ARTICLE VI. APPEALS IN CRIMINAL CASES,

POST-CONVICTION CASES, AND JUVENILE

COURT PROCEEDINGS





Rule 601. Supersedure of Code of Criminal Procedure of 1963

These rules supersede and replace articles 120 and 121, except sections 121--1 and 121--13 of the Code of Criminal Procedure of 1963.

Amended October 21, 1969, effective January 1, 1970.



Committee Comments

This rule is essentially former Rule 27(1). It contains some changes in language necessitated by the fact that the new criminal appeals rules are intended to supersede and replace almost all of the criminal appeals procedures contained in the Code of Criminal Procedure of 1963.





Rule 602. Method of Review
The only method of review in a criminal case in which judgment was entered on or after January 1, 1964, shall be by appeal. The party appealing shall be known as the appellant and the adverse party as the appellee, but the title of the case shall not be changed. Review of cases in which judgments were entered before January 1, 1964, shall be governed by the time limitations in effect on December 31, 1963, and the procedure shall be as provided by the rules then in effect,* or as provided by these rules, at the option of the appellant.





      *See Ill. Rev. Stat. 1963, ch. 110, which contains the former rules governing writs of error, amended or repealed January 1, 1964.


      Amended May 30, 2008, effective immediately.

Rule 603. Court To Which Appeal is Taken
Appeals in criminal cases in which a statute of the United States or of this State has been held invalid, and appeals by the defendants from judgments of the circuit courts imposing a sentence of death, and appeals by the State from orders decertifying a prosecution as a capital case on the grounds enumerated in section 9 l (h-5) of the Criminal Code of 1961, or a finding that the defendant is mentally retarded after a hearing conducted pursuant to section 114 15(f) of the Code of Criminal Procedure of 1963 shall lie directly to the Supreme Court as a matter of right. All other appeals in criminal cases shall be taken to the Appellate Court.

 Amended effective July 1, 1971; amended October 1, 2010, effective immediately; amended Feb. 6, 2013, eff. immediately.

Committee Comments

(Revised July 1, 1971)

The rule, new in 1967, was revised in 1971, in light of the new constitution, which limited the Supreme Court's mandatory direct appellate jurisdiction to death cases. The constitutional question basis for direct appeal was revised to limit direct appeal to cases in which a statute is held invalid. The same provision appears in Rule 302, governing civil appeals.



Rule 604. Appeals from Certain Judgments and Orders 

(a) Appeals by the State.

      (1) When State May Appeal. In criminal cases the State may appeal only from an order or judgment the substantive effect of which results in dismissing a charge for any of the grounds enumerated in section 114-1 of the Code of Criminal Procedure of 1963; arresting judgment because of a defective indictment, information or complaint; quashing an arrest or search warrant; or suppressing evidence.

      (2) Leave to Appeal by State. The State may petition for leave to appeal under Rule 315(a).

      (3) Release of Defendant Pending Appeal. A defendant shall not be held in jail or to bail during the pendency of an appeal by the State, or of a petition or appeal by the State under Rule 315(a), unless there are compelling reasons for his or her continued detention or being held to bail.

      (4) Time Appeal Pending Not Counted. The time during which an appeal by the State is pending is not counted for the purpose of determining whether an accused is entitled to discharge under section 103B5 of the Code of Criminal Procedure of 1963.


(b) Appeals When Defendant Placed Under Supervision or Sentenced to Probation, Conditional Discharge or Periodic Imprisonment. A defendant who has been placed under supervision or found guilty and sentenced to probation or conditional discharge (see 730 ILCS 5/5-6-1 through 5-6-4), or to periodic imprisonment (see 730 ILCS 5/5-7-1 through 5-7-8), may appeal from the judgment and may seek review of the conditions of supervision, or of the finding of guilt or the conditions of the sentence, or both. He or she may also appeal from an order modifying the conditions of or revoking such an order or sentence.

(c) Appeals From Bail Orders by Defendant Before Conviction.

(1) Appealability of Order With Respect to Bail. Before conviction a defendant may appeal to the Appellate Court from an order setting, modifying, revoking, denying, or refusing to modify bail or the conditions thereof. As a prerequisite to appeal the defendant shall first present to the trial court a written motion for the relief to be sought on appeal. The motion shall be verified by the defendant and shall state the following:

(i) the defendant=s financial condition;

(ii) his or her residence addresses and employment history for the past 10 years;

(iii) his or her occupation and the name and address of his or her employer, if he or she is employed, or his or her school, if he or she is in school;

(iv) his or her family situation; and

(v) any prior criminal record and any other relevant facts.

If the order is entered upon motion of the prosecution, the defendant=s verified answer to the motion shall contain the foregoing information.

(2) Procedure. The appeal may be taken at any time before conviction by filing a verified motion for review in the Appellate Court. The motion for review shall be accompanied by a verified copy of the motion or answer filed in the trial court and shall state the following:

(i) the court that entered the order;

(ii) the date of the order;

(iii) the crime or crimes charged;

(iv) the amount and condition of bail;

(v) the arguments supporting the motion; and

(vi) the relief sought.

      No brief shall be filed. A copy of the motion shall be served upon the                     opposing party. The State may promptly file an answer.

(3) Disposition. Upon receipt of the motion, the clerk shall immediately notify the opposing party by telephone of the filing of the motion, entering the date and time of the notification on the docket, and promptly thereafter present the motion to the court.

(4) Report of Proceedings. The court, on its own motion or on the motion of any party, may order court reporting personnel as defined in Rule 46 to file in the Appellate Court a report of all proceedings had in the trial court on the question of bail.

(5) No Oral Argument. No oral argument shall be permitted except when ordered on the court=s own motion.


(d) Appeal by Defendant From a Judgment Entered Upon a Plea of Guilty. No appeal from a judgment entered upon a plea of guilty shall be taken unless the defendant, within 30 days of the date on which sentence is imposed, files in the trial court a motion to reconsider the sentence, if only the sentence is being challenged, or, if the plea is being challenged, a motion to withdraw the plea of guilty and vacate the judgment. No appeal shall be taken upon a negotiated plea of guilty challenging the sentence as excessive unless the defendant, within 30 days of the imposition of sentence, files a motion to withdraw the plea of guilty and vacate the judgment. For purposes of this rule, a negotiated plea of guilty is one in which the prosecution has bound itself to recommend a specific sentence, or a specific range of sentence, or where the prosecution has made concessions relating to the sentence to be imposed and not merely to the charge or charges then pending. The motion shall be in writing and shall state the grounds therefor. When the motion is based on facts that do not appear of record it shall be supported by affidavit unless the defendant is filing the motion pro se from a correctional institution, in which case the defendant may submit, in lieu of an affidavit, a certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109). The motion shall be presented promptly to the trial judge by whom the defendant was sentenced, and if that judge is then not sitting in the court in which the judgment was entered, then to the chief judge of the circuit, or to such other judge as the chief judge shall designate. The trial court shall then determine whether the defendant is represented by counsel, and if the defendant is indigent and desires counsel, the trial court shall appoint counsel. If the defendant is indigent, the trial court shall order a copy of the transcript as provided in Rule 402(e) be furnished the defendant without cost. The defendant=s attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by mail or in person to ascertain defendant=s contentions of error in the sentence or the entry of the plea of guilty, has examined the trial court file and report of proceedings of the plea of guilty, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings. The motion shall be heard promptly, and if allowed, the trial court shall modify the sentence or vacate the judgment and permit the defendant to withdraw the plea of guilty and plead anew. If the motion is denied, a notice of appeal from the judgment and sentence shall be filed within the time allowed in Rule 606, measured from the date of entry of the order denying the motion. Upon appeal any issue not raised by the defendant in the motion to reconsider the sentence or withdraw the plea of guilty and vacate the judgment shall be deemed waived.

(e) Appeal From an Order Finding Defendant Unfit to Stand Trial or Be Sentenced. The defendant or the State may appeal to the Appellate Court from an order holding the defendant unfit to stand trial or be sentenced.

(f) Appeal by Defendant on Grounds of Former Jeopardy. The defendant may appeal to the Appellate Court the denial of a motion to dismiss a criminal proceeding on grounds of former jeopardy.

