Legal Question in Appeals and Writs in Illinois
Time frame for appeals
In the state of Illinois how long do you have after appealing a courts decision to submit a brief? We have a notice saying there is an appeal, but have not heard anything back about when. Is there a time limit from the date of appeal, to when the person has to reply back to the court?
1 Answer from Attorneys
Re: Time frame for appeals
Under Illinois Supreme Court Rule 343, assuming your case is in an Illinois state court, as opposed to federal court, the person appealing has 35 days from the filing of the "record on appeal" to file their brief, unless the court orders otherwise. The record on appeal is due within 63 days from the filing of the notice of appeal, accoring to rule 326. Generally, the notice of appeal is due within 30 days of the judgment appealed-from. Assuming each of these filings take place on the last day allowed, then the brief is due on 128 days after the judgment appealed from.
Since these dates are difficult to claculate, often the appellate court will enter an order setting a schedule other than the schedule set forth in the supreme court rules. Parties to the appeal can also file motions to extend the time. You may wish to ask the clerk of the appellate court by telephone if any such order was entered.
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