The Appeals Process: The Notice of Appeal

The Notice of Appeal

After the motion for a new trial is decided in the trial court the party filing an appeal has 30 days to file a notice of appeal with the clerk of the circuit court where the trial was conducted. The notice of appeal is the formal method of transferring jurisdiction of the case from the trial court to the appellate court. This step is critical and a delay of one-day could result in the case becoming final and being unable to appeal. Once the notice of appeal is filed, the trial court is no longer authorized to make any further rulings on your case.

As stated, the filing of a notice of appeal is a jurisdictional step that must be filed on time and a notice of appeal that is untimely will forfeit your chances to appeal. The appellate court may authorize a late notice of appeal. After the notice of appeal is filed and notice is given to the appellate court, the arduous process of creating the appellate record begins. The appellate record is the evidence in an appeal. Unlike a trial where witnesses are called to testify, exhibits are introduced as evidence, stipulations are made between the parties; in a criminal appeal no new evidence can be introduced and arguments not raised at trial cannot be argued on appeal.

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Jaleel Law P.C.
1550 Spring Road Suite 120
Oak Brook, IL 60523