(g) Appeal From an Order Granting a Motion to Disqualify Defense Counsel. The defendant may petition for leave to appeal to the Appellate Court from an order of the circuit court granting a motion to disqualify the attorney for the defendant based on a conflict of interest. The procedure for bringing interlocutory appeals pursuant to this subpart shall be the same as set forth in Supreme Court Rule 306(c).


 

Amended effective July 1, 1969; amended October 21, 1969, effective January 1, 1970; amended effective October 1, 1970, July 1, 1971, November 30, 1972, September 1, 1974, and July 1, 1975; amended February 19, 1982, effective April 1, 1982; amended June 15, 1982, effective July 1, 1982; amended August 9, 1983, effective October 1, 1983; amended April 1, 1992, effective August 1, 1992; amended October 5, 2000, effective November 1, 2000; amended February 1, 2005, effective immediately; amended December 13, 2005, effective immediately; amended February 10, 2006, effective July 1, 2006; amended Nov. 28, 2012, eff. Jan. 1, 2013; amended Feb. 6, 2013, eff. immediately; amended Dec. 11, 2014, eff. immediately.

Committee Comment
(February 10, 2006)

Paragraph (g)

Paragraph (g) permits interlocutory review of certain attorney disqualification orders but does not change attorney disqualification law. The circuit court still has discretion to accept or reject a defendant's conflict of interest waiver, based on consideration of the interests identified in People v. Ortega, 209 Ill. 2d 354 (2004).

Committee Comments
(February 1, 2005)

The language in paragraph (a) allowing interlocutory appeals from orders decertifying a prosecution as a capital case or finding the defendant to be mentally retarded provides for the kinds of appeals contemplated by section 91(h-5) of the Criminal Code of 1961 (720 ILCS 5/91(h-5)) and section 11415(f) of the Code of Criminal Procedure of 1963 (725 ILCS 5/11415(f)).

Committee Comments
(Revised July 1, 1975)

Rule 604 was amended in September 1969 to add paragraph (b), dealing with appeals when probation has been granted. The 1969 amendment made what was formerly the entirety of Rule 604 into paragraph (a) and made an appropriate change in the title of the rule.

Paragraph (a)

Subparagraph (1) of paragraph (a) is former Rule 27(4), as it existed until January 1, 1967, with slight changes in language. (Rule 27(4) was derived from sections 121--1 and 120--2 of the Code.) The rule makes it clear that an order dismissing an indictment, information or complaint for any of the grounds enumerated in section 114--1 of the Code is appealable.

Subparagraph (2) was added by amendment effective November 30, 1972.

Subparagraph (3) is former section 120--3(a) of the Code without change.

Subparagraph (4) is section 120--3(b) of the Code without change.

Paragraph (b)

Paragraph (b) is based upon sections 117--1(d) and 117--3(e) of the Code and is included in the rule in conformity with the policy of covering all appeals in the supreme court rules, as contemplated by the judicial article of the Constitution. (Ill. Const., art. VI, 16.) Paragraph (b) was amended in 1974 to cover conditional discharge and periodic imprisonment, new forms of sentence created by the adoption in Illinois of the Unified Code of Corrections.

Paragraph (c)

Paragraph (c) was added in 1971 to establish a procedure for appeals from orders in criminal cases concerning bail. Prior to its adoption, the only avenue of relief was an original petition to the Supreme Court for a writ of habeas corpus. Subparagraph (c)(2) was amended in 1974 to provide that the State may file an answer.

Paragraph (d)

Paragraph (d), added in 1975, provides that before a defendant may file a notice of appeal from a judgment entered on his plea of guilty, he must move in the trial court to vacate the judgment and withdraw his plea. Issues not raised in such a motion are waived. The time within which an appeal may be taken runs from the date on which the order disposing of the motion is entered. Provision is made for appointment of counsel and provision of a free transcript of the proceedings, which, under Rule 402(e), are required to be transcribed, filed, and made a part of the common law record.

Paragraph (e)

Section 5--2--2(d) of the Unified Code of Corrections (Ill. Rev. Stat. 1973, ch. 38, par. 1005--2--2(d)) provides: "An order finding the defendant unfit is a final order for purposes of appeal by the State or by the defendant." In view of section 6 of article VI of the Constitution of Illinois (1970), this provision has been carried into the rules in paragraph (e). See People ex rel. Stamos v. Jones, 40 Ill. 2d 62 (1968).





Rule 605. Advice to Defendant

(a) On Judgment and Sentence After Plea of Not Guilty.

(1) In all cases in which the defendant is found guilty and sentenced to imprisonment, probation or conditional discharge, periodic imprisonment, or to pay a fine, or in which a sentence of probation or conditional discharge has been revoked or the conditions attached to such a sentence have been modified, excluding except in cases in which the judgment and sentence are entered on a plea of guilty, the trial court shall, at the time of imposing sentence or modifying the conditions of the sentence, advise the defendant of the his right to appeal, of the his right to request the clerk to prepare and file a notice of appeal, and of the his right, if indigent, to be furnished, without cost to the defendant him, with a transcript of the proceedings at the his trial or hearing., and,

(2) In addition to the foregoing rights, in cases in which the defendant has been convicted of a felony or a Class A misdemeanor or convicted of a lesser offense and sentenced to imprisonment, periodic imprisonment, or to probation or conditional discharge conditioned upon periodic imprisonment, or in which a sentence of probation or conditional discharge has been revoked or the conditions attached to such a sentence have been modified and a sentence or condition of imprisonment or periodic imprisonment imposed, the trial court shall advise the defendant of the his right to have counsel appointed on appeal. The trial court shall also advise him that his right to appeal will be preserved only if a notice of appeal is filed in the trial court within 30 days from the date of the sentence.

(3) At the time of imposing sentence or modifying the conditions of the sentence, the trial court shall also advise the defendant as follows:

A. that the right to appeal the judgment of conviction, excluding the sentence imposed or modified, will be preserved only if a notice of appeal is filed in the trial court within thirty (30) days from the date on which sentence is imposed;

B. that prior to taking an appeal, if the defendant seeks to challenge the correctness of the sentence, or any aspect of the sentencing hearing, the defendant must file in the trial court within 30 days of the date on which sentence is imposed a written motion asking to have the trial court reconsider the sentence imposed, or consider any challenges to the sentencing hearing, setting forth in the motion all issues or claims of error regarding the sentence imposed or the sentencing hearing;

C. that any issue or claim of error regarding the sentence imposed or any aspect of the sentencing hearing not raised in the written motion shall be deemed waived; and

D. that in order to preserve the right to appeal following the disposition of the motion to reconsider sentence, or any challenges regarding the sentencing hearing, the defendant must file a notice of appeal in the trial court within 30 days from the entry of the order disposing of the defendant's motion to reconsider sentence or order disposing of any challenges to the sentencing hearing.

(b) On Judgment and Sentence Entered on a Plea of Guilty. In all cases in which a judgment is entered upon a plea of guilty, other than a negotiated plea of guilty, at the time of imposing sentence, the trial court shall advise the defendant substantially as follows:

(1) that the defendant has a right to appeal;

(2) that prior to taking an appeal the defendant must file in the trial court, within 30 days of the date on which sentence is imposed, a written motion asking to have the trial court reconsider the sentence or to have the judgment vacated and for leave to withdraw the plea of guilty, setting forth the grounds for the motion;

(3) that if the motion is allowed, the sentence will be modified or the plea of guilty, sentence and judgment will be vacated and a trial date will be set on the charges to which the plea of guilty was made;

(4) that upon the request of the State any charges that may have been dismissed as a part of a plea agreement will be reinstated and will also be set for trial;

(5) that if the defendant is indigent, a copy of the transcript of the proceedings at the time of the defendant's plea of guilty and sentence will be provided without cost to the defendant and counsel will be appointed to assist the defendant with the preparation of the motions; and

(6) that in any appeal taken from the judgment on the plea of guilty any issue or claim of error not raised in the motion to reconsider the sentence or to vacate the judgment and to withdraw the plea of guilty shall be deemed waived.

