administrative and procedural rules of the illinois

ADMINISTRATIVE AND PROCEDURAL RULES OF THE ILLINOIS APPELLATE COURT- FOURTH DISTRICT

201 West Monroe Street, Springfield, IL 62704 Revised 2021

Illinois Supreme Court Rule 22(h) authorizes this comi to adopt rules of practice consistent with

the Illinois Supreme Court Rules, the Uniform Administrative and Procedural Rules of the Illinois

Appellate Courts, and the Illinois Compiled Statutes.

1. Filing and Form of Documents Filed in the Appellate Court Filers must electronically file all documents in civil cases, except documents exempted by Illinois

Supreme Court Rule. Attorneys and self-represented litigants may not file documents through any

alternative filing method, except in the event of emergency upon leave of Court or unless the Court

has granted a waiver of eflling. A list of approved Electronic Filing Service Providers and additional

associated information is located at www.efile.illinoiscourts.gov/service-providers.htm

Attorneys and self-represented litigants may electronically file documents in criminal cases. If not

filed electronically, all criminal filings must be forwarded to the Appellate Court Clerk's office

either by personal delivery or by the United States Postal Service or similar courier to:

Fomih District Appellate Court Clerk 201 West Monroe Street Springfield, Illinois 62704

Unless received after the due date, documents filed conventionally in criminal cases will be deemed

filed upon receipt by the Appellate Court Clerk (Illinois Supreme Court Rule 373). If received after

the due date, the time of mailing shall be deemed the time of filing. Proof of mailing shall be as

provided in Illinois Supreme Comi Rule 12.

All documents filed with the Appellate Court must comply with Illinois Supreme Court Rules and

must be signed by at least one attorney of record whose professional physical address, email

address, and Illinois Attorney Registration and Disciplinary Commission number must be listed.

Self-represented litigants shall sign their name and provide a physical address and email address.

2. Appearance and Withdrawal of Attorneys Attorneys shall file an appearance or other pleading before addressing the Appellate Court unless

presenting a motion for leave to appear by intervention or otherwise. Procedures for withdrawal

shall be consistent with Illinois Supreme Court Rule 13.

3. Address Changes All attorneys and self-represented litigants shall immediately notify the Appellate Court Clerk of

any change of physical or email address. The notice shall be served on all parties of record.

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4. Contents of the Record on Appeal The contents of the record on appeal are specified in Illinois Supreme Court Rules 321 and 608.

The standards for the electronic filing of the record on appeal are set forth in the Illinois Supreme Court's Standards' and Requirements for Electronic Filing the Record on Appeal Manual.

5. Review of Administrative Orders The procedure for direct review of Administrative Orders by the Appellate Court is prescribed in Supreme Court Rule 335.

6. Briefs All briefs filed with the Appellate Court must be signed by at least one attorney of record whose professional physical address, email address, and Attorney Registration and Disciplinary Commission number shall be listed. Self represented litigants shall sign their name and provide a physical address, email address, and telephone number. The length, number of copies, format of briefs, and time deadlines must comply with Illinois Supreme Court Rules 341 through 345.

7. Filing Fees and Reproduction of Materials As of January 1, 2015, in all cases docketed in the Appellate Court, all appellants shall pay a filing fee of $50. Appellees, upon entry of appearance or filing of any document, shall pay a $30 fee as required by section 705 of the Appellate Court Act (705 ILCS 105/28), Illinois Supreme Court Rule

313, and Supreme Court Administrative Order M.R. 3140.

The Appellate Court Clerk's office will not produce paper copies of certified records on appeal for any paiiy or non-party. Reproductions of other documents filed with the Appellate Court Clerk may be requested. If the request is granted reproductions will be provided at the cost of $0 .25 per page (Supreme Court Administrative Order M.R. 10958).

The Appellate Court's computer system and the information contained in that system, including but not limited to internal electronic court communications and internal administrative documents, will not be printed, provided to any party, his or her attorney, or the general public.

8. Motions Motion titles shall reflect the precise nature of the relief sought, such as "Motion for Extension of Time to File Appellant's Brief' rather than merely "Motion" or "Motion for Extension of Time."

Motions shall state the relief sought and the support for the motion. When the motion is based on facts that do not appear of record, the motion shall be supported by affidavit. If counsel has conferred with opposing counsel and opposing counsel has no objection to the motion, that fact shall be stated in the motion title, body, and affidavit to allow the Appellate Court to rule on the motion. The procedures for motions are specified in Illinois Supreme Court Rules 361 and 610.

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9. Emergency Motions Emergency motions shall be filed and proceed pursuant to Illinois Supreme Court Rule 361 (g). No

emergency motion may be filed in the Appellate Court unless an appeal has been docketed

following receipt of a filed notice of appeal or interlocutory petition under applicable Illinois

Supreme Court Rules.

The words "Emergency Motion" must appear in the title. If the emergency motion requires action

by this Court by a certain date or time, that information must be set forth in the first paragraph of

the motion. The motion shall specify the nature of the emergency and the grounds for the specific relief requested.

The party filing the emergency motion shall serve all other parties. The type of service made shall

be specifically indicated on the Proof of Service.

Emergency motions shall only be filed when a matter involves a genuine emergency. Motions for extension of time to file a record or brief are not considered emergencies.

Upon receipt of an Emergency Motion, the Appellate Court may

1 . Wait for the time provided by Supreme Court Rule fO l' a response;

2. Enter an order requesting a response by a specific date or time;

3. Enter an order resolving the motion; or

4. Take whatever action is deemed appropriate.

10. Disposition of Cases

Where no appellee brief is timely filed, a case will be considered ready for submission to the Appellate Court fourteen (14) days after the day the brief is due to be filed, unless a timely motion for extension of time to file the brief is filed. If a timely motion for extension of time is filed, but no brief is subsequently timely filed, the case will be considered ready for submission to the Appellate Court on the due date determined by the resolution of the motion(s) for extension.

All other cases will be considered ready for disposition upon the timely filing of the appellant reply

brief ( or cross-reply brief). Where no reply brief ( or cross-reply brief) is timely filed, a case will be considered ready for disposition on the day the reply brief ( or cross-reply brief) is due to be filed,

unless a timely motion for extension is filed.

