RECENT SIGNIFICANT CHANGES TO THE ILLINOIS SUPREME COURT RULES

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1 RECENT SIGNIFICANT CHANGES TO THE ILLINOIS SUPREME COURT RULES MICHELE M. JOCHNER SCHILLER DUCANTO & FLECK LLP 200 N. LA SALLE ST. 30 TH FLOOR CHICAGO, IL (312) ISBA General Practice Update Friday, March 8, 2013 Quincy, IL 1

2 MORTGAGE FORECLOSURE PACKAGE New Rules 99.1, 113 and 114 On February 22, 2013, the Illinois Supreme Court enacted three new rules intended to mitigate abuses and uncertainty in mortgage foreclosure proceedings, helping those who face the loss of their homes by imposing several new requirements. Originally enacted with an effective date of March 1, the court delayed that date until May 1, 2013, so that the Special Supreme Court Committee on Mortgage Foreclosure which drafted the rules may determine how the rules will be applied to cases currently pending, or if they will apply only to new cases. The three new rules reflect the Court's concern over well-publicized deceptive practices in the mortgage foreclosure area at the national and local levels, and the significant impact these foreclosures have had on Illinois citizens and communities. The new rules are a direct outgrowth of public hearings and nearly two years of work by the Special Committee, whose formation was recommended by Justice Mary Jane Theis, and which was chaired by Cook County Circuit Court Judge Lewis Nixon, who presides over that court s Mortgage Foreclosure Division. The membership of the 14-person committee consisted of a cross-section of those who have been on the front lines in dealing with the housing and foreclosure crises. Upon the enactment of these new laws, Chief Justice Thomas L. Kilbride stated that "[t]hese new rules will promote fairness in home foreclosure proceedings, curb abuses in the system, provide lenders finality when foreclosure is necessary and ensure homeowners who have been thrown out of work during the years of a troubled economy are aware of their rights and where to turn for help." The new rules establish a uniform protocol across the state which requires lenders to provide homeowners with needed information to ensure that they understand the process and consequences of foreclosure; require lenders to seek modification of loans for eligible homeowners before they complete foreclosure; require improved legal notice to homeowners throughout the process and before the actual sale of a foreclosed home; and require Circuit Courts in Illinois which have a mediation program to provide resources for HUD-certified consultation, free legal help and language interpretive services to those eligible and in need of them. The changes in Illinois foreclosure practice are embodied in new Supreme Court Rule 99.1, dealing with requirements for mortgage foreclosure mediation programs in the Circuit Courts and counties; new Supreme Court Rule 113, which sets out required practice, procedure and notice obligations by the lender as plaintiff; and new Supreme Court Rule 114, which requires a lender to attest that it has complied with the requirements of any loss mitigation program which applies to the specific home loan. Without the affidavit, a judge many deny entry of a foreclosure judgment. 2

3 NEW Rule Mortgage Foreclosure Mediation Programs. Adopted Feb. 22, 2013, Effective May 1, This new rule provides that mortgage foreclosure mediation programs implemented by any judicial circuit must adhere to the requirements set forth in this rule, as well as those in already-existing Rule 99. To that end, the new rule instructs that each judicial circuit that currently has approved local rules for a mediation program already in place in accordance with Rule 99 may apply that program to mortgage foreclosure cases. However, any local rules which are amended or created to accommodate mortgage foreclosure cases consistent with this rule must be submitted to the Administrative Office of the Illinois Courts for review and approval prior to implementation. Paragraph (d) of new Rule 99.1 provides that, in adopting local rules in establishing a new mortgage foreclosure mediation program, the judicial circuit shall establish a plan which addresses the following issues: the requirements set forth in Rule 99; resources to provide meaningful access to HUD-certified housing counseling services for eligible homeowners; resources to provide meaningful access to pro bono legal representation for eligible homeowners; resources to provide meaningful language access for program participants; any costs charged to any participant in the mortgage foreclosure case; a sustainability plan that includes a long-term funding plan; and training of judges, key court personnel and volunteers on mortgage foreclosure mediation. The Committee Comments to this new rule reveal that as a result of the drastic increase in mortgage foreclosure cases, the various judicial circuits adapted their court procedures to most effectively administer the foreclosure proceedings. However, these programs varied widely in scope, capacity, and structure. Although the Committee concluded that there was no one model that would work well for each judicial circuit, certain elements must be present to provide equal accessibility and assistance throughout the state. The intention of this rule is to incorporate more consistent elements in programs throughout the state while also allowing flexibility for changing conditions with mortgage foreclosure filings in the future. 3

4 NEW Rule 113. Practice and Procedure in Mortgage Foreclosure Cases Adopted February 22, 2013, Effective May 1, 2013 Paragraph (a) of this new rule provides that its requirements supplement, but do not replace, the requirements set forth in the Illinois Mortgage Foreclosure Law (735 ILCS 5/ et seq.). Paragraph (b) states that in addition to the documents listed in section of the Mortgage Foreclosure Law (735 ILCS 5/ ), a copy of the note, as it currently exists, including all indorsements and allonges, shall be attached to the mortgage foreclosure complaint at the time of filing. According to the Committee Comments, paragraph (b) addresses evidentiary issues that often arise during the course of a mortgage foreclosure. The new requirement to attach a copy of the note, as it currently exists with all indorsements and allonges, supplements the Mortgage Foreclosure Law to provide this necessary document to the defendant and the court at the outset of the proceedings. The Committee believed that including this additional document will prevent unnecessary delays caused by motion practice and discovery often used by defendants. The Committee further stated that in drafting paragraph (b), it took into account the positions of both the judiciary and comments provided at the public hearing regarding attaching a copy of all assignments to the complaint. The Committee members recognized that with the increase in transfers of mortgages and notes, Illinois courts have seen a dramatic increase in assertions by mortgagors that the mortgagee lacks standing to bring the foreclosure complaint. Quite often, mortgagors who ignore the judicial process until after a foreclosure or sale has occurred have raised standing issues as a defense, but have been told that their claim was forfeited by the failure to raise it in a timely manner. The Committee considered that as a matter of judicial economy, requiring that all executed assignments of the mortgage be attached at the time of filing could provide current documentation at the outset to all defendants and the circuit court demonstrating how the plaintiff has standing to file the complaint. However, due to industry changes in the documentation requirements for mortgage assignments over the past two decades, a requirement to attach all copies of assignments to the complaint at the time of filing proved to be impractical and overly burdensome for practitioners given the current volume of foreclosures statewide. This rule does not prohibit the attachment of such assignments should a plaintiff choose to do so. This rule also does not preclude the requirement of submission of all assignments at a later date in the litigation should the appropriate issues present themselves and presentation of the documents to the court and litigants becomes necessary. Paragraph (c) sets forth requirements for Prove-up Affidavits. It requires that all plaintiffs seeking a judgment of foreclosure, under section of the Illinois Mortgage Foreclosure Law (735 ILCS 5/ ), by default or otherwise, submit an affidavit in support of the amounts due and owing under the note when they file any motion requesting a judgment of default against a mortgagor or a judgment of foreclosure. 4

