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Rule 310.Prehearing Conference in the Appellate Court

Article III. Civil Appeals Rules · Part A. Appeals from the Circuit Court · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceRule 310 lets the Appellate Court hold a prehearing conference to narrow the issues in a pending appeal, with a judge who won't decide the case presiding and any agreements reduced to a binding order.

Full Text of Ill. S. Ct. R. 310

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In an appeal pending in the Appellate Court, the court or a judge thereof, on its own motion or
on the request of a party, may order a prehearing conference to consider the simplification of the issues and any other matters that may aid in the disposition of the appeal. Unless otherwise agreed by the parties, a judge who will not participate in the decision of the case shall preside at the conference. The judge may enter an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel. The order controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.
Effective July 1, 1971; amended September 8, 1975, effective October 1, 1975; amended June 19, 1989, effective August 1, 1989.
End

Plain-English Summary

Appeals sometimes raise more issues on paper than the case needs decided. Rule 310 gives the Appellate Court a tool borrowed from federal appellate practice: a prehearing conference where the parties and a judge sit down to simplify the case before briefing and argument. Either the court or a party can request one.

To keep the conference from influencing the outcome, the rule calls for a judge who won't take part in deciding the case to preside, unless the parties agree otherwise. Whatever the parties agree to at the conference — narrowing issues, admissions, other agreements — gets written into an order that controls the rest of the appeal, and that order can only be changed later to prevent a real injustice.

Frequently Asked Questions

What is the purpose of a Rule 310 prehearing conference?
To simplify the issues on appeal and address anything else that could help move the case toward a faster, cleaner decision.
Who can request a prehearing conference under Rule 310?
The Appellate Court on its own, or a judge of that court, or any party to the pending appeal.
Can the judge who presides over the conference later decide the appeal?
Generally no — the rule calls for a judge who won't participate in deciding the case, unless the parties agree to something different.
Is the outcome of a prehearing conference binding on the parties?
Yes. The presiding judge enters an order reflecting the agreements and admissions made, and that order controls the rest of the case unless changing it is needed to prevent manifest injustice.
Does Rule 310 apply automatically to every appeal?
No. A conference happens only if the court orders one on its own motion or a party asks for one and the court agrees.

Committee Comments

(July 1, 1971)

This rule is based upon Rule 33 of the Federal Rules of Appellate Procedure. The provision that a judge who will not participate in the decision of the case shall preside at the conference does not appear in the Federal rule.
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: prehearing conference appealsimplify issues on appealappellate settlement conferencenarrowing issues appeal Illinois