Rule 363.Inspection of Original Exhibits on Appeal
Article III. Civil Appeals Rules · Part F. Other Provisions · Last amended 1994 · Last verified July 20, 2026
In one sentenceRule 363 lets a reviewing court call up an original trial exhibit that isn't part of the record, when seeing the actual item matters to deciding the appeal.
Full Text of Ill. S. Ct. R. 363
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Whenever, in the opinion of the reviewing court, an inspection of an original exhibit not in the
record on appeal is important to a correct decision of the appeal, the court may enter an order for its transmission, safekeeping, and return. The clerk of the reviewing court will receive the exhibit and hold it subject to the order.
Plain-English Summary
Appeals normally run on paper — the record, the briefs, the transcripts. But sometimes a judge on the reviewing court needs to look at the actual physical exhibit rather than a description of it in the record. Rule 363 gives the court a mechanism for that: it can order the original exhibit transmitted to the reviewing court, kept safe, and returned once it's no longer needed.
The clerk of the reviewing court is the one who takes custody of the exhibit and holds it under the terms of the court's order.
Frequently Asked Questions
When would a reviewing court want to see an original trial exhibit?
When, in the court's judgment, examining the actual exhibit — rather than relying on a description or copy in the record — matters to deciding the appeal correctly.
Who orders the exhibit sent to the reviewing court?
The reviewing court itself, by entering an order for the exhibit's transmission.
Who is responsible for keeping the exhibit safe once it arrives?
The clerk of the reviewing court, who receives it and holds it subject to the court's order.
Does the exhibit need to already be included in the record on appeal?
No. Rule 363 specifically applies to original exhibits that are not part of the record.
What happens to the exhibit once the court is done with it?
It's returned as directed by the court's order.
Committee Comments and Commentary
This is former Rule 51, but specifically limited to original exhibits; the former language was “original paper.”
(December 17, 1993)
The rule is changed to reflect that the reviewing court, rather than the trial court, is responsible for securing exhibits the reviewing court may wish to examine on appeal.
Amendment History
Amended December 17, 1993, effective February 1, 1994.
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:original exhibit on appealexhibit inspection appellate courttransmitting exhibit to reviewing courtphysical evidence on appeal