Rule 274. Multiple Final Orders and Postjudgment Motion

      A party may make only one postjudgment motion directed at a judgment order that is otherwise final and appealable. The motion must be filed either within 30 days of that judgment order or within the time allowed by any extensions. If a final judgment order is modified pursuant to a postjudgment motion, or if a different final judgment or order is subsequently entered, any party affected by the order may make one postjudgment motion directed at the superseding judgment or order. Until disposed, each timely postjudgment motion shall toll the finality and appealability of the judgment or order at which it is directed. The pendency of a Rule 137 claim does not affect the time in which postjudgment motions directed at final underlying judgments or orders must be filed, but may toll the appealability of the judgment under Rule 303(a)(1). A postjudgment motion directed at a final order on a Rule 137 claim is also subject to this rule.

Adopted October 14, 2005; amended Mar. 29, 2019, eff. July 1, 2019.

Committee Comments

(January 1, 2006)             New Rule 274 clarifies the status of successive (superseding) final judgments, and of postjudgment motions directed at each final judgment, allowing one such motion per party per final judgment. Rule 274 further clarifies that a timely postjudgment motion directed at any final judgment, including a later superseding judgment, tolls the appeal time. See Rule 303. Rule 274 codifies Gibson v. Belvidere National Bank & Trust Co., 326 Ill. App. 3d 45 (2002), appeal denied, 198 Ill.2d 614 (2002) (table). Rule 274 also clarifies that Rule 137 proceedings do not affect the postjudgment motion procedures on the underlying substantive judgments in the case.


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