For the purposes of this rule, a negotiated plea is one in which the prosecution has bound itself to recommend a specific sentence, or a specific range of sentence, or where the prosecution has made concessions relating to the sentence to be imposed and not merely to the charge or charges then pending.

(c) On Judgment and Sentence Entered on a Negotiated Plea of Guilty. In all cases in which a judgment is entered upon a negotiated plea of guilty, at the time of imposing sentence, the trial court shall advise the defendant substantially as follows:

(1) that the defendant has a right to appeal;

(2) that prior to taking an appeal the defendant must file in the trial court, within 30 days of the date on which sentence is imposed, a written motion asking to have the judgment vacated and for leave to withdraw the plea of guilty, setting forth the grounds for the motion;

(3) that if the motion is allowed, the plea of guilty, sentence and judgment will be vacated and a trial date will be set on the charges to which the plea of guilty was made;

(4) that upon the request of the State any charges that may have been dismissed as a part of a plea agreement will be reinstated and will also be set for trial;

(5) that if the defendant is indigent, a copy of the transcript of the proceedings at the time of the defendant's plea of guilty and sentence will be provided without cost to the defendant and counsel will be appointed to assist the defendant with the preparation of the motions; and

(6) that in any appeal taken from the judgment on the plea of guilty any issue or claim of error not raised in the motion to vacate the judgment and to withdraw the plea of guilty shall be deemed waived.

For the purposes of this rule, a negotiated plea is one in which the prosecution has bound itself to recommend a specific sentence, or a specific range of sentence, or where the prosecution has made concessions relating to the sentence to be imposed and not merely to the charge or charges then pending.

Amended June 22, 1967, effective June 23, 1967; amended June 26, 1970, effective September 1, 1970; amended effective July 1, 1971, September 1, 1974, and July 1, 1975; amended April 1, 1992, effective August 1, 1992; amended October 5, 2000, effective November 1, 2000; amended October 1, 2001, effective immediately.


Committee Comments

(Revised July 1, 1975)

This rule is derived from former Rule 27(6), as it existed before 1967, which in turn was derived from section 121-4(c) of the Code of Criminal Procedure. In 1967 the requirement that the stenographic transcript of the court's advice to the defendant and the defendant's answers be filed as a part of the common-law record was transferred to Rule 401, and the last sentence of the former rule was transferred to Rule 606(a).

This rule was amended in June, 1970, to add the last sentence, which requires the trial court to advise the defendant of the time within which his notice of appeal must be filed in order to preserve his right to appeal. See Rule 651(b) for a comparable provision.

The 1971 amendments remove the requirement that the court advise of their various rights defendants who plead guilty. They also extended the requirement that the advice be given in all cases, including misdemeanor cases, in which the defendant was convicted of an offense punishable by imprisonment for more than six months. In thus extending the requirement these amendments conformed the rule to the provisions of Rule 607, as amended the same year, dealing with the rights of indigents to appointed counsel and a report of proceedings. (See Committee Comments to that rule.) In 1974, Rule 607 was again amended to provide for a free transcript in all cases in which the defendant has been convicted and sentenced. Under the amended rule, however, the right to appointment of counsel is limited to cases in which the offense was a felony or a Class A misdemeanor, or in which the sentence involves some imprisonment, whether imposed as a sentence or as a condition to a sentence of probation or conditional discharge. This rule was again amended to conform its provisions with those of Rule 607. The language of both rules was changed to conform with the language of the Unified Code of Corrections.

In 1975, Rule 604(d) was added to provide that before appealing a judgment and sentence entered on a plea of guilty, the defendant must move in the trial court for vacation of the judgment and to withdraw the plea of guilty. Rule 605 was amended to designate the matter then contained in the rule as paragraph (a), and to add new paragraph (b), providing that on imposition of sentence the defendant shall be advised of the requirements of Rule 604(d).

Rule 606. Perfection of Appeal

(a) How Perfected. Appeals shall be perfected by filing a notice of appeal with the clerk of the trial court. The notice may be signed by the appellant or his attorney. If the defendant so requests in open court at the time he is advised of his right to appeal or subsequently in writing, the clerk of the trial court shall prepare, sign, and file forthwith a notice of appeal for the defendant. No step in the perfection of the appeal other than the filing of the notice of appeal is jurisdictional.

(b) Time. Except as provided in Rule 604(d), 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 or if a motion directed against the judgment is timely filed, within 30 days after the entry of the order disposing of the motion. When a timely posttrial or postsentencing motion directed against the judgment has been filed by counsel or by defendant, if not represented by counsel, any notice of appeal filed before the entry of the order disposing of all pending postjudgment motions shall have no effect and shall be stricken by the trial court. Upon striking the notice of appeal, the trial court shall forward to the appellate court within 5 days a copy of the order striking the notice of appeal, showing by whom it was filed and the date on which it was filed. This rule applies whether the timely postjudgment motion was filed before or after the date on which the notice of appeal was filed. A new notice of appeal must be filed within 30 days following the entry of the order disposing of all timely postjudgment motions. Within 5 days of its being so filed a copy of the notice of appeal or an amendment of the notice of appeal shall be transmitted by the clerk of the circuit court to the clerk of the court to which the appeal is taken. Except as provided in paragraph (c) below, and in Rule 604(d), no appeal may be taken from a trial court to a reviewing court after the expiration of 30 days from the entry of the order or judgment from which the appeal is taken. The clerk of the appellate court shall notify any party whose appeal has been dismissed under this rule.


(c) Extension of Time in Certain Circumstances. On motion supported by a showing of reasonable excuse for failing to file a notice of appeal on time filed in the reviewing court within 30 days of the expiration of the time for filing the notice of appeal, or on motion supported by a showing by affidavit that there is merit to the appeal and that the failure to file a notice of appeal on time was not due to appellant=s culpable negligence, filed in the reviewing court within six months of the expiration of the time for filing the notice of appeal, in either case accompanied by the proposed 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. However, when the appellant is filing the motion pro se from a correctional institution, the appellant may submit, in lieu of the affidavit referred to herein, a certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109).

(d) Form of Notice of Appeal. The notice of appeal shall be substantially in the following form:

 

In the Circuit Court of the __________________ Judicial Circuit,

_________ County, Illinois

(Or, In the Circuit Court of Cook County, Illinois)

 

 

THE PEOPLE OF THE STATE OF ILLINOIS,

 

v.                                                                                       No. ____________    

____________________________________

 

Notice of Appeal

Joining Prior Appeal / Separate Appeal / Cross Appeal

(circle one)

 

 

An appeal is taken from the order or judgment described below.

(1) Court to which appeal is taken: ________________________________

____________________________________________________________

(2) Name of appellant and address to which notices shall be sent.

Name: __________________________________________________

Address: __________________________Email:__________________

(3) Name and address of appellant=s attorney on appeal.

Name: __________________________________________________

Address: __________________________Email:__________________

If appellant is indigent and has no attorney, does he want one appointed?

(4) Date of judgment or order: ___________________________________

(5) Offense of which convicted ___________________________________

_________________________________________________________

(6) Sentence: _________________________________________________

(7) If appeal is not from a conviction, nature of order appealed from:

_________________________________________________________


(8) If the appeal is from a judgment of a circuit court holding unconstitutional a statute of the United States or of this state, a copy of the court=s findings made in compliance with Rule 18 shall be appended to the notice of appeal.

 

                              (Signed) ________________________________________
(May be signed by appellant, attorney for appellant, or clerk of circuit court.)

 

 

The notice of appeal may be amended as provided in Rule 303(b)(5).

(e) Copies of Notice of Appeal to be Sent by Clerk.

(1) When Defendant Is Appellant and Action Is Prosecuted by the State. When the defendant is the appellant and the action was prosecuted by the State, the clerk shall send a copy of the notice of appeal to the State=s Attorney of the county in which the judgment was entered and a copy to the Attorney General at his Springfield, Illinois, office.

(2) When Defendant Is Appellant and the Action Is Prosecuted by a Governmental Entity Other Than the State. If the defendant is the appellant and the action was prosecuted by a governmental entity other than the State for the violation of an ordinance, the copy of the notice of appeal shall be sent to the chief legal officer of the entity (e.g., corporation counsel, city attorney), or if his name and address do not appear of record, then to the chief administrative officer of the entity at his official address.

