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The County of DuPage
Wheaton, Illinois
 

Court Rules - Criminal Proceedings - Post-Trial, Post-Conviction and Appeal

IV. CRIMINAL PROCEEDINGS

ARTICLE 37: POST-TRIAL, POST-CONVICTION AND APPEAL

37.01 POST-CONVICTION PETITIONS

(a) Post-conviction petitions (725 ILCS 5/122-1 et seq.) shall be heard by the trial judge. If the judge who presided over the trial no longer is assigned to the Felony or Misdemeanor Division, the case shall be transferred to the Presiding Judge of the appropriate division, who will reassign the case in accordance with established rules.

(b) The judge assigned to hear the petition shall rule on any request for a report of proceedings.

37.02 APPEALS OF CRIMINAL CASES

(a) Notices of appeal should be made on an approved form provided by the Clerk.

(b) Appeal bonds, where appropriate, shall be entered on an approved form provided by the Clerk.

(c) Appeals by indigent defendants:

(1) Filed in Court: When an indigent defendant files a Notice of Appeal in court on the date of sentencing, the Clerk of the Court shall immediately deliver a copy of said Notice to the Administrator of Court Reporters so that preparation of the transcript may commence.

Immediately upon the appointment of counsel (Appellate Defender or otherwise), by law (725 ILCS 5/121-12), a copy of the court order making said appointment shall be forwarded to the Administrator of Court Reporters by the Clerk of the Court.

(2) Filed with Clerk of the Court: When an indigent defendant files a Notice of Appeal with the Clerk of the Court directly, outside the presence of the Court, the Clerk of the Court shall forward a copy of said Notice to the Administrator of Court Reporters.

The Clerk shall also, upon the filing, forward a copy of the Notice to the judge to whom the case is assigned so that counsel may be appointed as soon as possible. Upon the appointment of counsel, the Clerk shall supply a copy of the order making said appointment to the Administrator of Court Reporters instanter so that preparation of the Report of Proceedings may commence.