Saturday, May 31, 2014

Supreme Court Amends Rule 306: Appellate Court May Vacate or Modify Stay

By Charlie Ingrassia
Law Clerk to Hon. Susan F. Hutchinson, Illinois Appellate Court, Second District

On May 29, 2014, the Illinois Supreme Court amended Rule 306, which governs interlocutory appeals by permission. The amendment added language to subsection (c)(5), which provides that if a petition for an interlocutory appeal is granted, the proceedings at the trial court are stayed. The amended subsection (c)(5) provides that the Appellate Court, or a judge on that court, "may vacate or modify the stay." 

The committee comments note that, "in exceptional circumstances or by agreement of the parties," it may be appropriate for certain aspects of the case to continue at the trial court, "such as discovery, for example." However, the continuation may not interfere with appellate review or otherwise offend "notions of substantial justice," and the trial court is not permitted to enter an order that interferes with appellate review. The amendment becomes effective on July 1, 2014. 

Will parties be more inclined to seek a permissive interlocutory appeal knowing that certain aspects of the case may proceed at the trial court while the interlocutory appeal (if granted) remains pending?

Recommended Citation: Charlie Ingrassia, Supreme Court Amends Rule 306: Appellate Court May Vacate or Modify StayThe Brief, (May 31, 2014),

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