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July 1, 2017 (a) Judgments As To Fewer Than All Parties or Claims−Necessity for Special Finding.If multiple parties or multiple claims for relief are involved in an action, an appeal may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying either enforcement or appeal or both.
The time for filing a notice of appeal shall be as provided in Rule 303.The notice of appeal may be amended without leave of court within the original 30-day period to file the notice as set forth in paragraph (a) above. Subparagraph (a)(2) protects the rights of an appellant who has filed a “premature” notice of appeal by making the notice of appeal effective when the order denying a postjudgment motion or resolving a still-pending separate claim is entered. The Supreme Court shall decide whether to allow leave to appeal within three days, excluding weekends and holidays, of the filing of the leave to appeal.Thereafter it may be amended only on motion, in the reviewing court, pursuant to paragraph (d) of this rule. In deciding whether to allow leave to appeal, the Supreme Court’s discretion shall be guided by the criteria listed in Rule 315(a).At the top shall appear the statement “Appeal to the _________ Court,” naming the court to which the appeal is taken, and below this shall be the statement “From the Circuit Court of ____________________________,” naming the court from which the appeal is taken. All notifications of court rulings under this rule may be informal and shall be confidential. After the petitioner has filed the petition for review in the Appellate Court, along with a supporting record and any memorandum, the Appellate Court shall consider, decide the petition and issue a confidential order within three days, excluding weekends and holidays. If the Appellate Court affirms the denial of a waiver of notice, the petitioner may file a petition for leave to appeal with the Supreme Court within two days, excluding weekends and holidays, of the Appellate Court’s decision to affirm the denial of a waiver of notice, except that the two-day period may be extended at the request of the minor or incompetent person.It shall bear the title of the case, naming and designating the parties in the same manner as in the circuit court and adding the further designation “appellant” or “appellee,” e.g., “Plaintiff-Appellee.”A notice of appeal filed pursuant to Rule 302(a)(1) from a judgment of a circuit court holding unconstitutional a statute of the United States or of this state shall have appended thereto a copy of the court’s findings made in compliance with Rule 18. The petitioner shall be responsible for contacting the clerk of the Appellate Court for notification of the decision. The petition for leave to appeal to the Supreme Court shall contain (1) a statement of issues presented for review and how those issues were decided by the circuit and appellate courts, (2) a brief statement explaining the reason for appeal to the Supreme Court, (3) any memorandum and statement of facts presented to the appellate court, and (4) the written orders of the circuit and appellate courts.Every final judgment of a circuit court in a civil case is appealable as of right. Amended December 17, 1993, effective February 1, 1994. Subparagraph (a)(2) protects the appellant who files a notice of appeal prior to the resolution of a still-pending claim that is determined to be a separate claim under Rule 304(a).
The appeal is initiated by filing a notice of appeal. This rule, adopted pursuant to the authority given the Supreme Court by the judicial article effective January 1, 1964, former article VI, section 7, present article VI, section 16, prescribes the method of review of final judgments. Note that under subparagraph (a)(2), there is no need to file a second notice of appeal where the postjudgment order simply denies the appellant’s postjudgment motion.Upon the entry of such an order any documents already filed in the Appellate Court shall be transmitted by the clerk of that court to the clerk of the Supreme Court. All notifications pursuant to this procedure may be informal and shall be confidential.From that point the case shall proceed in all respects as though the appeal had been taken directly to the Supreme Court. If the court fails to rule within the 48-hour period and an extension is not requested, then the petition shall be deemed to have been granted and the notice requirement shall be waived.Amendments relate back to the time of the filing of the notice of appeal. On motion supported by a showing of reasonable excuse for failure to file a notice of appeal on time, accompanied by the proposed notice of appeal and the filing fee, filed in the reviewing court within 30 days after expiration of the time for filing a notice of appeal, the reviewing court may grant leave to appeal and order the clerk to transmit the notice of appeal to the trial court for filing. The confidentiality of the proceedings shall be maintained in the manner described in paragraph (f) of this rule.If the reviewing court allows leave to file a late notice of appeal, any other party may, within 10 days of the order allowing the filing of the late notice, join in the appeal separately or cross-appeal as set forth in Rule 303(a)(3).notice of appeal transmitted to the reviewing court pursuant to paragraph (a) of this rule, or receipt of a motion for leave to appeal under paragraph (d) of this rule, the clerk of the reviewing court shall enter the appeal upon the docket. 1, 2015Rule 303(a)(2) is intended to address concerns raised in cases such as John G. If leave to appeal is allowed, the petitioner must then file the record from the proceedings in the circuit court with the clerk the Supreme Court within two days, excluding weekends and holidays, of the date that leave to appeal is allowed, except that the two day period may be extended at the request of the minor or incompetent person. The Supreme Court shall then issue a confidential written decision within five days, excluding weekends and holidays, of the date it allowed the petition for leave to appeal.(b) Judgments and Orders Appealable Without Special Finding.