Instructions for Filing an Appeal
(Rev. 3/24/06) CCA 0026 A
INSTRUCTIONS FOR FILING AN APPEAL
Article III, 301-384 of the Rules of Supreme Court govern appeals to the Illinois appellate court. Further information for filing an appeal in a civil case may be found by contacting the Pro Se help desk, located on the 6th floor in Civil Division.
A. CIVIL APPEAL A civil appeal is a review by the Appellate Court of the final decision of the Circuit Court. The review process does not constitute a new hearing or trial. The Appellate Court will consider only the following information in a civil appeals case; 1. The common law record, which consists of the entire trial documents filed, judgment and order entered by the trial court; 2. All documentary exhibits entered at the trial, except for those other exhibits that cannot ordinarily be included for the review and are subject to motion; and 3. Reports of proceedings prepared in accordance with Rule 323. *In determining what is properly before the reviewing court, there is no distinction between common law record and report of proceedings. B. APPELLANT The appellant is the party appealing the final decision of the trial court. C. APPELLEE The appellee defends against the appeal.
II. COPIES TO OTHER PARTIES
A. NOTICE OF APPEAL OR CROSS-APPEAL AND DESIGNATION OF RECORD The court rules insist upon the party filing a document with the court to provide a copy to the other party involved with the litigation. Proof that the other party has been notified accompanies each document filed with the court. This is called Proof of Service. If an attorney represents the other party, the documents must be served on the attorney. B. TRANSMISSION OF RECORD ON APPEAL Record on Appeal may be transmitted directly to the reviewing court. See Rule 325 of Illinois Supreme Court. The appellant is responsible for specifying on Notice of Appeal OR Cross-Appeal and Designation of Record form what items are to be in the record. This is called "designating the record" and must be done in every case.
III. TO FILE AN APPEAL
A. Who is entitled to a Civil Appeal? 1. Any party to a civil proceeding who believes that the Circuit Court applied the law incorrectly.
(Rev. 3/24/06) CCA 0026 B 2. A party involved in a civil proceeding who believes the court decided incorrectly in view of the evidence presented in the case. B . When may a Civil Appeal be filed? An appeal from the Circuit Court may be maintained under the circumstances stated below: 1. Rule 301 stipulates that every final decision of a Circuit Court in a civil case may be appealed as of right. 2. Rule 302 discusses the instances when an appeal may be maintained directly with the US Supreme Court. (a). Cases addressing the validity of a state or federal statute; (b). Rule 21 (c) proceedings involving certain orders entered by the Chief Circuit Court compelling a person or agency to comply with an administrative order of the chief judge; and (c). Cases requiring expeditious determination because of an existing public interest. C. How to file a Civil Appeal 1. Notice of Appeal (Supreme Court Rule 303) Complete and file a Notice of Appeal OR Cross-Appeal and Designation of Record form with the Clerk of the Circuit Court within 30 days after entry of the final judgment, or 30 days after the entry of the order disposing of the last-pending post-judgment motion. 2. Filing Fee 705 ILCS 105/27.2a and (k)(2) dictate the fees for processing the record to be sent to the Appellate Court. a. At the time of filing an appeal, a payment is due for $110. Make checks or money orders payable to the Clerk of the Circuit Court of Cook County. The $50 reduced appeals filing fee applies to the municipalities/school districts. b. Pursuant to Sub-section (k)(2), the $110 filing fee is subject to increase if the requested case documents exceed 100 pages. The Civil Appeals Division will contact you prior to proceeding with your request if additional fees apply. Refer to the Notice of Appeal OR Cross-Appeal and Designation of Record form for the specific documents you may need to appeal your case. c. If you cannot afford to pay the filing fee, you may file an "Application and Affidavit to Sue or Defend as an Indigent Person" (Form CCG N689 A-25M-8/05/04), asking the court to waive the fees for appealing your case. Form CCG N689 (298) must be approved in advance of filing your appeal. A copy of the approved petition should accompany your Notice of Appeal OR Cross-Appeal and Designation of Record form at the time of filing an appeal in the Civil Appeals Division. Pursuant to 820 ILCS 405/1100 (Review by the Courts of decisions on benefits), any decision of the Board of Review or of the Director in cases of decisions made in accordance with Sections 800 and 801 (820 ILCS 405/800 and 820 ILCS 405/801) shall be reviewable in accordance with 735 ILCS 5/3-101 guidelines. There is no filing fee in benefits' appeals claims with a court order to proceed to defend as an indigent person. 3. Bond No bond is required to file an appeal in a civil case, unless there is a court order instructing the appellant to submit a bond to the Clerk of the Circuit Court of Cook County. 4. Appeal bond order The Appeal Bond form shall be completed at the direction of the court, showing the amount of bond to proceed with an appeal. The appellant may motion the court to waive or reduce the bond amount. DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS