The Illinois Supreme Court has amended Rule 10-101, which governs standardized court forms (“forms”) in the state.
The amendments provide clarification on the use of forms by self-represented litigants and lawyers, and outline updated responsibilities for clerks and courts. The amendments went into effect on October 15, 2026.
Importantly, they address concerns that providing forms could be wading into the unauthorized practice of law, stating, in Comment (e):
Providing forms is a permitted service according to the Illinois Supreme Court Policy on Assistance to Court Users by Circuit Clerks, Court Staff, Law Librarians, and Court Volunteers. This policy allows circuit clerks, court staff, law librarians and court volunteers to assist users in identifying relevant approved forms and related instructions based on the court user’s request, regardless of whether the court user asks for the form by name. Providing the forms is not advice or the unauthorized practice of law.
Additional key amendments include:
- Use by self-represented litigants and lawyers – The use of a form is only required in certain instances, “when specifically mandated by statute or Supreme Court Rule.”
- Responsibilities of clerks and courts – The amendment clarifies the responsibility of clerks and courts to make the most current versions of forms available in English and translated versions, the cost of forms for litigants, materials that should be used to promote the use of forms, the use of forms for purposes other than enhancing access to justice, and restrictions around rejecting forms, using outdated forms, and modifying forms for local or other purposes.
- Modification restrictions – While the amendment provides updated restrictions for the modification of forms, Comment (f) states, “Except for forms designated as mandatory, practitioners may use standardized court forms as templates to create modified documents for filing. Such documents must not include any representation that they are approved standardized court forms or replicate the format, layout, or overall appearance of an approved standardized court form in a manner that would reasonably cause the document to be mistaken for an approved standardized court form.”
The complete amendment begins on page 11 of M.R 3140.
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