Style Manual Supreme Court
Style Manual Supreme Court
Style Manual Supreme Court
FOR THE
COURTS
OF ILLINOIS
FOURTH EDITION
(Rev. 2012)
It has long been the practice of Illinois reviewing courts to follow the standards
of The Bluebook, A Uniform System of Citation, except where its rules conflict with
the Illinois Supreme and Appellate Courts’ own Style Manual. With this edition of
the Style Manual, those writers well grounded in Bluebook practices will find many
of the former exceptions to Bluebook practices have been eliminated or further
explained as they pertain to Illinois-specific publications and certain other materials.
Additionally, various style practices that were once prohibited, the use of id., supra,
and infra, for example, are now acceptable. Also, citations to the opinions of other
states may be to the public-domain format adopted by a state, if available, or to only
West’s regional reporter, and do not require citation to the state reporter. Similarly,
citations to United States Supreme Court decisions may be to only the U.S. reporter,
when available; further citations to S. Ct. and L. Ed. 2d are no longer required in
every case. Where a style practice required by this manual conflicts with a Bluebook
rule, that exception is specifically noted herein.
Many of the present changes reflect the changing nature of legal research and the
advantages that Internet and other data-oriented search engines offer a legal
researcher. When provided the title of an opinion, along with a minimal amount of
basic information, a researcher can now locate and access a copy of that opinion in
a matter of minutes, without opening a single book. These are changes the courts
should adopt and incorporate into its opinions practices in the service of conserving
judicial resources and as an aid to the bench and bar.
Additional changes are mandated herein regarding the formatting of Illinois
Appellate Court opinions and Rule 23 orders. Prior to adoption of this edition of the
Style Manual, a lead-in to the body of an opinion was used that reflected only the
name of the opinion’s author. The names of those joining that opinion were then
added to the end of the opinion. A new style is being adopted that requires the listing
of all panel members, as well as their positions on the judgment, at the beginning of
both opinions and Rule 23 orders. This change brings appellate court practice into
line with existing Supreme Court practice, which adopted this format in 2006.
Further, a new section has been added to the Style Manual to add guidance on
procedures the appellate court should follow when modifying, withdrawing, or other
reconsidering a case after remandment by the Illinois Supreme Court.
This manual was approved by the Illinois Supreme Court at the September 2010
term, to be effective for all supreme and appellate court opinions and Rule 23 written
(not summary) orders filed after January 1, 2011. It is available at
http://state.il.us/court/StyleManual/SupCrt_StyleManual.pdf.
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PREFACE TO 2012 REVISED EDITION
Effective July 31, 2011, the Illinois Supreme Court discontinued publication of
the Illinois Official Reports in book form. Instead, the Illinois Official Reports are
published on the Web site for the Illinois courts. Because Web-published documents
do not contain those elements that comprise a tradition case citation (volume and
page numbers), the Supreme Court has directed Illinois reviewing courts to assign at
the time of filing public-domain case designators, as well as internal paragraph
numbers, to all opinions and Rule 23(b) orders filed after July 1, 2011. Further, any
opinions that were filed prior to July 1, 2011, but not released for publication until
a later date have been assigned public-domain designators and internal paragraph
numbers by the Reporter of Decisions. Revisions to the Style Manual have therefore
been made to reflect this new public-domain system of case citations for Illinois
opinions.
The Court adopted our public-domain system through amendments to its Rules
6 and 23 and entry of administrative order in relation to Rule 23. While Rule 6 is
directed to parties before the bench, Rule 23 is specifically directed to the practices
of the Illinois reviewing courts, as is this Style Manual (see Ill. S. Ct. R. 23(g) (eff.
July 1, 2011) (“No opinion or order may be posted to the [Illinois Supreme and
Appellate Courts’] Web site that does not substantially comply with the Style Manual
for the Supreme and Appellate Courts.”). Rule 23(h) further directs that “[a]n opinion
or order entered under subpart (a) or (b) of this rule must be assigned a public-
domain case designator and internal paragraph numbers, as set forth in the
accompanying administrative order.” Ill. S. Ct. R. 23(h). Copies of Supreme Court
Rule 23 and its accompanying administrative order are appended to this Style
Manual.
An additional change of note is the discontinuation of the use of em dashes (—)
in section and page numbers and the use, in lieu thereof, of hyphens. This style
change was driven by a need to accommodate Internet search practices. Also, the
previous section regarding citations to Illinois administrative rules has been
expanded.
Finally, the previous “table of headings” has been reformulated as a “table of
contents” with page numbers.
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Sections Revised 2012
Page Section Number & Title Primary Change
ii Preface to 2012 Revised Edition New.
iii Sections Revised 2012 This table.
vi Table of Contents Modifies previous “Table
of Headings” and adds
page- number references.
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22 II(D)(1). Grammatical Grammatical exception
Style—Capitalization—Proper Nouns regarding capitalization
of plural common nouns
that follow proper nouns
deleted.
26 II(G). Grammatical Style—Dashes Directs use of single
hyphen rather than em
dash or two hyphens in
section or docket
numbers.
30 III(A)(2). Citation Style—Case Directs and explains
Citations—Illinois Official Reports usage of Illinois public-
domain citations; further
explains usage of supra
and infra as internal
cross-references in an
opinion.
31 III(A)(3). Citation Style—Case Clarifies current rule
Citations—Public-Domain Formats that pin-point citations
to regional reporters are
not given with public-
domain citations.
31 III(A)(4). Citation Style—Case Clarifies when the S. Ct.
Citations—United States Supreme Court citation must be used for
U.S. Supreme Court
opinions unpublished in
U.S. Reports.
34 III(A)(10). Citation Style—Case Directs use of the
Citations—Illinois Electronic Databases courts’ Web site to
verify whether a recent
Illinois opinion is final.
35 III(A)(11). Citation Style—Case New format for Illinois
Citations—Slip Opinions slip opinions filed under
public-domain system.
37 III(A)(15). Citation Style—Case New format for Illinois
Citations—Rule 23 Orders Rule 23 orders filed
under public-domain
system.
38 III(B)(2)(a).Citation Style—Illinois Deleted references to
Legislative Enactments—Textual former Eminent Domain
References—Titles Act and Habitual
Criminal Act.
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41 III(B)(4). Citation Style—Illinois Revised to note
Legislative Enactments—Citation of Bluebook use of “to”
Illinois Compiled Statutes with inclusive section
numbers; use of singular
“§” with statutory
subparts; use of “et seq.”
in lieu of specific range
and use of full section
number that has an
internal dash as
Bluebook exceptions
45 III(B)(10). Citation Style—Illinois Explains how to cite
Administrative Rules Illinois administrative
rules using the Illinois
Register and the Illinois
Administrative Code.
53 IV. Appendix Copies of Supreme
Court Rule 23 and the
administrative order that
effected the filing of
public-domain opinions.
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TABLE OF CONTENTS
I. STRUCTURING AN OPINION
A. Procedural Case Information .. . . . . . . . 1
B. Party Information .. . . . . . . . 1
(1) All Parties Listed .. . . . . . . . 1
(2) Proper Order Required .. . . . . . . . 1
(3) Appeals From Administrative Agencies .. . . . . . . . 2
(4) Official Capacity .. . . . . . . . 2
(5) Illinois Department and Director Titles .. . . . . . . . 2
(6) Use of “The” in Caption .. . . . . . . . 3
(7) Abbreviations .. . . . . . . . 3
C. Cause of Action Information .. . . . . . . . 4
D. Court Panel Information .. . . . . . . . 6
(1) Opinions .. . . . . . . . 6
(2) Rule 23 Orders .. . . . . . . . 7
E. Body .. . . . . . . . 8
(1) Rule 23 Syllabus .. . . . . . . . 8
(2) Headings .. . . . . . . . 8
(3) Background .. . . . . . . . 9
(4) Analysis .. . . . . . . . 9
(5) Conclusion/Mandate Paragraph . . . . . . . 10
(6) Judgment Lines .. . . . . . . 10
(7) Supreme Court Review .. . . . . . . 11
(8) Separate Opinions .. . . . . . . 12
F. Postfiling Revisions .. . . . . . . 12
(1) Corrections .. . . . . . . 13
(2) Modifying Opinions After Withdrawal .. . . . . . . 13
(3) Modifying Opinions on Denial of Rehearing .. . . . . . . 13
(4) Supplemental Opinions .. . . . . . . 14
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(5) Allowance of Rehearing .. . . . . . . 15
(6) Effect on Public-Domain Formats .. . . . . . . 15
(a) Public-domain Designators .. . . . . . . 15
(b) Paragraph Numbers .. . . . . . . 16
G. Review After Remand .. . . . . . . 16
(1) Opinion Not to Be Withdrawn . . . . . . . 16
(2) Supervisory Orders .. . . . . . . 16
(3) The New Opinion .. . . . . . . 17
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D. Capitalization .. . . . . . . 22
(1) Proper Nouns .. . . . . . . 22
(2) Governmental Units and Officials .. . . . . . . 23
(3) Common Noun Used as Title .. . . . . . . 24
(4) Documents .. . . . . . . 24
(5) Making Common Nouns Proper .. . . . . . . 24
(6) Headings .. . . . . . . 25
E. Illinois Counties .. . . . . . . 25
F. Contractions .. . . . . . . 26
G. Dashes .. . . . . . . 26
H. Abbreviations in Text .. . . . . . . 26
I. Numerals .. . . . . . . 26
(1) Clock Time .. . . . . . . 26
(2) Fractions .. . . . . . . 27
(3) Mathematical Expressions .. . . . . . . 27
(4) Money .. . . . . . . 27
(5) Percentages .. . . . . . . 27
(6) Proportions .. . . . . . . 27
(7) Game Scores .. . . . . . . 27
(8) Numbers Spelled Out .. . . . . . . 28
(9) Indefinite Expressions .. . . . . . . 28
(10) Related Numbers in Close Proximity .. . . . . . . 28
(11) Dates .. . . . . . . 28
(12) Decimals .. . . . . . . 29
(13) Numbers Larger Than 1 Million .. . . . . . . 29
(14) Consecutive Numerals .. . . . . . . 29
J. Name Suffixes .. . . . . . . 29
K. Attempted Crimes .. . . . . . . 29
