Important: Immediate Change to the Filing of Criminal Notices of Appeal

By Mark Kevin Wykoff, Sr.

Effective January 1st, trial clerks will no longer be required to file a Notice of Appeal in criminal cases when the defendant is represented by counsel. Instead, defense attorneys will be responsible for filing timely Notices of Appeal. Please find in this blog post information summarizing the changes to Supreme Court Rules 13, 605, and 606. It provides guidance on the timeline for filing Notices of Appeal and tips for completing a correct Notice of Appeal. This information comes from a publication prepared by the Office of the State Appellate Defender. Please review and freely share this blog post with others.

Supreme Court Rule Amendments (Effective 1/1/26):  Counsel's Obligation To File NOA 

Rule 13 (a)

• Except upon withdrawal or in a limited scope appearance, an attorney’s appearance in trial court ends upon the filing of a Notice of Appeal or upon the expiration of the time for filing the Notice, whichever occurs first.
• Committee Comment: counsel has a duty to consult with a defendant about an appeal when there’s reason to think that a rational defendant would want to appeal or when a defendant reasonably demonstrates to counsel that they’re interested in appealing.

605(a) and 606(a)

• Removes the trial clerk’s obligation to file a Notice of Appeal where a defendant is represented by counsel.
• Committee Comment to 606: “When counsel represents a defendant, counsel is responsible for preparing and filing a notice of appeal, and there is no need for the clerk to do so.”

606(d)

• A Notice of Appeal must be prepared by using or closely following the format and content of the form provided by the Court in the Article VI Forms Appendix. 

Timeline for Filing NOA

A Notice of Appeal is due 30 days after imposition of final judgment.

• Judgment is sentencing, not finding of guilt.
• If a timely Motion to Reconsider Sentence is filed, judgment is not final until the court has ruled on that Motion.
• If a Notice of Appeal is filed and then a timely Motion to Reconsider Sentence is filed, the NOA is void and a new NOA must be filed upon ruling on the Motion to Reconsider Sentence. See Rule 606(b).

Important Note: 

The only Motion to Reconsider that tolls the time for filing a NOA is the Motion to Reconsider Sentence. Other Motions to Reconsider, such as Motion to Reconsider Denial of a Motion to Withdraw the Plea, do not toll the time for filing a Notice of Appeal. People v. Dyas, 2025 IL 130082.