How to Appeal a Court’s Decision in Illinois?
If you lose your trial case in Illinois, you have a second chance to have the ruling overturned by filing an appeal. Three appellate court judges will review your case to see if your argument has any merit.
Notice of Appeal
You have thirty days after the final ruling to file an appeal by recording a notice of appeal with the Clerk of the court where your case was held. As of July 2017, all civil cases must be filed electronically. Your notice of appeal must include the following:
- The court which you are appealing to (which county appellate court).
- The court from which you are appealing the decision.
- Your case name and number.
- Your full contact information.
- The final ruling and statement of the issue.
- What you want to happen.
You must serve a copy of the appeal to the opposing counsel within seven days of filing the notice of appeal. You must also serve a docketing statement to the appellate court within 14 days of filing your appeal. The docketing statement is a snapshot of your appeal details.
Your appellant brief must be filed no later than thirty-five days after recording your notice of appeal. It can contain no more than fifty pages, not including the appendix.
You must make nine copies of the brief and deliver them to the appellate court clerk. You must also provide three more copies to all other parties involved (one copy if via email).
The appellee’s brief is due back within thirty-five days following receiving the appellant brief.
The appellant has another fourteen days to file a reply brief if they want.
The judges on the panel will discuss, review and make their opinion based on the briefs and in rare cases oral arguments. All parties will be notified in writing of the final decision.
Petition For Rehearing
If you disagree with the final decision, you may apply for a petition to have the case reviewed again or choose to take it to the Supreme Court for further review.