The purpose of this paper is to examine the requirements of filing notices of appeal and the proof-of-service requirements of Illinois Supreme Court Rule 12(b)(3). Illinois Supreme Court Rule 12(b)(3) has what can only be called “curious, perjurious requirements.” They are curious because, in conjunction with Rule 373, they require an affiant to state under penalty of perjury that he or she has personal knowledge of events that have not yet occurred. They are perjurious because they require the affiant to state under penalty of perjury they already performed an act when in fact they did not and could not. In order to understand the perjurious requirements of Rule 12(b)(3) several factors must first be considered separately: the Rule itself, the nature of affidavits, and the statutory definition of perjury. When combined, it is clear that the Rule is tantamount to requiring an affiant to commit perjury.
Wm. D. Huber,
The Curious, Perjurious Requirements of Illinois Supreme Court Rule 12(b)(3),
S. Ill. U. L.J.
Available at: http://opensiuc.lib.siu.edu/siulj/vol39/iss3/2