I'm doing some research today on Illinois post-judgment motions and deadlines for appeal, which I'm going to post here as a way of bookmarking the information for myself. As with all my posts about rules, deadlines, and substantive and procedural law, make sure to confirm any information you read here for yourself. Not only is this just common sense, but your boss or client won't understand when you defend your position with the comment that you "read it on a weblog."
So then, on to the deadlines for appeal. According to Rule 303(a)(1), if there is no timely post-trial motion filed, "the notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from." When a timely post-trial motion is filed, the notice of appeal must be filed "within 30 days after the entry of the order disposing of the last pending post-judgment motion."
The procedures for filing post-judgment motions following either a jury or non-jury trial is fraught with opportunities for error, so be sure to study the rules well. Although you hopefully won't need it, Rule 303(d) explains the circumstances under which the court might grant an untimely leave to appeal.
But what if the timely post trial motion was dismissed for wqtn of prosecution? THEN when does the 30 day time line start?
Posted by: pops | June 04, 2009 at 09:53 PM
"dismissed" motion is a judgment; the day when the 30 day time line start to run.
Posted by: Leopold | October 27, 2010 at 06:09 PM