(3) When the Prosecuting Entity Is the Appellant. When the State or other prosecuting entity is the appellant a copy of the notice of appeal shall be sent to the defendant and a copy to his counsel.

(f) Docketing. Upon receipt of the copy of the notice of appeal transmitted to the reviewing court pursuant to paragraph (a) of this rule, or the entry of an order granting a motion for leave to appeal under paragraph (c) of this rule, the clerk of the reviewing court shall enter the appeal upon the docket.

(g) Docketing Statement; Filing Fee. Within 14 days after the filing of the notice of appeal and pursuant to notice to the appellee=s attorney, the party filing the notice of appeal shall file with the clerk of the reviewing court a docketing statement, together with proof of service thereof, and the required filing fee of $25 as required by Rule 313. The form and contents of the docketing statement shall be as follows:

 

Docket Number in the Reviewing Court

 

Case Title (Complete)                         )           Appeal From _____________County

                                                      )           Circuit No. ____________________

)           Trial Judge_____________________

)       Date of Judgment_______________


)           Date of Posttrial Motion __________

)           Date of Notice of Appeal__________

)           Felony ( )             Misdemeanor ( )

)           In Custody ( )        Out on Bond ( )

 

 

DOCKETING STATEMENT

(Criminal)

 

1. Full name and complete address of appellant(s) filing this statement:

Name: _________________________________________________________

Address:_______________________________________________________

Telephone:_________________Email address:_________________________

 

Counsel On Appeal for Appellant(s) filing this docketing statement:

Name: ________________________________ARDC #__________________

Address: _______________________________________________________

Telephone:_________________Email address:________________________

 

2. Full name and complete address of appellee(s):

Name: _________________________________________________________

Address:_______________________________________________________

Telephone:_________________Email address:_________________________

 

Counsel On Appeal for Appellee(s):

Name: _________________________________________________________

Address: _______________________________________________________

Telephone: _____________________________________________________

 ARDC # if known: ________ Email address:__________________________

 

Court Reporting Personnel

(If more space is needed, use other side.)

Name: _________________________________________________________

Address: _______________________________________________________

Telephone: _________________ Email address:________________________

 


General statement of issues proposed to be raised: (Failure to include an issue in this statement will not result in the waiver of the issue on appeal.)

______________________________________________________________________________________________________________________________________________________________________________________________________

 

 As ___ attorney for the appellant ____ Pro Se appellant, I hereby certify that on the ___ day of __________, 20__, I asked / made a written request to the clerk of the circuit court to prepare the record on appeal, and on the ___ day of _______, 20__, I made a written request to the court reporting personnel to prepare the transcript(s).

 

_______________      ______________________               __________________

Date                                  Appellant=s Attorney                    Pro Se Appellant

 

In lieu of court reporting personnel=s signature, I have attached the written request to the court reporting personnel to prepare the transcript (s).

 

_______________      ______________________               __________________

Date                                  Appellant=s Attorney                    Pro Se Appellant

 

 

I hereby acknowledge receipt of an order for the preparation of a report of proceedings.

 

_______________________              ________________________________          Date                                                                       Court Reporting Personnel  or Supervisor

 

 

Amended October 21, 1969, effective January 1, 1970; amended effective July 1, 1971, July 1, 1975, and February 17, 1977; amended July 15, 1979, effective October 15, 1979; amended April 27, 1984, effective July 1, 1984; amended August 27, 1999, effective immediately; amended October 22, 1999, effective December 1, 1999; amended December 13, 2005, effective immediately; amended July 27, 2006, effective September 1, 2006; amended March 20, 2009, effective immediately ; amended Dec. 12, 2012, eff. Jan. 1, 2013; amended Feb. 6, 2013, eff. immediately; amended Dec. 11, 2014, eff. immediately.

 

Rule 607. Appeals by Poor Persons

 (a) Appointment of Counsel. Upon the imposition of a death sentence, or upon the filing of a notice of appeal in any case in which the defendant has been found guilty of a felony or a Class A misdemeanor, or in which he has been found guilty of a lesser offense and sentenced to imprisonment or periodic imprisonment, or to probation or conditional discharge conditioned upon periodic imprisonment, or in which a sentence of probation or conditional discharge has been revoked or the conditions attached to such a sentence modified and a sentence of imprisonment or periodic imprisonment imposed, and in cases in which the State appeals, the trial court shall determine whether the defendant is represented by counsel on appeal. If not so represented, and the court determines that the defendant is indigent and desires counsel on appeal, the court shall appoint counsel on appeal. When a death sentence has been imposed, the court may appoint two attorneys, one of whom it shall designate as the responsible attorney and the other as assistant attorney for the appeal. Compensation and reimbursement for expenses of appointed attorneys shall be as provided by statute.

      (b) Report of Proceedings. In any case in which the defendant has been found guilty and sentenced to death, imprisonment, probation or conditional discharge, or periodic imprisonment, or to pay a fine, or in which a hearing has been held resulting in the revocation of, or modification of the conditions of, probation or conditional discharge, the defendant may petition the court in which he was convicted for a report of the proceedings at his trial or hearing. If the conduct on which the case was based was also the basis for a juvenile proceeding which was dismissed so that the case could proceed, the defendant may include in his petition a request for a report of proceedings in the juvenile proceeding. The petition shall be verified by the petitioner and shall state facts showing that he was at the time of his conviction, or at the time probation or conditional discharge was revoked or its conditions modified, and is at the time of filing the petition, without financial means with which to obtain the report of proceedings. If the judge who imposed sentence or entered the order revoking probation or conditional discharge or modifying the conditions, or in his absence any other judge of the court, finds that the defendant is without financial means with which to obtain the report of proceedings at his trial or hearing, he shall order the court reporting personnel as defined in Rule 46 to transcribe an original and copy of his notes. The original and one copy of the report shall be certified by the court reporting personnel and filed with the clerk of the trial court as provided below, without charge, and in a case in which a death sentence is imposed, the original and two copies shall be certified and filed, without charge. The clerk of the trial court shall then, upon written request of the defendant, release a copy of the report of proceedings to the defendant’s attorney of record on appeal. In the event no attorney appears of record, the clerk shall, upon written request of the defendant, release the report of proceedings to the defendant, his guardian or custodian. In a death sentence case, one copy of the report of proceedings shall be made a part of the duplicate record on appeal as provided by these rules. The court reporting personnel who prepare reports of proceedings pursuant to an order under this rule shall be paid pursuant to a schedule of charges approved by the public employer and employer representative for the court reporting personnel.

      (c) Filing Fees Excused. If the defendant is represented by court-appointed counsel, the clerk of the reviewing court shall docket the appeal and accept papers for filing without the payment of fees.

      (d) Copies of Briefs or Petitions for Leave to Appeal. If the defendant is represented by court-appointed counsel, the clerk of the Supreme Court shall accept for filing not less than 15 legible copies of briefs or petitions for leave to appeal or answers thereto; and the clerks of the Appellate Court shall accept for filing not less than 6 legible copies of briefs.

 Amended effective June 23, 1967; amended October 21, 1969, effective January 1, 1970; amended effective July 1, 1971; amended June 28, 1974, effective September 1, 1974; amended September 29, 1978, effective November 1, 1978; amended July 30, 1979 and September 20, 1979, effective October 15, 1979; amended April 7, 1993, effective June 1, 1993; amended September 22, 1997, effective January 1, 1998; amended September 30, 2002, effective immediately; amended December 13, 2005, effective immediately; amended Feb. 6, 2013, eff. immediately.

Committee Comments
(Revised 1979)
Paragraph (a)

As adopted effective January 1, 1967, this paragraph was former Rule 27(18) with no substantial change except to provide that counsel other than the public defender may be appointed only in the discretion of the court. Rule 27(18) was derived from section 121--13(b) of the Code of Criminal Procedure. This provision harmonized the rule with the provisions of section 113--3 of the Code, as amended by the 1965 General Assembly.

