Supreme Court Rules Governing Filing Motions in Supreme Court, and While Court is not in Session, Amended

By Charlie Ingrassia
Law Clerk to Hon. Susan F. Hutchinson, Illinois Appellate Court, Second District

The Illinois Supreme Court recently amended Rules 361, 381, and 383. The amendments became effective March 14, 2014.

Rule 361(c) governs motions filed in the Supreme Court while the court is not in session. Subsection (c)(1) provides that, if a motion is brought pursuant to a rule specifying that relief may be provided "by the court or a justice thereof," the motion shall be directed to the justice of the judicial district involved, or in the first district, to the justice designated to hear motions. Pursuant to the amendment, when a motion is filed in the second, third, fourth, or fifth judicial district, a party no longer needs to serve a copy of the motion to the justice's district chambers. Instead, a party must file the original motion, one copy, and importantly, a proposed order in compliance with Rule 361(b)(3) with the clerk in Springfield. A response to the motion shall be directed to the justice, with the original response and one copy being filed with the clerk in Springfield.

Subsection (c)(2) of Rule 361 governs motions that require action by the full court. If the case arises from the second, third, fourth, or fifth judicial district, the party shall file (and no longer mail) the original motion and eight copies with the clerk in Springfield. The Rule no longer requires parties to mail a copy of the motion to the justices of the court at their district chambers. Responses to the motion shall also be filed with the clerk in Springfield, and include the original and eight copies. A copy of the response no longer needs to be sent to each justice of the court at the justice's district chambers. For cases arising in the first district, parties shall file motions and responses thereto with the clerk's satellite office in Chicago. Parties shall file the original and eight copies of the motion or response, but no longer need to send a copy to the justices from the second, third, fourth, and fifth judicial districts at their respective district chambers.

Rule 381 governs original actions in the Supreme Court pursuant to article VI, section 4(a) of the Illinois constitution, and subsection (a) governs motions for leave to file such actions. Pursuant to amended subsection (a), if the motion is filed while the court is not in session, the moving party shall file the original motion and eight copies with the clerk in Springfield if the case arises from the second, third, fourth, or fifth judicial district; and if the case arises in the first district, the movant shall file the original and eight copies with the clerk's satellite office in Chicago. In either situation, per the amendment, a copy of the motion no longer needs to be sent to each justice of the court at the justice's district chambers.

Rule 383 governs motions for supervisory orders. If a motion for a supervisory order is filed while the court is not in session, the moving party shall file the original motion and eight copies with the clerk in Springfield if the case arises from the second, third, fourth, or fifth judicial district; and file the original and eight copies with the clerk's satellite office in Chicago if the case arises from the first district. A copy of the motion no longer needs to be sent to each justice of the court at the justice's district chambers.


Recommended Citation: Charlie Ingrassia, Supreme Court Rules Governing Filing Motions in Supreme Court, and While Court is not in Session, Amended, The Brief, (March 23, 2014), http://applawyers-thebrief.blogspot.com/2014/03/supreme-court-rules-governing-filing.html.

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