Guide Civil Appeals

____________________________________
A GUIDE TO
ILLINOIS CIVIL APPELLATE
PROCEDURE
Copyright © 1999, 2011-2016, 2018-2019
By Appellate Lawyers Association
All rights reserved.
All Rights Reserved

Authorization to reprint items for inclusion in a publication or to reproduce items in bulk
for educational or other use may be obtained from the Appellate Lawyers Association at 1717
North Naper Boulevard, Suite 102, Naperville, Illinois 60563, (630) 416-1166, ext. 303.
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This publication is designed to provide information in regard to the subject matter

covered. It is distributed with the understanding that the publisher is not engaged in rendering
legal or other professional services. If legal advice or other expert assistance is required, the
services of a competent, professional attorney should be sought.
******
Updated and revised in November 2018 by:
Chad M. Clamage Susan M. Horner

Burford Capital LLC Burke, Warren, MacKay & Serritella, P.C.
Co-chairs of the Committee on

The Guide to Illinois Civil Appellate Procedure
Kass A. Plain
Office of the Cook County Public Guardian
Preface
This guide to appellate procedure was first prepared by the Appellate Lawyers Association
in 1989 to help civil litigants who were handling their own appeals. Such litigants were
commonly called pro se litigants; pro se literally means “for oneself.” The guide was titled “A
Guide to Illinois Civil Appellate Procedure for the Pro Se Litigant.” Because the Appellate Lawyers
Association believed the guide was also useful to lawyers engaged in appellate practice, the title
was changed in 1999 eliminating the reference to the pro se litigant. Nevertheless, many of the
references to the pro se litigant (now called the “self-represented” litigant) intentionally remain
in the text and in the forms.
The guide is not designed to teach you how to write an effective brief or make a persuasive
oral argument. Its only goal is to explain some of the procedural rules you need to know to get
your appeal to a decision on the merits. The guide is based on Illinois Supreme Court Rules 301
through 384. These procedural rules are applicable to all civil appeals in Illinois. Appeals in
criminal cases are not dealt with in this guide. In some areas the procedural rules in criminal
appeals are not the same as the rules for civil appeals. Illinois Supreme Court Rules 601 through
663 set forth the rules for appeals in criminal cases, post-conviction cases and juvenile court
proceedings.
The Supreme Court amends its rules from time to time, so you should always consult
the most recent version, which can be found on the Illinois Courts’ website at
http://www.illinoiscourts.gov/, click on “Rules” under Quick Links. Also, a few procedural rules
vary among the different appellate court districts. The local rules for each district can also be
found at http://www.illinoiscourts.gov/, click on the “Courts” tab, then “Appellate,” and then
“Local Rules.” The local rules of the court with which you are dealing must be followed.
If you are handling your own appeal because you cannot afford or cannot find an attorney,
you should be aware that there are organizations that may help you. Information may be
available through state and local bar associations or at the circuit or appellate court clerks’
offices. Contact information for the appellate court clerks can be found in the Appendix and on
the Illinois Courts website at http://www.illinoiscourts.gov/, click on “Courts,” then “Appellate”
and then “Appellate Clerks and Contact Information.”
This guide is available, free of charge, on the Appellate Lawyers Association website,
www.applawyers.org under the “Resources” tab.
The Appellate Lawyers Association expresses its gratitude to Chad M. Clamage, Burford
Capital LLC, and Susan M. Horner, Burke, Warren, MacKay & Serritella, P.C., with the assistance
of Kass A. Plain, Office of the Cook County Public Guardian, for their efforts in revising the guide
to address electronic filing and recent rule changes. The Appellate Lawyers Association also
expresses its gratitude to Joanne R. Driscoll, Forde Law Offices LLP, for her efforts in resurrecting
this guide in 2011 and updating it through 2016.
(rev’d November 2018)
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TABLE OF CONTENTS
Page
I. WHAT THE APPELLATE COURT DOES .......................................................................... I-1
A. THE APPELLATE PROCESS ................................................................................. I-1
1. The Common Law Record ........................................................................ I-1
2. The Report of Proceedings ....................................................................... I-1
3. The Parties’ Briefs ................................................................................... I-1
B. THE ROLE OF THE CIRCUIT AND APPELLATE COURT CLERKS .......................... I-2
C. ELECTRONIC FILING .......................................................................................... I-2
D. APPROVED FORMS FOR SELF-REPRESENTED PARTIES ..................................... I-4
II. WHEN TO APPEAL ....................................................................................................... II-1
A. APPEALS FROM FINAL ORDERS ....................................................................... II-1
B. JUDGMENTS AS TO FEWER THAN ALL PARTIES OR ALL CLAIMS ..................... II-2
C. MATTERS OTHERWISE APPEALABLE AS OF RIGHT .......................................... II-3
D. MATTERS OTHERWISE APPEALABLE BY PERMISSION ..................................... II-5
III. STARTING THE APPEAL PROCESS—APPEALS AS OF RIGHT ...................................... III-1
A. THE NOTICE OF APPEAL ................................................................................. III-1
B. FILING AND SERVICE ...................................................................................... III-1
C. WHAT IF YOU MISS THE 30-DAY DEADLINE – FILING A MOTION .................... III-3
D. STAY OF JUDGMENT PENDING APPEAL .......................................................... III-4
1. Stay of Money Judgments ..................................................................... III-4
2. Stay of Other Judgments ....................................................................... III-4
3. Extension of Time to File Bond .............................................................. III-4
4. Stays by the Appellate Court ................................................................. III-4
5. Automatic Stay Pending Appeal of Termination of

Parental Rights ..................................................................................... III-4
6. Automatic Stay – Permissive Appeals ..................................................... III-5
ii
IV. APPEALS BY PERMISSION ........................................................................................... IV-1
A. SUPREME COURT RULE 306 APPEALS ............................................................. IV-1
B. SUPREME COURT RULE 308 APPEALS ............................................................. IV-2
V. THE DOCKETING STATEMENT ...................................................................................... V-1
VI. PREPARING AND FILING THE RECORD ON APPEAL ..................................................... VI-1
A. TRANSCRIPTS OF COURT PROCEEDINGS ......................................................... VI-1
1. Ordering the Transcripts ......................................................................... VI-1
2. Correcting Mistakes ............................................................................... VI-2
3. Additional Time for Filing the Transcripts ............................................... VI-2
B. WHAT TO DO IF THERE WAS NO COURT REPORTER—THE

BYSTANDER’S REPORT OF ORAL PROCEEDINGS ............................................. VI-3
C. PREPARATION OF THE RECORD ON APPEAL .................................................... VI-3
1. Ordering the Record on Appeal ............................................................... VI-4
2. Payment of the Preparation Fee .............................................................. VI-4
D. FILING THE RECORD ON APPEAL ..................................................................... VI-5
1. Filing of the Record in the Appellate Court .............................................. VI-5
2. Obtaining the Record for Use in Preparing Your Brief .............................. VI-5
E. SUPPLEMENTAL RECORD ................................................................................ VI-5
F. SUPPORTING RECORD ..................................................................................... VI-6
G. SPECIAL RULES FOR RECORDS IN CERTAIN CASES ........................................ VI-6
VII. CHILD CUSTODY OR ALLOCATION OF PARENTAL RESPONSIBILITIES APPEALS ....... VII-1
A. STARTING THE APPEAL ................................................................................... VII-1
B. FILING AND SERVICE ...................................................................................... VII-2
C. DOCKETING STATEMENT ................................................................................ VII-3
D. MANDATORY EXPEDITED DISPOSITION .......................................................... VII-4
1. Special Caption ...................................................................................... VII-4
2. Service Upon the Circuit Court ............................................................... VII-4
3. Status Hearing ...................................................................................... VII-4
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4. Record ................................................................................................... VII-4
5. Deadline for Decision ............................................................................. VII-4
6. Local Rules ............................................................................................ VII-5
7. Briefing Schedule ................................................................................... VII-5
8. Due Dates for Briefs for Rule 307(a)(6) Appeals ...................................... VII-5
E. ORAL ARGUMENT ............................................................................................ VII-5
F. AFTER THE APPELLATE COURT RULES ........................................................... VII-5
VIII. APPEALS FROM FINAL ADMINISTRATIVE ORDERS ................................................. VIII-1
A. THE PETITION FOR REVIEW ........................................................................... VIII-1
B. PREPARING AND FILING THE RECORD FOR REVIEW ..................................... VIII-2
IX. PREPARING AND FILING THE APPELLANT’S BRIEF ...................................................... IX-1
A. TIME FOR FILING ............................................................................................. IX-1
B. FORMAT OF THE BRIEF ................................................................................... IX-1
1. Technical Matters................................................................................... IX-1
2. Brief Cover ............................................................................................. IX-2
3. Points and Authorities ............................................................................ IX-2
4. Nature of the Case ................................................................................. IX-2
5. Issue(s) Presented for Review .................................................................. IX-2
6. Jurisdiction ........................................................................................... IX-2
7. Statement of Facts ................................................................................. IX-2
8. Standard of Review ................................................................................ IX-3
9. Argument ............................................................................................... IX-3
10. Conclusion ........................................................................................... IX-3
11. Certificate of Compliance ....................................................................... IX-3
12. Appendix .............................................................................................. IX-3
C. FILING AND SERVING THE APPELLANT’S BRIEF .............................................. IX-4
D. REFERENCE TO PARTIES ................................................................................. IX-4
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E. RESEARCHING THE LAW FOR YOUR BRIEF (for self-represented litigants) ........ IX-5
1. Deciphering Legal Citations .................................................................... IX-5
2. Finding the Law ..................................................................................... IX-6
F. EXTENSIONS OF TIME FOR FILING BRIEFS ..................................................... IX-7
X. PREPARING AND FILING THE APPELLEE’S BRIEF......................................................... X-1
A. APPEARING AS APPELLEE ................................................................................. X-1
B. CHECKING THE RECORD FOR COMPLETENESS ............................................... X-1
C. TIME FOR FILING .............................................................................................. X-1
D. FORMAT OF THE BRIEF .................................................................................... X-1
1. Technical Matters.................................................................................... X-1
2. The Cover ............................................................................................... X-1
3. Points and Authorities ............................................................................. X-2
4. Nature of the Case .................................................................................. X-2
5. Jurisdiction ............................................................................................ X-2
6. Statement of the Issues ........................................................................... X-2
7. Statement of Facts .................................................................................. X-2
8. Standard of Review ................................................................................. X-2
9. Argument ................................................................................................ X-2
10. Conclusion ............................................................................................ X-2
11. Certificate of Compliance ....................................................................... X-2
E. FILING AND SERVICE OF APPELLEE’S BRIEF .................................................... X-2
XI. PREPARING AND FILING APPELLANT’S REPLY BRIEF ................................................. XI-1
A. TIME FOR FILING ............................................................................................. XI-1
B. FORMAT OF THE REPLY BRIEF ........................................................................ XI-1
C. FILING AND SERVICE OF THE REPLY BRIEF .................................................... XI-1
XII. ORAL ARGUMENT ..................................................................................................... XII-1
A. COURTROOM DEMEANOR............................................................................... XII-1
B. THE CONTENT OF YOUR ARGUMENT .............................................................. XII-1
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XIII. AFTER THE APPELLATE COURT ISSUES AN OPINION ............................................. XIII-1
A. PETITION FOR REHEARING ............................................................................ XIII-1
B. PETITION FOR LEAVE TO APPEAL .................................................................. XIII-1
1. Format of the Petition ........................................................................... XIII-1
a. Technical Matters ............................................................................ XIII-2
b. The Cover........................................................................................ XIII-2
c. Prayer for Leave to Appeal ................................................................ XIII-2
d. Statement of Date Upon Which Judgment Was Entered ................... XIII-2
e. Points Relied Upon for Review .......................................................... XIII-2
f. Remainder of the Petition ................................................................. XIII-2
2. Filing and Service of the Petition ........................................................... XIII-2
3. Responding to the Petition .................................................................... XIII-3
4. If the Petition is Granted ...................................................................... XIII-3
a. Notice of Election............................................................................. XIII-3
b. Standing on the Petition as the Appellant’s Brief .............................. XIII-3
c. If an Appellant’s Brief is Filed .......................................................... XIII-4
d. Reply Brief ...................................................................................... XIII-4
APPENDIX
Clerks’ Offices – Illinois Supreme and Appellate Courts ........................................................ A-1
Timelines ........................................................................................................... A-2 to 10
Exhibits
vi
I. WHAT THE APPELLATE COURT DOES arguments on motions presented to the
circuit court) that is prepared by the court
A. THE APPELLATE PROCESS reporter. These, together with the common
law record, make up the record on appeal.1
The reasons for the rules of appellate
procedure are easier to understand if you 3. The Parties’ Briefs. These are written
have some idea how the appellate court pleadings filed in the appellate court by the
operates and what it can and cannot do for parties to the appeal. They explain to the
you. The appellate court’s function is to appellate court: (a) what the case is about;
review what has already happened in the (b) what happened in the circuit court; (c)
circuit court (also called the trial court) and what the appellant believes was wrong with
decide, based on the issues raised, whether the circuit court’s decision; (d) the legal
any legal errors occurred in those reasons why that decision is wrong,
proceedings. In order to decide that, the supported by appropriate citations to
appellate court can look only at what existing law; and (e) why the party on the
happened in the circuit court. It does not other side (the appellee) believes the circuit
hear evidence by live witnesses, and it court’s decision was correct.
cannot consider anything that was not
presented in the circuit court. In addition, it Most of the rules of appellate procedure
is not the appellate court’s function to deal with getting these documents filed in
search for errors. The appealing party (the the appellate court in the proper form and in
party who lost in the trial court is called the a timely fashion, so they can be considered
appellant) must tell the court what the by that court.
claimed error is, and why what happened
was contrary to the law. When the party is Once everything is filed, the appellate
representing himself or herself, he or she is court judges have basically everything they
called a self-represented (or pro se) litigant. need to decide an appeal. The court may,
but is not required to, allow the parties to
Because the appellate court’s review is present oral arguments about the case
limited to what happened in the circuit court (typically 10 to 20 minutes is allowed to each
and the claims of error that the appellant side). If oral arguments are to be heard, the
raises and argues, almost everything parties’ attorneys are notified when to
considered by the appellate court is appear before a panel of three justices who
contained in three categories of written not only listen to what they have to say, but
documents: usually ask questions about the case.
1. The Common Law Record. This After reading the briefs, reviewing the
includes all the pleadings, motions and record, considering applicable law, and
other written documents the parties filed in listening to oral arguments (if the court has
the circuit court during the course of their decided that oral argument is necessary), the
case (for example, complaints, answers, three justices assigned to consider the
motions to dismiss or for summary appeal discuss the case among themselves,
judgment). It also includes all the written reach a decision, and file a written decision
orders entered by the circuit court judge. (an opinion or an order). All three justices
must consider the case. If all are in
2. The Report of Proceedings. Also agreement, one of them writes the decision,
referred to as the transcript of proceedings, and the other two “concur,” that is, they
this is the written record of oral proceedings show their agreement by signing their
(for example, trial testimony and oral names. If one of the justices does not agree,
1
Sometimes the appellate court will consider exhibits of a descriptive or documentary nature, such as
papers and photographs, if the circuit court considered them and if they are important to the appeal.
Oversized exhibits will not be included in the record except upon order of the appellate court entered on
the court’s own motion or pursuant to motion of any party.
I-1

he or she will file a written “dissent” offices of the appellate court clerks will
explaining the basis for the disagreement. answer any questions you might have
The decision agreed upon by two or more regarding whether the justices have ruled on
justices is the judgment of the court. a pending motion and whether a date has
been set for oral argument.
The powers of the appellate court are
listed in Supreme Court Rule 366. The rule Please bear in mind, though, that while
describes the type of relief the court may many of the clerks are lawyers, most of the
grant; for example, reversing a judgment and employees that you will deal with in their
entering judgment for the other party, or offices are not. They are all prohibited from
vacating an order and sending the case back giving legal advice. They can tell you what
to the circuit court for further proceedings. their particular technical procedure is, but
It also limits, to some extent, the issues that they cannot fill out forms for you, prepare
can be reviewed. For example, it provides notices of appeal for you, draft motions for
that where there has been a jury trial, the you, or advise you in any way regarding your
party appealing cannot raise on appeal any appeal.
claim of error that was not raised in a post-
judgment motion before the circuit court. C. ELECTRONIC FILING
Filing the notice of appeal and your The Illinois Supreme Court recently has
briefs on time and in a form the justices will required all documents in civil cases to be
consider is the most important part of your electronically filed (e-filed). The Supreme
appeal. The Supreme Court Rules tell you Court and all five judicial districts of the
when and how to do that, beginning with the appellate court now have active e-filing
filing of your notice of appeal through the systems. The circuit courts have been
filing of your briefs. Those Rules are ordered to have active e-filing systems by
discussed in this guide. January 1, 2018, although some circuit
courts have received extensions. As of the
B. THE ROLE OF THE CIRCUIT AND latest revision to this guide, nearly all of the
APPELLATE COURT CLERKS circuit courts (with some exceptions) have
made the switch from paper filing to e-filing.
This is an appropriate place to explain You can find a list of the courts that
the different roles played by the offices of the currently have e-filing systems here: http://
circuit and appellate court clerks in the efile.illinoiscourts.gov/active-courts.htm.
appeal. The office of the circuit court clerk
accepts and files your notice of appeal and If you are in a court that has an active e-
assembles the record to be transmitted to filing system (i.e., the Supreme Court, the
the appellate court. The office of the appellate court, and many circuit courts),
appellate court clerk accepts and files the you must electronically file all documents in
record and the briefs. The appellate court civil cases unless there is an exemption from
clerk keeps track of the many cases pending e-filing requirements. Supreme Court Rule
on appeal, records rulings on motions issued 9(a). There are four categories of exempted
in those cases, and notifies parties of the documents:
date for oral argument and when a decision
has been issued. (1) Documents filed by a self-represented
litigant incarcerated in a local jail or
You will find the employees of the clerks’ correctional facility at the time of the filing;
offices most helpful in providing information
within the areas of their duties. For (2) Wills;
example, you can ask an employee of the
office of the clerk of the circuit court when (3) Documents filed under the Juvenile
the fee for preparing the record must be paid Court Act; and
and how you will receive notice when the
record is ready. Similarly, employees of the
I-2

(4) Documents in a specific case upon address, you can register for one through
good cause shown by certification. Supreme websites like Gmail or Yahoo. Once you
Court Rule 9(c). have an e-mail address, you must register
with an Electronic Filing Service Provider
Good cause exists where a self- (EFSP). A list of EFSPs, with links to their
represented party is not able to e-file websites, can be found at http://efile.
documents for the following reasons: no illinoiscourts.gov/service-providers.htm.
computer or Internet access in the home and You must e-file court documents through
travel represents a hardship; a disability, as the EFSP; you do not file documents directly
defined by the Americans with Disabilities with the courts. Each EFSP’s website
Act of 1990, that prevents e-filing; or a contains guides and training materials that
language barrier or low literacy (difficulty describe the procedures for e-filing
reading, writing, or speaking in English). documents. You should make sure to
Good cause also exists if the pleading is of a register with an EFSP and review their
sensitive nature, such as a petition for an training materials before your filing
order of protection or a civil no deadlines to ensure that you are familiar
contact/stalking order. It is possible that with e-filing and do not miss a court
good cause exists for other reasons as well. deadline.
If you believe that you have good cause Some circuit courts currently have their
to be exempt from e-filing requirements, you own e-filing systems. You should review
must file a Certification for Exemption From their websites and speak with their clerks’
E-filing with the court—either in person or offices to determine the procedures for e-
by mail—and you must include a filing documents in those courts.
certification under section 1-109 of the Code
of Civil Procedure (735 ILCS 5/1-109). The The Supreme Court’s Electronic Filing
court will consider your filing, and it has the Procedures and User Manual can be found
power to decide that good cause was not here: http://www.illinoiscourts.gov/
shown and that you must e-file future EBusiness/Sup_Ct_Efiling/SCt_efiling_
documents. user_manual.pdf.
Thus, except in juvenile cases, attorneys The First District Appellate Court’s local
generally must e-file court documents. Self- rules can be found here:
represented litigants also generally must e- http://www.illinoiscourts.gov/
file documents unless they are incarcerated AppellateCourt/LocalRules/1st.pdf.
or they can show good cause to be exempt.
The Second District Appellate Court’s
The clerk’s offices in the appellate court’s local rules can be found here:
districts have public kiosk computer http://www.illinoiscourts.gov/
terminals for e-filing. AppellateCourt/LocalRules/2nd.pdf.
The Administrative Office of the Illinois The Third District Appellate Court’s local
Courts has created an important website on rules can be found here:
e-filing: http://efile.illinoiscourts.gov/ http://www.illinoiscourts.gov/
index.htm. That site has answers to AppellateCourt/LocalRules/3rd.pdf.
frequently asked questions and contains
documents regarding e-filing standards and The Fourth District Appellate Court’s
procedures. You should consult that Electronic Filing Procedures and User
website, especially if it is your first time e- Manual can be found here:
filing a document in Illinois courts. http://illinoiscourts.gov/EBusiness/App_C
t_Efiling/4thDist_Efiling_Procedures_Manu
In order to e-file documents in the al.pdf. The court’s local rules can be found
reviewing courts, you must have an e-mail here: http://www.illinoiscourts.gov/
address. If you do not have an e-mail AppellateCourt/LocalRules/4th.pdf.
I-3

The Fifth District Appellate Court’s local
rules can be found here: http://
www.illinoiscourts.gov/AppellateCourt/
LocalRules/5th.pdf.
D. APPROVED FORMS FOR SELF-

REPRESENTED PARTIES
The Administrative Office of the Illinois

Courts has created standardized forms for
many common filings in litigation. The
forms are designed to help self-represented
parties better understand and participate in
court cases. The forms come with helpful
instructions that answer common questions.
They also have a fill-in-the-blank format that
makes them easy to use. The forms have
been approved by the Illinois Supreme Court
and must be accepted by Illinois courts.
The forms can be found by visiting the

following webpage: http://www.
illinoiscourts.gov/Forms/approved/. That
webpage has links for forms that you can
use in the circuit court, the appellate court,
and the Supreme Court. Within each court,
the Administrative Office has prepared forms
for many different types of filings.
The Administrative Office frequently

updates these forms and continues to create
new forms. You should visit the
Administrative Office’s webpage for the latest
version of each form.
These forms provide a valuable resource

for all people, but especially for self-
represented parties. You might even find
them easier to use and understand than the
examples in this Guide. The Guide,
however, provides examples of filings that in
the format that attorneys typically use. The
Guide also provides a detailed discussion
that walks you through most steps of
common appeals. You should feel free to use
both this Guide and the forms prepared by
the Administrative Office to have the best
understanding of litigation and to prepare
your court filings.
I-4

II. WHEN TO APPEAL the date the written order is entered by the
court.
The “when” of an appeal is governed by
Supreme Court Rules 301 through 308. The In counting the 30 days, you do not
most basic rule, and the one most likely to count the date the judgment is entered. For
affect self-represented litigants, is that one example, if the circuit court grants summary
can appeal (a) from final judgments that end judgment on May 9 (the date on the written
the case (Supreme Court Rule 301); or (b) in order), May 10 is day 1; June 8 is day 30.
cases involving multiple parties or multiple Saturdays, Sundays, and holidays must be
claims, when the circuit court judge enters counted. You must file your notice of appeal
an order that ends the litigation as to one or on or before June 8. You can file your notice
more (but fewer than all) parties or claims of appeal before June 8, but not later, unless
and expressly finds that the ruling can be the 30th day falls on a Saturday, Sunday or
either appealed or enforced (or both) court holiday (e.g., Thanksgiving Day,
immediately (Supreme Court Rule 304(a)). Christmas Day, July 4th). In that case, the
Other types of judgments or orders from deadline for your notice of appeal is the very
which appeals can be taken as of right are next day the court is open for business. For
set forth in Supreme Court Rules 304(b) and example, if June 8 falls on a Sunday, then
307. Certain orders can be taken by your notice of appeal would be considered
permission pursuant to Supreme Court timely if it is filed on Monday, June 9.
Rules 306 and 308. Each of these types of
appeal is discussed in greater detail below. The circuit court cannot extend the time
to appeal in any circumstance. However, the
It is very important to know when to file filing of a post-judgment motion within 30
your notice of appeal because the failure to days of judgment (for example, a motion to
file within the time allowed almost always reconsider or a motion for a new trial) will
leads to dismissal of your appeal. This is not toll (that is, delay) the time to appeal. When
a matter for the appellate court’s discretion. a timely post-judgment motion is filed, the
If your appeal is not filed on time, the time for appeal does not begin to run until
appellate court cannot consider it because it the circuit court rules on that motion.
has no jurisdiction to do so. Supreme Court Rule 303(a)(2). When the
circuit court’s judgment is the result of a
A. APPEALS FROM FINAL ORDERS jury verdict, you must file a post-
judgment motion in the circuit court to
Supreme Court Rule 301 provides a right preserve any error for review by the
to appeal from all final judgments of the appellate court. With other types of
circuit court in civil cases. A “final judgments, a post-judgment motion is not
judgment” is one that completely disposes of usually necessary. After the circuit court
the entire case: for example an order rules on the post-judgment motion, your
dismissing the whole complaint “with notice of appeal must be filed within 30 days
prejudice,” or an order granting summary after the ruling, and the time is calculated
judgment as to all defendants, or an order the same as described above. Be careful,
entering judgment on a jury verdict (or on though. You cannot put off the time for
the trial judge’s findings in cases tried appeal by filing one motion after another in
without a jury). A judgment is final when the circuit court once a final order has been
there is nothing more for the circuit court to entered. When the circuit court has entered
do on the case. Your notice of appeal must its judgment, you are permitted one, and
be filed within 30 days from the date that only one, post-judgment motion asking the
final judgment is entered. Supreme Court court to reconsider its ruling or overturn the
Rule 303(a)(1). If the judge rules orally, but jury’s verdict. Once that is ruled on, you
requires that a written order reflecting his or must file your notice of appeal within 30
her ruling be prepared and filed, then the days or the case is over.
30-day period for filing the appeal runs from
II - 1

Some self-represented litigants wonder There are, however, times when the
why they have to wait until the end and circuit court will decide that there is no good
cannot appeal every adverse ruling of the reason to delay appealing from an order,
circuit court at the time it is made. There even though it does not completely dispose
are two reasons for that rule. of all the litigation. Those appeals are
considered in Part B.
1. The appeal might turn out to be
unnecessary because of later B. JUDGMENTS AS TO FEWER THAN
developments in the case. For example, ALL PARTIES OR ALL CLAIMS
suppose John Doe is injured using a
product that he bought at X Hardware Sometimes where there are multiple
Store. He sues the store and the parties and/or multiple claims for relief, the
manufacturer of the product, Acme circuit court may decide when an order
Manufacturing Company, making claims disposing of one party or one claim puts an
of both negligence and strict product end to that portion of the case so that there
liability. The circuit court grants is no good reason to delay the time to appeal
summary judgment for X Hardware on the ruling. Those appeals are governed by
his strict product liability claims. Doe Supreme Court Rule 304(a). To use the
wants to appeal, but he cannot because hardware store example again, suppose the
the judgment is not “final.” He still has circuit court grants summary judgment for
to go through a trial on his two claims X Hardware on both the negligence claim
against Acme and the one remaining and the strict product liability claim. The
claim against X Hardware. Suppose case is still pending against Acme, so the
further that the case is tried, and the order granting summary judgment for X
jury returns a verdict in Doe’s favor Hardware is not final. Ordinarily, Doe could
against both Acme and X Hardware and not appeal even though the litigation is over
awards him all the damages he asked with regard to X Hardware. The same would
for. It would not make any sense for Doe be true of an order that granted summary
to appeal the summary judgment in judgment for both X Hardware and Acme on
favor of X Hardware on that one claim, Doe’s strict product liability claim. His
because he has gotten everything he negligence claims would still be pending, so
wanted. So reason number one is that, the order is not final even though there is
in the long run, the order that seems so nothing more to be done with Doe’s strict
important now may not make any product liability claim.
difference once the case is over.
In order to make such an order
2. You should also keep in mind immediately appealable, the circuit court
that many orders are entered during the would enter a written finding that there is
course of an action in the circuit court— “no just reason for delaying either
orders about discovery, orders striking enforcement or appeal” of its ruling.
or dismissing various counts of a Supreme Court Rule 304(a).
complaint, orders in favor of some but
not all defendants. Permitting litigants That finding could be made in the same
to appeal from every single order entered order that grants summary judgment or
in the litigation as soon as it is entered dismisses a count of the complaint “with
would prolong a case and create an prejudice” or it could be entered later in a
impossible backlog in the courts. separate order. If you have an order entered
Reason number two, then, is that against you that contains the finding that
usually it just is not efficient to permit there is no just reason to delay enforcement
several appeals in a case when any and or appeal, the time for filing a notice of
all claimed errors can be considered at appeal begins to run immediately. As with
one time in a single appeal. 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
II - 2

reconsider that ruling, although you are not 2. “A judgment or order entered in
required to do so. If you do not file a motion the administration of a receivership,
to reconsider, then you must file your notice rehabilitation, liquidation, or other
of appeal within 30 days. If you do not file a similar proceeding which finally
notice of appeal within 30 days from the date determines a right or status of a party
when such an order is entered, you lose your and which is not appealable under Rule
right to appeal that ruling at any later time. If 307(a).” A self-represented litigant
you do file a motion to reconsider and it is would rarely be involved in this kind of
denied, then you must file your notice of proceeding.
appeal within 30 days after the date on
which the order denying your motion to 3. “A judgment or order granting or
reconsider was entered. denying any of the relief prayed in a
petition under section 2-1401 of the
Just as with the “final” orders discussed Code of Civil Procedure.” A section 2-
in Part A, for purposes of calculating the 30 1401 petition asks for relief from a final
days for filing your notice of appeal, you judgment that was entered more than 30
would not count the day the order is entered. days before the filing of the petition.
If the order is dated May 9, then May 10 is Examples include cases where a default
day 1 and June 8 is day 30. The same rule judgment was entered more than 30
also applies when the 30th day falls on a days earlier or where there is newly
Saturday, Sunday, or court holiday—your discovered evidence that could not have
notice of appeal must be filed on the very been found before the final judgment
next day the court is open for business, if was entered or within 30 days thereafter.
you did not file it earlier.
4. “A final judgment or order
C. MATTERS OTHERWISE entered in a proceeding under section 2-
APPEALABLE AS OF RIGHT 1402 of the Code of Civil Procedure.” An
example of such an order would be one
There are some orders that are not “final” requiring a party to turn over money or
because they do not dispose of the entire other assets to satisfy a prior judgment.
litigation. Nevertheless, they are orders the
Supreme Court has decided involve special 5. “An order finding a person or
circumstances and must be immediately entity in contempt of court which
appealed in order to prevent undue hardship imposes a monetary or other penalty.”
to the litigants. These types of special
appeals are governed by Supreme Court 6. “A custody or allocation of
Rule 304(b) and Supreme Court Rule 307. parental responsibilities judgment or
modification of such judgment entered
Supreme Court Rule 304(b) pursuant to the Illinois Marriage and
Dissolution of Marriage Act (750 ILCS
Supreme Court Rule 304(b) allows for 5/101 et seq.) or the Illinois Parentage
immediate appeal of the following judgments Act of 2015 (750 ILCS 46/101 et seq.).”
or orders:
Just like the appeals from final
1. “A judgment or order entered in judgments under Supreme Court Rule 301,
the administration of an estate, your notice of appeal from one of these
guardianship, or similar proceeding orders would be due within 30 days after the
which finally determines a right or status order is entered or, if a timely post-judgment
of a party.” This would include an order motion is filed, within 30 days of the order
finding someone to be incompetent and disposing of the motion.
appointing a guardian, or an order
approving a final accounting in an In child custody appeals brought under
estate, or adjudicating who are the heirs. Supreme Court Rule 304(b)(6), there are
II - 3

