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If you lose a lawsuit, you can appeal. This is called a “civil appeal” because it is different from criminal appeals.
The civil appeals process is difficult. It involves many strict…
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Help ILAO open opportunities for justiceA Notice of Appeal is a court form that tells the court and other parties that you are appealing a decision.
Generally, to start an appeal, you must file a Notice of Appeal in the circuit court where the case was decided. There are exceptions. These include administrative appeals under Rule 335 and certain appeals under Illinois Supreme Court Rules 306, 307(d), and 308. You would file the Notice of Appeal directly with the appellate court in those cases. The Notice of Appeal says what relief you will be seeking from the appellate court.
In general, you must file your Notice of Appeal within 30 days after the circuit court enters the judgment or order in your case. If any party files a motion to reconsider, or a similar motion, you must file your Notice of Appeal within 30 days after the circuit court rules on that motion.
If you are appealing an order that was entered without any prior notice to you, you must file a motion in the trial court to vacate that order. You must file your Notice of Appeal within 30 days after the trial court denies that motion. If the trial court fails to rule within 7 days after you file it, you must file your Notice of Appeal within 30 days after those 7 days.
If you are appealing the entry or denial of a temporary restraining order, you must file your Notice of Appeal within 2 days after the entry or denial of the order.
To figure out the deadline to file your Notice of Appeal, count from the day after the circuit court entered the order or judgment. You must count weekends and holidays. If the deadline to file falls on a weekend or holiday, you may file the Notice of Appeal on the next business day. If you file it by mail (because you have an exemption from e-filing) the date you send it is also the date of filing.
Note: If you do not file on time, your appeal will be dismissed because the appellate court will not have jurisdiction to hear your case. Be sure to read the Illinois Supreme Court Rules and pay careful attention to deadlines. The AOIC provides a one-page overview explaining 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 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.
You may ask for more time to file your Notice of Appeal. To do so, file a motion for leave to file a late Notice of Appeal with the appellate court within 30 days of when your Notice of Appeal was originally due.
You must attach your Notice of Appeal to the motion and pay a $50 filing fee. If you cannot afford to pay the filing fee, you can file an Application for Waiver of Court Fees (Appellate).
The appellate court does not have to give you more time to file your Notice of Appeal. The appellate court may dismiss your appeal if you do not have a “reasonable excuse” for filing a late Notice of Appeal.