Petition; Time To File; Where To

File; Service; Fee (a) A petition for certification shall be filed by the petitioner within twenty days of (1) the date the opinion is officially released as set forth in Section 71-4 or (2) the issuance of notice of any order or judgment finally determining a cause in the Appellate Court, whichever is earlier. If within this period a timely motion is filed which, if granted, would render the Appellate Court order or judg- ment ineffective, as, for example, a motion for reconsideration, or if within this period an applica- tion for waiver of fees is filed, then the twenty days shall run from the issuance of notice of the decision thereon. (b) All petitions for certification to appeal shall be filed and all fees paid in accordance with the provisions of Section 60-7 or 60-8. The petition for certification will be docketed upon filing but may be returned or rejected for noncompliance with the Rules of Appellate Procedure. The petitioner shall deliver a copy of the petition to every other party in the manner set forth in Section 62-7. The appellate clerk will send notice of the filing to the trial judge and the clerk of the trial court that rendered the decision sought to be appealed. A fee shall not be required for a petition when either (1) no fee was required to file the appeal, or (2) the petitioner was granted a waiver of fees to file the appeal. In workers’ compensation cases, the petitioner shall also deliver a copy of the petition to the administrative law judge, and in an appeal from the board, the petitioner shall also deliver a copy of the petition to the board. (c) Any other party aggrieved by the judgment of the Appellate Court may file a cross petition within ten days of the filing of the original petition. The filing of cross petitions, including the payment of the fee, delivery pursuant to Section 62-7, the form of the cross petition, and all subsequent pro- ceedings shall be the same as though the cross petition were an original petition. (d) The filing of a petition or cross petition by one party shall not be deemed to be a filing on behalf of any other party. (e) No petition or opposition shall be filed after the expiration of the time for its filing unless the filer demonstrates good cause for its untimeliness in a separate section captioned ‘‘good cause for late filing.’’ No amendment to a petition or opposi- tion shall be filed without permission of the court. (P.B. 1978-1997, Sec. 4129.) (Amended July 23, 1998, to take effect Jan. 1, 1999; amended July 21, 1999, to take effect Jan. 1, 2000; amended Oct. 10, 2001, to take effect Jan. 1, 2002; amended May 4, 2006, to take effect Jan. 1, 2007; amended July 26, 2012, to take effect Jan. 1, 2013; amended June 27, 2013, to take effect Oct. 1, 2013; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended June 6, 2018, to take effect Sept. 1, 2018; amended Oct. 24, 2018, to take effect Jan. 1, 2019; amended July 15, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: Prior to 2026, the second paragraph of subsection (b) provided: ‘‘The petitioner shall deliver a copy of the petition to every other party in the manner set forth in Section 62-7. The appellate clerk will send notice of the filing to the clerk of the original trial court and to the clerk of any trial courts to which the matter was transferred.’’ What is now subsection (e) was added. COMMENTARY—2026: The purpose of these amend- ments is to codify the practice of the Office of the Appellate Clerk of sending a copy of the petition to the trial judge and the clerk of the trial court that rendered the decision that is the subject of the prospective appeal, and to reinstate the good cause requirement for the filing of a late petition or opposition.