# IL. R. Ct. 309: Rule 309. Dismissal of Appeals by the Trial Court

> Illinois · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R309

## Section

- **Citation:** IL. R. Ct. 309
- **Heading:** Rule 309. Dismissal of Appeals by the Trial Court
- **Jurisdiction:** Illinois
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** IL Court Rules / Title III / Rule 309

## Text

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.

## Nearby sections

- [IL. R. Ct. 301 Rule 301. Method of Review](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R301.md)
- [IL. R. Ct. 302 Rule 302. Direct Appeals to the Supreme Court](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R302.md)
- [IL. R. Ct. 303 Rule 303. Appeals from Final Judgments of the Circuit Court in Civil Cases](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R303.md)
- [IL. R. Ct. 304 Rule 304. Appeals from Final Judgments That Do Not Dispose of an Entire Proceeding](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R304.md)
- [IL. R. Ct. 305 Rule 305. Stay of Judgments Pending Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R305.md)
- [IL. R. Ct. 306 Rule 306. Interlocutory Appeals by Permission](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R306.md)
- [IL. R. Ct. 307 Rule 307. Interlocutory Appeals as of Right](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R307.md)
- [IL. R. Ct. 308 Rule 308. Certified Questions](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R308.md)
- [IL. R. Ct. 309 Rule 309. Dismissal of Appeals by the Trial Court](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R309.md)
- [IL. R. Ct. 310 Rule 310. Prehearing Conference in the Appellate Court](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R310.md)
- [IL. R. Ct. 310.1 Rule 310.1. Appellate Settlement Conference Program](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R310_1.md)
- [IL. R. Ct. 311 Rule 311. Accelerated Docket](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R311.md)
- [IL. R. Ct. 312 Rule 312. Docketing Statement](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R312.md)
- [IL. R. Ct. 313 Rule 313. Fees in the Reviewing Court](https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R313.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_IL_TIII_R309. Check the current official text before relying on it. Not legal advice.