Matters of Form; Filings; Delivery

and Certification to Counsel of Record (a) Counsel of record must file papers in a timely manner and in compliance with the appellate rules. The appellate clerk may return any non- complying papers and shall indicate on the return how the papers have failed to comply with the appellate rules. If a party is exempt from the requirements of electronic filing pursuant to Sec- tion 60-8, the clerk shall upload copies of the non- complying papers into the file before returning them. When a timely, noncomplying document is returned, a complying document will be deemed timely filed if it is refiled with the appellate clerk within seven days of the notice date indicated on the return. If a party is exempt from the require- ments of electronic filing pursuant to Section 60- 8, and a timely, noncomplying document is returned, a complying document will be deemed timely filed if it is refiled with the appellate clerk within fifteen days of the notice date indicated on the return. Subsequent returns for the same filing will not initiate a new refiling period. The refiling period shall not be extended. The time for responding to any paper shall not start to run until a complying paper is filed. (b) All papers shall contain a certification that a copy has been delivered to each other counsel of record, except as provided in Section 63-4 (a) include the names (4), which certification shall and email addresses for counsel of record that were sent the document electronically, or the names and physical addresses for counsel of record that were sent or delivered a paper copy of the document. Papers filed by a party exempt from the requirements of electronic filing pursuant to Section 60-8, must also include certifications that (1) the document has been redacted or does not contain any names or other personal identi- fying information that is prohibited from disclosure by rule, statute, court order or case law; and (2) the document complies with all applicable Rules of Appellate Procedure. Parties that electronically file documents com- ply with (b) (1) and (b) (2) during the electronic filing transaction. Any request to deviate from the requirement regarding personal identifying infor- mation shall be filed with the appellate clerk pursu- ant to Section 67-2 (g) or 67-2A (g). Briefs and appendices require additional certifications pursu- ant to Section 67-2 or 67-2A. Other certifications may be required by the rules under which specific documents are filed. (c) Any counsel of record who files a document electronically with the court must deliver it elec- tronically to all other counsel of record, except as provided in Section 63-4 (a) (4), unless the intended recipient has notified the appellate clerk and all other counsel of record in writing that the recipient declines to accept electronic delivery of documents or the intended recipient is exempt from the requirements of electronic filing pursuant to Section 60-8. Any counsel of record who has signed an electronically filed document shall be deemed to have consented to electronic delivery under this section. Delivery by email is complete upon sending the electronic notice unless the party sending notice learns that the attempted delivery did not reach the email address of the intended recipient. If the intended recipient has declined to accept electronic delivery or is exempt from the require- ments of electronic filing, a document shall be delivered to counsel of record by hand or by first class or express mail delivered by the United States Postal Service or an equivalent commer- cial service, postage prepaid, to the last known address of the intended recipient. (P.B. 1978-1997, Sec. 4014.) (Amended July 23, 1998, to take effect Jan. 1, 1999; amended July 24, 2002, to take effect Oct. 1, 2002; amended May 15, 2003, to take effect Jan. 1, 2004; amended June 5, 2013, to take effect July 1, 2013; amended June 18, 2014, to take effect Sept. 1, 2014; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended July 19, 2017, to take effect Oct. 8, 2017; amended Oct. 18, 2017, to take effect Jan. 1, 2018; amended Oct. 24, 2018, to take effect Jan. 1, 2019; amended June 15, 2021, to take effect Jan. 1, 2022; amended July 23, 2024, to take effect Jan. 1, 2025.) TECHNICAL CHANGE: In the second paragraph of subsec- tion (b), the references to Section 67-2 (g) and Section 67- 2A (g) were updated.