2025 Illinois Civil Practice Guide

I. ILLINOIS SUPREME COURT RELEASES POLICY ON AI IN STATE COURTS

The Illinois Supreme Court's policy on artificial intelligence (AI), effective January 1, 2025, establishes a framework for the responsible integration of AI technologies within the judiciary. ILLINOIS SUPREME COURT POLICY ON ARTIFICIAL INTELLIGENCE (Eff. Jan. 1, 2025). The policy states that: "The use of AI by litigants, attorneys, judges, judicial clerks, research attorneys, and court staff providing similar support may be expected, should not be discouraged, and is authorized provided it complies with legal and ethical standards. Disclosure of AI use should not be required in a pleading."

Instead of banning the use of AI from drafting pleadings or requiring litigants to disclose AI usage in filings, the Court's policy emphasizes that existing legal and ethical rules, rather than special provisions for AI, are sufficient to govern its use in litigation. The policy states that the Rules of Professional Conduct and Code of Judicial Conduct apply fully to the use of AI technologies. For example, in a corresponding judicial reference sheet, the Court cites Illinois Supreme Court Rule 137 as authority for its point that lawyers and self-represented litigants are subject to sanctions for submitting legally or factually unfounded pleadings.

The policy states attorneys, judges, and self-represented litigants are accountable for their final work product under existing legal and ethical obligation. So, the policy requires all users thoroughly review all AI-generated content for accuracy and compliance with privacy and confidentiality regulations before submitting it in any court proceeding, and users should understand the specific AI tools and capabilities prior to using the AI technology.

The judicial reference sheet that accompanies the new policy offers basic information about AI and links to other resources. The reference sheet also provides generative AI guidelines on ethical oversight, competence, accuracy, attribution, and confidentiality. Finally, the reference sheet highlights specific issues related to applications of generative AI such as hallucinations, deepfakes and extended reality.

II. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE

The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts.

A. RULE 45 ENCOURAGES CONTINUED USE OF REMOTE PROCEEDINGS

In 2023, the Illinois Supreme Court codified a new Illinois Supreme Court Rule 45—previously amended in response to the COVID-19 pandemic—and expanded the use of remote appearances in circuit court proceedings.

Generally speaking, under Illinois Supreme Court Rule 45 (hereinafter all Illinois Supreme Court Rules referred to as "Rules"), previously called "Participation in Civil or Criminal Proceedings by Telephone or Videoconferences" and now titled "Remote Appearances in Civil Court Proceedings," case participants in civil matters are permitted to attend court remotely without any advance approval. See Ill. S. Ct. R. 45(c). "Case participant[s]" include not only the attorneys and litigants, but also the judge, witnesses, experts, interpreters, treatment providers, law enforcement officers, court reporters, and others. Ill. S. Ct. R. 45(a). While certain proceedings are exempted, including evidentiary hearings, settlement conferences, bench and jury trials, or those specifically exempted by local rules, Rule 45 has no hardship requirement, and the Committee Commentary encourages courts to apply Rule 45 liberally. Ill. S. Ct. R. 45(c); Committee Comments to Ill. S. Ct. R. 45 (rev. Jan. 1, 2023).

The Rule also includes two provisions that permit courts to require in-person appearances for case types or case proceedings where the option to appear remotely is automatic. First, a judge presiding over a case may require a participant to appear inperson for reasons particular to the specific case, including the failure of a case participant to follow applicable standards of decorum. Ill. S. Ct. R. 45(b)(1). Second, the Chief Judge of a circuit may, by local rule, exempt a particular type of case or proceeding from the automatic option to appear remotely where necessary. Ill. S. Ct. R. 45(b)(2). Case participants may then appear remotely in exempted case or proceeding types only with the approval of the presiding judge. Id.

B. RULE 241 PERMITS USE OF REMOTE HEARINGS IN CIVIL TRIALS AND EVIDENTIARY HEARINGS

The Illinois Supreme Court also amended Rule 241, previously titled "Video Conference Technology in Civil Cases," in 2023. Now titled "Use of Remote Hearings in Civil Trials and Evidentiary Hearings," Rule 241 pertains to proceedings that, under certain provisions of Rule 45, require case participants to obtain approval to appear remotely.

While recognizing the continued importance of in-person testimony in civil trials and evidentiary hearings, (see Rule 45), Rule 241 provides the presiding judge in such proceedings the opportunity to, upon request or sua sponte, allow a case participant to testify by video conference for good cause shown and upon appropriate safeguards ensuring the integrity of the examination. Ill. S. Ct. R. 241; Committee Comments to Ill. S. Ct. R. 241 (rev. Feb. 2, 2023). In the absence of video conference services, the judge may, in compelling circumstances, also consider permitting testimony by telephone or other audio means for good cause shown and upon appropriate safeguards. Ill. S. Ct. R. 241. A judge may similarly allow a non-testifying case participant to participate by telephone or video conference for good cause shown and upon appropriate safeguards. Id.; Committee Comments to Ill. S. Ct. R. 241 (rev. Feb. 2, 2023). The Rule further directs judges to "take any action necessary to ensure that the cost of remote participation is not a barrier to access to the courts," including directing which party shall pay the cost thereof. Ill. S. Ct. R. 241.

Rule 241 gives courts broad discretion to determine whether video participation—including video testimony by a witness—and nontestimonial telephone participation are appropriate for a particular case. Committee Comments to Ill. S. Ct. R. 241 (rev. Feb. 2, 2023). In making this determination, courts must balance factors such as the type of case, any due process concerns, the hardship(s) preventing the case participant from appearing in person, any prejudice to the parties resulting from video participation, and any other issues of fairness. Id. "Good cause" includes unforeseen circumstances, such as accident or illness, public health and safety, or limited court operations, as well as foreseeable circumstances, such as distance or disability of the testifying participant. Id.

The Comments instruct that "remote testimony in civil trials and evidentiary hearings must be given the same consideration as testimony presented physically in the courtroom or evidence deposition." Id.

III. SPECIAL APPEARANCES IN ILLINOIS COURTS

The Illinois Supreme Court has created procedures for special types of appearances in Illinois courts.

A. OUT-OF-STATE ATTORNEYS

Rule 707 sets out the procedures for pro hac vice practice before Illinois courts and administrative tribunals. Rule 707 allows an eligible out-of-state attorney to appear in an Illinois proceeding without order of the tribunal, so long as the out-of-state attorney submits a verified Statement, pays certain fees, and associates with an active-status Illinois attorney who also files an appearance. Ill. S. Ct. R. 707(a).

Rule 707(b) lists the requirements to qualify as an eligible out-of-state attorney. The attorney must be authorized to practice in another enumerated jurisdiction; must not be prohibited from practice in any jurisdiction due to discipline; and must not have already entered an appearance under the rule in more than five other proceedings during the same calendar year. Ill. S. Ct. R. 707(b).

Rule 707(d) describes the information that must be provided in the verified Statement, including the attorney's contact information; the name of the party the attorney represents; a list of other proceedings in which the attorney has appeared pursuant to the rule; a list of jurisdictions where the attorney is admitted; a statement that the attorney submits to the disciplinary authority of the Illinois Supreme Court and has become familiar with the rules of practice in Illinois courts; and the contact information for the associated Illinois attorney. The Attorney Registration & Disciplinary Commission (ARDC) also provides a sample Statement on its website. The Statement must be served upon the ARDC, the associated Illinois counsel, the attorney's client, and all parties to the proceeding. See Ill. S. Ct. R. 707(d)(1)-(9).

Finally, the out-of-state attorney must register with the ARDC, pay the annual registration fee, and pay an additional fee of $250 per proceeding (except in certain public interest cases). Ill. S. Ct. R. 707(f), (h).

B. LIMITED SCOPE APPEARANCES

Rule 13 creates a procedure for limited scope appearances that are permitted pursuant to Illinois Rule of Professional Conduct 1.2(c). The purpose of limited scope appearances is to expand access to counsel for clients with limited resources. The rule is meant to encourage lawyers to take on limited scope representations by providing clear guidance for how to define the scope of a representation and withdraw from the case once the limited representation is complete.

When an attorney has entered into a written agreement with a client to provide limited scope representation, the attorney must file a "Notice of Limited Scope Appearance" that identifies the aspects of the proceeding that are subject to the limited representation. Ill. S. Ct. R. 13(c)(6). A form of the Notice, which may be utilized or substantially adopted by litigants, is appended to the rule.

Once the representation described in the notice is complete, the attorney must withdraw by in-court presentment of an approved statewide form, "Notice of Completion of Limited Scope Appearance," or by out-of-court filing and service of the same. Ill. S. Ct. R. 13(c)(7). The attorney's withdrawal is effective upon execution of either method without necessity of leave of court. A form of that Notice, which may be utilized or substantially adopted by litigants, is also appended to the rule.

