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In some cases, a post-trial motion might be an option to correct or address what you feel was wrong with the circuit court's decision. After a trial or a final judgment is entered, a party may file a motion to bring to the circuit court's attention:
- Newly discovered evidence,
- Changes in the law, or
- Errors in the court's previous handling of existing law.
These motions give the circuit court a chance to fix errors. They provide an opportunity for litigants to preserve an issue for appeal and make a more complete record for the appellate court to review.
There are specific deadlines for filing a post-judgment motion and the circuit court retains the discretion to grant it.
Non-jury trials
You can file a motion for a:
- Rehearing,
- Retrial,
- Modification of the judgment, and
- To vacate the judgment.
You must do this within 30 days after the judgment was entered.
See Illinois Compiled Statutes 735 ILCS 5/2-1203(a) and Supreme Court Rule 366 for more information and to ensure you are following deadlines and procedures.
Jury trials
Following a trial in a jury case, a party may file a single, written post-trial motion within 30 days after entry of judgment (or the discharge of the jury if no verdict is reached). The post-trial motion must “contain the points relied upon” stating the reasons that support and the relief desired.” Examples of relief include granting a new trial or entry of a judgment. All issues for appeal of the judgment, including requesting a new trial, are waived if not included.
Also, a post-trial motion filed on time "stays enforcement of the judgment." That means the circuit court's judgment cannot be enforced for a period of time. See Illinois Compiled Statutes 735 ILCS 5/2-1202 and Supreme Court Rule 366 for more information and to ensure you are following deadlines and procedures.
Learn more about post-trial relief.
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