IL · rules
Ill. S. Ct. R. 18
Findings of Unconstitutionality
A court shall not find unconstitutional a statute, ordinance, regulation or other law, unless:
(a) the court makes the finding in a written order or opinion, or in an oral statement on
the record that is transcribed;
(b) such order or opinion clearly identifies what portion(s) of the statute, ordinance,
regulation or other law is being held unconstitutional;
(c) such order or opinion clearly sets forth the specific ground(s) for the finding of
unconstitutionality, including:
(1) the constitutional provision(s) upon which the finding of unconstitutionality is
based;
(2) whether the statute, ordina nce, regulation or other law is being found
unconstitutional on its face, as applied to the case sub judice, or both;
(3) that the statute, ordinance, regulation or other law being held unconstitutional
cannot reasonably be construed in a manner that would preserve its validity;
(4) that the finding of unconstitutionality is necessary to the decision or judgment
rendered, and that such decision or judgment cannot rest upon an alternative ground; and
(5) that the notice required by Rule 19 has been served, and that those served with
such notice have been given adequate time and opportunity under the circumstances to
defend the statute, ordinance, regulation or other law challenged.
History
Adopted July 27, 2006, effective September 1, 2006. Committee Comment (July 27, 2006) This rule is intended to implement the principles encapsulated in People v. Cornelius, 213 Ill. 2d 178 (2004), and In re Parentage of John M., 212 Ill. 2d 253 (2004), concerning the duties incumbent upon the circuit court when declaring state statutes to be unconstitutional.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
1cb6859861c981fa59e5b9d45cd932481ef769cd21984865ab2fcc33fc38b54e
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