Ill. Sup. Ct. R. 604

As amended through March 29, 2024

Rule 604 - Appeals from Certain Judgments and Orders

(a) Appeals by the State.

(1)When State May Appeal. In criminal cases the State may appeal only from an order or judgment the substantive effect of which results in dismissing a charge for any of the grounds enumerated in section 114-1 of the Code of Criminal Procedure of 1963; arresting judgment because of a defective indictment, information or complaint; quashing an arrest or search warrant; suppressing evidence; from an order imposing conditions of pretrial release; from an order denying a petition to deny pretrial release; or from an order denying a petition to revoke pretrial release.

(2)Leave to Appeal by State. The State may petition for leave to appeal under Rule 315(a).

(3)Release of Defendant Pending Appeal. A defendant shall not be held in jail or to bail during the pendency of an appeal by the State, or of a petition or appeal by the State under Rule 315(a), unless there are compelling reasons for his or her continued detention or being held to bail.

(4)Time Appeal Pending Not Counted. The time during which an appeal by the State is pending is not counted for the purpose of determining whether an accused is entitled to discharge under section 103-5 of the Code of Criminal Procedure of 1963.

(b) Appeals When Defendant Placed Under Supervision or Sentenced to Probation, Conditional Discharge or Periodic Imprisonment. A defendant who has been placed under supervision or found guilty and sentenced to probation or conditional discharge (see 730 ILCS 5/5-6 -1 through 5-6-4), or to periodic imprisonment (see 730 ILCS 5/5-7 -1 through 5-7-8), may appeal from the judgment and may seek review of the conditions of supervision, or of the finding of guilt or the conditions of the sentence, or both. He or she may also appeal from an order modifying the conditions of or revoking such an order or sentence.

(c) Appeals by Defendant Before Conviction From Bail Orders Entered Until the Effective Date of Public Act 101-652.

(1)Appealability ofO rder With Respect to Bail. Before conviction a defendant may appeal to the Appellate Comi from an order setting, modifying, revoking, denying, or refusing to modify bail or the conditions thereof. As a prerequisite to appeal the defendant shall first present to the trial court a written motion for the relief to be sought on appeal. The motion shall be verified by the defendant and shall state the following:

(i) the defendant's financial condition;

(ii) his or her residence addresses and employment history for the past 10 years;

(iii) his or her occupation and the name and address of his or her employer, if he or she is employed, or his or her school, if he or she is in school;

(iv) his or her family situation; and

(v) any prior criminal record and any other relevant facts.

If the order is entered upon motion of the prosecution, the defendant's verified answer to the motion shall contain the foregoing information.

(2)Procedure. The appeal may be taken at any time before conviction by filing a verified motion for review in the Appellate Court. The motion for review shall be accompanied by a verified copy of the motion or answer filed in the trial court and shall state the following:

(i) the court that entered the order;

(ii) the date of the order;

(iii) the crime or crimes charged;

(iv) the amount and condition of bail;

(v) the arguments supporting the motion; and

(vi) the relief sought.

No brief shall be filed. The motion shall be served upon the opposing party. The State may promptly file an answer.

(3)Disposition. Upon receipt of the motion, the clerk shall immediately notify the opposing party by telephone of the filing of the motion, entering the date and time of the notification on the docket, and promptly thereafter present the motion to the court.

(4)Report of Proceedings. The court, on its own motion or on the motion of any party, may order court repo11ing personnel as defined in Rule 46 to file in the Appellate Court a report of all proceedings had in the trial court on the question of bail.

(5)No Oral Argument. No oral argument shall be permitted except when ordered on the court's own motion.

(d) Appeal by Defendant From a Judgment Entered Upon a Plea of Guilty. No appeal from a judgment entered upon a plea of guilty shall be taken unless the defendant, within 30 days of the date on which sentence is imposed, files in the trial court a motion to reconsider the sentence, if only the sentence is being challenged, or, if the plea is being challenged, a motion to withdraw the plea of guilty and vacate the judgment.