L. Attorney Fees .. . . . . . . 29
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III. CITATION STYLE
A. Case Citations .. . . . . . . 30
(1) Signals .. . . . . . . 30
(Exception to Bluebook Rule 1.2)
(2) Illinois Official Reports .. . . . . . . 30
(Exception to Bluebook Table T1)
(3) Public-Domain Formats .. . . . . . . 31
(Exception from Bluebook Rule 10.3.3)
(4) United States Supreme Court .. . . . . . . 31
(5) Italicize Case Name .. . . . . . . 32
(Exception to Bluebook Rule 2.1(a))
(6) Prepositional Phrases of Location .. . . . . . . 32
(7) Abbreviations in Party Names .. . . . . . . 33
(Exception to Bluebook Rule 10.2)
(8) Date of Decision .. . . . . . . 33
(9) Illinois Administrative Agency Decisions .. . . . . . . 33
(a) Illinois Labor Relations Decisions .. . . . . . . 33
(b) Unpublished Agency Decisions .. . . . . . . 34
(10) Electronic Databases .. . . . . . . 34
(11) Slip Opinions .. . . . . . . 35
(12) Reference to Authoring Judge .. . . . . . . 35
(a) Lead Opinions .. . . . . . . 35
(b) Plurality Opinions .. . . . . . . 35
(c) Separate Opinions .. . . . . . . 35
(13) Case Histories .. . . . . . . 36
(14) Abstract Opinions .. . . . . . . 36
(15) Rule 23 Orders .. . . . . . . 37
(16) Short-form Case Citations .. . . . . . . 37
B. Illinois Legislative Enactments .. . . . . . . 38
(1) ILCS Overview .. . . . . . . 38
(2) Textual References .. . . . . . . 38
(a) Titles .. . . . . . . 38
(b) “Shortening” Short Titles .. . . . . . . 40
(c) Capitalization of Parts .. . . . . . . 40
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(3) Quoting Illinois Statutes .. . . . . . . 40
(a) Section Titles .. . . . . . . 40
(b) Footnotes .. . . . . . . 41
(c) Statutory History .. . . . . . . 41
(4) Citation of Illinois Compiled Statutes .. . . . . . . 41
(Exception to Bluebook Rule 3.3)
(5) Citation of Illinois Revised Statutes .. . . . . . . 43
(6) Citation of Annotated Statutes .. . . . . . . 43
(7) Public Acts .. . . . . . . 44
(8) Legislative Debates and Bills .. . . . . . . 44
(9) Governor’s Messages .. . . . . . . 44
(10) Illinois Administrative Rules .. . . . . . . . 45
(a) Illinois Register .. . . . . . . 45
(b) Illinois Administrative Code .. . . . . . . . 46
(1) Organization .. . . . . . . . 46
(2) Dates .. . . . . . . . 47
(3) Use With Illinois Register .. . . . . . . . 47
(11) Court Rules .. . . . . . . 48
(a) Illinois Supreme Court .. . . . . . . 48
(b) Illinois Appellate Court .. . . . . . . 49
(c) Circuit Courts .. . . . . . . 49
(12) Local Ordinances .. . . . . . . 49
(13) Constitutions .. . . . . . . 49
(14) United States Code .. . . . . . . 50
(15) IICLE .. . . . . . . 50
(16) Illinois Pattern Jury Instructions .. . . . . . . 50
(a) Civil .. . . . . . . 50
(b) Criminal .. . . . . . . 51
(17) Paragraph and Section Symbols .. . . . . . . 52
(18) Brackets .. . . . . . . 52
(19) Initials and Spaces .. . . . . . . 52
IV. Appendix
Supreme Court Rule 23 .. . . . . . . 53
Administrative order regarding public-domain case designators and
internal paragraphing of opinions under Rule 23 .. . . . . . . 55
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I. STRUCTURING AN OPINION
Additionally, all written orders disposing of an appeal under Supreme Court Rule
23(b) (eff. Jan. 1, 2011) must contain the following notice on the initial page of the
written order:
NOTICE: This order was filed under Supreme Court Rule 23 and may
not be cited as precedent by any party except in the limited circumstances
allowed under Rule 23(e)(1).
B. Party Information
(1) All Parties Listed
Owing to the generally unpublished nature of circuit court and administrative
proceedings, it is the appellate court’s opinion that first presents the public with a
record of the proceedings below. To fulfill this function, the appellate court’s opinion
must list all parties along with their relative positions (e.g., plaintiff, defendant, third-
party defendant, intervening plaintiff, etc.). Because this consideration is generally
not present in Supreme Court proceedings, its opinions use shortened titles.
(2) Proper Order Required
Parties’ names will generally appear in the caption as they were set forth in the
complaint, petition, or other document by which the action was initiated. However,
an appeal that was mistitled by the parties in the notice of appeal should be corrected
by the court before the opinion is filed. For example, should a defendant list his or
her name first in the notice of appeal (e.g., John Doe, Defendant-Appellant, v. The
People of the State of Illinois, Plaintiff-Appellee), the court should correct the title
to place the parties in their proper positions in the circuit court.
Positions on appeal before the appellate court should be indicated according to the
following examples:
Plaintiff-Appellant
Plaintiff-Appellee and Cross-Appellant
Defendant and Counterplaintiff-Appellant
Defendant and Third-Party Plaintiff-Appellee
Parties other than plaintiffs and defendants are indicated parenthetically after the
listing of both the plaintiff and the defendant. Note the punctuation and capitalization
in the following:
BOB WHITE, Plaintiff-Appellee, v. FIRST NATIONAL BANK, as
Trustee, Defendant (Stateville Title and Trust Company, Intervening
Plaintiff-Appellant).
(3) Appeals From Administrative Agencies
In appeals from administrative agency decisions, the title is based on the alignment
of the parties in either the circuit court or the appellate court where the action for
review was first filed. In the titles of administrative appeals that were initially filed
in the circuit court, use the terms “Plaintiff,” “Defendant,” “Appellant,” and
“Appellee” and not “Petitioner” or “Respondent.” In the titles of direct appeals to the
appellate court from administrative agencies, use the terms “Petitioner” and
“Respondent” and not “Appellant,” “Appellee,” “Plaintiff,” or “Defendant.” In the
text of administrative agency cases, refer to the parties either by name or by
descriptive terms such as “the Agency,” “the board,” “the corporation,” and so forth,
rather than as “petitioner” or “respondent.”
(4) Official Capacity
Regardless of the terminology used in the complaint or notice of appeal, where an
individual was made a party to the action in his or her official, and not personal,
capacity, that information should be added after the party’s name by a term
appropriate to the position, such as Governor, Secretary of State, Attorney General,
Judge, Director of Revenue, Trustee, Administrator (Adm’r), Executor or Executrix
(Ex’r), Individually and as Administrator (Indiv. and as Adm’r), etc. Even though the
party’s name may be placed in all-capital letters for style purposes, his or her capacity
is not.
(5) Illinois Department and Director Titles
In an appeal from a suit by or against the director of a state agency, or against the
agency itself, the opinion caption should incorporate the statutorily established title,
even though the parties may have neglected to do so. The names of the Illinois state
agencies and the titles of agency heads are set forth in the Departments of State
Government Law (20 ILCS 5/art. 5). Section 5-20 of that act establishes the
following titles for the agencies listed:
Director of Aging (Department on Aging)
Director of Agriculture (Department of Agriculture)
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Director of Central Management Services (Department of Central Management
Services)
Director of Children and Family Services (Department of Children and Family
Services)
Director of Commerce and Economic Opportunity (Department of Commerce and
Economic Opportunity)
Director of Corrections (Department of Corrections)
Director of the Illinois Emergency Management Agency (Illinois Emergency
Management Agency)
Director of Employment Security (Department of Employment Security)
Secretary of Financial and Professional Regulation (Department of Financial and
Professional Regulation)
Director of Healthcare and Family Services (Department of Healthcare and Family
Services)
Director of Human Rights (Department of Human Rights)
Secretary of Human Services (Department of Human Services)
Director of the Illinois Power Agency (Illinois Power Agency)
Director of Juvenile Justice (Department of Juvenile Justice)
Director of Labor (Department of Labor)
Director of the Lottery (Department of the Lottery)
Director of Natural Resources (Department of Natural Resources)
Director of Public Health (Department of Public Health)
Director of Revenue (Department of Revenue)
Director of State Police (Department of State Police)
Secretary of Transportation (Department of Transportation)
Director of Veterans’ Affairs (Department of Veterans’ Affairs)
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C. Cause of Action Information
While a reviewing court should endeavor to set forth the caption under which a
cause of action was filed, preserving poorly titled complaints in their original forms
should be avoided. Thus, nonsubstantive changes should be made in order that a
certain level of consistency be maintained to aid the bench and bar in locating
decisions within the body of Illinois law.
In proceedings involving some res that is the basis of the cause of action (such as
claims to an estate in probate, a bankrupt’s estate, proposed annexation of property,
etc.), the usual method of entitling the action is with the words “In re.” Adversarial
parties are not included in the main title but should be added parenthetically. In these
actions, the parties are “petitioners” and “respondents,” not “plaintiffs” and
“defendants.”
In adoption, juvenile court, and mental-health proceedings (see Ill. S. Ct. R. 330(b)
(eff. Oct. 1, 2001)), only the first name and last initial, or initials only, or a
pseudonym may be used where necessary to protect the identity of the minor or
recipient of mental-health services.
Examples of titles in specific causes are listed below.
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Note: For claims by an estate against another party, the “In re” form should not be
used. The action will generally be one of the estate, or its representative,
versus another: VERA WHITE, Ex’r of the Estate of Bob White, Plaintiff-
Appellant, v. ACME COMPANY, Defendant-Appellee.
Ex rel. Proceedings
THE PEOPLE ex rel. THE ENVIRONMENTAL PROTECTION
AGENCY, Plaintiff-Appellant, v. BOB SMITH, Defendant-Appellee.
Note: A relator’s name is given with “ex rel.” when the relator is a private citizen or
an agency of the state and is bringing an action in the name of the state.
Illinois Workers’ Compensation Commission
ACME COMPANY, Appellant, v. THE ILLINOIS WORKERS’
COMPENSATION COMMISSION et al. (Jane Doe, Appellee).