special rules expediting the appeal process. Interlocutory Appeal" and, other than its
They are discussed at Section VII, Part D. caption, should conform to the notice of
appeal filed in other cases. See Section III,
Supreme Court Rule 307 Part A. It must be filed with the circuit court
within 30 days from the entry of the
Supreme Court Rule 307(a) allows for interlocutory order. A motion for
immediate appeal of certain other orders reconsideration does not toll the running of
before final judgment, including, but not the 30-day deadline. If the order being
limited to: appealed was entered ex parte (only one
party being present), a motion to vacate
1. An order granting, modifying, must be filed in the circuit court before
refusing, dissolving, or refusing appealing. Supreme Court Rule 307(a).
to dissolve or modify an
injunction; Like child custody appeals brought under
Supreme Court Rule 304(b)(6), appeals
2. An order appointing or refusing brought under Supreme Court Rule 307(a)(6)
to appoint a receiver or are subject to special rules expediting the
sequestrator; appeal process. They are discussed at
Section VII, Part D.
3. An order giving or refusing to give
other or further powers or Supreme Court Rule 307(d) also allows
property to a receiver or for immediate appeal of temporary
sequestrator already appointed; restraining orders. The notice of appeal
must be captioned "Notice of Interlocutory
4. An order placing or refusing to Appeal" and is filed in the circuit court
place a mortgagee in possession within two days of entry or denial of the
of mortgaged premises; order from which review is sought. During
this same two-day period, a petition (a
5. An order appointing or refusing supporting memorandum is optional) with
to appoint a receiver, liquidator, proof of service and supporting record must
rehabilitator or other similar be filed in the appellate court.
officer;
Documents generally must be served on
6. An order terminating parental other parties electronically unless there is a
rights or granting, denying or rule or court order specifying otherwise.
revoking temporary commitment Supreme Court Rule 11(c). However, self-
in adoption proceedings represented parties can choose not to receive
commenced pursuant to section and serve documents by e-mail. If electronic
5 of the Adoption Act (750 ILCS service is not necessary, service can be made
50/5); by personal service, delivery to an attorney’s
office or self-represented party’s residence,
7. An order determining issues in by U.S. mail, or by a third-party commercial
eminent domain proceedings carrier. Supreme Court Rules 11 and
under section 20-5-10 of the 307(d). The format for such a petition is
Eminent Domain Act (735 ILCS similar to a petition filed pursuant to
30/20-5-10). Supreme Court Rule 306 explained in
Section IV, Part A.1 It should set forth the
The notice of appeal from one of these relief requested and the grounds for that
orders must be captioned "Notice of
1
Unlike petitions discussed in Section IV, a Rule 307(d) petition would be captioned “Petition in Support of
Supreme Court Rule 307(d) Appeal” and would ask the court to reverse the order entered by the circuit
court. Supreme Court Rule 307(d).
II - 4

relief. Supporting Records are discussed in 6. An order that remands the
Section VI, Part F. proceeding for a hearing de novo before an
administrative agency;
D. MATTERS OTHERWISE
APPEALABLE BY PERMISSION 7. An order granting a motion to
disqualify the attorney for a party;
There are other orders that are not “final”
but may be appealed by permission of the 8. An order denying or granting
appellate court. You generally are not certification of a class action under section
obligated to immediately appeal from these 2-802 of the Code of Civil Procedure (735
orders after they are entered and can wait ILCS 5/2-802); or
until the entire case is over.
9. An order denying a motion to dispose
Supreme Court Rule 306 under the Citizen Participation Act (735
ILCS 110/1 et seq.).
Under Supreme Court Rule 306, a party
may petition for leave to appeal to the Appeals brought pursuant to Supreme
appellate court from the following orders of Court Rule 306 require the filing of a
the circuit court: petition, rather than a notice of appeal,
within 30 days of entry of the order.
1. An order granting a new trial;2 Supreme Court Rule 306(c)(1). The filing of
a motion to reconsider an interlocutory order
2. An order allowing or denying a does not stay the time period for filing a
motion to dismiss on grounds of forum non petition for leave to appeal. These appeals
conveniens, or from an order of the circuit and filing requirements are further
court allowing or denying a motion to discussed in Section IV, Part A. A petition for
transfer a case to another county within the leave to appeal from orders affecting the care
State on such grounds; and custody of or the allocation of parental
responsibilities for unemancipated minors
3. An order denying a motion to dismiss must be brought within 14 days of entry of
on the grounds that the defendant has done the order. Supreme Court Rule 306(b)(1); see
nothing that could subject defendant to the Section VII, Part A.
jurisdiction of the Illinois courts;
Supreme Court Rule 308
4. An order granting or denying a
motion for a transfer of venue; Supreme Court Rule 308 provides for
another type of permissive appeal from an
5. Interlocutory orders affecting the interlocutory order - the certified question.
care and custody of or the allocation of A party wishing to take an appeal under this
parental responsibilities for unemancipated rule must obtain permission from the circuit
minors, if the appeal of such orders is not court and the appellate court. The circuit
specifically provided for elsewhere in the court must first issue an order setting forth
Supreme Court Rules;3 the question and making the following
requisite findings: that a question of law
exists as to which there is substantial
ground for difference of opinion and that an
2
In some Illinois jurisdictions, binding authority holds that Rule 306 provides the exclusive means to appeal
a new trial order, meaning if you want to challenge such an order, you must appeal pursuant to Rule 306
and not wait until after trial. You should research the law for your jurisdiction to determine whether you
must challenge a new trial order pursuant to Rule 306 or whether you have the option to wait until after
trial.
3 Some examples of interlocutory orders affecting the care and custody of unemancipated minors include
permanency planning orders, visitation orders and temporary custody orders.
II - 5

immediate appeal may materially advance
the ultimate termination of the litigation.
The requisite findings can be made at the
time of entry of the order or at any time on
the court's own motion or on motion of any
party. Supreme Court Rule 308(a).
If the circuit court issues an order

making the requisite findings, the party
must then apply to the appellate court for
leave to appeal, asking the court to make the
same requisite findings. Supreme Court
Rule 308 appeals and their filing
requirements are further discussed in
Section IV, Part B.
II - 6

III. STARTING THE APPEAL PROCESS – finding of “no just reason for delaying
APPEALS AS OF RIGHT enforcement or appeal,” so John Doe could
not appeal that ruling immediately. On May
You now know what orders you can 9, 2010, the circuit court grants summary
appeal. This section will consider the proper judgment in favor of both Acme and X
form for a notice of appeal or other document Hardware on all remaining counts of the
initiating your appeal for appeals brought complaint, and the case is then finished in
pursuant to Supreme Court Rules 301, 304, the circuit court. John Doe wants to appeal
and 307 and where to file it. from both rulings and wants the appellate
court to (a) reverse the order dismissing his
A. THE NOTICE OF APPEAL strict liability claim against X Hardware, (b)
reverse the order granting summary
If you are appealing from a final judgment, and (c) send the case back to the
judgment or order pursuant to Supreme circuit court for a trial on the merits of all of
Court Rule 301 or 304, you must give the his claims. The suit was filed in Lake
following information in your notice of County, so his appeal goes to the Appellate
appeal: (a) the court you are appealing to Court for the Second District. (A list of the
(e.g., Appellate Court of Illinois for the appellate districts and the counties they
Second Judicial District); (b) the court you serve appears on the Illinois Supreme Court
are appealing from (e.g., the Circuit Court of website at http://www.illinoiscourts.gov/
the 19th Judicial Circuit, Lake County); (c) circuitcourt/circuitmap/map1.asp.) His
the name and circuit court number assigned notice of appeal would look like Exhibit 2
to your case; (d) the name of the circuit court found in the Appendix.
judge that entered the appealable order; (e)
the designation of the parties, that is, who is Remember to identify every order you
filing the appeal (the appellant) and who will want to appeal from, and you must tell the
be responding to the appeal (the appellee); (f) appellate court exactly what you want it to
what orders of the circuit court you are do about each of those orders. You should
appealing from and the date they were also be careful to list in the caption of the
entered; (g) what you want the appellate notice of appeal all the parties against whom
court to do; and (h) your address and a you seek relief. (Note to worker’s
telephone number where you can be reached compensation appellants: The caption of
during the day. Attorneys also must include your notice of appeal should be modified to
e-mail addresses at which they can be “Appeal to the Appellate Court of Illinois,
served, and self-represented parties may list Second District – Workers’ Compensation
their e-mail addresses at which they can be Commission Division”).
served.
It is important to note that the caption of
A notice of appeal for an appeal brought the case does not change even where the
under Supreme Court Rule 307 would defendant is the appellant or where the first-
contain the same information but would be named plaintiff or defendant is not a party to
captioned “Notice of Interlocutory Appeal.” the appeal. For example, using the
See Section II, Part C. hardware store example, if John Doe won his
case and the defendants appeal, the caption
Again, using the hardware store of the case would still be Doe v. X Hardware
example, suppose John Doe was hurt using Store and Acme Manufacturing Company.
a product that was manufactured by Acme Doe would be identified as “Plaintiff-
Manufacturing Company and sold by X Appellee” and the defendants would be
Hardware Store. He filed suit against both identified as “Defendants-Appellants.”
on April 17, 2008, claiming both negligence
and strict product liability. The circuit court B. FILING AND SERVICE
entered an order dismissing his strict
liability claim against X Hardware on The notice of appeal (or notice of
September 10, 2009, but did not add the interlocutory appeal) is filed with the clerk of
III - 1

the circuit court where your case was heard. the court clerk until after the due date.
Supreme Court Rule 303(a)(1). Your notice of Supreme Court Rule 373. It is important to
appeal is generally due 30 days from the date have a sworn notice of filing reflecting a
the final order is entered. There are timely mailing or delivery to a third-party
exceptions. See Timelines at A-2 through A- carrier for delivery to the circuit court clerk.
9. Otherwise, the notice of appeal is considered
filed on the date it is received. A sample
If your circuit court has an active e-filing notice of filing in John Doe’s case would look
system and your case is not exempt from the like one of the examples in Exhibit 1A in the
e-filing requirements, then you must e-file Appendix.
your notice of appeal with the circuit court.
Your case is exempt if it involves litigation If your court filings are done by mail or
under the Juvenile Court Act of 1987, you by a third-party commercial carrier and you
are incarcerated and self-represented, or if want a file-stamped copy for your records, be
you have filed a certification showing good sure to include (a) an extra copy (in addition
cause to be exempt from e-filing. See to the original and one copy that the clerk
Supreme Court Rule 9(c), discussed in must have to process your appeal); (b) a self-
Section I. Your notice of appeal will be timely addressed, stamped return envelope; and (c)
if you submit it for e-filing before midnight a note to the clerk asking him or her to
on the date that it is due and it is accepted return a file-stamped copy to you in the
for filing by the circuit court. enclosed envelope.
If your circuit court does not yet have an Supreme Court Rule 303(c) requires the
active e-filing system, or if your case is appellant to file in the appellate court a copy
exempt from the e-filing requirements, then of the notice of appeal (or notice of
you must file your notice of appeal on paper. interlocutory appeal) that was filed in the
You need at least an original and four copies. circuit court and to serve the notice of filing
Take the original and one copy to the clerk and notice of appeal on the other parties
for filing. You should also take at least one generally within seven days of filing the
extra copy so that you can have a copy notice of appeal in the circuit court.
stamped with the filing date to keep for your However, before you can file these
own records. (You should do that with documents, the appellate court might make
everything you file by paper; pleadings do you wait until the circuit court clerk has e-
not often get lost, but when they do, it is filed your notice of appeal in the appellate
much easier to reconstruct the court file if court. The circuit court’s e-filing of your
you have kept copies with an original stamp notice of appeal in the appellate court allows
from the court.) the appellate court to open a new case for
your appeal, and you then can file these
If paper filing is allowed, you can also file documents in your new case. So long as the
the notice of appeal by mailing the original circuit court files your notice of appeal in the
and one copy to the clerk of the circuit court appellate court within a few days (which is
or delivering the original and one copy to a typical), there should be no harm in waiting
third-party commercial carrier, such as for the circuit court to file your appeal before
FedEx or UPS, for delivery to the clerk, if you file these documents. You can call the
delivery to the court is to occur within three appellate court clerk’s office if you have any
business days. A Rule 307(d) notice of questions about this process.
interlocutory appeal must be designated
overnight delivery. See Section II, Part C. In a Rule 307(d) appeal, the party should
file a copy of the notice of interlocutory
If paper filing is allowed, a notice of appeal in the appellate court with the
appeal is considered timely filed if it is petition. See Section II, Part C. A party filing
actually mailed or delivered to the third- a notice of appeal in a child custody case
party commercial carrier on the due date, must also serve copies of the notice of appeal
even if it is not received and file-stamped by on the trial judge who entered the judgment
III - 2

or order appealed from and the office of the C. WHAT IF YOU MISS THE 30-DAY
chief judge of the circuit in which the DEADLINE? – FILING A MOTION
judgment or order on appeal was entered.
Supreme Court Rule 311(a)(2). See Section There is rarely a good excuse for it, but it
VII, Part D. does sometimes happen that, through no
fault of his or her own, a litigant does not get
Service is proved by signing and an appeal filed within the required 30-day
attaching a “certificate of service” to the period. If that happens, you have a 30-day
notice of filing. The “certificate of service” is grace period in which to e-file a motion in the
a sworn statement showing when and how appellate court explaining the reason why
the appropriate parties have been served. you missed the original deadline and asking
permission to file a late notice of appeal.
Documents generally must be served on Supreme Court Rule 303(d). If the appellate
other parties electronically unless there is a court agrees, it may grant you leave to file
rule or court order specifying otherwise. your appeal. In order to get that relief, you
Supreme Court Rule 11(c). However, self- have to e-file all of the following with the
represented parties can choose not to receive appellate court within 30 days after the date
and serve documents by e-mail. If electronic on which your notice of appeal should have
service is not necessary, service can be made been filed:
by personal service, delivery to an attorney’s
office or self-represented party’s residence, 1. A motion asking for leave to file a
by U.S. mail, or by a third-party commercial late notice of appeal. Your motion
carrier. should fully explain why you were
unable to appeal within the 30 days
In the case of electronic service, some e- allowed. All stated facts must be
filing systems can automatically serve the supported with an affidavit (a statement
parties when a document is e-filed. If your sworn before a notary public or verified
e-filing system allows for automatic service, by certification under 735 ILCS 5/1-
you should use it to electronically serve 109). Supreme Court Rules 16 and
parties. If that service is not available, 361(a). If any written documents are
parties must serve each other by e-mail at important to your explanation, attach
the e-mail address listed on their those too. Any motion you file in the
appearance forms and court filings. To serve appellate court must be accompanied by
a document by e-mail, you should attach the a notice of filing and proof of service. A
document you are serving to your e-mail, or sample motion for leave to file a late
you should provide a link within the body of notice of appeal, affidavit, and notice of
your e-mail that will allow the recipient to filing and certificate of service are
download the document through a reliable provided in the Appendix to this guide at
service provider. A document is considered Exhibits 1A, 1B, 3, and 4. Exhibit 3
served on the date that it is electronically shows how you can consent to being
sent. served by your opponent by e-mail.
Supreme Court Rule 131(d).
If service is by mail, it is complete four
days after mailing. If service is by delivery to 2. The $50 filing fee required of all
a third-party commercial carrier, it is appellants. Supreme Court Rule 313.
complete on the third business day after The filing fee is electronically paid
delivery to the carrier. through your e-file vendor. You must
pay using a Discover, MasterCard or Visa
The notice of filing and certificate of credit card or prepaid debit card; the
service in John Doe’s case would look like appellate court does not accept eChecks.
the examples in Exhibits 1A and 1B in the However, you may petition for a waiver of
Appendix. appellate court fees by using the form
adopted by the Illinois Supreme Court.
III - 3

Supreme Court Rule 313. See Exhibit party should file a motion in the appellate
19. court to have the bond set. Furthermore,
notice of the presentment of the bond must
3. A draft order, indicating that the be given to the appellee by the appellant.
motion is “granted/denied.” Supreme
Court Rule 361(b)(2). A sample order 2. Stay of Other Judgments. If the
appears as Exhibit 6 in the Appendix. judgment from which you are appealing does
not include monetary damages, the trial
If the appellate court finds your excuse court may stay the enforcement of the
for not filing on time to be sufficient, it will judgment only upon notice and motion.
enter the order requested, and the appeal Although not otherwise required, the court
can proceed in the manner described in the may require you to file an appeal bond.
remaining sections of this guide. The court Supreme Court Rule 305(b). The amount of
does not hear oral arguments on motions. this bond will be set by the court.
Supreme Court Rule 361(b)(3). A copy of the
signed order could be sent via e-mail or via 3. Extension of Time to File Bond. The
mail if you have not provided your e-mail trial court, appellate court, or one of the
address. appellate court justices has the discretion to
extend the time for filing an appeal bond if a
While it is difficult to predict what party moves for an extension within the time
reasons the court will or will not accept, the for filing the notice of appeal. However,
following are some examples of what might extensions granted by a trial court may not
be considered a good excuse: illness, an exceed 45 days unless the parties stipulate
honest mistake in calculating when the otherwise. Supreme Court Rule 305(c). If
appeal was to be filed, technical failures with such a motion is filed in the appellate court,
the e-filing system, submission of a it must be supported by an affidavit or
reasonable, but rejected, notice of appeal for certification and accompanied by a
e-filing, delay in the mail, severe weather supporting record (see Supreme Court Rule
conditions preventing the litigant from 328, discussed in Section VI, Part F) if the
getting to court or mailing the notice of record on appeal has not been filed yet.
appeal, or failure to receive a copy of the final
order being appealed until the normal 30- 4. Stays by the Appellate Court.
day period for appeal has expired. This list Although an application for a stay typically
is not exclusive, and if you believe that your is made to the trial court, a motion for a stay
excuse is reasonable, submit your motion to may be made to the appellate court or to one
the court. of its justices. A party filing such a motion
in the appellate court must explain why
D. STAY OF JUDGMENT PENDING application to the trial court is not practical
APPEAL or that the application was filed in the trial
court and the trial court denied it. The
1. Stay of Money Judgments. A “stay” motion must be accompanied by suggestions
is an order that prevents a party from supporting the motion and a supporting
enforcing a judgment order during an record (see Supreme Court Rule 328,
appeal. The enforcement of a money discussed in Section VI, Part F), if the record
judgment is stayed by a trial court only if a on appeal has not been filed. If the appellate
timely notice of appeal and an appeal bond court grants the stay, the appellate court
are filed by the appellant within the time for clerk will notify the parties and transmit to
filing the notice of appeal or within any the clerk of the circuit court a certified copy
extension of time granted. Supreme Court of the order granting the stay. Supreme
Rule 305(a). The amount of the bond must Court Rule 305(d).
be sufficient to cover the judgment, interest,
and costs. Application for, and approval of, 5. Automatic Stay Pending Appeal of
appeal bonds should initially be made in the Termination of Parental Rights. An order
circuit court. If the circuit court refuses, the terminating parental rights initiated under
III - 4

the Juvenile Court Act is automatically
stayed for 60 days. No final judgment order
of adoption can be entered for 60 days after
the termination order is entered even if no
parent contests the termination. Only that
portion of the termination order granting an
agency or person the right to consent to the
child’s adoption is stayed. The rest of the
termination order is in effect. If no notice of
appeal is filed, the automatic stay expires. If
a parent or other party files a notice of
appeal, the stay continues until the appeal
is completed. No bond is required. A party
may file a motion in the appellate court to lift
the automatic stay. Supreme Court Rule
305(e).
6. Automatic Stay – Permissive Appeals.

When leave to appeal is granted with respect
to an appeal taken pursuant to Supreme
Court Rule 306 (other than child custody
appeals), the proceedings in the circuit court
are stayed. The appellate court may, upon
good cause shown, vacate or modify the stay
or may require the petitioner to file an
appropriate bond. Supreme Court Rule
306(c)(5).
III - 5

IV. APPEALS BY PERMISSION Exhibit 7. The sample is double-spaced,
with a 2 inch margin on the first page, and a
A. SUPREME COURT RULE 306 1 inch margin on all sides of the remaining
APPEALS pages. See eFileIL Electronic Document
Standards, available at http://efile.
As discussed in Section II, Part D, there illinoiscourts.gov/documents/eFileIL_
are certain types of appeals that can be Digital-Media-Standards.pdf. This petition
taken by permission of the appellate court. seeks leave to appeal pursuant to Supreme
If the order from which you seek to appeal Court Rule 306(a)(2) and is based on the
falls within one of the categories listed in following set of facts: Suppose John Doe, a
Supreme Court Rule 306, you must seek resident of Cook County, entered into a real
permission or leave of court to appeal by estate contract to purchase farmland located
filing a petition rather than a notice of in Lake County. The owner of the farmland,
appeal. The petition and supporting record Sam Smith, is a resident of Los Angeles,
(discussed at Section VI, Part F) must be California. The contract was negotiated in
filed in the appellate court within 30 days Cook County in the presence of Michael
after entry of the order along with the Morris, the real estate broker, also a Cook
requisite notice of filing and certificate of County resident. The contract required Doe
service (discussed at Section III, Part B). As to provide a $5,000 cashier’s check to Morris
with all court filings in the appellate court, by April 15, 2010 to be held in escrow and
you generally must e-file the petition unless for Doe to sign a promissory note for the
you are self-represented and incarcerated, balance and to provide a guaranty signed by
the case involves the Juvenile Court Act, or his father-in-law, Rick Jones, a business
you have shown good cause to be exempt acquaintance of Smith. Doe provided the
from e-filing requirements. See Supreme cashier's check but Rick Jones had suffered
Court Rule 9, discussed in Section I. The a stroke on May 1, 2010 and would not be
filing of a motion to reconsider an able to sign the guaranty before the closing
interlocutory (non-final) order does not stay date of May 21, 2010. Doe told Morris that
the time period for filing the petition for leave his own father would sign the guaranty and
to appeal. Morris relayed that information to Smith.
Smith told Morris that he would not agree to
The petition should contain a statement the substitution and that the deal was over.
of facts necessary to an understanding of the He also told Morris that he had received a
issue before the court and the grounds for better offer from someone else. After Doe
appeal. The statement of facts must be threatened to sue him, Smith filed a
supported by reference to a separate declaratory action in Lake County seeking a
supporting record prepared in accordance declaration that he was not obligated to sell
with Supreme Court Rule 328 (discussed at the farmland to Doe. Doe moved to transfer
Section VI, Part F). The petition must the lawsuit to Cook County on the basis that
include an appendix consisting of a copy of it was the more convenient location, but the
the order appealed from and any opinion, circuit court denied the motion, giving
memorandum, or findings of fact entered by preference to Smith’s chosen forum.
the trial judge, and a table of contents to the
record. Supreme Court Rule 306(c)(1), (3). The opposing party has 21 days after the
filing of the petition to file an answer. Reply
There are shortened time limits and briefs are not permitted except by leave of
additional requirements for filing petitions court. Supreme Court Rule 306(c)(2).
related to orders regarding child custody or
allocation of parental responsibilities The petition and answer must be filed
pursuant to Supreme Court Rule 306(a)(5). with a notice of filing and a certificate of
They are discussed in Section VII, Part A. service (discussed at Section III, Part B).
A sample petition for leave to appeal and

supporting memorandum can be found at
IV - 1

The appellate court will issue a ruling Rule 9, discussed in Section I. In addition to
whether to grant the petition and allow leave having a statement of facts supported by a
to appeal. supporting record, the application should
set forth the certified question and a
If leave to appeal is granted, proceedings statement as to why a substantial basis
in the circuit court are automatically stayed. exists for a difference of opinion on the
The clerk of the appellate court will send question and why an immediate appeal may
notice to the clerk of the circuit court. materially advance the termination of the
Supreme Court Rule 306(c)(5). The parties litigation. Supreme Court Rule 308(c).
may stand on their petition or answer or file
further briefs in lieu of or in addition to their Within 21 days of the due date of the
petition or answer. You should speak with application, the adverse party may file an
the clerk’s office to determine how to notify answer in opposition together with a
the clerk about your decision to stand on supplementary supporting record
your petition or answer or to file a new brief, containing any additional parts of the
as practices vary across appellate court record. Oral argument is generally not
districts. Otherwise, the appellant’s brief permitted. Supreme Court Rule 308(c).
will be due 35 days from the date leave to
appeal was granted; the appellee’s brief will As with other filings in the appellate
be due within 35 days of the due date of the court, the application and answer must be
appellant’s brief; and the reply brief will be filed with a notice of filing and certificate of
due within 14 days of the due date of the service. Samples are provided in the
appellee’s brief. Supreme Court Rule Appendix to this Guide at Exhibits 1A and
306(c)(7), 343(a). The format for these briefs 1B. If you mail your filings to the clerk of the
is discussed in Sections IX, X, and XI. appellate court or if you use a third-party
commercial carrier such as FedEx or UPS
Either party may request that additional and would like a filed-stamped copy
portions of the record be prepared, or the returned to you, be sure to include an extra
appellate court may order the appellant to copy of your petition along with a return
file the record within 35 days of the order envelope with prepaid postage (discussed at
granting leave to appeal. Supreme Court Section III, Part B).
Rule 306(c)(6). Preparation of the record is
discussed in Section VI. If leave to appeal is granted under
Supreme Court Rule 308, the parties will be
B. SUPREME COURT RULE 308 required to file briefs just as in appeals from
APPEALS final orders. In addition, either party may
request that additional portions of the record
A party can also seek leave to appeal be prepared or the appellate court may order
when the circuit court has certified a legal the appellant to file the record within 35
question. Supreme Court Rule 308(a). The days of the order granting leave to appeal.
document filed is called an “Application for The appellant must file a brief within the
Leave to Appeal” (similar to the “petition” same 35 days. The remaining due dates are
discussed in Section IV, Part A). The the same as those for appeals from final
application and supporting record orders. Supreme Court Rules 308(d), 343(a).
(discussed in Section VI, Part F) must be The format for briefs is discussed at Sections
filed within 30 days after the requisite IX, X, and XI.
findings have been made by the circuit
court. Supreme Court Rule 308(b). As with
all court filings in the appellate court, you
generally must e-file the application unless
you are self-represented and incarcerated,
the case involves the Juvenile Court Act, or
you have shown good cause to be exempt
from electronic filing. See Supreme Court
IV - 2

V. THE DOCKETING STATEMENT the form shown in Exhibit 8 in the Appendix.
In child custody appeals, the docketing
Within 14 days after filing your notice of statement must include a special bolded
appeal in appeals as of right (Supreme Court caption at the top of the first page. See
Rules 301 and 304) or within seven days Section VII, Part C. If you are filing an appeal
after filing your notice of appeal in an in a workers’ compensation matter, be sure
interlocutory appeal as of right (Supreme to include “Workers’ Compensation
Court Rule 307(a)), you must file a docketing Commission Division” at the top of the
statement in the appellate court. Supreme docketing statement after the district
Court Rule 312(a). number.
In the case of discretionary appeals As with everything else you file, you must
(Supreme Court Rules 306 and 308), the serve a copy of the docketing statement on
docketing statement is due at the time the all other parties and attach a proof of service
appellant files the Rule 306 petition or Rule so that the appellate court is aware that you
308 application. Supreme Court Rule 312(a). complied with this rule. You can use the
sample notice of filing and certificate of
The docketing statement serves as notice service that appear at Exhibits 1A and 1B
to the court and the other parties in the (discussed at Section III, Part B), but change
appeal that all of the preliminary steps have the name of the document you are filing and
been taken; that is, that the transcripts and serving to “Docketing Statement.” As with
record have been ordered. It also gives the all court filings in the appellate court, you
opposing party some idea of the issues you generally must e-file the Docketing
will be raising on appeal and other Statement unless you are self-represented
information that permits the justices of the and incarcerated, the case involves the
appellate court to see who the parties and Juvenile Court Act, or you have filed a
their attorneys are so that they can decline certification showing good cause to be
assignment on appeals in which they have exempt from e-filing. See Supreme Court
some connection to the parties or attorneys Rule 9, discussed in Section I. If you file by
that would make their participation mail or third-party commercial carrier,
inappropriate. remember to provide an extra copy, in
addition to those required by the court, and
Unless you have previously paid your a self-addressed, stamped return envelope
$50 filing fee, you must pay it when you file so that a file-stamped copy can be returned
your docketing statement. Supreme Court to you for your records.
Rules 312(a), 313. The fee is collected
electronically when you e-file your docketing The appellate clerk will notify you once a
statement. The fee must be paid using a number has been assigned to your appeal
Discover, MasterCard, or Visa credit card or (the appellate court assigns a different
prepaid debit card; the appellate courts do number than the circuit court). At the time
not accept eChecks. However, you may a case is docketed in the appellate court, an
petition for a waiver of appellate court fees acknowledgment letter is immediately sent
by using the form adopted by the Illinois to the appellant by e-mail or mail advising
Supreme Court. Supreme Court Rule 313. that the notice of appeal was received and
See Exhibit 19. filed and setting forth the docket number for
the case. If you have not heard from the
The information that must be included in court within a week after filing your notice of
the docketing statement is set forth in the appeal, you can call the appellate court
Article III Forms Appendix. Some of the clerk’s office and ask if a number has been
appellate court districts have developed their assigned. Be sure to have handy the name
own forms, copies of which are available of your case, the circuit court case number,
from the district clerks. In the alternative, and the date that you filed the notice of
or if a preprinted form is not available in appeal when you talk to the clerk so that he
your district, you may type your own using
V-1

or she can look up the appellate court case
number.
The contact information that you provide

on the docketing statement will allow the
court to notify you of its orders and decision.
The appellate court does not hear oral
argument on motions and does not rule from
the bench as do circuit court judges.
Everything is submitted in writing, and the
appellate court makes its decision and
issues a written order. Supreme Court Rule
361(b). To make sure that you receive these
written orders, it is important that you
provide the court with your correct and
current contact information. If your contact
information changes while your appeal is
pending, be sure to provide the appellate
court clerk and all parties with notice of the
change. A Notice of Change of Address is
provided in the Appendix at Exhibit 9.
V-2

