Rule 610.Motions.
Article VI. Appeals in Criminal Cases, Post-Conviction Cases, and Juvenile Court Proceedings · Last amended 2019 · Last verified July 20, 2026
In one sentenceRule 610 applies the general reviewing-court motion rule to criminal cases and adds extra disclosure requirements for any motion asking to extend a filing deadline.
Full Text of Ill. S. Ct. R. 610
(b) In addition to the requirements set forth in Rule 361, every motion for extension of time in a criminal case shall be supported by an affidavit or a certification as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109) showing the following:
(1) the date on which counsel was engaged or appointed to prosecute the appeal;
(2) the number of days requested and the number of days granted on each of the previous motions for extension of time filed by the movant, and the total number of days granted on all of those previous motions;
(3) the total number of days requested and the total number of days granted on all of the previous motions for extension of time filed by other parties;
(4) the details of the case, including (i) the offenses of which the defendant was convicted, (ii) whether the conviction was the result of a bench or jury trial, (iii) the length of the sentence imposed, (iv) the date of the sentence, (v) the date on which the complete record was filed in the reviewing court and the length of the record, and (vi) whether the defendant is currently incarcerated and, if so, the defendant’s projected release date;
(5) the reason for the present request for an extension and counsel’s realistic expectation of the length of time needed to prepare and file the brief. The purpose of this paragraph is the achievement of prompt preparation and disposition of criminal cases in the reviewing courts, and motions for extension of time are looked upon with disfavor.
(c) Before filing a motion for extension of time in a criminal case, counsel shall confer with opposing counsel and inquire as to whether opposing counsel intends to file an objection. The results of that inquiry shall be stated in the motion in order to allow the court to rule upon the motion without waiting until the time for filing responses has expired. If counsel is unable to confer with opposing counsel, an explanation shall be stated in the motion.
(d) In addition to the requirement of Rule 361, unless filed electronically, motions in the Supreme Court for the second, third, fourth, and fifth judicial districts shall be filed with the clerk in Springfield, and motions for the first judicial district (Cook County) shall be filed with the clerk in the Chicago satellite office.
End
Plain-English Summary
Motions in a criminal appeal follow Rule 361, the same rule used in civil appeals. On top of that, Rule 610 requires an affidavit or certification supporting any extension-of-time motion, laying out when counsel was engaged or appointed, how many extensions the movant and other parties have already gotten and requested, details about the conviction and sentence, and the actual reason more time is needed.
Before filing that motion, counsel has to check with opposing counsel about whether an objection is coming, and say so in the motion. The rule is blunt about its own attitude toward these requests: extensions in criminal appeals are looked upon with disfavor.
Frequently Asked Questions
Which rule generally governs motions in a criminal appeal?
Rule 361, the same rule used in civil appeals.
What extra information must a motion for extension of time include?
When counsel was appointed or engaged, prior extensions requested and granted by the movant and other parties, details about the conviction and sentence, and the specific reason more time is needed.
Must counsel talk to the other side before asking for more time?
Yes — the motion must state whether opposing counsel plans to object, or explain why counsel couldn’t reach them.
Are extension motions favored in criminal appeals?
No, the rule says they are looked upon with disfavor.
Where are Supreme Court motions in these cases filed?
With the clerk in Springfield for the second through fifth districts, and at the Chicago satellite office for the first district.
Committee Comments
(Revised September 29, 1978)
This rule is an amalgam of former Rules 49 and 49-1, and is applicable to criminal cases in both the Supreme Court and the Appellate Court. Prior to amendment in 1978, paragraph (3) provided that a motion for extension of time should include the number of extensions previously obtained from the reviewing court and the reason for each such extension. In 1978, this requirement was made applicable to civil cases by the addition of Rule 361(g), and accordingly paragraph (3) was rescinded and paragraph (4) became paragraph (3). Since motions in criminal cases are generally governed by Rule 361, this makes no change in the practice in criminal appeals.
Amendment History
Amended September 29, 1978, effective November 1, 1978; amended Dec. 11, 2014, eff. immediately; amended June 22, 2017, eff. July 1, 2017; amended Sept. 17, 2019, eff. immediately.
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: extension of time criminal appeal Illinoismotion practice criminal appealrule 361 criminal case motionsfiling extension motion appeal