If you participated in a lawsuit and won, your opponent can appeal the decision. 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. This is called a “civil appeal” because it is different from criminal appeals. The civil appeals process is difficult.  You can search for a lawyer to represent you at Illinois Lawyer Finder or talk to a lawyer at Get Legal Help. 

I just received a Notice of Appeal. What does that mean? 

A Notice of Appeal means that the appellant is going to try to convince the appellate court to overturn the circuit court’s decision in your favor. You will eventually receive the Appellant’s Brief. It will outline the appellant’s arguments as to why they believe that the circuit court’s decision was wrong. If you need help, there are resources available. Since you are responding to the appeal you are called the “appellee.” 

Do I have to respond? 

You do not have to file an Appellee’s Brief in response to the Appellant’s Brief. Your failure to do so does not mean that you will lose the appeal. However, if you do not file a brief, you will have no other opportunity to tell the appellate court why the circuit court’s decision was right. You will not be allowed to participate in oral arguments. The court will consider only the record on appeal, transcripts (if applicable), and the appellant’s arguments. 

The circuit court’s decision wasn’t entirely in my favor. Can I appeal too? 

If you want to appeal a different part of the circuit court’s decision, you can file a cross appeal. To do so, you must file your own Notice of Appeal. Check “Cross Appeal'' on the form. Follow the instructions for timely filing the Notice of Appeal in the appellate court and sending it to your opponent. 

How much will it cost for me to participate in the appeal? 

If you wish to respond to the appeal, you must pay a $30 fee to the clerk of the appellate court with the first document that you file. If you cannot afford to pay the fee, you can ask the appellate court to file for free with an application for a Fee Waiver.