VI. PREPARING AND FILING THE in the appellate court and the proceedings
RECORD ON APPEAL were recorded, you must have a transcript.
When we speak of the “appellate record” For example, in John Doe’s case, he
or “the record on appeal,” we are actually wants to appeal from the order of September
referring to a combination of documents, 10, 2009, dismissing count II of his
some of which must be prepared by a court complaint, and the order of May 9, 2010,
reporter and others that are contained in the granting summary judgment as to the
circuit court files. These documents are not remaining claims. He will need transcripts
automatically prepared and sent to the of every hearing dealing with those rulings.
appellate court when an appeal is filed. You Let us assume that the important
have to ask that they be prepared, and you proceedings are the hearings on September
also have to pay the fee for their preparation 10, 2009 and on May 9, 2010. John Doe
before they will be released. This section needs to include those transcripts in the
deals with getting the court reporter’s record.
transcripts prepared and filed (Part A); what
to do if there was no court reporter (Part B); 1. Ordering the Transcripts. The report
requesting preparation of the record on of proceedings has to be filed in the circuit
appeal by the circuit court clerk (Part C); and court within 49 days (seven weeks) after your
filing the record in the appellate court (Part notice of appeal was filed. Supreme Court
D). Supporting records submitted in Rule 323(b). Again, in calculating when the
support of appeals taken pursuant to report of proceedings is due, you do not
Supreme Court Rules 306, 307 and 308, count the first day – if John Doe filed his
consisting of less than the full circuit court notice of appeal on June 8, 2010, then June
record, are discussed in Part F. 9, 2010 would be Day 1. Day 49 would be
July 27, and the report of proceedings would
Special rules for preparing and filing the have to be filed in the circuit court on or
record in child custody appeals are before that day.
discussed in Section VII, Part D.
As the appellant, you are responsible for
A. TRANSCRIPTS OF contacting the court reporter and ordering
COURT PROCEEDINGS the transcripts. Within the time for filing the
docketing statement (see Section V), the
Procedures vary widely in the keeping of appellant must make a written request to the
a record of oral proceedings that take place court reporter to prepare the transcript of
before the circuit court judge. In some proceedings that the appellant wishes to be
circuit courts, a court reporter is almost included in the report of proceedings.
never present, unless one of the parties
requests one. In other circuit courts, the The first step is to talk to the court
proceedings will be recorded by the court. reporter and find out (a) how much it will
The recording or reporter’s notes will be kept cost to have the transcripts prepared and
until one of the parties requests the what arrangements must be made for
preparation of the written transcript. The payment; (b) about how long it will take to
appellate court will need transcripts of the prepare the transcripts; and (c) how the
important hearings in order to properly court reporter will notify you when the
review your case. You may not need to transcripts will be filed.
request transcripts of every single hearing
that took place. For example, if at one When you talk to the reporter, be
hearing, all the judge did was continue the prepared with pertinent information. He or
hearing to another date, that probably will she will need to know the name and court
not be important to the appeal unless you number of your case; what circuit court
plan to raise some particular issue about the judge heard the case; the exact dates of the
continuance. But if a hearing dealt in any proceedings you want transcribed; and
way with any of the issues you will be raising when the notice of appeal was filed or is to
VI - 1

be filed. Remember, court reporters are in done, this too should be presented to the
court much of the day and also receive a lot judge as part of the record to be certified.
of requests for transcripts, so they need
plenty of advance notice in order to arrange 3. Additional Time for Filing the
their schedules to have time to prepare your Transcripts. Sometimes the transcript of
transcripts. proceedings cannot be prepared in time for
filing within 49 days. A court reporter may
After you talk to the court reporter, be ill or, if the necessary hearing took place
confirm the arrangements in writing. See years earlier, it may take time to locate the
Exhibit 10 in the Appendix. reporter or for some other reporter to
decipher the notes and prepare the
Supreme Court Rule 312 requires that transcript. You can get additional time, but
you notify other parties of what transcripts you must file a motion in the appellate court
you have requested. That information is asking for an extension of time and
included in the docketing statement the explaining why the transcript cannot be
appellant must file in the appellate court and prepared within the time provided. Any
serve on all parties (discussed in Section V). motion for extension of time must be
If the opposing party believes other supported by an affidavit (a sworn statement
transcripts are necessary, he or she must before a notary public) or verified by
notify you of that fact in writing within seven certification. Supreme Court Rules 16,
days after service of the notification, 323(e) and 361(f). For example, if you
specifying what additional transcripts are contacted the court reporter and were
necessary. If you receive such a notice, you informed that the reporter was ill or on
must, within seven days, ask the court vacation or simply cannot finish the
reporter to prepare the additional transcript(s) on time, then you need to
transcripts requested or, if you think the explain that to the appellate court. You also
request is unjustified, file a motion in the need to advise the court as to the date the
circuit court asking the judge to enter an reporter said the transcript(s) will be
order that the additional portions not be completed. A sample motion to extend time
included unless the opposing party pays for appears at Exhibit 15 in the Appendix.
their preparation. Supreme Court Rule
323(a). Along with your motion to extend time
for filing the transcript of proceedings
2. Correcting Mistakes. There probably (Exhibit 15), you must include a draft order,
has never been a report of proceedings notice of filing and certificate of service.
prepared that did not include typographical Samples of those forms are in the Appendix
or other minor errors. They are hurriedly at Exhibits 1A, 1B. and 6. You will need to
prepared, and the court reporter may have change the description of the filing to
misheard a word or had to transcribe two or “Motion to Extend Time for Filing Transcript
three people trying to talk at the same time. of Proceedings” and add the circuit court
If the transcript is intelligible and the error clerk to the service list (that is necessary for
does not change the sense of what was said, any motions for extension of time that will
do not worry about it. The appellate court affect the timing for filing the record).
will be able to decipher it. If you come across Supreme Court Rule 323(d).
passages that are unintelligible, however, or
where something important has been If your motion is granted, the appellate
omitted—as where a passage should have court will issue an order setting a new date
“no” or “not” in it, but the negative has been for filing the transcript in the circuit court.
omitted making it sound as though you were Some appellate court districts automatically
urging the court to dismiss your case or send a copy of the order to the circuit clerk.
grant summary judgment against you—talk If your district does not, you should send a
to the court reporter about preparing an copy of any order extending the time for filing
“errata sheet” to correct the errors. If that is the transcript to the clerk of the circuit court
because the time for filing the record on
VI - 2

appeal is automatically extended by an order served by the other parties), you must
extending the time for filing the report of present the proposed report or reports to the
proceedings. The record on appeal will not circuit court judge who heard the evidence.
be due in the appellate court until 14 days You must give proper notice that you will be
after the due date for the report of presenting the bystander’s report to the
proceedings. Supreme Court Rule 326. judge. Use the form captioned “Motion to
Certify Report of Proceedings” (Exhibit 13 in
B. WHAT TO DO IF THERE WAS NO the Appendix), but refer instead to
COURT REPORTER—THE “Bystander’s Report” rather than to “Report
BYSTANDER’S REPORT OF ORAL of Proceedings” and attach copies of the
PROCEEDINGS proposed report(s). You will need to file and
serve a notice of motion similar to Exhibit 12
If, and only if, there was no court in the Appendix. If the parties do not agree
reporter present, you may have to prepare on the facts, any conflicts will be resolved by
what is called a “bystander’s report” to the judge, who will then certify the final form
inform the appellate court what happened settled upon and order that it be filed as part
during oral proceedings before the circuit of the record.
court. Supreme Court Rule 323(c). This
should be necessary only in the case of If the parties can agree on what
hearings at which the judge of the circuit testimony was given at the hearing, then
court heard evidence from witnesses under certification is not necessary. They can
oath. If the proceeding was one at which the stipulate to a statement of facts material to
judge only heard the arguments of the the appeal, reduce it to writing, and file it
parties, for example on a motion to dismiss, with the clerk of the circuit court within 49
or only heard arguments about evidence that days (seven weeks) after the notice of appeal
was submitted in writing and made a part of was filed. Supreme Court Rule 323(d). A
the written record (for example, affidavits sample stipulation appears at Exhibit 16 in
submitted as part of a motion for summary the Appendix.
judgment), then you probably do not need to
worry about having a transcript. C. PREPARATION OF THE RECORD
ON APPEAL
Where evidence was taken orally, there is
a substitute for the reporter’s transcript. The clerk of the circuit court will arrange
Someone who was there and actually heard the record on appeal in three sections: the
what was said can write a concise, accurate, common law record, the report of
and factual account of what was said, called proceedings, and the trial exhibits. Supreme
a bystander’s report. It could be written by Court Rule 324. The common law record
a party or it could be written by the person includes every single motion, pleading,
who actually said it. Such a document order, or other written document filed in the
would typically consist of a series of short, circuit court during the course of the
numbered paragraphs, each one setting out litigation. Unless otherwise specified, when
what was said by a particular person. the clerk of the circuit court receives a
request to prepare the record on appeal, he
If you prepare a bystander’s report, a or she will include everything that is in the
copy of it must be served on all other parties court’s file. If the parties stipulate in writing
within 28 days after you file your notice of that fewer than all documents and orders be
appeal. Within 14 days after service of the made a part of the record or if the circuit
report, other parties can serve on you court judge on motion of one of the parties
proposed amendments to your report or orders that only certain documents be
submit their own proposed bystander’s included in the record, you must give the
reports. Within seven days after receiving stipulation or a copy of the order to the
the other parties’ amendments or proposed circuit court clerk.
reports (or within seven days after you
should have received them, if none are
VI - 3

It does not matter if the record on appeal list the pleadings, orders, transcripts and
contains pleadings and orders that are exhibits to be included in the record. As with
irrelevant to the issues; the appellate court all motions, you must give the opposing
will just ignore them. However, you must be party notice of the date and time for hearing
sure everything that the appellate court on the motion and provide the court with
needs to review the case is included in the certificate of service. Samples of such a
record. For this reason, the usual method is notice and certificate of service are shown in
to have everything included. The only Exhibits 1B and 12.
difference may be in the cost of preparing the
record. If a record is 100 pages or fewer, the 1. Ordering the Record on Appeal. You
statutory fee for preparing it is $110. If the must order the record on appeal within 14
record is 101-200 pages, the fee is $185. If days after filing your notice of appeal. Your
the common law record exceeds 200 pages, request is made to the clerk of the circuit
the clerk imposes an additional charge of 30 court and procedures vary, so you must ask
cents per page for each additional page. The the clerk in advance what the preferred
court may require a deposit when the clerk method is for ordering the record. The
begins preparing the record. All transcripts request must always be in writing, but some
of court proceedings will also be subject to of the clerks have prepared special forms
these costs. Final payment is due when the which they prefer be used. A sample of one
record is completed. such form, used by the clerk of the Circuit
Court of Cook County, Civil Appeals
If you kept copies of everything filed in Division, is included as Exhibit 17 in the
the circuit court, you should be able to tell Appendix. It is quite similar to forms used
whether the record will be close to 100 or by other circuit court clerks. It has spaces
200 pages, and whether it would be worth it for all the information the clerk needs in
to try to limit the record on appeal. If you do order to prepare the record on appeal and to
want to limit what is included in the record, get in touch with you when the record is
the best course would be to try to get a ready. At the time you file your notice of
stipulation to that effect from the opposing appeal, ask the clerk if there is a special form
party’s attorney. The stipulation would look to use. If not, a simple letter directed to the
much like the stipulation discussed in clerk will do, but be sure you include all of
connection with filing the transcripts by the information asked for in the sample
stipulation in Exhibit 14. In the body, form, especially an address where mail is
however, you should state: sure to reach you, an e-mail address (unless
there is an exemption from e-filing
IT IS HEREBY STIPULATED AND requirements) and a telephone number
AGREED by the parties hereto that the where you can be contacted during the work
record on appeal be limited to the following: day.
You should then list specifically and in If the clerk prefers a letter, use a form
chronological order what pleadings, orders, similar to Exhibit 18 in the Appendix.
transcripts and exhibits are to be included
in the record. 2. Payment of the Preparation Fee. The
circuit courts also have varying rules with
If a stipulation is not possible, your only regard to when the preparation fee must be
other course to limit the record on appeal is paid, but all now require at least a deposit
to file a motion with the circuit court asking before they start preparing the record. The
for an order limiting the record to specific rule is uniform that the record will not be
pleadings. It would be similar to the motion transmitted until the fee is paid, so when
to certify the report of proceedings (Exhibit you are notified that the record is ready, pay
13), but would be captioned “Motion to Limit the fee promptly and in full. Some of the
Record on Appeal.” You would move the clerks have form letters or memos that they
court for “entry of an order limiting the give to litigants, explaining the particular
record on appeal to the following,” and then procedures to be followed.
VI - 4

You should check with the clerk’s office tens of thousands of active files) or the
a few weeks before the record is due to importance of a transcript is not realized
confirm that the record will be prepared by until you begin to prepare your appellate
the due date. If the clerk’s office advises you brief. If the missing document is a court
that they cannot meet the deadline, you will order, it may be easier to replace because
need to file a motion in the appellate court most orders are scanned. Usually, the clerk
for extension of time to file the record. can find an order if you provide the case
Follow the same steps discussed in Section number and the date of the order.
VI, Part A.5.
If you need to supplement the record,
D. FILING THE RECORD ON APPEAL notify the circuit court clerk what
documents are missing. If the clerk does not
1. Filing of the Record in the Appellate have the missing document, you will need to
Court. The record on appeal typically must provide the clerk with your file-stamped copy
be filed in the appellate court within 63 days (keeping a copy for yourself, of course). If the
(nine weeks) after your notice of appeal was missing document of the record is a
filed, although extensions can be obtained transcript, you must go through the
pursuant to motion. Supreme Court Rules certification process described at Part A of
326, 361. Upon payment of the preparation this Section.
fee, the clerk of the circuit court will
electronically file the record with the For the common law record, the clerk will
reviewing court. Supreme Court Rule 325. accept an original or copy of any filing that
carries a filing stamp of the clerk of the
2. Obtaining the Record for Use in circuit court without any need for further
Preparing Your Brief. You will, of course, authentication. A notice of filing, identifying
immediately need the record on appeal to the document, must be given to all parties.
begin preparing your appellant’s brief, which Supreme Court Rule 324. Otherwise, the
is due to be filed in the appellate court within missing documents can be provided to the
35 days (five weeks) after the record on clerk by way of the stipulation procedure
appeal is filed. When the clerk of the circuit described at Part A. A sample stipulation
court files the record with the reviewing can be found at Exhibit 21 in the Appendix.
court, the appellate court clerk will notify File the stipulation, with the document(s)
you by e-mail (or by mail if there is an attached, with the circuit court clerk. Some
exemption from e-filing requirements) that clerks have prepared a special form that
the record has been filed. You may then should accompany the stipulation. A
access the record in one of two ways: either sample of one such form is included as
(1) access the record on the re:SearchIL Exhibit 22.
website (https://researchil.tylerhost.net/
CourtRecordsSearch/Home#/home), or (2) Once the missing documents are
the appellate clerk will e-mail you a link to received by the circuit court clerk, he or she
download the record. can prepare a supplemental record on
appeal. The charge for preparing it varies,
E. SUPPLEMENTAL RECORD so ask the clerk how much it will be and
when the fee is to be paid. When the
Occasionally, an important pleading or supplemental record is ready, you must file
transcript will be accidentally omitted from with the appellate court a motion for leave to
the record on appeal. It is not enough to tell file a supplemental record (see Exhibit 23).
the appellate court that something is As with other motions, it must be
missing—you must supplement the record accompanied by a notice of filing and a
with the missing item or the court will not certificate of service, samples of which
consider it. Supreme Court Rule 329. appear at Exhibits 1A and 1B of the
Appendix.
Sometimes pleadings get misfiled in the
circuit court (some of the clerk’s offices have
VI - 5

F. SUPPORTING RECORD
Parties bringing interlocutory appeals

pursuant to Supreme Court Rules 306, 307
and 308 are required to file a supporting
record containing enough of the trial court
record to show an appealable order or
judgment, a timely filed and served notice of
appeal (or notice of interlocutory appeal), if
one is required, and any other matter
necessary to the petition or application.
Supreme Court Rule 328. Consult the
Supreme Court Rule governing the appeal to
determine the content for the supporting
record. The supporting record must be
authenticated by the certificate of the clerk
of the trial court or by affidavit of the
attorney or party filing it. A sample affidavit
is provided at Exhibit 24 in the Appendix. It
also must comply with the standards and
requirements for electronic filing of the
record on appeal.
G. SPECIAL RULES FOR RECORDS

IN CERTAIN CASES
There are special rules and deadlines

regarding the preparation of records in child
custody appeals (see Section VII, Part D.4)
and appeals from administrative agencies
(see Section VIII).
VI - 6

VII. CHILD CUSTODY OR ALLOCATION THIS APPEAL INVOLVES A MATTER
OF PARENTAL RESPONSIBILITIES SUBJECT TO EXPEDITED
APPEALS DISPOSITION UNDER RULE 311(a).
Child custody appeals involve the care This caption is necessary to alert the
and custody of children who are alleged to appellate court to place this appeal on an
be abused and neglected or whose custody accelerated docket.
is at issue in a dissolution of marriage,
adoption, paternity, or other proceeding. If you are filing an interlocutory appeal
Some examples of final child custody orders pursuant to an order terminating parental
include orders terminating a parent’s rights or affecting temporary commitment in
parental rights, a dispositional order under adoption proceedings pursuant to Supreme
the Juvenile Court Act, an order dismissing Court Rule 307(a)(6) (see Section II, Part C),
or closing a case under the Juvenile Court the notice must be captioned “Notice of
Act, a custody, allocation of parental Interlocutory Appeal” and must include the
responsibilities judgment, relocation, or same special bolded caption at the top of the
modification of such judgment subsequent page. It, too, is due within 30 days of entry
to dissolution of marriage under the Illinois of the child custody order from which you
Marriage and Dissolution of Marriage Act or are appealing. A motion for reconsideration
the Illinois Parentage Act. In most cases, the does not toll the running of the 30-day
appeal would be brought under Supreme deadline.
Court Rule 301, 304(b)(6), 660(b), or 663(a).
If you are appealing from an
In all cases under the Juvenile Court Act, interlocutory order affecting the care and
including termination of parental rights custody of or the allocation of parental
cases where a guardian has been appointed responsibilities for an unemancipated minor
to consent to adoption, and under the pursuant to Supreme Court Rule 306(a)(5),
Adoption Act, the last name of the child shall you cannot file a notice of appeal. Examples
not be used in the appellate court. The child of interlocutory orders include permanency
shall be identified by his first name and last planning, visitation, and temporary custody
initial or by his initials. The preferred orders. Instead, you must obtain the
method is by the child’s first name and last appellate court’s permission to appeal by
initial unless the first name or the spelling of filing a petition for leave to appeal (discussed
the first name is unusual and would create in Section II, Part D).
a substantial risk of revealing a child’s
identity. Supreme Court Rules 341(f), Petitions relating to an interlocutory
364(c)(5), 660(c) and 663(b). If the parent(s) (non-final) order affecting the care and
and child share a last name, an initial custody of, or the allocation of parental
should be substituted for the parent’s last responsibilities for, a minor must be filed
name. within 14 days of issuance of the order. The
filing of a motion to reconsider an
A. STARTING THE APPEAL interlocutory (non-final) order does not stay
the time period for filing the petition for leave
If you are appealing from a circuit court’s to appeal.
permanent determination of child custody
brought pursuant to Supreme Court Rule Petitions related to child custody or
301, 304(b)(6), 660(b) or 663(a) (see Section allocation of parental responsibilities
II, Part C), you must prepare and file your appeals (Supreme Court Rule 306(a)(5)) shall
notice of appeal in the circuit court within 30 state the relief requested and the grounds for
days of entry of the order. A sample notice that relief. A legal memorandum, not
of appeal can be found at Exhibit 2. As exceeding 15 pages in length or 4,500 words,
discussed below, the notice of appeal must can be filed in support. Supreme Court Rule
contain the following caption in bold type, at 306(b)(1), (2). A sample format for the
the top of the first page: petition for leave to appeal and supporting
VII - 1

memorandum can be found at Exhibit 7, B. FILING AND SERVICE
discussed at Section IV, Part A. Be sure to
include the special caption in bold type at Please see Section I of this guide for
the top of the first page. information on electronic filing. Please
check with the court to determine if
A supporting record (discussed in electronic filing of briefs and motions is
Section VI, Part F) must accompany the discretionary or mandatory for appeals filed
petition for leave to appeal. It must include under the Juvenile Court Act. See Rule 9,
the order appealed from, and any supporting discussed in Section I.
documents or matters of record necessary to
the issues raised in the appeal. The Documents generally must be served on
supporting record must be authenticated by other parties electronically unless there is a
the certificate of the clerk of the trial court rule or court order specifying otherwise.
or by affidavit of the attorney or party filing Supreme Court Rule 11(c). However, self-
it. Supreme Court Rules 306(b)(1), 328. A represented parties can choose not to receive
sample affidavit is provided at Exhibit 24 in and serve documents by e-mail. If electronic
the Appendix. It also must comply with the service is not necessary, service can be made
standards and requirements for electronic by personal service, delivery to an attorney’s
filing of the record on appeal. office or self-represented party’s residence,
by U.S. mail, or by a third-party commercial
As with other filings with respect to child carrier.
custody or allocation of parental
responsibilities appeals, the supporting As explained in Section III, Part B, the
record must include the special bold caption notice of appeal or notice of interlocutory
at the top of the cover page. appeal for appeals brought pursuant to
Supreme Court Rules 301, 304(b)(6) or
See Part B below for instructions on filing 307(a)(6), is filed with the clerk of the circuit
and service. court where your case was heard. Your
notice of appeal is generally due 30 days
The opposing party has five business from the date the final order is entered.
days1 following service of the petition and There are exceptions. See Timelines at A-2
memorandum to file an answer. Supreme through A-9.
Court Rule 306(b)(2). As with other
permissive interlocutory appeals, the If your circuit court has an active e-filing
appellate court will issue a ruling whether to system and your case is not exempt from the
grant the petition and allow leave to appeal. e-filing requirements, then you must e-file
If leave to appeal is granted, the appellant your notice of appeal with the circuit court.
must serve, within seven days, copies of the Your case is exempt if it involves litigation
order granting leave to appeal upon the trial under the Juvenile Court Act of 1987, you
judge who entered the judgment or order are incarcerated and self-represented, or if
appealed from and the office of the chief you have filed a certification showing good
judge of the circuit in which the judgment or cause to be exempt from e-filing. See
order was entered. Supreme Court Rules Supreme Court Rule 9(c), discussed in
306(b)(5), 311(a)(2). Section I. Your notice of appeal will be timely
if you submit it for e-filing before midnight
The parties may stand on their petition on the date that it is due and it is accepted
or answer or may elect to file new briefs. In for filing by the circuit court.
order to allow a petition or answer to stand
as a brief, the party must notify the clerk of If your circuit court does not yet have an
the appellate court by letter on or before the active e-filing system, or if your case is
due date of the brief. Supreme Court Rule exempt from the e-filing requirements, then
306(b)(5). you must file your notice of appeal on paper.
1
Business days exclude weekend days and court holidays.
VII - 2

If paper filing is allowed, you need to take Under Rule 306(b)(1), a copy of the petition
at least the original and one copy to the clerk for leave to appeal must be served on the
for filing. You should also take at least one trial judge who entered the order from which
extra copy so that you can have a copy leave to appeal is sought.
stamped with the filing date to keep for your
own records. If you are permitted to file by mail or by
a third-party commercial carrier and you
You can also file the notice of appeal by want a file-stamped copy for your records, be
mailing the original and one copy to the clerk sure to include (a) an extra copy; (b) a self-
of the circuit court or delivering the original addressed, stamped return envelope; and (c)
and one copy to a third-party commercial a note to the clerk asking him or her to
carrier, such as FedEx or UPS, for delivery return a file-stamped copy to you in the
to the clerk, provided delivery to the court is enclosed envelope.
to occur within three business days. A
notice of appeal is considered timely filed if Documents generally must be served on
it is actually mailed or delivered to the third- other parties electronically unless there is a
party commercial carrier on the 30th day rule or court order specifying otherwise.
after the date of the final order appealed Supreme Court Rule 11(c). However, self-
from, even if it is not received and file- represented parties can choose not to receive
stamped by the circuit court clerk until after and serve documents by e-mail. If electronic
the 30 days has expired. Supreme Court service is not necessary, service can be made
Rule 373. It is important to have a sworn by personal service, delivery to an attorney’s
notice of filing reflecting a timely mailing or office or self-represented party’s residence,
delivery to a third-party carrier. See Section by U.S. mail, or by a third-party commercial
III, Part B and Exhibit 1A. carrier.
Supreme Court Rules 303(c) and In the case of electronic service, some e-
311(a)(2) require that a copy of the notice of filing systems will automatically serve the
appeal or notice of interlocutory appeal be parties when a document is e-filed. If that
filed in the appellate court within seven days service is not available, parties must serve
of the filing in the circuit court and service each other by e-mail at the e-mail address
within that same seven days upon the other listed on their appearance forms and court
parties and the circuit court judge who filings. To serve a document by e-mail, you
entered the judgment or order appealed and should attach the document you are serving
the office of the chief judge of the circuit in to your e-mail, or you should provide a link
which the judgment or order was entered. A within the body of your e-mail that will allow
sample notice of filing and certificate of the recipient to download the document
service can be found at Exhibits 1A and 1B through a reliable service provider. A
in the Appendix. Of course, the caption document is considered served on the date
would be different, and the certificate of that it is electronically sent. You must also
service would include the name of the trial serve a copy of the notice of appeal on third
judge and chief judge as well as counsel for parties. Manners of service and certification
the opposing party. are discussed in Section III, Part B.
Petitions seeking leave to appeal C. DOCKETING STATEMENT

pursuant to Supreme Court Rule 306(a)(5)
are not filed in the circuit court; they are Within 14 days after filing your notice of
filed in the appellate court. If paper filing is appeal in cases of appeals as of right
allowed, you must file an original and three (Supreme Court Rule 301 or 304(b)(6)), you
copies each of the petition, memorandum, must file a docketing statement and pay the
and supporting record with the court along $50 appearance fee. If you are required to
with a notice of filing and certificate of electronically file the docketing statement,
service showing that you served the the fee is collected through the e-filing
opposing party by personal or e-mail service. system. However, you may petition for a
VII - 3

waiver of appellate court fees by using the serve the trial judge who entered the
form adopted by the Illinois Supreme Court. judgment or order appealed and the office of
Supreme Court Rule 313. See Exhibit 19. the chief judge of the circuit in which the
In cases of appeal under Supreme Court Where leave to appeal has been granted
Rule 307(a), the docketing statement is due pursuant to Supreme Court Rule 306(a)(5),
seven days after the filing of the notice of the appellant shall, within seven days, serve
interlocutory appeal. Supreme Court Rule copies of the order granting leave to appeal
312(a). The format for docketing statements upon the trial judge who entered the
is shown in Exhibit 8 and is discussed in judgment or order appealed and the office of
greater detail in Section V. the chief judge of the circuit in which the
In cases of discretionary appeals Supreme Court Rule 311(a)(2).
(Supreme Court Rule 306(a)(5)), the
docketing statement is due at the time the 3. Status Hearing. On receipt of the
appellant files the Rule 306 petition. notice of appeal or order granting leave to
Supreme Court Rule 312(a). The docketing appeal, the trial judge is required to set a
statement must include the special bold status hearing within 30 days of the date of
caption at the top of the first page. Supreme filing of the notice or order granting leave to
Court Rule 311(a)(1). determine the status of the case, including
payments of required fees to the clerk of the
Please see Section V-1 to V-2 for circuit court and court reporting personnel
information on filing and serving the for preparation of the transcript of
docketing statement. proceedings (discussed in Section VI), and
take any action necessary to expedite
D. MANDATORY EXPEDITED preparation of the record on appeal and
DISPOSITION transcript of proceedings. The trial judge
may request the assistance of the chief judge
Supreme Court Rule 311(a) mandates to resolve filing delays. Supreme Court Rule
expedited disposition of child custody 311(a)(3).
appeals, requiring the appellate court to
issue its decision within 150 days after the 4. Record. The electronic record on
notice of appeal is filed or leave to appeal has appeal including the transcript of
been granted. Other requirements include proceedings (discussed in Section VI) must
the following: be filed in the appellate court no later than
35 days after the filing of the notice of appeal
1. Special Caption. The notice of appeal or granting of leave to appeal pursuant to
(Exhibit 2) or petition for leave to appeal Supreme Court Rule 306(a)(5). Any request
(Exhibit 7), the docketing statement (Exhibit for extension of time for filing the record
8), briefs, and all other notices, motions and must be accompanied by an affidavit of the
pleadings must include the following court clerk or court-reporting personnel
statement in bold type on the top of the front stating the reason for the delay and shall be
page: served on the trial judge and the chief judge
of the circuit. Lack of advance payment
THIS APPEAL INVOLVES A MATTER shall not be a reason for noncompliance with
SUBJECT TO EXPEDITED filing deadlines for the record or transcript.
DISPOSITION UNDER RULE 311(a). Supreme Court Rule 311(a)(4). The record
in all child custody appeals, including
Supreme Court Rule 311(a)(1). appeals filed under the Juvenile Court Act,
must be electronically filed.
2. Service Upon the Circuit Court. As
discussed previously in this Section, in 5. Deadline for Decision. Except for
addition to service upon the opposing party, good cause shown, the appellate court must
a party filing a notice of appeal shall also issue its decision within 150 days after the
VII - 4

filing of the notice of appeal or granting of days from the date the appellee’s brief is due,
leave to appeal under Rule 306(a)(5). the appellant may file a reply brief.
6. Local Rules. The appellate court of E. ORAL ARGUMENT

each district is authorized to adopt
mandatory procedures to ensure the The procedures and guidelines as to oral
issuance of a decision within the 150-day argument are the same as in any other
deadline. Supreme Court Rule 311(a)(6). appeal. They are discussed in Section XII.
You should check the particular district's
administrative orders and rules, especially F. AFTER THE APPELLATE COURT
related to motions for extension of time to file RULES
your brief. They are accessible on the Illinois
Supreme Court’s website at As in any other appeal, if the appellate
http://www.illinoiscourts.gov/AppellateCou court rules against you, your only recourse
rt/default.asp, click on your district’s local is to file a petition for rehearing in the
rules. appellate court (Supreme Court Rule 367) or
to file a petition for leave to appeal in the
The local rules may change at any time, Illinois Supreme Court (Supreme Court Rule
so it is important that you check this website 315). The deadlines and formats for these
to ensure you know the current local rules petitions are discussed in Section XIII.
or call the clerk of the particular appellate Please note that under Supreme Court Rule
court (telephone numbers are posted on the 315(i), the timeframes for filing briefs after a
website and in the Appendix) to verify local petition for leave to appeal is allowed are
rules. shortened in child custody cases. The
appellant’s notice of election is due within
7. Briefing Schedule. The appellant’s seven days after the petition for leave to
brief is due 21 days after the record is e-filed appeal is allowed. If the appellant elects to
in the appellate court. The appellee’s brief is file an additional brief, the brief is due within
due 21 days from the due date of the 21 days from the date the petition for leave
appellant’s brief. Any reply brief is due to appeal is allowed. Supreme Court Rule
seven days from the due date of the 315(i)(2).
appellee’s brief.
Just as with respect to any filings in the
See Section IX, Part C, for information on appellate court, the petition for rehearing
filing and serving your brief. If you are and the petition for leave to appeal must
electronically filing your brief, consult the have the special caption in bold type on the
local appellate rules to see if you also need top of the front page:
to serve paper copies of your brief on the
Court. THIS APPEAL INVOLVES A MATTER
SUBJECT TO EXPEDITED
8. Due Dates for Briefs for Rule DISPOSITION UNDER RULE 311(a).
307(a)(6) Appeals. Under Supreme Court
Rule 307(a)(6), in appeals from an order Supreme Court Rules 311(a) and 315(i)(1).
terminating parental rights or granting,
denying or revoking temporary commitment
in adoption proceedings under the Adoption
Act, the appellant’s notice of interlocutory
appeal and the record must be filed within
30 days of entry of the interlocutory order.
The appellant’s brief is due within seven
days of the filing of the notice of interlocutory
appeal and the record. Within seven days
from the date the appellant’s brief is filed,
the appellee’s brief is due. Within seven
VII - 5

