Uniform standards announced for rejecting efilings in reviewing and circuit courts.

Mandated uniform standards for rejecting electronically submitted filings (efilings) in Illinois courts will take effect September 1, according to the Illinois Supreme Court, which announced the new standards in mid-June.

Previously, efilings could be rejected for inconsistent reasons from jurisdiction to jurisdiction, according to information provided by the Illinois Courts. “Each local jurisdiction developed procedures applicable to their court. These … were then incorporated into eFileIL for each individual court,” according to information provided by Illinois Courts officials.

The new standards are another step toward more consistent practices and procedures across jurisdictions in Illinois, an ongoing challenge in a state that gives circuit courts freedom develop local rules. And some flexibility has been included in the new standards, including an “other” category for rejections and a standard based on local rules. Illinois Courts officials say such flexibility is needed for unanticipated situations. Clerks will be extensively trained on the standards, including to rely on categories like “other” on a “very limited” basis.

Initial skepticism

Some attorneys have met the new rejection standards with skepticism. Speaking as a private practitioner, McHenry attorney Michelle J. Rozovics says the new standards lack consistency.

“There are many attorneys, such as myself, who practice in more than one county. I am concerned that these rejection standards provide no uniformity, and leave the status quo in place, while adding more confusion to the issues,” says Rozovics, who also is vice-chair of the ISBA’s Civil Practice and Procedure Section Council. 

“If the goal is to enact uniform rules for the entire state, then the rejection standards should not include ‘The document does not meet the requirements of Local Rule X.”

Rozovics, for example, says one Illinois jurisdiction will require an attorney to attach exhibits to the main body of a motion and another may require exhibits to be appended as a separate document. Failure to follow local instructions regarding exhibit inclusion is a main reason for motions to be rejected, Rozovics says, adding that it can be a major source of frustration when the rejection comes days after the initial filing.

The standards were initially proposed by the Illinois Supreme Court’s e-Business Policy Advisory Board, according to a press release announcing the new standards in an amendment to Illinois Supreme Court Rule (ISCR) 9. “Reviewing and Circuit Court Clerks were provided a draft list of the standards by the policy board, which requested feedback prior to the recommendation being submitted to the Supreme Court,” the press statement states. Fourth District Appellate Justice Eugene G. Doherty serves as chair of the policy board and Supreme Court Clerk Cynthia Grant serves as vice-chair.

Refinement expected

Little documentation is provided specifying whether all rejection standards are considered equal. Submissions to the wrong court, incorrect case numbers and captions, and nonpayment of fees are substantial problems that go to the essential character of a filing, Rozovics says.

“But what about an error relating to a document that is complete when filed, but just does not have the electronic coding in conformity with the Odyssey preferences? Multiple documents submitted as one PDF, a single document submitted as multiple PDFs, a document submitted as an attachment when it should be a lead document, failure to follow local rules—none of these impact the integrity of the document filed, so why must filings then be rejected in their entirety, and force the filer to ‘seek appropriate relief from the court, upon good cause shown,’” Rozovics asks. “How is that a good use of the party’s or the court’s time and resources?” 

Illinois Courts officials say clerks can reject a single document in an envelope. But if a whole petition is being rejected, associated documents will not be able to be accepted. In addition to extensive training clerks will receive, statistics will be gathered, and the policy board will conduct a review that may result in refinements, according to Illinois court officials. Also, discussions have been taking place concerning the need for a grace period for making corrections.

(While the new rejection standards will apply to efilings in all courts (including separate rejection standards for reviewing courts), ISCR 9(a) only mandates efiling for civil cases.)

“The standards are applicable to all filings received via electronic filing. The language in Rule 9(a) includes the mandate that electronic filing is required in civil cases; however, there is no limitation or exclusion for electronic filing in other cases, there is just no mandate,” states a response to questions the IBJ submitted to the Illinois Courts.

Access efiling rejection standards for Illinois circuit courts and rejection standards for Illinois courts of review are available on the court's website.

Pete Sherman is managing editor of the Illinois Bar Journal.
psherman@isba.org