Rule 317.Appeals from the Appellate Court to the Supreme Court as of Right

Article III. Civil Appeals Rules · Part B. Appeals from the Appellate Court to the Supreme Court · Last amended 2017 · Last verified July 20, 2026

In one sentenceRule 317 lets a party go to the Supreme Court as a matter of right, without needing leave, when a statute has been held invalid or when a constitutional question comes up for the first time because of what the Appellate Court did.

Full Text of Ill. S. Ct. R. 317

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Appeals from the Appellate Court shall lie to the Supreme Court as a matter of right in cases

in which a statute of the United States or of this state has been held invalid or in which a question under the Constitution of the United States or of this state arises for the first time in and as a result of the action of the Appellate Court. The appeal shall be initiated by filing a petition in the form prescribed by Rule 315, except that the petition shall be entitled “Petition for Appeal as a Matter of Right.” Item (1) of the petition shall state that the appeal is taken as a matter of right and item (5) shall contain argument as to why appeal to the Supreme Court lies as a matter of right. In other respects the procedure is governed by Rule 315. If leave to appeal is to be sought in the alternative, the request therefor must be included in the same petition, and item (1) thereof shall include an alternative prayer for leave to appeal, and item (5) the argument as to why in the alternative leave to appeal should be allowed as a matter of sound judicial discretion. When both appeal as a matter of right and leave to appeal are sought, both requests will be disposed of by a single order. If the court allows the petition, briefs shall be filed as provided in the case of appeal by leave under Rule 315.

Plain-English Summary

Rule 317 covers the narrow group of cases where a party doesn't need the Supreme Court's permission to be heard. If the Appellate Court's decision held a state or federal statute invalid, or if a federal or state constitutional question arose for the first time only because of what the Appellate Court did, the losing party can appeal as a matter of right.

The mechanics track Rule 315 closely — the petition follows the same form, just retitled a “Petition for Appeal as a Matter of Right,” with an argument explaining why the appeal qualifies for that right instead of discretionary review. A party unsure whether the right-of-appeal grounds will hold up can ask for leave to appeal in the alternative within the same petition, and the court resolves both requests together in one order.

Frequently Asked Questions

When can I appeal to the Supreme Court as a matter of right instead of asking for leave?

When the Appellate Court held a state or federal statute invalid, or when a constitutional question arose for the first time as a result of the Appellate Court's own decision.

How is a Rule 317 petition different from a Rule 315 petition for leave to appeal?

It follows the same format but is titled a “Petition for Appeal as a Matter of Right” and argues why the appeal is guaranteed rather than discretionary.

Can I ask for leave to appeal in case the court doesn't agree my appeal is a matter of right?

Yes. You can include an alternative request for leave to appeal in the same petition, and the court will decide both requests together.

What happens to briefing if my Rule 317 appeal is allowed?

Briefs are filed the same way as in an appeal allowed by leave under Rule 315.

Does a constitutional issue raised in the trial court and repeated on appeal qualify under Rule 317?

No. The rule is limited to constitutional questions that arise for the first time as a result of the Appellate Court's action, not ones already raised below.

Committee Comments

(Revised 1979)

This rule provides, in the language of the Constitution (art. VI, §4 (c)), for appeals as of right from the Appellate Court in cases in which ``a question under the Constitution of the United States or of this State arises for the first time in and as a result of the action of the Appellate Court.” The procedure in such cases will be similar to that provided in Rule 315 for petitions for leave to appeal, except that the petition need only contain argument as to why appeal lies to the Supreme Court as a matter of right. Prior to the adoption of this rule effective January 1, 1967, such appeals were taken by notice of appeal. (See former Rule 32(3).) The experience of the Supreme Court was that this procedure was often invoked improperly, a fact which the court would not usually discover until full briefs on the merits were filed and the case was scheduled for oral argument. The time of counsel and of the court is saved by giving the court an opportunity to determine this preliminary question on the basis of a petition filed in advance.

The rule was amended in June 1970 (a) to make mandatory the provision that if leave to appeal is to be sought in the alternative to appeal as of right, the requests for both alternatives are to appear in the same petition, and (b) to provide expressly that if there are requests for both an appeal as of right and an appeal by leave, the court will dispose of both requests in a single order.

In 1979, Rule 342 was amended to provide that, with the exception of stated documents (see Rule 342(a)), no portions of the record shall be reproduced, and that, absent an order of the reviewing court, no abstract shall be prepared and filed. The last sentence of Rule 317 was amended to reflect this change in the practice. See the committee comments to Rule 342.

Amendment History

Amended June 26, 1970, effective July 1, 1970; amended July 30, 1979, effective October 15, 1979; amended February 10, 2006, effective July 1, 2006; 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: appeal as of right Supreme Court Illinoisstatute held invalid appealconstitutional question first arising on appealRule 317 Illinois