VIII. APPEALS FROM FINAL Otherwise, these appeals are subject to the
ADMINISTRATIVE ORDERS same rules as any other appeal.
The Illinois legislature has provided for A. THE PETITION FOR REVIEW
appeal from final orders of certain state
administrative agencies directly to the When you appeal from an agency
appellate court. The statutes and decision directly to the appellate court, your
regulations governing the proceedings of petition for administrative review must be
those agencies will specify where decisions filed in the appellate court, not in the circuit
are to be appealed and what constitutes a court or the agency’s office. The parties to
final order. For example, the agencies whose the administrative review proceeding are the
final orders are directly appealable to the petitioner (the party filing the petition) and
appellate court are: the Pollution Control the respondents (the agency and all other
Board (415 ILCS 5/41), the Illinois State parties).
Labor Relations Board (5 ILCS 315/11), the
Illinois Educational Labor Relations Board For example, suppose John Doe was
(115 ILCS 5/16), certain orders of the Illinois fired from his job at Acme Manufacturing
Gaming Board (230 ILCS 10/17.1), the Local Company. He believed he was fired because
Labor Relations Board (5 ILCS 315/11), the of his race and filed a race discrimination
Illinois Commerce Commission (220 ILCS complaint with the Illinois Human Rights
5/10-201), and the Illinois Emergency Commission. The Commission followed its
Management Agency (formerly the usual internal review procedures and
Department of Nuclear Safety) (420 ILCS ultimately issued a final decision and order
20/18). Additionally, final decisions of the finding in favor of Acme and against Doe.
Property Tax Appeal Board where a change Doe wants to have the administrative
in assessed valuation of $300,000 or more decision judicially reviewed and has
was sought (35 ILCS 200/16-195), a determined that the Illinois Appellate Court
decision from the Illinois Human Rights for the Second District has jurisdiction.
Commission (775 ILCS 5/8-111), and a
judgment of the State Board of Elections Within 35 days of service as defined by
concerning disclosure of campaign the agency statutes and regulations (unless
contributions and expenditures may be another time period is provided in the law
appealed directly to the appellate court (10 authorizing review), Doe must file a petition
ILCS 5/9-22). for administrative review in the Illinois
Appellate Court, Second District, seeking
The procedures for these direct appeals judicial review of the agency’s decision, and
are governed by Supreme Court Rule 335. he must also serve copies of that notice on
With respect to administrative appeals: (a) the agency and on Acme. The pleading he
you file a petition for administrative review files is called a petition for review and serves
instead of a notice of appeal in the court the same function as the notice of appeal
having jurisdiction; and (b) after written discussed in Section III, Part A. It must
request by the petitioner, the record is identify the party seeking review, the agency,
prepared by the administrative agency. other parties involved (in this case, Acme),
and the order to be reviewed. A sample
The time for filing the petition for petition for review and notice of filing and
administrative review is the time period certificate of service can be found at Exhibits
specified in the law authorizing review, such 25 and 26 in the Appendix.
as those mentioned above. Unless another
time period is provided, the petition for The petition for administrative review
administrative review must be filed within 35 (with the notice of filing and certificate/proof
days from the date that a copy of the order of service) is filed with the clerk of the
or decision sought to be reviewed was served appellate court. Supreme Court Rule 335.
on the party affected by the order or “Service” is defined by each agency’s rules
decision. Supreme Court Rule 335(a). and regulations. Most provide that service is
VIII - 1

presumed to have occurred three business the agency that must prepare the record on
days after the date the agency mails the appeal and send it to the appellate court. If
decision, unless a later actual date is shown. the agency is not notified in the proper
However, there is a split in the appellate manner, the record will not be prepared and
courts when the decision is actually received filed on time.
before the three business days, with the
Fourth District holding that the three-day B. PREPARING AND FILING THE
rule is not applicable if there was earlier, RECORD FOR REVIEW
actual receipt before the three days, and the
First District holding that the three days Supreme Court Rule 335 requires the
apply notwithstanding actual, earlier agency whose order is the subject of the
receipt. It is good practice to file your petition for administrative review to prepare
petition for administrative review within 35 and file a certified copy of the record for
days from the agency’s mailing of the review within 35 days after the petition for
decision, or, if not possible, then 35 days administrative review was filed. You must
from three business days from the mailing or request in writing that the agency prepare
actual receipt, whichever is earlier. This the record. The record will consist of any
helps ensure that your petition will be and all papers filed with the agency during
timely. the course of its proceedings, any orders or
findings made, and any transcripts of oral
As with all court filings in the appellate proceedings before the agency.
court, you generally must e-file the petition
unless you are self-represented and Although the agency must assemble and
incarcerated, the case involves the Juvenile file the record, you should not assume that
Court Act, or you have filed a certification this will be done automatically or that you
showing good cause to be exempt from e- have no responsibility to ensure that a
filing. See Supreme Court Rule 9, discussed proper record is prepared. As soon as the
in Section I. You must also pay the petition for administrative review has been
docketing fee of $50. However, you may filed, write your letter to the agency
petition for a waiver of appellate court fees requesting that it prepare the record, and
by using the form adopted by the Illinois then contact the agency attorney to tell
Supreme Court. Supreme Court Rule 313. her/him that a petition for administrative
See Exhibit 19. review has been filed and ask to speak to the
person who will be responsible for preparing
If e-filing is not required and you file by the record. Every agency has its own rules
mail or third-party commercial carrier and and regulations regarding records and may
want a file-stamped copy for your records, be require that you assist in making sure all
sure to include: (a) an extra copy, with a note relevant pleadings and transcripts are
to the clerk asking that the extra copy be included. You should ask: (1) is there a fee
returned to you; and (b) a self-addressed, for preparing the record, and, if so, how
stamped envelope. much and when and where should it be paid;
(2) will you have to order transcripts of
You must name the agency and all hearings and pay for them, and if so, when
interested parties of record as respondents. must they be filed with the agency; (3) does
Although the agency is named as a the agency require that you provide a
respondent, in all likelihood only the party chronological list of all the pleadings, orders,
opposing your complaint before the agency and dates of hearings that are to be included
will appear in the appellate court and in the record; (4) does the agency have any
participate in the proceedings. Nevertheless, written instructions for appeals, and, if not,
naming the agency as a respondent and are there rules or regulations published
serving it with a copy of the petition for anywhere that you can look at to determine
administrative review is mandatory, not only what you have to do to ensure that the
because it is required by statute and record is prepared and filed.
Supreme Court Rule, but also because it is
VIII - 2

If the agency does not timely prepare and
file the record within the 35 days, you can
file a motion to extend the time to file the
record (using format similar to Exhibit 15),
even though this was not your responsibility.
Or you can file a motion to extend the time
to file your brief because, if the agency fails
to file the record, the time you have to file
your brief is not automatically extended. See
Section IX, Part F and Exhibit 31 (but
change the caption). Since each appellate
court district has its own practices in this
regard, good practice is to call the clerk of
the particular appellate court and ask what
procedure you should follow in these
circumstances.
You also have to file a docketing

statement in the same manner as in regular
appeals (see Section V), but modifying it to
apply to an administrative review.
Once the agency has prepared and filed

the record, your appeal will proceed as with
any other appeal, and you should look to the
rules described in other portions of this
guide to determine when and how to file your
docketing statement and your briefs.
VIII - 3

IX. PREPARING AND FILING THE B. FORMAT OF THE BRIEF
APPELLANT’S BRIEF
Supreme Court Rule 341 gives very
Almost everything you do in the early specific directions regarding how the
stages of the appeal involves placing before appellant’s brief is to be written, which are
the appellate court the record of what has set out in the following subsections. In order
gone before. The only new pleadings are to simplify, the examples will be based on the
three written briefs: (1) the appellant’s brief; following one-issue, slip-and-fall case:
(2) the appellee’s brief; and (3) the assume John Doe never made it into X
appellant’s reply brief. This section will Hardware to buy that product—he slipped
concentrate on the appellant’s brief. and fell on ice in the parking lot and broke
his arm. He sued X Hardware, and
A. TIME FOR FILING summary judgment was granted in its favor
on the ground that landowners have no duty
The appellant’s brief generally must be to remove natural accumulations of ice or
filed 35 days (five weeks) after the record on snow from their property (which is the
appeal is filed with the appellate court. (If general rule in Illinois). Doe appealed
that day falls on a weekend or court holiday, because his theory was that the ice was not
your brief is due on the very next day that a natural accumulation, but, rather, was
the court is open for business.) Supreme caused when snow, melted by the traffic of X
Court Rule 343(a). In an interlocutory appeal Hardware’s customers, turned to ice and
as of right, the brief is due seven days after then formed into ruts and ridges. The
the Rule 328 Supporting Record is filed. following sections will discuss the format of
Supreme Court Rule 307(c). Please note that Doe’s appellant’s brief which can be found in
briefs in child custody appeals have shorter the Appendix at Exhibit 28.
due dates as well. See Section VII, Part D.
Some districts send written time schedules 1. Technical Matters.
(referred to as “Docketing Order”) with the
exact dates when the three briefs are due. Form of Briefs. The brief must be
Other districts (in particular, the First submitted in black text on white 8 ½ by 11
District, which serves Cook County) do not inch paper and must have page numbers in
send any kind of time schedule, but leave it the bottom margin. The text must be
to the parties to determine when their briefs double-spaced, but headings can be single-
are due. If you want to make sure, you can spaced. Under e-file standards, the first
call the clerk’s office after the record on page of the document should have a 2 inch
appeal is filed and ask when the appellant’s margin on the top. All other margins in the
brief is due. document should be 1 inch on all sides.
http://efile.illinoiscourts.gov/documents/e
If you receive a docketing order from the FileIL_Digital-Media-Standards.pdf. The
court (see Exhibit 27), read it carefully. It font (type size) must be 12 point in the text
contains important information about the and footnotes. Footnotes, which are
court’s particular rules, such as filing a discouraged, may be single-spaced. Lengthy
motion for an extension of time to file your quotations are not favored. Supreme Court
brief at least 14 days before the date the brief Rule 341(a).
is due. This is a fairly common requirement
among the districts of the appellate court, Length of Briefs. In civil cases, the
and you should check with the individual appellant’s brief is limited to 50 pages. You
court to determine if there is a time limit for may file a brief in excess of 50 pages so long
filing a request for an extension to file your as it contains no more than 15,000 words.
brief. Another court might tell you that the Some parts of the brief do not count toward
statements of facts in your brief should be the page and word limitations, including the
limited to 15 pages. Follow any instructions cover, the statement of the points and
very carefully. authorities, the certificates of service and
IX - 1

compliance and the appendix. Supreme Supreme Court Rule 341(h)(3). In the
Court Rule 341(b)(1). product liability appeal discussed in earlier
sections in which the circuit court had
Certificate of Compliance. You must dismissed a strict liability count against X
submit a signed certification that you have Hardware and later granted summary
complied with these rules. A sample judgment in favor of both X Hardware and
certificate of compliance is included in Acme, plaintiff John Doe would have two
Exhibit 28. If you do not submit a certificate issues. In the slip-and-fall case, there would
of compliance, the appellate court may not be only one issue, which might be stated as
allow you to file your brief. Supreme Court shown in the “Issue Presented For Review”
Rule 341(c). in Exhibit 28.
2. Brief Cover. The cover of the 6. Jurisdiction. This section sets forth
appellant’s brief must be white and contain the Supreme Court Rule or other law
the following information: the appellate conferring jurisdiction, the facts of the case
court number; the appellate court district; bringing it within the applicable rule or law,
the name of the case; the circuit court and and the date the order being appealed was
the circuit court case number; the name of entered. In the example, the appeal was
the circuit court judge; the title of the brief; from a final judgment entered on May 9,
and the author’s name, address, and phone 2010, and, thus, the court has jurisdiction
number. Supreme Court Rule 341(d). If you under Supreme Court Rule 301.
are asking for oral argument (which the
court may or may not grant), that request 7. Statement of Facts. In this section,
must appear on the front cover of every copy the appellant sets out, as briefly as possible,
of the brief you file (Supreme Court Rule the facts that are relevant to the issue raised.
352(a)). Supreme Court Rule 341(h)(6). This is not
part of the argument, and the rules
3. Points and Authorities. This serves specifically provide that the facts must be
as a table of contents for the argument stated “accurately and fairly without
section of your brief and includes the argument or comment, and with appropriate
captions of your argument(s), also known as reference to the pages of the record on
the “point” or argument heading, followed by appeal.” Supreme Court Rule 341(e)(6).
a list of the cases and statutes upon which When possible, you should support each
you are relying. The page numbers are listed statement with a citation to the record, using
for each of these. List each “point” or “C” for the common law record, and “C V1”
argument heading, all of the cases cited in for volume 1 of the common law record if
support of that “point,” and the page that record has several volumes. For
numbers. Although it is the first page in example, “C 2-6 V1” means common law
your brief, you do not prepare it until your record, volume 1, pages 2 through 6. That
brief is completed. These pages do not count is the volume number and page numbers
toward the 50-page or 15,000- word limit. where the complaint appears in the common
Supreme Court Rule 341(h)(1). law record. For documentary exhibits, cite
them by who presented the exhibit, the
4. Nature of the Case. This section is a exhibit number, and, if necessary, the page
short statement of what the case is about, number of the exhibit, such as “E 5, pp. 18-
what happened in the circuit court, whether 21.” Supreme Court Standards and
the judgment is based on a jury verdict, and Requirements for Electronic Filing the
whether any question is raised on the Record on Appeal, sec. 4.
pleadings, and, if so, the nature of that
question. Supreme Court Rule 341(h)(2). The requirement that you cite to the
record is important for two reasons: (1) it
5. Issue(s) Presented For Review. In enables the justices to quickly find the
this section, the appellant sets out each relevant evidence; and (2) it forces litigants
issue he intends to argue in the brief. to stick to the record and not cite “facts” that
IX - 2

are not contained anywhere in the record 9. Argument. In this section, you tell
and were never before the circuit court. the appellate court why, applying the law to
Remember—you are claiming that error the facts, the circuit court’s ruling was
occurred in the circuit court, and you cannot wrong. Supreme Court Rule 341(h)(7). This
argue that the judge committed an error if is, of course, the most difficult part for self-
she did not see or hear the evidence you try represented litigants. Nevertheless, the
to bring before the appellate court. appellate rules do apply to everyone, and
they require citations to cases that support
You must also bear in mind that sarcasm your argument as well as citations to the
or biting remarks about the other parties, relevant parts of the record. Supreme Court
their attorneys, or the circuit court judge do Rule 341(h)(7). And you must cite the exact
not belong in a legal document. They are paragraphs or page numbers in the case that
distracting and annoying to the court and, if supports your argument, as well as the exact
offensive, might result in your brief being page in the record where the relevant facts
stricken or sanctions. appear. Supreme Court Rule 6.
Of course, the more issues there are and 10. Conclusion. The conclusion of your
the longer the proceedings, the longer your brief is a short statement of what relief you
statement of facts will be. You should be as want the court to grant. Supreme Court Rule
thorough as possible, but omit facts that 341(h)(8). In John Doe’s case, he is seeking
really have no relevance to your case. For reversal.
example, the deposition filed in opposition to
the motion for summary judgment in John 11. Certificate of Compliance. The
Doe’s case might state that he had gone into attorney or self-represented litigant
the store to buy a wrench, but that’s not an submitting the brief must certify that the
important fact for purposes of this appeal. brief conforms with the form and length
And you are telling a story—so while you requirements of Supreme Court Rule 341(a)
cannot embellish with facts outside the and (b). Proposed language is: I certify that
record, you should put your facts in logical this brief conforms to the requirements of
sequence, regardless of where they appear in Rules 341(a) and (b). The length of this brief,
the record. In John Doe’s case, Doe’s excluding the pages or words contained in
affidavit stating how he fell may have been the Rule 341(d) cover, the Rule 341(h)(1)
filed before the affidavit stating that X statement of points and authorities, the Rule
Hardware owned and maintained the 341(c) certificate of compliance, the
parking lot, but the story has a more logical certificate of service, and those matters to be
flow if you first set out that X Hardware appended to the brief under Rule 342(a), is
owned the parking lot. ___ pages or words. Supreme Court Rule
341(c).
8. Standard of Review. The appellant is
required to include a precise statement of 12. Appendix. At the end of your brief,
the applicable standard of review for each you must attach an appendix which
issue, with citation to authority, either in the includes: (1) a table of contents of the
discussion of the issue in the argument appendix; (2) all circuit court orders you are
section or under a separate heading placed appealing from; (3) any key opinion,
before the argument section. The standard memorandum or findings of fact filed or
of review tells the court how it must judge entered by the trial judge; (4) any pleadings
the issue before it, such as de novo review, or other materials from the record that are
which means the court need not give any the bases of the appeal or are pertinent to it;
deference to the circuit court’s ruling, or (5) your notice of appeal; and (6) a table of
abuse of discretion, which means the court contents of the record on appeal. Supreme
must affirm unless it feels the circuit court Court Rule 342(a). If you are raising issues
acted arbitrarily or capriciously. Supreme with regard to pleadings—for example, if you
Court Rule 341(h)(3). are appealing from an order that dismissed
your complaint with prejudice for failure to
IX - 3

state a cause of action—the complaint If the court requires you to file duplicate
should also be included in the appendix. paper copies of the brief, those paper copies
Check Supreme Court Rule 342 to determine must be bound on the left side, and the
the content for your appendix. binding cannot obscure the text. Supreme
Court Rule 341(e). If you do not have access
The pages of the appendix must be to a binding machine, you can use three
numbered consecutively, beginning with the large staples to bind the brief on the left side.
letter “A” preceding the number of each page.
For example, A-1, A-2, etc. If the As discussed in Section III, Part B, if
appendix would expand the size of the PDF paper filing is allowed and you are filing it by
comprising the combined brief and appendix mail, the brief is considered filed on the date
to greater than 150 megabytes, it may be it is postmarked by the U.S. Postal Service.
filed as a separate PDF and labeled Supreme Court Rule 373. If you use a third-
“Separate Appendix.” A sample Appendix party commercial carrier, such as FedEx or
can be found at Exhibit 29. UPS, the brief is considered filed at the time
you deliver it to the third-party commercial
The table of contents of the record shall carrier provided it is delivered to the court
include a description of each document, within three days. Supreme Court Rule 373.
order, or exhibit (e.g., complaint, judgment
order), the date of filing or date of entry As discussed more fully in Section III,
(where applicable), and the page number in Part B of this guide, each of the other parties
the record on which it starts. With respect to the appeal generally must be served
to the report of proceedings, the table of electronically. Supreme Court Rule 11(c)(1).
contents should show the name of each Electronic service may be accomplished
witness and the pages on which their direct through your e-filing service or, if not, you
examination, cross-examination, and generally must serve the other parties by e-
redirect examination begins. Supreme mail. Self-represented parties may opt out
Court Rule 342(a). An example of the table of electronic service, in which case physical
of contents of the record on appeal can be service or service by mail or third-party
found at Exhibit 29. commercial carriers may be necessary. A
certificate of service must be filed with your
C. FILING AND SERVING THE brief showing proof of service on the other
APPELLANT’S BRIEF parties. A sample notice of filing and
certificate of service can be found as part of
Unless you are self-represented and Exhibits 1B and 30.
incarcerated, your case involves the Juvenile
Court Act, or you have filed a certification D. REFERENCE TO PARTIES
showing good cause to be exempt from e-
filing, you generally must electronically file Parties should be referred to as in the
your brief. Supreme Court Rule 9 governs trial court (e.g., plaintiff and defendant) or by
electronic filing and is discussed in Section I their actual names or descriptive terms (e.g.,
and Section III, Part B, of this guide. “the employee” or “the company”). Supreme
Court Rule 341(f). However, in juvenile,
As of July 2018, all districts of the child protection, and mental health cases,
appellate court (except for the Fourth the juvenile or recipient of mental health
District) also require, in their electronic filing services shall be referred to by first name
procedures or local rules, that you submit and last initial only. If the parents share the
duplicate paper copies of your brief that have child’s last name, they also should be
the court’s electronic file stamp. You should referred to by first name and last initial.
check the court’s electronic filing procedures Supreme Court Rule 341(f).
and local rules to determine whether you
need to submit paper copies of your brief
after you e-file it. Supreme Court Rule
341(e).
IX - 4

E. RESEARCHING THE LAW FOR is the page number where the quotation or
YOUR BRIEF (for self-represented statement occurs, e.g., Hankla v. Burger
litigants) Chef Systems, Inc., 93 Ill. App. 3d 909, 911
(4th Dist. 1981). The pin cite is page number
The books you will need to do research 911. Supreme Court Rule 6.
for your appeal are found in law libraries. All
law schools have such libraries, and you For Illinois cases decided after July 1,
should check to see if they are open to the 2011, you should cite the public-domain
public. Some public libraries have a basic case citation and, where appropriate, the
collection, so that is another place you might paragraph number within the decision. The
look. In Chicago, the Cook County Law decisions can be found on the Illinois
Library, located in the Richard J. Daley Supreme Court’s website at http://www.
Center on the 29th Floor, is open to the illinoiscourts.gov/, under “Quick Links,”
public. “Appellate Court,” click on “Opinions.” The
public-domain case citation includes the
Lawyers spend several years learning the name of the case and the public domain case
law and where to find it, and this guide designator, consisting of the year of the
cannot begin to compress all of that into the decision, the court abbreviation (and
space available. However, here are a few division, if an appellate court) and an
hints that might help you: identifier number derived from the docket
number. The identifier number for Illinois
1. Deciphering Legal Citations. Most of Supreme Court cases is the docket number
what will be relevant to your appeal will be assigned to the case, and the identifier
cases and statutes. Decisions in cases number for appellate court cases is the last
issued by the Illinois Supreme Court and the six digits of the docket number. For
appellate court prior to July 1, 2011, appear example, the citation People v. Jackson,
in two different volumes of books. The 2011 IL 110615 tells you that the case
official versions are the Illinois Reports People v. Jackson was decided in 2011 by
(Supreme Court cases) and the Illinois the Illinois Supreme Court and was assigned
Appellate Reports (appellate court cases). docket number 110615. The citation People
Illinois Reports contains the earlier Supreme v. Quinonez, 2011 IL App (1st) 092333, ¶ 25
Court cases and is abbreviated as “Ill.”; tells you that the case People v. Quinonez
Illinois Reports, Second, contains the more was decided in 2011 by the Illinois Appellate
recent cases and is abbreviated as “Ill. 2d.” Court, First District, that the docket number
Illinois Appellate Reports, which contains was 1-09-2333, and that paragraph 25 is the
the oldest appellate court cases, is cited as location of the material cited or discussed in
“Ill. App.”; Illinois Appellate Reports, Second, the party’s brief.
which contains more recent cases, is
abbreviated as “Ill. App. 2d”; and Illinois There is also a collection of books, called
Appellate Reports, Third, which contains the regional reporters, which contain cases for a
most recent cases, is abbreviated as “Ill. number of states. Illinois cases appear in
App. 3d.” the regional reporter called the Northeast
Reporter. Cases there are identical, word for
The citation includes the case name, the word, with the official reporters and the
volume number, and the page number public domain cases. The Northeast
within the volume. For example, the citation Reporter also has a second series of
Hankla v. Burger Chef Systems, Inc., 93 Ill. volumes; older cases appear in Northeast
App. 3d 909 (4th Dist. 1981), tells you that Reporter, abbreviated as “N.E.,” and more
the case is in Volume 93 of the Illinois recent cases appear in the Northeast
Appellate Reports, Third, starting on page Reporter, Second, abbreviated as “N.E.2d.”
909, and that it was decided in 1981 by the The courts require only that you give the
Illinois Appellate Court, Fourth District. If official (Ill., Ill. App. or public domain) cite.
you quote or cite to a specific part of the The required citation for the Hankla case
case, you must also include the pin cite, that would be: Hankla v. Burger Chef Systems,
IX - 5

Inc., 93 Ill. App. 3d 909 (4th Dist. 1981). For Scholar do not indicate whether or not they
a more detailed explanation of citations, see are still good law. It does let you know if the
Supreme Court Rule 6. case has been cited in other cases. Although
Google Scholar is a useful tool, Google does
Illinois statutes (laws enacted by the not warrant that the information is accurate
legislature) are published in several large or complete.
volumes called Illinois Compiled Statutes
(“ILCS”). That set is republished every other You can also use the free LEXIS/NEXIS®
year, since the legislature frequently amends terminals at the Cook County Law Library
or adds to the statutes. The Supreme Court branches for Lexis research. Lexis is a legal
Rules are also published in those books. A search engine. Call the library branch in
citation to a statute would look like this: 735 advance to see what times and restrictions
ILCS 5/1-101. That translates as: Title 735, apply to using the free Lexis terminal(s). You
Act 5, Section 1-101. can also search the Cook County Law
Library website for information on research
2. Finding the Law. There are two options and branch locations at
publications found in law libraries that are https://www.cookcountyil.gov/agency/law-
very helpful in finding cases relevant to the library.
issue you want to address. One is West’s
Illinois Digest, which is divided and indexed It seems self-represented litigants are
by topic (contracts, product liability, most frequently confronted with dismissals
negligence, pretrial procedure, workers’ and summary judgments. There are several
compensation, etc.). Cases are then places you could look to find cases about
categorized according to topic. To use West’s these two procedures and the grounds for
Illinois Digest, find the volume that includes granting them.
the topic you want to research (say, product
liability) and look through that volume’s Dismissal
index to find the issue you are interested
in—for example, elements of the cause of You might find helpful cases in West’s
action for product liability. The book gives a Smith-Hurd Illinois Compiled Statutes
section number and, listed under that Annotated under 735 ILCS 5/2-615 (dealing
section, a number of Illinois cases that with dismissal for failure to state a cause of
discuss the elements that must be pleaded action) and 5/2-619 (dealing with dismissal
to state a cause of action for strict product on other grounds, such as the statute of
liability in Illinois. limitations). Another helpful source is
West’s Digest, under the topic “Pretrial
West’s Smith-Hurd Illinois Compiled Procedure,” subheading “involuntary
Statutes Annotated collects cases dealing dismissal.”
with Illinois statutes. For example, to find
cases about the statute of limitations for Summary Judgment
product liability actions, telling you how long
you have to file suit, look in the volume that You might find helpful cases in West’s
contains Title 735, Section 5/13-213. Smith-Hurd Illinois Compiled Statutes
There, divided by topics, you will find most Annotated under 735 ILCS 5/2-1005, the
of the cases that have ever been decided statute that deals with summary judgment.
involving that statute. In West’s Illinois Digest, you would look
under the topic “Judgments,” subheading
If you have access to the internet, you “summary proceedings.”
can use the Google search engine to find
cases. Go to http://scholar.google.com and In all of these publications, the author
click the case law button. The case of gives a one-sentence description of what a
Hankla v. Burger Chef Systems, Inc. can be case holds. Once you find a case that looks
found by typing in the citation 93 Ill. App. 3d like it might be relevant to your appeal, go
909. Please note that cases from Google and read the actual case; don’t just rely on
IX - 6

the description. Frequently you will find brief. Give the court honest reasons, and,
that, while the case does contain that chances are, you will get most, if not all, of
statement as a general proposition, the facts the time you requested.
of the case don’t help you at all, and may
even hurt your case. The motion follows the same rules, i.e.,
you also need a notice of filing, a certificate
For many of the general propositions of of service and a proposed order. Unless you
law, you will find 20 or 30 cases cited. For are self-represented and incarcerated, your
example, many cases say “summary case involves the Juvenile Court Act, or you
judgment is a drastic remedy which should have filed a certification showing good cause
not be lightly granted.” You do not need to to be exempt from e-filing, you generally
cite all the cases for that proposition. One must e-file your extension motion. See
or, at most, two will suffice. Citing 100 cases Supreme Court Rule 9, discussed in Section
in your brief will not help you as much as I and Section III, Part B. A sample motion,
citing two or three relevant cases that are with verification (you can also use a
similar to yours. See Supreme Court Rule notarized affidavit), notice of filing, and
341(h)(7). certificate of service and proposed order can
be found at Exhibit 31.
F. EXTENSIONS OF TIME FOR
FILING BRIEFS
Your initial reaction to all of the above

may have been “How can I possibly get all
that done in five weeks?” The short answer
is, start researching as soon as you file your
notice of appeal and use those first nine
weeks profitably. It is not impossible if you
stick to one or two good issues. However, it
is possible to get an extension of time,
provided you ask for it in a timely manner.
Supreme Court Rule 343(c). Check each
district’s local rules. In the First District,
you must file a motion for an extension prior
to the due date of the brief and you must ask
for an extension of at least 14 days. 1st Dist.
Local Rule 4(D). Generally, you would ask
for an additional 35 days. In child custody
cases, motions for extensions of time to file
your brief are disfavored. Supreme Court
Rule 311(a)(7).
Your motion should be short but must

explain why you cannot complete your brief
in the five weeks allowed. The motion must
be supported by an affidavit or a verification.
Supreme Court Rules 343(c), 361(f). It
would be appropriate to tell the court that
you are a self-represented litigant, that you
have no experience in the law, and explain
your work schedule, and the daily amount of
time you can work on your brief. If you or a
family member have been ill or you have
been out of town, that would also constitute
a reason why you could not work on the
IX - 7

X. PREPARING AND FILING THE C. TIME FOR FILING
APPELLEE’S BRIEF
Generally, the appellee’s brief must be
For a self-represented litigant acting as filed 35 days (five weeks) after the appellant’s
his or her own attorney in responding to an brief is filed. Interlocutory appeals as of
appeal, this section will consider what you right have a shorter time period of seven
must do as an appellee to preserve your right days. Supreme Court Rules 307(c), 343(a).
to file a response to the appellant’s brief. Child custody briefs have shorter due dates
as well. See Section VII, Part D. As
A. APPEARING AS APPELLEE discussed in Section IX, Part A above, some
districts send written time schedules with
Shortly after the appellant files the the exact dates when briefs are due. If you
docketing statement in the appellate court, get such an order, read it carefully and follow
you must file your appearance and pay a $30 all the special instructions. As with the
fee as appellee. Supreme Court Rule 313. appellant’s brief, it is possible to obtain an
However, you may petition for a waiver of extension of time for filing the appellee’s
appellate court fees by using the form brief. See Section IX, Part F for the proper
adopted by the Illinois Supreme Court. procedure for filing a motion in the appellate
Supreme Court Rule 313. See Exhibit 19. court requesting an extension of time.
A simple appearance form is shown at D. FORMAT OF THE BRIEF

Exhibit 32. If the district you are in does not
have a pre-printed form, type your own The only sections that the appellee’s brief
using the sample as a guide. Check with the must include are the “Points and
appellate court clerk’s office for appearance Authorities,” the argument, a conclusion
requirements. setting forth the relief that the court should
grant, namely, affirming the circuit court,
B. CHECKING THE RECORD FOR and the Rule 341(c) certificate of compliance.
COMPLETENESS Supreme Court Rules 341(i). Otherwise, the
appellee may rely on the appellant’s brief to
When the clerk of the circuit court files inform the court of the nature of the case,
the record with the reviewing court, it will the basis for jurisdiction, the issues
notify you by e-mail (or by mail if you are presented for review, the standard of review,
exempt from e-filing requirements and you and the statement of facts. Usually,
have not consented to service by e-mail) that however, the appellee will want to state those
the record has been filed. You may then in accordance with his point of view and will
access the record in one of two ways: either want to state additional facts that may have
(1) access the record on the re:SearchIL been omitted by the appellant. For this
website, or (2) the appellate clerk will e-mail reason, this section will describe an
you a link to download the record. appellee’s brief in detail. A sample appellee’s
brief can be found at Exhibit 33.
Once you have the record, immediately
check through it to see that it contains all 1. Technical Matters. The technical
the important pleadings and exhibits. If requirements for the appellee’s brief are
anything is missing, you may need to file a identical to those for an appellant’s brief, so
supplemental record. Supreme Court Rule you should read Section IX, Part B above.
329. See Section VI, Part E above regarding
supplementing the record on appeal. 2. The Cover. The cover of the
appellee’s brief must be light blue, both
when submitted electronically and when
printed. The cover also must contain the
same information as on the appellant’s brief
cover—the difference being, of course, that
you would title yours “Brief and Argument of
X-1

