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Three appellate justices will decide your civil appeal. The justices will consider:
- The record on appeal,
- The transcripts,
- The parties’ briefs, and,
- The parties’ oral argument (if granted by the court).
How will I be notified when a decision has been made about my appeal?
The appellate court clerk will notify all parties when the court issues a decision.
How long will my appeal take?
It can take many months to complete an appeal. Factors that impact the amount of time include:
- The issues involved,
- How long it took the parties to submit the record and their briefs to the appellate court,
- Any motions filed on the case, and
- The number of cases pending before the appellate court.
I received a letter addressed to the clerk of the circuit court stating that the appellate court issued the mandate. What is the mandate?
The mandate officially finalizes the decision of the appellate court. It then transfers jurisdiction back to the circuit court. The appellate court will send the mandate to the clerk of the circuit court.
What if I disagree with the appellate court's decision?
If the appellate court has ruled against you, and you believe the court overlooked or misunderstood key points of your case, you may file a Petition for Rehearing in the appellate court within 21 days after the decision. See Rule 367 for more information.
If you lost the appeal, you may also file a Petition for Leave to Appeal to the Illinois Supreme Court within 35 days after the appellate court files its decision. A $50 filing fee is due when filing the PLA. If you are unable to afford the fee, you may apply for a Fee Waiver. The Supreme Court has a template Petition for Leave to Appeal you can use, as well as an overview of the steps and process for filing it with the Court.
You may file both a Petition for Rehearing and a Petition for Leave to Appeal. However, if you file a Petition for Rehearing, you cannot file a Petition for Leave to Appeal until after the appellate court has ruled on your Petition for Rehearing. You must file the Petition for Leave to Appeal within 35 days after that ruling.
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