CBA Record April-May 2019

Filing Standards and Principles, § 6 (eff. Sep. 16, 2014). It is possible that the staff will reject the filing for non-compliance. If so, the staff sends a rejection notice of the electronic “envelope” to the filer. The party may correct the error and re-file. When a motion has been successfully filed, the division clerk will either deter- mine whether the motion is an emergency to be brought to a justice’s attention imme- diately (Ill. App. Ct. R. (1st) 6), or to hold it for the weekly meeting that the division clerk has with the presiding justice. At the weekly meeting, the presiding justice will usually process between 50-100 motions, most of which are routine motions for extensions of time to file the record or a brief. Occasionally, the court might allow a motion before the expiration of the time for an opposing party to respond because

the motion appears to be routine or unob- jectionable. If an objection is filed after the motion has already been approved, the deputy clerk will immediately bring the objection to the motion justice’s attention. The court might simply file the response, or issue a supplemental order indicating that the motion remains granted, notwith- standing the objection. Of course, if the objection has merit, the court can always vacate the original order that granted the motion. Replies in support of motions are not allowed except by court order. Ill. S. Ct. R. 361(b)(3) (eff. July 1, 2017). Every motion must include, on a sepa- rate sheet, a proposed order written in the alternative, for example, “The motion for extension of time is ALLOWED/ DENIED, and the appellant’s brief is due August 1, 2019.” The proposed order

should use calendar dates for deadlines rather than a span of time (such as “21 days”). The motion justice will cross out the inapplicable word and sign the order. Ill. S. Ct. R. 361(b)(2) (eff. July 1, 2017), Ill. App. Ct. R. 4(A). It is best to include three signature lines on the order, even though only one justice might actually sign it. Unless the order is extraordinarily complicated, the order and signature lines should all be on a single page. The text may be single-spaced if necessary to fit. The court requires that the signature lines be on the same page as some text of the order. Ill. S. Ct. R. 361(b)(2) (eff. July 1, 2017), Ill. App. Ct. R. 4(A). Court orders are mailed to the parties of record. Rule 328 requires that motions seeking relief in the appellate court before the circuit court record is filed include a supporting

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