June 23, 2020
The Illinois Supreme Court Rules Committee heard comments on June 24, 2020, at a remote public hearing via the Zoom videoconference platform on seven proposals, including a proposal to require all written opinions by the Appellate Court to be published and a proposal to create a new Supreme Court Rule that would require all eviction complaints to include a copy of the written eviction notice or demand.
The oral arguments were livestreamed on the Court's YouTube page.
All the proposals, which must be approved by the Illinois Supreme Court before they could take effect, were aired at a remote hearing before the Rules Committee at 10:30 a.m., Wednesday, June 24, 2020.
The Rules Committee invites public comments on the proposals, which are posted on the Supreme Court website at: www.illinoiscourts.gov/SupremeCourt/Public_Hearings/Rules/default.asp
The following are the proposals which the Rules Committee seeks comment on:
Proposal 19-01 Amends Illinois Rule of Professional Conduct 7.3(b) (Solicitation of Clients); The Rules Committee seeks comments on a proposal to prohibit solicitation of respondents in ex parte order of protection proceedings until after the respondent has been officially served.
Proposal 19-03, submitted by practitioner Roy C. Dripps, would amend Supreme Court Rule 212(d). The proposal would provide a uniform rule addressing use of depositions taken in previously dismissed and refiled Illinois cases, in federal court prior to remand, and in other states in which the case was dismissed and refiled in Illinois.
Proposal 19-05, submitted by the Chicago Bar Association, would amend Supreme Court Rules 306, 315, 316, 341 and 368. The proposal would amend Rule 306 to permit a party to request that the circuit clerk file a complete record when an interlocutory appeal is filed. The proposal would also amend Supreme Court Rules 315 and 368 noting that when the appellate court files a corrected opinion where no petition for rehearing has been filed, that the corrected opinion does not extend the time for a party to petition for leave to appeal. The proposal would also amend Supreme Court Rule 316 to provide that the length of an application for appeal to the Supreme Court on certificate shall be governed by Supreme Court Rule 367. The proposal would also amend Supreme Court Rule 318(c) to indicate that e-filed stamped copies of a pertinent appellate court brief may be filed with the Supreme Court. Lastly, the proposal would amend Supreme Court Rule 341 to provide that a Table of Contents must be included in appellant's brief, but will not be included in the word count.
Proposal 19-10, submitted by practitioner Lauren Riddick, would amend Supreme Court Rule
113. This proposal would allow for electronic service of foreclosure sale notices to all parties providing an email address.
Proposal 19-11, submitted by retired Judge James C. Murray, would repeal Supreme Court Rule 23 in its entirety. This proposal would require all written opinions by the Appellate Court to be published.
Proposal 19-14, submitted by Judge Robert McLaren, would amend Supreme Court Rule 303.This proposal to amend Rule 303 would provide that during the pendency of the circuit court's jurisdiction over the cause generally, the trial court may entertain a motion to reconsider its denial of a post judgment motion; however, such a request for reconsideration will not toll the running of the time within which a notice of appeal must be filed.
Proposal 20-04, submitted by the Illinois Board of Admissions to the Bar, would amend Supreme Court Rule 704. The proposal would add a definition of the term "jurisdiction" as that term is used in subsection (d) of the rule; the proposal also amends subsection (i) to allow "remote" practice of law in Illinois by attorneys licensed in other jurisdictions doing work for non-Illinois clients while the attorney is temporarily residing in Illinois for up to 6 months.
Proposal 20-07, submitted by the Supreme Court Commission on Access to Justice, proposes a new Rule to the Supreme Court for Practice and Procedure in Eviction Act Cases. The proposal would require all eviction complaints to include a copy of the written eviction notice or demand and, where applicable, the relevant portions of the lease.
Justice Thomas L. Kilbride serves as Supreme Court liaison to the Rules Committee and Antonio Romanucci of Romanucci & Blandin, LLC, is chair of the committee.