Ill. Sup. Ct. R. 18

As amended through May 30, 2024
Rule 18 - Findings of Unconstitutionality

A court shall not find unconstitutional a statute, ordinance, regulation or other law, unless:

(a) the court makes the finding in a written order or opinion, or in an oral statement on the record that is transcribed;
(b) such order or opinion clearly identifies what portion(s) of the statute, ordinance, regulation or other law is being held unconstitutional;
(c) such order or opinion clearly sets forth the specific ground(s) for the finding of unconstitutionality, including:
(1) the constitutional provision(s) upon which the finding of unconstitutionality is based;
(2) whether the statute, ordinance, regulation or other law is being found unconstitutional on its face, as applied to the case sub judice, or both;
(3) that the statute, ordinance, regulation or other law being held unconstitutional cannot reasonably be construed in a manner that would preserve its validity;
(4) that the finding of unconstitutionality is necessary to the decision or judgment rendered, and that such decision or judgment cannot rest upon an alternative ground; and
(5) that the notice required by Rule 19 has been served, and that those served with such notice have been given adequate time and opportunity under the circumstances to defend the statute, ordinance, regulation or other law challenged.

Ill. Sup. Ct. R. 18

Adopted July 27, 2006, effective 9/1/2006.

Committee Comment

(July 27, 2006)

This rule is intended to implement the principles encapsulated in People v. Cornelius, 213 Ill. 2d 178 (2004), and In re Parentage of John M., 212 Ill. 2d 253 (2004), concerning the duties incumbent upon the circuit court when declaring state statutes to be unconstitutional.