature; capture and maintenance of judges’ electronic signatures by the clerk; and maintenance and preservation of signatures in general.

Rule 18.11. Time of Filing, Acceptance by the Clerk and Electronic Filing Stamp.
Amended to provide that documents used for service of process receive an electronic seal, rather than an electronic file stamp. Provides that, while the case is pending, the clerk shall retain an audit trail of submission, acceptance, and filing of electronic documents by recording the dates and times transmitted, received, and accepted or rejected.

Rule 18.12. Electronic Service and Filing Proof of Service.
Amended to provide that, in civil cases, service of documents on parties not registered as an e-filing participant shall be made pursuant to Illinois Supreme Court Rule 12 or applicable rule or statute. Provides that, in criminal cases, documents may be served upon registered attorneys electronically through the e-file vendor. Provides that electronic service via e-mail shall be deemed complete on the first court day following transmission by the e-file vendor or party. Entitles a party served to an order extending the date for response when electronic response error is due to: inaccessibility to the vendor’s system; error in the vendor’s transmission of notice to the party being served; vendor’s failure to process the e-filing for service; or, the party was erroneously excluded from the service list.

Rule 18.13. Collection of Fees and Courtesy Copies.
Amended to provide that copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rule or statute. Provides that, when the electronic filing includes a request for waiver of fees by petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition. Provides that e-filing fees must be paid in full within 24 hours of transmittal to the vendor using United States currency, money order, certified bank check, credit card, or ACH transfer. Provides that filings initiated by Justice Community Users in criminal cases shall be exempted from the payment of filing fees and any vendor fees, when appropriate.

Rule 18.14. System or User Errors.
Amended to remove paragraph (c), regarding an order extending the date for response due to prejudice caused by the court’s order to accept a subsequent filing effective as of the date the filing was first attempted.

Rule 18.15. Vendor Conditions.
Amended to provide that ownership of documents and access to data associated with all e-filed documents remains with the court. Provides that e-documents processed by the e-filing vendor remain property of the court and neither documents nor data from the documents and/or transactions shall be used by the e-filing vendor for any other purpose other than those specifically authorized by the court’s chief judge and his/her designee, in coordination with the clerk.

Circuit Court—18th Circuit

Rule 13.04. Discovery.
Amended to provide that, within 60 days after the filing of a responsive pleading to the complaint, counterclaim, third party complaint, etc., the parties shall each make the initial disclosure required by Supreme Court Rule 222 and file a notice of disclosure with the clerk of the court. Provides that no disclosure statement shall be filed with the clerk, except on order of the court.

Circuit Court—22nd Circuit

Rule 11.02. Affidavit of Parties and Production of Documents.
Amended to provide that the Financial Affidavit shall be supported by documentary evidence, shall be filed with the Clerk of the Court, and shall become part of the public records. Tax returns, pay stubs, and any other supporting documentary evidence shall not be filed with the Clerk and shall not become part of the public record. Provides that, at least seven days prior to the hearing, instead of on the day set for hearing, each party shall provide a courtesy copy of the Financial Affidavit, as well as an index of any other documentary evidence submitted in support of the Financial Affidavit.

Rule 11.04. Attorney for the Child.
Amended to change “child custody and visitation cases” to “allocation of parental responsibility and parenting time cases” throughout.

Rule 11.05. Conciliation, Mediation, Advice to Court, Investigations and Reports.
Amended to change reference to Illinois Complied Statutes number 5/604 and 5/605 to 5/604.10.

Rule 11.06. Case Management Conferences.
Amended to change “child custody and visitation cases” to “allocation of parental responsibility and parenting time cases” throughout. Also changes “pro se” to “self-represented” throughout.

Rule 11.07. Settlement Conference.
Amended to change “custody and removal” to “allocation of parental responsibility and relocation”. Also changes “pro se” to “self-represented”.

Rule 11.09. Parenting Education.
Amended to change “custody, visitation or removal” to “significant decisions making responsibility, parenting time or relocation”. Also changes “visitation” to “parenting time”.

Rule 18.01. Mission/Purpose Statement.
Amended to change “child custody, child visitation and child removal” to “allocation of significant decision making responsibility, parenting time and relocation”.

Rule 18.02. Definitions.
Amended to change “custody, visitation, removal” to “allocation of decision making responsibility, parenting time, relocation”.

Rule 18.03. Mediation Mandatory in Certain Cases.
Amended to change “custody, visitation” to “allocation of significant decision making responsibility” throughout. Also changes “removal” to “relocation”.

Rule 18.09. Termination of Mediation on Motion of a Party.
Amended to provide that the court may alternatively (or in addition) seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child’s best interest pursuant to 604.10(b).

Rule 20.04. Mediator Qualifications.
Amended to provide that, for certification in major civil cases, a mediator applicant must: complete a minimum of 30 hours mediation training in a program approved by the circuit court, during the one year period prior to application or reapplication for certification as a mediator; and be a retired judge or be a member in good standing of the Illinois Bar with at least seven years of practice in Illinois unless otherwise prescribed by the Supreme Court, and be actively practicing in the State of Illinois for twelve consecutive months.

Includes revised fee schedules for the Circuit Court of Cook County and the court’s Probate and County Divisions.

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