(a) Relief to Other Parties. In all appeals, by whatever method, from the Appellate Court to the Supreme Court, any appellee, respondent, or coparty may seek and obtain any relief warranted by the record on appeal without having filed a separate petition for leave to appeal or notice of cross-appeal or separate appeal.
Rule 318.General Rules Governing All Appeals from the Appellate Court to the Supreme Court
Article III. Civil Appeals Rules · Part B. Appeals from the Appellate Court to the Supreme Court · Last amended 2020 · Last verified July 20, 2026
In one sentenceRule 318 lays out rules that apply across every kind of appeal from the Appellate Court to the Supreme Court, including a party's ability to seek relief without filing a separate cross-appeal, a disfavored view of interlocutory review, and fee limits.
Full Text of Ill. S. Ct. R. 318
(b) Interlocutory Review. The review of cases at an interlocutory stage is not favored, and a failure to seek review when the Appellate Court’s disposition of the case is not final does not constitute a waiver of the right to present any issue in the appropriate court thereafter.
(c) Appellate Court Briefs. If it is important for the Supreme Court to know the contentions of any party in the Appellate Court, e-filed, stamped copies of the pertinent Appellate Court briefs may be filed with the Supreme Court.
(d) Fees. In appeals taken from the Appellate Court, the clerk of that court is entitled to receive from the party appealing only the fees allowed by law or these Rules.
Plain-English Summary
Rule 318 gathers a handful of rules that apply no matter which path — leave to appeal, certificate of importance, or appeal as of right — a case took to reach the Supreme Court from the Appellate Court. The most useful of these lets any appellee, respondent, or co-party seek relief supported by the record without having filed their own petition, cross-petition, or notice of cross-appeal first.
The rule also states a policy: review of a case at an interlocutory stage isn't favored. But it protects parties who choose not to seek that early review — passing up interlocutory review doesn't waive the right to raise the same issue once the case reaches a later, more appropriate stage.
Two administrative provisions round out the rule. Parties may file stamped copies of their Appellate Court briefs with the Supreme Court if knowing those arguments would help, and the Appellate Court clerk can charge appealing parties only the fees the law or the rules allow.
Frequently Asked Questions
Do I need to file my own petition to get relief if I'm the appellee in a Supreme Court appeal?
No. Rule 318(a) lets any appellee, respondent, or co-party seek relief the record supports without filing a separate petition or cross-appeal.
Does choosing not to seek interlocutory review hurt me later?
No. Rule 318(b) makes clear that skipping interlocutory review doesn't waive your right to raise the issue once the case reaches an appropriate later stage.
Can I show the Supreme Court what I argued in the Appellate Court?
Yes. Rule 318(c) lets parties file stamped copies of pertinent Appellate Court briefs if it would help the Supreme Court understand the contentions made below.
What fees can the Appellate Court clerk charge on an appeal to the Supreme Court?
Only the fees allowed by law or the Supreme Court Rules — nothing beyond that.
Does Rule 318 apply to every method of reaching the Supreme Court from the Appellate Court?
Committee Comments
This rule is taken without major change from former Rules 32(1), 32(4), 32(5) and 39(2). Paragraph (c) differs from the last mentioned rule in that it dispenses with the need for obtaining leave of the Supreme Court in order to have briefs in the Appellate Court certified to the Supreme Court. In addition it deletes the requirement of former Rule 39 that the Appellate Court briefs shall be filed only “if it is important to know the position taken by any party in the Appellate Court.”
Amendment History
Amended December 17, 1993, effective February 1, 1994; amended June 22, 2017, eff. July 1, 2017; amended Sept. 30, 2020, eff. Oct. 1, 2020.
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: general rules Supreme Court appealcross-appeal not requiredinterlocutory review disfavoredappellate court briefs Supreme Court