Appeals in Illinois

In most Illinois civil cases, a notice of appeal must be filed with the circuit court clerk within 30 days after entry of the final judgment. If a timely postjudgment motion directed against that judgment is filed, the deadline generally runs from entry of the order disposing of the last pending motion directed against the judgment. Different rules apply to some orders entered before the whole case is over. For example, certain injunction orders may be appealed immediately, while review of a temporary restraining order under the applicable rule can require a petition within two days. The order and the applicable rule should be reviewed promptly. Illinois Supreme Court Rule 303(a); Illinois Supreme Court Rule 304; Illinois Supreme Court Rule 307.

Most civil appeals from an Illinois circuit court go to the Illinois Appellate Court. Illinois has five judicial districts (appeals from Cook County go to the First District). Further review by the Illinois Supreme Court is generally discretionary. A petition for leave to appeal ordinarily must be filed within 35 days after entry of the Appellate Court’s judgment. A timely petition for rehearing, and in some cases a timely motion to publish, can change the applicable starting point. Illinois Constitution, article VI, § 2; Illinois Supreme Court Rule 315(a)–(b).

The route depends on the statute governing the agency and the decision. When the Illinois Administrative Review Law applies, a challenge to a final agency decision generally begins with a complaint in circuit court, not a notice of appeal under the ordinary civil-appeal rule; the statute generally requires filing the complaint and issuance of summons within 35 days after service of the decision. Some statutes instead authorize a petition for direct review in the Appellate Court, generally within 35 days after service unless the governing statute provides a different period. Mandamus and prohibition are distinct extraordinary remedies, not the usual substitutes for the prescribed review of an agency decision. In an appropriate case, an original mandamus or prohibition action in the Illinois Supreme Court requires a motion for leave to file; whether either remedy is available depends on the circumstances. 735 ILCS 5/3-102; 735 ILCS 5/3-103; Illinois Supreme Court Rule 335; Illinois Supreme Court Rule 381.