Where withdrawal is made by in-court presentment, the party may object on the ground that the attorney has not completed the limited scope representation, in which case, the court must hold an evidentiary hearing on the objection. Ill. S. Ct. R. 13(c)(7)(i). After hearing the evidence, the court must enter an order allowing the withdrawal unless the court expressly finds by clear and convincing evidence that the attorney has not completed the specified representation. Id.

If the attorney chooses to withdraw by filing and service instead, the attorney must append to the Notice an approved statewide form, "Objection to Completion of Limited Scope Appearance." Ill. S. Ct. R. 13(c)(7)(ii). Within 21 days after the service of the Notice and Objection, the party may file an Objection to Completion of Limited Scope Appearance. If a timely objection is filed, the attorney must notice a hearing on the Objection, after which the court must enter an order allowing the attorney to withdraw withdrawal unless the court expressly finds by clear and convincing evidence that the attorney has not completed the specified representation. Id. A form of the Objection, which again may be utilized or substantially adopted by litigants, is also appended to the rule.

If the attorney later undertakes an additional aspect of the proceeding, a new notice of limited appearance must be filed. Ill. S. Ct. R. 13(c)(6).

Rule 137 clarifies that an attorney may assist a self-represented person in drafting or reviewing a pleading without making a limited scope appearance or otherwise noting the attorney's involvement, so long as the self-represented person signs the pleading. Ill. S. Ct. R. 137(e).

C. REPRESENTATION BY SUPERVISED LAW STUDENTS OR GRADUATES

Illinois Supreme Court Rule 711 permits a qualified student or graduate of an ABA-accredited law school to provide certain legal services under appropriate supervision. The services authorized by Rule 711 may be performed under the supervision of a member of the State's bar in the course of the student or graduate's work with a legal aid bureau, legal assistance program, organization, or clinic chartered by the State of Illinois or an ABA-approved law school; the office of the public defender; any law office of the State and its subdivisions; or any law office of the United States and its subdivisions. Ill. S. Ct. R. 711(b).

With the written consent of the person on whose behalf the student or graduate is acting, supervised students and graduates may counsel and advise clients; represent clients in settlement negotiations, mediations, and other nonlitigation matters; and engage in the preparation and drafting of legal instruments. Ill. S. Ct. R. 711(c). The scope of permitted work also includes appearances in the trial courts, courts of review, and administrative tribunals of the State of Illinois and, since an August 25, 2022 amendment to the Rule, also federal equivalents located in Illinois, subject to each tribunal's local rules on admission to practice. Id.

IV. TIME STANDARDS FOR CASE CLOSURE IN TRIAL COURTS

In 2022, the Illinois Supreme Court for the first time established Time Standards for Case Closure in the Illinois Trial Courts. These Time Standards went into effect on July 1, 2022. The Time Standards are intended to assist Illinois circuit courts in meeting their fundamental obligation to resolve disputes fully, fairly, and promptly.

Time Standards represent the time during which the circuit court exercises control over (and is accountable for) the progress and timely closure of a case. They provide a management tool that allows courts to regularly evaluate their operations.

The impact of the new Time Standards and the way that Illinois trial courts will apply them is yet to be seen. Attorneys and litigants should familiarize themselves with the new Standards, as it will likely affect trial courts' decisions to continue moving cases toward trial. The Time Standards for Case Closures may be accessed here.

V. CITING ILLINOIS CASES IN ILLINOIS COURT PLEADINGS

In 2011, the Illinois Supreme Court changed the way case law is to be cited in pleadings filed in and decisions authored by Illinois courts. The change was implemented to facilitate a move away from printed case reporters to an electronic public domain citation system. Formerly, the proper way to cite an Illinois decision was to cite the Illinois Official Reporter. For example, People v. Doe, 123 Ill. App. 3d 456 (1st Dist. 2009).

Illinois court decisions are no longer published in printed Illinois reporters and are only published online. Ill. S. Ct. R. 6. The proper citation should include the case name, year, court, docket number, and a pinpoint cite to internally numbered paragraphs. Id. A parallel citation to the North Eastern Reporter may be included, but is not required. Id. Examples of public domain citations are as follows:

Effective January 1, 2021, Illinois Supreme Court Rule 23 was amended to allow litigants to cite unpublished opinions issued on or after January 1, 2021, by Illinois Appellate Courts for persuasive purposes. See Ill. S. Ct. R. 23. Prior to this amendment, litigants were not permitted to cite unpublished Illinois Appellate Court rulings.

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