Defendant-Appellee” (or “Plaintiff-Appellee,” 9. Argument. The appellee’s brief must
depending on your position in the circuit contain this section to tell the appellate
court). Supreme Court Rule 341(d). If you court why, legally, the circuit court’s ruling
want the court to grant oral argument (which was correct and should be affirmed. Where
it may or may not do), you must request it at to find that law was discussed above (see
the bottom of the cover, just as the appellant Section IX, Part E) and would apply equally
does. If the appellant has not requested oral to the appellee. In John Doe’s case, the
argument, you may still do so. defendant store owner could have discovered
a number of favorable cases and written the
3. Points and Authorities. This is argument in Exhibit 33. Supreme Court
prepared in the same manner as the points Rule 341(h)(7).
and authorities for an appellant’s brief. See
Section IX, Part B. You would give a brief 10. Conclusion. The appellee’s brief
one-sentence statement of your argument would also contain a conclusion, similar to
and list all of the cases or statutes you have that in the appellant’s brief (see Section IX,
cited in support of your argument. Supreme Part B), but asking the appellate court to
Court Rule 341(h)(1). affirm the ruling of the circuit court.
Supreme Court Rule 341(h)(8).
4. Nature of the Case. This section is
optional. However, an appellee might want 11. Certificate of Compliance. The
to phrase it in a manner more favorable to attorney or self-represented litigant
his position. See Exhibit 33 to see how the submitting the brief must certify that the
appellee in our John Doe slip-and-fall case brief conforms with the form and length
might state it. Supreme Court Rule requirements of Supreme Court Rule 341(a)
341(h)(2). and (b). See Section IX, Part B and Exhibit
33.
5. Jurisdiction. There is no need to
include this in the appellee’s brief unless the E. FILING AND SERVICE OF
appellant’s brief is inaccurate. Supreme APPELLEE’S BRIEF
Court Rule 341(h)(4)(ii).
The method for filing and serving, and
6. Statement of the Issues. This the number of copies required, is identical to
section, too, is optional. See Exhibit 33 to that of an appellant: unless you are self-
see how the appellee in John Doe’s case represented and incarcerated, your case
phrased the issue in a manner favorable to involves the Juvenile Court Act, or you have
it. Supreme Court Rule 341(h)(3). shown good cause by certification to be
exempt from the e-filing requirements, you
7. Statement of Facts. This section, too, generally must electronically file your brief.
may be omitted if the appellant’s statement Supreme Court Rule 9 governs electronic
is accurate and complete. It was not filing and is discussed in Section I and
accurate and complete in John Doe’s case, Section III, Part B, of this guide. Except for
so X Hardware included its own statement of the Fourth District, all districts of the
facts in the appellee’s brief. See Exhibit 33. appellate court also require, in their
Supreme Court Rule 341(h)(6). electronic filing procedures or local rules,
that you submit duplicate paper copies of
8. Standard of Review. This section your brief that have the court’s electronic file
describes the applicable standard of review stamp. You should check the court’s
for each issue, with citation to authority. It electronic filing procedures and local rules to
can be located either in the discussion of the determine whether you need to submit paper
issue in the argument or under a separate copies of your brief after you e-file it.
heading placed before the discussion in the Supreme Court Rule 341(e).
argument. See Supreme Court Rule
341(h)(3). If the court requires you to file duplicate
paper copies of the brief, those paper copies
X-2

must be bound on the left side and the
binding cannot obscure the text. Supreme
Court Rule 341(e). If you do not have access
to a binding machine, you can use three
large staples to bind the brief on the left side.
You also must serve your brief on the

other parties. See Section III, Part B, of this
guide for a discussion on service.
X-3

XI. PREPARING AND FILING C. FILING AND SERVICE OF THE
APPELLANT’S REPLY BRIEF REPLY BRIEF
The appellant is entitled to file a reply The method for filing and serving and the
brief responding to the arguments made by number of copies required is identical to that
the appellee. Supreme Court Rule 341(j). for an appellant’s or appellee’s brief: it
generally must be filed electronically, unless
A. TIME FOR FILING you are self-represented and incarcerated,
your case involves the Juvenile Court Act, or
Generally, the appellant’s reply brief you have filed a certification showing good
must be filed within 14 days after the cause to be exempt from e-filing. Supreme
appellee’s brief is filed, unless a request for Court Rule 9 governs electronic filing and is
an extension of time is made and granted. discussed in Section I and Section III, Part
Supreme Court Rule 343(a). A reply brief for B, of this guide. Except for the Fourth
an interlocutory appeal is due seven days District, all districts of the appellate court
after the appellee’s brief is filed. Supreme also require, in their electronic filing
Court Rule 307(c). Child custody reply briefs procedures or local rules, that you submit
have shorter due dates. See Section VII, Part duplicate paper copies of your brief that have
D. the court’s electronic file stamp. You should
check the court’s electronic filing procedures
B. FORMAT OF THE REPLY BRIEF and local rules to determine whether you
need to submit paper copies of your brief
The reply brief is intended solely to give after you e-file it. Supreme Court Rule
the appellant an opportunity to respond to 341(e).
arguments made by the appellee. You may
not raise new matters not contained in your If paper filing is allowed and you are
appellant’s brief, and you should not re-argue mailing the brief to the court to file it, it is
what you have already said in that brief. considered filed on the postmarked date by
Supreme Court Rule 341(h)(7). Accordingly, the U.S. Postal Service. If you are using a
the brief is limited to 20 pages. Supreme third-party commercial carrier (for example,
Court Rule 341(b)(1). You may file a reply FedEx or UPS), the brief is considered filed
brief in excess of 20 pages so long as it on the date of delivery to that carrier, so long
contains no more than 6,000 words. Some as delivery is to occur within three business
parts of the brief do not count toward the days.
page and word limitations, including the
cover and the certificates of service and You also must serve the other parties
compliance. with a copy of your reply brief. See the
discussion in Section III, Part B of this guide
The same technical rules discussed in on service.
Section IX, Part B apply. Your cover must
be light yellow, both in the electronic and A certificate of service must be filed with
printed versions. Supreme Court Rule your brief showing proof of service on the
341(d). It also must be identical to the other parties. A sample notice of filing and
appellant’s brief cover (including any request certificate of service can be found as part of
for oral argument), but would be titled “Reply Exhibits 1B and 30.
Brief of Plaintiff-Appellant” (or “Defendant-
Appellant”).
Because this is a reply, the only section

required is the “Argument” (in which you
respond to the appellee’s arguments) and the
certificate of compliance. Supreme Court
Rule 341(c), (j). A sample reply brief can be
found at Exhibit 34.
XI - 1

XII. ORAL ARGUMENT quietly and listen, perhaps making notes of
specific points you want to respond to when
Oral argument will likely not be granted you are given an opportunity for a brief
unless requested on the cover of the rebuttal argument.
appellant’s or appellee’s brief. See Section
IX, Part B and Section X, Part D. As Unless the court orders otherwise, each
discussed in Section I, oral argument also party is allowed up to 20 minutes and the
has been rare when one of the parties is self- appellant is allowed up to 10 additional
represented. Oral argument is difficult to minutes to rebut the appellee’s argument.
describe because there is no set format for Supreme Court Rule 352(b). Check the local
the argument, and the amount of time each rules of each district to see whether they
argument takes can depend on how the have shorter time allotments.
court reacts to the arguments and what
questions are asked. Accordingly, this B. THE CONTENT OF YOUR
section can only give you very generalized ARGUMENT
suggestions about conducting an oral
argument should the appellate court grant You should assume that the justices
your request for argument, a matter solely have read your briefs. If there is a small
within the discretion of the appellate court. group of facts particularly important to the
If the appellate court does grant oral case, summarize them briefly and continue
argument, a notice of the date and time of with your argument. You will not have time
the argument is sent to the parties. to cover more than two or three important
points, so if you have raised many issues in
A. COURTROOM DEMEANOR your brief, carefully consider which ones are
your best points and argue those to the
When you come forward to present your court. You might mention at the end of your
argument, there will be a podium for you to argument that you will “stand on your brief”
stand at, with space to put your notes. In with regard to any points not orally argued.
front of you will be a microphone and, Simply rehashing your brief for the court will
beyond that, the bench where the three not be very helpful—if that is all the court
justices will sit. The microphone is to record wanted, it would not have scheduled oral
the argument should the court want to refer argument; it would have simply relied on
to it later while considering the case. The your brief. Also, reading from your brief or
argument also is made available on the the record at length is prohibited. Supreme
website at http://www.illinoiscourts. Court Rule 352(c).
gov/Media/Appellate/default.asp. The
microphone does not amplify your voice for It is usually a big mistake to write out or
the justices, however, so you must speak memorize a speech. The justices may ask
clearly and distinctly. When people are questions and you do not want to waste time
nervous, they tend to speak very rapidly. hunting through your written argument
You should try to keep that in mind and trying to find your place. It is helpful to use
speak more slowly. Look up at the justices an outline of the points you want to make—
while you are making your argument and most attorneys do—and include any record
speak directly to them. or case citations you want to bring to the
court’s attention.
After the appellant has finished its initial
argument, the appellee will have an When the justices ask questions, they
opportunity to speak. There will be a table want a simple, direct answer immediately.
off to the side where you can sit and listen Do not put the justices off by saying, “I’m
when your opponent is arguing. Making getting to that,” or “I’ll address that problem
faces, shaking your head, sighing or later.” If you cannot answer the question,
engaging in other distracting behavior while say so. If you do not understand the
your opponent is speaking will not impress question, tell the justice you do not
the justices and is likely to annoy them. Sit
XII - 1

understand. He or she will usually rephrase
it or explain what is wanted.
Do not exceed your allotted time. If you

need a moment to conclude, ask the court
for permission to do so and be very concise
with your conclusion. If you have finished
everything you wanted to say within that
time, and the justices have no questions, sit
down. Do not feel compelled to keep talking
just because there is more time available.
If you have time left to reply to your

opponent’s arguments, use it only to reply to
specific points made by the other side. There
is no point in going over your basic
arguments again. While the other side is
speaking, make a note of what you want to
reply to and devote only two or three
sentences to each of those points. The most
effective rebuttal lasts no longer three or four
minutes.
When you have finished with all of your

arguments, ask the justices if they have any
questions for you. If there are none, thank
the court and leave the podium.
XII - 2

XIII. AFTER THE APPELLATE COURT pages (or 3,000 words). Supreme Court Rule
ISSUES AN OPINION 367(d).
Once all the briefs have been filed and B. PETITION FOR LEAVE TO APPEAL
oral argument, if any, has been held, the
justices of the appellate court will issue a If you decide you do not want to file a
written opinion or order within a few petition for rehearing in the appellate court
months. If their decision is against you, but would like to ask for leave to appeal to
your only recourse is to file a petition for the Illinois Supreme Court, then you must
rehearing (Supreme Court Rule 367) or file a file a petition for leave to appeal in the
petition for leave to appeal to the Illinois Illinois Supreme Court (and a $50 filing fee)
Supreme Court (Supreme Court Rule 315). within 35 days after the appellate court files
This Section will focus on those pleadings. its opinion or order in your case. Supreme
Court Rule 315(b). You may petition for a
A. PETITION FOR REHEARING waiver of fees by using the form adopted by
the Illinois Supreme Court. See Exhibit 20.
If the appellate court has decided against
you and you believe the court overlooked If you filed a petition for rehearing and it
some important fact or misunderstood the is denied, you may also petition for leave to
facts or the law, you may file a petition for appeal to the Illinois Supreme Court.* In
rehearing within 21 days after the court’s that case, your petition for leave to appeal is
opinion or order was filed. Supreme Court due (along with the $50 filing fee) within 35
Rule 367. days after the appellate court denied your
petition for rehearing. Supreme Court Rule
The petition is limited to 27 pages or 315(b).
8,100 words, but you often should be able to
briefly state your point in fewer than 10 There is one exception to the 35-day time
pages. It should contain a statement of your limit – if the appellate court issued a Rule 23
points and authorities. All of the technical order rather than an opinion, any party can
requirements are the same as for any other file a motion within 21 days of the Rule 23
brief (see Section IX, Part B above), including order asking the appellate court to publish
the certificate of compliance. Your cover the order as an opinion. Supreme Court
must be light green, in both electronic and Rule 23(f). If such a motion has been timely
printed form, and it must contain the same filed and denied, then the parties have 35
information as the cover for other briefs, days from the day of the entry of the order
except it would be titled “Petition for denying the motion to file a petition for leave
Rehearing.” Supreme Court Rule 341(d). Do to appeal. If such a motion has been timely
not include a request for oral argument filed and granted, then the parties have 35
because re-argument is only permitted if the days after the filing of the opinion to file a
appellate court decides that it is necessary petition for leave to appeal. Supreme Court
and not upon request of the parties. You will Rule 315(b)(2).
need a notice of filing and certificate of
service. 1. Format of the Petition. There
generally is no absolute right to appeal to the
The prevailing party may not file a Illinois Supreme Court, and very few cases
response unless the appellate court issues are accepted for review by the court. That
an order requesting one. If one is requested court, in most cases, has discretion in
by the court, it cannot exceed 27 pages (or deciding what it will hear on appeal, and
8,100 words) and the reply cannot exceed 10 your petition must convince the court that
your case is one that it should hear, either
*
There are other rules that allow for review by the Illinois Supreme Court, but discretionary review pursuant
to Supreme Court Rule 315 is the most common. See, for example, Supreme Court Rules 20, 302, 316,
317.
XIII - 1

because it involves a question of general c. Prayer for Leave to Appeal. Your
importance in this State, the appellate petition should begin with a short request for
court’s decision is in conflict with a decision leave to appeal. See Exhibit 35.
of the Supreme Court, or there is a conflict
among the different districts of the appellate d. Statement of Date Upon Which
court. Supreme Court Rule 315(a). Judgment Was Entered. You must advise
the court of the date of the appellate court
If you are appealing from a decision opinion or order, whether a petition for
involving review of an Illinois Workers’ rehearing was filed and, if so, when it was
Compensation Commission order, the filed and when it was denied.
Supreme Court further requires that at least
two justices of the five-member appellate e. Points Relied Upon for Review.
court panel issue a statement that the case This section would tell the Supreme Court
involves a substantial question that why it should grant leave to appeal. See
warrants consideration by the Supreme Exhibit 35.
Court. Supreme Court Rule 315(a).
Moreover, any such request must be made f. Remainder of the Petition. The
to the appellate court within the time to file rest of your petition should resemble your
the petition for rehearing; it cannot be filed appellate brief in that it would have a
after the denial of rehearing. statement of facts, a short argument stating
why review is warranted and why the
a. Technical Matters. Follow the appellate court should be reversed, a
same technical procedures as for all other conclusion asking the court to grant leave to
briefs. Supreme Court Rule 315(d). See appeal, and the certificate of compliance.
Section IX, Part B. In addition, you must
attach, as an appendix to your petition, a 2. Filing and Service of the Petition.
copy of the opinion or order issued by the Unless you are self-represented and
appellate court. See Exhibit 29. Supreme incarcerated, your case involves the Juvenile
Court Rule 315(c). The petition cannot Court Act, or you have filed a certification
exceed 20 pages or 6,000 words in length, showing good cause to be exempted from e-
excluding the appendix. See Exhibit 35 for filing, you generally must electronically file
a sample petition. your petition. Supreme Court Rule 9
governs electronic filing and is discussed in
b. The Cover. The cover of a petition Section I and Section III, Part B, of this
is white and should contain the same guide. Once the Supreme Court accepts
information that appears in the sample your petition, you must provide the clerk in
petition at Exhibit 35. See Supreme Court Springfield with 13 paper copies of the e-filed
Rule 341(d). The party seeking leave is document that bears the clerk’s electronic
called the “Petitioner,” and the party who file stamp. The clerk should receive these
prevailed is called the “Respondent.” paper copies within five days of acceptance
of your petition. See the Supreme Court’s
A petition filed in a child custody case and Electronic Filing Procedures and User
any notice, motion, or pleading related thereto Manual at http://www.illinoiscourts.gov/
shall include the following statement in bold EBusiness/Sup_Ct_Efiling/SCt_efiling_
type at the top of the front page: user_manual.pdf.
THIS APPEAL INVOLVES A MATTER Your petition also should include a proof
SUBJECT TO EXPEDITED of service. As discussed more fully in
DISPOSITION UNDER RULE 311(a). Section III, Part B of this guide, each of the
other parties generally must be served
Supreme Court Rule 315(i). electronically. Supreme Court Rule 11(c)(1).
Electronic service may be accomplished
through your e-filing service or, if not, you
generally must serve the other parties by e-
XIII - 2

mail. Self-represented parties may opt out for delinquent minor cases. If you are
of electronic service, in which case personal participating in such a case and the Supreme
service, service by mail, or service by a third- Court has granted a petition for leave to
party commercial carrier may be necessary. appeal in that case, you should carefully
A sample notice of filing and certificate of review Supreme Court Rule 315(i) for child
service can be found at Exhibits 1A and 1B. custody cases or Supreme Court Rule 315(j)
for delinquent minor cases and follow that
You must pay a $50 filing fee or petition rule. See Section XII, Part F. For all other
for a waiver of fees by using the form adopted cases, the following requirements apply.
by the Illinois Supreme Court. See Exhibit
20. Payment is made electronically through a. Notice of Election. Once a
your e-filing vendor. petition for leave to appeal is granted, the
titles of the parties change from “petitioner”
3. Responding to the Petition. If a and “respondent” to “appellant” and
petition for leave to appeal is filed, the party “appellee.” Within 14 days after the petition
who prevailed in the appellate court may file is allowed, the party that sought review (the
an answer to the petition, which is due 21 appellant) must file with the Supreme Court,
days after the petition for leave to appeal is and serve on opposing parties, a notice of
filed. Supreme Court Rule 315(f). The election stating whether he or she elects to
answer is limited to 20 pages in length or allow the petition for leave to appeal to stand
6,000 words. It should consist of a short as the appellant’s brief or whether he or she
argument telling the Supreme Court why the will file an appellant’s brief in lieu of or
issues involved do not merit review. The supplemental to the petition. Supreme
cover of the answer should be light blue. The Court Rule 315(h). A sample notice of
answer is subject to the same electronic election can be found at Exhibit 37.
filing and service requirements as the
petition, and 13 paper copies of the e-filed b. Standing on the Petition as the
answer also should be provided to the Appellant’s Brief. If you elect to allow the
Springfield clerk within five days of petition for leave to appeal to stand as your
acceptance of the answer. The party filing appellant’s brief, you must file, with the
an answer must pay a $30 filing fee. notice of election, a complete table of
However, the party may petition for a waiver contents (with page references) of the record
of fees by using the form adopted by the on appeal and a statement of the applicable
Illinois Supreme Court. See Exhibit 20. standard for review for each issue, with
citation to authority, in accordance with
4. If the Petition is Granted. The Supreme Court Rule 341(h)(3). This is
Supreme Court will enter an order granting similar to what is required in the appellant’s
or denying the petition for leave to appeal. In brief filed in the appellate court. See Section
most cases, the order will be entered during IX, Part B. Once the clerk e-files the
the first full week after the court’s term ends statement of the applicable standard of
(terms begin the second Monday in review, you must provide the clerk in
September, November, January, March and Springfield with 13 paper copies of the e-filed
May). If the Supreme Court grants leave to document that bears the clerk’s electronic
appeal, the record that was before the file stamp, and the clerk should receive these
appellate court will automatically be copies within 5 days of the e-filing of your
transmitted to the Supreme Court. Supreme document. To request oral argument, you
Court Rule 315(e). The parties will be must file that request, with proof of service
permitted to file additional pleadings in the on opposing parties. Supreme Court Rule
Supreme Court, and the time schedule for 352(a).
filing them begins to run from the date on
which the petition is granted. The responding party (the “appellee”)
must then decide if it wants to stand on its
There are different, shorter time answer or if it wants to file an appellee’s
requirements for child custody cases and brief. The responding party’s notice of
XIII - 3

election to stand on its answer or to file an noted, the responding party also may
appellee’s brief must be filed with the request cross-relief in its brief. Supreme
Supreme Court within 14 days after the due Court Rule 315(h).
date for the appealing party’s notice of
election if that party elects to stand on its d. Reply Brief. As with an appeal to
petition. If the responding party elects to the appellate court, if the appellee files a
stand on its answer and requests oral brief, the appellant may file a reply within 14
argument, it must send to the clerk and days of the due date of the appellee’s brief.
opposing parties a notice requesting oral Supreme Court Rule 315(h). The format for
argument. Supreme Court Rule 352(a). If a reply brief is discussed in Section XI. If the
the responding party decides to file an appellee requested cross-relief, the
appellee’s brief, that brief is due 35 days appellant’s arguments in opposition to the
from the date that the appealing party’s request for cross-relief should be included in
notice of election is due. Supreme Court its reply brief.
Rule 315(h). The appellee’s brief would
follow the format discussed in Section X. If the appellant’s reply brief contains
arguments in opposition to the appellee’s
The responding party may request cross- request for cross-relief, then the appellee
relief. For instance, the appellate court may file a further reply brief that is confined
might have decided an issue against the strictly to those arguments. This reply brief
responding party, which the responding is due within 14 days of the due date for the
party would like the Supreme Court to appellant’s reply brief. Supreme Court Rule
review in addition to the points that the 315(h).
appealing party has raised. In that case, the
cover of the responding party’s brief should The time for filing a brief in the Supreme
be captioned: “Brief of Appellee. Cross- Court may be extended by an order. The
Relief Requested.” The same length manner for requesting an extension is the
limitations would apply. Supreme Court same as was discussed in Section IX, Part F,
Rule 315(h). except the motion would be filed in the
Supreme Court and would contain the
c. If an Appellant’s Brief is Filed. If caption that appears in Exhibit 35 and the
the appealing party elects to file an body of the motion would be similar to that
appellant’s brief, it is due 35 days (five in Exhibit 31. The procedures for filing
weeks) after the date of the order granting motions in the Supreme Court are explained
the petition for leave to appeal. Supreme in detail in Supreme Court Rule 361 and
Court Rule 315(h). Follow the same format should be consulted.
for the appellant’s briefs discussed in
Section IX.
The responding party has 14 days from

the due date of the appellant’s brief to file its
notice of election as to whether it intends to
stand on its answer to the petition as its brief
or whether it intends to file an appellee’s
brief. The notice would be similar to the
notice of election at Exhibit 37. If the
responding party requests oral argument, it
must file that request with proof of service
on opposing parties. Supreme Court Rule
352(a). If an appellee’s brief will be filed, it
is due within 35 days (five weeks) after the
appellant’s brief is due. It would follow the
format for appellee’s briefs filed in the
appellate court, discussed in Section X. As
XIII - 4

APPENDIX
Clerks’ Offices – Illinois Supreme Court and Appellate Court ................................................ A-1
Timelines
Appeals from Final Judgments or Orders.................................................................. A-2
Interlocutory Appeals By Permission (Except for Child Custody Cases) (Rule 306) ..... A-3
Interlocutory Appeals By Permission (Rule 308) ........................................................ A-4
Interlocutory Appeals As Of Right (Rule 307(a)) ......................................................... A-5
Interlocutory Appeals As Of Right – Temporary Restraining Orders (Rule 307(d)) ....... A-6
Appeals From Final Child Custody Or Allocations Of Parental Rights Judgments Or

Modifications Of Judgments (Rules 301, 304(b)(6) and 311(a)) ............................. A-7
Interlocutory Appeals Affecting The Care And Custody Of An Unemancipated Minor

(Rules 306(a)(5), 306(b), and 311(a)) .................................................................... A-8
Interlocutory Appeals As Of Right Under The Adoption Act (Rule 307(a)(6)) ................ A-9
Petitions For Leave To Appeal – Illinois Supreme Court (Rule 315)........................... A-10
Exhibit No. Sample Document
1A Notice of Filing Examples
1B Certificate of Service Examples
2 Notice of Appeal
3 Motion for Leave to File Late Notice of Appeal
4 Affidavit and Certification Examples
5 [Reserved]
6 Draft Order
7 Petition for Leave to Appeal and Supporting Legal Memorandum Pursuant

to Supreme Court Rule 306
8 Docketing Statement
9 Notice of Change of Address
10 Letter to Court Reporter
11 [Reserved]
12 Notice of Motion

13 Motion to Certify Report of Proceedings
14 Stipulation
15 Motion to Extend Time to File Transcript of Proceedings with Affidavit
16 Agreed Statement of Facts
17 Request for Preparation of Record on Appeal – First District
18 Letter to Circuit Court to Prepare Record on Appeal
19 Application for Waiver of Court Fees (Appellate Court)
20 Application for Waiver of Court Fees (Supreme Court)
21 Stipulation for Preparation of Supplemental Record
22 Request to Prepare Supplemental Record – First District
23 Motion for Leave to File Supplemental Record Instanter
24 Affidavit Regarding Preparation of Supporting Record Pursuant to Supreme

Court Rule 328
25 Petition for Administrative Review of an Order of the Illinois Human Rights

Commission Docket No. ______________
26 Notice of Filing of Petition for Administrative Review
27 Docketing Order – Second District
28 Appellant’s Brief
29 Appendix to Appellant’s Brief
30 Notice of Filing of Appellant’s Brief
31 Motion to Extend Time for Filing Brief, Certification, and Proposed Order
32 Appellee’s Appearance Form
33 Appellee’s Brief
34 Appellant’s Reply Brief
35 Petition for Leave to Appeal
36 [Reserved]
37 Notice of Election

Clerks’ Offices
The Supreme Court of Illinois
Supreme Court Building

200 East Capitol
Springfield, IL 62701
(217) 782-2035
Michael A. Bilandic Building

160 North LaSalle Street
20th Floor
Chicago, IL 60601
(312) 793-1332
The Appellate Court of Illinois
First District Fourth District

160 North LaSalle Street 201 West Monroe Street
14th Floor P.O. Box 19206
Chicago, IL 60601 Springfield, IL 62794-9206
(312) 793-5484 (217) 782-2586
Second District Fifth District

Appellate Court Building 14th & Main Streets
55 Symphony Way P.O. Box 867
Elgin, IL 60120 Mt. Vernon, IL 62864
(847) 695-3750 (618) 242-3120
Third District
1004 Columbus Street
Ottawa, IL 61350
(815) 434-5050
A-1
TIMELINE1
Appeals from Final Judgments or Orders

(Supreme Court Rules 301, 303 and 304)
Document to be Filed Due Date
Notice of Appeal (filed in circuit court) Within 30 days from date final judgment is
entered or, if post-judgment motion filed, 30
days after entry of order disposing of last
pending post-judgment motion
Notice of Filing of Notice of Appeal (filed in Within seven days after filing Notice of
appellate court) Appeal in circuit court
Docketing Statement (filed in appellate court) Within 14 days after filing Notice of Appeal
Request for Report of Proceedings (filed in Within 14 days after filing Notice of Appeal
circuit court)
Report of Proceedings (filed by circuit clerk) Within 49 days after filing Notice of Appeal
Record (filed by circuit clerk) Within 63 days after filing Notice of Appeal
Appellant’s Brief (filed in appellate court) Within 35 days after filing Record
Appellee’s Brief (filed in appellate court) Within 35 days after due date of Appellant’s
Brief
Reply Brief (filed in appellate court) Within 14 days after due date of Appellee’s
Brief
1Note – The due dates are set forth in the Supreme Court Rules, which are amended from time to time.
Always consult the current version of the Rules which can be found at the Court’s website at
http://www.illinoiscourts.gov/SupremeCourt/Rules/.
A-2
TIMELINE1
Interlocutory Appeals By Permission (Except For Child Custody Cases)

(Supreme Court Rule 306)
Document to be Filed2 Due Date
Petition for Leave to Appeal (PLA) Within 30 days of entry of circuit court order
Docketing Statement Due at time PLA is filed
Supporting Record Due at time PLA is filed
Answer and Supplementary Supporting Within 21 days of the filing of PLA

Record (if any)
If Leave Allowed
Additional Record (if any) Within 35 days of order granting leave
Appellant’s Brief or notification of election to Within 35 days of order granting leave

allow PLA to stand as brief
Appellee’s Brief or notification of election to Within 35 days of due date of Appellant’s

allow Answer to stand as brief Brief or election
Reply Brief Within 14 days of due date of Appellee’s Brief

or election
2 All referenced filings are in the appellate court.
A-3
TIMELINE1
Interlocutory Appeals By Permission

Application for Leave to Appeal Within 30 days of entry of order in the trial
court or the making of the prescribed
statement by the trial court, whichever is
later
Docketing Statement Due at time Rule 308 application is filed
Supporting Record Due at time Rule 308 application is filed
Answer in Opposition and Supplementary Within 21 days of the due date of the
Supporting Record (if any) application
If Leave Allowed
Complete Record (if requested by party or Within 35 days of order granting leave
ordered by the court)
Appellant’s Brief Within 35 days of order granting leave
Appellee’s Brief Within 35 days of due date of Appellant’s

Brief
Reply Brief Within 14 days of due date of Appellee’s Brief
A-4
TIMELINE1
Interlocutory Appeals As Of Right

(Supreme Court Rule 307(a))
Notice of Interlocutory Appeal (filed in circuit Within 30 days of entry of interlocutory order
court)2
Notice of Filing Notice of Interlocutory Appeal Within seven days after filing Notice of
(filed in appellate court) Interlocutory Appeal in circuit court
Docketing Statement (filed in appellate court) Within seven days after filing Notice of
Interlocutory Appeal
Supporting Record (filed in appellate court) Within 30 days of entry of interlocutory order
Appellant’s Brief (filed in appellate court) Within seven days of filing of Supporting
Record
Appellee’s Brief and optional supplemental Within seven days of filing of Appellant’s
Supporting Record (filed in appellate court) Brief
Reply Brief (filed in appellate court) Within seven days of filing of Appellee’s Brief
2 There are special rules if the interlocutory order is entered ex parte. See Supreme Court Rule 307(b).
A-5
TIMELINE1
Interlocutory Appeals As Of Right – Temporary Restraining Orders

(Supreme Court Rule 307(d))
Petition and supporting legal memorandum Within two days of entry or denial of order
(if any) (filed in appellate court) from which review is being sought
Notice of Interlocutory Appeal (filed in circuit Within two days of entry or denial of order
court) from which review is being sought
Docketing Statement (filed in appellate court) Due at time of filing Petition and Notice of
Supporting Record (filed in appellate court) Due at time of filing Petition and Notice of
Respondent’s Memorandum (filed in Within two days of filing of Petition, any legal
appellate court) memorandum and Supporting Record
Decision Within five days after filing of Respondent’s

Memorandum
A-6
TIMELINE1
Appeals From Final Child Custody Or Allocation Of Parental Rights Judgments Or

