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Rule 316.Appeals from Appellate Court to Supreme Court on Certificate

Article III. Civil Appeals Rules · Part B. Appeals from the Appellate Court to the Supreme Court · Last amended 2020 · Last verified July 20, 2026

In one sentenceRule 316 lets the Appellate Court itself certify that a case it decided is important enough for the Supreme Court to review, opening a path to Supreme Court review separate from an ordinary petition for leave to appeal.

Full Text of Ill. S. Ct. R. 316

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Appeals from the Appellate Court shall lie to the Supreme Court upon the certification by the
Appellate Court that a case decided by it involves a question of such importance that it should be decided by the Supreme Court. Application for a certificate of importance may be included in a petition for rehearing or may be made by filing a petition, clearly setting forth the grounds relied upon, with the clerk of the Appellate Court within 35 days after the entry of the judgment appealed from if no petition for rehearing is filed or, if a petition for rehearing is filed, within 14 days after the denial of the petition or the entry of the judgment on rehearing. An application for a certificate of importance does not extend the time for filing a petition for leave to appeal to the Supreme Court. The length of the application and answer, if any, shall be governed by Supreme Court Rule 367. No answer to an application for a certificate of importance will be received unless requested by the Appellate Court.
When the Appellate Court has granted a certificate of importance, the clerk of that court shall transmit to the clerk of the Supreme Court the record on appeal that was filed in the Appellate Court, with the certified Appellate Court record and opinions appended thereto, and the certificate of importance of the Appellate Court. The Appellate Court may require bond as a condition of granting a certificate of importance. The record shall be transmitted to the office of the clerk of the Supreme Court not later than 14 days from the date the certificate of importance is granted. Briefs shall be filed as provided in Rules 341 through 343. The appellant’s brief shall contain the Appellate Court opinion.
End

Plain-English Summary

Rule 315 asks the losing party to convince the Supreme Court a case matters. Rule 316 works the other direction: the Appellate Court that decided the case can certify, on its own judgment, that the case involves a question important enough for the Supreme Court to take up. A party requests that certificate either within a petition for rehearing or in a separate petition filed within 35 days of judgment, or 14 days after rehearing is denied or decided.

Requesting a certificate of importance doesn't buy extra time to also file an ordinary petition for leave to appeal under Rule 315 — the two deadlines run independently. Once the Appellate Court grants the certificate, its clerk has to send the record, the certified opinion, and the certificate itself to the Supreme Court within 14 days, and briefing then follows the same schedule used for other Supreme Court appeals.

Frequently Asked Questions

What is a certificate of importance under Rule 316?
A statement from the Appellate Court itself, certifying that a case it decided raises a question important enough for the Supreme Court to review.
How is a Rule 316 certificate different from a Rule 315 petition for leave to appeal?
A Rule 315 petition asks the Supreme Court to take the case; a Rule 316 certificate comes from the Appellate Court certifying the case's importance on its own.
Can I ask for a certificate of importance as part of my petition for rehearing?
Yes, the application can be included in a petition for rehearing or filed separately within the deadlines the rule sets.
Does applying for a certificate of importance extend my deadline to file a petition for leave to appeal?
No. The rule states that an application for a certificate of importance doesn't extend the time to seek leave to appeal under Rule 315.
How quickly must the record reach the Supreme Court once a certificate of importance is granted?
Within 14 days of the date the Appellate Court grants the certificate.

Committee Comments and Commentary

(Revised 1979)

This rule providing for appeal by certificate of importance from the Appellate Court is former Rule 32(2) without change in substance except that the time for filing is slightly changed. It is measured in multiples of 7 days and the periods run from the date the judgment is entered. The revision makes it clear that application for a certificate of importance may be included in a petition for rehearing or may be filed separately within the time specified. It is important to notice, however, that the application does not extend the time for petitioning the Supreme Court to grant leave to appeal as a matter of discretion. It may therefore be more convenient and prudent, if a petition for rehearing is to be filed, to join the application for certificate of importance with the petition for rehearing.
In 1979, Rule 342 was amended to provide that, with the exception of stated documents (see Rule 342(a)), no portions of the record shall be reproduced, and that, absent an order of the reviewing court, no abstract shall be prepared and filed. The last sentence of Rule 316 was amended to reflect this change in the practice. See the committee comments to Rule 342.

(December 17, 1993)

It is well established that typewritten documents are accepted for filing in the reviewing courts and that professionally printed documents are not necessary. The rule is amended to be consistent with the time frame of Rule 315(b).

Amendment History

Amended July 30, 1979, effective October 15, 1979; amended December 17, 1993, effective February 1, 1994; amended December 6, 2006, effective immediately; amended June 22, 2017, eff. July 1, 2017; amended Sept. 30, 2020, eff. Oct. 1, 2020.

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
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