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Illinois Supreme Court Amends Rule 23 – Allows Citation of Unpublished Appellate Court Rulings for Persuasive Purposes


The ISIA is pleased to report that Chief Justice Anne M. Burke announced the amendment of Rule 23.  The change now allows litigants to cite previously unpublished Appellate Court opinions.  However, the use is limited to persuasion, not for precedential value.  The change is effective January 1, 2021.

Prior to the change Appellate Court Decisions released pursuant to Rule 23 only held informative value about how the Court might decide in similar circumstances.  However, litigants were prohibited from even drawing attention to a prior Rule 23 Decision that may have involved similar factual or legal circumstances.  That will no longer be the case starting in 2021.  Although the change does not create new legal authority, it now allows reference to previously cases decided and their supporting reasonings.  Until the change, reviewing courts may not otherwise be aware of the existence of certain Rule 23 decisions.. 

The ISIA applauds this change and recognition that the motivation for Rule 23 being enacted does not carry over entirely to the present time and evolution of the law.

-Adam J. Cox