(a) Standards. These rules are to be construed in accordance with the appropriate provisions of the Statute on Statutes (5 ILCS 70/0.01 et seq.), and in accordance with the standards stated in section 1-106 of the Code of Civil Procedure (735 ILCS 5/1-106).
(b) Definitions. The following meanings are to be given terms used in these rules:
(1) “Judge” also includes associate judge and justice.
(2) “Judgment” also includes decree, determination, decision, order, or portion thereof.
(3) “Document” means a pleading, motion, photograph, recording, or other record of information or data required or permitted to be filed, either on paper or in an electronic format.
(4) “Written” or “in writing” means in the form of a document, whether electronic or on paper.
(5) “Signed” or “signature” also includes the execution of any court-approved digital signature.
(6) “Original” is the first authentic instrument of a document, recording, or photograph; however, if the transmission is by approved electronic means, the transmission received by the clerk of the court shall serve as the original.
(7) “In person or by attorney,” “in person or through an attorney,” “in person or by counsel,” or “in person or by substitute counsel” includes such individual appearing remotely, including by telephone or video conference under Rules 45 and 241 and any other rules governing remote appearances.
Amended effective July 1, 1971; amended May 28, 1982, effective July 1, 1982; amended May 30, 2008, effective immediately; amended Jan. 4, 2013, eff. immediately; amended June 22, 2017, eff. July 1, 2017; amended Sept. 29, 2021, eff. Oct. 1, 2021.
Committee Comments
(Revised July 1, 1971)
This rule was adopted effective January 1, 1967.
Paragraph (a) makes it clear that the same principles that govern the construction of statutes are applicable to the rules.
Paragraph (b) defines terms that appear frequently in the rules. Like article VI of the Illinois Constitution the rules use the single word “judgment,” instead of “judgment, decree,” etc.
Subparagraph (b)(1) was amended in 1971 to delete the reference to “magistrate,” consistent with the abolition of the office of magistrate by the Illinois Constitution of 1970.