If a timely motion for extension is filed but no reply brief ( or cross-reply brief) is subsequently

timely filed, the case will be considered ready for disposition as of the due date determined by the

resolution of the motion(s) for extension. See last page of this document for appeal time schedule. -3-

11. Mandatory Accelerated Disposition of Child Custody Appeals The expedited procedures in Illinois Supreme Court Rule 311 (a) shall apply as the rule directs. If the appeal is taken from a judgment or order affecting matters, issues, or decisions affecting the rights of persons other than the child, the comi may handle all pending issues using the expedited roles in Rule 311 (a).

12. Appeals advanced in Delinquent Minor Cases The expedited procedures in Illinois Supreme Comi Rule 660A shall apply to appeals from final judgments in delinquent minor proceedings arising under the Juvenile Court Act.

13. Accelerated Timetable for cases other than appeals filed under Rules 3ll(a) and 660A All accelerated cases must adhere to the following due date schedule:

1 . The record on appeal and the report of proceedings shall be filed no later than 3 5 days after the filing of the notice of appeal. Any request for extension of the time for filing shall be accompanied by an affidavit of the court clerk or court repo11er stating the reason for the delay and shall be served on the trial judge and the chief judge of the judicial circuit.

2. The appellant brief must be filed within 21 days of the filing of the record or certificate in the Appellate Court.

3. The appellee brief must be filed within 21 days thereafter.

4. Any reply brief must be filed within 7 days thereafter.

5. In the case of a cross-appeal, the cross-reply brief must be filed within 7 days thereafter.

Requests for continuance are disfavored and shall be granted only for compelling circumstances (Illinois Supreme Court Rule 3 l l(a)(7)).

When a 1notion requesting an extension of time is based on a delay in the preparation of the record, the motion shall detail the proceedings at the status hearing required by Illinois Supreme Court Rule 311 (a)(3), including the trial court's determination of the record and whether the trial judge has requested the chief judge's assistance in resolving any filing delays. A file-stamped copy of any order entered by the trial court at the status hearing and an affidavit of the clerk or court reporter stating the reason for the delay shall also be attached to the motion.

14. Disposition of Accelerated Cases Where no appellee brief is timely filed, an accelerated case will be considered ready for submission seven days after the appellant's brief is filed, unless a timely motion for extension of time to file the appellee brief is filed. If a timely motion for extension of time is filed but no appellee brief is

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subsequently timely filed, the case will be considered ready for disposition seven days after the due

date determined by the resolution of the motion or motions for extension of time.

All other accelerated cases will be considered ready for disposition upon the timely filing of the

appellant reply brief ( or cross-reply brief, if applicable). Where no reply brief ( or cross-reply brief) is timely filed, a case will be considered ready for disposition on the due date for the reply brief ( or

cross-reply brief) unless a timely motion for extension of time is filed.

If a timely motion for extension is filed but no reply brief ( or cross-reply brief) is subsequently

timely filed, the case will be considered ready for submission as of the due date determined by the resolution of the motion or motions for extension of time.

15. Oral Argument Cases in the Appellate Court shall be called for argument or submitted without argument in the sequence and manner provided by Supreme Court Rules 351 and 352.

Appellant(s) and appellee(s) shall receive a total of 20 minutes for oral argument. The appellant(s) will receive a total of 5 additional minutes to present rebuttal. Oral argument shall omit the recitation of the facts and the procedural history of the case except to the extent necessary to frame the issues presented on appeal. ·

In Workers' Compensation cases, the appellant(s) and appellee( s) shall receive a total of 15 minutes for oral argument with 5 additional minutes to present rebuttal for the appellant(s).

16. Rehearing A petition for rehearing may be filed within 21 days after the filing of the judgment per Supreme Court Rule 367.

1 7. Recording of Proceedings Audio recordings of all oral arguments 111 the Appellate Court are available at www.il1inoiscourts.gQY.

18. Workers' Compensation Commission Appeals A five judge panel of the Appellate Court will sit as the Workers' Compensation Commission division of each district of the Appellate Court and will hear and decide all appeals involving review of orders from the Workers' Compensation Commission per Supreme Com1 Rule 22(i).

19. Fourth District Appellate Courthouse The Fourth District Appellate Court Clerk's office is open for the transaction of com1 business from 8:30 a.m. to 4:30 p.m. each day except weekends and legal holidays as determined by the Supreme Court.

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Appendix A

Fourth District Appellate Court Electronic Filing Procedures and User Manual

Appendix B

Supreme Court of Illinois Standards and Requirements for Electronic Filing of the Record on Appeal

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TIME SCHEDULE FOR AN APPEAL

DAYO An appealable order is entered.

DAY 30 The notice of appeal must be filed in the Circuit Court within 30 days of the entry of an appealable order. The filing of the notice of appeal begins a new time schedule.

DAYS 0-7

DAY I to 14

DAY 14

DAY49

DAY63

DAY 0

35

DAYS

35 DAYS

14 DAYS The notice of appeal

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must be filed, with proof of service, in the Appellate Court.

Appellant orders transcripts and requests the circuit clerk to prepare the Record on Appeal.

Docketing statement must be filed in the Appellate Court.

Report of proceedings filed with Circuit Court Clerk (seven weeks after notice of appeal.)

Record on appeal must be filed in the Appellate Court (nine weeks after notice of appeal.) The filing of the record begins a new time schedule.

The record or certificate in lieu of record must be filed in the Appellate Court.

The appellant brief is due 35 days (five weeks) after the record is filed.

The appellee brief must be filed 35 days (five weeks) after the due date of the appellant brief.

The appellant reply brief must be filed 14 days (two weeks) after the due date of the appellee brief.

The case proceeds to the oral or nonoral calendar.

See the attached documents for specific information related to electronic filing.

