Illinois Supreme Court - Amended Rule 23 - Effective January 1, 2021

On November 20, 2020, the Illinois Supreme Court amended Rule 23 effective January 1, 2021, to permit parties to cite Rule 23 orders filed on or after the effective date as persuasive authority. Our own Justice Thomas R. Appleton served on a Committee that recommended this result some years ago. The Appellate Lawyers Association has promoted this revision for many years..

"(e) Effect of Orders.
(1) An order entered under subpart (b) or (c) of this rule is not precedential and may not be cited by any party except to support contentions of double jeopardy, res judicata, collateral estoppel, or law of the case. However, a nonprecedential order entered under subpart (b) of this rule on or after January 1, 2021, may be cited for persuasive purposes. When cited, for these purposes, a copy of the order shall be furnished to all other counsel and the court.
(2) An order entered under subpart (b) of this rule must contain on its first page a notice in substantially the following form:
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as is not precedent by any party except in the limited circumstances allowed under Rule 23(e)(1)."


Additional News Clips from CLE Chair ShirleyWilgenbusch:

Supreme Court Rule 113 Amendment effective December 1, 2020:

https://www.isba.org/barnews/2020/11/illinoissupremecourtamendsrule113

Quick takes on Illinois Supreme Court opinions issued November 19, 2020:

https://www.illinoislawyernow.com/2020/11/quick-takes-on-illinois-supreme-court-opinions-issued-thursday-november-19-2020/

New Leaf Illinois, a public project offering free legal and advisory services for Illinois residents with marijuana convictions looking for a fresh start:

https://www.northernpublicradio.org/post/clean-slate-illinois-residents-marijuana-convictions