Appellate Lawyers Guide

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Prepared by the Appellate Lawyers AssociationFirst Revision October 1, 1999Second Revision April 30, 2011

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A GUIDE TOILLINOIS CIVIL APPELLATE

PROCEDURE


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Copyright 2011, 1999By Appellate Lawyers AssociationAll rights reserved.

All Rights ReservedAuthorization to reprint items for inclusion in a publication for sales or to photocopy

items for educational use may be obtained from the Appellate Lawyers Association bycontacting Christine Teed, 1755 Park Street, #260, Naperville, Illinois 60563, (630) 416-1166.

This publication is designed to provide information in regard to the subject mattercovered. It is distributed with the understanding that the publisher is not engaged inrendering legal or other professional services. If legal advice or other expert assistance isrequired, the services of a competent, professional attorney should be sought.


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Preface

This guide to appellate procedure was first prepared by the Appellate LawyersAssociation in 1989 to help civil litigants who were handling their own appeals. Such litigantsare commonly called pro se litigants; pro se literally means for oneself. Prior to the 1999revision, the guide was titled A Guide to Illinois Civil Appellate Procedure for the Pro Se

Litigant. Because the Appellate Lawyers Association believes the guide has evolved into amanual that is also useful to lawyers engaged in appellate practice, the title no longer indicatesthe work is directed to the pro se litigant. Nevertheless, the focus remains on the pro selitigant. The user will find that many of the references to the pro se litigant intentionallyremain in the text and in the forms.

The guide is not designed to teach you how to write an effective brief or make apersuasive oral argument. Its only goal is to explain some of the procedural rules you need toknow to get your appeal to a decision on the merits. The guide is based on Illinois SupremeCourt Rules 301 through 384 in effect on April 30, 2011. These procedural rules areapplicable to all civil appeals in Illinois. Appeals in criminal cases are not dealt with in thisguide. In some areas the procedural rules in criminal appeals are not the same as the rules forcivil appeals. Illinois Supreme Court Rules 601 through 651 contain the rules for criminal

appeals.

The Supreme Court amends its rules from time to time, so you should always consultthe most recent version. The most current version can be found on the Courts website atwww.state.il.us/court,click on Rules. Also, a few procedural rules vary among the differentappellate and circuit courts. The individual rules of the court with which you are dealing mustbe followed, and if you have any questions regarding procedures, you must follow thedirections given to you by the particular court. The local rules for each appellate court districtalso can be found at www.state.il.us/court, click on Courts, then Appellate, and thenAppellate Court Local Rules. Wherever possible, variations are indicated in the guide.

If you are handling your own appeal not by choice but because you cannot afford orcannot find an attorney, you should be aware that there are organizations which may help you.

Information may be available through state and local bar associations or at the circuit orappellate court clerks offices. Contact information for the appellate court clerks can be foundin the Appendix and in the supreme courts website atwww.state.il.us/court,click on Courts,then Appellate.

This guide is available, free of charge, at the Appellate Lawyers Association website,www.applawyers.org.

The Appellate Lawyers Association expresses its gratitude to Joanne R. Driscoll, Kevin M.Forde, Ltd., 111 West Washington Street, Chicago, Illinois 60602, with the assistance of Kass A.Plain, Supervisor, Appeals Unit, Juvenile Division, Office of the Cook County Public Guardian,2245 West Ogden Avenue, Chicago, Illinois 60612, for the work they did in the second revision to

this guide.
http://www.state.il.us/courthttp://www.state.il.us/courthttp://www.state.il.us/courthttp://www.state.il.us/courthttp://www.state.il.us/courthttp://www.state.il.us/courthttp://www.state.il.us/courthttp://www.applawyers.org/http://www.applawyers.org/http://www.applawyers.org/http://www.state.il.us/courthttp://www.state.il.us/courthttp://www.state.il.us/court


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TABLE OF CONTENTS

Page

I. WHAT THE APPELLATE COURT DOES ............................................................................. 1

A. THE COMMON LAW RECORD ................................................................................. 1

B. THE REPORT OF PROCEEDINGS ........................................................................... 1

C. THE PARTIES BRIEFS ........................................................................................... 1

II. WHEN TO APPEAL ........................................................................................................... 2

A. APPEALS FROM FINAL ORDERS ........................................................................... 3

B. JUDGMENTS AS TO FEWER THAN ALL PARTIES OR ALL CLAIMS ........................4

C. MATTERS OTHERWISE APPEALABLE AS OF RIGHT ..............................................4

D. MATTERS OTHERWISE APPEALABLE BY PERMISSION .........................................6

III. STARTING THE APPEAL PROCESSAPPEALS AS OF RIGHT ...........................................7

A. THE NOTICE OF APPEAL ......................................................................................7

B. WHERE TO FILE ...................................................................................................8

C. WHAT IF YOU MISS THE 30-DAY DEADLINE? .......................................................9

D. STAY OF JUDGMENT PENDING APPEAL ............................................................. 10

1. Stay of Money Judgments ........................................................................ 10

2. Stay of Other Judgments .......................................................................... 10

3. Extension of Time to File Bond ................................................................. 10

4. Stays by the Appellate Court .................................................................... 10

5. Automatic Stay Pending Appeal of Termination ofParental Rights ........................................................................................ 11

6. Automatic Stay Permissive Appeals ........................................................ 11

IV. APPEALS BY PERMISSION ............................................................................................. 11

A. SUPREME COURT RULE 306 APPEALS ............................................................... 11

B. SUPREME COURT RULE 308 APPEALS ...............................................................12

V. THE DOCKETING STATEMENT .......................................................................................13

VI. PREPARING AND FILING RECORD ON APPEAL ..............................................................14


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A. TRANSCRIPTS OF COURT PROCEEDINGS ...........................................................14

1. Ordering the Transcripts ...........................................................................14

2. Getting the Transcripts Certified ...............................................................15

3. Correcting Mistakes .................................................................................16

4. Filing by Stipulation .................................................................................16

5. Additional Time for Filing the Transcripts .................................................17

B. WHAT TO DO IF THERE WAS NO COURT REPORTERTHEBYSTANDERS REPORT OF ORAL PROCEEDINGS ...............................................17

C. PREPARATION OF THE RECORD ON APPEAL ......................................................18

1. Ordering the Record on Appeal ................................................................. 19

2. Payment of the Preparation Fee ................................................................ 19

D. FILING THE RECORD ON APPEAL ....................................................................... 19

1. Sending the Record to the Appellate Court ................................................ 19

2. Obtaining the Record for Use in Preparing Your Brief ................................20

3. Certification in Lieu of Record ..................................................................20

E. SUPPLEMENTAL RECORD ..................................................................................20

F. SUPPORTING RECORD ....................................................................................... 21

G. SPECIAL RULES FOR RECORDS IN CERTAIN CASES .......................................... 21

VII. CHILD CUSTODY APPEALS .......................................................................................... 21

A. STARTING THE APPEAL ......................................................................................22

B. FILING AND SERVICE .........................................................................................23

C. DOCKETING STATEMENT ...................................................................................23

D. MANDATORY EXPEDITED DISPOSITION ............................................................. 24

1. Special Caption ......................................................................................... 24

2. Service Upon the Circuit Court .................................................................. 24

3. Status Hearing ......................................................................................... 24

4. Record ...................................................................................................... 24

5. Local Rules ............................................................................................... 24


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6. Due Dates for Briefs for Supreme Court Rules 301 and 304(b)(6) Appeals ..25

7. Due Dates for Briefs for Rule 307(a)(6) Appeals .........................................25

E. ORAL ARGUMENT ...............................................................................................25

F. AFTER THE APPELLATE COURT RULES ..............................................................25

VIII. APPEALS FROM FINAL ADMINISTRATIVE ORDERS .....................................................26

A. PETITION FOR REVIEW ......................................................................................26

B. PREPARING AND FILING THE RECORD FOR REVIEW .........................................27

IX. PREPARING AND FILING THE APPELLANTS BRIEF ........................................................28

A. TIME FOR FILING ...............................................................................................28

B. FORMAT OF THE BRIEF .....................................................................................28

1. Technical Matters .....................................................................................28

2. Brief Cover ...............................................................................................29

3. Points and Authorities ..............................................................................29

4. Nature of the Case ...................................................................................29

5. Jurisdictional Statement ..........................................................................29

6. Issue(s) Presented for Review ....................................................................29

7. Statement of Facts ...................................................................................29

8. Standard of Review ..................................................................................30

9. Argument .................................................................................................30

10. Conclusion .............................................................................................30

11. Certificate of Compliance .........................................................................30

12. Appendix ................................................................................................30

C. FILING AND SERVICE OF APPELLANTS BRIEF ................................................... 31

D. REFERENCE TO PARTIES ................................................................................... 31

E. RESEARCHING THE LAW FOR YOUR BRIEF (forpro selitigants) ......................... 31

1. Deciphering Legal Citations ...................................................................... 31

2. Finding the Law ....................................................................................... 32

F. EXTENSION OF TIME FOR FILING BRIEFS .........................................................33


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X. PREPARING AND FILING THE APPELLEES BRIEF.......................................................... 34

