Appellate Law

Supreme Court Rule Reviewed De Novo

By Steven R. Merican

I get this question a lot: What is the standard of review for interpretation of a state supreme court rule?

Here?s the answer: ?Because Garlock's argument involves the construction of a supreme court rule, our review is de novo ? When interpreting a supreme court rule, a reviewing court should apply the same principles of construction that apply to a statute--that is, the reviewing court should ascertain and give effect to the intent of the supreme court in promulgating the rule ? The most reliable indicator of that intent is the specific language used in the rule ? When the language of a supreme court rule is clear and unambiguous, a reviewing court should apply the language without reference to other interpretive aids ??

The quote is from White v. Garlock Sealing Technologies, No. 4-09-0036 (2/8/10), available here for the clicking.

Full post as published by Illinois Appellate Lawyer Blog on June 08, 2010 (boomark / email).