Rule 302. Direct Appeals to the Supreme Court

Rule 302. Direct Appeals to the Supreme Court

(a) Cases Directly Appealable. Appeals from final judgments of circuit courts shall be taken

directly to the Supreme Court (1) in cases in which a statute of the United States or of this state

has been held invalid, and (2) in proceedings commenced under Rule 21(d) of this court. For

purposes of this rule, invalidity does not include a determination that a statute of this state is

preempted by federal law.

(b) Cases in Which the Public Interest Requires Expeditious Determination. After the

filing of the notice of appeal to the Appellate Court in a case in which the public interest requires

prompt adjudication by the Supreme Court, the Supreme Court or a justice thereof may order that

the appeal be taken directly to it. Upon the entry of such an order any documents already filed in

the Appellate Court shall be transmitted by the clerk of that court to the clerk of the Supreme Court.

From that point the case shall proceed in all respects as though the appeal had been taken directly

to the Supreme Court.

(c) Summary Disposition.

(1) The Supreme Court, after the briefs have been filed, may dispose of any case without

oral argument or opinion if no substantial question is presented or if jurisdiction is lacking.

(2) The Supreme Court, on its own motion or upon the motion of a party, before or after

any brief has been filed or oral argument held, may summarily vacate and remand a judgment

of the circuit court for noncompliance with Rule 18. Such vacatur shall not constitute a

determination on the merits of the constitutional question presented.

Amended effective July 1, 1971. (An amendment of June 29, 1978, was to have abolished direct appeals

in proceedings to review orders of the Industrial Commission. The amendment was to have been

effective January 1, 1979. On December 1, 1978, the effective date of the amendment was postponed

until July 1, 1979

ll not constitute a

determination on the merits of the constitutional question presented.

Amended effective July 1, 1971. (An amendment of June 29, 1978, was to have abolished direct appeals

in proceedings to review orders of the Industrial Commission. The amendment was to have been

effective January 1, 1979. On December 1, 1978, the effective date of the amendment was postponed

until July 1, 1979. On June 1, 1979, the amendment was rescinded.) Amended August 9, 1983, effective

October 1, 1983; amended February 1, 1984, effective February 1, 1984, with Justice Moran dissenting

(see Yellow Cab Co. v. Jones (1985), 108 Ill. 2d 330, 342); amended July 27, 2006, effective September

1, 2006; amended October 4, 2011, effective immediately.

Committee Comment

(July 27, 2006)

The amendment to Rule 302(c) recognizes that the Supreme Court may summarily vacate and

remand any circuit court judgment that fails to comply with Rule 18.