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Rule 370.Process in Reviewing Court

Article III. Civil Appeals Rules · Part F. Other Provisions · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceRule 370 says that process issued by a reviewing court should look and work like process from the circuit court, unless the court orders otherwise.

Full Text of Ill. S. Ct. R. 370

Text sizeJump to: (a) (b)

(a) Form. The form of process in reviewing courts shall be, as near as may be, similar to
process issued by the circuit court and may be prescribed by administrative orders of the reviewing courts.
(b) Execution and Return. Process in reviewing courts shall be executed and returned in the same manner as process in the circuit court is executed and returned unless the court orders otherwise.

Plain-English Summary

Rule 370 keeps appellate process from becoming its own strange animal. The form of a summons or similar document issued in a reviewing court should be, as near as may be, similar to circuit court process, though a reviewing court can spell out the exact form through its own administrative orders.

Serving and returning that process also mirrors circuit court practice, unless the reviewing court orders a different approach for a particular case.

Frequently Asked Questions

What does "process" mean in this rule?
Formal court documents, such as a summons, issued in connection with a case pending in a reviewing court.
Does a reviewing court use its own unique form of process?
No. The form is meant to closely resemble circuit court process, though a reviewing court may set the specific form by administrative order.
How is process from a reviewing court executed and returned?
The same way circuit court process is executed and returned, unless the reviewing court orders something different.
Can a reviewing court adopt its own administrative rules for process?
Yes. The rule specifically allows administrative orders to prescribe the exact form of process used.
Why keep appellate process similar to circuit court process?
Consistency avoids confusion for clerks, sheriffs, and litigants who already know how circuit court process works.

Committee Comments

This rule is a revision of section 91 of the Civil Practice Act and former Rule 2(5). The provision for the prescribing of the form of process by administrative orders of the reviewing courts is new, but should result in no change in practice.
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: process issued by reviewing courtsummons in an appealexecution of appellate processreviewing court process form