A. APPEARING AS APPELLEE .................................................................................. 34

B. CHECKING THE RECORD FOR COMPLETENESS ................................................ 34

C. TIME FOR FILING ............................................................................................... 34

D. FORMAT OF THE BRIEF ..................................................................................... 35

1. Technical Matters ..................................................................................... 35

2. The Cover ................................................................................................ 35

3. Points and Authorities .............................................................................. 35

4. Nature of the Case ................................................................................... 35

5. Jurisdictional Statement .......................................................................... 35

6. Statement of the Issues ............................................................................ 35

7. Statement of Facts ................................................................................... 35

8. Standard of Review .................................................................................. 35

9. Argument ................................................................................................. 35

10. Conclusion ............................................................................................. 35

11. Certificate of Compliance ........................................................................36

E. FILING AND SERVICE OF APPELLEES BRIEF .....................................................36

XI. PREPARING AND FILING APPELLANTS REPLY BRIEF ...................................................36

A. TIME FOR FILING ...............................................................................................36

B. FORMAT OF THE REPLY BRIEF ..........................................................................36

C. FILING AND SERVICE OF THE REPLY BRIEF ......................................................36

XII. ORAL ARGUMENT ........................................................................................................36

A. COURTROOM DEMEANOR..................................................................................37

B. THE CONTENT OF YOUR ARGUMENT .................................................................37

XIII. AFTER THE APPELLATE COURT ISSUES AN OPINION .................................................38

A. PETITION FOR REHEARING ................................................................................38

B. PETITION FOR LEAVE TO APPEAL ......................................................................38

1. Format of the Petition ...............................................................................38


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a. Technical Matters ................................................................................ 39

b. The Cover............................................................................................ 39

c. Prayer for Leave to Appeal .................................................................... 39

d. Statement of Date Upon Which Judgment Was Entered ....................... 39

e. Points Relied Upon For Review ............................................................. 39

f. Remainder of Petition ........................................................................... 39

2. Filing and Service of the Petition ............................................................... 39

3. Responding to the Petition ........................................................................ 39

4. If the Petition is Granted .......................................................................... 40

a. Notice of Election................................................................................. 40

b. Standing on Petition as Appellants Brief .............................................. 40

c. If You File an Appellants Brief ............................................................. 40

d. Reply Brief .......................................................................................... 40

APPENDIX

Clerks Offices Illinois Supreme and Appellate Courts ........................................................ A-1

Timelines ........................................................................................................... A-2 to 10

Exhibits


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1First Revision October 1, 1999Second Revision April 30, 2011

I. WHAT THE APPELLATE COURT DOES

The reasons for the rules of appellateprocedure are easier to understand if youhave some idea how the appellate courtoperates and what it can and cannot do for

you. The appellate courts function is toreview what has already happened in thecircuit court and decide, based on theissues raised, whether any legal errorsoccurred in those proceedings. In order todecide that, the appellate court can lookonly at what happened in the circuit court.It does not hear evidence by live witnesses,and it cannot consider anything that wasnot presented in the circuit court. Inaddition, it is not the appellate courtsfunction to search for errors. The appealingparty (the party who lost in the trial court is

called the appellant) must tell the courtwhat the claimed error is, and why whathappened was contrary to the law. Whenthe party is representing himself or herself,he or she is called apro selitigant.

Because the appellate courts review islimited to what happened in the circuitcourt and the claims of error that theappellant raises and argues, almosteverything considered by the appellatecourt is contained in three categories ofwritten documents:

A. THE COMMON LAW RECORD. Thisincludes all the pleadings, motions andother written documents the parties filed inthe circuit court during the course of theircase (for example, complaints, answers,motions to dismiss or for summary

judgment). It also includes all the writtenorders entered by the circuit court judge.

B. THE REPORT OF PROCEEDINGS.Also referred to as the transcript ofproceedings, this is the written record of

oral proceedings (for example, trialtestimony and oral arguments on motionspresented to the circuit court) that isprepared by the court reporter. These,together with the common law record, makeup the record on appeal.1

1 Sometimes the appellate court will considerexhibits of a descriptive or documentary nature,

C. THE PARTIES BRIEFS. These arewritten pleadings filed in the appellatecourt by the parties to the appeal. Theyexplain to the appellate court: (a) what thecase is about; (b) what happened in thecircuit court; (c) what the appellant believes

was wrong with the circuit courts decision;(d) the legal reasons why that decision iswrong, supported by appropriate citationsto existing law; and (e) why the party on theother side (the appellee) believes the circuitcourts decision was correct.

Most of the rules of appellate proceduredeal with getting these documents filed inthe appellate court in the proper form andin a timely fashion, so they can beconsidered by that court.

Once everything is filed, the appellatecourt judges have basically everything theyneed to decide an appeal. The court may,but is not required to, allow the parties topresent oral arguments about the case(typically 10 to 20 minutes is allowed toeach side). Oral argument is rarely grantedwhen one of the parties is pro se, that is,representing himself or herself. If oralarguments are to be heard, the partiesattorneys are notified when to appear beforea panel of three justices who not only listento what they have to say, but usually ask

questions about the case.

After reading the briefs, reviewing therecord, considering applicable law, andlistening to oral arguments (if the court hasdecided that oral argument is necessary),the three justices assigned to consider theappeal discuss the case among themselves,reach a decision, and file a written decision(an opinion or an order). All three justicesmust consider the case. If all are inagreement, one of them writes the decision,and the other two concur, that is, they

show their agreement by signing theirnames. If one of the justices does not

such as papers and photographs, if the circuitcourt considered them and if they are importantto the appeal. Oversized exhibits will not beincluded in the record except upon order of theappellate court entered on the courts ownmotion or pursuant to motion of any party.


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agree, he or she will file a written dissentexplaining the basis for the disagreement.

The decision agreed upon by two or morejustices is the judgment of the court.

The powers of the appellate court are

listed in Supreme Court Rule 366. The ruledescribes the type of relief the court maygrant; for example, reversing a judgmentand entering judgment for the other party,or vacating an order and sending the caseback to the circuit court for furtherproceedings. It also limits, to some extent,the issues that can be reviewed. Forexample, it provides that where there hasbeen a jury trial, the party appealingcannot raise on appeal any claim of errorthat was not raised in a post-judgmentmotion before the circuit court.

Filing the record and your briefs on timeand in a form the justices will consider isthe most important part of your appeal.

The Supreme Court Rules tell you whenand how to do that, beginning with thefiling of your notice of appeal through thefiling of your briefs. Those Rules arediscussed in this guide.

The Role of the Circuit and AppellateCourt Clerks

This is an appropriate place to explainthe different roles played by the offices ofthe circuit and appellate court clerks in theappeal. The office of the circuit court clerkaccepts and files your notice of appeal andassembles the record to be transmitted tothe appellate court. The office of theappellate court clerk accepts and files therecord and the briefs. The appellate courtclerk also makes sure that everything isfiled in a timely fashion, keeps track of themany cases pending on appeal, recordsrulings on motions issued in those cases,

and provides notice to the parties of thedate for oral argument and the date onwhich a decision will be issued in the case.

You will find the employees of theclerks offices most helpful in providinginformation within the areas of their duties.For example, you can ask an employee ofthe office of the clerk of the circuit court

when the fee for preparing the record mustbe paid and how you will receive noticewhen the record is ready. Similarly,employees of the offices of the appellatecourt clerks will answer any questions youmight have regarding how many copies of a

motion must be filed, whether the justiceshave ruled on a pending motion, andwhether a date has been set for oralargument.

Please bear in mind, though, that whilemany of the clerks are lawyers, most of theemployees that you will deal with in theiroffices are not. They are all prohibited fromgiving legal advice. They can tell you whattheir particular technical procedure is, butthey cannot fill out forms for you, preparenotices of appeal for you, draft motions for

you, or advise you in any way regardingyour appeal.

