(a) The Supreme Court of this State has power to make rules of pleading, practice and procedure for the circuit, Appellate and Supreme Courts supplementary to, but not inconsistent with the provisions of this Act, and to amend the same, for the purpose of making this Act effective for the convenient administration of justice, and otherwise simplifying judicial procedure, and power to make rules governing pleading, practice and procedure in small claims actions, including service of process in connection therewith. Unless otherwise indicated by the text, references in this Act to rules are to rules of the Supreme Court. (b) Subject to the rules of the Supreme Court, the circuit and Appellate Courts may make rules regulating their dockets, calendars, and business.
1-104.Power of courts to make rules.
Article I. General Provisions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives the Illinois Supreme Court power to adopt rules of pleading, practice, and procedure, including for small-claims service, that support this Code without conflicting with it, and lets circuit and Appellate Courts set their own docket rules subject to the Supreme Court's rules.
Full Text of 735 ILCS 5/1-104
Plain-English Summary
This section splits rulemaking authority between the Supreme Court and the lower courts. Under subsection (a), the Supreme Court can adopt rules of pleading, practice, and procedure for circuit, Appellate, and Supreme Court proceedings. Those rules must supplement this Code rather than conflict with it, and their purpose is to make the Code work well in practice and to keep procedure simple. The same subsection gives the Supreme Court power to make rules for small-claims actions, including how process gets served in those cases.
The section also clarifies a drafting point: unless the text says otherwise, whenever this Code refers to "rules," it means rules of the Supreme Court.
Subsection (b) lets circuit and Appellate Courts adopt their own rules regulating their dockets, calendars, and business, but only subject to the Supreme Court's rules. Local rulemaking sits below, not beside, the Supreme Court's authority.
Frequently Asked Questions
Can the Supreme Court's rules override this Code?
No. Subsection (a) requires Supreme Court rules to supplement this Act, not conflict with it.
What is the stated purpose of letting the Supreme Court make these rules?
To make the Act effective for the convenient administration of justice and to simplify judicial procedure.
Does this section address small-claims cases specifically?
Yes. It gives the Supreme Court power to make rules governing pleading, practice, procedure, and service of process in small-claims actions.
What can circuit and Appellate Courts do under this section?
Under subsection (b), they may make rules regulating their own dockets, calendars, and business, subject to the Supreme Court's rules.
What does "rules" mean when this Code uses that word?
Unless the text indicates otherwise, references to rules in this Act mean rules of the Supreme Court.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: Illinois Supreme Court rulemaking authoritylocal court rules Illinois circuit courtsmall claims service of process rulesdocket and calendar rules circuit court