Illinois Supreme Court adopts new rule for eviction cases
Scott Kane
The Illinois Supreme Court recently adopted an important new rule applicable to eviction cases filed in the state. The rule requires all eviction plaintiffs to attach certain several important documents to their complaint at its initial filing. The rule is designed, in part, to help pro se tenant-defendants “have access to the relevant information at the outset, rather than having to wait for discovery or trial to understand the nature of the allegations against them, can better understand the basis for the eviction action and be better prepared to assert timely defenses.“
The documents this new rule requires to be attached to evictions complaint are ultimately presented to the court at trial in the vast majority of eviction case. Further, read literally, the current rules of civil procedure could be read to require the attachment of these documents even without the new rule. 735 ILCS 5/2-606. Thus, there is little downside to the Supreme Court’s new rule and a fair number of upsides, including, inter alia, ensuring eviction defendants are aware of what documents will be presented as evidence well in advance of trial, eviction defendants do not waste their time if they lack the proof they will need to prevail at trial, and assisting judges in resolving their eviction cases in a more streamlined and efficient matter. Thus, we view this rule as a pragmatic win for all parties.
For trusted, cost effective, and well-informed legal counsel on this and other landlord-tenant issues, call Cameron & Kane LLC today! (872) 588-0727.
Regards,
Scott Kane