II. WHEN TO APPEAL

The when of an appeal is governed bySupreme Court Rules 301 through 308.

The most basic rule, and the one mostlikely to affect pro se litigants, is that onecan appeal (a) from final judgments thatend the case (Supreme Court Rule 301); or(b) in cases involving multiple parties ormultiple claims, when the circuit court

judge enters an order that ends thelitigation as to one or more (but fewer thanall) parties or claims and expressly findsthat the ruling can be either appealed orenforced (or both) immediately (SupremeCourt Rule 304(a)). Other types of

judgments or orders from which appealscan be taken as of right are set forth inSupreme Court Rules 304(b) and 307.Certain orders can be taken by permissionpursuant to Supreme Court Rules 306 and308. Each of these types of appeal isdiscussed in greater detail below.

It is very important to know when to fileyour notice of appeal because the failure tofile within the time allowed almostinvariably leads to dismissal of your appeal.

This is not a matter for the appellate courtsdiscretion. If your appeal is not filed ontime, the appellate court cannotconsider itbecause it has no jurisdiction to do so.


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A. APPEALS FROM FINAL ORDERS

Supreme Court Rule 301 provides aright to appeal from all final judgments ofthe circuit court in civil cases. A final

judgment is one that completely disposes

of the entire case, for example an orderdismissing the whole complaint withprejudice, or an order granting summary

judgment as to all defendants, or an orderentering judgment on a jury verdict (or onthe trial judges findings in cases triedwithout a jury). A judgment is final whenthere is nothing more for the circuit courtto do on the case. Your notice of appealmust be filed within 30 days from the datethat final judgment is entered. SupremeCourt Rule 303(a)(1). If the judge rulesorally, but requires that a written order

reflecting his or her ruling be prepared andfiled, then the 30-day period for filing theappeal runs from the date the written orderis entered by the court.

In counting the 30 days, you do notcount the date the judgment is entered.For example, if the circuit court grantssummary judgment on May 9 (the date onthe written order), May 10 is day 1; June 8is day 30. Saturdays, Sundays, andholidays must be counted. You must file

your notice of appeal on or before June 8.

You can file your notice of appeal beforeJune 8, but not later, unless the 30th dayfalls on a Saturday, Sunday or courtholiday (e.g., Thanksgiving Day, ChristmasDay, July 4th). In that case, your notice ofappeal must be filed on the very next daythe court is open for business. Forexample, if June 8 falls on a Sunday, then

your notice of appeal would be consideredtimely if it is filed on Monday, June 9.

The circuit court cannot extend the timeto appeal in any circumstance. However,

the filing of a post-judgment motion within30 daysof judgment (for example, a motionto reconsider or a motion for a new trial)will toll (that is, delay) the time to appeal.When a timely post-judgment motion isfiled, the time for appeal does not begin torun until the circuit court rules on thatmotion. Supreme Court Rule 303(a)(2).When the circuit courts judgment is the

result of a jury verdict,you must file a post-judgment motion in the circuit court topreserve any error for review by theappellate court. With other types of

judgments, a post-judgment motion is notusually necessary. After the circuit court

rules on the post-judgment motion, yourappeal must be filed within 30 days afterthe ruling and the time is calculated thesame as described above. Be careful,though. You cannot put off the time forappeal by filing one motion after another inthe circuit court once a final order has beenentered. When the circuit court hasentered its judgment, you are permittedone, and only one, post-judgment motionasking the court to consider its ruling oroverturn the jurys verdict. Once that isruled on, you must appeal within 30 days

or the case is over.

Some pro se litigants wonder why theyhave to wait until the end and cannotappeal every adverse ruling of the circuitcourt at the time it is made. There are tworeasons for that rule.

1. Suppose John Doe is injuredusing a product that he bought at XHardware Store. He sues the store andthe manufacturer of the product, AcmeManufacturing Company, making

claims of both negligence and strictproduct liability. The circuit courtgrants summary judgment for XHardware on his strict product liabilityclaims. Doe wants to appeal, but hecannot because the judgment is notfinal. He still has to go through a trialon his two claims against Acme and theone remaining claim against XHardware. Suppose further that thecase is tried, and the jury returns averdict in Does favor against both Acmeand X Hardware and awards him all the

damages he asked for. It would notmake any sense for Doe to appeal thesummary judgment in favor of XHardware on that one claim, because hehas gotten everything he wanted. Soreason number one is that, in the longrun, the order that seems so importantnow may not make any difference oncethe case is over.


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2. You should also keep in mindthat many orders are entered during thecourse of an action in the circuitcourtorders about discovery, ordersstriking or dismissing various counts ofa complaint, orders in favor of some but

not all defendants. An appeal from justone order can take as long as one year,depending on the backlog in theappellate court and how timely theparties file their briefs. Permittinglitigants to appeal from every singleorder entered in the litigation as soon asit is entered would prolong a case andcreate an impossible backlog in thecourts. Reason number two, then, isthat usually it just is not efficient topermit several appeals in a case whenany and all claimed errors can be

considered at one time in a singleappeal.

There are, however, times when thecircuit court will decide that there is nogood reason to delay appealing from anorder, even though it does not completelydispose of all the litigation. Those appealsare considered in Part B.

B. JUDGMENTS AS TO FEWER THANALL PARTIES OR ALL CLAIMS

Sometimes where there are multipleparties and/or multiple claims for relief, thecircuit court may decide when an orderdisposing of one party or one claim puts anend to that portion of the case so that thereis no good reason to delay the time toappeal the ruling. Those appeals aregoverned by Supreme Court Rule 304(a).

To use the hardware store example again,suppose the circuit court grants summary

judgment for X Hardware on both thenegligence claim and the strict productliability claim. The case is still pending

against Acme, so the order grantingsummary judgment for X Hardware is notfinal. Ordinarily, Doe could not appealeven though the litigation is over withregard to X Hardware. The same would betrue of an order that granted summary

judgment for both X Hardware and Acmeon Does strict product liability claim. Hisnegligence claims would still be pending, so

the order is not final even though there isnothing more to be done with Does strictproduct liability claim.

In order to make such an orderimmediately appealable, the circuit court

would enter a written finding that there isno just reason for delaying eitherenforcement or appeal of its ruling.Supreme Court Rule 304(a).

That finding could be made in the sameorder that grants summary judgment ordismisses a count of the complaint withprejudice or it could be entered later in aseparate order. If you have an orderentered against you that contains thefinding that there is no just reason to delayenforcement or appeal, the time for filing a

notice of appeal begins to run immediately.As with final orders disposing of the case,you may, within 30 days of such an order,file a motion in the circuit court asking the

judge to reconsider that ruling, althoughyou are not required to do so. If you do notfile a motion to reconsider, then you mustfile your notice of appeal within 30 days. Ifyou do not file a notice of appeal within 30days from the date when such an order isentered, you lose your right to appeal thatruling at any later time. If you do file amotion to reconsider and it is denied, then

you must file your notice of appeal within30 days after the date on which the orderdenying your motion to reconsider wasentered.

Just as with the final orders discussedin Part A, for purposes of calculating the 30days for filing your notice of appeal, youwould not count the day the order isentered. If the order is dated May 9, thenMay 10 is day 1 and June 8 is day 30. Thesame rule also applies when the 30th dayfalls on a Saturday, Sunday, or court

holidayyour notice of appeal must be filedon the very next day the court is open forbusiness, if you did not file it earlier.

C. MATTERS OTHERWISEAPPEALABLE AS OF RIGHT

There are some orders that are notfinal because they do not dispose of the


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entire litigation. Nevertheless, they areorders the Supreme Court has decidedinvolve special circumstances and must beimmediately appealed in order to preventundue hardship to the litigants. Thesetypes of special appeals are governed by

Supreme Court Rule 304(b) and SupremeCourt Rule 307.

Supreme Court Rule 304(b)

Supreme Court Rule 304(b) allows forimmediate appeal of the following

judgments or orders:

1. A judgment or order entered inthe administration of an estate,guardianship, or similar proceedingwhich finally determines a right or

status of a party. This would includean order finding someone to beincompetent and appointing a guardian,or an order approving a final accountingin an estate, or adjudicating who arethe heirs.