5 This paragraph then sets forth a list of items which must be included in all affidavits submitted in support of entry of a judgment of foreclosure. At a minimum, all affidavits shall include: The identity of the affiant and an explanation as to whether the affiant is a custodian of records or a person familiar with the business and its mode of operation. If the affiant is the latter, the affidavit shall explain how he or she is familiar with the business and its mode of operation. An identification of the books, records, and/or other documents in addition to the payment history that the affiant reviewed and/or relied upon in drafting the affidavit, specifically including records transferred from any previous lender or servicer. o The payment history must be attached to the affidavit in only those cases where the defendant(s) filed an appearance or responsive pleading to the complaint for foreclosure. The identification of any computer program or computer software that the entity relies on to record and track mortgage payments. Identification of the computer program or computer software shall also include: o the source of the information, o the method and time of preparation of the record to establish that the computer program produces an accurate payment history, and o an explanation as to why the records should be considered business records within the meaning of the law. Any additional evidence, as may be necessary, in connection with the party s right to enforce the instrument of indebtedness. The new rule also establishes specific requirements for the form of the prove-up affidavits. It provides that the affidavit prepared in support of entry of a judgment of foreclosure, by default or otherwise, shall not have a stand-alone signature page if formatting allows the signature to begin on the last page of the affiant s statements. In addition, the rule includes a sample affidavit, and mandates that all affidavits shall, at a minimum, be in substantially the following form. The sample affidavit is attached hereto as Form 1. The rule further provides that if executed within the boundaries of Illinois, the affidavit may be signed pursuant to section of the Illinois Code of Civil Procedure (735 ILCS 5/1-109) rather than being notarized. With respect to the provisions contained within paragraph (c), the Committee Comments state that they address some of the many issues that arise from document handling procedures by lenders and servicers. Illinois courts, along with courts nationwide, have faced issues relating to robo-signing practices at major lenders, where affidavits were not properly notarized or where the affiant did not actually review any of the pertinent loan records. In addition to questionable document handling procedures, circuit courts have dealt with prove-up affidavits that come in varied forms, many of which do not properly address the foundational requirements necessary 5

6 for establishing the accuracy of computerized business records nor the correct amount due and owing under the mortgage and note. This paragraph identifies the minimum requirements necessary for a prove-up affidavit submitted by the mortgagee for entry of a judgment of foreclosure and Form 1 gives a form affidavit that should be used. The Committee Comments further clarify that no judgment of foreclosure will be entered without compliance with Paragraph (c). However, Form 1 establishes only the amounts due and owing on the borrower s loan. Paragraph (c) and Form 1 do not relieve the foreclosing party from establishing other evidentiary requirements, as necessary, in connection with proving the allegations contained in its complaint including, but not limited to, the party s right to enforce the instrument of indebtedness, if applicable. Paragraph (d) of the new rule contains specific requirements in connection with mortgage foreclosures sought by default. This provision requires that in all mortgage foreclosure cases where the borrower is defaulted by court order, a notice of default and entry of judgment of foreclosure shall be prepared by the attorney for plaintiff and shall be mailed by the Clerk of the Circuit Court for each judicial circuit. The attorney for the plaintiff shall prepare the notice in its entirety and deliver to the Clerk of the Circuit Court one copy for filing and one copy for mailing within two business days after the entry of default. The Clerk of the Circuit Court shall mail within five business days after the entry of default, by United States Postal Service, a copy of the notice of default and entry of judgment of foreclosure to the address(es) provided by the attorney for the plaintiff in an envelope bearing the return address of the Clerk of the Circuit Court and file proof thereof. The notice shall be mailed to the property address or the address on any appearance or other document filed by any defendant. Any notices returned by the United States Postal Service as undeliverable shall be filed in the case file maintained by the Clerk of the Circuit Court. In addition, the rule includes a sample notice, and mandates that all notices shall, at a minimum, be in substantially the following form. The sample notice is attached hereto as Form 2. The Committee Comments provide that paragraph (d) addresses the goal of the Illinois courts to have adequate assurance that the mortgagor is sufficiently notified when an order of default and a judgment of foreclosure are entered against the mortgagor. Many mortgagors ignore court notices, believing that they are in error because their lender is negotiating with them for a loan modification. Other mortgagors have been told by servicers that their foreclosure case is on hold, but the servicer has not told the plaintiff s attorneys to place the file on hold. Currently, many circuit court clerks send a generic postcard that notifies any defendant, who has an appearance on file, of entry of a default order. Thus, if the mortgagor has not filed an appearance, the mortgagor may not receive notice of the default order from the clerk. The post 6

7 card may not contain any helpful information that the defendant can understand. Likewise, notice of the default order is not mailed to the property address as a matter of course. While section of the Illinois Code of Civil Procedure (735 ILCS 5/2-1302) requires that a plaintiff give notice of entry of a default order to be sent to all parties against whom the order applies, failure to give such notice does not affect the validity of the order. As a result, a mortgagor may not receive notice of entry of the default order from either the Clerk of the Circuit Court or the mortgagee s counsel. The Committee Comments state that paragraph (d) addresses this problem by requiring the mortgagee s counsel to prepare a specific Notice of Entry of Default and Judgment of Foreclosure (Form 2). Counsel for the plaintiff must prepare this notice for the property address or any other address where the defendant is most likely to receive it. A defendant may have filed an appearance or another court paper that would indicate an address that may be different from the address of service of summons and different from the property address. By preparing this notice, and having the Clerk of the Circuit Court mail the notices, any undeliverable mail will remain in the court file and defaulted mortgagors will receive a clearer notice of the order and the judgment of foreclosure than they do currently. However, paragraph (e) of the new rule provides that neither the failure to send the notice required by paragraph (d) nor any errors in preparing or sending the notice shall affect the legal validity of the order of default, the judgment of foreclosure, or any other orders entered pursuant to the Mortgage Foreclosure Law and cannot be the basis for vacating an otherwise validly entered order. Paragraph (f) of the new rule governs judicial sales and sets forth requirements in addition to those contained in sections and of the Mortgage Foreclosure Law (735 ILCS 5/ , ). Paragraph (f) provides that the following will apply to mortgage foreclosure sales: Notice of Sale. Not fewer than 10 business days before the sale, the attorney for the plaintiff shall send notice by mail to all defendants, including defendants in default, of the foreclosure sale date, time, and location of the sale. Selling Officers. Any foreclosure sale held pursuant to section may be conducted by a private selling officer who is appointed in accordance with section (f)(3). Surplus Funds. If a judicial foreclosure sale held pursuant to Section of the Mortgage Foreclosure Law (735 ILCS 5/ ) results in the existence of a surplus of funds exceeding the amount due and owing as set forth in the judgment of foreclosure, the attorney for the plaintiff shall send a special notice to the mortgagors advising them of the surplus funds and enclosing a form for presentment of the motion to the court for the funds. The Committee Comments provide that paragraph (f) addresses issues relating to judicial sales that have become substantial problems throughout the state. Currently, the Mortgage Foreclosure Law does not specify that a separate notice of the sale be sent to defaulted defendants, and assumes that the publication requirements are adequate for those that have not 7

