If you lose a lawsuit, you can appeal. This is called a “civil appeal” because it is different from criminal appeals.

The civil appeals process is difficult. It involves many strict deadlines. You must follow the Illinois Supreme Court Rules. 

If you appeal your case without a lawyer, you will need to: 

• Follow the rules, 
• Do a lot of legal research, and 
• Write briefs in order to convince the appellate court that your position is correct. 

You can search for a lawyer to represent you at Illinois Lawyer Finder or talk to a lawyer at Get Legal Help. 

What is an appeal? 

An appeal is a review by a higher court of a lower court's decision. If the higher court disagrees, it can change the lower court’s decision. 

The person making the appeal is called the “appellant.” The person responding to the appeal is called the “appellee.” 

An appeal is not a new trial. The only information the appellate court will review is: 

• The common law record which includes all the documents filed in your case, every judgment entered, and any document exhibits, 
• Report of proceedings or transcripts of court hearings, 
• Appellant and appellee's briefs, and 
• Oral arguments. 

You must make appeals on valid grounds, such as: 

• Legal or factual errors by the circuit court or jury, 
• Unfair trials, and 
• Situations where the evidence did not support the outcome reached by the circuit court or jury.  

It is not: 

• A new trial,
• A chance to present your case in front of a different judge, or 
• A chance to present new evidence or witnesses.

Who can appeal? 

Only a party in the circuit court case can appeal a decision. If you were a party and didn’t like the circuit court’s decision, you have a right to appeal. 

What decisions can be appealed? 

Supreme Court Rules 301-308 control what types of cases can be appealed from an order or judgment and when you must file an appeal. An order or judgment is a decision by the circuit court judge. A "final" order or judgment, which is most common, ends all claims and issues for all parties in your civil case.

An order or judgment is: 

• Typically in writing, 
• Explains why the court ruled the way it did, 
• Explains rights and obligations of one or both parties, and 
• May require one or both parties to do something. 

Rule 301 governs the right to appeal from all final judgments in civil cases. Some orders and judgments can be appealed before the trial court enters a final judgment for the entire case. 

Rule 304(b) states some orders involve special circumstances that are immediately appealable prior to a final judgment due to the nature of the issue. You may appeal such an order if the circuit court: 

• Enters a final judgment that ends only part of the case, and 
• The judgment is listed in Rule 304(b). Such as an order involving child custody, guardianship, administration of an estate, or contempt of court.  

Rule 307(a) states you may immediately appeal some orders that do not end any part of the case. These are called “interlocutory appeals.” The orders within this rule include: 

• Terminations of parental rights, 
• Injunctions, 
• Orders placing or refusing to place a mortgagee in possession of mortgaged premises, and 
• Eminent domain. 

In what district will my appeal be heard? 

There are five appellate districts in Illinois. The court will hear appeals in the appellate court district of the circuit court that ruled on your case. If you don't know your appellate district, you can find it on this map. 

If you have general questions, you should reach out to the appellate clerk's office in your district. You can find the address and phone numbers for each appellate district here. 

What are the rules for filing an appeal? 

Civil appeals are governed by Illinois Supreme Court Rules 301-384. The court may dismiss your case if you  don’t follow these rules, procedures, and deadlines. 

Each of the 5 Appellate Districts also have local rules. You must follow these too. You can find them by clicking the link to your appellate district.

How do I receive my appellate court case number? 

The appellate court will tell you your case number via email or regular mail. First, you must file your Notice of Appeal with the circuit clerk. Then, the circuit clerk files the Notice of Appeal with the appellate court. 

How do I serve documents? 

Motions and other documents filed in the appellate court must be sent to the other parties in your case. This is called “serving” them.

If the other party has an attorney, you must serve that party’s attorney. 

You must file Proof of Delivery with your document to tell the court you have served the other party with it. The Proof of Delivery says:

• What document you served (for example, your motion or brief), 
• To whom you sent the document (for example, the appellee’s attorney), 
• The date you sent the document, and
• How you sent it. 

Rule 11 describes the kinds of service that are allowed, which include:  

• Personal hand delivery,
• Regular first-class mail, 
• Third-party commercial carrier (FedEx or UPS),  
• Email (if the other party does not have a lawyer, you may send the document by email only if the other party has listed their email address on a court document),
• The court's electronic filing manager (EFM),
• An approved electronic filing service provider (EFSP), or  
• Mail from a prison or jail. 

Rule 12 describes the requirements for proof of service. You can use this standard Proof of Delivery form. 

I speak a language other than English. What services are available to help me with my appeal? 

All documents filed with the court must be in English. 

If you are incarcerated, you may file documents in another language. The court will pay to have them translated

Many of the standardized forms available on the Illinois Courts website have been translated into: 

• Spanish, 
• Polish, 
• Arabic, 
• Chinese, 
• Russian, and 
• Korean. 

Those translated forms are for reference purposes only. 

A friend or family member cannot translate documents to submit to the court for you. A directory of certified translators is available through the American Translator Association. 

If you do not speak English well, the court will provide an interpreter for free. Contact the appellate clerk's office to notify them that you will need an interpreter. You can also contact the appellate clerk's office if you are deaf or hard of hearing.

Resources for civil appeals

Below are general resources that may assist you in conducting research and completing your brief.

Guides

• Illinois Appellate forms and instructions, 
• The Clerk of the Circuit Court of Cook County, Civil Appeals Division's website has an FAQ section and forms, 
• The Illinois Supreme Court's Access to Justice Commission published a "Guide for Appeals to the Illinois Appellate Court for Self-Represented Litigants." The Guide includes a timeline, checklist and commonly asked questions section,
• The AOIC publishes a one-page overview of a civil appeal from a final order or judgment, 
• The Illinois Fourth District Appellate Court publishes a Guide to Bringing an Appeal.It highlights the steps necessary to file an appeal, and
• Appellate Lawyers Association's A Guide to Illinois Civil Appellate Procedure. The guide includes sample completed forms and comprehensive information on administrative appeals. 

Research

The Chicago Association of Law Libraries publishes Finding Illinois Law: A Librarian’s Guide for Non-Lawyers. This guide is aimed at assisting non-lawyers with understanding the legal system and conducting legal research, and locating resources.

The Illinois Supreme Court Library provides several Civil Appeals Research Guides to help litigants with conducting research for their appellate brief. These guides are not exhaustive lists of all the resources available. They are a starting point for beginning your research.  

Consider visiting a law library to use legal resources available to research and find legal authority. In Illinois, many counties have law libraries located in courthouses that are open to the public. In addition, some law schools have libraries that are open to the public during certain hours. You should call in advance to confirm access to the public, which is very limited. 

Law libraries in Illinois: 

Public Websites  

Illinois case law

The Illinois Courts' website has opinions from the Illinois Supreme Court and appellate courts from 1996-present. It also hasWorkers' Compensation opinions from 2005-present.  
Illinois codes and statutes

The Illinois General Assembly publishes Illinois statutes, current bills, and other legislative reports. State laws are organized by subject area into Chapters and Acts.