Law Clerk to Hon. Susan F. Hutchinson, Illinois Appellate Court, Second District
On December 11, 2014, the Illinois Supreme Court amended a number of rules applicable to appellate practice and procedure, for both civil and criminal appeals. The following is a brief synopsis of those amendments.
Rule Amendments in Civil Cases
Rule 303, governing appeals from the trial court in civil cases, was amended to include language providing that a notice of appeal may be filed by any party or any attorney representing a party, regardless of whether that attorney filed an appearance before the trial court.
Rule 308(c), governing the application and answers for a certified question, was amended to provide that an adverse party has 21 days from the application's due date to file an answer. The prior version of the rule provided that a party had 14 days to file an answer.
Rule 315(f), providing that a respondent may file an answer to a petition for leave to appeal from the Appellate Court to the Supreme Court, was amended to provide that a respondent may file an answer within 21 days, as opposed to 14 days, after the expiration of the time for filing the petition for leave.
Rule 361(b), governing motions in the reviewing court, was amended to include language providing that a response shall be filed within 5 days of email service of the motion. The prior version of the rule permitted only personal or facsimile service, while the amended rule permits service by all three.
Rule 367(d), governing rehearing in the reviewing court, was amended to provide that an answer to a petition for rehearing shall be limited to 27 pages and that a reply shall be limited to 10 pages, unless authorized by a court or a judge thereof. Both the answer and the reply must be supported by a certificate of compliance as provided in Rule 341(c).
The amendments to these rules become effective on January 1, 2015.
Rule Amendments in Criminal Cases
Rule 604(d), governing a defendant's appeal from a judgment entered upon a guilty plea, was amended to provide that, when a defendant files a motion to withdraw a guilty plea or to reconsider the sentence, and that motion is based on facts not appearing in the record, a pro se filing the motion from a pro se correctional institution may submit a supporting certification pursuant to section 1-109 of the Code of Civil Procedure (the Code) (735 ILCS 5/1-109) in lieu of an affidavit.
Rule 606(c), governing the perfection of appeal and extensions of time in certain circumstances, was amended to provide that a pro se defendant filing from a correctional institution may file a certification pursuant to section 1-109 of the Code in lieu of an affidavit.
Rule 608(d), governing the record on appeal and extensions of time, was amended to provide that, when a motion for such an extension is filed, a pro se defendant filing from a correctional institution may, in lieu of a supporting affidavit, submit a certification pursuant to section 1-109 of the Code.
Rule 610, governing motions in the reviewing court, provides that motions for extensions of time may be supported by a certification pursuant to section 1-109 of the Code when the motion is filed by a pro se defendant filing from a correctional institution.
The rule amendments relating to criminal appeals became effective on December 11, 2014.
Recommended Citation: Charlie Ingrassia, Supreme Court Amends Rules to Both Civil and Criminal Appeals, (December 18, 2014), The Brief, http://applawyers-thebrief.blogspot.com/2014/12/supreme-court-amends-rules-to-both.html#more.
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