2. A judgment or order entered inthe administration of a receivership,rehabilitation, liquidation, or othersimilar proceeding which finallydetermines a right or status of a partyand which is not appealable under Rule

307(a). A pro se litigant would rarelybe involved in this kind of proceeding.

3. A judgment or order granting ordenying any of the relief prayed in apetition under section 2-1401 of theCode of Civil Procedure. A section 2-1401 petition asks for relief from a final

judgment that was entered more than30 days before the filing of the petition.Examples include cases where a default

judgment was entered more than 30days earlier or where there is newly

discovered evidence that could not havebeen found before the final judgmentwas entered or within 30 daysthereafter.

4. A final judgment or orderentered in a proceeding under section2-1402 of the Code of Civil Procedure.An example of such an order would be

one requiring a party to turn overmoney or other assets to satisfy a prior

judgment.

5. An order finding a person orentity in contempt of court which

imposes a monetary or other penalty.

6. A custody judgment enteredpursuant to the Illinois Marriage andDissolution of Marriage Act (750 ILCS5/101 et seq.) or section 14 of theIllinois Parentage Act of 1984 (730 ILCS45/14) or a modification of custodyentered pursuant to section 610 of theIllinois Marriage and Dissolution ofMarriage Act (750 ILCS 5/610) orsection 16 of the Illinois Parentage Actof 1984 (750 ILCS 45/16).

Just like the appeals from finaljudgments under Supreme Court Rule 301,your notice of appeal from one of theseorders would be due within 30 days afterthe order is entered or, if a timely post-

judgment motion is filed, within 30 days ofthe order disposing of the motion.

In child custody appeals brought underSupreme Court Rule 304(b)(6), there arespecial rules expediting the appeal process.They are discussed at Section VII, Part D.

Supreme Court Rule 307

Supreme Court Rule 307(a) allows forimmediate appeal of certain other ordersbefore final judgment, including, but notlimited to:

1. An order granting, modifying,refusing, dissolving, or refusingto dissolve or modify aninjunction;

2.

An order appointing or refusingto appoint a receiver orsequestrator;

3. An order giving or refusing togive other or further powers orproperty to a receiver orsequestrator already appointed;


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4. An order placing or refusing toplace a mortgagee in possessionof mortgaged premises;

5. An order appointing or refusingto appoint a receiver, liquidator,

rehabilitator or other similarofficer;

6. An order terminating parentalrights or granting, denying orrevoking temporary commitmentin adoption proceedingscommenced pursuant to section5 of the Adoption Act (750 ILCS50/5);

7. An order determining issues ineminent domain proceedings

under section 20-5-10 of theEminent Domain Act (735 ILCS30/20-5-10).

The notice of appeal from one of theseorders must be captioned "Notice ofInterlocutory Appeal" and, other than itscaption, should conform to the notice ofappeal filed in other cases. SeeSection III,Part A. It must be filed with the circuitcourt within 30 days from the entry of theinterlocutory order. A motion forreconsideration does not toll the running of

the 30-day deadline. If the order beingappealed was entered ex parte (only oneparty being present), a motion to vacatemust be filed in the circuit court beforeappealing. Supreme Court Rule 307(a).

Like child custody appeals broughtunder Supreme Court Rule 304(b)(6), appealsbrought under Supreme Court Rule 307(a)(6)are subject to special rules expediting theappeal process. They are discussed atSection VII, Part D.

Supreme Court Rule 307(d) also allowsfor immediate appeal of temporaryrestraining orders. The notice of appealmust be captioned "Notice of InterlocutoryAppeal" and filed with the circuit courtwithin two days of entry or denial of theorder from which review is sought. Duringthis same two-day period, a petition (asupporting memorandum is optional) and

supporting record must be filed in theappellate court. The format for such apetition is similar to a petition filedpursuant to Supreme Court Rule 306explained in Section IV, Part A.2

It shouldset forth the relief requested and the

grounds for that relief. Supporting Recordsare discussed inSection VI, Part F.

D. MATTERS OTHERWISEAPPEALABLE BY PERMISSION

There are other orders that are not"final" but may be appealed by permissionof the appellate court. You are notobligated to immediately appeal from theseorders after they are entered and can waituntil the entire case is over.


Under Supreme Court Rule 306, a partymay petition for leave to appeal to theappellate court from the following orders ofthe circuit court:

1. An order granting a new trial;

2. An order allowing or denying amotion to dismiss on grounds of forum nonconveniens, or from an order of the circuitcourt allowing or denying a motion to

transfer a case to another county within theState on such grounds;

3. An order denying a motion todismiss on the grounds that the defendanthas done nothing that could subjectdefendant to the jurisdiction of the Illinoiscourts;

4. An order granting or denying amotion for a transfer of venue;

5. Interlocutory orders affecting the

care and custody of unemancipated minors,if the appeal of such orders is not

2Unlike petitions discussed in Section IV, a Rule307(d) petition would be captioned Petition inSupport of Supreme Court Rule 307(d) Appealand would ask the court to reverse the orderentered by the circuit court. Supreme CourtRule 307(d).


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specifically provided for elsewhere in theSupreme Court Rules;3

6. An order that remands the

proceeding for a hearing de novobefore anadministrative agency;

7. An order granting a motion todisqualify the attorney for a party;

8. An order denying or grantingcertification of a class action under section2-802 of the Code of Civil Procedure (735ILCS 5/2-802); or

9. An order denying a motion todispose under the Citizen Participation Act(735 ILCS 110/1 et seq.).

Appeals brought pursuant to SupremeCourt Rule 306 require the filing of apetition, rather than a notice of appeal,within 30 days of entry of the order.Supreme Court Rule 306(c)(1). The filing ofa motion to reconsider an interlocutoryorder does not stay the time period for filinga petition for leave to appeal. Theseappeals and filing requirements are furtherdiscussed inSection IV, Part A. A petitionfor leave to appeal from orders affecting thecare and custody of unemancipated minorsmust be brought within 14 days of entry of

the order. Supreme Court Rule 306(b)(1); seeSection VII, Part A.


Supreme Court Rule 308 provides foranother type of permissive appeal from aninterlocutory order - the certified question.A party wishing to take an appeal underthis rule must obtain permission from thecircuit court and the appellate court. Thecircuit court must first issue an ordersetting forth the question and making the

following requisite findings: that a questionof law exists as to which there issubstantial ground for difference of opinionand that an immediate appeal may

3Some examples of interlocutory orders affectingthe care and custody of unemancipated minorsinclude permanency planning orders, visitationorders and temporary custody orders.

materially advance the ultimate terminationof the litigation. The requisite findings canbe made at the time of entry of the order orat any time on the court's own motion or onmotion of any party. Supreme Court Rule308(a).

If the circuit court issues an ordermaking the requisite findings, the partymust then apply to the appellate court forleave to appeal, asking the court to makethe same requisite findings. SupremeCourt Rule 308 appeals and their filingrequirements are further discussed inSection IV, Part B.

III. STARTING THE APPEAL PROCESS APPEALS AS OF RIGHT

You now know what orders you canappeal. This section will consider theproper form for a notice of appeal or otherdocument initiating your appeal for appealsbrought pursuant to Supreme Court Rules301, 304, and 307 and where to file it.

A. THE NOTICE OF APPEAL

If you are appealing from a finaljudgment or order pursuant to SupremeCourt Rule 301 or 304, you must give thefollowing information in your notice of

appeal: (a) the court you are appealing to(e.g., Appellate Court of Illinois for theSecond Judicial District); (b) the court youare appealing from (e.g., the Circuit Courtof the 19th Judicial Circuit, Lake County);(c) the name and circuit court numberassigned to your case; (d) the designation ofthe parties, that is, who is filing the appeal(the appellant) and who will be respondingto the appeal (the appellee); (e) what ordersof the circuit court you are appealing fromand the date they were entered; (f) what youwant the appellate court to do; and (g) your

address and a telephone number where youcan be reached during the day.