8 otherwise participated in the foreclosure proceedings. See 735 ILCS 5/ (c)(3) (lacking a specific requirement that a separate notice of sale be sent to a defaulted mortgagor). However, in many residential cases, a lack of participation, for any reason, results in a lack of notice of the sale to the mortgagor living in the property being foreclosed. That lack of notice often results in the mortgagor learning about the sale on the eve of the sale and filing an emergency motion to stay the sale. In cases where the mortgagor finds out about the sale from a notice of confirmation of sale or through the sheriff s notice of eviction, the courts then must hear motions to vacate the sale and motions to stay possession. See 735 ILCS 5/ (b-5) (requiring notice of confirmation of sale be sent to a defaulted mortgagor). The Committee believed that many of these motions could be avoided and judicial efficiency increased if all parties, including defaulted parties, are given notice of the sale. Therefore, paragraph (f) implements a new notice requirement to supplement section (c)(3) by mandating a separate notice to a defaulted mortgagor presale while also complementing section (b-5) that requires notice postsale for confirmation. The Committee noted that paragraph (f) also addresses the selling officer. Currently, section (f)(3) of the Mortgage Foreclosure Law (735 ILCS 5/ (f)(3)) allows, by special motion, an official other than the one customarily designated by a court to be appointed to conduct judicial sales. The Committee recognized that the customarily appointed selling officer is the sheriff in many counties. Given the high volume of foreclosures throughout the state, many sales are being held nearly a year after the expiration of the redemption period. In some cases, this is due to the failure of the sheriff to promptly obey the court order commanding him to sell the property at auction. Accordingly, the loan accrues late fees and increased interest charges. These additional charges do not benefit any party to the foreclosure and do not help the communities if the property remains vacant during that idle period. In order to correct these deficiencies in the process, the Committee recommended that a rule be enacted that expressly allows the use of private selling officers, who, in many instances, have lower costs with the capacity and ability to conduct a sale in a timely manner. Paragraph (g) provides that a Special Notice of Surplus Funds shall be mailed and shall be in substantially in the form of an example contained in the rule. That example is attached hereto as Form 3. According to the Committee Comments, paragraph (g) implements a specific notification process for informing mortgagors about the existence of surplus funds resulting from a judicial sale. Currently, many clerks of the circuit courts are holding unclaimed surplus funds from judicial sales. Due to the lack of notice, these funds remain unclaimed. Paragraph (g) implements the new Special Notice of Surplus Funds (Form 3) that the plaintiff s counsel must send to the mortgagors and paragraph (h) includes a specific motion (Form 4) that can be completed by the mortgagors for presentment to the court without an attorney. This paragraph is intended to facilitate the ability of mortgagors to claim those funds to which they may be entitled. Paragraph (h) of the new rule requires that each circuit shall provide a Petition for Turnover of Surplus Funds to be included in the Special Notice of Surplus Funds required to be mailed by the attorney for plaintiffs. The rule requires that the petition shall be in substantially 8

9 the form as shown in the example contained within the rule. This form is attached hereto as Form 4. Finally, paragraph (i) provides that in all mortgage foreclosure cases where the mortgagor or mortgagors is or are deceased, and no estate has been opened for the deceased mortgagor(s), the court shall, on motion of a party, appoint a special representative to stand in the place of the deceased mortgagor(s) who shall act in a manner similar to that provided by section of the Illinois Code of Civil Procedure (735 ILCS 5/13-209). The Committee Comments reveal that paragraph (i) addresses the issue of a deceased mortgagor and the subject matter jurisdiction issues addressed in ABN Amro Mortgage Group, Inc. v. McGahan, 237 Ill. 2d 526 (2010), which have not been specifically addressed by remedial legislation. NEW Rule 114. Loss Mitigation Affidavit Adopted February 22, 2013, Effective May 1, 2013 Paragraph (a) of this new rule provides for loss mitigation. For all actions filed under the Mortgage Foreclosure Law, and where a mortgagor has appeared or filed an answer or other responsive pleading, Plaintiff must, prior to moving for a judgment of foreclosure, comply with the requirements of any loss mitigation program which applies to the subject mortgage loan. Paragraph (b) provides that in order to document the compliance required by paragraph (a) above, plaintiff, prior to or at the time of moving for a judgment of foreclosure, must file an affidavit specifying: Any type of loss mitigation which applies to the subject mortgage; What steps were taken to offer said type of loss mitigation to the mortgagor(s); and The status of any such loss mitigation efforts. The new rule provides a model form for this affidavit, containing the information set forth in paragraph (b) above. A copy of that form is attached hereto as Form 5. Paragraph (d) provides that the court may, either sua sponte or upon motion of a mortgagor, stay the proceedings or deny entry of a foreclosure judgment if Plaintiff fails to comply with the requirements of this rule. 9

10 Rule 11. Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts Amended October 24, 2012 and December 21, 2012, Effective January 1, 2013 The amendments to this rule created new subparagraph (b)(6), (b)(7) and paragraph (d) which now provide for service through notification. The rule was also amended to replace the word paper with the word document. Specifically, subparagraph (b)(6) allows documents to be served by transmitting them via to the designated address of record for the attorney or party, but only if the attorney or party consented to service. The listing of a designated address on documents or the use of service shall be deemed consent by that party or attorney to receive service. Any party may rescind consent of service in a case by serving a notice on all parties or the attorneys of record. A party or attorney who has rescinded consent to service in a case may not serve another party or attorney by in that case. Subparagraph (b)(7) provides that documents may also be served by transmission through a service provider that provides an electronic in-box for those parties registered to use the service. According to the Committee Comments, new subparagraphs (b)(6) and (b)(7) facilitate electronic communications among the court, parties, and counsel and complement the expansion of e-filing in the trial courts. The Committee noted, however, that electronic service may not be appropriate in all instances. For example, absent a secure method for electronic service of documents, other service options should be used for cases or documents filed confidentially. New paragraph (d) provides that the use of service is mandatory if a local circuit adopts mandatory e-filing pursuant to Illinois Supreme Court Electronic Filing Standards. Rule 12 - Proof of Service in the Trial and Reviewing Courts; Effective Date of Service Amended Dec. 21, 2012 and Jan. 4, Effective January 4, The amendments to this rule replaced the word paper with document, to account for the allowance of electronic filing. Also, subsection (f) was added to provide that service by e- mail is complete on the first court day following transmission. 10

