Court & Hearings

An appeal is when someone asks an appellate court to review a decision made by a circuit court because they think the lower court made a mistake. For example, if you lose a case in the circuit court, you can appeal to the appellate court. In some circumstances, you might be able to appeal before the case has a final judgment.

While many appeals of agency decisions are appealed to the circuit court, some are appealed directly to the appellate court.  

Only a party in the circuit court case can appeal a decision. This could be the plaintiff or petitioner (who started the case) or the defendant or respondent (who the case was filed against). If you were a party and didn’t like the circuit court’s decision, you have a right to appeal. Sometimes both sides might appeal different parts of the decision.

The appellate court reviews a judgment or order made by a circuit court or administrative agency to check for legal errors. The appellate court does not hold a new trial but instead looks at the original case to see if any legal mistakes were 

Supreme Court Rules 301-308 control what types of cases can be appealed from an order or judgment and when you must file an appeal. Usually, there has to be a final judgment in your case to be able to appeal. A final judgment means that the judge or jury has made a decision and the case is over. In some rare cases, you can appeal before the case is over.

You need a good reason for the appeal. Some examples of reasons for appealing include:

• The evidence in the case did not support the decision or verdict;
• The trial was unfair; or
• The judge made legal or factual errors.

Civil appeals are governed by Illinois Supreme Court Rules 301-384. The appellate court may dismiss your case if you don’t follow these rules, procedures, and deadlines.

Illinois is divided into five Appellate Districts. Each of the five Appellate Districts also have local rules. You must follow the local rules too. You can find them by clicking the link to your appellate district.

The court will hear appeals in the appellate court district of the circuit court that ruled on your case. If you don't know your appellate district, you can find it on this map.

If you have general questions, you should reach out to the appellate clerk's office in your district

See a list of court forms used during a civil appeal.

To start an appeal of a trial court order or judgment, you need to file a Notice of Appeal. This form tells the trial court, the appellate court, and the other party that you are appealing a court decision and explains what you want the appellate court to do about it.

Use this program to make your Notice of Appeal. File the Notice of Appeal electronically with the circuit clerk where your case was heard.

For a detailed breakdown of the steps, review ILAO's guide to appealing a circuit court decision and see a list of court forms used in a civil appeal.

In most cases, you have 30 days after the final judgment to file a Notice of Appeal. There may be situations where the deadline to file may be less than 30 days or where you can file an appeal before the end of the case. You should talk to a lawyer to see if your case is an exception.

If you file a Motion for Reconsideration within 30 days of the final judgment, you have 30 days after the judge's decision on the motion to file your Notice of Appeal. Learn more about motions you can file instead of appealing.

You cannot file multiple motions to reconsider to try to extend the deadline for filing an appeal. Only the first motion extends the deadline to file a Notice of Appeal. 

You may ask for more time to file your Notice of Appeal under Supreme Court Rule 303(d). To do so, file a Motion and Proposed Order with the appellate court asking for permission (“leave”) to file a late Notice of Appeal. You must file the Motion within 30 days of when your Notice of Appeal was originally due. Attach your Notice of Appeal to your Motion, and explain in your Motion why you need more time and why you have a reasonable excuse for not filing within 30 days.

The appellate court does not have to give you more time to file your Notice of Appeal and may dismiss your appeal if you do not have a “reasonable excuse” for filing a late Notice of Appeal. If you’re not sure if your reason is valid, it’s a good idea to talk to a lawyer.

The Administrative Office of the Illinois Courts (AOIC) has a one-page overview guide that explains how to file common Motions to request more time for your civil appeal.

There are no fees associated with filing a Notice of Appeal. But you will have to pay a fee to the appellate court when you file your Docketing Statement. You will also have to pay any fees associated with creating the Record on Appeal and for the Report of Proceedings. The Report of Proceedings are the transcripts of the hearings or trial.

If you are eligible, you can file a request to waive the filing fee and the fee for preparation of the record on appeal. However, you may still have to pay for the report of proceedings. 

Yes, you are responsible for following all circuit court judgments and orders, even if an appeal is filed. Filing a Notice of Appeal does not automatically put on hold the circuit court's judgment or order.

To stop the other party from enforcing the circuit court’s order or judgment, you must file a motion to request a "stay" from the circuit court to be in effect during an appeal.

You will have to post an appeal bond or other form of security if you want to stop enforcement of a money judgment.  For non-money judgments, the stay may be conditioned on terms that as are just, which might include a bond or other security.