A notice of appeal for an appeal broughtunder Supreme Court Rule 307 would


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contain the same information but would becaptioned Notice of Interlocutory Appeal.4

Again, using the hardware store

example, suppose John Doe was hurt usinga product that was manufactured by Acme

Manufacturing Company and sold by XHardware Store. He filed suit against bothon April 17, 2008, claiming both negligenceand strict product liability. The circuitcourt entered an order dismissing his strictliability claim against X Hardware onSeptember 10, 2009, but did not add thefinding of no just reason for delayingenforcement or appeal, so John Doe couldnot appeal that ruling immediately. OnMay 9, 2010, the circuit court grantssummary judgment in favor of both Acmeand X Hardware on all remaining counts of

the complaint, and the case is then finishedin the circuit court. John Doe wants toappeal from both rulings and wants theappellate court to (a) reverse the orderdismissing his strict liability claim againstX Hardware, (b) reverse the order grantingsummary judgment, and (c) send the caseback to the circuit court for a trial on themerits of all of his claims. The suit wasfiled in Lake County, so his appeal goes tothe Appellate Court for the Second District.(A list of the appellate districts and thecounties they serve appears on the Illinois

Supreme Court website atwww.state.il.us/court/circuitcourt/circuitmap/map1.asp.) His notice of appealwould look like Exhibit 1 found in theAppendix.

Remember to identify every order youwant to appeal from, and you must tell theappellate court exactly what you want it todo about each of those orders. You shouldalso be careful to list in the caption of thenotice of appeal all the parties againstwhom you seek relief. (Note to workers

compensation appellants: The caption ofyour notice of appeal should be modified to

4 An appeal from the grant or denial of atemporary restraining order requires the filing ofa Notice of Interlocutory Appeal and a petition.SeeSection II, Part C. They are due within twodays of entry or denial of the order. SupremeCourt Rule 307(d).

Appeal to the Appellate Court of Illinois,Second District Industrial CommissionDivision).

It is important to note that the captionof the case does not change even where the

defendant is the appellant or where thefirst-named plaintiff or defendant is not aparty to the appeal. For example, using thehardware store example, if John Doe wonhis case and the defendants appeal, thecaption of the case would still be Doe v. XHardware Store and Acme ManufacturingCompany. Doe would be identified asPlaintiff-Appellee and the defendantswould be identified as Defendants-Appellants.

B. WHERE TO FILE

The notice of appeal (or notice ofinterlocutory appeal) is filed with the clerkof the circuit court where your case washeard. You need to take at least theoriginal and 1 copy to the clerk for filing.You should also take at least 1 extra copyso that you can have a copy stamped withthe filing date to keep for your own records.(You should do that with everything youfile; pleadings do not often get lost, butwhen they do, it is much easier toreconstruct the court file if you have kept

copies with an original stamp from thecourt.) In the Circuit Court of CookCounty, it is preferable to file the notice ofappeal in the Civil Appeals Division locatedin Room 801 of the Daley Center.

You can also file the notice of appeal bymailing the original and 1 copy to the clerkof the circuit court or delivering the originaland 1 copy to a third-party commercialcarrier, such as FedEx or UPS, for deliveryto the clerk provided delivery is to occurwithin 3 business days. A notice of appeal

is considered timely filed if it is actuallymailed or delivered to the third-partycommercial carrier on the 30th day afterthe date of the final order appealed from,even if it is not received and file-stamped bythe circuit court clerk until after the 30days has expired. Supreme Court Rule373.
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If your court filings are done by mail orby a third-party commercial carrier and youwant a file-stamped copy for your records,be sure to include (a) an extra copy (inaddition to the original and 1 copy that theclerk must have to process your appeal); (b)

a self-addressed, stamped return envelope;and (c) a note to the clerk asking him or herto return a file-stamped copy to you in theenclosed envelope.

Supreme Court Rule 303(c) requires theappellant to file in the appellate court acopy of the notice of appeal (or notice ofinterlocutory appeal) that was filed in thecircuit court and to serve a copy of thenotice of filing and notice of appeal on theother parties generally within 7 days offiling the notice of appeal in the circuit

court.5

It is better practice to prepare allthe documents at the same time and to fileand serve them on the same day. A partyfiling a notice of appeal in a child custodycase must also serve copies of the notice ofappeal on the trial judge who entered thejudgment or order appealed from and theoffice of the chief judge of the circuit in whichthe judgment or order on appeal wasentered. Supreme Court Rule 311(a)(2). SeeSection VII, Part D. Service is proved bysigning and attaching a proof of service orcertificate of service to the notice of filing.

The certificate of service is a swornstatement that the appropriate parties havebeen served. The notice of filing andcertificate of service in John Does casewould look likeExhibit 2in the Appendix.

C. WHAT IF YOU MISS THE 30-DAYDEADLINE?

There is rarely a good excuse for it, butit does sometimes happen that, through no

5The date a document is considered served on

another party depends on how service isaccomplished. If the document is personallydelivered, it is considered served on that day. Ifthe document is mailed, it is considered served 4days after mailing. If it is delivered to a third-party commercial carrier, such as FedEx or UPS,with instructions to deliver within 3 businessdays, it is considered served on the thirdbusiness day after delivery to the carrier.Supreme Court Rule 12.

fault of his or her own, a litigant does notget an appeal filed within the required 30-day period. If that happens, you have a 30-day grace period in which to file a motion inthe appellate court explaining the reasonwhy you missed the original deadline and

asking permission to file a late notice ofappeal. Supreme Court Rule 303(d). If theappellate court agrees, it may grant youleave to file your appeal. In order to getthat relief, you have to file all of thefollowing with the appellate court within 30days after the date on which your notice ofappeal should have been filed:

1. A motion asking for leave to filea notice of appeal. Your motion shouldfully explain why you were unable toappeal within the 30 days allowed. All

facts stated must be supported with anaffidavit (a sworn statement notarizedby a notary public). If any writtendocuments are important to yourexplanation, attach those too. Anymotion you file in the appellate courtmust be accompanied by a notice offiling. You must file the original and 3copies of the motion with the clerk ofthe appellate court. A sample motionfor leave to file a late notice of appeal,affidavit, and notice of filing andcertificate of service are provided in the

Appendix to this guide atExhibits 3,4,and5.

2. The original and at least 1 copyof the notice of appeal you want to file.

3. The $25 filing fee required of allappellants. Supreme Court Rule 313.

4. A draft order, indicating that themotion is granted/denied. Anexample of this type of order appears atExhibit 6 in the Appendix.

Whenever you file a motion in theappellate court, you must provide the clerkwith the original and 3 copies. SupremeCourt Rule 361(b)(3). The original is placedin a permanent file, and the copies aredistributed to the 3 justices assigned to

your case for their consideration. As witheverything you file, it is a good idea to keep


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a file-stamped copy for your records. If youfile the motion by mail or by third-partycommercial carrier and want a file-stampedcopy returned to you, be sure to include aself-addressed, stamped envelope and anote asking the clerk to return a file-

stamped copy to you.

Supreme Court Rule 361(b)(3) requiresthat a proposed order phrased in thealternative (e.g., allowed or denied) besubmitted with each motion. Forms areavailable in the office of the appellate courtclerk, and a sample order appears asExhibit 6 in the Appendix. Only theoriginal of the proposed order needs to besubmitted to the court, but you must senda copy to the opposing parties along with

your motion so they may submit any

objections to the motion or the wording ofthe order.

If the appellate court finds your excusefor not filing on time to be sufficient, it willenter the order requested and the appealcan proceed in the manner described in theremaining sections of this guide. The courtdoes not hear oral arguments on motions.Supreme Court Rule 361(b)(2). A copy ofthe signed order will be sent to you in themail.

While it is difficult to predict whatreasons the court will or will not accept, thefollowing are some examples of what mightbe considered a good excuse: illness, anhonest mistake in calculating when theappeal was to be filed, delay in the mail,severe weather conditions preventing thelitigant from getting to court or mailing thenotice of appeal, or failure to receive a copyof the final order being appealed until thenormal 30-day period for appeal hasexpired. This list is not exclusive, and if

you believe that your excuse is reasonable,

submit your motion to the court.

D. STAY OF JUDGMENT PENDINGAPPEAL

1. Stay of Money Judgments. A stayis an order that prevents a party fromenforcing a judgment order during anappeal. The enforcement of a money

judgment is stayed by a trial court only if atimely notice of appeal and an appeal bondare filed by the appellant within the time forfiling the notice of appeal or within anyextension of time granted. Supreme CourtRule 305(a). The amount of the bond must

be sufficient to cover the judgment,interest, and costs. Application for, andapproval of, appeal bonds should initiallybe made in the circuit court. If the circuitcourt refuses, the party should file a motionin the appellate court to have the bond set.Furthermore, notice of the presentment ofthe bond must be given to the appellee bythe appellant.

