Appeal A Case
How to Appeal My case
If you are not satisfied with the outcome of your case, appeals from the 22nd Judicial Circuit – McHenry County are made to the 2nd District Appellate Court located in Elgin. A Notice of Appeal must be filed with the Circuit Clerk withing 30 days of the entry of the judgment or order from which you are appealing.
The McHenry County Circuit Clerk requires a written request for preparation of the record on appeal, within 30 days of filing the Notice of Appeal, directing the Circuit Clerk to prepare the record for appeal. If this written notice is not received, the appeal will not be prepared.
There is no cost to file a Notice of Appeal, but there is a fee for the preparation of the appeal. Appeals up to 100 pages will be invoiced an appeal preparation fee of $50.00. If the appeal is 101 – 200 page the total preparation fee will be $100.00. If the appeal is over 200 pages the fee will be $100.00 plus $.25 per page for the pages over 200. (705 ILCS 105/27.1a(k))
How to Request a Fee Waiver
If you cannot afford the fees, you may file an Application for Waiver of Court Fees with the Circuit Clerk. A judge will review your application and based on your income determine whether or not you qualify for a waiver (either full or partial) of court fees. Information and forms to apply for Civil Fee Waiver.
Requesting Transcripts
Transcripts (Report of Proceedings) must be requested directly from the Court Reporters. A deposit is required before the transcript will be prepared and once it is completed the Court Reporter will require the remaining balance to be paid in full. Court Reporters will not prepare the transcript unless ordered by you personally. The Court Reporter will advise you as to the procedure to be followed in ordering your transcript(s). Contact the 22nd Circuit Court Reporters through Court Administration at (815)334-4385.
Docketing Statement
The Docketing Statement should be completed and forwarded to the Appellate Court along with a $50.00 check made payable to Clerk of the Appellate Court. The docketing statement is due in the Appellate Court (address below) within 14 days of filing the Notice of Appeal with the Circuit Clerk
Office of the Clerk
2nd District Appellate Court
55 Symphony Way
Elgin, IL 60120
Once your Docketing Statement is received at the Appellate Court, you will receive a briefing schedule of all the due dates for the record on appeal. Be advised that your failure to comply with any of the above instructions will result in the dismissal of your appeal by the Appellate Court.
Free Civil Appeal Legal Answers
The Circuit Clerk’s office cannot assist you with filling out the appeal forms. By law, the Circuit Clerk’s office is prohibited from giving legal advice. For FREE legal answers to your civil appeal questions, submit your questions online to IL Free Legal Answers for advice from pro-bono attorneys who specialize in appeals.