As adopted in 1967, paragraph (a) provided for the appointment of counsel on appeal only in cases in which the defendant had been convicted of a crime punishable by imprisonment in the penitentiary. In 1971, the rule was amended to extend the right to appointed counsel to cases in which the defendant had been convicted of an offense punishable by imprisonment for more than six months. The term "criminal" was dropped to make it plain that the rule applied to ordinance violation cases in which the penalty could exceed six months' imprisonment. in 1974, after the decision in Argersinger v. Hamlin (1972), 407 U.S. 25, extending the right to counsel to all cases in which any imprisonment is actually imposed, paragraph (a) was amended to bring it in accord with the decision. At the same time the limitation on appointment of counsel other than the public defender was deleted.

Paragraph (b)

As adopted effective January 1, 1967, this paragraph was former Rule 27(9)(b) without substantial change. Rule 27(9)(b) was derived from earlier Rule 65--1(1), repealed effective January 1, 1964.

Like paragraph (a), this paragraph originally applied only to cases in which the defendant had been convicted of a crime punishable by imprisonment in the penitentiary. In 1971, it was amended to apply to cases in which the defendant had been convicted of an offense (including ordinance violations) punishable by more than six months' imprisonment. In 1974, it was amended to conform to the requirements set out in Mayer v. City of Chicago (1971), 404 U.S. 189, where it was held that a defendant convicted of an ordinance violation punishable by fine only is entitled, if indigent, to receive a free transcript of the proceedings at the trial. As presently worded, paragraph (b) provides that a defendant found guilty of any offense and sentenced to any of the sentences provided for in the Unified Code of Corrections (see Ill. Rev. Stat. 1973, ch. 38, par. 1005--5--3) may proceed under the rule.

Paragraph (b) was amended in October 1969 to provide explicitly that an indigent juvenile convicted of a felony after dismissal of a juvenile proceeding involving the facts on which the felony case is based is entitled to a report of proceedings of the juvenile proceeding. The need for insuring the availability of such a transcript was underscored by People v. Jiles, 43 Ill. 2d 145, 251 N.E.2d 529 (1969). The reference to "a felony case" in this provision was changed in 1971 to "that case," referring to any case that falls within the general coverage of the rule, meaning, since 1974, any case in which the defendant has been found guilty of an offense and sentenced. In 1978 paragraph (b) was amended to provide that upon written request the copy of the report of proceedings made for the defendant shall be delivered to the defendant's attorney of record, if he has one, and otherwise, on written request, released to the defendant or his guardian or custodian. This change was designed to avoid confusion over the delivery of the copy and leave a record of its delivery.

Paragraphs (c) and (d)

These provisions, new in 1967, codified existing Supreme Court practice.

In 1979, Rule 342 was amended to provide that with the exception of stated documents (see Rule 342(a)), no portions of the record shall be reproduced. Rule 317 was amended to reflect this change in the practice. See the committee comments to Rule 342. 

Commentary
(September 22, 1997)


This amendment of Rule 607(b) directing the preparation of an additional copy of the report of proceedings in a case in which a death sentence is imposed is a necessary complement to Rule 608, amended September 22, 1997, effective January 1, 1998, which requires the preparation and filing of a duplicate record on appeal, in addition to the original, in death sentence cases.


Rule 608. The Record on Appeal 

(a) Designation and Contents. The clerk of the circuit court shall prepare the record on appeal upon the filing of a notice of appeal. The record on appeal must contain the following:

(1) a cover sheet showing the title of the case;

(2) a certificate of the clerk showing the impaneling of the grand jury if the prosecution was commenced by indictment;

(3) the indictment, information, or complaint;

(4) a transcript of the proceedings at the defendant=s arraignment and plea;

(5) all motions, transcript of motion proceedings, and orders entered thereon;

(6) all arrest warrants, search warrants, consent to search forms, eavesdropping orders, and any similar documents;


(7) a transcript of proceedings regarding waiver of counsel and waiver of jury trial, if any;

(8) the report of proceedings, including opening statements by counsel, testimony offered at trial, and objections thereto, offers of proof, arguments and rulings thereon, the instructions offered and given, and the objections and rulings thereon, closing argument of counsel, communications from the jury during deliberations, and responses and supplemental instructions to the jury and objections, arguments and rulings thereon; the court reporting personnel as defined in Rule 46 shall take the record of the proceedings regarding the selection of the jury, but the record need not be transcribed unless a party designates that such proceedings be included in the record on appeal;

(9) exhibits offered at trial and sentencing, along with objections, offers of proof, arguments, and rulings thereon; except that physical and demonstrative evidence, other than photographs, which do not fit on a standard size record page shall not be included in the record on appeal unless ordered by a court upon motion of a party or upon the court=s own motion;

(10) the verdict of the jury or finding of the court;

(11) post-trial motions, including motions for a new trial, motions in arrest of judgment, motions for judgment notwithstanding the verdict and the testimony, arguments and rulings thereon;

(12) a transcript of proceedings at sentencing, including the presentence investigation report, testimony offered and objections thereto, offers of proof, argument, and rulings thereon, arguments of counsel, and statements by the defendant and the court;

(13) the judgment and sentence; and

(14) the notice of appeal, if any.

Within 14 days after the notice of appeal is filed the appellant and the appellee may file a designation of additional portions of the circuit court record to be included in the record on appeal. Thereupon the clerk shall include those portions in the record on appeal. Additionally, upon motion of a party, the court may allow photographs of exhibits to be filed as a supplemental record on appeal, in lieu of the exhibits themselves, when such photographs accurately depict the exhibits themselves. There is no distinction between the common law record and the report of proceedings, for the purpose of determining what is properly before the reviewing court.


(b) Report of Proceedings; Time. The report of proceedings contains the testimony and exhibits, the rulings of the trial judge, and all other proceedings before the trial judge, unless the parties designate or stipulate for less. It shall be certified by court reporting personnel or the trial judge and shall be filed in the trial court within 49 days after the filing of the notice of appeal. The report of proceedings shall be taken as true and correct unless shown to be otherwise and corrected in a manner permitted by Rule 329.

(c) Time for Filing Record on Appeal. The record shall be filed in the reviewing court within 63 days from the date the notice of appeal is filed in the trial court. If more than one appellant appeals from the same judgment or from different judgments in the same cause to the same reviewing court, the trial court may prescribe the time for filing the record in the reviewing court, which shall not be more than 63 days from the date the last notice of appeal is filed. If the time for filing the report of proceedings has been extended, the record on appeal shall be filed within 14 days after the expiration of the extended time.

(d) Extensions of Time. The reviewing court or any judge thereof may extend the time for filing, in the trial court, the report of proceedings or agreed statement of facts or for serving a proposed report of proceedings, on notice and motion filed in the reviewing court before the expiration of the original or extended time, or on notice and motion filed within 35 days thereafter. Motions for extensions of time shall be supported by an affidavit showing the necessity for extension, and motions made after expiration of the original or extended time shall be further supported by a showing of reasonable excuse for failure to file the motion earlier. However, when a motion for extension of time is filed pro se from a correctional institution, the movant may submit, in lieu of the affidavit referred to herein, a certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109). 

 

Amended October 21, 1969, effective January 1, 1970; amended September 29, 1978, effective November 1, 1978; amended July 30, 1979, effective October 15, 1979; amended February 19, 1982, effective April 1, 1982; amended July 3, 1986, effective August 1, 1986; amended September 22, 1997, effective January 1, 1998; amended December 13, 2005, effective immediately; amended Feb. 6, 2013, eff. immediately; amended Apr. 8, 2013, eff. immediately; amended Dec. 11, 2014, eff. immediately.

Committee Comments
(Revised July 3, 1986)

 

Paragraph (a)

This is former Rule 27(8) with certain changes. Former Rule 27(8) was derived from section 121--7(b) of the Code of Criminal Procedure of 1963 and earlier Rule 65--2, repealed effective January 1, 1964.

Paragraph (a) provided for the appellant, within 14 days of the filing of the notice of appeal, to file a designation of portions of the circuit court record to be included in the record on appeal. The appellee, within seven days thereafter, could file a designation of additional portions to be included. The paragraph further provided for the clerk to prepare the record on appeal containing the designated portions of the circuit court record or, if no designation was filed, to prepare a mandatory record containing the documents specified in the paragraph.

