Legal Memorandum: Untimely appeals

Issue: Under Illinois law, must an appeal be treated as untimely when it is a day late?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Appeal; Untimely; Late; Pro Se;
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

In In re Joseph M., 405 Ill. App. 3d 1167 (2010), the respondent appealed an order of the circuit court of Randolph County finding him subject to involuntary admission. The respondent filed pro se a notice of appeal that stated, in its entirety, " ‘Joe Henry M[.] will [sic] like to appeal my case November 19, 2008, State Illinois Circuit Court for the 20th Judicial Circuit Randolph County Courthouse.’ " Id. at 1171. The State argued that the notice of appeal failed to confer jurisdiction on this court because it failed to comply with various requirements of Rule 303. Id. We disagreed, finding that the notice of appeal was sufficient to confer jurisdiction because it fairly and accurately identified the order appealed from and the relief sought, and that the State suffered no prejudice, as demonstrated by its filing of an appellate brief. Id. at 1171.

In re M.S., No. 5-15-0368, 2016.IL.0000243 (Ill. Ct. App. Feb. 8, 2016) (VersusLaw).

Date: March 1, 2016

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