No appeal shall be taken upon a negotiated plea of guilty challenging the sentence as excessive unless the defendant, within 30 days of the imposition of sentence, files a motion to withdraw the plea of guilty and vacate the judgment. For purposes of this rule, a negotiated plea of guilty is one in which the prosecution has bound itself to recommend a specific sentence, or a specific range of sentence, or where the prosecution has made concessions relating to the sentence to be imposed and not merely to the charge or charges then pending.

The motion shall be in writing and shall state the grounds therefor. When the motion is based on facts that do not appear of record it shall be supported by affidavit unless the defendant is filing the motion pro se from a correctional institution, in which case the defendant may submit, in lieu of an affidavit, a certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109). The motion shall be presented promptly to the trial judge by whom the defendant was sentenced, and if that judge is then not sitting in the court in which the judgment was entered, then to the chief judge of the circuit, or to such other judge as the chief judge shall designate. The trial court shall then determine whether the defendant is represented by counsel, and if the defendant is indigent and desires counsel, the trial court shall appoint counsel.

If the defendant is indigent, the trial court shall order a copy of the transcript as provided in Rule 402(e) be furnished the defendant without cost. The defendant's attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by phone, mail, electronic means or in person to ascertain defendant's contentions of error in the sentence and the entry of the plea of guilty, has examined the trial court file and both the report of proceedings of the plea of guilty and the report of proceedings in the sentencing hearing, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings.

The motion shall be heard promptly, and if allowed, the trial court shall modify the sentence or vacate the judgment and permit the defendant to withdraw the plea of guilty and plead anew. If the motion is denied, a notice of appeal from the judgment and sentence shall be filed within the time allowed in Rule 606, measured from the date of entry of the order denying the motion. Upon appeal any issue not raised by the defendant in the motion to reconsider the sentence or withdraw the plea of guilty and vacate the judgment shall be deemed waived.

The certificate of counsel shall be prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article VI Forms Appendix.

(e) Appeal From an Order Finding Defendant Unfit to Stand Trial or Be Sentenced. The defendant or the State may appeal to the Appellate Court from an order holding the defendant unfit to stand trial or be sentenced.

(f) Appeal by Defendant on Grounds of Former Jeopardy. The defendant may appeal to the Appellate Court the denial of a motion to dismiss a criminal proceeding on grounds of former jeopardy.

(g) Appeal From an Order Granting a Motion to Disqualify Defense Counsel. The defendant may petition for leave to appeal to the Appellate Court from an order of the circuit court granting a motion to disqualify the attorney for the defendant based on a conflict of interest. The procedure for bringing interlocutory appeals pursuant to this subpart shall be the same as set forth in Supreme Court Rule 306( c ).

(h) Appeals From Orders Imposing Conditions of Pretrial Release, Granting or Denying a Petition to Deny Pretrial Release, or Revoking or Refusing to Revoke Pretrial Release.

(1)Orders Appealable. An appeal may be taken to the Appellate Court from an interlocutory order of court entered under sections 110-5, 110-6, and 110-6.1 of the Code of Criminal Procedure of 1963 as follows:

(i) by the State and by the defendant from an order imposing conditions of pretrial release;

(ii) by the defendant from an order revoking pretrial release or by the State from an order denying a petition to revoke pretrial release;

(iii) by the defendant from an order denying pretrial release; or

(iv) by the State from an order denying a petition to deny pretrial release.

(2)Motion for Relief As a prerequisite to appeal, the party taking the appeal shall first present to the trial court a written motion requesting the same relief to be sought on appeal and the grounds for such relief. The trial court shall promptly hear and decide the motion for relief. Upon appeal, any issue not raised in the motion for relief, other than errors occurring for the first time at the hearing on the motion for relief, shall be deemed waived.

