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Civil Procedure

This guide contains a brief explanation of civil procedure with annotated links to further resources.


Each state and local court will have its own rules.  These rules are often available on the courts' websites.  It is vitally important to follow the rules of the court you are in.

735 ILCS 5/ contains the Illinois Code of Civil Procedure.

This statute reads in part:

Sec. 1-104. Power of courts to make rules. a) The Supreme Court of this State has power to make rules of pleading, practice and procedure for the circuit, Appellate and Supreme Courts supplementary to, but not inconsistent with the provisions of this Act, and to amend the same, for the purpose of making this Act effective for the convenient administration of justice, and otherwise simplifying judicial procedure, and power to make rules governing pleading, practice and procedure in small claims actions, including service of process in connection therewith. Unless otherwise indicated by the text, references in this Act to rules are to rules of the Supreme Court.
(b) Subject to the rules of the Supreme Court, the circuit and Appellate Courts may make rules regulating their dockets, calendars, and business.

(735 ILCS 5/1-104)(from Ch. 110, par. 1-104)

There are a number of Illinois specific civil procedure guides, forms and treatises in the library.