Note: The Illinois Workers’ Compensation Commission is always the nominal
defendant; the full title of the Commission should always be used.
In rem Proceedings
In re APPLICATION OF BOB WHITE, Pike County Collector (Bob
White, Petitioner-Appellant, v. Bill Black, Sue Black, Tom White, Edna
White, and All Unknown Owners of Parcel No. 133 in the Town of New
Salem, Respondents-Appellees).
Juvenile court proceeding
In re J.D., a Minor (The Department of Children and Family Services,
Petitioner-Appellant, v. Jane D., Respondent-Appellee).
Mandamus, prohibition or habeas corpus
BILL BROWN, Petitioner, v. BOB WHITE, Director of Corrections,
Respondent.
Marital dissolution
In re MARRIAGE OF JOHN DOE, Petitioner-Appellant, and JANE
DOE, Respondent-Appellee.
Mental health
In re GWENDOLYN H., a Person Found Subject to Involuntary
Medication (The People of the State of Illinois, Petitioner-Appellee, v.
Gwendolyn H., Respondent-Appellant).
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Admission or reinstatement to the practice of law
In re ROBERT B. WHITE, Petitioner.
Certified question under Supreme Court Rule 20
THE COUNTY OF PIKE, Appellant, v. JOHN BLUE, Appellee.
Motion for supervisory order
BOB WHITE, Petitioner, v. JANE DOE, Judge, Respondent.
Note: While there is no “appellant” in the usual sense here, the parties retain their
designations from the certifying court.
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JUSTICE SMITH delivered the judgment of the court, with opinion.
Justice Jones concurred in the judgment and opinion.
Justice Wilson dissented, with opinion.
Where one or two panel members specially concur or dissent with a separate opinion,
the special concurrence or dissent is noted, as with an opinion, but the phrase “with
opinion” is omitted.
JUSTICE SMITH delivered the judgment of the court.
Justice Jones concurred in the judgment.
Justice Wilson dissented.
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JUSTICE SMITH delivered the judgment of the court.
Justice Jones specially concurred.
Justice Wilson dissented.
E. Body
Immediately following the panel listing is either the word “OPINION” or, in the
case of an order filed under Supreme Court Rule 23(b), the word “ORDER.” In both
cases, the word should be printed in all-capital, boldface type. This is not a
“heading,” in the sense used below, but a document title indicative of type. Do not
use any qualifying terms, such as “Modified Opinion,” “Opinion Upon Remand,”
“Modified Upon Denial of Rehearing,” etc. If such a term must be added to make
clear that postfiling changes were made to the opinion, it should be added to the
filing-date line.
Under Supreme Court Rule 23, each paragraph of text is to be numbered
consecutively beginning after the heading “OPINION” or “ORDER.” (The first
numbered paragraph in a Rule 23(b) order will thus be the syllabus.) Specific
instructions for numbering paragraphs are given in the appendix section of this
manual.
(1) Rule 23 Syllabus
Under Supreme Court Rule 23(b), as amended effective January 1, 2011, all
written orders must contain a syllabus, that is, a statement of the holding of the court.
The syllabus serves as a substitute for headnotes, which have traditionally been added
to written opinions by case publishers. The syllabus can be much briefer than
headnotes in that it merely provides the reader a brief summary of the nature of the
case.
The syllabus to a Rule 23 order should be placed in a separate paragraph below the
word “ORDER” and should be set up as shown in the following example:
¶1 Held: Where evidence in first degree murder case was sufficient to support
giving defendant’s proffered instruction on self-defense, the trial
court’s decision not to give the instruction was in error and defendant
was granted a new trial.
The remainder of text of the order then begins on the next line, indented as a new
paragraph.
(2) Headings
Although the use of headings in an opinion is not required, readability of an
opinion is often assisted by the use of headings and subheadings, even where only a
single issue is addressed. If various levels of subheadings are used, it is necessary for
the levels to be distinguished either by the use of different typefaces for the different
levels (e.g., MAIN HEAD; Subhead; Sub-subhead) or by preceding each heading
with letters or numbers (e.g., I. Main Head; A. Subhead; 1. Sub-subhead; a. Sub-sub-
subhead) or by combining different type with letters and numbers (e.g., I. MAIN
HEAD; A. Subhead; 1. Sub-subhead).
Do not use underscore or boldface with a to distinguish one subheading from
another level of heading or subheading.
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(3) Background
To reach a judgment on appeal, a reviewing court must examine the established
facts and apply the public policy of the state, as expressed in its constitution, statutes,
and prior judicial decisions, to determine the rights and obligations of the parties to
the cause under review. However, there is no constitutional requirement that a court
enter a judgment by written opinion. (In fact, under Supreme Court Rule 23, the
appellate court may dispose of an appeal by entry of an unwritten, summary
disposition.)
Nevertheless, one of the guiding principles of our jurisprudence is that of stare
decisis, which holds that judges should look to past decisions for guidance and
answer questions of law consistent with precedent. Consequently, when a court
decides an issue with a written opinion, that ruling sets precedent for future cases
presenting identical or similar questions. Thus, where the court determines that an
appeal will advance development of our common law, it should express the rationale
for its judgment in an opinion that allows a lower court to determine the rights of
parties to an action when faced with an analogous fact pattern. However, too often
the background section of an opinion is viewed as merely the means of relating the
“story” of the litigation. But its function is far more important than that: it is the
portion of the opinion that first allows the court to set out those facts it deems
determinative of the judgment it will enter.
In determining whether an opinion should be followed, a court presented with a
cause will examine an earlier opinion for a similar or analogous fact pattern,
considering only those facts deemed by the reviewing court to be of primary
importance to its decision. Without an adequate recounting of facts pertinent to the
decision, the precedential value the opinion will be tremendously reduced. To aid the
lower court in making its determination, the background section of an opinion must
be written to minimize the importance of those facts the reviewing court deems
irrelevant to its decision. Additionally, those facts that led the court to find an appeal
controlled by a particular precedent should be set forth in the background section.
As for general information that should be included in the opening paragraphs of
an opinion, include the following information:
(a) The names of the original plaintiffs and defendants and of any party or
parties later added or dismissed from the case.
(b) The name of the county or agency from which the appeal or petition for
review was taken.
(c) The disposition of the case by the trial court and/or administrative agency.
(d) Prior appeals in the same, or a related, action and, in supreme court
opinions, the disposition of the case in the appellate court along with the appellate
court citation.
(e) Indication of the party or parties appealing or cross-appealing.
(4) Analysis
While the analysis portion of an opinion might span a hundred pages, its
overriding purpose can be stated quite succinctly: here the court discerns the relevant
public policy of the state, applies that public policy to the facts presented, and
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determines the rights of the parties to the action under review.
(5) Conclusion/Mandate Paragraph
Every opinion should have a conclusion wherein the court summarizes what it
found to be controlling law and its conclusions with respect to the rights of the
parties. Further, the opinion should set forth as a second, separate paragraph within
this section that allows the Clerk of the court to prepare the mandate. If the cause is
to be remanded, the concluding paragraph must make clear the court or agency to
which the remanded action is directed.
(6) Judgment Lines
Following the concluding paragraphs is the judgment line. The line is in ordinary
roman type and is set at the left-hand margin as a new paragraph, with each line an
independent, separate sentence. The judgment line is not, however, a substitute for
stating the disposition in the mandate paragraph.
If the cause is to be remanded, the judgment line indicates only the remand, not
its location. Affirmance or partial affirmance will be mentioned before reversal or
partial reversal. Concluding language such as “wherefore” or “and it is hereby so
decreed” is not used to introduce the judgment line.
The most common judgment lines are:
Affirmed.
Affirmed and remanded.
Affirmed and remanded with directions.
Affirmed as modified.
Affirmed in part and reversed in part.
Cause remanded.
Affirmed in part and vacated in part.
Appeal dismissed.
Appellate court judgment affirmed in part and reversed in part.
Circuit court judgment affirmed.
Appellate court judgment reversed.
Circuit court judgment affirmed.
Appellate court judgment vacated.
Circuit court judgment affirmed.
Certified question answered.
Judgment reversed.
Award reinstated. (Workers’ compensation cases.)
Judgments reversed. (Used to reverse judgments in two different cases or to
reverse appellate and circuit court judgments.)
Order affirmed.
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Order reversed.
Order vacated.
Petitioner conditionally reinstated.
Petitioner reinstated.
Petitioner remanded. (Habeas corpus cases where the petitioner is remanded
to custody.)
Respondent censured.
Respondent disbarred.
Respondent suspended.
Reversed and remanded.
Reversed and remanded with directions.
Supervisory order entered.
The judgment line will contain the words “with directions” only if the cause is
remanded with specific directions. These directions should be specified in the
conclusion of the opinion (or in the concluding language with respect to a particular
cause when more than one cause has been consolidated for review). If the remand is
for a new trial or “for further proceedings consistent with this opinion,” the judgment
line does not contain the words “with directions.”
If causes are consolidated and the judgments entered in each are different, they are
set out separately.
In the Supreme Court:
No. 102084, Affirmed.
No. 102096, Reversed and remanded.
In cases where the decision of an administrative agency is under review, courts act
to either “confirm” or “set aside” the decision of the agency. The words “affirmed”
and “reversed” are not appropriate in this context.
(7) Supreme Court Review
If an appeal has come through the appellate court and a judgment has been entered
there, it is that judgment which is pending before the court, and it must be disposed
of before reference is made to the circuit court judgment. If the judgment is to simply
affirm the appellate court, do not mention the circuit court in the final order. For
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clarity, however, it may be desirable to repeat in the final order what the appellate
court did with respect to the circuit court judgment. If the appellate court affirmed the
circuit court and the judgment is to reverse the circuit court, however, both the
appellate court and the circuit court judgments must be reversed. If the appellate
court judgment is not affirmed in all respects, in addition to reversing and/or vacating
the appellate court judgment in whole or in part, it will be necessary to state whether
the circuit court judgment is wholly affirmed or partially reversed and/or vacated.
The most common instances are:
Appellate court judgment reversed.
Circuit court judgment affirmed.
F. Postfiling Revisions
Once a judgment is entered by the appellate court, a party has 21 days to file a
petition for rehearing in the appellate court, unless the court orders otherwise. A party
may instead seek review by the Illinois Supreme Court by filing a petition for leave
-12-
to appeal in that court within 35 days of finality of the appellate court’s judgment.