(3)Notice of Appeal; Time; Docketing Statement; Fee. After disposition of its motion for relief in the trial court, a party may initiate an appeal by filing a notice of appeal in the circuit court at any time prior to conviction. No docketing statement is required.

If the defendant is represented by court-appointed counsel, the clerk of the reviewing court shall docket the appeal and accept documents for filing without the payment of the appellate court filing fee.

(4)Report of Proceedings. Court reporting personnel, as defined in Rule 46, shall certify and file a report of proceedings of hearings concerning pretrial detention or release held, in the circuit court with the clerk of the circuit court within 21 days of the filing of the notice of appeal. The report of proceedings should not extend to proceedings not bearing on detention or release on conditions. If a transcript can be timely prepared, the court reporting personnel shall certify and file a transcript as the report of proceedings for purposes of the appeal. If a transcript cannot be timely prepared and if the proceedings were recorded by means of an electronic recording system, the court reporting personnel may certify the recording as the report of proceedings for purposes of the appeal and file the recording with a detailed table of contents as required by the Supreme Court of Illinois Standards and Requirements for Electronic Filing the Record on Appeal. Upon written request from the defendant or defendant's counsel, the clerk of the circuit court shall transmit a printed copy of any transcript filed by the court reporting personnel to a defendant whom the circuit court has found indigent.

The clerk of the circuit court shall provide only one printed copy of the transcript without cost to the indigent defendant.

(5)Record. Within 30 days of the filing of the notice of appeal, the clerk of the circuit court shall file the record on appeal as required by Rule 324. Motions for extension of time to file the record on appeal are disfavored and will be granted only for good cause shown.

(6)Supplement to the Record on Appeal. Supplementation of the record, including by stipulation, shall be according to Rule 329.

(7)Memoranda. The motion for relief will serve as the argument of the appellant on appeal. The appellant may file, but is not required to file, a memorandum not exceeding 4500 words, within 21 days of the filing of the record on appeal. Issues raised in the motion for relief are before the appellate court regardless of whether the optional memorandum is filed. If a memorandum is filed, it must identify which issues from the motion for relief are being advanced on appeal. Whether made in the motion for relief alone or as supplemented by the memorandum, the form of the appellant's arguments must contain sufficient detail to enable meaningful appellate review, including the contentions of the appellant and the reasons therefore and citations of the record and any relevant authorities. The appellee may file a memorandum not to exceed 4500 words in response to the motion for relief or appellant's memorandum. The response shall be filed within 21 days of the time for filing the appellant's memorandum. Each memorandum shall be clearly titled on the cover page as Appellant's Memorandum or Appellee' s Memorandum in bold type. The memoranda shall be filed in the appellate court with proof of personal or e-mail service as provided in Rule 11. Replies and requests for extension of time consistent with Rule 361 (f) will be allowed only by order of court for good cause shown.

(8)Oral Argument,· Deadline for Disposition. Oral argument will not be heard, except on the court's motion. Except for good cause shown, the time from the filing of the notice of appeal until disposition shall not exceed 100 days.

(9)Jurisdiction ofthe Circuit Court. The circuit court shall retainjurisdiction to proceed with the case during the pendency of any appeal from an order entered pursuant to sections 110-5, 110-6, and 110-6.1 of the Code of Criminal Procedure of 1963.

(10)Notiflcation o{Mootness. If the issues raised on appeal become moot due to resolution of the case or otherwise, trial counsel for the party initiating the appeal must advise the clerk of the relevant appellate district of the basis for mootness via e-mail within 24 hours, with a copy of the e-mail sent to all trial and appellate counsel of record and self-represented parties. Unless the appellant's e-mail communication expressly makes a request to dismiss the appeal, it shall be followed by a motion to voluntarily dismiss.

(11)Appeals From Subsequent Orders. No appeal from a subsequent detention or release order may be taken while a prior appeal under this rule by the same party remains pending in the appellate court.