Appendix A

Fourth District Appellate Court Electronic Filing Procedures and User Manual

ELECTRONIC FILING PROCEDURES AND USER MANUAL

FOR THE FOURTH DISTRICT APPELLATE COURT OF ILLINOIS

1. Electronic Filing Required in Civil Cases. Unless exempt under Supreme Court Rule 9(c), all documents in civil cases shall be filed electronically in accordance with the Supreme Court Order entered on January 22, 2016, in In re: Mandatory Electronic Filing in Civil Cases (M.R. 18368) as amended, Supreme Court Rules and as provided in this Electronic Filing Procedures and User Manual ("Manual''). Documents filed in people cases and documents filed on the Supreme Court's Miscellaneous Record Docket (MR Docket) may be filed electronically.

For additional information regarding eFilelL, click on the following link: http://efile.illinoiscourts.gov/index. htm

2. Definitions. The following terms shall be defined as follows: a. "Electronic Filing" (e-filing) means filing a digital document with the Court

directly from the registered user's computer or a Public Access Terminal using an approved EFSP.

b. "Electronic Filing Manager" (EFM) means a solution approved by the Court that enables documents to be filed, served, and distributed electronically while integrating with both the EFSPs and the Court's case management system.

c. "Electronic Filing Service Provider" (EFSP) means an approved vendor for electronic filing in the State of Illinois at http://efile.illinoiscourts.gov/service-providers. htm.

d. "Envelope Number" means a unique number assigned by the EFM to each e-filing transaction and may be used to track an e-filing transaction.

e. "PDF" means Portable Document Format, a proprietary file format developed by Adobe Systems, Inc.

f. "Public Access Terminal" means a publicly accessible computer and scanner provided by the Court for the purposes of facilitating electronic filing with the Court. Public access terminals are available during normal business hours in the Supreme Court Clerk's office in Springfield and its satellite office in Chicago.

g. "Registered User" means an individual who has registered a username and password with the EFM.

h. "Technical Failure" means a malfunction of the EFM, EFSP, or the Court's hardware, software, and or telecommunications facility which results in the inability of a registered user to submit a document for e-filing. It does not include the failure of a user's equipment.

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i. "Transaction Confirmation" means a confirmation that is transmitted to a registered user after the user has submitted a transaction through an EFSP to the Court. At a minimum, the transaction confirmation displays an envelope number and the date and time the transaction was submitted by the registered user through the EFSP. The transaction confirmation may serve as the filer's proof of submission.

3. Confidential Documents. a. Confidential, impounded, or sealed documents ("confidential") must be e

filed, and be so designated in eFilelL by selecting the "confidential" checkbox at the time of filing.

b. Motions for leave to file a confidential document may bee-filed and must be designated as such at the time of submission. The confidential document shall be submitted at the same time as the motion, but in a separate transaction than the transaction containing the motion.

4. Registration, Change of Contact Information, Usernames and Passwords. a. Registration to become a user through eFilelL is available on an approved

EFSP's website. For a list of approved EFSP vendors, visit http://efile.illinoiscourts.gov/service-providers.htm.

b. The registrant shall provide the EFSP the requested registration information, including a secure username and password. This username and password shall also function as a signature on each e-filed document, as provided in paragraph 6, and will authorize payment of all filing fees and service fees, if any, as provided in paragraph 10.

c. If an attorney is suspended or disbarred by the Court, his or her e-filing account access will be suspended.

d. The Court reserves the right to revoke a registered user's privileges with or without cause.

e. Once registered, it is the responsibility of the registered user to keep contact information, including email address, current with.the Court and the EFSP.

5. Format of e-filed document. a. Except as otherwise provided, an e-filed document shall comply with the

Court's eFilelL Electronic Document Standards (http://efile.illinoiscourts.gov/documents/eFilelL_Digital-MediaStandards.pdf) and with the requirements of current Supreme Court Rules, including but not limited to page and word limitations, page size, font type, margin width and font size. Supreme Court Rules shall govern if there is a conflict with a Rule and any standard or policy.

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http://efile.illinoiscourts.gov/documents/efileIL_digital-media-standards.pdf

b. The EFM limits a document's "file name" and "file description" to 150 characters. Any document with a name or description exceeding 150 characters will fail to e-file.

c. Documents in different cases submitted in a single transaction will be rejected.

d. Documents submitted for e-filing shall include a proof of service for the filing (placed at the end of the document) and any other item required by Supreme Court Rules, as a single file.

e. If a document requires leave of Court before filing, the registered user shall attach the proposed document as an exhibit to the motion for leave in a single transaction. The proposed document shall also be submitted fore-filing, but in a separate transaction than the transaction containing the motion requesting leave.

f. Appendix materials may be scanned if necessary, but scanning should be avoided when possible. An appendix shall be combined into one file with the document it is associated with for purposes of e-filing, unless the resulting computer file would exceed 150 megabytes. In such case, the registered user is responsible for dividing the document into appropriately sized parts, with each part having a separate cover page that labels each part of the appendix (e.g. Appendix, Part 1; Appendix, Part 2 etc.), and submitting the parts in separate transactions that do not exceed 150 megabytes.

g. An e-filed document must not contain a virus or malware. The e-filing of a document constitutes a certification by the registered user that the document has been checked for viruses and malware.

h. A document requiring a specific color cover page shall comply with Supreme Court Rule 341, whether electronic or paper. Upon acceptance and filing, the paper copies submitted to the Clerk's office pursuant to paragraph 8 of this manual shall also contain the appropriate color cover page and be the printed version of the e-filed document bearing the Clerk's electronic stamp.

i. The Court may reject an e-filed document for failure to comply with this manual, Supreme Court Rules or as otherwise directed by the Court.

6. Signatures one-filed documents. a. Except as otherwise provided, the registered user's confidential, secure

username and password constitute the registered user's signature on the document, in compliance with Supreme Court Rules and statutes regarding original signatures on Court documents. When a signature is provided in this manner, the registered user must also include either an "/st' and the registered user's name typed in the space where the registered user's signature would otherwise appear or an electronic image of the registered

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user's signature, which may take the form of a public key-based digital signature or a scanned image of the registered user's signature.

b. The registered user shall not allow his or her username or password to be used by anyone other than an agent who is authorized by the registered user.

c. If a document is notarized, sworn to or made under oath, the registered user must e-file the document as a scanned image containing an image of the necessary original signature(s). A document certified pursuant to Section 1-109 of the Code of Civil Procedure may contain an electronic signature as described in subparagraph a.

d. If a document requires the signature of an opposing party, the registered user must e-file the document as a scanned image containing the opposing party's signature.