Once a petition for leave to appeal has been filed in the Supreme Court, the appellate
court loses jurisdiction over the cause of action and may not withdraw or
substantively modify its filed opinion (People v. Collins, 202 Ill. 2d 59 (2002)); nor
may it file an additional separate opinion (People v. Turnage, 162 Ill. 2d 299 (1994)).
However, while the appellate court still retains jurisdiction, it may take certain
actions relative to its opinions, as outlined below.
(1) Corrections
After an opinion has been filed, the court may determine that revisions,
corrections, or other modifications may be required in the text of the filed opinion.
Where such changes involve misstatements of facts or other nonsubstantive matters,
it is generally sufficient to file a correction to the opinion with the district’s clerk,
according to the clerk’s established procedures. Regardless of a district’s practices
regarding corrections, the filing date of the judgment delivered by the opinion
remains the original date.
(2) Modifying Opinions After Withdrawal
Occasionally a reviewing court will discover errors in a recently filed opinion
sufficient to warrant filing modifications to the text of the opinion. For example, if
the court had stated the matter under review was one of first impression in Illinois,
but after filing sua sponte discovered a recent case on point from another district, the
court may wish to revise its opinion to acknowledge that other opinion. To do so it
will withdraw the previously filed opinion and substitute therefor a modified opinion.
(Again, this would be a prohibited, substantive action upon the judgment that the
court lacks the jurisdiction to take once a party files a petition for leave to appeal in
the Supreme Court.)
When modifying a previously filed opinion, it is necessary to indicate that the new
opinion is a modified opinion. This is done by adding the date of modification after
the phrase “Modified opinion filed” instead the standard “Opinion filed” line on page
1 of the opinion. Because the initially filed opinion has been withdrawn in these
circumstances, the original file date should not be retained. The date of filing line
will therefore be in the following form:
Modified opinion filed September 1, 2010.
Retain the word “OPINION” at the beginning of the text portion of the document
and do not replace with the word “Modified Opinion.”
-13-
following example:
Opinion filed February 19, 2010.
Modified upon denial of rehearing May 24, 2010.
Do not substitute “Modified Upon Denial of Rehearing” for the word “OPINION”
at the beginning of the text portion of the document.
(4) Supplemental Opinions
Upon consideration of a petition for rehearing, the court may decide to supplement
the originally filed opinion or a member of the panel may decide to write separately.
Any supplemental opinion, whether by the majority or in the form of a supplemental
special concurrence or supplemental dissent, must be appended to the conclusion of
the initially filed opinion and prior to any separate opinion(s). The title of the
document should be centered above the newly filed document, in the same manner
that the word “OPINION” was added at the beginning of the initially filed opinion,
and, like the lead opinion, will not contain a lead-in line. Thus, the supplemental
opinion will be in the following form:
SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING
In his petition for rehearing, defendant claims this court overlooked his
allegation that his counsel failed to ...
Where a member of the court decides to write separately upon denial of rehearing,
that document should follow any supplemental opinion by the majority or, in the
absence thereof, at the conclusion of the initially filed opinion and any accompanying
separate opinion(s). Add the phrase “SEPARATE OPINION UPON DENIAL OF
REHEARING” above the beginning of the document and use a lead-in line in the
standard form. The beginning of a supplemental separate opinion will be in the
following form:
The panel lines at the beginning of the opinion showing the relative positions of the
court need not be revised where only the lead opinion is supplemented upon denial
of rehearing. However, where a new separate opinion is filed, the lines must be
revised to reflect both the filing of the new separate opinion and to show that
justices’ revised positions where appropriate:
-14-
JUSTICE SMITH delivered the judgment of the court, with opinion.
Justice Wilson concurred in the judgment and opinion.
Justice Jones dissented upon denial of rehearing, with opinion.
-15-
Any further opinions arising from the same appeal shall be assigned an alphabetic
letter consecutive to the preceding opinion. Thus, if there is another remand and a
third opinion is filed under the same docket number, the letter “C” will be added:
2012 IL App (1st) 101159-C
However, such letters are added only after remand and not where the court has made
postfiling revisions to an opinion while retaining jurisdiction.
(b) Paragraph Numbers
Where revisions are made to an opinion following filing that result in the addition
of a new paragraph or paragraphs, the new paragraph(s) shall be denoted by use of
the paragraph number that preceded the new materials, plus the addition of
consecutive, alphabetical letters (e.g., ¶ 11b, ¶ 11c, etc.)
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(3) The New Opinion
The remanded cause will proceed under the previously assigned docket number
in the appellate court. When the appellate court files its new opinion or order, that
opinion is not a modified or revised one but simply a new opinion and is given a
new filing date, as well as a new public-domain designator. It is permissible, and
based upon the context often desired, for the new opinion to reference the previously
filed opinion and rely upon holdings therein to the extent doing so does not conflict
with the Supreme Court remandment order.
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common defen[s]e, promote the general [w]elfare, and secure the
[b]lessings of [l]iberty to ourselves and our [p]osterity[ ] do ordain and
establish this [c]onstitution for the United States of America.”
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(2) Asterisks for Parts of a Word
Where a word or phrase is being quoted that contains a word the court wishes to
shorted, such as to protect the identity of a minor or a victim of sexual abuse or
where the court prefers not to publish profane utterances, use three asterisks to
represent the end of the word, regardless of the number of letters omitted. The
asterisks follow flush against the first letter of the word, with no space if
punctuation is required or with a space if followed by another word:
The officer testified, “If defendant hadn’t been stopped, his next victim
would have been Lizzie B***, who lived next door.”
(3) Citations
To indicate the omission of a citation and any citation-related punctuation,
replace the citation with “[citation]” if the omitted reference was a citation clause
or with “[Citation.]” if the reference was to a citation sentence at the location of the
original citation. (Use “[citations]” or “[Citations.]” if more than one citation is
omitted; however, count a case citation and its accompanying related history or
parenthetical explanation as a single citation.) Do not insert asterisks for an omitted
citation. Where citations are omitted from a larger block of text that has been
replaced by asterisks, do not add “[citation].” The phrase “(Citations omitted.)”
following the quotation is not used.
(4) Punctuation in Statutory Subsections
When quoting a statute and the quoted portion of the material ends with a mark
of punctuation other than a period, add a period within square brackets at the end of
the subpart to conclude the quotation, as follows:
Ҥ 6.71. Except as otherwise provided in this Act, no female bison
or bulls more than 6 months of age shall be loaned, leased, traded or sold
in this State, except for slaughter, unless such bison either:
***
2. Are female 24 months of age or under which were officially
vaccinated against brucellosis with a licensed vaccine, are positively
identified, and are accompanied by an official certificate of
vaccination[.]”
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printer. Because these materials were not intended to be emphasized by the author
but merely reflect the printer’s choice of a display type, do not reproduce the
typeface in your quotation and do not indicate that emphasis was omitted.
(7) Quotation Marks
Generally, quoted material is enclosed in double quotation marks (even if set off
as a block quotation) and further quotations within that material are enclosed in
single quotation marks. However, readability can often be inhibited by multiple sets
of quote marks. If omission of a set or sets of quote marks will enhance the
readability of a passage, enclose the entire quotation within double quotation marks,
omit the interior quotation marks, and indicate that omission with the phrase
“(Internal quotation marks omitted.)” after the close of the quotation.
If both double and single are used, add one space between the single and double
quotation marks.
C. Block Quotations
(1) Paragraphing
Whether the first line of a paragraph is indented, set flush, or set further into the
left margin is a matter of typographical style. The typographical style for Illinois
reviewing court opinions requires an indention that is set into the paragraph. This
style is carried over in block quotations as well. Thus, when extracting materials for
a block quotation, retain the general paragraphing structure of the original, but
indent each paragraph, regardless of the style reflected in the original.
(2) When First Line Is Indented
Where a quotation includes the beginning of a paragraph in the extract, the block
quotation should also begin with an indented paragraph. If the initial word or words
of a paragraph are omitted, including section numbers if applicable, the opening line
of the block quotation begins flush left.
(3) Citations
If the block quotation requires a case or other authority citation, the citation
should also be placed with the margins of the block and not returned to the primary
left margin. Further, place the citation after the close of the quotation and any
indication of an alteration, such as “(Emphasis added.)” or “(Internal quotation
marks omitted.).”
Additional citations are returned to the left margin.
(4) Courtroom Testimony
Each paragraph of courtroom testimony is indented regardless of how it appears
in the transcript. Each new speaker starts a new paragraph, but a single speaker can
have more than one paragraph for statements made.
“MR. DAVEY [Assistant State’s Attorney]: Judge, I would ask that the
case be recalled. I believe that was an improper sentence under the statute.
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THE COURT: Bring out the defendant again, please.
***
THE COURT: Mr. Davey, you wish to make some objection to the
court’s authority to place the defendant on probation because he had a
previous conviction for burglary?
MR. DAVEY: That is correct.
***
MR. DAVEY: Under the statute I believe that this defendant is not
qualified for a sentence of probation.
THE COURT: Mr. Knutz [defense attorney], are you aware of the
section of the statute he is citing?”
-21-
corpus delicti inter alios quo warranto
de facto inter se res
de jure inter sese res ipsa loquitur
de minimis inter vivos res judicata
de novo ipso facto respondeat superior
dehors laches scienter
dicta lex fori scire facias
dictum lex loci semble
duces tecum lis pendens seriatim
e.g. mandamus sic
emeritus mens rea stare decisis
en banc modus operandi sua sponte
et seq. n.o.v. sub judice
ex officio nisi prius sub nom.
ex parte nolle prosequi [noun] sub silentio
ex rel. nolo contendere sui generis
forum non conveniens nunc pro tunc ultra vires
habeas corpus orbiter dictum vis-a-vis
habendum passim viz.
pendente lite voir dire
-22-
If a proper noun is used as an adjective to modify a common noun (e.g., the Holiday
Inn motel), the compound as a whole remains common and only the proper noun is
capitalized:
the Bloomington police department
the Chicago city counsel
the Cook County circuit court
the Cook County board of supervisors
the Du Page County jail
the Madison County board
Governmental Units:
Appellate Court, Fourth District (or the Fourth District but the district)
Appellate Court, First District, Third Division (or the Third Division)
Congress (but not congressional)
Illinois Supreme Court (but the supreme court)
Illinois Appellate Court (but the appellate court)
Eighteenth Judicial Circuit
Environmental Protection Agency
General Assembly
Ninety-eighth Congress
Peoria Housing Authority
Pike County Unit School District No. 10
United States Supreme Court (or Supreme Court or Court)
Governmental Officials:
Attorney General
Director of Corrections (or the Director)
Governor
Justice
President (federal)
Representative (federal or state)
Senator (federal or state)
State Appellate Defender
State’s Attorney (but, the assistant State’s Attorney)
Note: County-level officials, such as the Cook County public guardian and local public
defenders, are not state-level officers and thus their titles are not capitalized
where they do not precede the office holder’s name.
