Publications

Section Newsletter Articles on Illinois Supreme Court Rules

Gold Dust Coins: Shining light on high court’s “effective date of service” rules By Stephen Sotelo Civil Practice and Procedure, March 2014 The key takeaway of Gold Dust Coins: S.C.R. 12’s “Effective Date of Service” rules are used to “measur[e] time periods that begin to run from the date of service,” not to shorten “the time [allowed] for compliance.”
Civil practice Supreme Court Rule changes: 2013 By Hon. Barbara Crowder Bench and Bar, January 2014 An overview of the changes made to the Supreme Court Rules in 2013.
Civil practice Supreme Court Rule changes: 2013 By Hon. Barbara Crowder Civil Practice and Procedure, January 2014 An overview of the changes made to the Supreme Court Rules in 2013.
Wake-up call: Wills and Supreme Court Rule 138 By Mary D. Cascino Trusts and Estates, January 2014 The Trusts and Estates Discussion Group recently brought up a very interesting discussion about Illinois Supreme Court Rule 138, parts of which are to take effect January 1, 2015.
Electronic service of documents—Service that cannot be avoided By Carl R. Draper Legal Technology, Standing Committee on, September 2013 On October 4, 2013, the Illinois Supreme Court will hold a public hearing at its office in Chicago to consider amendments to Supreme Court Rule 138 (Protecting Personal Identity Information) and Proposal 13-06 amending Rule 11 mandating that parties provide e-mail addresses by which they may be served with documents after the initiation of a case in circuit court or on appeal.  The announcement from the Supreme Court invites public comments on the proposals, which should be submitted in writing by Friday, September 20, 2013.
Unbundling family law By Lisa M. Nyuli Family Law, September 2013 Limited scope representation is sure to be with us as the practice of law continues to change. Family law practitioners need to be proactive in defining what that means for us, and for our clients, so that we can provide high quality services to our clients, regardless of the task.
Supreme Court access to justice initiatives By Hon. Lloyd A. Karmeier Bench and Bar, June 2013 A look at the five proposals that the Supreme Court has recently considered and approved in its effort to improve access to justice.
Foreclosure loss mitigation & mediation rules By Daniel Lindsey Bench and Bar, April 2013 A closer look at new Supreme Court Rule 114, which went into effect on March 1, 2013.
New Supreme Court Rule on juror questions presents opportunities for trial lawyers By Daniel Thies Young Lawyers Division, April 2013 Juror questions are likely to become a standard part of the jury trial of the future. Every trial lawyer should be ready to take advantage of this unique window into the jury’s thought process.
Supreme Court adopts new foreclosure rules By Hon. Mathias W. Delort Bench and Bar, April 2013 An explanation of the new Illinois Supreme Court Rules that address practice and procedure in foreclosure cases.
Summary of new practice-related Illinois Supreme Court Rule changes By Hon. Barbara Crowder Bench and Bar, March 2013 An overview of the recent changes to the Illinois Supreme Court Rules.
E-service—It is time to serve others as you would wish to be served By Carl R. Draper Legal Technology, Standing Committee on, February 2013 In late October, 2012, the Supreme Court announced revisions to the Rules of Civil Procedure relating to service of pleadings effective on January 1, 2013. The change made in Rule 11 allowed service of documents to be completed by electronic submission.
Navigating the benefits and potential pitfalls of juror questions under Illinois Supreme Court Rule 243 By Anne Scrivner Kuban and Krista R. Frick Local Government Law, February 2013 The authors discuss their observations of the new rule being used during a recent trial.
Service by e-mail approved by the Illinois Supreme Court By J.A. Sebastian Administrative Law, February 2013 Effective January 1, 2013, Supreme Court Rules 11, 12, and 131 were amended.
Service by e-mail approved by the Illinois Supreme Court By J.A. Sebastian Bench and Bar, February 2013 Effective January 1, 2013, Supreme Court Rules 11, 12, and 131 were amended.
Summary of new practice-related Illinois Supreme Court Rule changes By Hon. Barbara Crowder Civil Practice and Procedure, January 2013 This summary is designed to give readers notice of changes, some minor, others fairly important.
