(a) Institution of proceedings. Proceedings in the Supreme Court when the court has original and exclusive jurisdiction under article IV, section 3, and article V, section 6(d), of the Constitution, which relate to redistricting of the General Assembly and to the ability of the Governor to serve or resume office, shall be instituted by filing a motion for leave to file a complaint, which motion shall be accompanied by the complaint and a brief in support of the motion. The complaint may be supported by affidavits or other pertinent documents.
Rule 382.Original Actions in the Supreme Court Pursuant to Article IV, Section 3, and Article V, Section 6(d), of the Constitution
Article III. Civil Appeals Rules · Part G. Original Actions in Supreme Court · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 382 governs the Supreme Court's exclusive original cases over legislative redistricting and a Governor's ability to serve, giving the court broad discretion over how each case proceeds.
Full Text of Ill. S. Ct. R. 382
(b) Subsequent Procedure. Thereafter the case shall proceed in the manner ordered by the court. Whenever appropriate, and subject to order of the court, the rules governing cases in the circuit court shall serve as a guide to the procedure to be followed. The court may dispose of the case on the documents filed or may order further briefing or may order oral argument on the motion for leave to file or on the complaint or on the pleadings or on the pleadings supplemented by pertinent documentary evidence, or may call for additional evidence and for briefs and argument after such evidence has been received. If the court determines that disputed issues of material fact must be resolved on the basis of oral testimony, it may appoint a judge or retired judge of any Illinois court to take testimony and to report his findings of fact and recommendations to the Supreme Court.
(c) Briefs, Pleadings, and Other Documents. Briefs, pleadings, and other documents filed with the Supreme Court in cases covered by this rule shall, to the extent appropriate, conform to Rules 341 through 344.
Effective July 1, 1971; amended December 17, 1993, effective February 1, 1994; amended June 22, 2017, eff. July 1, 2017.
Plain-English Summary
The Illinois Constitution gives the Supreme Court exclusive original jurisdiction over two unusual categories of dispute: challenges to General Assembly redistricting, and questions about whether the Governor can serve or resume office. Rule 382 starts both kinds of cases the same way, with a motion for leave to file a complaint, accompanied by the complaint itself and a supporting brief, which may lean on affidavits or other documents.
From there, the rule hands the court wide latitude. It can decide the case on the papers filed, order more briefing, call for oral argument, or — if the case turns on disputed facts — appoint a judge or retired judge to take testimony and report findings and recommendations back to the Supreme Court. Circuit court procedure serves only as a guide, not a mandate, and the court adapts as the case requires.
Whatever documents the parties file, they still have to conform, so far as it makes sense, to the same formatting rules that apply to ordinary appellate briefs and pleadings.
Frequently Asked Questions
What two kinds of cases does Rule 382 cover?
Disputes over legislative redistricting and questions about a Governor's ability to serve or resume office, both of which fall under the Supreme Court's exclusive original jurisdiction.
How does a party start one of these cases?
By filing a motion for leave to file a complaint, along with the complaint itself and a supporting brief, which may be backed by affidavits or other documents.
Does the Supreme Court follow a fixed procedure in these cases?
No. The court sets the procedure it thinks appropriate for each case, using circuit court rules only as a guide where they fit.
What happens if the case turns on disputed facts?
The court may appoint a judge or retired judge to take testimony and report findings of fact and recommendations back to the Supreme Court.
Do the briefs and pleadings in these cases follow the usual formatting rules?
Yes, to the extent appropriate, they conform to the same rules that govern ordinary appellate briefs and pleadings.
Committee Comments
(July 1, 1971)
This rule is based in part upon Rule 381 and in part upon Rule 9 of the United States Supreme Court Rules and the practice thereunder, which enables that court to deal with original cases involving factual issues requiring the taking of evidence. The object is to give the court complete flexibility as to the procedure to be followed, depending upon the circumstances of the particular case. The procedures most likely to be employed, which have been employed by the United States Supreme Court, are specifically described because of the unfamiliarity of some of such procedures in prior Illinois practice.
The defendant need take no action until the Supreme Court indicates what is appropriate. If the court deems the complaint obviously insufficient on its face, it may dispose of the case without calling the defendant to do anything. It may request the defendant to file either an answer to the complaint or a brief, in part depending on whether factual issues are presented. Because of the constitutional prohibition against “fee officers in the judicial system” (art. VI, §14), the evidence must be taken by an active or retired judge, who will be already receiving a State salary, rather than by a master.
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: redistricting original jurisdictiongovernor ability to serve caseoriginal action article IV Illinois constitutionoriginal action article V governorlegislative redistricting lawsuit