11 Rule 15. Social Security Numbers in Pleadings and Related Matters. Adopted October 4, 2011, effective January 1, 2012; Renumbered April 26, 2012, Effective, April 26, This rule, which prohibits inclusion of Social Security numbers in documents filed with the court (whether electronically or on paper), including exhibits thereto, was originally adopted by the Illinois Supreme Court in 2011 as Rule 138. In 2012, the Court renumbered this rule as Rule 15, but made no substantial changes to it. The Court also adopted a new Rule 138, which is discussed below. NEW Rule 138. Personal Identity Information Adopted Oct. 24, 2012, at first effective Jan. 1, 2013; now effective on July 1, This new rule provides that in civil cases, personal identity information shall not be included in documents or exhibits filed with the court, whether they are paper or electronic filings. The Committee Comments state that this rule was enacted to combat the use of such information in identity theft. Personal identity information includes: (1) Social Security numbers; (2) birth dates; (3) mother's maiden names; (4) driver s license numbers; (5) financial account numbers, and (6) debit and credit card numbers. In addition, a court may order other types of information redacted or filed confidentially, consistent with the purpose and procedures of this rule. If the court orders the filing of documents or exhibits that contain personal identity information, the information shall be filed under seal in a document titled "Notice of Personal Identity Information Within Court Filing." The notice shall identify the documents or exhibits that contain personal identity information and the order requiring the filing. The notice shall remain confidential, except to parties or as the court may order. 11

12 Neither the court, nor the clerk, is required to review documents or exhibits for compliance with this rule. Further, this rule does not require any clerk or judicial officer to redact personal identity information from the court record except as provided in this rule. If a document or exhibit is filed containing personal identity information, a party or any other person whose information has been filed may move that the court order redaction. A motion requesting redaction of a document in the court file shall have attached a copy of the redacted version of the document. If the court allows the motion, the clerk shall retain the unredacted copy under seal and the redacted copy shall become part of the court record. If the court finds the inclusion of personal identity information was willful, the court may award the prevailing party reasonable expenses, including attorney fees and court costs. Rule 201. General Discovery Provisions Amended Oct. 24, 2012 and Nov. 28, 2012; Effective Jan. 1, Paragraph (m) was amended to clarify that local circuit court rules shall not require the filing of discovery. It also provides that any party serving discovery shall file a certificate of service of discovery document. According to the Committee Comments, this change was made to minimize any invasion of privacy that a litigant may have by filing discovery in a public court file. In addition, new paragraph (p) was added. That paragraph governs the assertion of the attorney-client privilege or work product protection following a discovery disclosure. It provides that if information inadvertently produced in discovery is subject to a claim of privilege or of work-product protection, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, each receiving party: must promptly return, sequester, or destroy the specified information and any copies; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the receiving party disclosed the information to third parties before being notified; and may promptly present the information to the court under seal for a determination of the claim. The producing party must also preserve the information until the claim is resolved. 12

13 NEW Rule 243. Written Juror Questions Directed to Witnesses Adopted April 3, 2012; Effective July 1, Under this new rule, the court may permit jurors in civil cases to submit to the court written questions directed to witnesses. Following the conclusion of questioning by counsel, the court shall determine whether the jury will be afforded the opportunity to question the witness. Regarding each witness for whom the court determines questions by jurors are appropriate, the jury shall be asked to submit any question they have for the witness in writing: No discussion regarding the questions shall be allowed between jurors at that time; jurors are not limited to posing a single question; and jurors are not required to submit questions. The bailiff will collect any questions and present the questions to the judge. Questions will be marked as exhibits and made a part of the record. Out of the presence of the jury: the judge will read the question to all counsel; allow counsel to see the written question; and give counsel an opportunity to object to the question. o If any objections are made, the court will rule upon them at that time and the question will be either admitted, modified, or excluded accordingly. The court shall instruct the witness to answer only the question presented, and not exceed the scope of the question. The court will ask each question; the court will then provide all counsel with an opportunity to ask follow-up questions limited to the scope of the new testimony. At times before or during the trial that it deems appropriate, the court shall advise the jurors that they shall not concern themselves with the reason for the exclusion or modification of any question submitted and that such measures are taken by the court in accordance with the rules of evidence that govern the case. The Committee Comments state that this rule provides a trial judge with discretion in civil cases to permit jurors to submit written questions to be directed to witnesses a procedure which has been used in other jurisdictions to improve juror comprehension, attention to the proceedings, and satisfaction with jury service. The Comments clarify that the trial judge may discuss with the parties attorneys whether the procedure will be helpful in the case, but the decision whether to use the procedure rests entirely with the trial judge. The rule specifies some of the procedures the trial judge must follow, but it leaves other details to the trial judge s discretion. 13

14 Rule 312. Docketing Statement. Amended December 12, 2012 and January 17, 2013; Effective January 17, The Illinois Supreme Court greatly simplified the docketing statement filed the appellate court for civil appeals. The revised rule provided an example of the new form and contents of this document. This example is attached hereto as Form 6. Rule 402. Pleas of Guilty or Stipulations Sufficient to Convict Amended April 26, 2012; Effective July 1, This rule is amended to formally authorize a judge to participate in plea discussions upon the request of a defendant and following proper admonishments. The amendment adds a new subparagraph (d)(1), which still contains the prohibition upon trial judges initiating plea discussions. However, the rule now provides that, upon request by the defendant and with the agreement of the prosecutor, the trial judge may participate in plea discussions. Prior to participating in the plea discussions, the trial judge shall admonish the defendant and inquire as to the defendant s understanding of the following: That the defendant s attorney has requested that the trial judge participate in the conference to determine whether or not the charge(s) which is/are pending against the defendant can be resolved by a plea of guilty; That during the course of the conference the prosecutor will be present and advise the judge of the facts of the case as contained in the police reports or conversations with witnesses; that the defendant s attorney will also be present and will advise the judge of any information the defendant may have concerning the circumstances which led to the defendant s arrest in the case; That without the conference, the judge would not learn about this information unless the case proceeded to trial; That the judge will also learn whether the defendant has a prior criminal history, his or her driving record, whether the defendant has any alcohol or drug problem, the defendant s work history, family situation, and other things which would bear on what, if any punishment should be imposed upon the defendant as a result of his or her plea of guilty to one or more of these charges; That these are things that the judge would not learn about unless the case went to trial and the defendant was found guilty; That at the end of the conference, the judge may make a recommendation as to what an appropriate sentence would be; 14

