The Illinois Supreme Court announced an amendment to Supreme Court Rule 9 aimed at addressing the impact of rejected filings on the filer.
The new rule requires that the trial court allow a back-dated filing as long as the new filing corrects the old one and the application is made within five court days. The amendment is effective immediately.
A previous version of Rule 9(d) laid out two ways to overcome a rejected filing, both requiring that “good cause” be shown. The Court said this requirement proved difficult to apply and resulted in rejected filings and filings being rendered untimely.
“Only about 5% of filings are rejected. But when the rejected filing is time sensitive, substantive rights can be affected,” said Fourth District Appellate Justice Eugene G. Doherty, Chair of the Supreme Court E-Business Policy Advisory Board, said in the press release. “The rule amendment gives filers a clear process to avoid that outcome.”
The amendment was proposed by the Supreme Court’s E-Business Policy Advisory Board. Mark Palmer, Chief Counsel of the Commission on Professionalism, is a member of the Board.
Link to amended Illinois Supreme Court Rule 9.
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