By Charlie Ingrassia
Associate, Adler Murphy & McQuillen LLP
On October 6, 2016, the Illinois Supreme Court entered an order
amending various rules that govern appellate practice and procedure. The amendments, which become effective on November 1, 2016, are:
Rule 12: Governing proof of service in trial and reviewing courts, amended Rule 12 now allows proof of service to be established by a certificate of “the person, as provided in section 1-109 of the Code of Civil Procedure” who delivered, deposited, faxed, or e-mailed the document. Language requiring non-attorneys to establish proof of service by an affidavit has been stricken.
Rule 307(a): Rule 307(a) governs interlocutory appeals as of right. The amendments clarify that, when such an appeal is filed, a supporting record pursuant to Rule 328 must be filed within the same 30-day period as filing the notice of appeal, unless the timeframe for filing the supporting record is extended by the Appellate Court. However, the amendments clarify that a Rule 328 supporting record “shall not” be filed in cases arising under the Juvenile Court Act. In those cases, a record pursuant to Rule 323 must be filed. The amendments also incorporate Rule 328 language into subsections (b) and (c).
Rule 307(d): Rule 307(d) governs appeals from temporary restraining orders. Pursuant to the amendments, Rule 307(d)(1) provides that documents to be filed with the Appellate Court may be filed by mail in accordance with Rule 373, but only if those documents are sent by overnight delivery. Relatedly, subsection (d)(2)—governing the legal memoranda in an appeal from a temporary restraining order—now provides that documents may be served on the other party personally, by facsimile, or e-mail. Moreover, the legal memoranda may be filed with the Appellate Court by mail pursuant to Rule 373 so long as it is sent by overnight delivery.
Rule 373: Rule 373 governs the date of filing of papers in the reviewing court. Consistent with the amendment to Rule 12, the title of Rule 373 has been amended to strike the currently existing reference to an affidavit. In addition, the body of the rule added language to provide that proof of mailing by a pro se petitioner from a correctional institution shall be established by Rule 12(b)(4).