Legal Question in Appeals and Writs in Illinois

time frames on lack of jurisdiction

I have read - somewhere - that there is no timeframe on appeals if you are filing based on lack of jurisdiction. Where can I find this? I need to show cause. I am filing an appeal pro se. Please help quickly, time is running out for me to respond. Thank you.


Asked on 8/23/06, 1:16 am

1 Answer from Attorneys
David Jenkins Barone & Jenkins, P.C.

Re: time frames on lack of jurisdiction

What you think you have read is incorrect. The time for filing a notice of appeal is jurisdictional to the appellate court, even if your appeal is based on the argument that the trial court lacked jurisdiction. Therefore, the time limitation for filing the appeal is not going to be different.

However, you can always file a motion in the trial court asking it to vacate the judgment on the grounds that the court lacked jurisdiction. There is typically no time limitation when challenging a judgment as void for lack of jurisdiction. Once the trial court rules on that motion to vacate, you can appeal that decision if it was unfavorable.

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Answered on 8/23/06, 9:37 am


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