Any paper or physical components of the record on appeal shall be returned by the clerk of the
reviewing court to the clerk of the trial court after the final decision of the reviewing court.
Rule 331.Return of Record on Appeal
Article III. Civil Appeals Rules · Part C. Record on Appeal · Last amended 2017 · Last verified July 20, 2026
In one sentenceRule 331 requires the reviewing court's clerk to send physical and paper parts of the record on appeal back to the trial court clerk once the appeal is finally decided.
Full Text of Ill. S. Ct. R. 331
Plain-English Summary
Once an appeal ends, the record that traveled up to the reviewing court needs to go back down. Rule 331 requires the clerk of the reviewing court to return any paper or physical parts of the record on appeal to the trial court clerk after the case is finally decided.
The rule used to include an exception for records with no original papers in them, back when trial courts sometimes kept originals for other purposes like title searches. Once Rule 321 was changed to make the entire original common law record the default, that exception no longer had any cases to apply to, so it was dropped.
Frequently Asked Questions
What happens to the record on appeal after the case is decided?
The reviewing court's clerk returns any paper or physical components of the record to the clerk of the trial court.
When does the record get returned?
After the final decision of the reviewing court.
Does the reviewing court keep a copy of the record?
The rule addresses returning physical and paper components; it doesn't require the reviewing court to retain duplicates.
Who is responsible for sending the record back to the trial court?
The clerk of the reviewing court.
Why was the old exception for records without original papers removed?
Because Rule 321 now makes the entire original common law record the default content of the record on appeal, so there's no longer a case where the record contains no original papers.
Committee Comments and Commentary
(Revised 1979)
As originally adopted this rule provided that the record should be returned “unless the record contains no original papers.” It was thought at the time that while the record normally would consist primarily of original papers, there would be occasions when the trial court would order otherwise or because in the county in which the trial court sat it was considered desirable to keep original papers available for title searches. In 1979, Rule 321 was amended to provide that the record on appeal shall consist of the entire original common law trial record, unless the parties stipulate for less or the trial or reviewing court orders “less.” Thus there will be no case in which the record contains no original papers and the phrase quoted above was deleted.
Amendment History
Amended July 30, 1979, effective October 15, 1979; 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: return of record on appealrecord sent back to trial courtappeal record after decisionrecord returned to circuit clerk