In 1986, paragraph (a) was amended to require the immediate preparation of a mandatory record on appeal, in all cases, upon the filing of the notice of appeal, without the need for any designation by the parties. The amendment expanded the portions of the circuit court record which must be included in the record on appeal and allows the parties to designate additional portions to be included.

Subsection (9) of paragraph (a) requires that the record on appeal in all cases where a sentence of death is imposed include a transcript of all proceedings regarding the selection of the jury. This subsection also requires the court reporters in other cases to take notes of the jury-selection proceedings, but the transcription of such notes is required only when requested by a party. The "proceedings regarding the selection of the jury" include the procedures set forth by the circuit court for the selection of the jury and for the exercise of peremptory challenges, the questions asked of prospective jurors, the responses thereto, questions refused by the court, along with objections, argument and rulings thereon.

Subsection (10) of paragraph (a) requires that all exhibits offered at trial and sentencing be included in the record on appeal. An exception to this requirement was added for exhibits, other than photographs, which are large, bulky or otherwise do not fit easily in the record on appeal. Examples of such exhibits include weapons, clothing, narcotics, charts and models. The court, however, should order such exhibits to be included in the record on appeal when they are relevant to the determination of an issue on appeal or needed for an understanding of the case. Photographs offered as exhibits are to be included in the record on appeal.

Paragraph (a), as amended in 1986, allows the filing of a supplemental record on appeal containing photographs of exhibits. The use of the photographs in lieu of the exhibits themselves should be permitted when the exhibits are large, bulky or otherwise do not fit easily in the record on appeal and the photographs of the exhibits are sufficient for the determination of the issues on appeal and for an understanding of the case.

Photographs of oversized photographic exhibits are permitted under this rule.

Paragraph (d)

Paragraph (d), as amended in 1979, applies to criminal cases the same time limitations on extensions of time to file the report of proceedings in the trial court and to file the record on appeal in the reviewing court imposed in civil cases by Rules 323(e) and 326.

The 1981 amendment places the sole authority for granting extensions of time under paragraph (d) in the reviewing court. (The trial judges remain vested with the authority to grant extensions in a narrow class of cases pursuant to Rule 608(c).)

The provision permitting a grant of an extension of time to file the report of proceedings or the record on appeal within 6 months after the entry of the judgment, added in 1969, was deleted by the 1979 amendments.

Commentary
(September 22, 1997)

This rule is amended to provide for the preparation and filing of a duplicate record in a case in which a death sentence is imposed so that the parties may use the duplicate in any collateral proceedings. The availability of a certified, duplicate record will be advantageous in situations in which post-conviction proceedings must be commenced in the trial court within the time prescribed by the Post-Conviction Hearing Act (725 ILCS 5/122-1 (West 1996)) or other papers must be filed in those proceedings and the direct appeal still is pending in the Supreme Court, rendering the record unavailable.

Photographic exhibits need not be duplicated for purposes of this amendment.

Paragraph (c) also is amended to eliminate the shorter record-filing time for capital cases, consistent with practice.

Rule 609. Stays

 (a) Death Sentences. A death sentence shall not be carried out until final order by the Supreme Court.

      (b) (a) Imprisonment or Confinement. If an appeal is taken from a judgment following which the defendant is sentenced to imprisonment or periodic imprisonment, or to probation or conditional discharge conditioned upon periodic imprisonment, or from an order revoking or modifying the conditions attached to a sentence of probation or conditional discharge and imposing a sentence of imprisonment or periodic imprisonment, the defendant may be admitted to bail and the sentence or condition of imprisonment or periodic imprisonment stayed, with or without bond, by a judge of the trial or reviewing court. Upon motion showing good cause the reviewing court or a judge thereof may revoke the order of the trial court or order that the amount of bail be increased or decreased.

      (c) (b) Other Cases. On appeals in other cases the judgment or order may be stayed by a judge of the trial or reviewing court, with or without bond. Upon motion showing good cause the reviewing court or a judge thereof may revoke the order of the trial court or order that the amount of bail be increased or decreased.

 

Amended October 21, 1969, effective January 1, 1970; amended June 28, 1974, effective September 1, 1974; amended Feb. 6, 2013, eff. immediately.

Committee Comments

(Revised September 1, 1974)

This rule is former Rule 27(16) with language changes for clarification. Rule 27(16) was derived from section 121--6 of the Code of Criminal Procedure of 1963. In 1974, paragraph (b) of the rule was amended to conform its language to that used in the Unified Code of Corrections, enacted effective January 1, 1973, as sections 1--1--1 through 8--6--1, setting forth the types of sentences available to the trial court in criminal proceedings and making provision for the modification of sentences imposed upon conditions. The 1974 amendment to the rule also permits stay of a sentence or condition of imprisonment "with or without bond."

Rule 610. Motions

Motions in reviewing courts shall be governed by Rule 361, except that in addition to the requirements set forth in Rule 361 every motion for extension of time in a criminal case shall be supported by an affidavit showing the following:

      (1) the date on which counsel was engaged or appointed to prosecute the appeal;

      (2) the date on which the complete record was filed in the reviewing court;

      (3) the reason for the present request for an extension.

      However, when a motion for is filed pro se from a correctional institution, the movant may submit, in lieu of the affidavit referred to herein, a certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109). 

      The purpose of this rule is the achievement of prompt preparation and disposition of criminal cases in the reviewing courts, and motions for extension of time are looked upon with disfavor.

Amended September 29, 1978, effective November 1, 1978; amended Dec. 11, 2014, eff. immediately.

 

Committee Comments

(Revised September 29, 1978)

This rule is an amalgam of former Rules 49 and 49--1, and is applicable to criminal cases in both the Supreme Court and the Appellate Court.

Prior to amendment in 1978, paragraph (3) provided that a motion for extension of time should include the number of extensions previously obtained from the reviewing court and the reason for each such extension. In 1978, this requirement was made applicable to civil cases by the addition of Rule 361(g), and accordingly paragraph (3) was rescinded and paragraph (4) became paragraph (3). Since motions in criminal cases are generally governed by Rule 361, this makes no change in the practice in criminal appeals.


 

Rule 611. Oral Argument

 (a) Sequence and Manner of Calling. The sequence and manner of calling cases for oral argument is governed by Rule 351, except that oral argument in cases in which a death sentence has been imposed shall be given priority over all other cases, and priority shall be given to appeals in criminal cases over appeals in civil cases.

      (b) Other Matters. In other respects oral argument is governed by Rule 352. 

      Amended Feb. 6, 2013, eff. immediately.

Committee Comments

This is former Rule 27(15) with language changes for clarification. Rule 27(15) was derived in part from section 121--12(c) of the Code of Criminal Procedure of 1963.

Rule 612. Procedural Matters Which Are Governed by Civil Appeals Rules 

The following civil appeals rules apply to criminal appeals insofar as appropriate:

      (a) Dismissal of appeals by the trial court: Rule 309.

      (b) Appeals to the Supreme Court: Rules 302(b), 302(c), 315, 316, 317, and 318.

      (c) Procedure if no verbatim transcript is available and procedure for an agreed statement of facts: Rules 323(c) and (d).

      (d) Preparation and certification of record on appeal by clerk: Rule 324. (The certification in a death sentence case also shall make reference to the duplicate record.)

      (e) Transmission of record on appeal or certificate in lieu of record: Rule 325. (If the defendant is represented by court-appointed counsel, no fees need be paid to the clerk of the trial court. If a certificate in lieu of record is filed in a death sentence case, the duplicate record as provided by Rule 608 still must be timely filed in the Supreme Court.)

      (f) Notice of filing: Rule 327.

      (g) Amendment of the record on appeal: Rule 329. (In a death sentence case, in addition to any supplemental record which may be filed pursuant to Rule 329, a duplicate supplemental record must be certified and filed.)

      (h) Return of record on appeal: Rule 331. (In a death sentence case, the duplicate record need not be returned to the clerk of the trial court.)

      (i) Contents, form, length, number of copies, etc., of briefs: Rule 341.