Ill. Sup. Ct. R. 604

Amended effective 7/1/1969; amended October 21, 1969, effective 1/1/1970; amended effective 10/1/1970, 7/1/1971, 11/30/1972, 9/1/1974, and 7/1/1975; amended February 19, 1982, effective 4/1/1982; amended June 15, 1982, effective 7/1/1982; amended August 9, 1983, effective 10/1/1983; amended April 1, 1992, effective 8/1/1992; amended October 5, 2000, effective 11/1/2000; amended 12/13/2005, effective immediately; amended February 10, 2006, effective 7/1/2006; amended Nov. 28, 2012, eff. 1/1/2013; amended 2/6/2013, eff. immediately; amended 12/11/2014, eff. immediately; amended 12/3/2015, eff. immediately; amended 3/8/2016, effective immediately; amended June 22, 2017, eff. 7/1/2017; amended December 23, 2022, eff. 1/1/2023; amended July 18, 2023, eff. 9/18/2023; amended Oct. 19, 2023, eff. 10/19/2023 immediately; amended Dec. 7, 2023, eff. 12/7/2023 immediately; amended March 15, 2024, eff. 4/15/2024.

Commitiee Comment

(February 10, 2006)

Paragraph (g)

Paragraph (g) permits interlocutory review of certain attorney disqualification orders but does not change attorney disqualification law. The circuit court still has discretion to accept or reject a defendant's conflict of interest waiver, based on consideration of the interests identified in People v. Ortega, 209 Ill. 2d 354 (2004).

Committee Comments

(February 1, 2005)

The language in paragraph (a) allowing interlocutory appeals from orders decertifying a prosecution as a capital case or finding the defendant to be mentally retarded provides for the kinds of appeals contemplated by section 9-1 (h-5) of the Criminal Code of 1961 (720 ILCS 5/9-1 (h-5)) and section 114-15(f) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-15(f)).

Committee Comments

(Revised July 1, 1975)

Rule 604 was amended in September 1969 to add paragraph (b), dealing with appeals when probation has been granted. The 1969 amendment made what was formerly the entirety of Rule 604 into paragraph (a) and made an appropriate change in the title of the rule.

Paragraph (a)

Subparagraph (1) of paragraph (a) is former Rule 27(4), as it existed until January 1, 1967, with slight changes in language. (Rule 27(4) was derived from sections 121-1 and 120-2 of the Code.) The rule makes it clear that an order dismissing an indictment, information or complaint for any of the grounds enumerated in section 114-1 of the Code is appealable.

Subparagraph (2) was added by amendment effective November 30, 1972.

Subparagraph (3) is former section 120-3(a) of the Code without change.

Subparagraph (4) is section 120-3(b) of the Code without change.

Paragraph (b)

Paragraph (b) is based upon sections 117-1(d) and 117-3(e) of the Code and is included in the rule in conformity with the policy of covering all appeals in the supreme court rules, as contemplated by the judicial article of the Constitution. (111. Const., art. VI, § 16.) Paragraph (b) was amended in 1974 to cover conditional discharge and periodic imprisonment, new forms of sentence created by the adoption in Illinois of the Unified Code of Corrections.

Paragraph (c)

Paragraph (c) was added in 1971 to establish a procedure for appeals from orders in criminal cases concerning bail. Prior to its adoption, the only avenue of relief was an original petition to the Supreme Court for a writ habeas corpus. Subparagraph (c)(2) was amended in 1974 to provide that the State may file an answer.

Paragraph (d)

Paragraph (d), added in 1975, provides that before a defendant may file a notice of appeal from a judgment entered on his plea of guilty, he must move in the trial court to vacate the judgment and withdraw' his plea. Issues not raised in such a motion are waived. The time within which an appeal may be taken runs from the date on which the order disposing of the motion is entered. Provision is made for appointment of counsel and provision of a free transcript of the proceedings, which, under Rule 402(e), are required to be transcribed, filed, and made apart of the common law record.

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