When and how to file an Appearance

An Appearance is a simple, yet very important document, used in just about every type of legal matter. The document informs the other parties in the case that you are participating in the case, and provides your contact information. If you are the Respondent or Defendant in a lawsuit, you are required to file an Appearance within 30 days of getting served with the lawsuit. If you don’t file an Appearance, the case can move forward without you and a judgment can be entered against you without you having any say of what goes in that judgment (a.k.a. getting held in default). You may also need to file an Appearance form in a case if you previously had an attorney, and that attorney has now withdrawn from the case. Illinois Supreme Court Rule 13 gives you 21 days from the time that your attorney withdraws to file an Appearance on your own, or to obtain a new attorney to file an Appearance on your behalf. If you have don’t file the Appearance, you will likely get held in default and a default judgment will be entered against you.

To complete your Appearance form, complete the caption using the same information in the caption from other court documents in the case.

This is the caption of your Appearance.

Complete the caption using the same information in the caption from other court documents in the case (i.e., the Summons and Petition/Complaint that you were served with, or a recent court order from the case).

Complete the rest of the Appearance form and sign. It is ok to sign your Appearance electronically. Make sure to include a mailing address where you are sure to receive any mailings about the case, and it’s highly recommended that you include an email address as well. If you are participating in an active lawsuit, it is essential that you regularly check your mail and email.

After completing your Appearance, prepare a Notice of Filing.

It’s not enough to simply complete the Appearance and Notice of Filing and bring it to your court date. You need to file your Appearance and Notice of Filing with the clerk of the court and send both documents to the other party or parties of the case.

Efiling is now available in every county across the State of Illinois, so you don’t need to make an unnecessary trip to the courthouse. You can can efile you Appearance through Odyssey eFileIL. For instructions on how to efile a document, read the Instructions on “How to efile a legal document into an Illinois lawsuit”.