Ill. Sup. Ct. R. 373
Committee Comments
(Revised July 1, 1985)
Rule 373 was new in 1967. It was designed to make it unnecessary for counsel to make sure that briefs and other papers mailed before the filing date actually reach the reviewing court within the time limit. Receipt of the paper in the clerk's office a day or two later will not delay the appeal. As originally adopted the rule provided that the time of mailing might be evidenced by the post mark affixed by a United States Post Office. Because of problems with the legibility of post marks, and delay in affixing them in some cases, the rule was amended in 1981 to provide for the use of affidavits of mailing or United States Postal Service certificates of mailing.
The 1985 amendment regarding the recording of a filing date was intended to simplify record keeping in the appellate and supreme courts.
Commentary
(December 17, 1993)
The rule is revised to make the method of proof of mailing consistent with practice under Rule 12.
Reference to the notice of appeal coming within the scope of the rule is a reflection of existing law (see Harrisburg-Raleigh Airport Authority v. Department of Revenue (1989), 126 Ill. 2d 326).
Committee Comments
(December 29, 2009)
The rules on service and filing have been revised to provide for sending documents via third-party commercial carrier. Under these rules, the term "delivery" refers to all the carrier's standard pick-up methods, such as dropping a package in a UPS or FedEx box or with a UPS or FedEx contractor.