Legal Memorandum: A valid notice of appeal advises the prevailing party of the appeal’s nature

Issue: Under Illinois law, what notice to a party will validly fulfill the requirement of notice of appeal?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Party; Notice of Appeal; Prerequisite; Form
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

A valid notice of appeal is a prerequisite to appellate jurisdiction, but it need only advise the prevailing party of the nature of the appeal. General Motors Corp. v. Pappas, 242 Ill.2d 163, 176 (2011). A form notice of appeal is available in the circuit court of McHenry County. The notice indicates that the appeal is taken from, and there are two separate lines after each of the following, the "Judgment entered [on] __" and the "Order entered [on] __." The form notice’s distinction between "judgments" and "orders" is, to say the least, idiosyncratic; it is certainly not dictated by supreme court rules. See [regref]Ill. S. Ct. R. 303(b)(2) (eff. Jan. 1, 2015)[/regref].

In re Custody of Cooper H, No. 2-15-0916 2016.IL.0000226 (Ill. Ct. App. Feb. 8, 2016) (VersusLaw).

Date: March 1, 2016