Litigation is expensive enough when both sides argue in good faith. When the other side files a motion with no factual support, raises a claim the law plainly does not recognize, or floods the docket simply to wear you down, the costs can climb quickly, and the stress can feel endless. Illinois courts have tools to respond, and in the right case, the party who filed the baseless document can be ordered to pay your reasonable attorney's fees.
At Katherine L. Maloney & Associates, LLC, we litigate in the civil division and appeals, probate, and family law in Will, Kendall, Kane, Grundy, and DuPage counties, and we see frivolous filings from both directions: we pursue sanctions when our clients are targeted, and we defend clients whose good-faith arguments are wrongly labeled frivolous. This article explains how Illinois sanctions work, what courts actually consider frivolous, and how the process plays out from the trial court to the appellate court.
Rule 137: What a Signature on a Court Filing Really Means
Illinois Supreme Court Rule 137 is the state's primary tool against frivolous filings, and it works through a simple idea: a signature is a promise. Every pleading, motion, or other document must be signed by the attorney of record or, if the party has no lawyer, by the party personally. Ill. S. Ct. R. 137(a). That signature certifies that the signer has read the document and that, after reasonable inquiry, it is well grounded in fact, warranted by existing law or a good-faith argument to extend, modify, or reverse existing law, and not filed for an improper purpose such as harassment, unnecessary delay, or needlessly increasing the cost of litigation. Id.
When a document is signed in violation of that certification, the court may sanction the person who signed it, the represented party, or both. Id. The most common sanction is an order to pay the other side's reasonable expenses caused by the filing, including a reasonable attorney's fee. Id. The rule applies equally to self-represented litigants, which matters in divorce and other family cases where one side often proceeds without counsel.
Rule 137 is permissive, not mandatory. The court “may” impose a sanction, and the official committee comments note that, unlike the statute it replaced, the rule allows but does not require sanctions. Ill. S. Ct. R. 137, Committee Comments (Aug. 1, 1989). That discretion shapes everything that follows, including how sanctions orders are reviewed on appeal.
The Objective Standard and Illinois's Main Sanction Tools
Courts judge a challenged filing by an objective standard: would a reasonable attorney or litigant, after a reasonable inquiry into the facts and law, have filed it? Subjective good faith is not enough to avoid sanctions. Burrows v. Pick, 306 Ill. App. 3d 1048, 1051 (1st Dist. 1999). At the same time, the rule exists to prevent abuse of the judicial process, not to punish parties and lawyers simply because they lose. Id. at 1050. A creative argument that fails is not the same as a baseless one.
Rule 137 is not the only tool. Illinois also authorizes sanctions for frivolous appeals and, in family cases, fee-shifting for improper litigation conduct.
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Feature |
Ill. S. Ct. R. 137 |
Ill. S. Ct. R. 375(b) |
750 ILCS 5/508(b) |
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Where it applies |
Trial-court filings in civil cases |
Appeals and other actions in a reviewing court |
Family law proceedings |
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What triggers it |
A filing not well grounded in fact or law, or filed for an improper purpose |
An appeal that is frivolous or pursued for an improper purpose |
Noncompliance without compelling cause, or a hearing brought for an improper purpose |
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Who may be sanctioned |
Signer, represented party, or both |
Any party or attorney |
The party or counsel who acted improperly |
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Typical sanction |
Reasonable expenses and attorney's fees |
Damages, costs of the appeal, and attorney's fees |
Costs and attorney's fees |
|
Explanation required |
Specific written reasons when sanctions are imposed |
Reasons stated in the opinion or a written order |
Findings by the court |
In family law matters, section 508(b) is often the more powerful tool, since it focuses on conduct such as harassment, delay, or needlessly increasing costs in enforcement and other hearings. Choosing the right rule, or combining them, can make a real difference in the outcome.
Filings That Commonly Draw Sanctions
Every case turns on its own facts, but certain patterns show up again and again when courts find a filing crossed the line:
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Factual allegations the filer knew, or should have known after a basic investigation, were false.
