CBA Record April-May 2019

file the supplemental record instanter , so long as the supplemental record is in the electronic queue. Briefs Appellate court briefs in civil cases are now filed electronically. However, the required form and content of the briefs has not changed from the prior rules. Ill. S. Ct. R. 341 (eff. May 25, 2018). In particular, the cover of the brief must be in the appropri- ate color (white for appellant, blue for appellee, and so on) even if the brief is filed electronically. Ill. S. Ct. R. 341(d) (eff. July 1, 2017). The most common PDF software, Adobe Acrobat, allows users to change the background on a single page from white (the default setting) to any desired color. On March 1, 2018, the Appellate Court for the First District enacted a new rule which requires that within five (calendar) days after a party files a brief electronically and receives the electronically file-stamped copy back from the clerk, the party must file six duplicate paper copies of the brief bear- ing the appropriate color cover and showing the clerk’s electronic filing stamp. Ill. App. Ct., First Dist., R. 39 (Mar. 1, 2018). First District Appellate Justice Mathias W. Delort was elected to the Appellate Court in 2012 and is the Presiding Judge of the Sixth Division. He is the past chair of the CBA’s Constitutional, Election and Local Government Law Committees and is a former member of the Board of Managers.

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it may be necessary to obtain an order from the circuit court directing the clerk to pre- pare and certify the supplemental record. What a party cannot do is prepare an “in-house” supplemental record and pres- ent it as an appendix to his appellate brief. The appellate court may only consider pleadings and records that have been duly certified by the clerk of the circuit court, and prepared and transmitted in the manner required by the Supreme Court Rules. Parkway Bank &Trust Co. v. Korzen, 2013 IL App (1st) 130380, ¶ 56, n.6. Sometimes, disputes arise as to what exhibits were actually presented and admit- ted into evidence, or what documents were actually filed in the circuit court. The appellate court is not the best place to resolve those disputes, as it does not know what actually occurred in a different court. The circuit court has continuing jurisdiction over all matters pertaining to the record, regardless of whether a valid appeal has been perfected. City of Chicago v. Scandia Books, Inc., 102 Ill. App. 3d 292, 298 (1981) (“Further, while an appeal is pending, the trial court may amend the record to correct matters of inadvertence or mistake * * *.”); see also Ill. S. Ct. R. 329 (eff. July 1, 2017) (“Any controversy as to whether the record accurately discloses what occurred in the trial court shall be submitted to and settled by that court and the record made to conform to the truth.”). Parties should file an appropriate motion in the circuit court, asking for an order resolving the dispute and direct- ing the clerk to prepare a supplemental record. When the supplemental record is ready, the party can file a motion in the appellate court requesting leave to

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