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(3) Common Noun Used as Title
Capitalize the titles of local public offices (county, municipal, etc.) when used in the
adjective form and immediately preceding an officer’s name, but not when standing
alone:
Assistant State’s Attorney White
Detective Smith
Livingston County Public Defender Smith
Madison County Board President Doe
Mayor Bob Smith
Titles that indicate a profession, even when proceeding a name, are not capitalized:
attorney Smith
baseball player Robinson
nurse Brewer
police officer Jones
(4) Documents
Do not capitalize the descriptive name of a legal document or subparts thereof:
count I
fourteenth amendment
motion for summary judgment
order
paragraph
section 8.1
writ of habeas corpus
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marks) immediately following the common form:
During the summer of 1999, Midwest Foundation Corporation entered into
a joint venture (hereinafter, the Joint Venture) with Halverson Construction
Company, Inc., in connection with a project undertaken by the Illinois
Department of Transportation.
Add any additional phrase within the parenthesis where required:
“The automobile dealerships and their owners (hereafter collectively referred to
as the Dealerships) were made parties to the suit.”
However, because retention of the lowercased, common-noun word form as a general
term of classification generally aids readability, do not use the capitalized word form
unless clearly warranted by the topic of the opinion.
(6) Headings
In headings of an opinions, capitalize all words except the following when used as
an article, conjunction, or preposition: a, an, and, as, at, but, by, for, if, in, nor, of, off,
on, or, out, the, to, up.
E. Illinois Counties
The proper spelling of Illinois counties is as follows (note the space used between
words in some county names):
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F. Contractions
With the exception of the word “o’clock,” contractions are not to be used in an
opinion.
G. Dashes
Where a dash is grammatically used or required, such as to denote parenthesis use
either two hyphens or an em dash (—). No space precedes or follows a dash, except a
space follows the dash where it represents the end of a word for which letters have been
omitted in materials being quoted. Use a single hyphen, rather than an em dash or two
hyphens, in section or docket numbers.
H. Abbreviations in Text
Abbreviations should be used only sparingly in text. (Abbreviations in citations is
controlled under “Citation Style,” infra.) Generally, abbreviate only those words that
precede or follow personal names (such as Mr., Ms., Mrs., Jr., Sr., Esq., M.D.), that
denote expressions of time (such as a.m., p.m., CST, A.D., B.C.), and those few
miscellaneous expressions that generally appear primarily in their abbreviated form
(such as i.e., e.g., et al., f.o.b., No.). Abbreviate, in text, the words “Limited” (Ltd.) and
“Incorporated” (Inc.) when a part of a business name, but not words such as“Brothers,”
“Company,” or “Corporation,” unless the actual title of the business uses the
abbreviated form.
The following words or phrases are often abbreviated in documents where the
emphasis is on communicating data in its briefest form. These and similar words and
phrases should not be abbreviated in a court opinion:
centimeters (not cm) ounce or ounces (not oz.)
feet or foot (not ft.) pound or pounds (not lb.)
inch or inches (not in.) revolutions per minute (not rpm)
mile or miles (not mi.) square feet (not sq. ft.)
miles per gallon (not mpg) square meter (not sq. m.)
miles per hour (not mph) yard or yards (not yd.)
-26-
(2) Fractions
Fractions standing alone or if followed by the words “of a” or “of an” are generally
spelled out.
three-fourths of an inch; not ¾ inch or ¾ of an inch
one-half inch
One-hundredth of 1%; not 1/100 of 1%
But: ½ to 1¾ pages, ½-inch pipe, ½-inch-diameter pipe, 3½ cans
(4) Money
The dollar sign ($) should be used in lieu of the word “dollar.”
$3.65
$0.75
$3 (not $3.00)
$5 million
(5) Percentages
Use a percent sign (%) rather than the word “percent” with a numeral. Because a
sentence should not begin with a numeral, the sentence should be restructured to avoid
the use of the spelled-out number and the word “percent.”
5%
Five percentage points
(6) Proportions
1 to 4
A 5 to 4 majority
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(8) Numbers Spelled Out
Numbers of less than 100 preceding a compound modifier containing a figure are
spelled out:
Ten 4¾-inch boards; Twelve 10-inch guns
But: 120 12-inch boards
Note: The words “nearly,” “about,” “around,” “approximately,” etc., do not constitute
indefinite expressions for these purposes.
(11) Dates
When the day follows the month, use cardinal figures (1, 2, 3, etc.). When the day
precedes the month or stands alone, use ordinal words (the first, the second, the third,
etc.):
November 11 was the day.
It happened on the third of the month.
Omit the commas when only the month and year are used:
November 1957 was the month that ***.
But: November 11, 1957, was the day that ***.
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(12) Decimals
In text, a zero should be supplied before a decimal point if there is no unit, and zeros
should be omitted after a decimal point unless they indicate exact measurements.
0.25 inch; 1.25 inches
silver 0.900 fine
specific gravity 0.9547
But: .38-caliber handgun
J. Name Suffixes
The abbreviations “Jr.,” “Sr.,” “Inc.,” and “Ltd.” require both preceding and
following commas when used with a full name in text:
John Doe, Jr., was the prime suspect.
Commas are not necessary when using these terms with only the first name:
John Jr. was the prime suspect.
Preceding and following commas are not used in names such as “John Doe III.”
K. Attempted Crimes
Crimes of attempt are referred to as “attempted murder,” “attempted battery,” etc.,
or “attempt to commit murder,” “attempt to commit battery,” etc., rather than the
ungrammatical “attempt murder” or “attempt battery.” Use of a parenthetical phrase,
such as in “he was convicted of attempt (murder),” is also acceptable.
L. Attorney Fees
Use the phrase “attorney fees” rather than “attorney’s fees” or “attorneys’ fees.”
-29-
III. CITATION STYLE
Bluebook
The official style guide for Illinois reviewing court opinions is The Bluebook, A
Uniform System of Citation (19th ed. 2008), except to the extent specific rules are
modified herein. Not all rules below represent a departure from the Bluebook rules;
many expand upon the rules for authorities that are specific to Illinois practice. Further,
the Bluebook contains two typeface conventions: one intended for law journals, which
most notably uses large and small capital letter as a type style; and a second style
intended for more common forms of legal writing. It is the latter set of typeface
conventions that should be used in Illinois reviewing court opinions.
A. Case Citations
(1) Signals
(Exception to Bluebook Rule 1.2)
Typeface of signals is in roman and not italic typeface, except for the signal “contra”
and the abbreviations “cf.” and “e.g.”
(2) Illinois Official Reports
(Exception to Bluebook Table T1)
Always cite to Illinois’s official reports (Illinois Reports (Ill. or Ill. 2d) or Illinois
Appellate Court Reports (Ill. App., Ill. App. 2d, or Ill. App. 3d) for opinions published
therein. For Illinois cases filed on or after July 1, 2011, and for any case not published
in the Illinois Official Reports prior to that date and for which a public-domain citation
has been assigned, the public-domain citation shall be given and, where appropriate,
pinpoint citations to paragraph numbers shall be given. See Ill. S. Ct. R. 6 (eff. July 1,
2011). Cite to Illinois Official Reports public-domain opinions as follows:
People v. White, 2011 IL 109689
People v. White, 2011 IL 109689, ¶ 139
People v. Brown, 2012 IL App (1st) 091940
People v. Brown, 2012 IL App (1st) 091940, ¶¶ 63, 64
Cross-referencing, internal citations within an opinion take the following form:
Supra ¶ 12
Infra ¶ 32 (White, J., dissenting)
Parallel citations to the North Eastern Reporter (N.E. or N.E.2d) are not given for
Illinois cases cited in supreme court opinions. Parallel citations for Illinois cases in the
North Eastern Reporter may be given in appellate court opinions, but are not required.
However, if citations to both the Illinois Official Reports and the North Eastern Reporter
are used, they must be given throughout the opinion. Citations to Illinois Decisions,
Westlaw, and Lexis-Nexis shall not be used.
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Citations to the first 10 volumes of the Illinois Reports do not use the Reporter of
Decisions’ name as part of the cite:
Fail & Nabb v. Goodtitle, 1 Ill. 201 (1826)
Not: Fail & Nabb v. Goodtitle, 1 Ill. (Breeze) 201 (1826)
Although the state is divided into five judicial districts, the sole purpose of that
division is to define the political units from which judges of the appellate and supreme
courts are to be selected. There is, though, but one Illinois Appellate Court. People v.
Granados, 172 Ill. 2d 358, 371 (1996). A non-public-domain citation to an opinion of
the appellate court therefore does not call for an indication of the district, unless that
information is of particular relevance to the discussion. In that case, indicate the district
parenthetically along with the year of decision:
We recognize the difference of opinion on this issue among the districts of
the Illinois Appellate Court. Compare People v. Smith, 141 Ill. App. 3d 797
(3d Dist. 1986), with People v. Williams, 142 Ill. App. 3d 266 (5th Dist.
1986).