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Claims or defenses squarely foreclosed by statute or controlling case law, with no argument for changing the law.
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Repeated motions that raise the same issues the court has already decided.
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Filings timed or structured to delay a hearing, sale, or enforcement of a judgment.
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Lawsuits brought mainly to pressure or harass, such as retaliatory petitions filed after an unfavorable ruling.
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Pleadings that ignore documents in the filer's own possession that defeat the claim.
These problems arise in many settings. In partition actions, a co-owner may file serial objections to delay a court-ordered sale. In estate and trust litigation, a disappointed beneficiary may press claims that the governing documents plainly contradict. Recognizing these patterns early helps you build the record a successful sanctions motion requires.
Seeking Sanctions: Timing, Procedure, and the Written Order
A Rule 137 request must be brought within the same case where the offending document was filed, not as a separate lawsuit. Ill. S. Ct. R. 137(b). Timing is strict. The motion must be filed within 30 days after final judgment or, if a timely post-judgment motion is filed, within 30 days after the ruling on that motion. Id. A sanctions request filed even a day late may be lost, no matter how egregious the conduct. The court may also act on its own initiative. Ill. S. Ct. R. 137(a).
The party seeking sanctions carries the burden of showing that the filing violated the rule, so the motion should identify the specific document, explain why it lacked a factual or legal basis, and document the fees the filing caused. Detailed billing records tied to the improper filing are essential, since the sanction is generally measured by the reasonable expenses that filing produced.
If sanctions are imposed, the judge must state with specificity the reasons and basis for them, either in the judgment order or in a separate written order. Ill. S. Ct. R. 137(d). The Illinois Supreme Court has held that this explanation requirement applies only when sanctions are granted, not when they are denied. A skilled attorney must ensure that the order is concise.
Sanctions on Appeal and How Sanctions Orders Are Reviewed
Frivolous conduct does not stop at the trial court. Under Rule 375(b), a reviewing court may sanction a party or attorney when an appeal is frivolous or is pursued for an improper purpose, such as delaying enforcement of a judgment. Ill. S. Ct. R. 375(b). An appeal is frivolous when it is not reasonably well grounded in fact and not warranted by existing law or a good-faith argument to change it. Id. Sanctions may include damages, the reasonable costs of the appeal, and attorney fees, and if the court raises the issue on its own, it must first require the party to show cause. Id. The committee comments explain that the test is objective: whether a reasonably prudent attorney would have brought the appeal in good faith. Ill. S. Ct. R. 375, Committee Comments (Aug. 1, 1989).
When a trial court's Rule 137 ruling is itself appealed, the decision is entitled to considerable deference and will not be reversed absent an abuse of discretion. Even so, sanctions orders are reversed when the trial court applied a subjective rather than objective standard, failed to give specific written reasons, sanctioned a party for an argument that was reasonable but unsuccessful, or awarded fees unconnected to the improper filing.
Both sides of a sanctions dispute benefit from experienced appellate counsel. A party facing a large fee award may have strong grounds to challenge it, and a party who obtained sanctions needs a clean, well-supported order that will survive review.
Final Thoughts
Illinois courts take the signature on a court filing seriously. Rule 137, Rule 375(b), and section 508(b) give judges real authority to shift the cost of baseless motions, claims, and appeals onto the people responsible for them. At the same time, courts protect good-faith advocacy, and losing an argument is not the same as making a frivolous one. The difference usually comes down to the quality of the record and how quickly a party acts, given the strict 30-day window for Rule 137 motions.
At Katherine L. Maloney & Associates, LLC, our attorneys handle sanctions issues in probate, civil ligation, family law, and civil appeals. Whether you are facing repeated baseless filings or have been accused of filing one yourself, we can help you evaluate your options and protect your interests. Contact our Plainfield office today at 815-556-2057 to schedule a free consultation.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.
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