2. Stay of Other Judgments. If thejudgment you are appealing does notinclude monetary damages, the trial court

may stay the enforcement of the judgmentonly upon notice and motion. Although nototherwise required, the court may require

you to file an appeal bond. Supreme CourtRule 305(b). The amount of this bond willbe set by the court.

3. Extension of Time to File Bond. Thetrial court, appellate court, or one of theappellate court justices has the discretionto extend the time for filing an appeal bondif a party moves for an extension within thetime for filing the notice of appeal.

However, extensions granted by a trialcourt may not exceed 45 days unless theparties stipulate otherwise. If such amotion is filed in the appellate court, itmust be supported by an affidavit andaccompanied by a supporting record (seeSupreme Court Rule 328 discussed inSection VI, Part F) if the record on appealhas not been filed yet.

4. Stays by the Appellate Court.Although an application for a stay typicallyis made to the trial court, a motion for a

stay may be made to the appellate court orto one of its justices. A party filing such amotion in the appellate court must explainwhy application to the trial court is notpractical or that the application was filed inthe trial court and the trial court denied it.

The motion must be accompanied bysuggestions supporting the motion and asupporting record (see Supreme Court Rule


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328 discussed inSection VI, Part F), if therecord on appeal has not been filed. If theappellate court grants the stay, theappellate court clerk will notify the partiesand transmit to the clerk of the circuitcourt a certified copy of the order granting

the stay. Supreme Court Rule 305(d).

5. Automatic Stay Pending Appeal ofTermination of Parental Rights. An orderterminating parental rights initiated underthe Juvenile Court Act is automaticallystayed for 60 days. No final judgment orderof adoption can be entered for 60 days afterthe termination order is entered even if noparent contests the termination. Only thatportion of the termination order granting anagency or person the right to consent to thechild's adoption is stayed. The rest of the

termination order is in effect. If no notice ofappeal is filed, the automatic stay expires.If a parent or other party files a notice ofappeal, the stay continues until the appealis completed. No bond is required. A partymay file a motion in the appellate court tolift the automatic stay. Supreme Court Rule305(e).

6. Automatic Stay PermissiveAppeals. When leave to appeal is grantedwith respect to an appeal taken pursuant toSupreme Court Rule 306 (other than child

custody appeals), the proceedings in thecircuit court are stayed. The appellatecourt may, upon good cause shown, requirethe petitioner to file an appropriate bond.Supreme Court Rule 306(c)(5).

IV. APPEALS BY PERMISSION

A. SUPREME COURT RULE 306APPEALS

As discussed in Section II, Part D, thereare certain types of appeals that can be

taken by permission of the appellate court.If the order from which you seek to appealfalls within one of the enumeratedcategories in Supreme Court Rule 306, youmust seek permission or leave of court toappeal by filing a petition rather than anotice of appeal. An original and 3 copiesof the petition and supporting record(discussed at Section VI, Part F) must be

filed in the appellate court within 30 daysafter entry of the order along with therequisite notice of filing and certificate ofservice (discussed at Section III, Part B).The filing of a motion to reconsider aninterlocutory (non-final) order does not stay

the time period for filing the petition for leaveto appeal.

The petition should contain a statementof facts necessary to an understanding ofthe issue before the court and the groundsfor appeal. The statement of facts must besupported by reference to a separatesupporting record prepared in accordancewith Supreme Court Rule 328 (discussed atSection VI, Part F). The petition mustinclude an appendix consisting of a copy ofthe order appealed from and any opinion,

memorandum, or findings of fact entered bythe trial judge, and a table of contents tothe record. Supreme Court Rule306(c)(1),(3).

There are shortened time limits andadditional requirements for filing petitionsrelated to child custody orders pursuant toSupreme Court Rule 306(a)(5). They arediscussed inSection VII, Part A.

A sample petition for leave to appealand supporting memorandum can be found

at Exhibit 7. The sample is double-spaced,with a 1 left margin and a 1 rightmargin. This petition seeks leave to appealpursuant to Supreme Court Rule 306(a)(2)and is based on the following set of facts:Suppose John Doe, a resident of CookCounty, entered into a real estate contractto purchase farmland located in LakeCounty. The owner of the farmland, SamSmith, is a resident of Los Angeles,California. The contract was negotiated inCook County in the presence of MichaelMorris, the real estate broker, also a Cook

County resident. The contract required Doeto provide a $5,000 cashiers check toMorris by April 15, 2010 to be held inescrow and for Doe to sign a promissorynote for the balance and to provide aguaranty signed by his father-in-law, Rick

Jones, a business acquaintance of Smith.Doe provided the cashier's check but Rick

Jones had suffered a stroke on May 1, 2010


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and would not be able to sign the guarantybefore the closing date of May 21, 2010.Doe told Morris that his own father wouldsign the guaranty and Morris relayed thatinformation to Smith. Smith told Morristhat he would not agree to the substitution

and that the deal was over. He also toldMorris that he had received a better offerfrom someone else. After Doe threatened tosue him, Smith filed a declaratory action inLake County seeking a declaration that hewas not obligated to sell the farmland toDoe. Doe moved to transfer the lawsuit toCook County on the basis that it was themore convenient location, but the circuitcourt denied the motion, giving preferenceto Smiths chosen forum.

The opposing party has 21 days after

the filing of the petition to file an answer.Reply briefs are not permitted except byleave of court. Supreme Court Rule306(c)(2).

The petition and answer must befiled with a notice of filing and a certificateof service (discussed at Section III, Part B).

The appellate court will issue aruling whether to grant the petition andallow leave to appeal.

If leave to appeal is granted,proceedings in the circuit court areautomatically stayed. Within 48 hoursafter the petition is granted, the clerk of theappellate court will send notice to the clerkof the circuit court. Supreme Court Rule306(c)(5). The parties may stand on theirpetition or answer or file further briefs inlieu of or in addition to their petition oranswer. In order to stand on his or herpetition or answer, the party must notifythe clerk of the appellate court by letter.Otherwise, the appellants brief will be due

35 days from the date leave to appeal wasgranted; the appellees brief will be duewithin 35 days of the due date of theappellants brief; and the reply brief will bedue within 14 days of the due date of theappellees brief. Supreme Court Rule306(c)(7), 343(a). The format for thesebriefs is discussed in Sections IX, X, andXI.

Either party may request that additionalportions of the record be prepared or theappellate court may order the appellant tofile the record within 35 days of the ordergranting leave to appeal. Supreme Court

Rule 306(c)(6). Preparation of the record isdiscussed inSection VI.

B. SUPREME COURT RULE 308APPEALS

A party can also seek leave to appealwhen the circuit court has certified a legalquestion. Supreme Court Rule 308(a). Thedocument filed is called an Application forLeave to Appeal (similar to the petitiondiscussed in Section IV, Part A). Anoriginal and 3 copies of the application and

supporting record (discussed in Section VI,Part F) must be filed within 14 days afterthe requisite findings have been made bythe circuit court. Supreme Court Rule308(b). In addition to having a statement offacts supported by a supporting record, theapplication should set forth the certifiedquestion and a statement as to why asubstantial basis exists for a difference ofopinion on the question and why animmediate appeal may materially advancethe termination of the litigation. SupremeCourt Rule 308(c).

Within 14 days of the due date of theapplication, the adverse party may file anoriginal and 3 copies of an answer inopposition together with a supplementarysupporting record containing any additionalparts of the record. Oral argument isgenerally not permitted. Supreme CourtRule 308(c).

As with other filings in the appellatecourt, the application and answer must befiled with a notice of filing and certificate of

service. If you mail your filings to the clerkof the appellate court or if you use a third-party commercial carrier such as FedEx orUPS and would like a filed-stamped copyreturned to you, be sure to include an extracopy of your petition along with a returnenvelope with prepaid postage (discussed atSection III, Part B).


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If leave to appeal is granted underSupreme Court Rule 308, the parties will berequired to file briefs just as in appealsfrom final orders. In addition, either partymay request that additional portions of therecord be prepared or the appellate court

may order the appellant to file the recordwithin 35 days of the order granting leaveto appeal. The appellant must file a briefwithin the same 35 days. The remainingdue dates are the same as those for appealsfrom final orders. Supreme Court Rules308(d), 343(a). The format for briefs isdiscussed at Sections IX,X, andXI.

