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Affidavit or Not An Affidavit?

01 Feb 2003

Document entitled "Affidavit" filed by appellant did not secure 35-day period in which to file a petition for leave to appeal. The document was not an affidavit because it did not consist of a "statement sworn to before a person who has authority under the law to administer oaths." Rather, the document filed took the form of "a simple pleading." The Supreme Court refused to relax its rules based on its concerns that such a ruling "would provide litigants with little incentive to follow our rules." Estate of Roth v. Illinois Farmers Insurance Co., No. 92338, 2002 Ill. LEXIS 962 (Ill. Dec. 5, 2002).

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