Rule 309. Dismissal of Appeals by the Trial Court

Rule 309. Dismissal of Appeals by the Trial Court

Before the record on appeal is filed in the reviewing court, the trial court may dismiss the

appeal of any party (1) on motion of that party or (2) on stipulation of the parties. The order of

dismissal entered by the trial court shall be forwarded by the clerk to the reviewing court within 5

days after the entry of such order.

Amended July 30, 1979, and September 20, 1979, effective October 15, 1979; amended January 5,

1981, effective February 1, 1981; amended June 22, 2017, eff. July 1, 2017.

Committee Comments

(Revised January 5, 1981)

This rule is based upon former Rule 36(1)(e). The provision permitting the trial court to dismiss

on motion of the appealing party was new in 1969. The last sentence was added in 1979 in view

of the change in the practice in that year calling for immediate docketing of the appeal in the

reviewing court upon receipt of the copy of the notice of appeal transmitted by the clerk of the

circuit court. (See the committee comments to paragraph (f) of Rule 303.) For the same reasons

the first sentence was amended in 1981 to limit the power of the circuit court to dismiss to the

period before the record on appeal is filed, rather than the period before the case is docketed, as

provided in the original text.