(a) Motion for Leave to File; Only Issues of Law Considered. Proceedings in the supreme court in original actions in cases relating to revenue, mandamus, prohibition, or habeas corpus, and as may be necessary to the complete determination of any case on review, shall be instituted by filing a motion, supported by explanatory suggestions, for leave to file a complaint seeking appropriate relief. Only issues of law will be considered. The proposed complaint shall be sworn to and shall contain or have attached to it the lower court records or other pertinent material that will fully present the issues of law.
Rule 381.Original Actions in the Supreme Court Pursuant to Article VI, Section 4(a), of the Constitution
Article III. Civil Appeals Rules · Part G. Original Actions in Supreme Court · Last amended 2017 · Last verified July 20, 2026
In one sentenceRule 381 is the entry point for original Supreme Court cases involving revenue, mandamus, prohibition, or habeas corpus, requiring leave to file before the court will hear the case.
Full Text of Ill. S. Ct. R. 381
(b) Service of Process. The motion, together with the proposed complaint, shall be served
upon the other party or parties, including the nominal party or parties, and proof of service shall be filed at the time the motion is filed.
(c) Judge a Nominal Party. In an original action to review a judge’s judicial act the judge is a nominal party, only, in the proceeding, and need not respond to the motion or complaint unless instructed to do so by the court. The judge’s failure to do so will not admit any allegation. Counsel for the prevailing party may file any appropriate documents for that party but shall not file any document in the name of the judge.
(d) Objections to Motion. The respondent shall have 7 days after personal or e-mail service of the motion, or 14 days after mailing of the motion if service is by mail, or 14 days after delivery to a third-party commercial carrier if service is by delivery to a third-party commercial carrier, or within such further time as the court or a judge thereof may allow to file any objections to the motion, and service shall be made upon the movant and proof of service filed with the clerk of the court. Oral argument on the motion shall be permitted as the court may allow.
(e) Briefs. If the motion is allowed, briefs conforming to the requirements of Rules 341 through 344 shall be filed in support of the pleadings, within the time fixed by the court on motion of any party or on its own motion. On notice to the court and the other party or parties, the plaintiff or defendant may allow the original filing to stand as the brief without order of court.
Plain-English Summary
Some cases go straight to the Illinois Supreme Court without ever passing through a trial or the Appellate Court, because the constitution gives the Supreme Court original jurisdiction over them. Rule 381 covers the traditional categories — revenue, mandamus, prohibition, and habeas corpus — plus whatever's necessary to fully resolve a case already on review.
Getting one of these cases started takes a motion for leave to file a complaint, backed by explanatory suggestions and a sworn complaint that includes the lower court records or other material needed to present the legal issues. The Supreme Court considers only issues of law here, not disputed facts. The motion and complaint go to every other party, including any nominal party, and the opposing side gets a set window to object.
When the case targets a judge's judicial act, the rule protects that judge by making them a nominal party only — they don't have to respond unless the court says so, and their silence isn't taken as agreeing with anything. Once the court grants leave to proceed, briefing follows the ordinary rules for appellate briefs, or the parties can let their original filings stand in as their briefs.
Frequently Asked Questions
What kinds of cases use this original-action procedure?
Cases relating to revenue, mandamus, prohibition, or habeas corpus, plus matters necessary to fully resolve a case already pending on review.
How does a party start a case under Rule 381?
By filing a motion for leave to file a complaint, supported by explanatory suggestions and a sworn complaint containing the relevant lower court records or other material.
Does the Supreme Court resolve disputed facts in these cases?
No. Only issues of law are considered in a Rule 381 original action.
Does the judge whose ruling is challenged have to respond to the case?
No. The judge is only a nominal party and doesn't have to respond unless the court instructs otherwise; failing to respond doesn't concede any allegation.
What happens once the court grants leave to file the complaint?
Briefs follow the ordinary requirements for appellate briefs, or the parties may let their original motion papers stand as their briefs.
Committee Comments
(Revised January 5, 1981)
Paragraphs (a), (b) and (c) Prior to the adoption of the Constitution of 1970, the original-jurisdiction rule necessarily was concerned with the only original-jurisdiction cases authorized by the Constitution of 1870, which were limited to actions relating to revenue, mandamus, prohibition and habeas corpus. The new constitution vests original and exclusive jurisdiction in the Supreme Court in other classes of cases in which factual issues might arise. Rule 381 would be inappropriate for such cases. Paragraph (a) has, therefore, been modified to limit Rule 381 to the traditional original actions to which it has previously applied, which are now covered by article VI, section 4(a), of the 1970 Constitution. A new Rule 382 provides for cases arising by virtue of the new mandatory exclusive original jurisdiction vested in the Supreme Court by articles IV and V of the 1970 Constitution. The procedure in original actions was unchanged in substance by this rule, as adopted effective January 1, 1967, though it is spelled out in more detail than it was in former Rule 46, which governed until that date. Effective January 1, 1964, the paragraph of the former rule requiring original proceedings relating to the revenue to be brought at least 20 days before the first day of the term, unless the cause is continued, was deleted as unnecessary. Matters relating to the closing of the issues, the briefing schedule, and the holding of an oral argument are left to the discretion of the Supreme Court.
Paragraph (a) was amended in 1981 to add the penultimate sentence, requiring that when the motion is filed when the court is not in session, a copy shall be sent to each of the justices at his district chambers. See the committee comments to Rule 361(c).
Paragraph (d)
Paragraph (d) was added to Rule 381 in May, 1969, to protect the judge whose action is being reviewed from becoming personally involved as a party in litigation in which his role is solely judicial. The amendment makes it unnecessary for the judge to choose between the alternatives of retaining counsel of his own or being represented by counsel for the successful party. “A judge will thus be guarded from engaging in ex parte discussions with counsel or aligning himself even temporarily with one side in pending litigation.” Rapp v. Van Densen (3d Cir. 1965), 350 F.2d 806, 813. See also General Tire & Rubber Co. v. Watkins (4th Cir. 1966), 363 F.2d 87, 89. See also Rule 21 of the Federal Rules of Appellate Procedure.
Amendment History
Amended effective May 27, 1969, and July 1, 1971; amended January 5, 1981, effective February 1, 1981; amended February 19, 1982, effective April 1, 1982; amended February 27, 1987, effective April 1, 1987; amended December 17, 1993, effective February 1, 1994; amended March 1, 2001, effective immediately; amended December 29, 2009, effective immediately; amended March 14, 2014, effective immediately; amended Dec. 9, 2015, eff. Jan. 1, 2016; amended June 22, 2017, eff. July 1, 2017.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: original action supreme court Illinoismandamus original jurisdictionhabeas corpus original actionmotion for leave to file complaintprohibition original jurisdiction