Supreme Court Amends Rules on Serving Documents and Confidential Records

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today amendments to Rule 11 and Rule 371 which alter the manner of serving certain legal documents and how a rule on confidential records is applied.

The amendment to Rule 371 is effective immediately. The amendment to Rule 11 is effective July 1, 2021.

The Illinois Supreme Court Rules can be found here: http://www.illinoiscourts.gov/SupremeCourt/Rules/default.asp

Rule 11 is the “Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts.” The amendment to Rule 11 now allows email to be used as a primary option for serving the eligible documents and removes a previous reference which directed service via the Electronic Filing Manager.

Rule 371 directs procedures for “Confidential Records When On Review” which states sealed or otherwise confidential circuit court records closed when filed in the reviewing courts maintain the same confidentiality as applied in the circuit courts. It also provides the parties of record will “have the same level of access, if any.” The amendment to Rule 371 clarifies the confidentiality requirements to the court record “does not apply to an opinion or Rule 23 order disposing of an appeal, or to a supervisory order affecting the validity of an opinion or Rule 23 order.”

These amendments were proposed by the Supreme Court’s e-Business Policy Advisory Board (Board). The Hon. David A. Hylla, a former judge on the Third Circuit of Illinois from 2006 to 2019, serves as the Board Chair.