V. THE DOCKETING STATEMENT

Within 14 days after filing your notice ofappeal in appeals as of right (Supreme

Court Rules 301, 304, 307), you must file adocketing statement in the appellate courtwhich serves as notice to the court and theother parties in the appeal that all of thepreliminary steps have been taken; that is,that the transcripts and records have beenordered. It also gives the opposing partysome idea of the issues you will be raisingon appeal and other information thatpermits the justices of the appellate courtto see who the parties and their attorneysare so that they can decline assignment onappeals in which they have some

connection to the parties or attorneys thatwould make their participationinappropriate. At the same time, you mustpay a $25 appearance fee (unlesspreviously paid). Supreme Court Rule312(a).

In the case of discretionary appeals(Supreme Court Rules 306 and 308), thedocketing statement is due at the time theappellant files the Rule 306 petition or Rule308 application. In Rule 307(d) appeals,the docketing statement is due within seven

days from the filing of the notice of appeal.Supreme Court Rule 312(a).

The procedures among the appellatecourt districts vary, with some requiringonly that an original docketing statementbe filed and others requiring an originalplus 1 copy. You should contact the clerk

of the appellate court and ask how manycopies are required.

The information that must be includedin the docketing statement is set forth inSupreme Court Rule 312. Some of the

appellate court districts have developedtheir own forms based on that rule, copiesof which are available from the districtclerks. In the alternative, or if a preprintedform is not available in your district, youmay type your own using the form shown inExhibit 8 in the Appendix. In child custodyappeals, the docketing statement mustinclude a special bolded caption at the top ofthe first page. SeeSection VII, Part C. If youare filing an appeal in a workerscompensation matter, be sure to includeIndustrial Commission Division at the top

of the docketing statement after the districtnumber.

As with everything else you file, youmust serve a copy of the docketingstatement on all other parties and attach aproof of service so that the appellate courtis aware that you complied with this rule.You can use the sample notice of filing andcertificate of service that appears atExhibit2 but change the name of the document

you are filing and serving to DocketingStatement. If you file by mail or third-

party commercial carrier, remember toprovide an extra copy, in addition to thoserequired by the court, and a returnenvelope so you will have a file-stampedcopy for your records.

In order to find out the number thathas been assigned to your appeal (theappellate court assigns a different numberthan the circuit court), you can call theappellate court clerks office 7 to 10 daysafter you file your notice of appeal. By thattime, the clerk should have received your

notice of appeal from the circuit court clerkand assigned a number. Be sure you havethe name and circuit court number of yourcase handy when you talk to the clerk so heor she can look up the appellate courtnumber.

It is very important that you provide thecourt with an address where mail will reach


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you and a phone number where you can bereached during the day. The appellatecourt does not hear oral argument onmotions and does not rule from the benchas do circuit court judges. Everything issubmitted in writing, and the appellate

court makes its decision and issues awritten order. Supreme Court Rule 361(b).A copy of that order will be mailed to you,so the appellate court clerk must have yourcorrect address. The court also mailsnotice of the oral argument schedule andnotice of when its opinion will be issued. If

you move while your appeal is pending, besure to provide the appellate court clerkand all parties with aNotice of Change ofAddress (seeExhibit 9 in the Appendix).

VI. PREPARING AND FILING RECORD

ON APPEAL

When we speak of the appellate recordor the record on appeal, we are actuallyreferring to a combination of documents,some of which must be prepared by a courtreporter and others that are contained inthe circuit court files. These documents arenotautomatically prepared and sent to theappellate court when an appeal is filed.You have to ask that they be prepared, and

you also have to pay the fee for theirpreparation before they will be released.

This section deals with getting the courtreporters transcripts prepared and filed(Part A); what to do if there was no courtreporter (Part B);requesting preparation ofthe record on appeal by the circuit courtclerk (Part C); and filing the record in theappellate court (Part D). Supportingrecords submitted in support of appealstaken pursuant to Supreme Court Rules306, 307(d) and 308 are discussed inPart Fof Section VI.

Special rules for preparing and filing the

record in child custody appeals arediscussed inSection VII, Part D.

A. TRANSCRIPTS OFCOURT PROCEEDINGS

Procedures vary widely in the keeping ofa record of oral proceedings that take placebefore the circuit court judge. In some

courts, a court reporter is almost neverpresent, unless one of the parties requestsone. In other circuit courts, theproceedings will be recorded by the court.

The recording or reporters notes will bekept until one of the parties requests the

preparation of the written transcript. Theappellate court will need transcripts of theimportant hearings in order to properlyreview your case. You may not need torequest transcripts of every single hearingthat took place. For example, if at onehearing, all the judge did was continue thehearing to another date, that probably willnot be important to the appeal unless youplan to raise some particular issue aboutthe continuance. But if a hearing dealt inany way with any of the issues you will beraising in the appellate court and the

proceedings were recorded, you must havea transcript.

For example, in John Does case, hewants to appeal from the order ofSeptember 10, 2009, dismissing count II ofhis complaint, and the order of May 9,2010, granting summary judgment as tothe remaining claims. He will needtranscripts of every hearing dealing withthose rulings. Let us assume that theimportant proceedings are the hearings onSeptember 10, 2009 and on May 9, 2010.

John Doe needs to include thosetranscripts in the record.

1. Ordering the Transcripts. As theappellant, you are responsible forcontacting the court reporter and orderingthe transcripts. Within the time for filingthe docketing statement (seeSection V), theappellant must make a written request tothe court reporter to prepare the transcriptof proceedings that the appellant wishes tobe included in the report of proceedings.

The first step is to talk to the courtreporter and find out (a) how much it willcost to have the transcripts prepared andwhat arrangements must be made forpayment; (b) about how long it will take toprepare the transcripts; (c) how the courtreporter will notify you when the transcriptsare ready; and (d) whether the courtreporter will send the original to the judge


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to be certified and filed or whether you haveto take care of that detail yourself. If thereporter will be sending you the original,

you will need to ask the reporter to sendopposing counsel a letter that the transcripthas been prepared. Supreme Court Rule

323(b).

When you talk to the reporter, beprepared with pertinent information. He orshe will need to know the name and courtnumber of your case; what circuit court

judge heard the case; the exact dates of theproceedings you want transcribed; andwhen the notice of appeal was filed or is tobe filed. Remember, court reporters are incourt much of the day and also receive a lotof requests for transcripts, so they needplenty of advance notice in order to arrange

their schedules to have time to write upyour transcripts.

After you talk to the court reporter,confirm the arrangements in writing. SeeExhibit 10 in the Appendix.

Supreme Court Rule 312 requires thatyou notify other parties of what transcriptsyou have requested. That information isincluded in the docketing statement theappellant must file in the appellate courtand serve on all parties (discussed in

Section V). If the opposing party believesother transcripts are necessary, he or shemust notify you of that fact in writingwithin 7 days after service of thenotification, specifying what additionaltranscripts are necessary. If you receivesuch a notice, you must, within 7 days, askthe court reporter to prepare the additionaltranscripts requested or, if you think therequest is unjustified, file a motion in thecircuit court asking the judge to enter anorder that the additional portions not beincluded unless the opposing party pays for

their preparation. Supreme Court Rule323(a).

2. Getting the Transcripts Certified.You are not finished once the report ofproceedings is received from the courtreporter. The report of proceedings has tobe filed in the circuit court within 49 days(7 weeks) after your notice of appeal was

filed. Supreme Court Rule 323(b). Again,in calculating when the report ofproceedings is due, you do not count thefirst day if John Doe filed his notice ofappeal on June 8, 2010, then June 9, 2010would be Day 1. Day 49 would be July 27,

and the report of proceedings would have tobe filed in the circuit court on or before thatday.

In some circuit courts, when thetranscript of proceedings is completed, thecourt reporter does not give the original tothe parties; rather, he or she gives itdirectly to the circuit court judge. The

judge signs a certification provided by thecourt reporter certifying that the transcriptis accurate, and the transcript is then sentto the circuit court clerk to be included in

the record. If the circuit you are in followsthis procedure (be sure to ask the courtreporter how it is done), then you need notbe concerned with the remainder of thisSection.

In other circuits of this State, however,the court reporters do not send thetranscript to the judge for certification. Inthose circuits (for example, the CircuitCourt of Cook County), the court reporterturns the original transcript over to theparty who ordered it, and it is that partys

responsibility to file the transcript in thecircuit court for inclusion in the record.

