By John M. Fitzgerald (left), Partner, Tabet DiVito & Rothstein LLC
Garrett L. Boehm, Jr., Shareholder, Johnson & Bell, Ltd.
Effective November 1, 2016, the Illinois Supreme Court has made
significant amendments to Illinois Supreme Court Rule 307, which governs
interlocutory appeals from, among other things, orders granting or denying
motions for injunctive relief. These amendments were successfully proposed by
the ALA in the hope that they would promote fairness, efficiency and clarity in
Rule 307 interlocutory appeals.
Rule 307 was amended in two primary ways.
First, the amendments provide that parties to Rule 307(a) appeals
no longer need to file a full record on appeal. They may instead file a Rule
328 supporting record, which is compiled by the appellant (not the circuit
court clerk) and supported by affidavit. The appellee may file a supplemental
supporting record if he or she feels that the appellant’s supporting record was
incomplete. The process of compiling a Rule 328 supporting record can be much
quicker and easier than compiling a full record on appeal, and this more
expeditious manner of presenting a pertinent record to the reviewing court can
be essential in a Rule 307 interlocutory appeal, in which at least one party
normally claims the existence of an emergency. (Pursuant to the amendment, full
records on appeal are still required in cases arising under the Juvenile Court
Act where an order terminating parental rights has been entered.)
Second, the amendments effectively overrule the Illinois Appellate
Court’s opinion in Nizamuddin v. Community Education in Excellence, Inc., 2013
IL App (2d) 131230. Nizamuddin held
that, in Rule 307(d) appeals — which are appeals from orders granting or
denying motions for temporary restraining orders (TROs) — the notice of appeal
must be filed in the appellate court (not the circuit court) even though “the
rule does not state point-blank” that the notice must be filed in the appellate
court. See Nizamuddin, 2013 IL App
(2d) 131230, ¶ 6. The Supreme Court’s amendment now specifies that the notice
of appeal in a Rule 307(d) interlocutory appeal — as in all other types of appeals
— shall be filed “in the circuit court.”
Nizamuddin also held that parties may not file
documents via mail or delivery to a third-party commercial carrier in Rule
307(d) appeals, notwithstanding that Rule 373 expressly authorizes that method
of filing papers in a reviewing court and there is nothing in Rule 307 to the
contrary. See Nizamuddin, 2013 IL App
(2d) 131230, ¶¶ 7-11. The Supreme Court has amended Rule 307 to provide that
Rule 373 may be utilized in Rule 307(d) appeals, provided that the relevant
documents are sent by overnight delivery.
The ALA remains
active in proposing amendments to the Illinois Supreme Court Rules that are
intended to promote fairness, efficiency and clarity in the appellate process. The
ALA appreciates the Illinois Supreme Court’s adoption of the amendments
proposed by the ALA. Any ALA members who have ideas for amending the Illinois
Supreme Court Rules are encouraged to contact the co-chairs of the ALA Rules
Committee, John Fitzgerald and Garrett Boehm.
DISCLAIMER: The Appellate Lawyers Association does not provide legal services or legal advice. Discussions of legal principles and authority, including, but not limited to, constitutional provisions, statutes, legislative enactments, court rules, case law, and common-law doctrines are for informational purposes only and do not constitute legal advice.