7. Timing of e-filing; mechanics. a. The EFSP and the EFM are agents of the Court for the purpose of e-filing

and receipt of electronic documents. Upon submission of an e-filed document, the EFSP will email to the registered user a transaction confirmation which shall serve as proof of submission.

b. A document will be considered timely submitted if e-filed before midnight on or before the date on which the document is due.

c. A document submitted electronically after midnight or on a day when the Clerk's office is not open for business will, unless rejected, be file stamped as filed on the next day the Clerk's office is open for business.

d. An e-filed document submitted to the Clerk for filing shall be deemed filed upon review and acceptance by the Clerk. The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the Court, the Clerk, the date and the time of filing.

e. After the Clerk reviews an e-filed document, the registered user will receive an e-mail notification of the review results.

f. In the event the Clerk rejects a submitted document, the document will not be filed and the registered user will receive an electronic notification of the reason(s) for the rejection.

g. A document requiring a motion and a Court order allowing its filing will be deemed filed on the date the motion is granted.

h. If an e-filed document is untimely due to a technical failure or a system outage, the registered user may seek appropriate relief from the Court, upon good cause shown.

8. Paper Copies. a. The Fourth Appellate District does not require paper copies to be supplied

by the filer after electronic filing except in Workers Compensation cases.

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b. Briefs filed in the Workers Compensation Court must comply with Workers' Compensation Administrative Order entered September 21, 2017, which requires ten duplicate paper copies of all briefs bearing the court's electronic file stamp shall be received by the Clerk within five days of the electronic notification generated upon acceptance of an electronically filed brief in the Workers Compensation Division of the Appellate Court.

c. The paper copies in Workers Compensation cases must comply with applicable Supreme Court Rules, including the color cover requirement in Supreme Court Rule 341, if applicable, and shall be the printed version of the e-filed document bearing the Clerk's electronic file stamp.

9. Proof of Service. a. A document filed electronically shall be served on all parties and/or counsel

of record in accordance with Supreme Court Rules. b. If a document requires a Court order allowing its filing, no additional proof of

service is required if the original proof of service filed along with the motion for leave to file the document includes a reference to the unfiled document and is served on all parties and/or counsel of record.

10. Payment of Filing Fees. a. Registered users e-filing documents shall pay the applicable filing and

appearance fees electronically to the Court through the EFSP at the time of e-filing.

b. Registered users requesting waiver of fees shall file an application for waiver of fees pursuant to Supreme Court Rule 313 using the form at this link: http://illinoiscourts.gov/Forms/approved/supreme/SC_Fee_Waiver.asp. The application shall be a separate transaction from the transaction containing the document for filing.

Approved: June 7, 2017, eff. July 1, 2017; revised November 13, 2017; revised July 27, 2018; revised January 26, 2021.

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Appendix B

Supreme Court of Illinois Standards and Requirements for Electronic Filing of the

Record on Appeal

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Supreme Court of Illinois Standards and Requirements for Electronic Filing the Record on Appeal (Revised

- Effective January 1, 2021)

Pursuant to Supreme Court Order M.R. 18368, Mandatory E-Filing in Civil Cases, filed January 22, 2016, the Supreme Court authorizes these Standards and Requirements for Electronic Filing the Record on Appeal.

1. Definitions a. Bookmark - A type of link with representative text in the Bookmarks panel in the navigation

pane of Adobe applications. Each bookmark links to a different view or page in the document.

b. Electronic Filing Manager (EFM)- The Supreme Court's approved central e-filing service used by all Illinois courts to manage the flow of e-filed documents, including the Record on Appeal, from each registered user (via their Electronic Filing Service Provider (EFSP)) to the intended court.

c. Electronic Filing Service Provider (EFSP) - A web portal operated by an independent company that transmits filings through the EFM to the intended court.

d. Electronic Filing the Record on Appeal (e-.filing) - The electronic transmission of the Record on Appeal to the reviewing court clerk for the purpose of filing the Record on Appeal.

e. Electronic Signature (e-signature) - As defined in the Electronic Commerce Security Act (5 ILCS 17 5/5-105).

f. Expunged Record-A case, document, or count which is accessible only upon order of the court as provided in 20 ILCS 2630/5.2(d)(9)(A)(ii) and (d)(9)(B)(ii). Expunged records shall be excluded from the Record on Appeal.

g. Hyperlink - A link from a hypertext file or document to another location or file, typically activated by clicking on a highlighted word or image on the screen.

h. Impounded Record - The parties and counsel of record have access. No access to anyone else without leave of court.

1. Portable Document Format (PDF) - A computer file format developed by Adobe Systems for reproducing a document in a manner that is independent of the application software, hardware, and operating system originally used to create the document.

J. Record on Appeal - The record of the proceedings as defined by Supreme Comi Rule 321 Contents of the Record on Appeal, Supreme Court Rule 608 - The Record on Appeal, or Supreme Court Rule 335 - Direct Review of Administrative Orders by the Appellate Court.

k. Registered User - An individual who has registered a username and password with the Electronic Filing Manager.

1. Rejection - The reviewing court clerk may reject any electronic filing for any procedural or technical nonconformance and may identify the deficiency to be corrected.

m. Sealed Record - No access to anyone without leave of court.

n. Volume - Sequentially identifies the series number for sections of the Record on Appeal (Common Law Record, Report of Proceedings, and Exhibits).

2. Registration & Signatures a. As of July 1, 2017, to transmit a Record on Appeal from a circuit court or administrative agency

to a reviewing court, a filer must select and register with an electronic filing service provider (EFSP) to access eFileIL. Once you register with an EFSP, you do not need to reregister

should you choose to use another EFSP.

