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Illinois Notice of Appeal

Illinois also lets a late notice be excused on motion and sends small-claims judgments through the same Rule 303 appeal as any other civil case.

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Introduction

Illinois requires a notice of appeal from a final civil judgment to be filed with the clerk of the circuit court within 30 days after entry of that judgment, not after any later notice of its entry (Ill. S. Ct. R. 303(a)(1)). If a timely postjudgment motion directed against the judgment, such as a motion for a new trial, to reconsider, or to vacate, is filed, the 30-day clock instead runs from entry of the order disposing of the last pending such motion, and no request to reconsider a ruling on a postjudgment motion tolls that deadline (R. 303(a)(1)-(2)). Illinois is unusual in also permitting a late notice: on a motion showing reasonable excuse, filed in the Appellate Court within 30 days after the original deadline expires, together with the proposed notice of appeal and the filing fee, the reviewing court may still allow the appeal to proceed (R. 303(d)). The notice goes to the circuit clerk, who transmits it to the Appellate Court of Illinois within 5 days (R. 303(a)(1), (a)(4)); an Illinois small-claims judgment in a tort or contract action for money not over $10,000, exclusive of interest and costs, is appealed the same way, on the same 30-day clock, with no separate small-claims track and no new trial. Filing the notice does not by itself stop collection of the judgment; only a bond or other security presented to, approved by, and filed with the circuit court within the time to appeal stays enforcement of a money judgment (R. 305(a)). This page builds an Illinois notice of appeal from a final civil judgment; criminal appeals, administrative agency review, federal court appeals, and interlocutory appeals from non-final orders follow different rules and are outside its scope. Illinois publishes an official Notice of Appeal form, NAA-N 2803.4, that filers are strongly encouraged, though not required, to use, and attorney review is available before you file.

Key Things to Know

  1. 1

    Illinois requires a notice of appeal within 30 days after entry of the final judgment, not after any later notice of its entry; a timely postjudgment motion directed against the judgment (a motion for a new trial, to reconsider, or to vacate) restarts the clock from entry of the order disposing of the last pending such motion, and no request to reconsider that ruling tolls the deadline (Ill. S. Ct. R. 303(a)(1)-(2)).

  2. 2

    Illinois allows a late-filing safety valve most states do not: on a motion showing reasonable excuse, filed in the Appellate Court within 30 days after the original deadline expires, with the proposed notice of appeal and the filing fee, the court may allow the notice to be filed late (Ill. S. Ct. R. 303(d)).

  3. 3

    An Illinois small-claims judgment (a tort or contract action for money not over $10,000, exclusive of interest and costs) is appealed exactly the same way as any other civil judgment, straight to the Appellate Court of Illinois under the same Rule 303 and the same 30-day clock; there is no trial de novo, no separate small-claims deadline, and either party may appeal (Ill. S. Ct. R. 281; R. 303).

  4. 4

    File the notice with the clerk of the circuit court that entered the judgment, not the Appellate Court; the circuit clerk transmits it to the clerk of the Appellate Court of Illinois within 5 days (Ill. S. Ct. R. 303(a)(1), (a)(4)).

  5. 5

    Illinois publishes a statewide Notice of Appeal form, NAA-N 2803.4, that the Illinois Courts' self-help guide says filers are strongly encouraged, though not required, to use; where a filer uses it, the court's form controls what goes in each blank.

  6. 6

    The notice must name the court appealed to and the circuit court appealed from, title the case with each party's appellant or appellee designation, specify the judgment or order appealed from and the relief sought, and give the name and address of each appellant or the appellant's attorney (Ill. S. Ct. R. 303(b)); within 7 days after filing, the appellant must also serve it on every other party and file proof of service with the Appellate Court clerk (R. 303(c)).

  7. 7

    Filing the notice does not by itself stop collection of the judgment: a money judgment is stayed only if a bond or other security is presented to, approved by, and filed with the circuit court within the time to appeal (Ill. S. Ct. R. 305(a)); once docketed, the Appellate Court charges a filing fee of $50.00 for appellants and $30.00 for other parties who appear or file (Ill. S. Ct. R. 313(a)) (confirm the current fee with the clerk).

Key decisions before you file

Before you file a Notice of Appeal in Illinois, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

Open the Notice of Appeal guide

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Illinois Requirements for Notice of Appeal

  • 30-Day Deadline From Entry of Judgment

    The notice of appeal must be filed with the circuit clerk within 30 days after entry of the final judgment appealed from, not after a later notice of its entry (Ill. S. Ct. R. 303(a)(1)).

  • Postjudgment Motions Restart the Clock

    A timely postjudgment motion directed against the judgment, such as a motion for a new trial, to reconsider, or to vacate, restarts the 30-day clock from entry of the order disposing of the last pending such motion; no request to reconsider that ruling tolls the deadline (Ill. S. Ct. R. 303(a)(1)-(2)).

  • Late Notice Allowed on Reasonable Excuse

    On a motion showing reasonable excuse for the late filing, filed in the Appellate Court within 30 days after the original deadline expires, with the proposed notice of appeal and the filing fee, the reviewing court may grant leave to appeal (Ill. S. Ct. R. 303(d)).

  • Filed With the Circuit Clerk, Not the Appellate Court

    The notice is filed with the clerk of the circuit court that entered the judgment; within 5 days the circuit clerk transmits it to the clerk of the Appellate Court of Illinois (Ill. S. Ct. R. 303(a)(1), (a)(4)).

  • Official Notice of Appeal Form NAA-N 2803.4

    Illinois publishes an approved statewide Notice of Appeal form, NAA-N 2803.4, that filers are strongly encouraged, though not required, to use; where used, the court's form controls the content of the filing.

  • Required Contents Under Rule 303(b)

    The notice must name the court appealed to and from, title the case with each party's appellant or appellee designation, specify the judgment or order appealed from and the relief sought, and give the name and address of each appellant or the appellant's attorney (Ill. S. Ct. R. 303(b)).

  • Service on Other Parties Within 7 Days

    Within 7 days after filing, the appellant must serve the notice of appeal on every other party and file a notice of filing with proof of service with the clerk of the Appellate Court (Ill. S. Ct. R. 303(c)).

  • Bond Needed to Stay Enforcement, Not to Appeal

    No bond is required to perfect the appeal, but enforcement of a money judgment is stayed only if a bond or other security is presented to, approved by, and filed with the circuit court within the time to appeal (Ill. S. Ct. R. 305(a)).

  • Appellate Docket Fee

    Once the appeal is docketed, all appellants pay a $50.00 filing fee and all other parties who enter an appearance or file a document pay $30.00 (Ill. S. Ct. R. 313(a)); confirm the current fee with the clerk.

Frequently Asked Questions