Ill. Sup. Ct. R. 367
(December 17, 1993)
The rule is modified to reflect that all types of reviewing court dispositions are subject to the rehearing procedures and time limits (see Woodson v. Chicago Board of Education (1993), 154 Ill. 2d 391).
(Revised February 1982)
This rule is based upon former Rule 44.
As adopted in 1967, paragraph (a) changed the time limit provided in former Rule 44 to 21 days in accordance with the general principle that time periods should be multiples of seven days. The flat prohibition against extensions of time appearing in former Rule 44 was removed in favor of a statement that extensions were not favored. In 1976, the paragraph was amended to strengthen the language disfavoring extensions of time.
This paragraph is the second and third sentences of former Rule 41(1) without change of substance.
This paragraph was derived from a part of the first sentence of former Rule 44(1) and the third sentence of paragraph (2) of that rule. There was no change of substance until 1982, when the rule was reworded to specifically require that the parties furnish the Reporter of Decisions a copy of any rehearing petition or any motion seeking to change the time for filing a rehearing petition.
This paragraph is based primarily upon former Rule 44(3). It does not change the preexisting practice.
This new provision is applicable only to the Appellate Court. When that court has twice considered a case, once initially and a second time on rehearing, there would seem to be no need for further consideration, especially when there is a higher court from which relief can be sought. See Rules 315(b), 316, and 317 as to the date from which the time for seeking Supreme Court review begins to run.