Five years later: Child custody and visitation mediation implementation after the 2006 Supreme Court Rules By Heather Scheiwe Kulp Alternative Dispute Resolution, October 2012 While there have been major achievements for the Illinois justice system, there is still room for improvement in certain aspects of some mediation programs.
Fulfilling the promise of equal access for all Illinoisans: The Illinois Supreme Court Commission on Access to Justice By Hon. Michael B. Hyman Bench and Bar, July 2012 The Illinois Supreme Court, through its Commission on Access to Justice, has committed the legal profession to ensure that justice is never beyond anyone’s reach.
Application of discovery rules to requests to admit By Kevin Lovellette Government Lawyers, June 2012 One issue that has recently seen increased litigation is whether Requests to Admit are discovery devices subject to the requirements of discovery rules and orders of court.
Scales v. Benne: Appellate Court addresses the use of photos produced at time of trial By Bridget A. Mitchell Civil Practice and Procedure, June 2012 Disclosure of photos is governed by SCR 214, not SCR 213, and parties will be barred from using photos not produced prior to trial that were the subject of a SCR 214 request.
Recent Supreme Court Rule changes By Hon. Lloyd A. Karmeier Civil Practice and Procedure, May 2012 An overview of the significant administrative and rule changes made by The Illinois Supreme Court in the past year.
Discovery of those online: Using Supreme Court Rule 224 to ascertain the identity of anonymous online posters By Patrick M. Kinnally Bench and Bar, April 2012 Supreme Court Rule 224 provides that a person may file an independent action seeking discovery before a suit is filed to determine the identity of one who may be responsible in damages. And in the recent case of Maxon v. Ottawa Publishing Co., it was used to identify the posters of critical online commentary.
Is a custody judgment really “final” under Supreme Court Rule 304(b)? By Robin R. Miller and Elizabeth Sietsema Family Law, April 2012 Supreme Court Rule 922, which requires a final Custody Judgment within 18 months, conflicts directly with the so-called “absolute” right to voluntarily dismiss a lawsuit under 735 ILCS 5/2-1009.
Modifications and other things to know about infamous Supreme Court Rule 216 By Stephen C. Buser Civil Practice and Procedure, April 2012 Rule 216 may not be the most important Supreme Court rule a civil trial lawyer should know, but it is a Supreme Court rule that a lawyer should know to avoid devastating, and sometimes avoidable, consequences to a client’s case.  
New rule will allow jurors to submit questions to witnesses in civil trials By Joseph Tybor and Hon. Alfred M. Swanson Jr. Bench and Bar, April 2012 New Illinois Supreme Court Rule 243 will go into effect July 1, 2012, and on that day Illinois will join more than 25 states and the Federal Courts in allowing jurors to submit questions to witnesses in civil trials.
Recent Supreme Court Rule changes By Hon. Lloyd A. Karmeier Bench and Bar, April 2012 An overview of the significant administrative and rule changes made by The Illinois Supreme Court in the past year.
The supervisory authority of the Supreme Court of Illinois: A powerful tool for the court and practitioner alike By Matthew R. Carter Civil Practice and Procedure, April 2012 Illinois Supreme Court Rule 383 provides the requirements for a motion for supervisory order. These motions are rarely granted, yet they have been used successfully at every stage of litigation in Illinois.
Supreme Court allows juror questioning of witnesses: New Supreme Court Rule 243 By Mark Rouleau Civil Practice and Procedure, April 2012 The Illinois Supreme Court has adopted a new rule, S.C.R. 243, which takes effect July 1, 2012.
Partial use of depositions: Illinois Supreme Court Rule 212(c) By John M. Stalmack Civil Practice and Procedure, March 2012 In essence, Illinois Supreme Court Rule 212(c) is a codification of the common law rule of completeness as it applies to depositions
The ARDC can now investigate and prosecute the unauthorized practice of law—Good news for immigrants By Scott D. Pollock International and Immigration Law, January 2012 Last month the Illinois Supreme Court amended its rules, thereby enhancing the ARDC's authority and benefiting immigrants to the U.S. and their family members, who have a particularly critical need for competent legal advice and representation.