Exception: a court order that ends or terminates parental rights is automatically put on hold (“stayed”) for 60 days. During this time, a final adoption order cannot be entered. If someone files an appeal within these 60 days, the order will stay on hold until the appeal is finished or the court removes it. If no appeal is filed, the hold will automatically end after the 60 days.

If the judgment involves money, you must comply with Rule 305(a) when making a motion for a stay or extension of time. You must file a Notice of Appeal and appeal bond with the circuit court and serve the other party. The bond must be enough to cover the judgment, interest, and any costs. You must notify the other party of the filing of the bond.

If the judgment does not involve money, you must comply with Rule 305(b). You must file a Notice of Appeal and Motion asking the circuit court to stay enforcement. You must serve the other party with the Notice of Appeal and Motion, and then set the Motion for hearing. The circuit court may require you to file an appeal bond or might require other terms.

If the circuit court denies your request for a stay, then you may file a Motion for a stay in the appellate court following Rule 305(d). 

After filing your Notice of Appeal, you will be notified by the appellate court that the Notice was received. The appeal will be assigned a new case number by the appellate court. You will then have 14 days to:

1. Ask the circuit court clerk to prepare the Record on Appeal.
2. Ask the court reporter to prepare the transcripts of the hearings you want to include in the appeal (Report of Proceedings). If there was no court reporter, you can ask the circuit court to approve a Bystander’s Report or submit an Agreed Statement of Facts.   
3. File a Docketing Statement with the appellate court.
4. Pay the required fees or submit a fee waiver. 

For a detailed breakdown of the steps, review ILAO's guide to appealing a circuit court decision and see a list of court forms used in a civil appeal. Find a list of resources available for civil appeals. 

If you receive a Notice of Appeal, it means that the other party (the appellant) is going to try to convince the appellate court to overturn the circuit court’s decision made in your favor. In this process, you are known as the "appellee." You will eventually receive the Appellant’s Brief. It will outline the appellant’s arguments as to why they believe that the circuit court’s decision was wrong.

If you want to participate in the appeal, you should request a copy of anything filed in the appeal that you were not served with, including the docketing statement, the record on appeal, and the report of proceedings.

Yes, if part of the circuit court’s decision wasn’t in your favor, you can file a cross appeal. To do so, you must file your own Notice of Appeal. Check “Cross Appeal'' on the form. Follow the instructions for timely filing the Notice of Appeal in the appellate court and sending it to your opponent. You need to file the Cross-Appeal within ten (10) days of being served with the Notice of Appeal or within thirty (30) days after the decision being appealed, whichever is later. 

A brief is a written document that each side files with the appellate court to explain their argument. Briefs are important to the appeal process because the courts rely on them to understand each side’s position and decide if the lower court made a legal mistake.

Briefs usually include:

• A summary of the relevant facts of the case,
• The legal issues the appeal is based on,
• Arguments explaining your views, backed up by laws and past cases,
• A conclusion saying what you want the court to do, like overturning the lower court’s decision.

The side that starts the appeal must submit an “Appellant’s Brief.” The side responding to the appeal has the option to submit “Appellee’s Brief.”

Learn how to prepare your brief for appellate court.

Appellees are not required to file an Appellee’s Brief in response to the Appellant’s Brief. However, if you do not file a brief, you will have no other opportunity to tell the appellate court why the circuit court’s decision was right. You will not be allowed to participate in oral arguments. The court will consider only the record on appeal, transcripts (if applicable), and the appellant’s arguments. 

After the circuit clerk prepares and files the Record on Appeal, the person who started the appeal (the “appellant”) has 35 days to file their brief (21 days for appeals involving children).

After the appellant files their brief, the person responding to the appeal (the “appellee”) has 35 days to file their brief (21 days for appeals involving children).

After the appellee files their brief, the appellant can file a reply brief in 14 days. (7 days for appeals involving children).

Learn how to prepare your brief for appellate court.

Deadlines are very important in civil appeals. If you file your appeal late, it could be dismissed. If you miss a deadline or need more time to file something, you must file a Motion and Proposed Order with the appellate court and send it to the other party. Explain in your Motion why you need more time. Learn about filing a motion in Illinois Appellate Court.

The Administrative Office of the Illinois Courts (AOIC) has a one-page overview guide that explains how to file common Motions to request more time for your civil appeal. 

E-filing is required for most civil cases in Illinois. This means that instead of filing paper forms at the courthouse, you can send forms to the appellate court clerk through a computer. If you cannot e-file, you may qualify for an exemption. Learn about e-filing in Illinois. 