If you are in one of the circuits wherefiling must be handled by the parties, youcannot just walk in and hand the report ofproceedings to the clerk of the circuit court.In those circuits, you must ask the courtreporter to send a letter advising all parties,pursuant to Supreme Court Rule 323(b),that the report has been completed and hasbeen turned over to the appellant. Within14 days after the letter is received, all

parties have the right to inspect the reportof proceedings at a mutually convenienttime and place. If within 14 days, no partyhas raised any objection (citing allegedinaccuracies involving matters ofsubstance), you may file the report ofproceedings in the circuit court withoutfurther certification. If the opposing partyhas not attempted to inspect the report of


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proceedings within the 14 days, you maystill file the report of proceedings withoutfurther certification. File the report ofproceedings in the circuit court with anotice of filing and certificate of service andbe sure to attach a copy of the Rule 323(b)

letter you received from the court reporter.A copy of the notice of filing report ofproceedings can be found in the Appendixat Exhibit 11.

If one of the parties has inspected thereport of proceedings and raised anobjection to its accuracy with respect tomatters of substance and you disagree withthe objection, you must have the report ofproceedings certified as accurate by the

judge who heard your case. The courtreporter will include, as the last page of the

report of proceedings, a standardized formfor the judge to sign, certifying the reportsaccuracy. You must then file a motion, givethe opposing party or parties notice, andappear before the judge to get his or hersignature on that page.

In John Does case, the notice andmotion would appear as set forth inExhibits 12 and13 of the Appendix. (Manyof the circuit courts have standardizednotice of motion formsyou may use theseforms instead of typing your own.) You

must look at the local circuit court rules todetermine how much notice must be givento the parties to present the request forcertification to the judge.

Once the report of proceedings has beencertified, you must take it to the clerk of thecircuit court and file it with a notice of filing(Exhibit 11 of the Appendix). The clerk willthen include it in the record that will befiled in the appellate court (discussed inPart C of this Section VI).

3. Correcting Mistakes. Thereprobably has never been a report ofproceedings prepared that did not includetypographical or other minor errors. Theyare hurriedly prepared, and the courtreporter may have misheard a word or hadto transcribe two or three people trying totalk at the same time. If the transcript isintelligible and the error does not change

the sense of what was said, do not worryabout it. The appellate court will be able todecipher it. If you come across passagesthat are unintelligible, however, or wheresomething important has been omittedaswhere a passage should have no or not

in it, but the negative has been omittedmaking it sound as though you were urgingthe court to dismiss your case or grantsummary judgment against youtalk to thecourt reporter about preparing an erratasheet to correct the errors. If that is done,this too should be presented to the judge aspart of the record to be certified.

4. Filing by Stipulation. There is analternative way to get the report ofproceedings filed. Supreme Court Rule323(b) provides that the parties may

stipulate to the filing of the report ofproceedings without certification by thejudge. This saves the time to file a motionand appear in court. In order to file bystipulation, you need to talk to the otherparties attorneys or to the partiesthemselves if they do not have attorneys.Inform them that you want to file the reportof proceedings by stipulation and make acopy of the report of proceedings availableto them for examination.

Some judges require that the parties

proceed by way of stipulation and will notcertify the record even if you ask them to doso. Most likely, their rationale is that theyhear so many proceedings that they cannotpossibly remember what happened in eachone word for word. The parties, however,are more likely to remember what happenedin their particular case and are in a betterposition to know if the transcript isaccurate.

Whether you choose to proceed by wayof stipulation or the judge requires you to

do so, the method is the same. A samplestipulation can be found at Exhibit 14 inthe Appendix. It assumes the parties wantto make certain changes to correct errors inthe report of proceedings. If there are noerrors that require correction (remember,

you do not have to worry about harmlesstypographical errors), just omit the portiondealing with corrections. If the stipulation


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is to be used, all you need to file with theclerk of the circuit court is the originalstipulation, signed by all parties (Exhibit14), and the original copy of the transcript.For purposes of review, it makes absolutelyno difference whether the report is filed by

stipulation or certified by the judge.

5. Additional Time for Filing theTranscripts. Sometimes the transcript ofproceedings cannot be prepared in time forfiling within 49 days. A court reporter maybe ill or, if the necessary hearing took place

years earlier, it may take time to locate thereporter or for some other reporter todecipher the notes and prepare thetranscript. In addition, the circuit court

judge may be unavailable to certify thereport of proceedings within the time period

provided (although you can obtaincertification from any judge sitting in his orher place). Supreme Court Rule 323(b).You can get additional time, but you mustfile a motion in the appellate court askingfor an extension of time and explaining whythe transcript cannot be prepared withinthe time provided. Any motion forextension of time must be supported by anaffidavit (a sworn statement before a notarypublic) or by verification by certification.Supreme Court Rules 323(e) and 361(f).For example, if you contacted the court

reporter and were informed that thereporter was ill or on vacation or simplycannot finish the transcript(s) on time, then

you need to explain that to the appellatecourt. You also need to advise the court asto the date the reporter said thetranscript(s) will be completed. A samplemotion to extend time appears atExhibit 15in the Appendix.

Along with your motion to extend timefor filing the transcript of proceedings(Exhibit 15), you must include a draft

order, notice of filing and certificate ofservice. Samples of those forms are atExhibits 5 and6 in the Appendix. All youneed do is change the description of themotion to Motion to Extend Time for Filing

Transcript of Proceedings. You will need toadd the circuit court clerk to the service listwith respect to any motions for extension of

time that will affect the timing for filing therecord. Supreme Court Rule 323(d).

Remember, the appellate court clerk willneed the original and 3 copies of yourmotion. If you want a file-stamped copy for

your records, provide an extra copy. If youfile by mail or by third-party commercialcarrier, dont forget the self-addressed,stamped envelope for return of your copy.

If your motion is granted, the appellatecourt will issue an order setting a new datefor filing the transcript in the circuit court.You should send a copy of any orderextending the time for filing the transcriptto the clerk of the circuit court because thetime for filing the record on appeal isautomatically extended by an order

extending the time for filing the report ofproceedings. The record on appeal will notbe due in the appellate court until 14 daysafter the due date for the report ofproceedings. Supreme Court Rule 326.

B. WHAT TO DO IF THERE WAS NOCOURT REPORTERTHEBYSTANDERS REPORT OF ORALPROCEEDINGS

If, and only if, there was no courtreporter present, you may have to prepare

what is called a bystanders report toinform the appellate court what happenedduring oral proceedings before the circuitcourt. Supreme Court Rule 323(c). Thisshould be necessary only in the case ofhearings at which the judge of the circuitcourt heard evidence from witnesses underoath. If the proceeding was one at whichthe judge only heard the arguments of theparties, for example on a motion to dismiss,or only heard arguments about evidencethat was submitted in writing and made apart of the written record (for example,

affidavits submitted as part of a motion forsummary judgment), then you probably donot need to worry about having atranscript.

Where evidence was taken orally, thereis a substitute for the reporters transcript.Someone who was there and actually heardwhat was said can write a concise,


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accurate, and factual account of what wassaid, called a bystanders report. It couldbe written by a party or it could be writtenby the person who actually said it. Such adocument would typically consist of a seriesof short, numbered paragraphs, each one

setting out what was said by a particularperson.

If you prepare a bystanders report, acopy of it must be served on all otherparties within 28 days after you file yournotice of appeal. Within 14 days afterservice of the report, other parties can serveon you proposed amendments to yourreport or submit their own proposedbystanders reports. Within 7 days afterreceiving the other parties amendments orproposed reports (or within 7 days after you

should have received them, if none areserved by the other parties), you mustpresent the proposed report or reports tothe circuit court judge who heard theevidence. You must give proper notice that

you will be presenting the bystandersreport to the judge. Use the form captionedMotion to Certify Report of Proceedings(Exhibit 11 in the Appendix), but referinstead to Bystanders Report rather thanto Report of Proceedings. If the parties donot agree on the facts, any conflicts will beresolved by the judge, who will then certify

the final form settled upon and order that itbe filed as part of the record.

If the parties can agree on whattestimony was given at the hearing, thencertification is not necessary. They canstipulate to a statement of facts material tothe appeal, reduce it to writing, and file itwith the clerk of the circuit court within 49days (7 weeks) after the notice of appealwas filed. Supreme Court Rule 323(d). Asample stipulation appears atExhibit 16 inthe Appendix.

C. PREPARATION OF THE RECORDON APPEAL

The clerk of the circuit court willarrange the record on appeal in 3 sections:the common law record, the report ofproceedings, and the trial exhibits.Supreme Court Rule 324. The common law

record includes every single motion,pleading, order, or other written documentfiled in the circui

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