(3) Public-Domain Formats
(Exception to Bluebook Rule 10.3.3)
As directed in the Bluebook, for those states that have adopted a public-domain
system of citation, cite according to the state’s public-domain format. However, for
those states, including Illinois, that have adopted a public-domain format that uses
paragraph numbers and the citation requires a pinpoint citation, do not add a pinpoint
citation to the regional reporter, regardless of the state’s preference. For example, the
Maine Supreme Court has adopted a public-domain citation form that includes the
calendar year, the state’s postal code, and the sequential number assigned by the court
to its opinions, in the following form:
Smith v. Jones, 1997 ME 7, 685 A.2d 110
The Maine court further requires that pinpoint citations shall be made by reference to
paragraph numbers assigned by the court and to specific pages of the Atlantic Reporter,
giving the following example:
Smith v. Jones, 1997 ME 7, ¶ 14, 685 A.2d 110, 115
An Illinois reviewing court opinion citing to a specific paragraph within a Maine
opinion need cite only to the calendar year, the state’s postal code, the sequential filing
number, and the relevant paragraph number(s). A pinpoint page cite to the regional
reporter shall not be used.
Please note also that, regardless of a state’s preferred public-domain citation format,
a comma follows the sequential number if a paragraph symbol is used, and there is a
space between the paragraph symbol and the number.
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For an opinion that has not yet been reported in the U.S. Reports advance sheets,
leave a blank for the beginning page number, as well as any required pinpoint, and add
a citation to West’s Supreme Court Reporter (S. Ct.), including any applicable pinpoint
page.
Lewis v. City of Chicago, 560 U.S. __ , __, 130 S. Ct. 2191, 2220 (2010)
-32-
(7) Abbreviations in Party Names
(Exception to Bluebook Rule 10.2)
Use the following abbreviations, and only the following abbreviations, for party
names in a case citation:
& (And) Inc. (Incorporated)
Ass’n (Association) Ltd. (Limited)
Co. (Company) No. (Number)
Cos. (Companies) Nos. (Numbers)
Comm’n (Commission) R. (Rail)
Corp. (Corporation) R.R. (Railroad)
Corps. (Corporations) Ry. (Railway)
Do not abbreviate the first word in the name of a party. Also, a word that might
otherwise be abbreviated, such as “Company,” should not be shortened in the limited
circumstance where it is not used in the sense of indicating a business designation but
rather is used as a integral part of the business’s name. Similarly, an article that is
generally omitted, such as “The,” is retained where it is an integral part of the business’s
name:
The Company Man, Inc. v. Robinson
Not: Co. Man, Inc. v. Robinson
-33-
ILCS 315/5.1 (West 2010) dissolved the Illinois State Labor Relations Board and the
Illinois Local Relations Board and transferred their jurisdiction and authority to the State
Panel and the Local Panel of the Illinois Labor Relations Board. Owing to this change,
the cite forms will be different depending on when an decision was filed.
Citations to decisions of the Illinois State Labor Relations Board take the following
form:
Pleasure Driveway & Park District of Peoria, 6 PERI ¶ 2042 (ISLRB
1990)
Citations to decisions of the Illinois Labor Relations Board, State Panel and Local
Panel, take the following form:
American Federation of State, County & Municipal Employees, Council
31, 24 PERI ¶ 84 (ILRB State Panel 2008)
Metropolitan Pier & Exposition Authority, 22 PERI ¶ 87 (ILRB Local
Panel 2006)
Citations to Illinois Educational Labor Relations Board decisions take the following
form:
Spraggins-Gully, 16 PERI ¶ 1043 (IELRB 2000)
Note: In certain instances the Public Employee Reporter for Illinois (PERI) does not
reflect the proper name of the agency (e.g., “Illinois Labor Board” instead of
“Illinois Labor Relations Board”). Nevertheless, a citation to such a decision
must reflect the proper abbreviated name of the board.
-34-
affect the precedential value of that opinion. Therefore, for recent decisions it is
important to verify the status of any opinion found on an electronic database to
determine whether the court has taken final action on the case and has released the
opinion for publication. For Illinois Supreme and Appellate Court opinions, this can be
determined by verifying that an Official Reports version of the opinion has been posted
to the courts’ Web site. An opinion that is not final should not be cited without that
status being noted.
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In citing a concurring or dissenting opinion in which another justice or justices have
joined, the style is:
Gonzalez v. Prestress Engineering Corp., 115 Ill. 2d 1, 15 (1986) (Ryan,
J., dissenting, joined by Moran, J.)
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in abstract form. Abstract opinions should be cited in the following form:
People v. Whitson, 31 Ill. App. 3d 49 (abstract of op.)
(15) Rule 23 Orders
In 1972, the Illinois Supreme Court adopted Rule 23, which authorized the appellate
court to affirm a judgment by “memorandum opinion” under specific circumstances.
Unlike abstracted opinions, however, cases disposed under Rule 23 are not precedential
and may only be cited “to support contentions of double jeopardy, res judicata,
collateral estoppel or law of the case.” They are also cited simply to give the reader a
fuller understanding of the history of a case.
Although Rule 23 orders are not published, their titles, docket numbers, filing dates,
and dispositions are given by district in the back of relevant Illinois Appellate Court
Reports, Third Series. Citation to a Rule 23 order found in the tables of the Illinois
Appellate Court Reports may be as follows:
People v. Castro, 127 Ill. App. 3d 1159 (1984) (table) (unpublished
order under Supreme Court Rule 23)
For Rule 23 orders filed prior to July 1, 2011, the citation may also be given by title,
docket number, and date of filing:
People v. Castro, No. 1-83-2151 (1984) (unpublished order under
Supreme Court Rule 23)
For Rule 23 orders filed after July 1, 2011, citation shall be according to its public-
domain designator:
People v. Brown, 2011 IL App (5th) 090400-U
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B. Illinois Legislative Enactments
(1) ILCS Overview
Public Act 87-1005 (eff. Sept. 3, 1994), codified the public acts of Illinois as the
Illinois Compiled Statutes, or ILCS. While the Act provides for the compilation of the
general acts of this state, it must be noted that the ILCS establishes an organizational
scheme only; it is not a replacement of the General Assembly’s practice of enacting
titled public acts. Instead, publication of the text of those acts has been performed by
unofficial publishers such as West and Lexis-Nexis. Thus, the ILCS designation is used
for citation purposes only.
Also, in any case where a statute is alleged to have governed the conduct at issue, it
is axiomatic that the public act in effect on the relevant date, or dates, is the governing
law. Yet, a bound edition of West’s ILCS publication might contain the text of several
public acts that became effective, and then amended, during the period since the
previous publication. Further, an edition will contain those public acts enacted during
the year shown on the spine of the bound volume, even though those public acts might
not become effective until the following year. For example, West shipped the 2004
ILCS during the spring of 2005. Even though it appears in West’s 2004 edition of the
ILCS, section 11-501 of the Illinois Vehicle Code (735 ILCS 5/11-501 (West 2004))
contains Public Act 93-1093, which became effective on March 29, 2005. In fact, the
version of section 11-501 in 2004 ILCS contains seven public acts that became effective
on various dates between the publication of the 2002 and the 2004 ILCS.
Always refer to an act by its full, official short title in an initial textual reference. This
title is usually given in the first, last, or next to the last section of the act, and it may be
necessary to examine later amendments of the act for a short title. Do not capitalize the
word “the” when used before a short title, even if done so in the act: “As provided in the
School Code ***.”
Through legislative action, some well-known acts have been integrated into more
comprehensive acts. For example, what was once known as the Dead-Man’s Act is now
a single section of the Code of Civil Procedure (735 ILCS 5/8-201 (West 2010)).
Because the titles of these older acts appear throughout Illinois case law, and their titles
would be more readily recognized than the present section or article numbers of the acts
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into which they have been incorporated, it is permissible to continue to refer to them by
their former titles. The following shows those older acts and the more comprehensive
acts into which they have been incorporated.
(1) In the Code of Civil Procedure:
Dead-Man’s Act
735 ILCS 5/8-201 (West 2010)
or 735 ILCS 5/art. VIII (West 2010)
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(b) “Shortening” Short Titles
It is sometimes preferable to shorten the official short title of an act to aid the
readability of the opinion after the act has initially been cited in full. The preferable
method is as follows:
Those rights are guaranteed under section 2-1000 of the Mental Health
and Developmental Disabilities Code (the Code) (405 ILCS 5/2-100
(West 2010)).
Where more than one act or code is discussed in an opinion, however, it might be
necessary to use a fuller reference to the act:
Those rights are guaranteed under section 2-100 of the Mental Health
and Developmental Disabilities Code (the Mental Health Code) (405
ILCS 5/2-100 (West 2010)).
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enacted by the General Assembly. Such titles will always follow the section number of
the act.
(b) Footnotes
Often the General Assembly will refer to another act within the section of the act
being quoted. The footnoting of the quoted section, however, is by the publisher, not the
legislature. Omission of a footnote number is not indicated.
(c) Statutory History
The statutory history that follows a section of an act has been added by the publisher
and is not a part of the act. The following example, taken from section 1b of the Non-
Support of Spouse and Children Act (750 ILCS 15/1b (West 2010)), demonstrates the
above:
“15/1b. Prosecutions by Attorney General
§ 1b. In addition to enforcement proceedings by the several State’s
Attorneys, a proceeding for the enforcement of this Act may be instituted and
prosecuted by the Attorney General in cases referred to his office by the
Department of Public Aid as provided in Section 12-16 of ‘the Illinois Public Aid
Code’,1 wherever, as a consequence of the defendant’s failure to provide support,
the Department of Public Aid has expended assistance as defined in `The Illinois
Public Aid Code’2 to or in behalf of the spouse or child or children of the
defendant.
Laws 1915, p. 470, § 1b, added by Laws 1965, p. 1325, § 1, eff. July 8, 1965.
Amended by P.A. 77-928, § 1, eff. Aug. 17, 1971.
Formerly Ill. Rev. Stat. 1991, ch. 40, ¶ 1103, transferred from Ill. Rev. Stat., ch.
68, ¶ 24b.
1
305 ILCS 5/12-16.
2
305 ILCS 5/1-1 et seq.”
In this case, it would not be proper to refer to section 1b of the Non-Support of Spouse
and Children Act as being entitled “Prosecutions by Attorney General,” as that section
has no official title. Also, a quotation of the section would not include the footnote
references or the historical materials following the section’s concluding phrase “or
children of the defendant.”
(4) Citation of Illinois Compiled Statutes
(Exception to Bluebook Rule 3.3)
Every initial reference to an Illinois statute must be followed by a citation to the
Illinois Compiled Statutes (ILCS), if the act is found therein. Citation of the Illinois
Compiled Statutes is according to section 5.04 of the Legislative Reference Bureau Act,
which provides, in relevant part:
“[The] general Acts [shall be divided] into major topic areas and into
chapters within those areas ***. Chapters shall be numbered. Each Act shall
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be assigned to a chapter and shall be ordered within that chapter. An Act
prefix number shall be designated for each Act within each chapter.