Supreme Court of Illinois Standards and Requirements for Electronic Filing the Record on Appeal

(Revised - Effective January 1, 2021)

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Additional information can be found at http:/ /efile.illinoiscourts.gov

b. Registered users shall keep the required registration information current (i.e. email address,

phone number, etc.).

c. Any document or record filed electronically by a registered user through an authorized provider

and containing a facsimile or typographical signature shall be deemed to have been signed pursuant to these Standards and to satisfy Supreme Court Rules and statutes regarding original

signatures on court documents and records.

3. Preparation of the Record on Appeal a. General Provisions

1. To the extent practicable, all documents shall be in Portable Document Format (PDF)

with a minimum resolution of 300 Dots per Inch (DPI) and maximum of 600 DPI,

scanned in black and white mode, with black text on white background, and text searchable. When possible, documents must be converted to PDF directly from the

program creating the document, rather than from a scanned image of a paper

document.

11. Each section of the Record on Appeal shall be assembled in volumes of no more than

150 MB. Every effort should be made to limit the number of volumes in each section

to support general usability and download practices.

111. Any external material hyperlinked in any document within the Record on Appeal is

not considered part of the document or the Record on Appeal.

1v. All documents must be free of viruses or other processes potentially harmful to the recipient and must be secure from alteration, destruction, or corruption. Documents

shall not contain any embedded files or code, videos, scripts, tracking tags, or any type

of executable file or code.

v. The Table of Contents for each section shall contain hyperlinks to the items within the section to facilitate navigation and location of specific documents within the record.

Each hyper link shall be connected to the title/description of the document or the name

of the individual section.

v1. Any Certification of Record or Table of Contents shall display the circuit court/administrative agency and reviewing court case numbers and the name of the

trial judge/administrative hearing officer in the case caption.

b. Common Law Record Section

1. A Certification of Record shall be included as Page 1 of the Common Law Record Section. It shall state that the Record on Appeal has been prepared and certified in the

form required for transmission to the reviewing comi. (See Appendix 1 Sample)

V,:rsion l. ;

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- Effective January 1, 2021) 11. A Table of Contents for the Common Law Record Section shall be included as Page

2.

111. The Table of Contents shall identify the filing date of each document and the title of each document, which shall match as closely as possible the title provided on the document itself ( e.g. "Motion to Compel Production of Tax and Financial

Information" rather than "Motion"). (See Appendix 2 Sample)

c. Report of Proceedings Section

1. A Table of Contents shall be included as Page 1 of the Report of Proceedings Section.

11. The Table of Contents shall identify the date of each proceeding and the type of each proceeding, which shall match as closely as possible the type provided on the report of proceedings itself under Supreme Court Rule 323(b ). (See Appendix 3 Sample)

c1. Exhibits Section

1. A Table of Contents shall be included as Page 1 of the Exhibits Section.

11. The Table of Contents shall identify the party offering the exhibit, the exhibit number assigned when the exhibit was offered, and a description of the exhibit. (See Appendix

4 Sample) iii. Any exhibit which can be scanned to PDF format in accordance with the provisions of this section shall be included in the Exhibits Section of the electronic Record on Appeal.

1v. Photographic exhibits, in general, shall be scanned and included in the Exhibits Section of the electronic Record on Appeal. If a photograph is in color, it shall be scanned in color, if possible. However, photographs larger than 8 ½ x 11 inches, which cannot be scanned successfully, shall not be included in the electronic record, but shall be listed in the Exhibits Section Table of Contents. For each such exhibit, a page shall be inserted into the Exhibits Section in sequential order, identifying the exhibit ( e.g. "Defendant's Exhibit #1 - 11 x 16 Color Poster- Retained by Circuit Clerk"). If the reviewing court requests the exhibit, it shall be sent or delivered in original form to the reviewing court clerk along with a receipt to be signed by the clerk and returned electronically, indicating the date the exhibit was received. (See Appendix 5 Sample)

v. Electronic media exhibits, including but not limited to video and audio recordings, all computer media, discs, flash drives, etc., shall be mailed or delivered in original form to the reviewing court. Such exhibits shall be listed in the Exhibits Section Table of Contents. For each such exhibit, a page shall be inserted into the Exhibits Section in sequential order, identifying the exhibit (e.g. "Defendant's Exhibit #1 - Flash Drive -sent by mail/delivered to the reviewing court"). The exhibits shall be mailed or delivered along with a receipt to be signed by the reviewing court clerk and returned electronically, indicating the date the exhibits were received. (See Appendix 5 Sample)

v1. Physical exhibits (i.e. clothing, weapons, or drugs; charts, maps, or other documents larger than 8½ x 11 inches; and any other items too large or bulky to include electronically) shall not be included in the electronic record, but shall be listed in the

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Exhibits Section Table of Contents. For each such exhibit, a page shall be inserted

into the Exhibits Section in sequential order, identifying the exhibit (e.g. "People's

Exhibit #12 - Knife - retained by Circuit Clerk"). If the reviewing court requests the

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exhibit, it shall be sent or delivered in original form to the reviewing court clerk along

with a receipt to be signed by the clerk and returned electronically, indicating the date

the exhibit was received. (See Appendix 5 Sample)

vii. Exhibits offered in the circuit court/administrative proceedings, but not admitted, shall

be listed and identified in the Exhibits Section Table of Contents (e.g. "People's

Exhibit #12 - Not Admitted - Photograph"). If an offered but not admitted exhibit is

in the clerk's possession, it shall be included in the Exhibits Section or, if the exhibit

cannot be scanned to PDF format in accordance with this section, a page shall be

inserted into the Exhibits Section in sequential order, identifying the exhibit. If the

offered but not admitted exhibit is not in the clerk's possession, a page shall be inserted

into the Exhibits Section in sequential order, identifying the exhibit.

e. Impounded Record Section

1. A Certification of Impounded Record shall be included as Page 1 of the Impounded

Record Section. It shall state that the Impounded Record has been prepared and ce11ified

in the form required for transmission to the reviewing court. (See Appendix

6 Sample) ii. A Table of Contents for the Impounded Record shall be included as

Page 2 and shall include hyperlinks to the three sections of the Impounded Record:

Impounded

Common Law Record, Impounded Report of Proceedings, and Impounded Exhibits.

