Court & Hearings

To start an appeal of a circuit court The lowest level of court in Illinois order or judgment An official decision by a court that ends the dispute between parties , you must file a Notice of Appeal. Do this within 30 days after the final judgment, counting weekends and holidays. The Notice of Appeal tells the circuit court and the other parties that you're appealing the circuit court's order. The Notice also says what relief you’re looking for from the appellate court. 

Within 7 days after filing the Notice of Appeal, you must: 

• Send the Notice of Appeal to the other parties or their attorneys, 
• File a notice, showing that you filed the Notice of Appeal, and
• File a proof of service A form that explains how court papers were given to someone in a court case showing that you sent the Notice of Appeal to the other parties.

The record on appeal is made up of all the documents that were filed during your case. The appellate court uses the record to find out what happened in the circuit court The lowest level of court in Illinois . It's important because the appellate court can't look at anything that isn't already in the record. 

To get the record, you must file a Request for Preparation of the Record on Appeal with the circuit court where their case was decided. Do this within 14 days after filing the Notice of Appeal. The circuit clerk The office that takes care of files and documents for circuit court cases will prepare a complete record for the appellate court within 63 days after the Notice was filed.

There is a fee that must be paid to the circuit court clerk for the cost of the record on appeal. It is based on the number of pages of the record. If you can't afford the fee, you can file a fee waiver into your circuit court case.

Attach a completed copy of the Request for Preparation of the Record to your Docketing Statement (see Step 4).

The report of proceedings is a typed record of the trial When the issues of a case are heard in court and decided by a judge or jury that shows what the judge, parties, witnesses, and lawyers said in court. This record is also called a transcript. To get the transcript, you must file a Request for Report of Proceedings. Do this within 14 days after filing the Notice of Appeal. You will have to pay a fee to the court reporter. A deposit will be required. 

The court reporter will submit the transcript to the appellate court within 49 days after the Notice of Appeal was filed. 

Attach a completed copy of the Request for Report of Proceedings to your Docketing Statement (see Step 4).

What if my circuit court case was not recorded or a court reporter was not present? 

If the court proceedings were not recorded, you may complete a Bystander's Report or Agreed Statement of Facts. This is another way to give the appellate court a record of what the judge, parties, witnesses, and lawyers said or did in court. 

The Bystander’s Report requires approval and certification from the circuit court The lowest level of court in Illinois judge. The Agreed Statement of Facts requires that the parties agree on what was said and done in court, but does not need the circuit court judge’s approval or certification. Either form must be filed with the circuit court clerk within 49 days after the date the Notice of Appeal was filed. 

Find the instructions and forms to file a Bystander’s Report or Agreed Statement of Facts on Appeal on the Illinois Courts Standardized State Forms website. 

The Docketing Statement tells the appellate court that you are appealing a circuit court The lowest level of court in Illinois order. The Statement also tells all the parties in the appeal A request to change a court's decision that you have taken the required steps to begin the appeal. You must file the Statement within 14 days of filing the Notice of Appeal. The case can’t go forward until you pay the $50 fee to the clerk of the appellate court. If you can't afford this fee, you need to file a fee waiver into your appellate court case. 

Attach completed copies of the Request For Preparation of Record on Appeal and Request for Report of Proceedings (Transcripts) with your Docketing Statement (see Steps 2 and 3).

As the person filing the appeal A request to change a court's decision , you are the “appellant.” The Appellant's Brief states all of your arguments explaining why the circuit court The lowest level of court in Illinois shouldn't have entered an order or judgment An official decision by a court that ends the dispute between parties against you. Your brief must explain why that decision should be overturned in a clear way. In support of your arguments, you must cite to: 

• The Record,
• Relevant statutes, 
• Rules, and 
• Case law. 

In order to find legal authority, you'll need to do legal research either online or at a law library. Learn how to prepare a brief for appellate court and take a look at the resources available for civil appeals. 

The other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. in your case is called the “appellee.” The Appellee's Brief is an optional written response A formal written answer to the plaintiff or petitioner's written statement to the appellant Someone who wants to change a previous court decision 's brief. It tells the appellate court why the circuit court The lowest level of court in Illinois was correct in entering an order in their favor. It gives the appellee a chance to convince the appellate court that the arguments in the appellant's brief are wrong. If the appellee does not file the Appellee’s Brief, they cannot participate in the appeal A request to change a court's decision . 

If the appellee files a brief, you have the option to file a reply brief. The Appellant's Reply Brief is the last brief in the appeals process. The reply brief is a response A formal written answer to the plaintiff or petitioner's written statement to the arguments raised in the appellee's brief. The reply brief can’t raise any new issues and shouldn’t restate arguments already made in your first Appellant's Brief. It must be filed within 14 days after the Appellee’s Brief is due.

What if I need more time to file documents in my civil appeal?

If you missed your deadline or if you need more time to file for your appeal A request to change a court's decision , you will need to file a Motion with the appellate court and serve Giving court documents to someone the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. . 

Through a motion, you can request leave to file a late Notice of Appeal or an extension of time for the Docketing Statement or Briefs. In your Motion, explain why you need more time. You then e-file the Motion with a proposed order and proof of service A form that explains how court papers were given to someone in a court case . The Motion for a late Notice of Appeal is due within 30 days of the original due date of the Notice.

Oral argument allows the parties to make their case verbally in front of a panel of three appellate justices. Typically, the court will allow each party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. 15 to 20 minutes to present their argument and answer A written statement used to respond to the complaint or petition in a lawsuit questions. The appellate court is not required to hold oral arguments, so you must request it. 

After all the briefs are submitted, and following oral arguments (if applicable), the appellate court will decide your case. The appellate court's decision happens in the form of a written opinion or order. The appellate court can decide to do any of the following:

• Affirm that the circuit court The lowest level of court in Illinois 's decision was correct, 
• Reverse, deciding that the circuit court's decision was incorrect,
• Return the case to the circuit court for further action (“remand”), or
• Take any other appropriate action.

If you disagree with the appellate court's decision, you may file:

• A Petition for Rehearing, or
• A Petition for Leave to Appeal.

A Petition for Rehearing must be filed within 21 days after the appellate court's decision. It is filed in the appellate court. A Petition for Leave to Appeal must be filed within 35 days after the decision. This petition is filed in the Illinois Supreme Court.