15 That the defendant or the prosecutor is free to accept or reject the judge s recommendation. However, if the defendant rejects the judge s recommendation and he or she wishes to have a trial on the charges, the defendant may not obtain another judge solely on the basis that the judge participated in the conference and is aware of the facts and circumstances surrounding the incident as well as the defendant s background. This means that the defendant will be waiving his or her right to request a substitution of judge based upon the judge s knowledge of the case; That knowing all of these things the defendant still wishes that the judge participate in this conference. Rule 606. Perfection of Appeal. Amended December 12, 2012; Effective January 1, Just as the Illinois Supreme Court greatly simplified the docketing statement filed the appellate court for civil appeals pursuant to Rule 312, it similarly did so for appeals in criminal cases. The revised rule provided an example of the new form and contents of this document. This example is attached hereto as Form 7. NEW Rule 718. Provision of Legal Services Following Determination of Major Disaster Adopted April 4, 2012; Effective April 14, The Committee Comments to this new rule explain that a major disaster in this or another jurisdiction may cause an emergency affecting the justice system with respect to the provision of legal services for a sustained period of time, thereby interfering with the ability of lawyers admitted and practicing in the affected jurisdiction to continue to represent clients until the disaster has ended. The Committee further observed that when this happens, lawyers from the affected jurisdiction may need to provide legal services to their clients, on a temporary basis, from an office outside their home jurisdiction. In addition, lawyers in an unaffected jurisdiction may be willing to serve residents of the affected jurisdiction who have unmet legal needs as a result of the disaster or, though independent of the disaster, whose legal needs temporarily are unmet because of disruption to the practices of local lawyers. Lawyers from unaffected jurisdictions may offer to provide these legal services either by traveling to the affected jurisdiction or from their own offices or both, provided the legal services are provided on a pro bono basis through an authorized not-for-profit entity or such other organization(s) specifically designated by the Illinois Supreme Court. A major disaster includes, for example, a hurricane, earthquake, flood, wildfire, tornado, public health emergency or an event caused by terrorists or acts of war. 15

16 The rule provides that the Illinois Supreme Court has the sole authority to determine when an emergency affecting the justice system, as a result of a natural or other major disaster, has occurred. According to the rule, following such a determination, a lawyer authorized to practice law in another United States jurisdiction, and not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction, may provide legal services in this jurisdiction on a temporary basis. However, such legal services must be provided on a pro bono basis without compensation, expectation of compensation or other direct or indirect pecuniary gain to the lawyer. Such legal services shall be assigned and supervised through an established not-for-profit bar association, pro bono program or legal services program or through such organization(s) specifically designated by the Illinois Supreme Court. The rule further provides that the authority to practice law in this jurisdiction granted under this rule shall end when the Illinois Supreme Court determines that the conditions caused by the major disaster have ended, except that a lawyer then representing clients in this jurisdiction pursuant to this rule is authorized to continue the provision of legal services for such time as is reasonably necessary to complete the representation, but the lawyer shall not thereafter accept new clients. The authority to practice law under this rule shall end 60 days after the Court declares that the conditions caused by the major disaster in the affected jurisdiction have ended. NEW Article X of the Supreme Court Rules NEW Rule Illinois Supreme Court Commission on Access to Justice Adopted and Effective June 13, 2012 This new rule created the Illinois Supreme Court Commission on Access to Justice, which is intended to promote, facilitate, and enhance equal access to justice with an emphasis on access to the Illinois civil courts and administrative agencies for all people, particularly the poor and vulnerable. The Commission shall consist of 11 members and a Chair. The Illinois Supreme Court shall appoint seven members to the Commission. In addition, the Illinois Bar Foundation, The Chicago Bar Foundation, Lawyers Trust Fund of Illinois, and the Illinois Equal Justice Foundation shall have the right to appoint one member each. The commission shall be composed of five members of the judiciary, five lawyers, and one member who is not a lawyer. The Chief Justice of the Illinois Supreme Court shall appoint a person to serve as chair of the commission from among the members of the commission. The Commission is authorized to appoint separate specialized working groups and members to assist it in the carrying out of its purposes. Among the enumerated goals of the Commission are the following: 16

17 (1) encouraging means by which individuals can find proper legal representation in the judicial system; (2) maintaining circuit court and community support and assistance so that the existing legal self-help centers in all Illinois counties can remain effective and accessible; (3) collaborating with the circuit courts to develop standard guidelines and judicial education programs regarding interaction between self-represented litigants, judges, clerks, and other court personnel; (4) creating standardized forms for simpler civil legal problems and basic procedural functions that, while not required for use by all litigants, would be required for courts to accept for filing throughout the state to ease the difficulty in self-representation; (5) addressing language barriers in the courtroom; (6) addressing the issue of accessibility to the courts, particularly in rural areas of Illinois; (7) recognizing judges, attorneys, clerks, or other court personnel for their contributions of leadership and commitment to access to justice; (8) recommending legislation, court rules, codes of conduct, policies, appropriations, and systematic changes that will open greater access to the courts, as needed; (9) working with law schools in the development and furtherance of court-based programs that enhance equal access to justice; (10) monitoring and sharing information on equal justice activities of similar entities in Illinois and in states outside of Illinois; (11) expanding social work and social services in the court system for the purposes of addressing access to justice for individuals with special needs; (12) supporting and guiding circuit court efforts to increase access through court-based information systems, Web sites, social media, and other technology platforms; (13) researching and developing information by which the Commission s purpose can be made successful; (14) promoting and supporting pro bono efforts in the state and fostering judicial and circuit court support for pro bono efforts throughout the state; and (15) recommending to the Supreme Court other methods and means of improving these purposes and goals. 17

18 NEW Rule Standardized Forms Adopted and Effective Nov. 28, This new rule tasks the Illinois Supreme Court Commission on Access to Justice to establish a process to develop and approve standardized, legally sufficient forms for areas of law and practice where the Commission determines that there is a high volume of self-represented litigants and that standardized forms will enhance access to justice. The Committee Comments to this new rule state that it was intended to establish a formal process for the development, review and approval of standardized forms for use in the Illinois courts. Utilizing standardized forms in areas of law and practice where there is a high volume of self-represented litigants in the Illinois courts will enhance access to justice for these litigants and at the same time will improve the overall administration of justice. The Committee notes that standardized forms can only be effective if they are required to be accepted by all courts in the state. Technology and assistance that can make forms more userfriendly and accessible for people without lawyers and allow for necessary translations into other languages and formats cannot be efficiently provided if there are multiple variations of the same forms. 18

19 Illinois Supreme Court Initiatives Cameras in the Courtroom On January 24, 2012, the Illinois Supreme Court authorized extended media coverage in the Illinois circuit courts on an experimental, circuit by circuit basis. Under this process, the chief judge of a judicial circuit can make application to the Court for approval to provide extended media coverage of judicial proceedings in the chief judge's judicial circuit as a pilot project. If approved by the Illinois Supreme Court, the judicial circuit will be authorized to allow news media cameras in trial courtrooms in that circuit. The Supreme Court has allowed cameras to broadcast its own oral arguments, and those of the Illinois Appellate Court, since At that time, however, the court specifically rejected allowing news cameras during trial proceedings, and there was little progress on this front until recently. The following Circuits and Counties have been approved to permit extended media coverage on an experimental basis in accordance with the Court's Policy for Extended Media Coverage in the Circuit Courts of Illinois. First Circuit - 09/24/12 Alexander, Jackson, Johnson, Massac, Pope, Pulaski, Saline, Union and Williamson Counties Third Circuit - 03/15/12 Madison County Ninth Circuit - 12/13/12 Knox County 19