(See Appendix 7 Sample) iii. A Table of Contents shall be included as Page 1 of each

section of the Impounded Record and shall list items in the same manner as provided above.

1v. No administrative agency, court, or clerk is responsible for the content of filed

documents or has any obligation to screen for or redact confidential information

contained in such filings.

f. Sealed Record Section

1. A Certification of Sealed Record shall be included as Page 1 of the Sealed Record

Section. It shall state that the Sealed Record has been prepared and certified in the form

required for transmission to the reviewing court. (See Appendix 8 Sample)

11. A Table of Contents for the Sealed Record shall be included as Page 2 and shall include

hyperlinks to the three sections of the Sealed Record: Sealed Common Law

Record, Sealed Report of Proceedings, and Sealed Exhibits. (See Appendix 9 Sample)

iii. A Table of Contents shall be included as Page 1 of each section of the Sealed Record

and shall list items in the same manner as provided above.

51


- Effective January 1, 2021) 1v. No administrative agency, court, or clerk is responsible for the content of filed

documents or has any obligation to screen for or redact confidential information contained in such filings.

6 I age



g. Supplement to the Record Section

1. Upon granting a motion to supplement the record, the reviewing court shall electronically notify the circuit clerk or administrative agency by copy of the order.

11. A Certification of Supplement to the Record shall be included as Page 1 of the

Supplement to the Record Section. It shall state that the Supplement to the Record has been prepared and certified in the form required for transmission to the reviewing court. (See Appendix 10 Sample)

111. A Table of Contents for the Supplement to the Record shall be included as Page 2 and shall include hyperlinks to the three sections of the Supplement to the Record: Supplement to the Common Law Record, Supplement to the Report of Proceedings, and Supplement to the Exhibits. (See Appendix 11 Sample)

1v. A Table of Contents shall be included as Page l of each section of the Supplement to the Record and shall list items in the same manner as provided above.

h. Supplement to the Impounded Record Section

1. Upon granting a motion to supplement the Impounded Record, the reviewing court shall

electronically notify the circuit clerk or administrative agency by copy of the order.

11. A Certification of Supplement to the Impounded Record shall be included as Page 1 of the Supplement to the Impounded Record Section. It shall state that the Supplement to the Impounded Record has been prepared and certified in the form required for transmission to the reviewing court. (See Appendix 12 Sample)

111. A Table of Contents for the Supplement to the Impounded Record shall be included as Page 2 and shall include hyperlinks to the three sections of the Supplement to the

Impounded Record: Supplement to the Impounded Common Law Record,

Supplement to the Impounded Report of Proceedings, and Supplement to the

Impounded Exhibits. (See Appendix 13 Sample) iv. A Table of Contents shall be

included as Page 1 of each section of the Supplement to the Impounded Record and shall list items in the same manner as provided above.

i. Supplement to the Sealed Record Section

i. Upon granting a motion to supplement the Sealed Record, the reviewing court shall electronically notify the circuit clerk or administrative agency by copy of the order. ii. A Certification of Supplement to the Sealed Record shall be included as Page 1 of the Supplement to the Sealed Record Section. It shall state that the Supplement to the Sealed Record has been prepared and certified in the form required for transmission to the reviewing court. (See Appendix 14 Sample)

iii. A Table of Contents for the Supplement to the Sealed Record shall be included as Page 2 and shall include hyperlinks to the three sections of the Supplement to the

Sealed Record: Supplement to the Sealed Common Law Record, Supplement to the

Sealed Report of Proceedings, and Supplement to the Sealed Exhibits. (See Appendix

V

L



15 Sample) iv. A Table of Contents shall be included as Page 1 of each section of the

Supplement to the Sealed Record and shall list items in the same manner as provided

above.

4. Assembly of the Record on Appeal a. General Provisions

1. Where possible, each PDF section shall include bookmarks, immediately viewable when the document is opened, to individual sections and documents in the same order as they appear in the corresponding Table of Contents to facilitate navigation and location of specific contents within the record.

11. Pagination shall appear at the bottom-right corner of each page of each section. 111. Each page of each section, including the certification page, shall be numbered with

the appropriate section identification-C (Common Law Record), R (Report of Proceedings), or E (Exhibits)-followed by the sequential page number. When a section exceeds the preparation limits set in Section 3 of these Standards, second and subsequent series shall display the volume (V) followed by the sequential volume number, immediately following the section identification and page number.

1v. Each section of the Record on Appeal shall start with Page 1 and continue sequentially to the last page of that section.

v. An indication of a supplement to the record (SUP) shall be displayed before the section identification, when appropriate. Second and subsequentsupplements to the record shall include sequential volume numbers (i.e. SUP2, SUP3, etc.).

v1. Page numbering samples are as follows:

Common Law Report of Record Type Record Proceeding Exhibits

Original Filing C 1 RI E 1

Original Filing - Multiple Volumes C 1 V2 R 1 V2 E 1 V2

Supplement to the Record Sup C 1 Sup R 123 Sup E 223

Additional Supplement to the Record Sup2 C 1 Sup2 R 123 Sup2 E 223

Impounded Record CII RI 123 EI 223

Sealed Record cs 1 RS 123 ES 223

Supplement to the Impounded Record Sup CI 1 Sup RI 123 Sup EI 223

Supplement to the Sealed Record Sup CS 1 Sup RS 123 Sup ES 223

Additional Supplement to the Impounded Sup2 CI 1 Sup2 RI 123 Sup2 EI 223

Record

71Pagc

81



Additional Supplement to the Sealed Record

b. Record on Appeal

Sup2 CS 1 Sup2 RS 123 Sup2 ES 223

1. The Common Law Record Section shall begin with the Certification Page, followed by the Common Law Record Table of Contents, the record sheet, and all remaining pages in sequential order by file-mark date, oldest to most recent.

11. The Report of Proceedings Table of Contents shall be the first page of this section, followed by each report of proceedings in sequential order by proceeding date, oldest to most recent.

111. The Exhibits Table of Contents shall be the first page of this section, followed by each exhibit in sequential order by date admitted or offered, oldest to most recent.

