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Illinois Compiled Statutes

735 ILCS 5/1-104 (2026)

Power of courts to make rules

✓ current as of May 2026
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(735 ILCS 5/1-104) (from Ch. 110, par. 1-104)
    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.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1994–2022 · leading case: Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003).
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Vicencio v. Lincoln-Way Builders, Inc., 789 N.E.2d 290 (Ill. 2003). “At present, section 1-104, entitled "Power of courts to make rules," delegates to this court the "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.”
In Re Vanessa C., 736 N.E.2d 593 (Ill. App. Ct. 2000). · cites it 2× “12 which relates specifically to the discovery process and applicability of supreme court rules in termination of parental rights cases.”
Somers v. Quinn, 867 N.E.2d 539 (Ill. App. Ct. 2007). “See 735 ILCS 5/1-104 (West 2004) (providing that supreme court may not make rules governing civil practice and procedure that are inconsistent with the provisions of the Code).”
Zemater v. Vill. of Waterman, 2020 IL App (2d) 190013 (Ill. App. Ct. 2020). “735 ILCS 5/1-104 (West 2016); 23rd Judicial Cir.”
In Re Marriage of Jackson, 631 N.E.2d 848 (Ill. App. Ct. 1994). “2d 898, 901 ; see 735 ILCS 5/1-104 (West 1992).) A reviewing court will not interfere with the trial court's exercise of its authority under the local rules in the absence of facts constituting an abuse of discretion.”
People v. Owens, 2021 IL App (2d) 190153 (Ill. App. Ct. 2021). “” 735 ILCS 5/1-104(b) (West 2018). “A majority of the circuit judges in each circuit may adopt rules governing civil and criminal cases which are consistent with these rules and the statutes of the State, and which, so far as practicable, shall be uniform throughout the State.”
Deutsche Bank Nat'l Trust Co. v. Nichols, 2013 IL App (1st) 120350 (Ill. App. Ct. 2013). “1, 2008); 735 ILCS 5/1-104(a) (West 2010). Per the general standing order in mortgage foreclosure court, “[m]ovants must supply the court with copies of all documents relevant to the hearing of any particular matter, including pleadings.”
Crawford Cnty. Oil, LLC v. Weger, 2014 IL App (5th) 130382 (Ill. App. Ct. 2014). “While section 1-104(b) of the Code (735 ILCS 5/1-104(b) (West 2012)) permits the circuit courts to make rules regulating their dockets, calendars, and business, such rules are subject to the rules of the supreme court.”
Crawford Cnty. Oil, LLC v. Weger, 2014 IL App (5th) 130382 (Ill. App. Ct. 2014). “While section 1-104(b) of the Code (735 ILCS 5/1-104(b) (West 2012)) permits the circuit courts to make rules regulating their dockets, calendars, and business, such rules are subject to the rules of the supreme court.”
Zemater v. Vill. of Waterman, 2020 IL App (2d) 190013 (Ill. App. Ct. 2020). “735 ILCS 5/1-104 (West 2016); 23rd Judicial Cir.”
State Farm Mut. Auto. Ins. Co. v. Loop Operations, 2016 IL App (1st) 151545 (Ill. App. Ct. 2016). · cites it 3× “” 735 ILCS 5/1-104(a) (West 2012). But the 5 No.”
Alcorn v. City Of Chicago (N.D. Ill. 2022). “” 735 ILCS 5/1-104(b). In response, the CPD issued the BOP Order on July 29, 2015, stating in relevant part, “In June 2015, Chief Judge Timothy C.”
Show all 14 citing cases →
— 735 ILCS 5/1-104(a) — 3 cases
Deutsche Bank Nat'l Trust Co. v. Nichols, 2013 IL App (1st) 120350 (Ill. App. Ct. 2013). “1, 2008); 735 ILCS 5/1-104(a) (West 2010). Per the general standing order in mortgage foreclosure court, “[m]ovants must supply the court with copies of all documents relevant to the hearing of any particular matter, including pleadings.”
State Farm Mut. Auto. Ins. Co. v. Loop Operations, 2016 IL App (1st) 151545 (Ill. App. Ct. 2016). “” 735 ILCS 5/1-104(a) (West 2012). But the 5 No.”
Am. Airlines, Inc. v. Dep't of Revenue (Ill. App. Ct. 2009).
— 735 ILCS 5/1-104(b) — 6 cases
In Re Vanessa C., 736 N.E.2d 593 (Ill. App. Ct. 2000). “12 which relates specifically to the discovery process and applicability of supreme court rules in termination of parental rights cases.”
People v. Owens, 2021 IL App (2d) 190153 (Ill. App. Ct. 2021). “” 735 ILCS 5/1-104(b) (West 2018). “A majority of the circuit judges in each circuit may adopt rules governing civil and criminal cases which are consistent with these rules and the statutes of the State, and which, so far as practicable, shall be uniform throughout the State.”
Crawford Cnty. Oil, LLC v. Weger, 2014 IL App (5th) 130382 (Ill. App. Ct. 2014). “While section 1-104(b) of the Code (735 ILCS 5/1-104(b) (West 2012)) permits the circuit courts to make rules regulating their dockets, calendars, and business, such rules are subject to the rules of the supreme court.”
Crawford Cnty. Oil, LLC v. Weger, 2014 IL App (5th) 130382 (Ill. App. Ct. 2014). “While section 1-104(b) of the Code (735 ILCS 5/1-104(b) (West 2012)) permits the circuit courts to make rules regulating their dockets, calendars, and business, such rules are subject to the rules of the supreme court.”
Alcorn v. City Of Chicago (N.D. Ill. 2022). “” 735 ILCS 5/1-104(b). In response, the CPD issued the BOP Order on July 29, 2015, stating in relevant part, “In June 2015, Chief Judge Timothy C.”
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