Modifications Of Judgments
(Supreme Court Rules 301, 304(b)(6) and 311(a))
Notice of Appeal (filed in circuit court) Within 30 days from date final judgment or
modification of judgment is entered or if
post-judgment motion filed, 30 days after
entry of order disposing of last pending post-
judgment motion
Notice of Filing of Notice of Appeal (filed in Within seven days after filing Notice of
the appellate court) Appeal in circuit court
Docketing Statement (filed in the appellate Within 14 days after filing Notice of Appeal
court)
Record including the report of the Within 35 days after filing Notice of Appeal
proceedings (filed in the appellate court)
Appellant Brief (filed in the appellate court) Within 21 days after filing Record
Appellee Brief (filed in the appellate court) Within 21 days after due date of Appellant
Brief
Reply Brief (filed in the appellate court) Within seven days after due date of Appellee
Brief
1
Note – The due dates are set forth in the Supreme Court Rules, which are amended from time to time.
A-7
TIMELINE1
Interlocutory Appeals Affecting The Care And Custody Of An Unemancipated Minor

(Supreme Court Rules 306(a)(5), 306(b), and 311(a))
Petition for Leave to Appeal (PLA) and Legal Within 14 days of the entry of the
Memorandum (if any) interlocutory order
Docketing Statement Due at time PLA and Legal Memorandum

filed
Supporting Record Due at time PLA and Legal Memorandum

filed
Answer or Responding Memorandum
Within five business days of the filing of the
PLA3
If Appeal Allowed
Additional Record Within 35 days of order allowing PLA
Appellant’s Brief or notification of election to Within 21 days of filing Record

allow PLA to stand as brief
Appellee’s Brief or notification of election to Within 21 days of filing of Appellant’s Brief or

allow Answer to stand as brief election
Appellant’s Reply brief Within seven days of appellee’s brief
3 A business day excludes weekends and court holidays.
A-8
TIMELINE1
Interlocutory Appeals As Of Right Under The Adoption Act

(Supreme Court Rule 307(a)(6))
Notice of Interlocutory Appeal (filed in circuit Within 30 days of entry of interlocutory order
court)
Notice of Filing Notice of Interlocutory Appeal Within seven days after filing Notice of
(filed in appellate court) Interlocutory Appeal in circuit court
Docketing Statement (filed in appellate court) Within seven days after filing Notice of
Record (filed in appellate court) Within 30 days of entry of interlocutory order
Appellant’s Brief (filed in appellate court) Within seven days of filing Record
Appellee’s Brief (filed in appellate court) Within seven days of filing of Appellant’s
Brief
Reply Brief (filed in appellate court) Within seven days of filing of Appellee’s Brief
A-9
TIMELINE1
Petitions For Leave To Appeal Illinois Supreme Court

Petition for Leave to Appeal (PLA) 2 Within 35 days after entry of judgment by
appellate court; or if timely petition for
rehearing is filed in appellate court, within
35 days of order denying petition for
rehearing; or if petition for rehearing is
granted, within 35 days of entry of judgment
on rehearing
Answer (not mandatory) Within 21 days after expiration of time for

filing PLA
If Petition Allowed
Document to be Filed Due Date3
Within 14 days of date PLA allowed
Within 14 days of
elects to allow PLA to stand as brief of Notice of Election
appellant)
Within 35 days of date PLA allowed

brief)
Brief
Within 35 days of the due date of the

on PLA and appellee elects to file brief)
ef is filed
Brief
Within 14 days of due date of
cross-relief and Appellant opposes that Reply Brief

request)
1 Note The due dates are set forth in the Supreme Court Rules, which are amended from time to time.
2If the appellate court issued a Rule 23 Order, and the appellant has timely moved to publish, there is a
special rule as to the due date for the Petition for Leave to Appeal. See Supreme Court Rule 315(b)(2).
3Child custody cases and delinquent minor cases have shorter deadlines. See Supreme Court Rules
315(i) and 315(j) in those cases.
A-10
EXHIBIT 1A
(Attach the appropriate Notice of Filing (see examples below) to the filing)
NOTICE OF ELECTRONIC FILING
I, John Doe, state that on [DATE], I electronically filed [TITLE OF FILING] with the
Clerk of the [NAME OF COURT].
Under penalties as provided by law pursuant to section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief as to such matters the
undersigned certifies as aforesaid that he verily believes the same to be true.
s/ John Doe________________________________
John Doe
NOTICE OF FILING BY MAIL
I, John Doe, state that on [DATE], I filed [TITLE OF FILING] by enclosing it in an

envelope, addressed to the Clerk of the [NAME OF COURT], [ADDRESS], with First Class
postage prepaid, and depositing the envelope in the U.S. Mail.
(signature)_________________________________
John Doe
NOTICE OF FILING BY THIRD-PARTY CARRIER
I, John Doe, state that on [DATE], I filed the [TITLE OF FILING] by enclosing it in an
envelope, addressed to the Clerk of the [NAME OF COURT], [ADDRESS], and delivering the
envelope to [NAME OF COMMERCIAL CARRIER] for delivery to the Clerk of the [NAME
OF COURT] within three business days.
(signature)_________________________________
John Doe
EXHIBIT 1B
(Attach the appropriate Certificate of Service (see examples below) to the filing)
[List here other self-represented parties or counsel for other parties, including their
address/e-mail address]
CERTIFICATE OF SERVICE BY E-MAIL
I, John Doe, state that on [DATE], I served the foregoing [TITLE OF FILING(S)] upon
counsel listed above by e-mail.
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same to be true.
s/ John Doe________________________________
John Doe
CERTIFICATE OF SERVICE BY MAIL
counsel listed above by enclosing copies thereof in envelopes, addressed as shown, with First
Class postage prepaid, and depositing them with the U.S. Mail.
(signature)_________________________________
John Doe
CERTIFICATE OF SERVICE BY THIRD-PARTY CARRIER
counsel listed above by enclosing it in an envelope, addressed as shown, and delivering the
envelope to [NAME OF COMMERCIAL CARRIER] for delivery to counsel within three
business days.
(signature)_________________________________
John Doe
EXHIBIT 2
IN THE CIRCUIT COURT OF LAKE COUNTY, ILLINOIS

NINETEENTH JUDICIAL CIRCUIT
JOHN DOE, )
)
Plaintiff-Appellant, )
)
v. ) Circuit Court No. XXXXX
)
ACME MANUFACTURING COMPANY, a )
corporation, and X HARDWARE STORE, ) Hon. James S. Smith,
a corporation, ) Judge Presiding.
)
Defendants-Appellees. )
NOTICE OF APPEAL
Plaintiff-Appellant John Doe, self-represented litigant, appeals to the Appellate Court of

Illinois for the Second District from the following orders entered in this matter in the Circuit
Court of Lake County:
1. The order of September 10, 2009, dismissing with prejudice Count II of his
complaint, alleging strict product liability against Defendant-Appellee X
Hardware Store; and
2. The order of May 9, 2010, granting summary judgment in favor of Defendants-
Appellees Acme Manufacturing Company and X Hardware Store and against
Plaintiff-Appellant John Doe on all remaining claims of the complaint.
By this appeal, Plaintiff-Appellant will ask the Appellate Court to reverse the orders of
September 10, 2009 and May 9, 2010, and remand this cause with directions to reinstate all
counts of the complaint for trial on the merits as to all claims, or for such other and further relief
as the Appellate Court may deem proper.
(signature)_________________________________
John Doe
Plaintiff-Appellant, self-represented litigant
John Doe
1111 Sandy Lane
Lake Forest, IL 60045
(847) 555-5555
[E-mail address if you consent to being served in that manner]
EXHIBIT 2
INCLUDE CERTIFICATE OF FILING/SERVICE
(e.g., Exhibits 1A and 1B)
EXHIBIT 3
No. [to be inserted by Appellate Court]

IN THE APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
JOHN DOE, ) Appeal from the Circuit Court,

) 19th Judicial Circuit, Lake County,
Plaintiff-Appellant, ) Illinois.
)
v. )
) Circuit Court No. XXXXX
corporation, and X HARDWARE STORE, )
a corporation, ) Honorable
) James S. Smith,
Defendants-Appellees. ) Judge Presiding.
MOTION FOR LEAVE TO FILE LATE NOTICE OF APPEAL
Plaintiff-Appellant John Doe, self-represented litigant, moves this Court pursuant to
Supreme Court Rule 303(d) for leave to file a late notice of appeal. In support thereof, John Doe
states as follows:
1. The circuit court entered a final order on May 9, 2010, granting summary
judgment in favor of Defendants-Appellees Acme Manufacturing Company and X Hardware
Store.
2. Plaintiff’s notice of appeal was due on June 8, 2010.
3. Plaintiff was unable to file his notice of appeal on June 8, 2010 because [INSERT
REASON].
4. Plaintiff has filed this motion within 30 days of the 30-day period provided by
Supreme Court Rule 303(d).
5. Attached to this motion is the affidavit of John Doe in support of this motion and
Plaintiff’s proposed Notice of Appeal.

EXHIBIT 3
WHEREFORE, Plaintiff-Appellant John Doe respectfully prays for entry of an order granting
him leave to file his notice of appeal and directing the clerk of this Court to transmit the notice of
appeal to the circuit court for filing.
(signature)_________________________________
John Doe
John Doe
1111 Sandy Lane
(847) 555-5555
[email protected]
INCLUDE NOTICE OF FILING AND CERTIFICATE OF SERVICE

EXHIBIT 4
[If you file a notarized affidavit, it should take the following form]
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
AFFIDAVIT
John Doe, being first duly sworn on oath, deposes and states as follows:
1. I am the Plaintiff-Appellant in this appeal.
Store.
4. Plaintiff was unable to file his notice of appeal on June 8, 2010, because [INSERT
REASON].
FURTHER AFFIANT SAYETH NAUGHT.
(signature)_________________________________
John Doe
Subscribed and sworn to

before me on this _____ day
of ______________, 20____.
________________________
Notary Public
EXHIBIT 4
[If you file an affidavit by certification, it should take the following form]
CERTIFICATION
I, John Doe, state as follows:
Store.
4. Plaintiff was unable to file his notice of appeal on June 8, 2010, because [INSERT
REASON].
SAMPLE
(signature)_________________________________
John Doe
EXHIBIT 5
[Reserved]
EXHIBIT 6
No. [to be inserted by Appellate Court]

SECOND DISTRICT

)
v. )
) James S. Smith,
ORDER
This matter coming on to be heard on the motion of Plaintiff-Appellant John Doe for
leave to file a late notice of appeal, notice having been given and the Court being fully advised in
the premises:
IT IS HEREBY ORDERED that the motion of Plaintiff-Appellant for leave to file a late
notice of appeal is granted / denied.
__________________________________________
Justice
__________________________________________
Justice
__________________________________________
Justice
Prepared by:
John Doe
1111 Sandy Lane
(847) 555-5555
EXHIBIT 7
No. _______
SECOND DISTRICT
SAM SMITH, ) Appeal from the Circuit Court,

Plaintiff-Respondent, ) Illinois.
)
v. ) Circuit Court No. XXXXXX
)
JOHN DOE, )
)
Defendant-Petitioner. )
PETITION FOR LEAVE TO APPEAL AND SUPPORTING

LEGAL MEMORANDUM PURSUANT TO SUPREME COURT RULE 306
Defendant-Petitioner, John Doe, petitions this Court for leave to appeal pursuant to
Supreme Court Rule 306(a)(2), from the order of the circuit court entered on May 19, 2010,
denying Defendant’s motion to transfer this case from Lake County to Cook County, Illinois on
the basis of forum non conveniens.
STATEMENT OF FACTS
Plaintiff, Sam Smith, a California resident, is the owner of farmland located in Lake
County, Illinois. Sup C 2. On April 1, 2010, Smith entered into a contract with Defendant John
Doe in which Smith agreed to sell and Doe agreed to purchase the farmland at a purchase price
of $50,000. Sup C 15. Doe is a resident of Cook County, Illinois. Sup C 2. The purchase
contract was negotiated in the Cook County office of Michael Mason, the real estate broker. Sup
C 30. Present during the negotiations and signing of the contract were Mason, Smith and Doe.
Sup C 31.
1
EXHIBIT 7
Under the terms of the contract, Doe was required to provide Mason with a cashier’s
check in the amount of $5,000 by April 15, 2010 to be held in an escrow account held by Mason.
Doe also agreed to sign a promissory note for the balance and to provide a guaranty signed by his
father-in-law, Rick Jones, a business acquaintance of Smith, at the closing. The closing was to
occur in Cook County on May 21, 2010. Sup C 16. Doe made the payment on April 15, 2010,
but on May 1, 2010, Rick Jones suffered a stroke and would not be able to sign the guaranty.
Doe told Morris that Doe's father would sign the guaranty and Morris relayed that information to
Smith. Smith told Morris that he would not agree to the substitution and that the deal was over.
He also told Morris that he had received a better offer from someone else. After Doe threatened
to sue, Smith filed a declaratory judgment action in Lake County, Illinois, on May 10, 2010
seeking a declaration that Doe failed to comply with the terms of the contract and, thus, Smith
was not obligated to sell the farmland property to him. Sup C 2-16.
On May 17, 2010, Doe moved to transfer venue to the circuit court in Cook County,
Illinois, pursuant to the doctrine of forum non conveniens. Sup C 25. Doe argued that the proper
forum should be Cook County, Illinois because that is where the contract was negotiated and the
documentary evidence exists. Cook County also is where one of the parties and one of the key
witnesses reside. Sup C 25-30. Doe argued that the testimony of Mason will be key to his
defense and that Mason will not be able to travel to Lake County due to a medical condition.
Sup C 28. Doe attached to his motion the affidavits of Mason and Mason’s physician setting
forth the details of Mason’s medical condition and his travel limitations. Sup C 32, Sup C 34.
(In his affidavit, Mason also stated that Smith told him he did not want to go through with the
sale to Doe because he had received a better offer from someone else.) Doe further argued that
the Plaintiff’s chosen forum should not be given preference because the Plaintiff does not reside
2
EXHIBIT 7
there (he resides in California) and the only connection the lawsuit has with Lake County is that
the farmland is located there. Sup C 29.
Smith responded to the motion to transfer venue on May 26, 2010, arguing that the
plaintiff’s choice of forum outweighs any other facts. In addition, he argued that the location of
the farmland should be given weight. Sup C 36-40. Doe filed a reply (Sup C 41-43), and the
circuit court heard argument on June 10, 2010. The court denied Doe’s motion to transfer venue.
Sup C 45.
REASONS PETITION FOR LEAVE TO APPEAL SHOULD BE GRANTED
The denial of a motion to transfer based upon the doctrine of forum non conveniens is
reviewed on the abuse of discretion standard. E.g., Wagner v. Eagle Food Centers, Inc., 398 Ill.
App. 3d 354, 359 (1st Dist. 2010). This Court should grant leave to appeal in this case because
the circuit court abused its discretion in denying Defendant’s motion to transfer this case to Cook
County from Lake County.
The doctrine of forum non conveniens is an equitable doctrine designed to promote fair
play between the litigants. E.g., Torres v. Walsh, 98 Ill. 2d 338, 351 (1983); Golden Rule Ins.
Co. v. Manasherov, 200 Ill. App. 3d 961, 966 (5th Dist. 1990). Under this doctrine, “a court may
decline to exercise jurisdiction of a case whenever it appears that there is another forum with
jurisdiction of the parties in which trial can be more conveniently had.” Bland v. Norfolk &
Western Ry. Co., 116 Ill. 2d 217, 223 (1987).
The decision to grant or deny a forum non conveniens motion involves a balancing of the
private interest factors affecting the convenience of the parties and the public interest factors
affecting the administration of the courts. Bland, 116 Ill. 2d at 224, quoting Gulf Oil Corp. v.
Gilbert, 330 U.S. 501, 508-09 (1947). A further consideration is the plaintiff’s choice of forum.
3
EXHIBIT 7
That choice, however, is entitled to less deference when the plaintiff is not a resident of the
chosen forum. E.g., Peile v. Skelgas, Inc., 163 Ill. 2d 323, 337-38 (1994); Bland, 116 Ill. 2d at
227-28.
Here, the circuit court erred in denying Defendant’s motion to transfer. The only
relationship that Lake County has with the underlying dispute is that it was the forum choice of a
non-resident plaintiff and it is the situs of the property that was the subject of the sale. But
Plaintiff’s choice of forum is not entitled to significant weight because Plaintiff is not a resident
of Lake County and was not a resident of that county at any time relevant to the instant dispute.
See, e.g., Peile, 163 Ill. 2d at 337-38; Bland, 116 Ill. 2d at 227-28. Plaintiff resides in California
and will have to travel regardless of where the case is litigated in Illinois. Indeed, it would seem
that Cook County would be a more convenient forum for Plaintiff because Chicago is a major
transportation hub and is likely to be the location where Plaintiff will arrive when traveling to
Illinois for the trial.
Transfer to Cook County also is warranted because of other private interest factors. The
dispute between the parties centers on their performance of a contract that was negotiated and
executed in Cook County, Illinois. Most of the proofs and witnesses hale from Cook County.
Mason, the chief witness in the case, would be subject to compulsory process should he refuse to
comply with the trial subpoena. While his medical condition would not prohibit him from
attending the trial, it would make it quite difficult for him to attend a trial in another county. See
Peile, 163 Ill. 2d 323 (reversing denial of motion to transfer on grounds of forum non conveniens
where nominal connections to forum chosen by plaintiff and plaintiff was not resident of chosen
forum); Bland, 116 Ill. 2d 217 (same).
As to the public factors, which are of lesser weight than the private interest factors
4
EXHIBIT 7
(Washington v. Illinois Power Co., 144 Ill. 2d 395, 399 (1991)), Cook County has a greater
interest in the controversy. The real estate contract was negotiated and executed there, and Doe
performed his contractual payment obligation there. Cook County has an interest in enforcing
the contracts of its residents. See Golden Rule, 200 Ill. App. 3d at 967-68 (finding forum has
localized interest when product, insurance policy, purchased there). Cook County’s interest is
further evidenced by the fact that the $5,000 escrow was held in Cook County and the real estate
closing was to occur in Cook County.
The overriding purpose of the doctrine of forum non conveniens is convenience to the
parties, the witnesses and the court. See Franklin v. FMC Corp., 150 Ill. App. 3d 343, 349 (1st
Dist. 1986). Under the facts of this case, that purpose and the ends of justice are best served by a
transfer of this cause to Cook County, Illinois. See Washington, 144 Ill. 2d at 399. The trial
court clearly erred in denying Defendant Doe’s motion to transfer and this Court should grant
Defendant leave to appeal that denial.
PRAYER FOR LEAVE TO APPEAL
Defendant-Petitioner John Doe, self-represented litigant, pursuant to Illinois Supreme
Court Rule 306(a)(2), respectfully prays that this Court grant leave to appeal from the order of
the circuit court entered on June 10, 2010, denying Defendant’s motion
5
EXHIBIT 7
to transfer this case from Lake County to Cook County, Illinois on the basis of forum non
conveniens.
Dated: July 9, 2010 Respectfully submitted,
________________________
John Doe, self-represented litigant
Defendant-Petitioner
John Doe
[address & telephone no.]
INCLUDE NOTICE OF FILING

AND CERTIFICATE OF SERVICE
6
EXHIBIT 8
No. [Appellate Court No.]

SECOND DISTRICT
JOHN DOE, ) Appeal from ____________ County

) Circuit Number _____________
Plaintiff-Appellant, ) Trial Judge _____________
) Date of Notice of Appeal _________
v. ) Date of Judgment _______________
) Date of Postjudgment
ACME MANUFACTURING COMPANY, a ) Motion Order__________________
corporation, and X HARDWARE STORE, ) Supreme Court Rule which confers
a corporation, ) jurisdiction upon the reviewing court
) _________
DOCKETING STATEMENT
(Civil)
1. Is this a cross-appeal, separate appeal, joining in a prior appeal, or related to another appeal
which is currently pending or which has been disposed of by this court? _________
If so, state the docket number(s) of the other appeal(s):
______________________________________________________________________________
2. If any party is a corporation or association, identify any affiliate, subsidiary, or parent group:
______________________________________________________________________________
3. Full name and complete address of appellant(s) filing this statement:
Name: _____________________________________________________________________
Address:___________________________________________________________________
Telephone: _________________________________________________________________
E-mail address:______________________________________________________________
*Use additional page if multiple appellants.
Counsel on Appeal for appellant(s) filing this statement:
Name: ___________________________________ARDC #___________________________
Address: ___________________________________________________________________
EXHIBIT 8
Telephone: _________________________________________________________________
E-mail address:______________________________________________________________
*Use additional page if multiple appellants.
4. Full name and complete address of appellee(s):
Name:_____________________________________________________________________
Address:___________________________________________________________________
Telephone:_________________________________________________________________
E-mail address:_____________________________________________________________
*Use additional page if multiple appellees.
Counsel on Appeal for appellee(s):
Name: _____________________________________________________________________
Address: ___________________________________________________________________
Telephone: _________________________________________________________________
E-mail address: _____________________________________________________________
*Use additional page if multiple appellees.
5. Court reporting personnel:
Name: _____________________________________________________________________
Address: ___________________________________________________________________
Telephone: _________________________________________________________________
E-mail address: ______________________________________________________________
*Use additional page if multiple court reporting personnel.
6. Is this appeal from a final order in a matter involving child custody or allocation of
parental responsibility or relocation of unemancipated minors pursuant to Illinois Supreme Court
Rule 311(a), which requires Mandatory Accelerated Disposition of Child Custody, Allocation
of Parental Responsibilities, and Relocation of Unemancipated Minors Appeals?
EXHIBIT 8
Yes: _____ No: _____
*If yes, this docketing statement, briefs and all other notices, motions and pleadings filed by
any party shall include the following statement in bold type on the top of the front page:
THIS APPEAL INVOLVES A MATTER SUBJECT TO EXPEDITED DISPOSITION

UNDER RULE 311(a).
7. State the general issues proposed to be raised (failure to include an issue in this statement
will not result in the waiver of the issue on appeal):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
As ___ attorney for the appellant ____ self-represented appellant (check one), I hereby certify
that on the ___ day of __________, 20__, I requested the clerk of the circuit court to prepare the
record on appeal, and on the ___ day of _______, 20__, I requested the court reporting personnel
to prepare the transcript(s).
_______________ ______________________ _____________________________

Date Appellant’s Attorney OR Appellant
EXHIBIT 9

SECOND DISTRICT

)
v. )
) James S. Smith,
NOTICE OF CHANGE OF ADDRESS
PLEASE TAKE NOTICE of the following change of address for John Doe, Plaintiff-
Appellant, self-represented litigant in the above-captioned matter.
John Doe
[NEW ADDRESS]
(signature)_________________________________
John Doe, Plaintiff-Appellant, self-represented litigant
Prepared by:
John Doe
[insert new address
and telephone number]

EXHIBIT 10
Name of Court Reporter

Address
Re: John Doe v. Acme Manufacturing Company, et al.

Circuit Court No. __________________
Dear __________________:
Confirming our conversation on [INSERT DATE], I have requested preparation of

transcripts of proceedings held in the above-referenced matter before Judge James Smith on
September 10, 2009, and May 9, 2010, to be included in the record on appeal.
The appeal was [will be] filed on [by] June 8, 2010.
I understand that a deposit of $_______________ is required, and my check for that

amount is enclosed. For your convenience, below is my address and telephone number where I
can be reached during the work day.
Very truly yours,
John Doe
1111 Sandy Lane
(847) 555-5555
[E-mail address if you consent to being served in
that manner]
EXHIBIT 11
[Reserved]
EXHIBIT 12

JOHN DOE, )
)
Plaintiff, )
)
)
a corporation, )
)
Defendants. )
NOTICE OF MOTION
TO: Name and address of attorney for Acme

Name and address of attorney for X Hardware
PLEASE TAKE NOTICE that on [DATE], at [TIME], the undersigned shall appear
before the Honorable James Smith, Circuit Court of Lake County, Illinois, in the courtroom
usually occupied by him and present the MOTION TO CERTIFY REPORT OF
PROCEEDINGS, a copy of which is herewith served upon you.
(signature)_________________________________
John Doe, Plaintiff, self-represented litigant
John Doe
1111 Sandy Lane
(847) 555-5555
INCLUDE CERTIFICATE OF SERVICE
[E.g., Exhibit 1B]

EXHIBIT 13

JOHN DOE, )
)
Plaintiff, )
)
)
a corporation, )
)
Defendants. )
MOTION TO CERTIFY REPORT OF PROCEEDINGS
Plaintiff John Doe, self-represented litigant, moves this Court to certify the transcripts of
the proceedings in the captioned matter for September 10, 2009, and May 9, 2010.
(signature)_________________________________
John Doe John Doe, Plaintiff, self-represented litigant
1111 Sandy Lane
(847) 555-5555
INCLUDE NOTICE OF MOTION AND CERTIFICATE OF SERVICE

(e.g., Exhibits 1B and 12)
EXHIBIT 14

JOHN DOE, )
)
Plaintiff, )
)
)
a corporation, )
)
Defendants. )
STIPULATION
IT IS HEREBY STIPULATED AND AGREED by and between the parties or their counsel,
pursuant to Supreme Court 323(b), that the transcript of proceedings of September 10, 2009, consisting of
10 pages, and the transcript of proceedings of May 9, 2010, consisting of 25 pages, both before Judge
James Smith, may be filed as part of the Record on Appeal without further notice and without
certification by the Court.
The parties further stipulate and agree that the following errors be corrected:
Page 7, line 12 of the transcript of proceedings of September 10, 2009, which states “the Court
should dismiss this complaint, should be corrected to state as follows: “the Court should not dismiss this
complaint.”
[LIST ADDITIONAL CORRECTIONS, INDIVIDUALLY, IF NEEDED]
Stipulated and agreed to on [DATE]:
(signature)_______________________________________
1111 Sandy Lane
(847) 555-5555
(signature)_______________________________________
Name/Address/Phone Number/E-mail address
Attorney for Defendant Acme Manufacturing Company
EXHIBIT 14
(signature)_______________________________________
Attorney for Defendant X Hardware Store
EXHIBIT 15

SECOND DISTRICT

)
v. )
) James S. Smith,
MOTION TO EXTEND TIME TO FILE TRANSCRIPT OF PROCEEDINGS
Plaintiff-Appellant John Doe, self-represented litigant, moves this Court for entry of an
order extending the time for filing the transcript of proceedings for [NUMBER OF DAYS
REQUESTED] days, from [DATE CURRENTLY DUE] to and including [NEW DATE]. In
support thereof, John Doe states as follows:
[Set forth the reason(s) for the request simply and directly in separately numbered
paragraphs.] (See Exhibit 3.)
An Affidavit is attached.
EXHIBIT 15
WHEREFORE, Plaintiff-Appellant John Doe respectfully requests that this Court enter an order
extending the time for filing the Transcript of Proceedings to and include [NEW DATE].
(signature)_________________________________
John Doe
1111 Sandy Lane
(847) 555-5555
EXHIBIT 15
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
AFFIDAVIT
John Doe, being first duly sworn on oath, deposes and states as follows:
2. The Report of Proceedings is currently due on [INSERT DATE].
3. Plaintiff is unable to file the Report of Proceedings because [INSERT REASON].
FURTHER AFFIANT SAYETH NAUGHT.
__________________________________________
John Doe
Subscribed and sworn to

before me on this _____ day
of ______________, 20____.
________________________
Notary Public
INCLUDE CERTIFICATE OF FILING/SERVICE

EXHIBIT 16

JOHN DOE, )
)
Plaintiff, )
)
)
a corporation, )
)
Defendants. )
AGREED STATEMENT OF FACTS
IT IS HEREBY STIPULATED AND AGREED by and between the parties or their

counsel, pursuant to Supreme Court 323(d), that the following facts material to this appeal were
testified to in oral proceedings before Judge James Smith on May 9, 2010:
LIST AGREED UPON FACTS IN SEPARATELY NUMBERED PARAGRAPHS; FOR

EXAMPLE:
1. On October 18, 2003, John Doe purchased a lawnmower from the X Hardware
Store.
2. The lawnmower was designed, manufactured, and sold to X Hardware Store by

Acme Manufacturing Company.
3. John Doe testified at the oral proceedings before Judge Smith that on April 9,
2004, while he was mowing the lawn at his home, he struck a small rock or pebble.
4. [CONTINUE WITH AGREED UPON FACTS]
(signature)_______________________________________
Address/Phone Number
(signature)_______________________________________
EXHIBIT 16
(signature)_______________________________________
EXHIBIT 17
Request for the Preparation of Record on Appeal (2/01/06) CCJ 0027
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

JUVENILE JUSTICE AND CHILD PROTECTION DEPARTMENT
JUVENILE JUSTICE DIVISION
Trial Court No.
Minor’s Name >
REQUEST FOR THE PREPARATION OF RECORD ON APPEAL
DATE NOTICE OF APPEAL WAS FILED:
WILL THE RECORD HAVE REPORTS OF PROCEEDINGS? YES □ NO □
WILL THE RECORD INCLUDE TRIAL EXHIBITS: YES □ NO □
ARE THERE IMPOUNDMENTS? YES □ NO □
PERSON REQUESTING RECORD

CONTACT INFORMATION: NAME:
ADDRESS:
CITY/STATE/ZIP:.
TELEPHONE: __
SIGNATURE: ___
ATTORNEY CODE:
FOR IMPOUNDED ORDERS/EXHIBITS YOU MUST SUBMIT AN IMPOUND ORDER TO THE APPEALS
CLERK AS SOON AS POSSIBLE.
FAILURE TO SUPPLY A RELEASE ORDER MAY DELAY THE APPEALS PROCESS.

BOTTOM PORTION FOR CLERK’S OFFICE ONLY
DATE APPELLATE NUMBER WAS RECEIVED:

DATE TRANSCRIPTS ARE DUE:_____________
NUMBER OF VOLUMES OF TRANSCRIPTS:
DATE COMMON LAW RECORD IS DUE:___
DATE MANDATE WAS RECEIVED:_______
AMOUNT AND DATE OF PAYMENT:
*PLEASE RETURN COMPLETED FORM TO THE JUVENILE JUSTICE APPEALS CLERK*
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

EXHIBIT 18
[DATE]
Clerk of the Circuit Court

[ADDRESS]
Re: Doe v. Acme Manufacturing Company, et al.