1v. When a section contains multiple volumes, the Table of Contents shall be included in its entirety at the beginning of each volume, containing links to only the documents contained in that volume.

v. Records in second and subsequent appeals shall be recompiled and renumbered as provided in these Standards.

c. Supplements to the Record, Impounded and Sealed Records, and Supplements to Impounded and Sealed Records

1. Supplements to the record, impounded and sealed records, and supplements to impounded and sealed records shall be assembled in separate PDF documents as follows: Supplement to the Record on Appeal, Impounded Record on Appeal, Sealed Record on Appeal, Supplement to the Impounded Record on Appeal, and Supplement to the Sealed Record on Appeal.

11. Each of these PDF documents shall be assembled and ordered as follows:

1. The Common Law Record shall be the first section and shall begin with the Certification Page, followed by the Table of Contents for the entire PDF document, the Table of Contents for the Common Law Record, and all remaining pages in sequential order by file-mark date, oldest to most recent.

2. The Report of Proceedings Table of Contents shall be included immediately following the Common Law Record Section, followed by each report of proceedings in sequential order by proceeding date, oldest to most recent.

3. The Exhibits Table of Contents shall be included immediately following the Report of Proceedings Section, followed by each exhibit in sequential order by date admitted or offered, oldest to most recent.

111. Each of these PDF documents shall otherwise comply with the provisions of section

3 of these Standards.



5. Transmission of the Record on Appeal

9 I age

a. Once the electronic Record on Appeal has been prepared and assembled per these Standards,

the circuit clerk or administrative agency shall transmit all sections of the electronic Record on Appeal to the reviewing court. Each section shall be labeled in accordance with these

Standards and transmitted as a separate lead document within the same transaction envelope,

if possible.

b. A verification shall be provided to the circuit court or administrative agency when the record

is delivered. The verification shall include the date and time of the record's delivery.

c. Filings that do not comply with the format specified by any applicable rule, statute, or standard

may be rejected by the reviewing court. If a filing is rejected, the reviewing court clerk shall

provide the reason( s) for rejection.

d. Once the Record on Appeal is accepted, the reviewing court clerk shall affix the electronic

file mark setting forth, at a minimum, the court, the clerk, and the date and time of filing. The

transmission date and time shall govern the electronic file mark, unless the transmission occurs on a day the clerk's office is not open for business, in which case the electronic file

mark shall indicate the next business day.

e. No administrative agency, court, or clerk shall be liable for malfunctions or errors occurring

in the transmission, receipt, or access of electronically filed documents.

f. If a Record on Appeal submitted electronically is rejected or not filed due to a malfunction, the reviewing court may, upon good cause shown, enter an order permitting the Record on

Appeal to be filed as of the date of submission.



Appendix 1 - Certification of Record Sample

APPEAL TO THE COURT OF ILLINOIS ------__ JUDICIAL DISTRICT (if applicable)

FROM THE CIRCUIT COURT OF THE ___ JUDICIAL CIRCUIT

____ COUNTY, ILLINOIS (or administrative agency)

Plaintiff/Petitioner Reviewing Court No.:

Circuit Court/Agency No.:

Trial Judge/Hearing Officer: _______ _

v.

Defendant/Respondent

CERTIFICATION OF RECORD

The record has been prepared and certified in the form required for transmission to the reviewing court. It consists of:

__ Volume(s) of the Common Law Record, containing __ pages

__ Volume(s) of the Report of Proceedings, containing __ pages

__ Volume(s) of the Exhibits, containing __ pages

I hereby certify this record pursuant to Supreme Court Rule 324, this __ day of_~----' 20 .

(Clerk of the Circuit Court or Administrative Agency)

Cl

10 I

l,



a. g e

Appendix 2 - Common Law Record Table of Contents Sample

APPEAL TO THE COURT OF ILLINOIS -----__ JUDICIAL DISTRICT (if applicable)


----COUNTY, ILLINOIS (or administrative agency)



Trial Judge/Hearing Officer: ______ _

v.


COMMON LAW RECORD - TABLE OF CONTENTS

Page __ of __

Date Filed

06/18/2014

06/18/2014

07/16/2014

Title/Description Record sheet

Information

Entry of Appearance

Amended Information

C 4-C 5 Page No.

C6

C7

C 8-C 11



Appendix 3 - Report of Proceedings Table of Contents Sample


FROM THE CIRCUIT COURT OF THE ___ JUDICIAL CIRCUIT ____ COUNTY, ILLINOIS (or administrative agency)



C2

Trial Judge/Hearing Officer: ______ _ V.


REPORT OF PROCEEDINGS - TABLE OF CONTENTS

Page __ of __

Date of

Proceeding Title/Description

06/18/2014 Motion to Compel Hearing

07/15/2014 Sentencing Hearing

121 P g e

Page No.

R 2-R 3

R4-R6



Rl

Appendix 4 - Exhibits Table of Contents Sample







EXHIBITS - TABLE OF CONTENTS Page __ of __

Party People Defendant

People

13jP ge

Exhibit#

1 1 2

Description/Possession Bank Statement Flash Drive - Sent via US Mail on (date)

Not Admitted - (description of exhibit)

Page No. E2-E 8 E9 ElO

[011

People



3 Knife - Retained by Circuit Clerk E 11

Appendix 5 - Receipt of Exhibit(s) Sample






El


V.


RECEIPT OF EXHIBIT(S)

I, , Clerk of the Court, ----------------- ----- District (if applicable), have received the following Exhibit(s) from ____________ , Clerk

of the Circuit Court, __ Judicial Circuit, or administrative agency, and will cause the same to be filed

in the ______ Court, __ District (if applicable), as provided by law.

Party

People

Exhibit#

3

Description

Knife

Date Exhibit(s) Received: ________ , 20 __

141 p



Signature of _____ Court Clerk: _______________ _

CERTIFICATE OF MAILING/DELIVERY

I, _______________ (sender), Clerk of the Circuit Court, ____ Judicial

Circuit, or administrative agency, hereby certify that I have mailed/delivered the aforesaid Exhibit(s) to (recipient) on _______ (date mailed/delivered) via

----------- (method of delivery).


