It Usually Works—Until It Doesn’t
Illinois courts used to show some leniency when attorneys missed filing deadlines because of electronic filing issues. That window may be closed. As the e‑filing system has matured, so has the judiciary’s expectation that practitioners understand it and follow its rules. Recent case law makes clear that Rule 9 is no longer a broad safety net for late filings.
That reality matters because deadline issues rarely arise in a vacuum. The siren song of procrastination has, presumably, called to nearly every human being, including lawyers. Whether it was during law school, practice, or even writing a blog for your firm, it’s a common melody in the profession. Thankfully, extensions are common, whether from helpful professors, opposing counsel, or kind people in your firm who recognize that the practice of law can sometimes get in the way of submitting a project (even a blog!) on time.
As a veteran paralegal once told me early in my practice, “everything can be fixed.” That sentiment is a good one for practitioners to keep in mind, especially those just starting out. Most mistakes can be fixed with communication and some diligence on the back end.
But not every mistake. Sometimes kerfuffles become exemplary, drawing a new line in the sand for practitioners to avoid.
Early Grace, Then a Line in the Sand
On January 1, 2018, e-filing became mandatory for all civil cases in Illinois, and attorneys had to adjust to a new system. Initially, courts gave litigants some slack for late filings under Illinois Supreme Court Rule 9.
For example, during the first two weeks of mandatory e-filing, plaintiffs in Davis v. Vill. of Maywood electronically filed their complaint on the last morning allowed under the statute of limitations. The filing was rejected because it lacked counsel’s Cook County attorney code, but counsel wasn’t notified until several days later, by which point the statute of limitations had expired. The trial court denied the plaintiff’s motion to excuse the late filing under Rule 9, but the appellate court reversed, relying in large part on the novelty of the new mandatory e-filing system.
In subsequent years, Davis was frequently cited by litigants who narrowly missed filing deadlines due to issues with the electronic filing system. But as the system matured, courts made clear that what worked when e-filing was new would not work indefinitely.
The courts ultimately drew the line in Kilpatrick v. Baxter. In that case, plaintiff was injured on September 13, 2020. Her counsel filed the complaint on September 15, 2022, missing the statute of limitations. One can only speculate why this deadline was missed, but for the sake of this post, let’s assume that procrastination on the attorney’s part may have played at least some role.
Plaintiff’s counsel attempted to have the filing backdated under Rule 9, arguing that he attempted to file the complaint on September 13, 2022—which was within the statute of limitations—but the submission wasn’t successfully accepted until September 15, after the deadline expired. This time, the “it’s-the-e-filing-system’s-fault” argument failed. The appellate court held that Davis was distinguishable because the e-filing system was no longer in its infancy. The appellate court affirmed the trial court’s decision, and the Illinois Supreme Court denied certification.
Where that Leaves Practitioners
So what is the lesson here? It’s worth looking at what exactly holds up our bridges over troubled water. Is this a long-established rule you’re relying on to excuse a missed deadline? Is it solid? Does the case law supporting your procedural excuse represent a permanent feature of Illinois practice, or was it an accommodation courts were willing to make while a new system found its footing?
With a proper understanding of our legal system, its rules, and the people who administer them, many mistakes can still be undone, often without any apparent consequence. But recent cases make clear that Illinois courts are no longer inclined to excuse late filings simply because of issues with the electronic filing system.
And that brings us back to procrastination. The next time you feel tempted to put something off (studying, drafting, even writing a blog), it’s worth remembering that courts may not be there to save you if a filing goes sideways. If you keep testing your luck, you might become the example. And that, unsurprisingly, is not fun.