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137 Ill. App. 3d 460

People v. Williams

Appellate Court of Illinois

Decided October 24, 1985

Appellate Court of Illinois · decided 1985-10-24

Relies on 102 Ill. App. 3d 133 - People v. Schroeder

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-24

How this case has been cited

Cited by 4 later decisions — most recently June 2024

4 state decisions

2019851990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PRESIDING JUSTICE HEIPLE

¶1delivered the opinion of the court:

¶2The State appeals from the order of the circuit court of Knox County dismissing its complaint against the defendant, Isadore Sam Williams. The complaint charged the defendant with committing a battery in Knox County. The defendant responded with a motion to dismiss asserting that Knox County was not the proper place of trial. The trial court then granted the defendant’s motion to dismiss the complaint for the State’s failure to follow local circuit court rules requiring a party opposing a motion to file a response with the court at least four days prior to a hearing on the motion.

¶3Supreme Court Rule 21(a) (87 Ill. 2d R. 21(a)) authorizes circuit courts to adopt rules governing criminal and civil cases to provide for the orderly disposition of cases. Rule 21(a) mandates that local rules must be consistent with the law of the State of Illinois. Local rules promulgated under Rule 21(a) may not “abrogate, limit or modify existing law.” (People v. Schroeder (1981), 102 Ill. App. 3d 133, 137, 429 N.E.2d 573, 577.) Inasmuch as existing State law does not countenance dismissal of a criminal complaint for mere failure to conform with purely local rules of court, we reverse the decision of the trial judge and remand this case for further proceedings.

¶4Reversed and remanded.

¶5SCOTT and STOUDER, JJ., concur.

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