Chapters may be divided into subheadings. Citation to a section of ILCS
shall be in the form ‘X ILCS Y/Z (A)’, where X is the chapter number, Y is
the Act prefix number, Z is the Section number of the Act, Y/Z is the section
number in the chapter of ILCS, and A is the year of publication, if
applicable.” 25 ILCS 135/5.04 (West 2010).
Once the ILCS citation has been given for a specific section, it is permissible to refer
to the section without repeating the ILCS citation. However, references to other sections
of the act would still require an ILCS citation.
Because the ILCS establishes an organizational scheme only, every citation to the
Illinois Compiled Statutes must contain both the name of the publisher and the year of
the volume containing the appropriate public act. In general, the year of publication
would be the year of the volume that contains the public act applicable to the occurrence
or transaction involved. Because ILCS compilations are only a source for the pertinent
public acts, the publisher and date information is vitally important to a correct citation
of the appropriate public act. The publisher’s name and the year of publication are given
parenthetically at the conclusion of the ILCS designation:
720 ILCS 5/7-1 (West 2010)
720 ILCS 5/9-1 (West Supp. 1993)
Use the publisher’s name parenthetically with the date, and not publisher-
Note:
recommended phrases such as “(State Bar Edition 1992).”
When more than one provision is cited, the citation may be as follows:
Please note that under Bluebook Rule 3.3, a citation to consecutive sections uses
inclusive numbers (e.g., 28 U.S.C. §§ 1 to 6) and thus use of “et seq.” is specifically
prohibited, even when citing an entire act. Further, Bluebook Rule 3.3 provides that
when citing multiple sections which contain identical digits or letters separated by a
punctuation mark, those elements that precede the punctuation mark may be omitted.
Do not follow these portions of Rule 3.3. Use of “et seq.” to denote an entire act is
allowed, and retain all elements of the section number:
720 ILCS 5/1-1 et seq. (West 2010)
735 ILCS 5/2-615, 2-619 (West 2010)
Not: 735 ILCS 5/2-615, -619 (West 2010)
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735 ILCS 5/art. XIII (West 2010)
Article V of chapter III of the Mental Health and Developmental Disabilities Code
would be cited as follows:
405 ILCS 5/ch. III, art. V (West 2010)
Where a statutory provision has been repealed or where the provision has been
recodified, such information should be parenthetically added to the basic citation:
The permit required under the Mass Gatherings Act (Ill. Rev. Stat. 1983,
ch. 111½, ¶¶ 901 to 915 (repealed by Pub. Act 84-1064, § 3 (eff. Nov.
27, 1985))) was issued by the authorities.
Numbered or lettered statutory subsections are always given parenthetically within
round brackets, even if not set out in brackets in the original:
705 ILCS 505/9(A) (West 2010)
Not: 705 ILCS 505/9A (West 2010)
Unless relevant to the discussion, do not indicate the current ILCS citation.
(6) Citation of Annotated Statutes
Annotated versions of the Illinois Compiled Statutes, such as West’s Smith-Hurd
Illinois Compiled Statutes Annotated and Illinois Annotated Statutes, or Michie’s
Illinois Compiled Statutes Annotated, are generally cited only with reference to a
council commentary, historical and practice note, or similar material found therein. In
such cases, use the following form:
725 ILCS Ann. 5/106-1, Committee Comments-1963, at 351 (Smith-
Hurd 1992)
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Ill. Ann. Stat., ch. 110, ¶ 2-619, Historical & Practice Notes, at 662
(Smith-Hurd 1983)
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(10) Illinois Administrative Rules
(a) Illinois Register
Since 1978, all proposed and adopted administrative rules of Illinois state agencies
have been published in the Illinois Register, which is issued weekly and organized
annually by volume number and consecutively paginated (with the exception of the first
year of publication, when each issue was individually paginated). The Illinois Secretary
of State, as custodian of the Illinois Register, has made the Register available in a hard-
copy version since its initial publication and, for those administrative agency rules
proposed and adopted since volume 26 in August of 2002, in a Web-published form at
http://ilsos.net/departments/index/register/home.html.
Additionally, under the Illinois Administrative Procedure Act, the Secretary of State
has been directed to develop and maintain a codification system for the administrative
rules of all Illinois state agencies effective on or after October 1, 1984. In 1985, this plan
for codification was finalized by the Secretary and the first nine volumes of the Illinois
Administrative Code were published. In 1998, the Secretary adopted final rules that
formally restructured the Administrative Code as of July 1 of that year.
Thus administrative rules adopted prior to July 1984 are cited to the Illinois Register,
while permanent rules adopted after that date are generally cited to Illinois
Administrative Code. However, because the Administrative Code contains only
permanently adopted rules, the Illinois Register must be cited for other rulemaking
activities, such as proposed rules, amendments to or repealers of existing rules, and rules
promulgated by emergency or peremptory action.
A citation to an adopted, permanent rule as published in the Illinois Register takes
the following form:
6 Ill. Reg. 5981 (eff. May 3, 1982)
Because a proposed rule has no effective date, indicate parenthetically the date of the
Illinois Register issue in which it was published as a proposed rule:
29 Ill. Reg. 2149 (proposed Feb. 14, 2005)
Emergency rules or amendments are adopted when an agency believes a situation
exists that constitutes a threat to the public interest, safety or welfare. They are in effect
for a maximum of 150 days and may or may not be replaced by regular rules.
Peremptory rules or amendments are those necessitated by federal laws, federal rules or
court orders that preclude compliance with the general rulemaking requirements of the
Illinois Administrative Procedure Act. The nature of such rules is noted parenthetically,
along with their effective dates:
36 Ill. Reg. 4150 (emergency rule eff. Feb. 29, 2012)
36 Ill. Reg. 4158 (peremptory amendment eff. Mar. 5, 2012)
A pinpoint citation to a page in the Illinois Register requires both the page upon
which the regulation begins and the specific page:
29 Ill. Reg. 2149, 2154-55 (proposed Feb. 14, 2005)
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Note: In a few instances, the page numbering between the hard-copy versions of the
Illinois Register and the Web site’s electronic version vary by one or two
numbers. Where there is a discrepancy, use the pagination on the Web site.
Occasionally, however, items such as illustrations are used as subparts of one another.
See, e.g., 1 Ill. Adm. Code 100.Appendix A (where several appendices contain
illustrations). In such cases, a citation to the primary section is required even if the
illustration, exhibit, etc., is designated a section rather than a subsection. For example,
each of the five appendices in title 1, part 100, contains an illustration labeled “Section
100.ILLUSTRATION A.” Even though the structure of the part reveals those
illustrations to be subparts of specific appendices, each is labeled as if it were a separate
section. In such cases, where the context shows an illustration, table, or exhibit to be a
subsection of an appendix, cite to the appendix as the primary section and, if required
for clarity, parenthetically indicate the illustration, as follows:
1 Ill. Adm. Code 100.Appendix A (Illustration A) ([year])
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(2) Dates
A general reference to a title and part or subpart requires no specific date:
“Rules concerning the Department’s rental of boats at its facility have been
adopted. See 17 Ill. Adm. Code 210.”
When citing to a specific section, however, and reference to the rule’s publication in
the Illinois Register is not given, indicate the year of the most recent action on the rule
(either adoption or amendment), as shown at the conclusion of the section:
1 Ill. Adm. Code 100.1200 (1994)
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additional citation to the Illinois Register:
77 Ill. Adm. Code 527.600(b) (2011)
or: 77 Ill. Adm. Code 527.600(b), amended at 35 Ill. Reg. 7708 (eff. Apr.
27, 2011)
But not: 77 Ill. Adm. Code 527.600(b) (2011), amended at 35 Ill. Reg. 7708 (eff.
Apr. 27, 2011)
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(b) Illinois Appellate Court
Under Supreme Court Rule 22(h) (eff. Dec. 1, 2008), each district of the appellate
court may adopt “local rules” for that govern appellate practices in that district. Cite
these local rules as follows:
Ill. App. Ct., First Dist., R. 4 (July 1, 2008)
Ill. App. Ct., Second Dist., R. 100 (Apr. 6, 2010)
Ill. App. Ct., Third Dist., Admin. Order 39 (Oct. 11, 1995)
Ill. App. Ct., Fourth Dist., R. 6 (Mar. 1, 2010)
Ill. App. Ct., Fifth Dist., Admin. Order (Apr. 1, 2010)
Where the ordinance is one of a non-Illinois municipality or county, give the name
of the state parenthetically, using the postal abbreviation:
Phoenix (AZ) Municipal Code § 1 (eff. Jan. 1, 1958)
(13) Constitutions
The following forms should be used in citing constitutions and their commentary:
U.S. Const., art. I, § 9
U.S. Const., amend. XIV
Ill. Const. 1970, art. I, § 9
Ill. Const. 1870, art. VI (amended 1964), § 1
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Ill. Ann. Stat., 1970 Const., art. XIII, § 8, Constitutional Commentary,
at 310-11 (Smith-Hurd 1971)
ILCS Ann., 1970 Const., art. XIII, § 8, Constitutional Commentary
(Smith-Hurd 1983)
(15) IICLE
In citing to Illinois Institute for Continuing Legal Education publications, cite to an
individual article as if it were in a legal periodical (author’s name and first initial and
article title in italics), then indicate that the article is “in” the appropriate main volume,
as follows:
Francis Hess, Terminating Installment Contracts, in Illinois Real Estate
Litigation § 12.5 (Ill. Inst. for Cont. Legal Educ. 1984)
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Third edition:
Illinois Pattern Jury Instructions, Civil, No. ___ (3d ed. 1994) (hereinafter,
IPI Civil 3d No. __)
(b) Criminal
There have been four editions of the Illinois Pattern Jury Instructions, Criminal,
issued since 1968. Unlike the civil instructions, all criminal instructions have been
issued in a serial-edition format, with soft-cover supplements. The appropriate edition
should be cited as follows.