20 Eleventh Circuit - 12/11/12 McLean County Fourteenth Circuit - 01/31/12 Rock Island, Henry, Mercer, and Whiteside Counties Fifteenth Circuit - 03/28/12 Carroll, Jo Daviess, Lee, Ogle, and Stephenson Counties Seventeenth Circuit - 04/30/12 Boone and Winnebago Counties Eighteenth Circuit - 09/24/12 Du Page County Nineteenth Circuit - 01/24/13 Lake County Twenty-first Circuit - 03/09/12 Kankakee County Twenty-third Circuit - 01/24/13 Kendall and DeKalb Counties 20

21 On January 24, 2013, the Illinois Supreme Court filed an Order amending the Policy for Extended Media Coverage in the Circuit Courts of Illinois to include language that would explain the policy to jurors. These instructions to the jurors shall be given by the judge at the beginning of the trial and before the jury begins deliberations. Jury Instruction (To be given when news media was present at any portion of a criminal or civil trial.) In this case, the news media was permitted to film and photograph the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberation, you should not draw any inferences or conclusions from the fact that cameras were present at this particular trial. Nor should you concern yourself with why certain witnesses were filmed and photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness s testimony. Jury Admonishment (To be given at the commencement of any criminal or civil trial with an approved request for extended media coverage.) In this case, I have approved a request to allow the news media to film and photograph the proceedings. This is permitted by the Illinois Supreme Court and is subject to numerous restrictions contained in the Policy for Extended Media Coverage in the Circuit Courts of Illinois. The policy in place regarding cameras in the courtroom is very strict and the court closely monitors every policy provision. In general, the policy permits the news media to film and photograph the courtroom setting, the participants in the trial, and any persons who might be in the audience. The policy does not permit the news media to film or photo-graph any of you as jurors or the jury panel as a whole in the courtroom and outside the courtroom. The presence of cameras does not make this case more important than any other. All trials are equally important to the court and the involved parties. You should not draw any inferences or conclusions from the fact that cameras are present at this particular trial. The news media is generally able choose which portion or portion(s) of the trial they wish to attend. Therefore, their attendance may be periodic from day-to-day. Also, for legal reasons, the 21

22 news media may not be permitted to film and photograph certain witnesses. You are not to concern yourself with why certain witnesses are filmed and photographed and others are not. Whether a particular witness is filmed or photographed is not any indication as to the value of, or weight to be given to, that witness s testimony. You should ignore the presence of any cameras. If you find at any time that you are distracted or unable to concentrate because of the cameras, please notify me immediately. E-Filing In January 2012, the Illinois Supreme Court approved an e-filing pilot project. The project allowed limited e-filing in cases on the Supreme Court s docket by the Illinois Attorney General, the State Appellate Defender's Office and the Office of the Illinois State's Attorneys Appellate Prosecutor. Those offices could digitally file motions, briefs and related documents with the Clerk of the Court through a secure password system designed and operated by a thirdparty vendor. One year later, Chief Justice Thomas L. Kilbride announced that, effective March 1, 2013, the pilot project would be expanded to include the option for all documents in cases on the Supreme Court's general docket to be filed electronically. In order to use this system, you must be registered with the third-party vendor, i2file. The vendor supports the filing of virtually all legal documents in a text searchable.pdf format. The Court's vendor can be accessed through this link on the Supreme Court's website: The Court s Order also amends the "Electronic Filing User Manual." Some highlights include: The filing of paper documents that meet criteria for filing will still be accepted; and confidential, impounded and sealed documents must be filed via paper. However, a motion for leave to file under seal could be submitted electronically. Even with electronic filing, paper copies are still required to be submitted, although the number is reduced from 20 to 12. Paper documents that accompany successful electronic filing need to be submitted within five days of payment receipt. Additional proof of service will not be required for submitted documents as long as the original proof of service is referenced in the motion for leave to file and served on all parties of record. The paper color cover required by Supreme Court Rule 341, if applicable, shall be filed only with the printed, submitted paper version of the e-filed document bearing the Clerk's electronic file stamp and not with the electronic filing. 22

23 Only the parties of record, the Supreme Court Justices and authorized personnel will have access to retrieve electronically filed documents. The procedure works as follows: The confidential, secure username and password that the registered user must use to e-file a document constitute the registered user's signature on the document. Upon submittal of the e-filed document, the e-filing provider will provide the registered user with a transaction number followed by an ed transaction confirmation that includes the transaction number, a list of documents submitted and the date and time of submittal. Registered users will need to pay the applicable filing and appearance fees electronically to the Court through the e-filing provider upon receipt of the ed transaction confirmation. The transaction confirmation shall serve as proof of submittal. Until payment is received, the e-filed document bearing the Clerk's electronic file stamp will not be downloadable. A document will be considered timely submitted if e-filed at any time before midnight on or before the date on which the document is due. Electronic Record Another recent initiative of the Illinois Supreme Court has been to make an electronic record available in cases filed in the Appellate Court in 15 counties within four Judicial Districts. The Appellate Court Electronic Transfer of Record on Appeal pilot projects allow the Appellate justices, attorneys, and parties to have simultaneous access to the record on appeal in the Appellate Court and provide economy and improve efficiency in appeals. Once fully implemented, the pilots will cut down on the immense costs of transporting and storing voluminous court records. Traditionally, once a notice of appeal is filed in the Appellate Court, the official record of the case is created and physically transported to the attorney of record on one side of the case. When that attorney concludes the filing of the necessary motions and brief, the record is then physically transported to the attorney on the other side of the case. If additional briefs are required, the record is transported back and forth between the attorneys. After the case is argued in the Appellate Court, the record resides with the Appellate justice assigned to write the opinion. The two other justices on the panel hearing the case may 23

24 request the record as well, but it must be physically transported from the justice in possession to the justice who requests possession. This pilot projects make the physical transfer of the record unnecessary, and removes the cost of repeatedly transporting the record back and forth from the Appellate District clerk's office. The pilots provide a stream of efficiency in preparing and working on appeals that benefit not only the lawyers and the court, but the clients being served and taxpayers who fund the courts. Under the pilot projects, the official paper court record, pursuant to Supreme Court rules, will remain with the Appellate Clerk and be accessible from the Clerk, but a mirror record will be produced electronically with identical pagination. Attorneys who file appearances in the case will receive a password providing access to the record, as well as all the justices in the Appellate Districts operating the pilots and the parties to the appeal. The parties, attorneys for a party, approved court personnel and justices of the Appellate Districts will have the ability to search, bookmark and make notes on their individual copies of the electronic record. Any markings or notations made by a user on the electronic record are secure and are unique to that user's copy. No user will be able to view or access another user's copy. The Appellate District Clerk will retain an unmodified copy of the electronic record at all times. The electronic record will be in a format that supports searchable text, both word and phrase. Once a mandate issues in an appellate case from the counties operating under these pilots, access to the electronic record will be terminated. The following appellate courts are participating in the pilot project: Second District Appellate Court - Elgin, Illinois o The record on appeal for cases originating in Ogle, DuPage, Boone, Carroll, Jo Daviess, Kendall, Lee, Stephenson, Winnebago, McHenry and DeKalb Counties may be transferred electronically. Third District Appellate Court - Ottawa, Illinois o The record on appeal for cases originating in Rock Island and Will Counties may be transferred electronically. Fourth District Appellate Court - Springfield, Illinois o The record on appeal for cases originating in Adams and Moultrie Counties may be transferred electronically. 24

