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Supreme Court rules committee seeks additional comment on the usage of personal ID info in civil cases

The Illinois Supreme Court Rules Committee is seeking comment on deferred provisions of a Supreme Court rule excluding minor's names and birth dates in civil case filings. The Committee will also consider comments to improve the efficiency of rule procedures designed to keep personal identity information out of the public file.

In addition, the Committee will review a proposal that requires a party or attorney filing documents in civil cases to provide an email address at which documents may be served.

These proposals will be aired at a public hearing of the Supreme Court Rules Committee on Friday, October 4, 2013 at 10 a.m. in Chicago. Brett K. Gorman, an attorney with Schmiedeskamp Robertson Neu & Mitchell in Quincy, is chair of the Committee.

Proposal 13-05 concerns Supreme Court Rule 138, which is designed to protect against identity theft and the disclosure of sensitive information through electronic filing. Two provisions of that Rule, requirements that birth dates and the names of minor individuals be excluded from documents in civil cases, were deferred until January 1, 2014 to allow attorneys and agencies that handle volumes of affected cases more time to adapt to the new requirements.

Originally adopted by the Supreme Court in October 2012, Supreme Court Rule 138 prohibits the use of personal identity information such as whole social security numbers, taxpayer-identification numbers, driver's license numbers, financial account numbers, and debit and credit card numbers in documents and exhibits in civil cases, whether filed electronically or by paper.

Proposal 13-06, also up for discussion at the hearing, would require attorneys and pro se litigants to list an e-mail address on the appearance and all pleadings filed in court and receive service of documents by email or through a service provider that provides an electronic inbox for parties registered to use that service.

Supreme Court Rule 11 was amended in October 2012 to allow service of documents electronically filed in the trial courts. Currently, Supreme Court Rule 11 requires the use of electronic filing and servicing of documents if a local circuit has adopted mandatory e-filing pursuant to Supreme Court Electronic Filing Standards.

The Rules Committee invites public comment on the proposals. Those wishing to testify in person at the hearing on any of the proposals should direct written correspondence to mmeis@illinoiscourts.gov or by hard copy by Friday, Sept. 27, 2013 to:

  • Supreme Court Rules Committee
  • c/o Administrative Office of the Illinois Courts
  • 222 N. LaSalle Street, 13th Floor
  • Chicago, Illinois 60601

The hearing will be held October 4, 2013 beginning at 10 a.m. in Room C-500 of the Michael A. Bilandic Building at 160 N. LaSalle Street in Chicago.

The proposed amendments are available on the Supreme Court website at: http://www.illinoiscourts.gov/SupremeCourt/Public_Hearings/Rules/default.asp

None of the proposed rules will take effect unless specifically approved by the Supreme Court.

Chief Justice Thomas L. Kilbride serves as Supreme Court liaison to the Rules Committee.

Posted on Sep 19, 2013 by Chris Bonjean | Comments (0)
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