Court & Hearings

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If you lose a lawsuit, you can appeal. This is called a “civil appeal” because it is different from criminal appeals.

The civil appeals process is difficult. It involves many strict…

Motions you can file instead of appealing Print this to take with you Share this page to social media channels QUICK EXIT

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In some cases, a post-trial motion might be an option to correct or address what you feel was wrong with the circuit court's decision. After a trial or a final judgment is entered, a party may file a motion to bring to the circuit court's attention:

Newly discovered evidence,
Changes in the law, or
Errors in the court's previous handling of existing law.

These motions give the circuit court a chance to fix errors. They provide an opportunity for litigants to preserve an issue for appeal and make a more complete record for the appellate court to review.

There are specific deadlines for filing a post-judgment motion and the circuit court retains the discretion to grant it.

Non-jury trials

You can file a motion for a:

Rehearing,
Retrial,
Modification of the judgment, and
To vacate the judgment.

You must do this within 30 days after the judgment was entered.

See Illinois Compiled Statutes 735 ILCS 5/2-1203(a) and Supreme Court Rule 366 for more information and to ensure you are following deadlines and procedures.

Jury trials

Following a trial in a jury case, a party may file a single, written post-trial motion within 30 days after entry of judgment (or the discharge of the jury if no verdict is reached). The post-trial motion must “contain the points relied upon” stating the reasons that support and the relief desired.” Examples of relief include granting a new trial or entry of a judgment. All issues for appeal of the judgment, including requesting a new trial, are waived if not included.

Also, a post-trial motion filed on time "stays enforcement of the judgment." That means the circuit court's judgment cannot be enforced for a period of time. See Illinois Compiled Statutes 735 ILCS 5/2-1202 and Supreme Court Rule 366 for more information and to ensure you are following deadlines and procedures.