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To start an appeal, you must file a Notice of Appeal in the circuit court where the case was decided. A Notice of Appeal is a court form that tells a judge that you are appealing their decision. The Notice of Appeal says what relief you will be seeking from the appellate court. Learn more about filing a Notice of Appeal.
E-filing is required for all civil appeals. Please visit the Illinois Courts' website to register for an Electronic Filing Service Provider (EFSP). You will then use the EFSP to file all of your forms. You must first register for an account first.
If you need help, each appellate clerk's office has a public computer and scanner. You can go in person to register with an EFSP and then e-file your documents. If you handwrote your documents, you will need to first scan and then upload the documents into the EFSP.
You may be excused from e-filing if you:
- Do not have internet or computer access at home and are unable to travel,
- Have a disability that keeps you from e-filing,
- Have trouble reading or speaking in English, or
- You tried to e-file your papers, but were not able to because the equipment or help you needed was not available.
If you qualify for the exemption, you must complete a Certification for Exemption From E-Filing and file it with the appellate court. If you have any questions about the exemption, please contact your local appellate clerk's office.
Shortly after filing the Notice of Appeal, you will need to file the Request for Preparation of Record on Appeal with the circuit court clerk. The record on appeal, or the “common law record,” is made up of all the:
- Pleadings,
- Orders,
- Motions,
- Evidence, and
- Other documents that were filed in the circuit court while your case was in front of the circuit court judge.
Learn more about how to file the Request for Preparation of Record on Appeal.
The report of proceedings is also called a transcript. A transcript is a typed record of a hearing or trial. It includes what the judge, parties, witnesses, and lawyers said or testified to in court. Learn more about filing a Request for Report of Proceedings (Transcripts) with the court reporter's office.
A court reporter or recording equipment must have been present during your circuit court case to transcribe what was said. If there was no court reporter or recording equipment during your case, you can submit a Bystander's Report or an Agreed Statement of Facts. Learn more about how and when to file either of these reports.
An Appellate Brief is a party's written argument saying why the circuit court or the jury did or did not make a mistake. It includes why the party filing the brief should win the case. It is filed with the appellate clerk's office. The brief:
- Describes the facts of the case,
- Presents the party's argument about the issues on appeal, and
- Supports those arguments with legal authority.
The Appellant's Brief is filed first. It is filed by the appellant and presents arguments for why the circuit court's decision should be overturned. See Appellate Brief basics.
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