(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.
Plain-English Summary
Most Illinois civil appeals go to the Appellate Court first. Rule 302 carves out two situations that bypass that step. The first is when a circuit court has ruled a state or federal statute invalid — a decision important enough that the rule sends it directly to the state's highest court. The second covers proceedings under Rule 21(d), a narrow supervisory category.
The rule also lets the Supreme Court pull a case up from the Appellate Court after a notice of appeal has already been filed there, if the case involves a matter the public needs decided quickly. When that happens, the clerk transfers whatever has already been filed, and the case proceeds in the Supreme Court as though it had started there.
Rule 302 also gives the Supreme Court a shortcut for disposing of cases that don't need full briefing — summary disposition when no real question is presented, or when the court lacks jurisdiction — and a separate power to vacate and send a case back when the trial court skipped the certification steps Rule 18 requires for constitutional rulings.
Frequently Asked Questions
When does an appeal go directly to the Supreme Court instead of the Appellate Court?
Mainly when the circuit court has held a state or federal statute invalid, or in the specific supervisory proceedings covered by Rule 21(d).
Does a federal preemption ruling count as holding a statute invalid under Rule 302?
No. The rule specifically excludes a finding that a state statute is preempted by federal law from the definition of invalidity that triggers direct appeal.
Can the Supreme Court take a case away from the Appellate Court after the appeal has started?
Yes, if the public interest calls for a quick decision, the Supreme Court can order the appeal transferred to it after the notice of appeal has already been filed with the Appellate Court.
What happens if the trial court's constitutional ruling doesn't comply with Rule 18?
The Supreme Court can vacate the judgment and send the case back without deciding the constitutional question itself.
Can the Supreme Court decide a direct appeal without oral argument?
Yes, after briefing, the court may dispose of a case without argument or opinion if it presents no substantial question or if the court lacks jurisdiction.
Committee Comments and Commentary
(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.
Amendment History
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.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:direct appeal to Illinois Supreme Courtstatute held unconstitutional appealRule 21(d)summary disposition appealcertification Rule 18