First edition:
Illinois Pattern Jury Instructions, Criminal, No. ___ (1st ed. 1961)
(hereinafter, IPI Criminal No. __)
Illinois Pattern Jury Instructions, Criminal, No. ___ (1st ed. Supp. 1965)
(hereinafter, IPI Criminal No. __ (Supp. 1965))
Second edition:
Illinois Pattern Jury Instructions, Criminal, No. ___ (2d ed. 1981)
(hereinafter, IPI Criminal 2d No. __)
Illinois Pattern Jury Instructions, Criminal, No. ___ (2d ed. Supp. 1987)
(hereinafter, IPI Criminal 2d No. __ (Supp. 1987))
Illinois Pattern Jury Instructions, Criminal, No. ___ (2d ed. Supp. 1989)
(hereinafter, IPI Criminal 2d No. __ (Supp. 1989))
Third edition:
Illinois Pattern Jury Instructions, Criminal, No. ___ (3d ed. 1992)
(hereinafter, IPI Criminal 3d No. __)
Illinois Pattern Jury Instructions, Criminal, No. ___ (3d ed. Supp. 1992)
(hereinafter, IPI Criminal 3d No. __ (Supp. 1992))
Illinois Pattern Jury Instructions, Criminal, No. ___ (3d ed. Supp. 1996)
(hereinafter, IPI Criminal 3d No. __ (Supp. 1996))
Fourth edition:
Illinois Pattern Jury Instructions, Criminal, No. ___ (4th ed. 2000)
(hereinafter, IPI Criminal 4th No. __)
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Illinois Pattern Jury Instructions, Criminal, No. ___ (4th ed. Supp. 2009)
(hereinafter, IPI Criminal 4th No. __ (Supp. 2009))
(18) Brackets
Some publications use square brackets around numbered parts in their organizational
scheme. Because square brackets are used by the courts to denote changes to text,
confusion could result from retaining those brackets used by those publishers. Instead,
convert the square brackets to round brackets.
In a citation that contains a capital letter followed by a comma, use a space after the
comma and between the other letters of the abbreviation:
Board of Education v. A, C & S, Inc., 131 Ill. 2d 428 (1989)
In a citation that contains a capital letter followed by a period and then an ampersand,
use a space after the period:
People ex rel. No. 3 J. & E. Discount, Inc. v. Whitler, 81 Ill. 2d 473, 479-80
(1980)
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IV. APPENDIX
(b) Written Order. Cases which do not qualify for disposition by opinion may be
disposed of by a concise written order which shall succinctly state:
(1) in a separate introductory paragraph, a concise syllabus of the court’s
holding(s) in the case;
(2) the germane facts;
(3) the issues and contentions of the parties when appropriate;
(4) the reasons for the decision; and
(5) the judgment of the court.
(c) Summary Order. In any case in which the panel unanimously determines that
any one or more of the following dispositive circumstances exist, the decision of the
court may be made by summary order. A summary order may be utilized when:
(1) the Appellate Court lacks jurisdiction;
(2) the disposition is clearly controlled by case law precedent, statute, or rules of
court;
(3) the appeal is moot;
(4) the issues involve no more than an application of well-settled rules to
recurring fact situations;
(5) the opinion or findings of fact and conclusions of law of the trial court or
agency adequately explain the decision;
(6) no error of law appears on the record;
(7) the trial court or agency did not abuse its discretion; or
(8) the record does not demonstrate that the decision of the trier of fact is against
the manifest weight of the evidence.
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The court may dispose of a case by summary order at any time after the case is
docketed in the Appellate Court. The disposition may provide for dismissal, affirmance,
remand, reversal or any combination thereof as appropriate to the case. A summary
order may be entered after a dispositive issue has been fully briefed, or if the issue has
been raised by motion of a party or by the court, sua sponte, after expiration of the time
for filing a response to the motion or rule to show cause issued by the court.
(d) Captions. All opinions and orders entered under this rule shall bear a caption
substantially conforming to the requirements of Rule 330. Additionally, an opinion or
order entered under subpart (a) or (b) of this rule must clearly show the date of filing on
its initial page.
(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. 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 precedent by any party except in the limited
circumstances allowed under Rule 23(e)(1).
(f) Motions to Publish. If an appeal is disposed of by order, any party may move to
have the order published as an opinion. The motion shall set forth the reasons why the
order satisfies the criteria for disposition as an opinion and shall be filed within 21 days
of the entry of the order.
(g) Electronic Publication. In order to make available to the public all opinions and
orders entered under subparts (a) and (b) of this rule, the clerks of the Appellate Court
shall transmit an electronic copy of each opinion or order filed in his or her district to
the webmaster of the Illinois Supreme and Appellate Courts’ Web site on the day of
filing. No opinion or order may be posted to the Web site that does not substantially
comply with the Style Manual for the Supreme and Appellate Courts.
(h) Public-Domain Case Designators
An opinion or order entered under subpart (a) or (b) of this rule must be assigned a
public-domain case designator and internal paragraph numbers, as set forth in the
accompanying administrative order.
Effective January 31, 1972; amended effective July 1, 1975; amended February 19, 1982,
effective April 1, 1982; amended May 18, 1988, effective August 1, 1988; amended
November 21, 1988, effective January 1, 1989; amended and Commentary and
Administrative Order adopted June 27, 1994, effective July 1, 1994; amended May 30, 2008,
effective immediately; amended September 13, 2010, effective January 1, 2011; amended
May 31, 2011, effective July 1, 2011.
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Administrative Order under Illinois Supreme Court Rule 23 (eff. July 1, 2011)
M.R. No. 10343
(Amended Oct. 4, 2011)
Under the general administrative and supervisory authority granted the Illinois
Supreme Court over the courts of this state (Ill. Const. 1970, art. VI, §16), the order
entered under Supreme Court Rule 23, dated May 31, 2011, is amended as follows:
(A) Assignment of Public-Domain Case Designators
The Districts of the Illinois Appellate Court shall assign a public-domain case
designator to those opinions filed on or after July 1, 2011. This designator number for
an opinion must be unique to that opinion and shall include the year of decision, the
court abbreviation, and an identifier number comprised of the final six digits of the
docket number, or the final six digits of the initial docket number in a consolidated
appeal, without use of the hyphen. In the case of opinions by the Workers’
Compensation Commission Division of the Appellate Court, the letters “WC” shall be
added as a suffix. The public-domain identifier shall appear at top of the first page of
an opinion and shall be in the following form:
[year] IL App (1st) [no.]
[year] IL App (2d) [no.]
[year] IL App (3d) [no.]
[year] IL App (4th) [no.]
[year] IL App (5th) [no.]
Workers’ Compensation Commission Division
2011 IL App ([dist.]) [no.]WC
By way of example, should the First District file an opinion in cause No. 1-10-1234
in 2011, the public-domain case designator will be “2011 IL App (1st) 101234.”
Where a second opinion is filed under the same docket number after remand, a
capital letter “B” will be appended to the case-designator number, regardless of the year-
designator portion of the citation:
2011 IL App (1st) 101159
2012 IL App (1st) 101159-B
Any further opinions arising from the same appeal shall be assigned an alphabetic
letter consecutive to the preceding opinion.
However, where an opinion is withdrawn while jurisdiction has been retained by the
issuing court, the new opinion or order in the matter shall be given the same case-
designator number as the withdrawn opinion without the addition of a sequential
alphabetic designator.
Orders filed under Illinois Supreme Court Rule 23(b) shall have the letter “U,”
preceded by a hyphen, appended to the case-designator number:
2011 IL App (5th) 101160-U
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A subsequently filed unpublished order in the same cause of action will result in use
of both a “U” and an alphabetic designator:
2011 IL App (5th) 101160-UB
Use of the “U” designator for unpublished decisions and use of an alphabetic designator
(“B,” “C,” etc.) for a subsequent opinion or order are independent elements of the case-
designator number:
2011 IL App (5th) 101160-U [unpublished; initial decision]
2011 IL App (5th) 101160-B [published; decision after remand]
2011 IL App (5th) 101160-UC [unpublished; decision after second remand]
Except for the materials denoted in paragraph below, each paragraph of text is to be
numbered consecutively beginning after the heading “OPINION” or “ORDER”
(including the lead-in line to a separate opinion and any joiner lines thereto).
(2) The numbering of paragraphs within a separate opinion shall be consecutive to
the final paragraph number of the opinion that precedes it, beginning with the lead-in
line to the separate opinion, as shown in the example below:
¶ 43 CONCLUSION
¶ 44 For the reason stated, the judgment of the circuit court is reversed
and the cause is remanded to that court for further proceedings.
¶ 45 Judgment reversed;
¶ 46 cause remanded.
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The following portions of an opinion do not constitute new paragraphs and shall not be
numbered:
(a) indented (blocked) text, regardless of the nature material (e.g., quotation,
listing of issues, etc.) or the length of the material;
(b) text immediately following indented text, unless such text begins a new
paragraph;
(c) text within footnotes;
(d) appendices or other attachments.
If quoted text, including indented quotations, is derived from a source that uses
numbered paragraphs under a public-domain system of citation, the numbers from the
original source shall not be shown in the quoted material but in the citation only.
If a supplemental document is filed, the paragraph numbering in the original
document shall be continued into the supplemental document, including any lead-in
lines and document headings (e.g., “Supplemental Opinion”; “Dissent Upon Denial of
Rehearing”).
Where revisions are made to an opinion following filing that result in the addition of
a new paragraph or paragraphs, the new paragraph(s) shall be denoted by use of the
paragraph number that preceded the new materials, plus the addition of consecutive,
alphabetical letters (e.g., ¶ 11b, ¶ 11c, etc.)
Each paragraph number shall be shown using the paragraph symbol, followed by a
space, and then the number (e.g., ¶ 1). The paragraph number is placed at the left
margin, followed by a tab that indents the paragraphed text, as follows:
¶ 23 The appellate court found that Grant supported its conclusion that the
designation of the NAF in the agreement to arbitrate was integral to the
agreement. Specifically, citing Grant, the court noted:
“[The NAF] has a very specific set of rules and procedures that has
implications for every aspect of the arbitration process.”
Thus the court found that section 5 of the Arbitration Act could not be used to
reform the arbitration provision.
¶ 24 The defendant argues that the appellate court erroneously determined
there is a split in federal case law as to the proper application of section 5 of
the Act.
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