(a) Unless filing electronically, in addition to the requirements of the below-listed civil rules, the clerk of the Supreme Court shall accept for filing in Springfield not less than 13 legible copies of petitions for leave to appeal and answers thereto, briefs, and petitions for rehearing and any answer or reply thereto. The clerks of the Appellate Court shall accept for filing not less than 9 legible copies of briefs and petitions for rehearing and any answer or reply thereto. In the Supreme Court, the copies of petitions for rehearing shall be delivered or mailed by first-class mail or delivered by third-party commercial carrier, and a certificate of mailing or delivery shall be supplied to the clerk of the Supreme Court. The service and proof of service requirements contained in Rules 315, 341, and 367 shall apply.
(b) The following civil appeals rules apply to criminal appeals insofar as appropriate:
(1) Dismissal of appeals by the trial court: Rule 309.
(2) Appeals to the Supreme Court: Rules 302(b), 302(c), 315, 316, 317, and 318.
(3) Procedure if no verbatim transcript is available and procedure for an agreed statement of facts: Rules 323(c) and (d).
(4) Preparation and certification of record on appeal by clerk: Rule 324.
(5) Transmission of record on appeal: Rule 325. (If the defendant is represented by court-appointed counsel, no fees need be paid to the clerk of the trial court.)
(6) Notice of filing: Rule 327.
(7) Amendment of the record on appeal: Rule 329.
(8) Return of any paper or physical components of the record on appeal: Rule 331.
(9) Contents, form, length, number of paper copies, etc., of briefs: Rule 341.
(10) Times for filing and serving briefs: Rule 343.
(11) Briefs amicus curiae: Rule 345.
(12) Inspection of exhibits: Rule 363.
(13) Appeal to wrong court: Rule 365.
(14) Rehearing in reviewing courts: Rule 367.
(15) Issuance, stay, and recall of mandates from reviewing court: Rule 368.
(16) Process in reviewing courts: Rule 370.
(17) Removing records from the reviewing court: Rule 372.
(18) Constructive date of filing documents in reviewing court: Rule 373.
(19) Redaction of personal identifiers for documents filed in courts of review: Rule 364.
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; amended Dec. 3, 2015, eff. July 1, 2016; amended June 22, 2017, eff. July 1, 2017.
Committee Comments
(Revised 1979)
This rule was new in 1967. It cross-refers to all of the civil appeals rules that are applicable to criminal appeals.
The references to an agreed statement of facts, as provided in Rule 323(d), and to the constructive date of filing papers in the reviewing court, as provided in Rule 373, were added in 1969. The reference to Rule 302(b), which deals with by-passing the Appellate Court in appeals in cases in which the public interest requires expeditions determinations, was added in 1971.
In 1971, former paragraph (g), referring to the short record provided by repealed Rule 328, was deleted, and the successive paragraphs relettered. Newly lettered paragraphs (i), (k), and (l) were amended to reflect changes in Rules 342, 343, and 344. See the committee comments to those rules.