Article III. Civil Appeals Rules · Part A. Appeals from the Circuit Court · Last amended 2017 · Last verified July 20, 2026
In one sentenceRule 309 lets the trial court dismiss an appeal on a party's motion or the parties' stipulation, as long as the record on appeal hasn't been filed yet in the reviewing court.
Full Text of Ill. S. Ct. R. 309
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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.
Plain-English Summary
Once a notice of appeal is filed, the case is technically on its way to the Appellate Court, but Rule 309 gives the trial court a narrow window to end the appeal before that happens. If the appealing party changes course, or if the parties agree the appeal should go away — often because they've settled — the trial court can dismiss it, either on the appellant's own motion or on the parties' joint stipulation.
That authority only lasts until the record on appeal is filed in the reviewing court. Once the record is filed, control over the appeal shifts to the appellate court, and only that court can dismiss it. The rule requires the trial court's dismissal order to reach the reviewing court within five days, so the appellate docket stays current.
Frequently Asked Questions
Can the trial court dismiss my appeal after I've already filed a notice of appeal?
Yes, but only before the record on appeal has been filed with the reviewing court, and only on your motion or the parties' stipulation.
What happens after the record on appeal is filed — can the trial court still dismiss the appeal?
No. Once the record is filed in the reviewing court, only that court has authority to dismiss the appeal.
Why would parties want the trial court to dismiss an appeal?
Most often because they've settled the case, or the appellant decides not to pursue it and both sides agree to end it quickly.
Does the trial court need both parties to agree before dismissing an appeal?
No. The rule allows dismissal on the motion of the party who took the appeal alone, or on stipulation of the parties.
How quickly does the reviewing court learn about a dismissal under Rule 309?
The trial court clerk must forward the dismissal order to the reviewing court within five days.
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.
Amendment History
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.
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:dismiss appeal trial courtvoluntary dismissal of appealwithdraw appeal Illinoisstipulation to dismiss appealsettle case pending appeal