25 Fifth District Appellate Court - Mt. Vernon, Illinois o The record on appeal for cases originating in Clinton County may be transferred electronically. 25

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27 Forml IN THE CIRCUIT COURT OF TIIE _JUDICIAL CIRCUIT FOR COUNTY, ILLINOIS ) Plaintiff( s) ) V. ) Case. No. ) Defendant(s) ) AFFIDAVIT OF AMOUNTS DUE AND OWING L.~a ~. I have authority to make ~s statement on its behalf -b-ec_a_u-se (identify whether you are a custodian of records or a person f~iar with the business and its mode of operation; if you are a person familiar with the business and its mode of operation, explain how you are familiar with the business and its mode of operation). If called to testify at the trial of this matter, I could competently testify as to the facts contained in this affidavit. [If the loan was previously serviced by another entity, the affidavit should provide as follows for the most recent transfer of servicing rights: (~e of the bank) acquired the servicing rights for the Defendant's loan on (date) from (n~e of the prior institution). At the time of this transfer, the Defendant's loan was (current, or state the ~ount by which ~~Joan was in default at the time of the transfer).] The ~ount due is based on my review of the following records:. A true and accurate copy of the payment history and any other document I reviewed when making this calculation is attached to this affidavit (this sentence would only be included if applicable). (n~e of the bank) uses (n~e of the computer 'program/software) to automatically record and track mortgage payments. This type of tracking and accounting progr~ is recognized as standard in the industry. When a mortgage payment is received, the following procedure is used to process and apply the payment, and to create the records I reviewed: (include the source of the information, method and time

28 of preparation of the record to establish that the computer program produces an accurate record). The record is made in the regular course of 's (name of bank) business. In the case at bar, the entries reflecting the Defendant's payments were made in accordance with the procedure detailed above, and these entries were made at. or near the time that the payment was received. (name of the computer program/software) accurately records mortgage payments when properly operated. In the case at bar, (name of the computer program/software) was properly operated to accurately record the Defendant's mortgage payments. Based on the foregoing, Note, and the amount due and owing as of failed to pay amounts due under the Is: Principal $ Interest $ Pro Rata MIP/PMI $ Escrow Advance $ Late Charges NSF Charges Property Maintenance Property Inspections BPO GROSSAMOUNTDUE Less/Plus balance in reserve accounts $ $ $ $ $ $ $ NET AMOUNT DUE $

29 AFFIANT STATES NOTillNG MORE. BY: Affiant Subscribed and sworn to before me this day of By Notary Public State of [ ] My Commission expires: Personally Known OR Produced Identification. Type of identification produced:

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31 Form2 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT FOR COUNTY, ILLINOIS ) Plaintiff(s) ) v. ) Case. No. ) Defendant(s) ) NOTICE OF ENTRY OF DEFAULT AND JUDGMENT OF FORECLOSURE To: This notice is to advise you of recent activity in the mortgage foreclosure lawsuit now pending in the Circuit Court. DO NOT IGNORE TillS NOTICE. YOU SHOULD ACT IMMEDIATELY. The Circuit Court has entered an Order of Default and a Judgment of Foreclosure and Sale against you in your case concerning the property located at [insert address]. You may be entitled to file a Motion to Vacate this order. Any such motion should be filed as soon as possible. [If applicable] You may redeem the property from foreclosure by paying $, which is the total amount due plus fees and costs, by [insert day]. [If applicable] If you need legal for free legal advice. advice, you may contact [NAME OF CLERK] Clerk of the Circuit Court of County [Contact information]

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33 Form3 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT FOR COUNTY, ILLINOIS ) Plaintiff(s) ) v. ) Case. No. ) Defendant(s) ) SPECIAL NOTICE OF SURPLUS FUNDS To: There is $ remaining after the sale of your property at [insert address of property sold]. You may be entitled to this money. If you want to obtain this money, you need to: Complete the enclosed form. Take the completed form to the Clerk of the Circuit Court [insert the information for the Clerk of the Circuit Court in which the case is pending]. Schedule a date to present the paperwork to the judge. Mail a copy of the completed form, at least five business days before the date with the judge, to: [insert service list].

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35 Form4 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT FOR COUNTY, ILLINOIS ) Plaintiff( s) ) V. ) Case. No. ) Defendant(s) ) NOTICE OF MOTION AND PETITION FOR TURNOVER OF SURPLUS FUNDS TO: On at a.m./p.m. or as soon thereafter as counsel may be heard, I shall appear before the Honorable or any Judge sitting in that Judge's stead, in the courtroom usually occupied by him/her, located at, Illinois, and present: PETITION FOR TURNOVER OF SURPLUS FUNDS (with Appearance) Now come(s), and move(s) this Court for entry of an order turning over the surplus proceeds from the foreclosure sale. In support ofthis Petition, Petitioner(s) state(s) as follows: All parties to this proceeding have been given notice of this Petition. The subject property was sold at a foreclosure sale for more than the amount owed the mortgage company and the sale was approved by the Court on I I

36 There is a surplus remammg after all sums are paid in the amount of $ Petitioner(s) is/are a party/parties to the foreclosure case and has/have filed an appearance in the case. Petitioner's/Petitioners' interest in the property is (select one, and attach any supporting documents): Owner(s)/Mortgagor(s); Judgment Creditor; Lien Holder; Other (please specify): If Petitioner(s) is/are not the Mortgagor(s), judgment for the Petitioner(s) has been proved up in the amount of$ Pick one: 0 Petitioner(s) has/have a bankruptcy case pending in Bankruptcy Court and has/have ATTACHED a copy of the order from the Bankruptcy Court allowing receipt of the surplus funds ("Order Authorizing Distribution of Surplus Funds"). 0 Petitioner(s) DOES NOT/DO NOT have a bankruptcy case pending in Bankruptcy Court. Wherefore, the Petitioner(s),, move this Court to turn over to him/her/them the surplus from the foreclosure sale. I/We, appearance( s ), pro se: enter my/our Signature Signature VERIFICATION AND PROOF OF SERVICE 1/W e certify under penalty of perjury as provided by law pursuant to section of the lllinois Code of Civil Procedure, that I/ we have read the foregoing Verified Petition for Turnover of Surplus Funds and the statements set forth therein are true and correct and that I sent a copy of this Appearance and Answer by United States mail to the Plaintiffs attorney and any other parties who have appeared and have not heretofore been found by the Court to be in default, on ' 20. Signature Signature