      (j) Abstract: Rule 342.

      (k) Times for filing and serving briefs: Rule 343.

      (l) Briefs amicus curiae: Rule 345.

      (m) Inspection of original exhibits: Rule 363.

      (n) Appeal to wrong court: Rule 365.

      (o) Rehearing in reviewing courts: Rule 367.

      (p) Issuance, stay, and recall of mandates from reviewing court: Rule 368.

      (q) Process in reviewing courts: Rule 370.

      (r) Removing records from the reviewing court: Rule 372.

      (s) Constructive date of filing papers in reviewing court: Rule 373.

 

Amended October 21, 1969, effective January 1, 1970; amended effective January 1, 1970, and July 1, 1971; amended July 30, 1979, effective October 15, 1979; amended September 22, 1997, effective January 1, 1998; amended May 24, 2006, effective September 1, 2006; amended July 27, 2006, effective September 1, 2006; amended Feb. 6, 2013, eff. immediately.

Rule 613. Mandate of Reviewing Court

 (a) Death Cases. If a death sentence is affirmed the Supreme Court shall set the time when the sentence shall be executed. A certified copy of the order of execution shall be authority to the warden of the penitentiary for execution of the sentence at the time therein specified. If the judgment is reversed or modified the Supreme Court shall direct the trial court to proceed in accordance with the mandate.

      (b) (a) Other Cases. In all other cases the reviewing court shall direct the appellate or trial court to proceed in accordance with the mandate.

      (c) (b) Reversal When Appellant Is Serving Sentence. If in a case on appeal the appellant is serving the sentence imposed in the trial court and the judgment is reversed and appellant ordered discharged, the clerk of the reviewing court shall at once mail to the imprisoning officer, certified mail, return receipt requested, a copy of the mandate of the reviewing court. It shall be the duty of the imprisoning officer to release appellant from custody forthwith upon receiving a certified copy of the mandate of the reviewing court. If appellant is serving the sentence and the judgment is reversed and the cause remanded to the trial court for further proceedings, the clerk of the reviewing court shall at once mail to the imprisoning officer, certified mail, return receipt requested, a copy of the mandate of the reviewing court. The imprisoning officer shall forthwith, upon receiving the certified copy of the mandate of the reviewing court, return appellant to the trial court to which the cause was remanded.

      (d) (c) Credit for Time Served Pending Appeal. In any case in which, pending appeal, an appellant serves any portion of the sentence imposed in the trial court and the judgment of the trial court is reversed by a reviewing court and a new trial ordered, the appellant shall be given credit in any subsequent sentence for the time served pending appeal.

 

Amended June 26, 1987, effective August 1, 1987; amended September 22, 1997, effective immediately; amended Feb. 6, 2013, eff. immediately.



Committee Comments

This is section 121--14 of the Code of Criminal Procedure of 1963, with some language changes for clarification. Although it was not part of former Rule 27, the committee recommended that it be made part of the supreme court rules in keeping with the effort to place all provisions concerning appellate practice in a single body of rules.





Rule 614. Notifying Prisoner of Affirmance by Appellate Court

When a judgment of conviction of a person incarcerated in a penal institution is affirmed by the Appellate Court, the clerk of that court shall at once mail to the prisoner a copy of the opinion of the court, certified mail, return receipt requested, in an envelope marked, "OFFICIAL LEGAL MAIL--ADDRESSEE MUST ACKNOWLEDGE RECEIPT IN WRITING." The clerk shall note the date of mailing upon the records of the court.

Amended June 26, 1987, effective August 1, 1987.



Committee Comments

This is taken from former Rule 27(13), which was adopted by the Supreme Court on January 25, 1966, because of a number of cases in which defendants represented by appointed counsel had not learned of the affirmance of their cases until after the time for filing a petition to the Supreme Court for leave to appeal had expired.





Rule 615. The Cause on Appeal

(a) Insubstantial and Substantial Errors on Appeal. Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the trial court.

(b) Powers of the Reviewing Court. On appeal the reviewing court may:

(1) reverse, affirm, or modify the judgment or order from which the appeal is taken;

(2) set aside, affirm, or modify any or all of the proceedings subsequent to or dependent upon the judgment or order from which the appeal is taken;

(3) reduce the degree of the offense of which the appellant was convicted;

(4) reduce the punishment imposed by the trial court; or

(5) order a new trial.



Committee Comments

This is section 121--9 of the Code of Criminal Procedure of 1963 without change in substance.





Rules 616-650. Reserved





Rule 651. Appeals in Post-Conviction Proceedings

     

 (a) Right of Appeal. An appeal from a final judgment of the circuit court in any post-conviction proceeding involving a judgment imposing a sentence of death shall lie directly to the Supreme Court as a matter of right. All other appeals from such proceedings shall lie to the Appellate Court in the district in which the circuit court is located.

      (b) Notice to Petitioner of Adverse Judgment. Upon the entry of a judgment adverse to a petitioner in a post-conviction proceeding, the clerk of the trial court shall at once mail or deliver to the petitioner a notice in substantially the following form:

“You are hereby notified that on __________ the court entered an order, a copy of which is enclosed herewith. You have a right to appeal. In the case of an appeal from a post-conviction proceeding involving a judgment imposing a sentence of death, the appeal is to the Illinois Supreme Court. In all other cases, the appeal is to the Illinois Appellate Court in the district in which the circuit court is located. If you are indigent, you have a right to a transcript of the record of the post-conviction proceedings and to the appointment of counsel on appeal, both without cost to you. To preserve your right to appeal you must file a notice of appeal in the trial court within 30 days from the date the order was entered.”

      (c) Record for Indigents; Appointment of Counsel. Upon the timely filing of a notice of appeal in a post-conviction proceeding, if the trial court determines that the petitioner is indigent, it shall order that a transcript of the record of the post-conviction proceedings, including a transcript of the evidence, if any, be prepared and filed with the clerk of the court to which the appeal is taken and shall appoint counsel on appeal, both without cost to the petitioner. The record filed in that court shall contain a showing, which may be made by the certificate of petitioner’s attorney, that the attorney has consulted with petitioner by phone, mail, electronic means or in person to ascertain his or her contentions of deprivation of constitutional rights, has examined the record of the proceedings at the trial, and has made any amendments to the petitions filed pro se that are necessary for an adequate presentation of petitioner’s contentions.

      (d) Procedure. The procedure for an appeal in a post-conviction proceeding shall be in accordance with the rules governing criminal appeals, as near as may be. 

Amended effective January 1, 1969; amended October 21, 1969, effective January 1, 1970; amended effective July 1, 1971; amended November 30, 1984, effective December 1, 1984; amended April 26, 2012, eff. immediately; amended Feb. 6, 2013, eff. immediately.

Committee Comments

(Revised November 30, 1984)

This rule was drawn from former Rule 27--1, in effect from January 1, 1964, to January 1, 1967. Paragraph (a) was added.

Paragraphs (b) and (c) were amended effective January 1, 1969, by adding the references to appointment of counsel on appeal. Minor language changes were also made at that time.

The last sentence of Rule 651(c) was added in 1969 to implement the decisions of the court with respect to the responsibilities of an attorney representing an indigent prisoner in a post-conviction proceeding. People v. Garrison (1969), 43 Ill. 2d 121; People v. Jones (1969), 43 Ill. 2d 160; People v. Slaughter (1968), 39 Ill. 2d 278, 285.

In 1971 Rule 651 was amended to provide that appeals in post-conviction proceedings lie to the Appellate Court. Prior to that time, the appeal lay directly to the Supreme Court.

Paragraphs (a), (b), and (c) were amended in 1984 by providing that appeals from post-conviction proceedings involving a judgment imposing a sentence of death shall lie directly to the Supreme Court as a matter of right.

Rules 652-659. Reserved

Rule 660.   Appeals in Cases Arising Under the Juvenile Court Act

(a) Delinquent Minors. Appeals from final judgments in delinquent minor proceedings, except as otherwise specifically provided, shall be governed by the rules applicable to criminal cases.

(b) Other Proceedings. In all other proceedings under the Juvenile Court Act, appeals from final judgments shall be governed by the rules applicable to civil cases.

