(a) Filing of Mandate. The clerk of the circuit court shall file the mandate promptly upon
receiving it.
Rule 369.Filing of Mandate in Circuit Court and Proceedings Thereafter
Article III. Civil Appeals Rules · Part F. Other Provisions · Last amended 1982 · Last verified July 20, 2026
In one sentenceRule 369 tells the circuit court clerk to file the mandate promptly and explains what happens next depending on whether the appeal was dismissed, affirmed, or the case was sent back.
Full Text of Ill. S. Ct. R. 369
(b) Dismissal or Affirmance. When the reviewing court dismisses the appeal or affirms the judgment and the mandate is filed in the circuit court, enforcement of the judgment may be had and other proceedings may be conducted as if no appeal had been taken.
(c) Remandment. When the reviewing court remands the case for a new trial or hearing and the mandate is filed in the circuit court, the case shall be reinstated therein upon 10 days’ notice to the adverse party.
Plain-English Summary
Once a reviewing court sends its mandate down, the circuit clerk has to file it right away. What happens after that turns on the outcome of the appeal.
If the appeal was dismissed or the judgment affirmed, the trial court judgment can be enforced and the case moves forward as though there had never been an appeal. If instead the reviewing court remanded the case for a new trial or hearing, the case gets reinstated in the circuit court once the party seeking that gives the other side 10 days' notice.
Frequently Asked Questions
What must the circuit court clerk do once the mandate arrives?
File it promptly.
What happens if the appeal was dismissed or the judgment affirmed?
The judgment can be enforced and other proceedings can go forward in the circuit court as if there had been no appeal.
What happens if the reviewing court remanded the case?
The case is reinstated in the circuit court on 10 days' notice to the other side.
Who has to give that 10 days' notice?
The party seeking to reinstate the remanded case notifies the adverse party.
Does the winning party need to file anything else before enforcing an affirmed judgment?
No. Once the mandate is filed, enforcement can proceed without further steps under this rule.
Committee Comments
This rule is a revision of and supersedes section 88 of the Civil Practice Act. Change here has been made in light of the provision in Rule 368 for automatic issuance of the mandate.
Amendment History
Amended May 28, 1982, effective July 1, 1982.
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: mandate filed circuit courtreinstating a remanded caseenforcing judgment after appealmandate after affirmance