Wednesday, October 21, 2015

Supreme Court Amends Rules to Civil Appeals

By Richard Harris
Law Clerk to Hon. Susan F. Hutchinson, Illinois Appellate Court, Second District

On October 15, 2015, the Illinois Supreme Court amended three rules applicable to civil appellate practice and procedure. The following is a brief synopsis of those amendments.

The amended Rule 308 extends the time for filing an application for leave to appeal from 14 days to 30 days after the entry of the certified question in the trial court. 


The amended Rule 324 now requires the clerk of the circuit court to accept for inclusion in the record any pleading that carries an original filing stamp of the clerk.  Additionally, notice of filing must be given to all parties of record. 


The amended Rule 335 
provides that a petition for review be filed in the appellate court within 35 days from the date that a copy of the order or decision sought to be reviewed was served upon the party affected by any order or decision of an administrative agency, unless another time period is specifically authorized by the law authorizing review. 

ALA Rules Committee Co-Chair John Fitzgerald testified on the ALA's behalf at the public hearing regarding the changes. ALA Rules Committee member Jon Amarilio also participated. Past ALA presidents Tim Eaton and Mike Rathsack testified on behalf of the CBA.

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