(c) All Proceedings. In all appeals filed from proceedings under the Juvenile Court Act, the minor(s) shall be identified by first name and last initial or by initials only. The preferred method is first name and last initial. The alternative method of initials only is to be used when, due to an unusual first name or spelling, the preferred method would create a substantial risk of revealing a minor's identity. The name(s) of the involved minor(s) shall not appear on any documents filed with the Appellate Court or any subsequent court.

Adopted September 8, 1975, effective October 1, 1975; amended July 1, 1985, effective August 1, 1985; amended October 1, 2001, effective immediately.

Committee Comments

(Revised July 1, 1985)

Rule 660 was added in 1975 to clarify the procedure in appeals from determinations under the Juvenile Court Act. It provides simply that appeals from determinations in delinquency proceedings are governed by the rules applicable to appeals in criminal cases, and all other appeals under the Act are governed by the rules governing appeals in civil cases.

Paragraph (b) was amended in 1985 to delete references to "minors in need of supervision," "neglected minors" and "dependent minors," because of various additions, deletions and changes in the labels which are now applied to minors who may be adjudicated wards in proceedings before the circuit court.

Paragraph (c) was added effective October 1, 2001, to help protect the identities of minors. The amendment requires that their first name and last initial, or their initials only, appear on documents filed with the Appellate Court or any subsequent court. The requirement covers the parties' briefs, motions, and other similar papers. The amendment does not require deletion of names from the trial court record in preparing the record on appeal, nor does it address the means by which the Appellate Court or a subsequent court maintains the confidentiality of documents appearing in the record.


Rule 660A. Expedited Appeals in Delinquent Minor Cases

  The expedited procedures in this rule shall apply to appeals from final judgments in delinquent minor proceedings arising under the Juvenile Court Act.

      (a) Special Caption; Service of Notice of Appeal on Trial Judge. The notice of appeal or petition for leave to appeal, docketing statement, briefs and all other notices, motions and pleadings filed by any party in relation to an appeal involving a delinquent minor case under the Juvenile Court Act shall include the following statement in bold type on the top of the front page: THIS APPEAL INVOLVES A DELINQUENT MINOR PROCEEDING UNDER THE JUVENILE COURT ACT. When the notice of appeal is filed pursuant to the provisions of Rule 606(b), it shall also be served on the trial judge.

      (b) Status Hearing in Circuit Court. Upon receipt of the notice of appeal in a delinquent minor case arising under the Juvenile Court Act, the trial judge shall take any and all action necessary to expedite preparation of the record on appeal. The trial court shall have continuing jurisdiction for the purpose of enforcing the rules for preparation of the record. The trial court may request the assistance of the chief judge to resolve filing delays, and the chief judge shall assign or reassign the court reporting personnel’s work as necessary to ensure compliance with the filing deadlines.

      (c) Record. The record on appeal shall be filed no later than 35 days after the filing of the notice of appeal or granting of leave to appeal. Any request for extension of the time for filing shall be accompanied by an affidavit of the court clerk or court reporting personnel stating the reason for the delay, and shall be served on the trial judge and the chief judge of the circuit. Lack of advance payment shall not be a reason for noncompliance with filing deadlines for the record or transcript. Any subsequent request for an extension of time shall be made to the appellate court by written notice and motion to all parties in accordance with rules.

      (d) Time for Filing of Briefs in the Reviewing Appellate Court. Unless otherwise ordered by the appellate court, the brief of the appellant shall be filed in the reviewing court within 28 days from the filing of the record on appeal. Within 28 days from the due date of the appellant’s brief, the appellee shall file a brief in the reviewing court. Within 7 days from the due date of the appellee’s brief, the appellant may file a reply brief in the reviewing court.

      (e) Oral Argument. If oral argument is requested by a party, a reviewing court shall, no later than seven days from the due date of appellant’s reply brief, determine whether the case should be called for oral argument.

      (f) Deadline for Decision. Except for good cause shown, the appellate court shall file its decision within 150 days after the filing of the notice of appeal.

      (g) Extensions of Time Disfavored. Requests for extensions of time are disfavored and shall be granted only for compelling circumstances.

      (h) Effective Date. This rule shall apply to all orders in which a notice of appeal is filed after its effective date.


      Adopted Mar. 15, 2013, eff. May 1, 2013; amended May 23, 2013, eff. July 1, 2013.


Rule 661. Appeals as Poor Persons by Minors Found To Be Delinquent

Upon the filing of a notice of appeal in any proceeding in which a minor has been found to be delinquent, or in which probation or conditional discharge imposed in such a proceeding has been revoked, appointment of counsel and the provision of a transcript of the adjudicatory and dispositional hearings without cost to the minors shall be governed by Rule 607.

Adopted effective May 29, 1968; amended September 8, 1975, effective October 1, 1975.

Committee Comments

(October 1, 1975)

Prior to 1975, Rule 661 set forth the procedure for obtaining counsel and a free transcript of the proceedings below in cases in which an appeal is taken from a delinquency proceeding in the juvenile court. This procedure was the same as that provided in Rule 607 in the case of appeals from judgments in criminal cases. In 1975, Rule 660 was added, making the rules dealing with appeals in criminal cases generally applicable to delinquency proceedings. It was thus unnecessary to repeat the substance of Rule 607 in Rule 661. Because Rule 607, by its terms, applies only to appeals from certain types of criminal cases, it was necessary to retain Rule 661 to make it plain that Rule 607 applies.





Rule 662. Adjudication of Wardship and Revocation of Probation or Conditional Discharge

(a) Adjudication of Wardship. An appeal may be taken to the Appellate Court from an adjudication of wardship in the event that an order of disposition has not been entered within 90 days of the adjudication of wardship.

(b) Revocation of Probation or Conditional Discharge. An appeal may be taken to the Appellate Court from an order revoking probation or conditional discharge in the event that an order of disposition has not been entered within 90 days from the revocation of probation or conditional discharge.

(c) Procedure. The notice of appeal in appeals under this rule shall be filed within 30 days after the expiration of the 90 days specified in this rule and not thereafter.

Adopted September 8, 1975, effective October 1, 1975.



Committee Comments

(October 1, 1975)

In juvenile court proceedings, there is a two-step procedure. First a hearing is held to adjudicate the subject juvenile a ward of the court; then there is a separate hearing resulting in a disposition. If the dispositional hearing and order follow closely the adjudicatory hearing and order, judicial efficiency dictates that an appeal should be taken after disposition. If there is a long delay in disposing of the case, however, Rule 662 provides that an appeal may be taken from the first order. The period set is 90 days to account for normal delay caused by administrative problems. After that period, if the dispositional hearing has not been held, the juvenile may appeal. In such a case he must file his notice of appeal within 30 days of the expiration of the period, and not after. Thus the 6 months' period for application for leave to appeal provided in Rule 605(c) has no application. For similar reasons, the same provisions are applied to appeals from orders revoking probation or conditional discharge in juvenile cases.





Rule 663.   Adoption-Appointment of a Guardian With Power to Consent

(a) An appeal may be taken to the Appellate Court from an order of the court empowering the guardian of the person of a minor to consent to the adoption of such a minor.

(b) The caption on an appeal taken from an order of the court empowering the guardian of the person of a minor to consent to the adoption of such a minor shall not include the name of the minor. Rather, the minor shall be identified by first name and last initial or by initials only. The preferred method is by first name and last initial. The alternative method of initials only is to be used when, due to an unusual first name or spelling, the preferred method would create a substantial risk of revealing the minor's identity.

Adopted September 8, 1975, effective October 1, 1975; amended October 1, 2001, effective immediately.



Committee Comments

(October 1, 1975)

Rule 663, added in 1975, makes an order empowering a guardian of the person of a minor to consent to the minor's adoption appealable. See Rule 307(a)(6).

Paragraph (b) was added effective October 1, 2001, to help protect the identities of minors. The amendment requires that their first name and last initial, or their initials only, appear in the caption.

Rules 664-700. Reserved

1. *See Ill. Rev. Stat. 1963, ch. 110, which contains the former rules governing writs of error, amended or repealed January 1, 1964.