Circuit Court No. XXXXXX
Dear __________:
A notice of appeal was filed in the above-referenced matter on [DATE]. I hereby request
that you prepare the record on appeal for filing in the appellate court. There will be transcripts of
proceedings, which have been ordered from the court reporter and will be filed as soon as they
are available. [IF APPLICABLE, INCLUDE WHETHER TRIAL EXHIBITS HAVE YET TO
BE FILED AND WHETHER THE EXHIBITS SHOULD BE INCLUDED IN THE RECORD
ON APPEAL.] Thank you for your assistance in this matter.
Sincerely,

1111 Sandy Lane
Lake Forest, IL
(847) 555-5555
that manner]
EXHIBIT 19
This form is approved by the iilinois Supreme Court and is required to be used in aii iiiinois Appeiiate Courts.
Instructions-^ □ THIS APPEAL INVOLVES A MATTER SUBJECT TO EXPEDITED DISPOSITION UNDER

RULE 311(a).
Check the box to the
right if your appeal
involves custody,
visitation, or removal of
a child. Appellate Case No.:
Enter the Appellate
Court case number. IN THE APPELLATE COURT OF
Just below “In the ILLINOIS
Appellate Court of
Illinois,” enter the
number of the appellate District
district where the appeal
was filed.
Appeal from the Circuit Court
If the case name in the
In re of __________ County
trial court began with
“In re” (for example,
“In re Marriage of
Jones”), enter that Trial Court Case No.;
name. Below that,
enter the names of the
Plaintiff/Petitioner in the trial court (First, middle, last names)
parties as they appeared
in the trial court, and Honorable
check the correct boxes n Appellant O Appellee
to show which party
filed the appeal
(“appellant”) and which V. Judge, Presiding
party is responding to
the appeal (“appellee”).
To the far right, enter the Defendant/Respondent in the trial court (First, middle, last names)
trial court county, trial
court case number, and □ Appellant [j Appellee
trial judge's name.
APPLICATION FOR WAIVER OF COURT FEES

(APPELLATE COURT)
In la, enter your full 1. I am providing the foiiowing information about myseif:
name. If you are a. Name; __________
completing this form First Middle Last
on behalf of a minor
or an incompetent b. Year of Birth:
adult, provide that
person's information. c. Street Address:
In lb, only enter the City, State, ZIP:
year you were born.
DO NOT enter your
entire date of birth. d. I cannot afford to pay the court fees in this case.
In Ic, enter your e. Email address; ________________ _________ Telephone number.
complete current
address.
In 2, if you are 2. I am currently incarcerated. □ Yes □ No If yes, inmate I D. #
currently incarcerated,
attach a copy of your If yes, I am attaching a copy of my inmate trust fund ledger for the last six (6) months.
inmate trust fund ledger
for the last 6 months or
your Application will **lf you answered “Yes” in section 2, skip section 3, 4, and 5 and sign below.**
be rejected.
Page 1 of 3 (05/18)
AWA-A 1303.3
Enter the Case Number given by the Appellate Court Clerk:,
In 3a, enter the number 3. I am providing the following information about people who live with me:
of people age 18 and a. I support ______________ adults (not counting myself) who live with me.
older living in your
house who you support. b. I support _______________ children under 18 who live with me.
Support means that the
people rely on you
financially. 4. I have received 1 or more of the benefits listed below in the past 4 weeks:
In 3b, enter the number □ Yes □ No
of people under age 18
living in your house • Supplemental Security Income (SSI) (Not Social Security)
who you support. • Aid to the Aged, Blind and Disabled (AABD)
In 4, check “Yes” if • Temporary Assistance to Needy Families (TANF)
you have received at • State Children & Family Assistance
least 1 of the benefits
listed in the past 4 • Food Stamps (SNAP)
weeks. • General Assistance (GA)
If you check “Yes” in • Transitional Assistance
4, skip 5 and sign
below.
**lf you answered “Yes” in section 4, skip section 5 and sign below.**
In 5a, check “Yes” if 5. I checked “No” in section 4, so I am providing the following financial information:
you have applied for at a. I have applied for 1 or more of the benefits listed in section 4:
listed in section 4. □ Yes □ No
In 5b, check the box for b. I receive the following money each month. This includes money received by people I
each type of money you support who live with me. (check all that apply)
have received in the
past month. Also enter □ My employment: $ n other people’s employment: $
the gross (before taxes) □ Child support: $ n Social Security (not SSI): $
amount for each type. n Unemployment: $
□ Pension: $
Include the money
received by the people □ Other (list type and amount):
you support who live n No income
with you. Support Total of all money received: $
means that the people
rely on you financially.
c. My current monthly expenses are listed below. This includes the monthly expenses of the
In 5c, check all of your people I support who live with me. (check all that apply)
expenses for the past □ Rent: $ per month
month and list the
monthly amounts. □ Home Mortgage: $ per month
Include the expenses of □ Other Mortgage: per month
the people you support per month
who live with you.
□ Utilities:
n Food: per month
□ Medical: $ per month
□ Car Loan: $ per month
□ Other (list type and amount): per month
□ I have no expenses
Total of all expenses: J____
In 5d, check all of the
items owned by you d. I have the belongings listed below. This includes the belongings of the people I support
and list the value of who live with me. (check all that apply)
each item. Include the
items owned by the □ Bank accounts and cash totaling: $ -------------
people you support who □ Home real estate, worth: A.
live with you. The total I owe on my home mortgage is: $
If you own real estate,
□ Other real estate, not including the house I live in, worth: _$______________
include the total you The total I owe on my other mortgage is: _$______________
owe on any mortgage. □ f vehicle worth: $ _______ The 1®* vehicle is paid off: □ Yes □ No
L
AWA-A 1303.3 Page 2 of 3
Enter the Case Number given by the Appellate Court Clerk:_______
□ 2"‘* vehicle worth: $ ________ The 2"'’ vehicle is paid □ Yes □ No

□ Other (list items and value): ____________________________ $
□ None of the above
Under the Code of I certify that everything in the Application for Waiver of Court Fees (Appellate Court) is true
Civil Procedure, 735 and correct. I understand that making a false statement on this form is perjury and has
ILCS 5/1-109. making
a statement on this penalties provided by law under 735 ILCS 5/1-109.
form that you know to
be false is perjury, a
Class 3 Felony. /si
Your Signature Street Address
The person who filled
out this form must
sign it. If you are
completing this form City, State, ZIP
Print Your Name
on a computer, sign
your name by typing
it. If you are Telephone
completing it by hand, Relationship to Minor or Incompetent
sign by hand and print Adult (if applicable)
your name.
If you are filling out

this form for a minor
or an incompetent
adult, state your
relationship.
GETTING COURT DOCUMENTS BY EMAIL: If you agree to receive court documents by email, check the box below and enter your email
address. You should use an email account that you do not share with anyone else and that you check every day. If you do not check your email every
day, you may miss important information or notice of court dates. Other parties may still send you court documents by mail.
□ I agree to receive court documents at this email address during my entire case.
Email
Page 3 of 3 (05/18)
AWA-A 1303.3
EXHIBIT 20
This form is approved by the Supreme Court of iiiinois and is required to be used.
Instructions ▼ □ THIS APPEAL INVOLVES A MATTER SUBJECT TO EXPEDITED DISPOSITION UNDER

Check the box to the RULE 311(a).
right if your appeal
involves custody,
visitation, or removal Case No.:
of a child.
Enter the Supreme IN THE
Court case number if SUPREME COURT OF ILLINOIS
one has been assigned.
If the case name in the Appeal from the Appellate
trial and/or appellate Court, __________ District
court began with “In In re
re” (e.g., “In re No. ___________________
Marriage of Jones”),
enter that name. Below
that, enter the names of
Appeal from the Circuit Court
the parties as they
appeared in the Plaintiff/Petitioner in trial court (First, middle, last names) of __________ County
trial/appellate court,
and check the correct □ Appellant O Appellee
boxes to show which Trial Court Case No.:
party filed the appeal in
the Supreme Court V.
(“appellanf’) and which
party is responding to
the appeal (“appellee”).
Honorable
Defendant/Respondent in trial court (First, middle, last names)
To the far right, enter the
number of the appellate
n Appellant [~] Appellee Judge, Presiding
district, appellate court
case number, trial court
county, trial court case
number, and trial judge's
name.
APPLICATION FOR WAIVER OF COURT FEES

(SUPREME COURT)
In la, enter your full 1. lam providing the foilowing information about myself:
name. If you are a. Name;
completing this form First Middle Last
on behalf of a minor
or an incompetent b. Year of Birth:
adult, provide that
person's information. c. Street Address: ________________________
In lb, only enter the City, State, ZIP: _____________________ _
year you were born.
DO NOT enter your d. I cannot afford to pay the court fees in this case.
entire date of birth. e. Email address: ________________ _ Telephone number;
In Ic, enter your
complete current
address. 2. I am currently incarcerated. □ Yes □ No If yes, inmate I.D. #
In 2, if you are If yes, I am attaching a copy of my inmate trust fund ledger for the last six (6) months.
currently incarcerated,
attach a copy of your *lf you answered “Yes” in section 2, skip section 3, 4, and 5 and sign below.**
inmate trust fund ledger
for the last 6 months or
your Application will
be rejected.
Page 1 of 3 (05/18)
iSC-A 3907.1
Enter the Case Number given by the Supreme Court Clerk:.
In 3 a, enter the number 3. I am providing the following information about people who live with me:
of people age 18 and a. I support ______________ _ adults fnofcounf/ngmyse/Q who live with me.
older living in your
house who you support. b. I support _______________ children under 18 who live with me.
Support means that the
people rely on you
financially. 4. I have received 1 or more of the benefits listed below In the past 4 weeks:
In 3b, enter the number □ Yes □ No
of people under age 18
living in your house • Supplemental Security Income (SSI) (Not Social Security)
who you support. • Aid to the Aged, Blind and Disabled (AABD)
In 4, check “Yes” if • Temporary Assistance to Needy Families (TANF)
you have received at
• State Children & Family Assistance
listed in the past 4 • Food Stamps (SNAP)
weeks. • General Assistance (GA)
If you check “Yes” in • Transitional Assistance
4, skip 5 and sign
below. **lf you answered “Yes” in section 4, skip section 5 and sign below.**
In 5a, check “Yes” if 5. I checked “No” in section 4, so I am providing the following financial information:
you have applied for at a. I have applied for 1 or more of the benefits listed in section 4;
listed in section 4. □ Yes □ No
In 5b, check the box for b. I receive the following money each month. This includes money received by people I
each type of money you support who live with me. (check all that apply)
have received in the
past month. Also enter □ My employment: $ □ Other people’s employment: $
the gross (before taxes) □ Child support: $ □ Social Security (not SSI): $
amount for each type. □ Pension: □ Unemployment: $
$
Include the money
n Other (list type and amount):
received by the people
you support who live □ No income
with you. Support Total of all money received:
means that the people
rely on you financially.
c. My current monthly expenses are listed below. This includes the monthly expenses of the
In 5c, check all of your people I support who live with me. (check all that apply)
expenses for the past □ Rent: $ per month
month and list the
monthly amounts. □ Home Mortgage: $ per month
Include the expenses of □ Other Mortgage: per month
the people you support per month
who live with you.
□ Utilities:
□ Food: per month
□ Medical: $ per month
□ Car Loan: $ per month
□ Other (list type and amount): per month
□ I have no expenses
In 5d, check all of the Total of all expenses: _$____
items owned by you
and list the value of I have the belongings listed below. This includes the belongings of the people I support
d.
each item. Include the
items owned by the who live with me. (check all that apply)
people you support who □ Bank accounts and cash totaling: _$______________
live with you.
□ Home real estate, worth: ------------------------
The total I owe on my home mortgage is: _$______________ _
If you own real estate,
include the total you □ Other real estate, not including the house I live in, worth: _$______________
owe on any mortgage. The total 1 owe on my other mortgage is: _$______________
Page 2 of 3 (05/18)
ISC-A 3907.1
Enter the Case Number given by the Supreme Court Clerk:.
□ vehicle worth: The 1"' vehicle is paid off: □ Yes □ No

□ 2"'‘ vehicle worth: _$_ The 2"*' vehicle is paid □ Yes □ No
□ Other (list items and value): $
□ None of the above
Under the Code of I certify that everything in the Application for Waiver of Court Fees (Supreme Court) is true
Civil Procedure, 735 and correct. I understand that making a false statement on this form is perjury and has
ILCS 5/1-109. making
a statement on this penalties provided by law under 735 ILCS 5/1-109.
form that you know to
be false is perjury, a
Class 3 Felony. is/
Your Signature Street Address
The person who filled
out this form must
sign it. If you are
completing this form City, State, ZIP
Print Your Name
on a computer, sign
your name by typing
it. If you are
Relationship to Minor or Incompetent Telephone
completing it by hand,
sign by hand and print Adult (if applicable)
your name.
If you are filling out

this form for a minor
or an incompetent
adult, state your
relationship.
GETTING COURT DOCUMENTS BY EMAIL: If you agree to receive court documents by email, check the box below and enter your email
address. You should use an email account that you do not share with anyone else and that you check every day. If you do not check your email every
day, you may miss important information or notice of court dates. Other parties may still send you court documents by maih__________________
□ I agree to receive court documents at this email address during my entire case.
Email
ISC-A 3907,1 Page 3 of 3 (05/18)

EXHIBIT 21

JOHN DOE, )
)
Plaintiff, )
)
)
a corporation, )
)
Defendants. )
STIPULATION FOR PREPARATION OF SUPPLEMENTAL RECORD
IT IS HEREBY STIPULATED by and between the parties or their counsel, pursuant to

Supreme Court 329, that a supplemental record may be prepared by the Clerk of the Circuit
Court of Lake County containing the following document(s), a copy of which is attached to this
stipulation:
[LIST DOCUMENT(S)]
Stipulated and agreed to on [DATE]:
(signature)_______________________________________
1111 Sandy Lane
(847) 555-5555
[E-mail address if you consent to being served in that
manner]
(signature)_______________________________________
(signature)_______________________________________
EXHIBIT 22
Request for Preparation of Supplemental

Record on Appeal flO/18/171 CCA 0023 A
APPEAL TO THE APPELLATE COURT OF ILLINOIS
FROM THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
. DEPARTMENT, . DIVISION/DISTRICT
Reviewing Court No.:

Plaintiff/ C Appellant O Appellee Circuit Court No.: __
V.
Honorable _________
Trial Judge
Date of Order being Appealed: ______

Defendant/ O Appellant O Appellee Date Notice of Appeal Filed: ________
REQUEST FOR PREPARATION OF SUPPLEMENTAL RECORD ON APPEAL
K..y Atty. No.: O Pro Se 99500
Atty Name:
Atty. for: _
Address: __
City: _____ State:
Zip: ______
Telephone: _____
Primary Email: _
Secondary Email:
Tertiary Email: _
The Appellant in the above case has requested preparation of a Supplemental Record on Appeal for submission to
the reviewing court pursuant to Illinois Supreme Court Rule 329. The Supplemental Record on Appeal should be
prepared pursuant to the following:
□ A stipulation signed by the parties
□ An order of court dated _________ (copy with judge’s signature attached).

If documents were filed under seal with the Circuit Court, this Order should authorize them to be unsealed
for inclusion in the Record on Appeal, or in the alternative, an Order must be obtained from the Appellate
Court authorizing the inclusion of sealed documents in the Record on Appeal. See Rule 17 of the Appellate
Court of Illinois.
□ Any filing that carries a filing stamp of the Clerk of the Circuit Court (Original or copy attached with a
Notice of Filing). See Illinois Supreme Court Rule 324.
Dorothy Brown, Clerk of the Circuit Court of Cook County, Illinois cookcountyclerkofcourt.org
Page 1 of 2
Request for Preparation of Supplemental Record on Appeal (10/18/17) CCA 0023 B
FEES
Payment may be made by Cash, Check or Money Order. Cash payments accepted for in-person payments only.
Checks or money order should be made to Clerk of the Circuit Court of Cook County. Pursuant to 705 ILCS
105/27.2a(k) and 27.2(k), the Clerk of the Circuit Court of Cook County must charge fees for Records on Appeal
in advance as follows:
100 pages or less, $110
100 - 200 pages, $185
Each page in excess of 200, $.30/page
Reduced fee for Local Governments and School Districts, $50
All prescribed fees are due in advance of transmission of the Supplemental Record on Appeal. It is understood
and agreed that once a request for preparation of a Supplemental Record on Appeal is made by submission of this
form to the Electronic Appeals Filing submission portal, the Appellant is responsible for the costs of preparing the
Supplemental Record on Appeal, regardless of whether the Appeal is successful, dismissed, the time is extended,
or a party elects to not have the Circuit Clerk transmit the Supplemental Record on Appeal to the Appellate Court.
The Clerk of the Circuit Court of Cook County reserves the right to pursue a claim to recover the costs and
expenses, including reasonable attorneys’ fees, related to preparation of the Supplemental Record on Appeal.
Name
Signature of Requestor
Dorothy Brown, Clerk of the Circuit Court of Cook County, lUinois cookcountyclerkofcourt.org
Page 2 of 2
EXHIBIT 23

SECOND DISTRICT

)
v. )
) James S. Smith,
MOTION FOR LEAVE TO FILE SUPPLEMENTAL RECORD INSTANTER
Plaintiff-Appellant John Doe, self-represented litigant, moves this Court for leave to file a
supplemental record instanter. In support thereof, John Doe states as follows:
[Set forth when the original record was filed; that a pleading or transcript necessary for
review was omitted; name the pleading or transcript; state that the omission was not discovered
until recently and that pleading or transcript is necessary in order for the Court to have a
complete understanding of the case.]
WHEREFORE, Plaintiff-Appellant John Doe respectfully prays for leave to file a
supplemental record in this matter instanter.
(signature)_________________________________
John Doe
1111 Sandy Lane
(847) 555-5555
EXHIBIT 23
[NOTE: instanter means “right now” and is included because you give the supplemental record to the appellate
court clerk when you file the motion. If/when the motion is granted, the clerk will automatically file the record.]
[Remember to include a Notice of Filing and Certificate of Service (see Exhibits 1A and 1B) and a Proposed Order
(Exhibit 6) – just substitute the correct title of the motion.]
EXHIBIT 24

SECOND DISTRICT

Plaintiff-Petitioner, ) Illinois.
)
v. )
) James S. Smith,
Defendants-Respondents. ) Judge Presiding.
AFFIDAVIT REGARDING PREPARATION OF

SUPPORTING RECORD PURSUANT TO SUPREME COURT RULE 328
John Doe, Petitioner, self-represented litigant, states as follows:
1. I am the Petitioner in the above-captioned case.
2. I am competent to testify to the matters stated in this affidavit based on my own
personal knowledge.
3. I prepared the Petitioner’s Supporting Record pursuant to Supreme Court Rule
328, and, to the best of my knowledge, the documents contained therein are true and correct
copies of the documents as they appear in the trial court record.
Further Affiant Sayeth Not.
__________________________________________
John Doe
Subscribed and sworn to before
me on this ____ day of
_______________________, 20___.
_____________________________
Notary Public
EXHIBIT 25

FOR THE SECOND DISTRICT
JOHN DOE, ) Petition for Administrative

) Review of Decision and Order
Petitioner, ) of Illinois Human Rights
) Commission
v. )
) Human Rights Commission
STATE OF ILLINOIS HUMAN RIGHTS ) Case No. ___________
COMMISSION, ACME MANUFACTURING )
COMPANY, a corporation, )
)
Respondents. )
PETITION FOR ADMINISTRATIVE REVIEW OF AN ORDER OF THE

ILLINOIS HUMAN RIGHTS COMMISSION DOCKET NO. ______
John Doe, self-represented litigant, hereby petitions the Court for review of the final
order of May 9, 2010, of the Illinois Human Rights Commission finding in favor of Acme
Manufacturing Company on his complaint of race discrimination in employment.
Petitioner John Doe respectfully submits that the decision and order of the Respondent
Illinois Human Rights Commission is clearly erroneous and/or against the manifest weight of the
evidence for the following reasons:
WHEREFORE, Petitioner respectfully requests that the Court enter an order reversing the
final order of May 9, 2010.
(signature)_________________________________
John Doe, Petitioner, self-represented litigant
John Doe
1111 Sandy Lane
(847) 555-5555
EXHIBIT 26

FOR THE SECOND DISTRICT
JOHN DOE, ) Petition for Administrative

) Review of Decision and Order
Petitioner, ) of Illinois Human Rights
) Commission
v. )
) Human Rights Commission
STATE OF ILLINOIS HUMAN RIGHTS ) Case No. ___________
COMMISSION, ACME MANUFACTURING )
COMPANY, a corporation, )
)
Respondents. )
NOTICE OF FILING OF PETITION FOR ADMINISTRATIVE REVIEW
TO: Name and address of Director, Human Rights Commission

Name and address of attorney for Acme
PLEASE TAKE NOTICE that on [DATE], Petitioner John Doe filed in the Appellate
Court of Illinois, Second District, 55 Symphony Way, Elgin, IL 60120, the PETITION FOR
ADMINISTRATIVE REVIEW, a copy of which is hereby served upon you.
(signature)_________________________________
John Doe, Petitioner, self-represented litigant
1111 Sandy Lane
(847) 555-5555
that manner]
CERTIFICATE OF SERVICE
[E.g., Exhibit 1B]

EXHIBIT 27
APPELLATE COURT OF ILLINOIS

SECOND DISTRICT
[DATE]
RE: General No. [Appellate Court No.]

County of Lake
Doe, John v. Acme Manufacturing Company, et al.
CURRENT DOCKETING ORDER – DUE DATES
Notice of Appeal filed: 06/08/2010*
Report of Proceedings filed in trial court: 07/27/2010*

Record, including Report of Proceedings or

Certificate in Lieu of Record, filed: 08/10/2010*
(Supreme Court Rules 325, 326)
Appellant’s Brief, with Appendix due to be filed: 09/14/2010

(Supreme Court Rules 342, 343)
Appellee’s Brief due to be filed: 10/19/2010

Appellant’s Reply Brief due to be filed: 11/02/2010

*denotes filed
******************************************************************************
[ANY INSTRUCTIONS FROM THE APPELLATE COURT WOULD APPEAR HERE]
EXHIBIT 28

IN THE
SECOND DISTRICT
______________________________________________________________________________
JOHN DOE,
Plaintiff-Appellant,
v.
X HARDWARE STORE, a corporation,
Defendants-Appellees.
______________________________________________________________________________
Appeal from the Circuit Court of Lake County, Illinois

Nineteenth Judicial Circuit, No. XXXXXX
The Honorable James M. Smith, Judge Presiding.
_______________
BRIEF AND ARGUMENT OF

PLAINTIFF-APPELLANT
_______________
John Doe
1111 Sandy Lane
(847) 555-5555
that manner]
ORAL ARGUMENT REQUESTED

EXHIBIT 28
POINTS AND AUTHORITIES
I. THE CIRCUIT COURT ERRED IN GRANTING SUMMARY JUDGMENT

FOR DEFENDANT WHERE THE AFFIDAVITS AND DEPOSITIONS ON
FILE CREATED A QUESTION OF FACT REGARDING WHETHER THE
ICE AND SNOW ON ITS PREMISES WAS AN UNNATURAL
ACCUMULATION .................................................................................................3
McCann v. Bethesda Hosp., 80 Ill. App. 3d 544 (1st Dist. 1979) ...........................3, 4, 5, 6
Tzakis v. Dominick’s Finer Foods, Inc., 356 Ill. App. 3d 740 (1st Dist. 2005) ..................4
Kileen v. Dunteman Co., 78 Ill. App. 3d 473 (1st Dist. 1979) ............................................4
Bernard v. Sears, Roebuck & Co., 166 Ill. App. 3d 533 (1st Dist. 1988)............................4
Fitzsimons v. Nat’l Tea Co., 29 Ill. App. 2d 306 (2d Dist. 1961) ...................................4, 5
Gilberg v. Toys “R” Us, Inc., 126 Ill. App. 3d 554 (1st Dist. 1984) ...................................4
Stiles v. Panorama Lanes, Inc., 107 Ill. App. 3d 986 (5th Dist. 1982) ................................5
Foster v. George C. Cyrus & Co., 2 Ill. App. 3d 272 (1st Dist. 1971) ................................5
Branson v. R&L Inv., Inc., 196 Ill. App. 3d 1088 (1st Dist. 1990) .....................................5
[DOE WOULD CONTINUE UNTIL ALL CASES CITED ARE LISTED. HE WOULD LIST
HIS SECOND “POINT” OR ARGUMENT, IF HE HAD ONE, AND LIST ALL OF THE
CASES CITED IN THAT ARGUMENT.]
i
EXHIBIT 28
NATURE OF THE CASE
This appeal involves a personal injury action arising from Plaintiff John Doe’s fall in an
ice-covered parking lot owned and maintained by Defendant X Hardware Store. Plaintiff fell
and broke his arm on January 8, 2004, and this suit was filed on March 25, 2005, alleging that
Defendant was negligent in failing to remove snow and ice from the lot. (C 2-6 V1). Defendant
moved for summary judgment on the ground that the ice in question was a natural accumulation
for which it was not liable as a matter of law. ( C 105-10 V1). In response, Plaintiff filed
portions of his own deposition and that of the store manager that established that the ice in
question resulted from several days of customer traffic on the snow covered lot which caused the
snow to form icy ridges. (C 111-125 V1). The circuit court granted summary judgment in favor
of Defendant on May 10, 2010 (C 126 V1; A-5), and this appeal followed. (C 127-30 V1; A1-4).
No questions are raised on the pleadings.
JURISDICTION
This is an appeal under Supreme Court Rule 301 from a final judgment. The circuit court
granted summary judgment in favor of the Defendant X Hardware Store on May 10, 2010. (C
126 V1; A5). This appeal was filed 30 days thereafter, on June 9, 2010. (C 127-30 V1; A-1-4.).
[OR, IF THIS IS AN APPEAL IN WHICH THE JUDGMENT WAS AS TO ONE BUT NOT
ALL PARTIES OR CLAIMS, IT WOULD READ AS FOLLOWS:
This is an appeal pursuant to Supreme Court Rule 304(a) from a judgment in favor of one
of two Defendants, X Hardware Store. The circuit court granted summary judgment in favor of
X Hardware Store on May 10, 2010, and expressly found in that order that there was no just
cause to delay enforcement or appeal. (C 126 V1; A5). This appeal was filed 30 days thereafter,
on June 9, 2010. (C 127-30l V1; A-1-4). The cause remains pending in the circuit court against
Defendant Acme Manufacturing Company which is not a party to this appeal.]
1
EXHIBIT 28
ISSUE PRESENTED FOR REVIEW
Did the circuit court err in ruling, as a matter of law, that the icy ruts and ridges formed in
Defendant’s parking lot by its customers’ cars were not an unnatural accumulation that should
have been removed to make the premises safe for customers entering and exiting Defendant’s
store?
[FOR EACH ISSUE, THE APPELLANT MUST STATE THE APPLICABLE STANDARD OF
REVIEW, EITHER IN THE DISCUSSION OF THE ISSUE IN THE ARGUMENT OR
UNDER A SEPARATE HEADING PLACED BEFORE A DISCUSSION OF THE ISSUE OF
THE ARGUMENT.]
STATEMENT OF FACTS
Defendant X Hardware Store owns and operates a business at 1212 Beech Street in Lake
Forest, Illinois (C 15 V1), including an adjacent parking lot that it maintains for the use of its
customers. (C 112 V1).
On January 8, 2004, Plaintiff John Doe was a business patron of X Hardware. (C 2 V1).
As such, he parked his car in Defendant’s parking lot. (C2 V1, 42). At that time, the lot was
covered with snow, which had formed icy ruts and grooves as a result of other patrons’ cars
which had also used the lot. (C 2, 45 V1). The lot had not been plowed, scraped, or salted prior
to Plaintiff’s fall. (C 55 V1). The entrance of Defendant’s store, however, had been cleared of
snow and ice. (C 55 V1). As Plaintiff departed the store to return to his car in the parking lot, he
slipped on the icy ruts, fell, and broke his arm. (C 26 V1). Plaintiff filed a complaint against
Defendant on March 25, 2005, alleging that the Defendant was negligent in maintaining the lot
for its customers’ use. (C 2-8 V1).
Defendant moved for summary judgment, alleging there was no genuine issue of material
fact concerning its duties because the snow that had been churned into icy ruts by customer
2
EXHIBIT 28
traffic was a natural accumulation. (C 105-10 V1). The circuit court granted that motion on
May 9, 2010 (C 126 V1; A-5), and this appeal followed. (C 127-30 V1; A-1-5).
STANDARD OF REVIEW
Summary judgment is appropriate when all the pleadings, depositions, admissions and
affidavits demonstrate that there is no genuine issue of material fact and the moving party is
entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2008). “The function of a
reviewing court on appeal from a grant of summary judgment is limited to determining whether
the trial court correctly concluded that no genuine issue of material fact was raised and, if none
was raised, whether judgment as a matter of law was correctly entered.” American Family
Mutual Insurance Co. v. Page, 366 Ill. App. 3d 1112, 1115 (2d Dist. 2006). The decision to
grant summary judgment presents a question of law, which is reviewed de novo. Doria v.
Village of Downers Grove, 397 Ill. App. 3d 752, 756 (2d Dist. 2009).
ARGUMENT
I. THE CIRCUIT COURT ERRED IN GRANTING SUMMARY JUDGMENT FOR

DEFENDANT WHERE THE AFFIDAVITS AND DEPOSITIONS ON FILE
CREATED A QUESTION OF FACT REGARDING WHETHER THE ICE AND
SNOW ON ITS PREMISES WAS AN UNNATURAL ACCUMULATION.
The undisputed evidence in this case established that Plaintiff’s fall was caused, not by
mere snow that had recently fallen, but by icy grooves and ridges created over several days by
traffic that Defendant encouraged by maintaining a parking lot for the use of its customers. (C
42-55 V1).
It is well-settled that a dismissal at a preliminary stage of a proceeding is a drastic action
and, therefore, summary judgments should be granted with caution. McCann v. Bethesda Hosp.,
80 Ill. App. 3d 544, 547 (1st Dist. 1979). A summary judgment should be entered in favor of the
moving party only where the pleadings, depositions, affidavits, and other documents demonstrate
3
EXHIBIT 28
that no genuine issue of fact exists which warrants trying the case, and that the moving party is
entitled to judgment as a matter of law. Tzakis v. Dominick’s Finer Foods, Inc., 356 Ill. App. 3d
740, 745 (1st Dist. 2005). Additionally, courts construe the record strictly against the moving
party and liberally in favor of the opponent of the motion. Kileen v. Dunteman Co., 78 Ill. App.
3d 473, 475 (1st Dist. 1979).
Traditionally, a property owner has not been held liable for injuries sustained by a
business invitee who falls as a result of natural accumulations of ice and snow on the owner’s
property. Bernard v. Sears, Roebuck & Co., 166 Ill. App. 3d 533, 535 (1st Dist. 1988).
However, a well-recognized exception exists in those situations where the action, or inaction, of
the property owner transforms the natural accumulation into an unnatural state. Fitzsimons v.
Nat’l Tea Co., 29 Ill. App. 2d 306 (2d Dist. 1961). In those instances, the rationale is that the
owner has allowed a condition to exist that is tantamount to a defect in his property, and he
should be held liable for any resultant damages.
The elements necessary to be affirmatively shown in order to recover are that the
accumulation of ice, snow, or water was due to natural causes and that the property owner had
actual or constructive knowledge of the condition. Gilberg v. Toys “R” Us, Inc., 126 Ill. App. 3d
554, 557 (1st Dist. 1984). Further, the courts have held that a finding of an unnatural or
aggravation of a natural condition must be based on an identifiable cause of ice formation.
Gilberg, 126 Ill. App. 3d at 557; McCann, 80 Ill. App. 3d at 550-51 (slope of parking lot);
Fitzsimons, 28 Ill. App. 2d at 318 (improper drain placement).
Although the courts have held that a landowner is under no obligation to remove natural
accumulations of snow and ice from his property (Tzakis, 356 Ill. App. 3d at 746), they
nevertheless have recognized that the owner may be liable when the ice on which the Plaintiff
4
EXHIBIT 28
falls accumulates whether as a result of the owner’s aggravating of a natural condition or because
of his conduct that gives rise to a new, unnatural or artificial condition. McCann, 80 Ill. App. 3d
at 551; Fitzsimons, 29 Ill. App. 2d 318-19.
The ruts and ridges in question were caused by vehicular traffic and were not of recent
origin. (C 48 V1). There was no indication that Defendant made any attempt to remove or
minimize the icy conditions through the use of sand, salt, or gravel. (C 55 V1). While no clear
route of ingress or egress was provided from the parking lot to the store, Defendant recognized
its importance and value to its customers by clearing the area in front of the entranceway to the
building. (C 52 V1).
In Stiles v. Panorama Lanes, Inc., 107 Ill. App. 3d 896 (5th Dist. 1982), Justice Harrison,
in his dissent, addressed just such a situation as follows:
The icy ridges and ruts on the parking lot surface were allegedly formed by
automobiles driving on the lot after a snowfall. The automobile traffic occurred
because of defendant’s implied invitation to enter onto the premises for business
purposes. Thus, the character of the initial natural accumulation changed as a
result of defendant’s use of the area concerned. Under such circumstances, the
icy ridges and ruts in the parking lot would constitute unnatural accumulations, in
effect, created by the defendant. 107 Ill. App. 3d at 901 (emphasis added).
The owner of property is under a duty to exercise ordinary care not to create an unsafe
condition with customary and regular use of its property. Foster v. George C. Cyrus & Co., 2 Ill.
App. 3d 274, 278 (1st Dist. 1971). An owner also has a duty to provide business invitees with a
safe means of ingress and egress. Branson v. R&L Inv., Inc., 196 Ill. App. 3d 1088, 1092 (1st
Dist. 1990). It is reasonably foreseeable that the automobiles of a property owner’s business
invitees are going to form ruts in soft snow which will become icy when frozen. It is equally
foreseeable that business invitees will experience extreme difficulty traversing such an area when
5
EXHIBIT 28
these conditions are allowed to exist. A reasonable person in the owner’s position would take
appropriate measures to alleviate this problem by providing a safe pathway to his establishment.
In the case at bar, it is clear that Defendant recognized this situation and the concomitant
duties when it cleared the area in front of its entranceway. However, this limited remedial action
failed to provide Plaintiff, a business invitee, with a safe route of ingress and egress from the
parking lot to the store.
Plaintiff fell as a result of slipping on the ruts and ridges created by the vehicles of
Defendant’s customers. But for Defendant’s implied invitation to enter onto the premises for
business purposes, these vehicles and the resultant ruts would not be present. Hence, this action
of Defendant aggravated a natural condition, transforming its character into an unnatural state.
As per the requirement in McCann, this aggravated natural condition is based on an identifiable
cause to automobiles of Defendant’s business invitees. Therefore, Defendant failed in its duty to
protect Plaintiff from a reasonably foreseeable dangerous condition and should be held
responsible.
There still remain questions as to the length of time this condition was allowed to exist
and what, if any, contributory negligence existed on the part of Plaintiff. Therefore, the order
granting Defendant’s motion for summary judgment was improper and should be vacated.
6
EXHIBIT 28
CONCLUSION
WHEREFORE, for the foregoing reasons, Plaintiff-Appellant John Doe respectfully
requests that this Court reverse the order of the circuit court granting Defendant’s motion for
summary judgment and remand this case for completion of discovery and for trial on the merits.
Respectfully submitted,
(signature)__________________________
John Doe
1111 Sandy Lane
(847) 555-5555
that manner]
7
EXHIBIT 28
CERTIFICATE OF COMPLIANCE
I certify that this brief conforms to the requirements of Rules 341(a) and (b). The
length of this brief, excluding the pages or words contained in the Rule 341(d) cover, the
Rule 341(h)(1) statement of points and authorities, the Rule 341(c) certificate of
compliance, the certificate of service, and those matters to be appended to the brief under
Rule 342(a) is [insert the number] pages or words.
(signature)__________________________
INCLUDE NOTICE OF FILING AND SERVICE

