Ill. Sup. Ct. R. 382
Committee Comments
(July 1, 1971)
This rule is based in part upon Rule 381 and in part upon Rule 9 of the United States Supreme Court Rules and the practice thereunder, which enables that court to deal with original cases involving factual issues requiring the taking of evidence. The object is to give the court complete flexibility as to the procedure to be followed, depending upon the circumstances of the particular case. The procedures most likely to be employed, which have been employed by the United States Supreme Court, are specifically described because of the unfamiliarity of some of such procedures in prior Illinois practice.
The defendant need take no action until the Supreme Court indicates what is appropriate. If the court deems the complaint obviously insufficient on its face, it may dispose of the case without calling the defendant to do anything. It may request the defendant to file either an answer to the complaint or a brief, in part depending on whether factual issues are presented. Because of the constitutional prohibition against "fee officers in the judicial system" (art. VI, §14), the evidence must be taken by an active or retired judge, who will be already receiving a State salary, rather than by a master.