Appendix 6 - Certification of Impounded Record Sample

APPEAL TO THE COURT OF ILLINOIS --------JUDICIAL DISTRICT (if applicable)






V.


CERTIFICATION OF IMPOUNDED RECORD

The impounded record has been prepared and ce1iified in the form required for transmission to the reviewing court. It consists of:

---Volume(s) of the Impounded Record on Appeal

__ pages of the Impounded Common Law Record Section

151 P g e

V 1,



__ pages of the Impounded Repmi of Proceedings Section

__ pages of the Impounded Exhibits Section

I hereby ce1iify this record pursuant to Supreme Court Rule 324, this __ day of ______ , 20 .


Cll

Appendix 7 -Impounded Record - Table of Contents Sample

APPEAL TO THE _____ COURT OF ILLINOIS

__ JUDICIAL DISTRICT (if applicable) FROM THE CIRCUIT COURT OF THE ___ JUDICIAL CIRCUIT





V.


IMPOUNDED RECORD - TABLE OF CONTENTS

Page __ of __

Section

IMPOUNDED COMMON LAW RECORD SECTION

IMPOUNDED REPORT OF PROCEEDINGS SECTION

161

Page

CI 2- CI 39

RI 40-Rl 97



IMPOUNDED EXHIBITS SECTION EI 98 -EI 99

Appendix 8 - Certification of Sealed Record Sample



----COUNTY, ILLINOIS (or administrative agency)



CI2



CERTIFICATION OF SEALED RECORD

The sealed record has been prepared and certified in the form required for transmission to the reviewing court. It consists of:

___ Volume(s) of the Sealed Record on Appeal

__ pages of the Sealed Common Law Record Section

171 p



__ pages of the Sealed Report of Proceedings Section

__ pages of the Sealed Exhibits Section

I hereby ce11ify this record pursuant to Supreme Court Rule 324, this day of ______ , 20_.


cs 1

Appendix 9 - Sealed Record - Table of Contents Sample




Circuit Com1/Agency No.:

Trial Judge/Hearing Officer: -------V.


SEALED RECORD-TABLE OF CONTENTS

Page __ of __

Section Page

SEALED COMMON LAW RECORD SECTION CS 2-CS 39

18 I p G " ;;._ t:.:> ¾,,



SEALED REPORT OF PROCEEDINGS SECTION RS 40-RS 97

SEALED EXHIBITS SECTION ES 98- ES 99

Appendix-IO - Certification of Supplement to the Record Sample



----COUNTY, ILLINOIS ( or administrative agency)



CS2


v.


CERTIFICATION OF SUPPLEMENT TO THE RECORD

The supplement to the record has been prepared and ce1iified in the form required for transmission to the reviewing comi. It consists of:

__ Volume(s) of the Supplement to the Common Law Record Section, containing __ pages

191 P g e L L



__ Volume(s) of the Supplement to the Report of Proceedings Section, containing_· _pages

__ Volume(s) of the Supplement to the Exhibits Section, containing __ pages

I hereby certify this record pursuant to Supreme Court Rule 324, this __ day of ______ , 20_.


SUP C 1

Appendix 11 - Supplement to the Record - Table of Contents Sample








SUPPLEMENT TO THE RECORD - TABLE OF CONTENTS

Page __ of __

Section Page

SUPPLEMENT TO THE COMMON LAW RECORD SECTION SUP C 2 - SUP C 3 9

20 IP e



SUPPLEMENT TO THE REPORT OF PROCEEDINGS SECTION SUP R40-SUP R 97

SUPPLEMENT TO THE EXHIBITS SECTION SUP E 98 - SUP E 99

SUPC2

Appendix 12 - Certification of Supplement to the Impounded Record Sample








CERTIFICATION OF SUPPLEMENT TO THE IMPOUNDED RECORD

The supplement to the impounded record has been prepared and certified in the form required for transmission to the reviewing court. It consists of:

211 V



__ Volume(s) of the Supplement to the Impounded Common Law Record Section, containing

__ pages

__ Volume(s) of the Supplement to the Impounded Report of Proceedings Section, containing

__ pages

__ Volume(s) of the Supplement to the Impounded Exhibits Section, containing

__ pages


(Clerk of the Circuit Court or Administrative Agency) SUP

Cll

Appendix 13 - Supplement to the Impounded Record - Table of Contents Sample






V.


SUPPLEMENT TO THE IMPOUNDED RECORD - TABLE OF CONTENTS

Page __ of __

221 Page



Section

SUPPLEMENT TO THE IMPOUNDED COMMON LAW RECORD

SUPPLEMENT TO THE IMPOUNDED REPORT OF PROCEEDINGS

SUPPLEMENT TO THE IMPOUNDED EXHIBITS

Page

SUP CI 2-

SUP CI 39

SUP RI 40-

SUP RI 97

SUP EI 98 -

SUP EI 99

Appendix 14 - Certification of Supplement to the Sealed Record Sample





SUP CI 2



CERTIFICATION OF SUPPLEMENT TO THE SEALED RECORD

The supplement to the sealed record has been prepared and certified in the form required for transmission to the reviewing court. It consists of:

23 I V



__ Volume(s) of the Supplement to the Sealed Common Law Record Section, containing

__ pages

__ Volume(s) of the Supplement to the Sealed Report of Proceedings Section, containing

__ pages

__ Volume(s) of the Supplement to the Sealed Exhibits Section, containing

__ pages



SUP CS 1

Appendix 15 - Supplement to the Sealed Record - Table of Contents Sample






Trial Judge/Hearing Ofiicer: --------V.


SUPPLEMENT TO THE SEALED RECORD - TABLE OF CONTENTS

Page __ of __

241 g e



Section

SUPPLEMENT TO THE SEALED COMMON LAW RECORD

SUPPLEMENT TO THE SEALED REPORT OF PROCEEDINGS

SUPPLEMENT TO THE SEALED EXHIBITS

251 P e

Page

SUP CI 2-

SUP CI 39

SUP RI 40-

SUP RI 97

SUP EI 98 -

SUP EI 99

SUP CS 2