EXHIBIT 29
APPENDIX
EXHIBIT 29
TABLE OF CONTENTS TO APPENDIX
Order dated [DATE] ....................................................................................................... A-1
Any Opinion or Memorandum or Findings of Fact filed [DATE] ................................. A-2
Any Pleading or Other Material from Record Pertinent to Appeal ................................ A-3
Notice of Appeal filed [DATE] ...................................................................................... A-4
Table of Contents to the Record on Appeal .................................................................... A-5

EXHIBIT 29
[COPY OF ORDER YOU ARE APPEALING]
A-1
EXHIBIT 29
[ANY OPINION, MEMORANDUM OR FINDINGS OF FACT
ENTERED OR FILED BY TRIAL JUDGE]
A-2
EXHIBIT 29
[ANY PLEADINGS OR OTHER MATERIAL FROM THE RECORD
THAT ARE BASIS OF APPEAL OR PERTINENT TO IT]
A-3
EXHIBIT 29
JOHN DOE, )
)
Plaintiff-Appellant, )
v. )
)
corporation, and X HARDWARE STORE, ) Hon. James S. Smith,
a corporation, ) Judge Presiding.
)
NOTICE OF APPEAL
Plaintiff-Appellant John Doe, self-represented litigant, appeals to the Appellate Court of

Illinois for the Second District from the following orders entered in this matter in the Circuit
Court of Lake County:
1. The order of September 10, 2009, dismissing with prejudice Count II of his
complaint, alleging strict product liability against Defendant-Appellee X
Hardware Store; and
2. The order of May 9, 2010, granting summary judgment in favor of Defendants-
Appellees Acme Manufacturing Company and X Hardware Store and against
Plaintiff-Appellant John Doe on all remaining claims of the complaint.
By this appeal, Plaintiff-Appellant will ask the Appellate Court to reverse the orders of
September 10, 2009 and May 9, 2010, and remand this cause with directions to reinstate all
counts of the complaint for trial on the merits as to all claims, or for such other and further relief
as the Appellate Court may deem proper.
(signature)_________________________________
John Doe
John Doe
1111 Sandy Lane
(847) 555-5555
A-4
EXHIBIT 29
TABLE OF CONTENTS OF RECORD ON APPEAL
Placita..................................................................................................................................... C 1 V1
Complaint filed April 17, 1995 .............................................................................................. C 2 V1
Summons and Return filed May 2, 1995 ............................................................................. C 10 V1
Appearance of Defendant filed June 1, 1995 ....................................................................... C 12 V1
Motion to Dismiss filed June 1, 1995 .................................................................................. C 13 V1
Order of August 12, 1995 .................................................................................................... C 19 V1
Circuit Court Certification ................................................................................................. C 250 V2
Transcript of Proceedings of August 12, 1995 .......................................................................R 2-50
[CONTINUE UNTIL ALL DOCUMENTS HAVE BEEN LISTED, INCLUDING

ANY EXHIBITS]
A-5
EXHIBIT 30
(example of notice of filing when local rules require paper copies)

SECOND DISTRICT

)
v. )
) James S. Smith,
NOTICE OF FILING
TO: Name and address/e-mail address of attorney for Acme

Name and address of attorney/e-mail address for X Hardware
PLEASE TAKE NOTICE that on [DATE], the undersigned electronically filed the
APPELLANT’S BRIEF with the Clerk of the Appellate Court of Illinois, Second District, 55
Symphony Way, Elgin, IL 60120, a copy of which is herewith served upon you. [Number] paper
copies of APPELLANT’S BRIEF were also submitted to the Clerk pursuant to the Court’s local
rules.
s/ John Doe___________________________________
John Doe
1111 Sandy Lane
(847) 555-5555
INCLUDE CERTIFICATE OF SERVICE

(see Exhibit 1B)
EXHIBIT 31

SECOND DISTRICT

)
v. )
) James S. Smith,
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
Plaintiff-Appellant John Doe, self-represented litigant, moves this Court for a 35-day
extension of time, from September 12, 2010 to and including October 17, 2010, within which to
file his Appellant’s Brief. The verification by certification of John Doe in support thereof is
attached.
(signature)_________________________________
John Doe
1111 Sandy Lane
(847) 555-5555
EXHIBIT 31
VERIFICATION BY CERTIFICATION
I, John Doe, state as follows:
2. Plaintiff’s Appellant’s Brief is currently due on September 12, 2010.
3. Plaintiff is unable to complete and file his Appellant’s Brief on September 12,
2010, because [INSERT REASON].
Procedure, I certify that the statements set forth in this instrument are true and correct to the best
of my knowledge, information, and belief.
Executed on [DATE]
(signature)_________________________________
John Doe
INCLUDE NOTICE OF FILING AND CERTIFICATE OFSERVICE

EXHIBIT 31
SECOND DISTRICT

)
v. )
) James S. Smith,
ORDER
This matter coming on to be heard on the motion of Plaintiff-Appellant John Doe to

extend time to file Appellant’s Brief, notice having been given and the Court being fully advised
in the premises:
IT IS HEREBY ORDERED that the motion of Plaintiff-Appellant for leave to extend

time to file Appellant’s Brief to and including October 17, 2010, is ALLOWED / DENIED.
__________________________________________
Justice
__________________________________________
Justice
__________________________________________
Justice
John Doe
1111 Sandy Lane
(847) 555-5555
EXHIBIT 32

SECOND DISTRICT

Plaintiff-Appellee, ) Illinois.
)
v. )
) James S. Smith,
Defendants-Appellants. ) Judge Presiding.
APPEARANCE
Plaintiff-Appellee John Doe hereby enters his appearance as a self-represented litigant in

this case.
(signature)_________________________________
John Doe
1111 Sandy Lane
(847) 555-5555

EXHIBIT 33

IN THE
SECOND DISTRICT
______________________________________________________________________________
JOHN DOE,
v.
Defendant-Appellee.
______________________________________________________________________________

_______________
BRIEF AND ARGUMENT OF

DEFENDANT-APPELLEE
_______________
Attorney for Defendant-Appellee

Address
Telephone
E-mail address

EXHIBIT 33
POINT AND AUTHORITIES
I. DEFENDANT WAS ENTITLED TO JUDGMENT AS A MATTER OF LAW

UNDER THE UNDISPUTED EVIDENCE ESTABLISHING THAT
PLAINTIFF’S FALL WAS CAUSED BY THE NATURAL ACCUMULATION
OF ICE AND SNOW ON DEFENDANT’S PREMISES. ......................................3
Tzakis v. Dominick’s Finer Foods, Inc., 356 Ill. App. 3d 704 (1st Dist. 2005) ..................3
Zide v. Jewel Tea Co., 39 Ill. App. 2d 217 (2d Dist. 1963).............................................3, 4
Erasmus v. Chi. Hous. Auth., 86 Ill. App. 3d 142 (1st Dist. 1980) .................................3, 4
Fitzsimons v. Nat’l Tea Co., 29 Ill. App. 2d 306 (2d Dist. 1961) .......................................3
McCann v. Bethesda Hosp., 80 Ill. App. 3d 544 (1st Dist. 1979) .......................................3
Stiles v. Panorama Lanes, Inc., 107 Ill. App. 3d 896 (5th Dist. 1982) ................................4
i
EXHIBIT 33
NATURE OF THE CASE
Plaintiff John Doe’s single-count complaint against Defendant X Hardware Store alleged
that he slipped and fell as a result of an “unnatural” accumulation of ice and snow in a parking
lot owned by Defendant. (C 1-3 V1). Based on the undisputed evidence establishing that
Plaintiff slipped on a natural accumulation of ice in the parking lot, the trial court granted
summary judgment in favor of Defendant. (C126 V1; A-5). This appeal followed. (C 127-30
V1; A-1-4). No questions are raised on the pleadings.
ISSUE PRESENTED FOR REVIEW
Was Defendant landowner entitled to judgment as a matter of law when the undisputed
evidence established that the ice on which Plaintiff purportedly slipped accumulated naturally
and not as a result of any defect in the premises or any conduct on Defendant’s part?
STATEMENT OF FACTS
On March 25, 2005, Plaintiff John Doe filed a single count complaint alleging in
pertinent part that he slipped and fell on ice in a parking lot owned by Defendant X Hardware
Store on January 8, 2004, and that Defendant had “allowed and permitted” an “unnatural”
accumulation of ice and snow to form. (C 1-2 V1). The following undisputed facts were
established at Plaintiff’s deposition:
1. When Plaintiff entered the parking lot, he noticed it was slippery (C 42-43 V1);
2. The lot had not been plowed, scraped, or salted (C 45 V1);
3. Plaintiff noticed that the surface of the ice was uneven because of tire ruts, but it
was the slippery surface, not the ruts, that caused him to fall (C 44 V1); and
4. In Plaintiff’s opinion, the accumulation in the lot appeared to be “snow that had
been driven through that became ice” (C 55 V1).
1
EXHIBIT 33
In response to Defendant’s motion for summary judgment, Plaintiff failed to present any
evidence that Defendant had created the icy condition of the parking lot through improper
attempts of snow removal, or that the ice had formed as a result of some defect in the parking
lot’s design. Instead, he asserted only that his deposition (in which he claimed to have fallen as a
result of the slippery surface rather than the ruts or grooves) created a question of fact “as to
whether the ruts, bumps, and grooves formed in the slush by the tires and then frozen over is or
is not a natural condition.” (C 37 V1).
After considering the pleadings and the arguments, the circuit court granted summary
judgment for Defendant. (C 126 V1). This appeal followed.
STANDARD OF REVIEW
Summary judgment is appropriate when all the pleadings, depositions, admissions and
affidavits demonstrate that there is no genuine issue of material fact and the moving party is
entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2008); Wagemann Oil Co.
v. Marathon Oil Co., 306 Ill. App. 3d 562, 566-67 (1st Dist. 1999). Upon a defendant’s motion
for summary judgment, “a plaintiff has an affirmative duty to bring forth all facts and evidence
that satisfy his burden of proving the existence of a cognizable cause of action.” Holland v.
Arthur Andersen & Co., 212 Ill. App. 3d 645, 652-53 (1st Dist. 1991). If a plaintiff cannot
establish any element of his cause of action, summary judgment for the defendant is proper.
Lawrence & Allen v. Cambridge Human Resource Group, Inc., 292 Ill. App. 3d 131, 135 (2d
Dist. 1997). The appellate court reviews an order granting summary judgment de novo and
without giving any deference to the judgment of the circuit court. E.g., Zahl v. Krupa, 399 Ill.
App. 3d 993, 1012 (2d Dist. 2010).
2
EXHIBIT 33
ARGUMENT
I. DEFENDANT WAS ENTITLED TO JUDGMENT AS A MATTER OF LAW

UNDER THE UNDISPUTED EVIDENCE ESTABLISHING THAT PLAINTIFF’S
FALL WAS CAUSED BY THE NATURAL ACCUMULATION OF ICE AND
SNOW ON DEFENDANT’S PREMISES.
It is well-established that a property owner has no duty to remove ice and snow from its
premises. Tzakis v. Dominick’s Finer Foods, Inc., 356 Ill. App. 3d 740, 746 (1st Dist. 2005).
Therefore, a property owner “is not liable for injury sustained by a business invitee in a fall on an
icy sidewalk or parking lot maintained by the property owner for the use of its customers where
the condition is a natural one and not caused or aggravated by the property owner.” Zide v.
Jewel Tea Co., 39 Ill. App. 2d 217, 222-23 (2d Dist. 1963). Accordingly, in order to withstand a
motion for summary judgment, a plaintiff must show by affirmative evidence that the snow or
ice accumulated either as “the direct result of the landowner’s [snow] cleaning operations” or
because of “design deficiencies that promote unnatural accumulations of ice and snow.’
Erasmus v. Chi. Hous. Auth., 86 Ill. App. 3d 142, 145 (1st Dist. 1980).
In the instant case, there was no allegation or evidence that the icy condition of the
parking lot was caused by negligent attempts at snow removal. To the contrary, Plaintiff himself
testified that the lot had not been plowed, scraped, or salted. (C 45 V1). Nor was there any
allegation, let alone evidence, that there was a design deficiency, such as an improper slant or
slope in the lot, which caused ice to accumulate at the spot where Plaintiff fell.
In sum, there simply was no evidence presented from which a jury might find that the
snow and ice in Defendant’s parking lot was an “unnatural accumulation” as that term has been
interpreted by case law. See, e.g., Fitzsimons v. Nat’l Tea Co., 29 Ill. App. 2d 306, 318-19 (2d
Dist. 1961) (store’s improper snow removal caused unnatural accumulation of ice); McCann v.
Bethesda Hosp., 80 Ill. App. 3d 544, 549-51 (1st Dist. 1979) (excessive slope of parking lot
3
EXHIBIT 33
caused unnatural accumulation). In the absence of such an affirmative showing, there was no
question of fact to be resolved by a jury, and Defendant was entitled to judgment as a matter of
law.
The gist of Plaintiff’s argument is that the accumulation in question should be considered
“unnatural” because traffic caused the snow to turn to ice. However, it is established that
changes in the surface of naturally accumulated snow or ice as a result of normal usage do not
constitute an “unnatural accumulation”. Thus, in a case where Plaintiff actually tripped on a tire
rut formed by traffic, summary judgment for Defendant landowner was affirmed as follows:
In the instant case all that the defendant may be said to have done to cause an
unnatural accumulation of snow and ice is to suffer its customers to use its
parking lot while snow was upon the ground. In view of the fact that only
ordinary vehicular traffic caused the ruts of which plaintiff complains in a place
intended for use by such vehicles, we do not think that the ruts resulting from
such use may be said to have been an unnatural accumulation of snow and ice
created by the defendant. Stiles v. Panorama Lanes, Inc., 107 Ill. App. 3d 896,
899 (5th Dist. 1982) (emphasis added).
The Stiles ruling was based on this Court’s opinion in Zide v. Jewel Tea Co., 39 Ill. App.
2d 217 (2d Dist. 1963). There, as here, Plaintiff contended that the unnatural accumulation of ice
in a parking lot was established by her testimony, without more, that the ice on which she fell
was “ridged”. Nevertheless, this Court reversed a jury verdict for Plaintiff and remanded the
cause with directions that judgment be entered for Defendant because there was “absolutely no
evidence” that the ice itself was caused to form or aggravated by Defendant’s conduct. 39 Ill.
App. 2d at 224.
Similarly, in Erasmus, 86 Ill. App. 3d 142, the plaintiff contended on appeal that
summary judgment for the defendant was improper where there was evidence that pedestrian
traffic on a sidewalk maintained by the defendant created the ridged, uneven ice on which she
fell. The court affirmed the summary judgment, noting:
4
EXHIBIT 33
The plaintiff must show that the exposed stratum of ice was itself an unnatural
accumulation, created directly or indirectly by the defendant. (Citation omitted).
Here, plaintiff has offered no facts which would allow a jury to find that the ice
on the sidewalk was anything other than a natural accumulation. The pedestrian
traffic that, presumably, created the rutted and uneven surface cannot be
considered ‘unnatural’ on an urban sidewalk…. On the record in this case the
trial court could not find, as a matter of law, that the icy sidewalk was the product
of a natural accumulation… 86 Ill. App. 3d at 14 (emphasis added).
Likewise, on the record in this case, the trial court properly found that the evidence
established that Plaintiff fell on a natural accumulation, and that the ruts caused by ordinary
vehicular traffic did not constitute an unnatural accumulation or otherwise afford a basis for
liability. The order granting summary judgment in favor of Defendant was, therefore, properly
entered and should be affirmed.
CONCLUSION
WHEREFORE, for the foregoing reasons, Defendant-Appellee X Hardware Store
respectfully requests that this Court affirm the order of the circuit court granting Defendant’s
motion for summary judgment.
(signature)___________________________
Attorney for Defendant-Appellee
5
EXHIBIT 33
I certify that this brief conforms to the requirements of Rules 341(a) and (b). The length
of this brief, excluding the pages or words contained in the Rule 341(d) cover, the Rule 341(h)(1)
statement of points and authorities, the Rule 341(c) certificate of compliance, the certificate of
service, and those matters to be appended to the brief under Rule 342(a), is [insert the number]
pages or words.
(signature)___________________________

6
EXHIBIT 34

IN THE
SECOND DISTRICT
______________________________________________________________________________
JOHN DOE,
v.
Defendant-Appellee.
______________________________________________________________________________

_______________
REPLY BRIEF OF PLAINTIFF-APPELLANT

_______________
John Doe
1111 Sandy Lane
(847) 555-5555
that manner]

EXHIBIT 34
ARGUMENT
I. THE ACTION OF THE AUTOMOBILES OF DEFENDANT’S PATRONS

TRANSFORMED THE SNOW AND ICE INTO UNNATURAL RUTS AND
RIDGES.
Defendant cites the majority opinion in the case of Stiles v. Panorama Lanes, Inc., 107 Ill.
App. 3d 896 (5th Dist. 1982), which relied on the rationale in Zide v. Jewel Tea Co., 39 Ill. App.
2d 217 (2d Dist. 1963). An examination of Zide reveals that it can be easily reconciled with the
present case. The Zide Court properly set aside the verdict of the jury because Plaintiff failed to
introduce any evidence as to the cause of the icy ridge that resulted in the fall. 39 Ill. App. 2d at
225. As the Zide Court correctly noted, some evidence must be introduced that reveals icy
ridges were formed and aggravated by a negligent act or omission of Defendant. 39 Ill. App. 2d
at 225-28.
Defendant similarly cites the case of Timmons v. Turski, 103 Ill. App. 3d 36 (5th Dist.
1981). In Timmons, the defendant had merely shoveled a sidewalk exposing ice that had
naturally formed underneath. The plaintiff failed to introduce any evidence that the exposed ice
was unnaturally formed through some act by the defendant. 103 Ill. App. 3d at 38-39.
In the present case, Plaintiff introduced evidence, unrefuted by Defendant, that the ruts
and ridges were not a naturally occurring formation but had only been formed by the action of
the automobiles of Defendant’s patrons. But for Defendant’s invitation to these patrons to utilize
the parking lot provided, no such formation would have been created. The snow and ice did not
naturally form into the types of ruts and ridges at issue. Requiring Defendant to assume
responsibility for the dangerous conditions created in its own parking lot by the automobiles of
its business invitees would not be placing Defendant in the position of an absolute insurer of the
1
EXHIBIT 34
safety of its patrons. Rather, it is the logical application of the rule that requires Defendant to
provide a safe means of ingress and egress to its establishment.
By requesting that the decision of the circuit court be allowed to stand, Defendant is
seeking to have this Court permit it to continue to reap the enormous benefit of the customers’
patronage while exculpating it of any responsibility for the harm that may befall its customers as
they attempt to traverse the area from its lot to its store. Such would not occur but for the
dangerous conditions created in Defendant’s parking lot as a result of Defendant’s invitation to
its patrons to utilize the lot.
It is easily foreseeable that hazardous conditions will occur when the automobiles of
Defendant’s customers make ruts and ridges that will freeze and therefore become a dangerous
obstacle when one attempts to walk from a car parked in the lot to Defendant’s establishment.
To allow such conditions to exist with no responsibility for them is to require the
customers to assume an unconscionable risk of injury which, to this point, the courts in Illinois
have always resisted.
2
EXHIBIT 34
CONCLUSION
WHEREFORE, for all of the reasons herein, as well as in his opening brief, Plaintiff-
Appellant John Doe respectfully requests that this Court reverse the order of the circuit court
granting summary judgment in favor of Defendant and remand this cause for further discovery
and trial.
(signature)___________________________
John Doe
1111 Sandy Lane
(847) 555-5555
that manner]
3
EXHIBIT 34
of this brief, excluding the pages or words contained in Rule 341(d) cover, the Rule 341(h)(1)
service, and those matters to be appended to the brief under Rule 342(a) is [insert the number]
pages or words.
(signature)______________________________

4
EXHIBIT 35
No. [to be provided by Supreme Court]

______________________________________________________________________________
IN THE
SUPREME COURT OF ILLINOIS
______________________________________________________________________________
JOHN DOE,
Plaintiff-Petitioner,
v.
Defendant-Respondent.
______________________________________________________________________________
On Petition for Leave to Appeal from the

Appellate Court of Illinois, Second District, No. X-XX-XXXX
There heard on appeal from the Circuit Court of the
Nineteenth Judicial Circuit, Lake County, Illinois
No. XXXXX
Honorable James M. Smith, Judge Presiding
____________________
_______________
PETITION FOR LEAVE TO APPEAL

_______________
John Doe
1111 Sandy Lane
(847) 555-5555
that manner]
Plaintiff-Petitioner, self-represented litigant

EXHIBIT 35
PRAYER FOR LEAVE TO APPEAL
Plaintiff-Petitioner John Doe, a self-represented litigant, pursuant to Illinois Supreme
Court Rule 315(a), respectfully petitions this Court for leave to appeal from the judgment of the
Appellate Court of Illinois, Second Judicial District.
JUDGMENT BELOW
On August 28, 2010, the appellate court issued a decision affirming an order of the
Circuit Court of Lake County, Illinois, granting summary judgment against Petitioner and in
favor of Respondent X Hardware Store. The court found that an icy condition of Respondent’s
parking lot, which caused Petitioner to fall, was a “natural condition” even though it was created
by the automobile traffic of Respondent’s business patrons.
On September 18, 2010, Petitioner filed a Petition for Rehearing in the appellate court
which was denied in an order entered on November 19, 2010.
POINTS RELIED UPON FOR REVIEW
This Court should grant leave to appeal in this matter for the following reasons:
1. The appellate court in this case has determined that a business entity, which is
otherwise responsible for providing its customers with safe ingress and egress from its premises,
nonetheless has no duty to remedy unsafe conditions created by other customers, even when such
conditions are known to the business entity. Such a blanket departure from the long-recognized
rule that a business entity has a duty to take reasonable measures to protect its business invitees
from harm should not become the law of this State without further review by this Court.
2. The appellate court’s decision is contrary to that of the Illinois Appellate Court,
First District, [or of this Court] in [INSERT NAME AND CITE OF CASE] and that conflict
should be resolved by this court. [NOTE – YOU CAN ONLY MAKE THIS CLAIM IF, IN
1
EXHIBIT 35
FACT, THERE IS ANOTHER DECISION CONTRARY TO THE DECISION IN YOUR
CASE.]
STATEMENT OF FACTS
[Write out the statement of facts, as in the Appellant’s Brief – Exhibit 28]
ARGUMENT
[Write out the argument, as in the Appellant’s Brief – Exhibit 28]
CONCLUSION
For the foregoing reasons, Plaintiff-Petitioner respectfully requests that the Court grant
his petition for leave to appeal.
(signature)___________________________
John Doe
1111 Sandy Lane
(847) 555-5555
that manner]
Plaintiff-Petitioner, self-represented litigant
2
EXHIBIT 35
of this brief, excluding the pages or words contained in the Rule 341(d) cover, the Rule 341(h)(1)
service, and those matters to be appended to the brief under Rule 342(a) is [insert number] pages
or words.
____________________________________

3
EXHIBIT 36
[Reserved]
EXHIBIT 37
No. [Supreme Court No.]

IN THE
SUPREME COURT OF ILLINOIS
) On leave to appeal from the

) Appellate Court of Illinois, Second
JOHN DOE, ) District, No. X-XX-XXXX.
)
Plaintiff-Appellant, ) There on appeal from the Circuit
) Court of the Nineteenth Judicial
v. ) Circuit, Lake County, Illinois,
) No. XXXXXXXX.
X HARDWARE STORE, a corporation, )
) Honorable
Defendant-Appellee. ) James M. Smith,
) Judge Presiding.
NOTICE OF ELECTION
Plaintiff-Appellant John Doe, self-represented litigant, states that he elects to allow his
Petition for Leave to Appeal to stand as the Appellant’s Brief [OR he elects to file an Appellant’s
Brief in this appeal].
(signature)_________________________________
John Doe, Appellant, self-represented litigant
1111 Sandy Lane
(847) 555-5555
that manner]
[THIS NOTICE IS GENERALLY DUE 14 DAYS AFTER THE SUPREME COURT GRANTS
LEAVE TO APPEAL. INCLUDE A NOTICE OF FILING AND CERTIFICATE OF SERVICE
AND SERVE ON ALL OPPOSING COUNSEL OR PARTIES (e.g., Exhibits 1A and 1B)]

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All Rights Reserved

This publication is designed to provide information in regard to the subject matter

Updated and revised in November 2018 by:

Chad M. Clamage Susan M. Horner

Co-chairs of the Committee on

(rev’d November 2018)

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

A. THE APPELLATE PROCESS ................................................................................. I-1

1. The Common Law Record ........................................................................ I-1

2. The Report of Proceedings ....................................................................... I-1

3. The Parties’ Briefs ................................................................................... I-1

C. ELECTRONIC FILING .......................................................................................... I-2

D. APPROVED FORMS FOR SELF-REPRESENTED PARTIES ..................................... I-4

II. WHEN TO APPEAL ....................................................................................................... II-1

A. APPEALS FROM FINAL ORDERS ....................................................................... II-1

B. JUDGMENTS AS TO FEWER THAN ALL PARTIES OR ALL CLAIMS ..................... II-2

C. MATTERS OTHERWISE APPEALABLE AS OF RIGHT .......................................... II-3

D. MATTERS OTHERWISE APPEALABLE BY PERMISSION ..................................... II-5

III. STARTING THE APPEAL PROCESS—APPEALS AS OF RIGHT ...................................... III-1

A. THE NOTICE OF APPEAL ................................................................................. III-1

B. FILING AND SERVICE ...................................................................................... III-1

D. STAY OF JUDGMENT PENDING APPEAL .......................................................... III-4

1. Stay of Money Judgments ..................................................................... III-4

2. Stay of Other Judgments ....................................................................... III-4

3. Extension of Time to File Bond .............................................................. III-4

4. Stays by the Appellate Court ................................................................. III-4

5. Automatic Stay Pending Appeal of Termination of

6. Automatic Stay – Permissive Appeals ..................................................... III-5

A. SUPREME COURT RULE 306 APPEALS ............................................................. IV-1

B. SUPREME COURT RULE 308 APPEALS ............................................................. IV-2

V. THE DOCKETING STATEMENT ...................................................................................... V-1

VI. PREPARING AND FILING THE RECORD ON APPEAL ..................................................... VI-1

A. TRANSCRIPTS OF COURT PROCEEDINGS ......................................................... VI-1

1. Ordering the Transcripts ......................................................................... VI-1

2. Correcting Mistakes ............................................................................... VI-2

3. Additional Time for Filing the Transcripts ............................................... VI-2

B. WHAT TO DO IF THERE WAS NO COURT REPORTER—THE

C. PREPARATION OF THE RECORD ON APPEAL .................................................... VI-3

1. Ordering the Record on Appeal ............................................................... VI-4

2. Payment of the Preparation Fee .............................................................. VI-4

D. FILING THE RECORD ON APPEAL ..................................................................... VI-5

1. Filing of the Record in the Appellate Court .............................................. VI-5

E. SUPPLEMENTAL RECORD ................................................................................ VI-5

F. SUPPORTING RECORD ..................................................................................... VI-6

G. SPECIAL RULES FOR RECORDS IN CERTAIN CASES ........................................ VI-6

VII. CHILD CUSTODY OR ALLOCATION OF PARENTAL RESPONSIBILITIES APPEALS ....... VII-1

A. STARTING THE APPEAL ................................................................................... VII-1

B. FILING AND SERVICE ...................................................................................... VII-2

C. DOCKETING STATEMENT ................................................................................ VII-3

D. MANDATORY EXPEDITED DISPOSITION .......................................................... VII-4

1. Special Caption ...................................................................................... VII-4

2. Service Upon the Circuit Court ............................................................... VII-4

3. Status Hearing ...................................................................................... VII-4

5. Deadline for Decision ............................................................................. VII-4

6. Local Rules ............................................................................................ VII-5

7. Briefing Schedule ................................................................................... VII-5

E. ORAL ARGUMENT ............................................................................................ VII-5

F. AFTER THE APPELLATE COURT RULES ........................................................... VII-5

VIII. APPEALS FROM FINAL ADMINISTRATIVE ORDERS ................................................. VIII-1

A. THE PETITION FOR REVIEW ........................................................................... VIII-1

B. PREPARING AND FILING THE RECORD FOR REVIEW ..................................... VIII-2

IX. PREPARING AND FILING THE APPELLANT’S BRIEF ...................................................... IX-1