Illinois Supreme Court Rule 9(c)(4) was amended to allow a good cause exemption to e-filing for self-represented litigants (SRL). The rule change is effective immediately for proceedings in the supreme court and appellate courts. For proceedings in the circuit courts, the amended rule is effective on Jan. 1, 2018.

The amended rule defines the good cause exemption, which must be shown by certification and filed with the court before or with an initial pleading, that exempts SRLs from the e-filing requirement. It also specifies the procedures that must be followed to properly obtain the exemption.

The rule change comes less than three weeks before electronic filing in civil cases will be mandatory across Illinois, and reflects the Illinois Supreme Court's commitment to ensuring access to justice for everyone, including vulnerable SRLs.

Under the amended rule, good cause exists where a self-represented litigant is not able to e-file documents for the following reasons:

• No computer or Internet access in the home and travel represents a hardship 
• A disability, as defined by the Americans with Disabilities Act of 1990, that prevents e-filing
• A language barrier or low literacy (difficulty reading, writing, or speaking in English)
• If the pleading is of a sensitive nature, such as a petition for an order of protection or civil no contact/stalking order

Judges retain discretion to determine whether good cause is shown, or if, under particular circumstances, good cause exists without the filing of a certificate.

It may come as a surprise to more than a few lawyers, but as of July 1, 2017, faxing documents is no longer a proper method for serving them. What's more, attorneys must include an email address at which they can be served with documents on their appearances and pleadings.

Why? Because the Illinois Supreme Court revised Illinois Supreme Court Rule 11 to mandate email service of documents filed with the court. It also eliminates facsimile service entirely. The changes were announced June 22.

The effective date of the rule amendments coincides with the day the supreme and appellate court were required to switch to the new e-filing system (circuit courts make the switch on January 1). The supreme court has made its intention clear - modernizing Illinois' court system is a priority.

According to new Rule 11(c), documents must be served via email unless certain exceptions apply. Documents may be attached to the email, or the serving party can include a link in the body of the email that will allow the recipient to download documents from a reliable service provider. If an email is rejected or otherwise returned as undelivered, the emailing party is responsible for ensuring that the document is actually delivered.

The Illinois Supreme Court will host a memorial service in honor of the late Justice John J. Stamos at 2 p.m. tomorrow, Wednesday, September 20, at the Illinois Supreme Court at 20 E. Capitol Avenue in Springfield.

The opening and closing remarks will be delivered by Chief Justice Lloyd A. Karmeier. Tributes will be given by Supreme Court Justice Mary Jane Theis; the Honorable Benjamin K. Miller, a former Supreme Court Justice; the Honorable Gino L. DiVito, a former Appellate Justice; Mr. James J. Stamos, Esquire, of Stamos & Trucco LLP, the son of Justice Stamos; and ISBA president, the Honorable Russell W. Hartigan, a former Cook County Circuit Judge.

Justice Rita B. Garman and the Illinois Supreme Court have announced that Justice Thomas M. Harris has been assigned as an appellate court judge in the Fourth District. The assignment, which will fill the vacancy created following Just M. Carol Pope's retirement, takes effect on August 1, 2017, and will conclude on December 3, 2018, when the vacancy will be filled by the winner of the November 2018 general election.

Justice Harris was first appointed as a judge in 2007 and was elected as resident circuit judge of Logan County in 2008. He has served for the Fourth District Appellate Court since January 3, 2013. Prior to his appointment to the bench, Harris had served as a civil trial lawyer since 1988.

Justice Harris currently serves on the Supreme Court Commission on Access to Justice and previously served on the Special Supreme Court Committee to Study Courtroom and Judicial Security. He is a member of the Illinois Judges Association, Illinois State Bar Association, Logan County Bar Association, and the Lincoln-Douglas Inn of Court. He has previously served as chair of the Allerton Conference, Civil Practice and Procedure Section, and Tort Law Section of the Illinois State Bar Association.

Justice Harris is a past member of the board of directors of the Illinois Bar Foundation and previously served on the editorial board of the Illinois Bar Journal and as the publication's editor-in-chief. He is a frequent speaker at professional seminars and guest lectures at the University of Illinois College of Law.