When you file documents in the appellate court, you must send them to the other parties in your case. This is called "serving" them. If the other party has a lawyer, you must serve their lawyer.

If both you and the person you’re serving have an email address, you must serve them by email or by notification through the e-filing system, if they elected notice through efiling. If either of you does not have an email address, you may serve them by personal hand delivery, U.S. mail, or third-party commercial carrier (for example, FedEx or UPS).

You must also file a Proof of Delivery (or “Proof of Service”) with your documents to show the court you have served the other party. All appellate court forms should include a Proof of Service.

Read Illinois Supreme Court Rules 11 and 12 for more details.

It can take many months to complete an appeal. Factors that impact the amount of time include:

• The issues involved,
• How long it took the parties to submit the record and their briefs to the appellate court,
• Any motions filed on the case, and
• The number of cases pending before the appellate court. 

The appellate court is not a trial and works differently than the circuit court. Three appellate justices will decide your civil appeal. There are no juries. Most of the process is done by reviewing written documents. The justices will consider:

• The record on appeal,
• The transcripts,
• The parties’ briefs, and,
• The parties’ oral argument (if granted by the court).

The appellate court then issues its decision in writing and will email a copy to the parties.  A copy of the decision will also be posted on the court’s website. 

Oral argument allows both parties to verbally present their case in front of three appellate justices. The appellant will present first. The appellee will respond, and then the appellant will argue a final reply.

Oral argument is not a new trial. You cannot call any witnesses or present any new evidence. You also cannot raise any issues that you did not raise in your brief. Each party typically has 15 to 20 minutes, and the justices may ask questions. 

Generally, a party requests an oral argument on the cover of their brief. If you are using the state forms, check the box "requested" or "not requested" under oral argument. However, the appellate court is not required to hold oral arguments. If oral argument is not granted, the court will decide based on the record, transcripts, and briefs. 

Review everything you submitted to the court, the brief filed by the other party, and the records on appeal ahead of the oral argument. You are not allowed to read directly from your brief. Instead, you should highlight your main points and summarize why you should win the case. Oral argument recordings from each appellate district are posted on the Illinois Courts' website.

The appellate court can make four types of decisions:

• Affirm: The appellate court agrees with the decision of the circuit court. If you appeal a case, and the appellate court affirms, you have lost your appeal.
• Remand: The appellate court is requesting that the circuit court do something more. Sometimes when the appellate court remands a case, it might mean a person gets to do the trial over again in the circuit court.
• Reverse: The appellate court disagrees with what happened in the circuit court, and it is undoing the decision. Again, it might mean that the trial is done over again.
• Reverse and remand: The appellate court disagrees with what happened in the circuit court, and the case has to be sent back to be corrected.

If the appellate court has ruled against you, and you believe the court overlooked or misunderstood key points of your case, you may file a Petition for Rehearing in the appellate court within 21 days after the decision. For more on this process, see ILAO’s guide on Petitioning the Appellate Court for a rehearing.

You can also try to bring your case to the Illinois Supreme Court by filing a Petition for Leave to Appeal within 35 days after the appellate court files its decision. Learn more about appealing to the Illinois Supreme Court. 

Yes, you can file both, but not at the same time. If you file a Petition for Rehearing, you must wait for the appellate court to rule on it before filing a Petition for Leave to Appeal. You must then file the Petition for Leave to Appeal within 35 days of the ruling on your Petition for Rehearing. If the Supreme Court decides not to review a case, the appellate court decision is final.

If you do not speak English well, the court will provide an interpreter for free. Contact the appellate clerk's office to notify them that you will need an interpreter.

Remember, all court documents must be submitted in English. A friend or family member cannot translate documents to submit to the court for you. You can find certified translators through the American Translator Association directory. If you’re incarcerated, you can file documents in another language, and the court will pay to have them translated.

For ADA accommodations, visit the Illinois Courts website. There you can find ADA Reasonable Accommodation Request forms and information about court access for persons with disabilities.

No, though it is certainly better to have a lawyer. However, businesses cannot represent themselves in appellate court unless they are sole proprietorships.

If you choose to appeal your case without a lawyer, you will need to:

• Follow the Supreme Court Rules carefully,
• Do a lot of legal research, and
• Write briefs in order to convince the appellate court that your position is correct.

You can search for a lawyer to represent you at Illinois Lawyer Finder or get legal advice from a lawyer through Get Legal Help. Learn more about the resources available for civil appeals.