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38 IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT FOR COUNTY, ILLINOIS Plaintiff( s) ) v. ) Case. No. Defendant(s) ) ) ) LOSS MITIGATION AFFIDAVIT I, [name], hereby state as follows: I am employed as [job title] of [name], the mortgagee as defined in section of the illinois Mortgage Foreclosure Law for the residential mortgage loan that is the subject of the pending foreclosure case, and I am authorized to act on behalf of plaintiff. With respect to the subject mortgage loan, my employer is the appropriate entity to extend loss mitigation, if any, to the mortgagor(s), as defined in Section ofthe Illinois Mortgage Foreclosure Law. I have performed or caused to be performed a review of the records maintained in the ordinary course of the business of my employer relating to the subject mortgage loan, and based upon that review: The subject mortgage loan is eligible for the following loss mitigation programs 1 :. 1 Identify here all applicable loss mitigation programs including but not limited to those available under the Making Home Affordable Program, the 2012 National Attorney General

39 For each of the programs listed above in 3(a), the following steps have been taken by the mortgagee to comply with its obligations under such program: For each of the programs listed above in 3(a), the current status of loss mitigation effort is as follows: The above is true and accurate to the best of my personal knowledge and based upon my review of the records as set forth above. Affiant states nothing more. BY: AFFIANT Subscribed and sworn to before me this day of, 20_ by Notary Public State of [name] My Commission expires:, 20_ Personally Known OR Produced Identification Type of Identification Produced:

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41 M.R IN THE SUPREME COURT OF THE STATE OF ILLINOIS Order entered January 17, (Deleted material is struck through and new material is underscored.) Effective immediately, Supreme Court Rules 312, 751, and 792 are amended, as follows. Amended Rule 312 Rule 312. Docketing Statement ' (a) Appellant's Docketing Statement. All appellants, including cross-appellants and separate appellants, whether as a matter of right or as a matter of the court's discretion, shall file a docketing statement with the clerk of the reviewing court. In the case of an appeal as of right, the appellant shall file the statement within 14 days after filing the notice of appeal or petition for review of an administrative order or the date upon which a motion to file late notice of appeal is allowed. In the case of a discretionary appeal pursuant to Rule 306 or Rule 308, the statement shall be due at the time that the appellant files his or her Rule 306 petition or Rule 308 application. In cases of appeal pursuant to Rule 307(a), the docketing statement shall be filed within 7 days from the filing of the notice of appeal. The docketing statement shall be accompanied by the required reviewing court filing fee if it has not been previously paid. The docketing statement shall be accompanied by any written requests to the circuit clerk or court reporting personnel as defmed in Rule 46 for preparation of their respective portions of the record on appeal and be served on all parties to the case with proof of service attached. Within 7 days thereafter, appellee, if it is deemed necessary, may file a short responsive statement with the clerk of the reviewing court with proof of service on all parties. The form and contents of the docketing statement shall be as follows: Docket Number in the Reviewing Court Case Title (Complete) ) ) ) Appeal from County Circuit Number TrialJudge

42 ) Date ofnotice of Appeal ) Date of Judgment ) Date ofpostjudgment Motion Order ) Supreme court rule which confers jurisdiction upon the reviewing court DOCKETING STATEMENT (Civil) 1. Is this a cross-appeal, separate appeal, joining in a prior appeal, or related to another appeal which is currently pending or which has been disposed of by this court? ---- Ifso, state the docket number(s) ofthe other appeal(s): 2. If any party is a corporation or association, identify any affiliate, subsidiary, or parent group: 3. Full name and complete address of appellant(s) filing this statement: Name: Address: Telephone: address: *use additional page if multiple appellants. Counsel on Appeal for appellant(s) filing this statement: Name: ARDC# Address: Telephone: address: Fax:

43 4. Full name and complete address of appellee(s): (Use additional page for multiple appellees.) Name: Address: Telephone: ARDC # ifkno~n. address ~ Counsel on Appeal for appellee(s): (Use additional page for multiple appellees.) Name: Address: Telephone: address: Fax: Court reporting personnel: (If more space is needed, use other side.) Name: Address: Telephone: address: Is this appeal from a final order in a matter involving child custody pursuant to Illinois Supreme Court Rule 311(a) which requires Mandatory Accelerated Disposition of Child Custody Appeals? Yes: No: *If yes, this docketing statement, briefs and all other notices, motions and pleadings filed by any party shall include the following statement in bold type on the top of the front page: THIS APPEAL INVOLVES A QUESTION OF CHILD CUSTODY, ADOPTION, TERMINATION OF PARENTAL RIGHTS OR OTHER MATTER AFFECTING THE BEST INTERESTS OF A CIDLD. 7. State the general issues proposed to be raised (failure to include an issue in this -3-

44 statement will not result in the waiver of the issue on appeal): As_ attorney for the appellant Pro Se appellant, I hereby certify that on the_ day of, 20_, I asked I made a written request to the clerk of the circuit court to prepare the record on appeal, and on the _ day of, 20_, I made a written request to the court reporting personnel to prepare the transcript(s). Date Appellant's Attorney Pro Se Appellant In lieu of court reporting personnel's signature I have attached the written request to the court reporting personnel to prepare the transcript(s). Date Appellant's Attorney Pro Se Appellant I hereby acknowledge receipt of an order for the preparation of a report of proceedings. Date Court Reporting Personnel or Supervisor Adopted December 17, 1993, effective February 1, 1994; amended December 13,2005, effective immediately; corrected February 10, 2006, effective immediately; amended Dec. 12, 2012, eff. Jan. 1, 2013; amended Jan. 17, 2013, eff. immediately.

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46 Docket Number in the Reviewing Court Case Title (Complete) ) ) ) ) ) ) ) ) Appeal From County Circuit No Trial Judge Date ofjudgment Date of Posttrial Motion ---- Date of Notice of Appeal. Felony ( ) Misdemeanor ( ) In Custody ( ) Out on Bond ( ) DOCKETING STATEMENT (Criminal) 1. Full name and complete address ofappellant(s) filing this statement: Name: Address: Telephone: address: Counsel On Appeal for Appellant(s) filing this docketing statement: Name: ARDC# Address: Telephone: address: 2. Full name and complete address ofappellee(s): Name: Address: Telephone: address: Counsel On Appeal for Appellee(s): Name: Address: ~ Telephone: ARDC #if known: address:

47 Court Reporting Personnel (lfmore space is needed, use other side.) Name: Address: Telephone: address: General statement of issues proposed to be raised: (Failure to include an issue in this statement will not result in the waiver of the issue on appeal.) As_ attorney for the appellant Pro Se appellant, I hereby certify that on the _day of, 20, I asked I made a written request to the clerk of the circuit court to prepare the record on appeal, and on the _ day of, 20, I made a written request to the court reporting personnel to prepare the transcript(s). Date Appellant's Attorney Pro Se Appellant In lieu of court reporting personnel's signature, I have attached the written request to the court reporting personnel to prepare the transcript (s). Date Appellant's Attorney Pro Se Appellant I hereby acknowledge receipt of an order for the preparation of a report of proceedings. Date Court Reporting Personnel or Supervisor