Rule 362.Amendment of Pleadings and Process in the Reviewing Courts.
Article III. Civil Appeals Rules · Part F. Other Provisions · Last amended 2017 · Last verified July 20, 2026
In one sentenceRule 362 lets a party ask the reviewing court to amend pleadings or process already in the record, but only by motion with a supporting affidavit before the case is submitted for decision.
(a)Application. Any party who seeks on appeal to amend his or her pleadings or the process
in the record on appeal shall present a motion, consistent with Rule 361, supported by affidavit. No motion shall be submitted until the record on appeal is on file.
(b)Showing Necessary. The motion and the affidavit in support thereof must show the amendment to be necessary, that no prejudice will result to the adverse party if the amendment sought is permitted, and that the issues sought to be raised by the amendment are supported by the facts in the record on appeal. The amended pleading or process shall be submitted with the motion.
(c)Service. A copy of the motion and affidavit in support thereof must be served upon the other parties and proof of service filed at the time the motion and affidavit are filed.
(d)Objections. The opposing party shall have five days in which to file objections, service of which shall be made upon the movant, and proof of service filed with the clerk of the reviewing court.
(e)Time. No motion for amendment of pleadings or process will be considered if made after the cause has been submitted for decision.
(f)On Court’s Own Motion. The reviewing court may, of its own motion, before or after submission of the case for decision, order amendment to be made.
Plain-English Summary
Sometimes a pleading or piece of process in the record needs fixing after the appeal is already underway. Rule 362 lets a party ask for that fix, but only once the record on appeal is on file, and only through a motion under Rule 361 backed by an affidavit.
That affidavit has to do real work: it must show the amendment is necessary, that the other side won't be prejudiced by it, and that the record supports the new issue being raised. The proposed amended document comes attached to the motion, the other side gets five days to object, and the whole request has a hard deadline — once the case has been submitted for decision, no more amendment motions are considered.
The reviewing court isn't limited to what the parties request, though. It can order an amendment on its own, before or after the case has been submitted, whenever it sees the need.
Frequently Asked Questions
When can a party ask to amend a pleading on appeal?
Any time after the record on appeal has been filed and before the case is submitted for decision.
What must the supporting affidavit show?
That the amendment is necessary, that no prejudice will result to the other side, and that the facts in the record support the issues the amendment raises.
Does the moving party have to attach the actual amended document?
Yes, the amended pleading or process must be submitted along with the motion.
How long does the opposing party have to object?
Five days after being served with the motion and affidavit.
Can the court amend a pleading without either party asking?
Yes. The reviewing court can order an amendment on its own motion, either before or after the case is submitted for decision.
Committee Comments
This is former Rule 50 without change of substance.
Amendment History
Amended December 17, 1993, effective February 1, 1994; 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:amend pleadings on appealamend process on appealappellate amendment motioncorrecting the record on appeal