30 Days Means 30 Days

In Rocha v. Munson Ski & Inboard Water Sports, Inc. et al., 2024 IL App (1st) 231469, the Illinois Appellate Court, First District, held that following a jury trial, even if the final judgment has not yet been entered because other counts are being handled on a bench trial, pursuant to 735 ILCS 5/2-1202, a post-trial motion must be filed within thirty days of the entry of judgment or discharge of the jury. After this window has passed, the trial court loses jurisdiction over the case and cannot grant a post-trial motion. 

Regina Rocha filed suit against Munson Ski & Inboard Water Sports, Inc. (Munson Ski) and others relating to Munson Ski’s sale of a boat to Rocha. In short, Rocha alleged that Munson Ski allegedly sold Rocha a boat that was “used” instead of “new.” Rocha alleged 10 counts against defendants, of which, two counts were for injunctive relief, which were continued for a bench trial as equitable claims do not confer the right to a jury trial. On Aug. 18, 2022, the jury entered verdicts in favor of defendants, and on Aug. 22, the trial court entered judgment on the jury’s verdicts.

Rocha filed a motion for entry of judgment on the two remaining counts for injunctive relief. On March 3, 2023, the court denied Rocha’s motion and entered judgment on the remaining counts in favor of Munson Ski. On April 3, Rocha filed her motion for a new trial. Defendants filed a motion to strike, arguing that Rocha’s motion was untimely under 735 ILCS 5/2-1202, as the motion for a new trial should have been filed within 30 days after the court’s entry of the jury verdict. As the result, Rocha forfeited her right to move a for a new trial. The court denied the motion for a new trial and the motion to strike. Rocha appealed. 

On appeal, the appellate court affirmed the denial of the motion for a new trial and held that 735 ILCS 5/2-1202 is jurisdictional. After the 30-day period expires, the trial court loses jurisdiction over the case unless the trial court grants an extension. However, the trial court must grant the extension within the 30-day period, not just have the motion for an extension be filed within the 30-day period. Once the period lapses, “subsequent orders entered, including a notice of appeal which would vest jurisdiction with our court, are not viable.” Here, the jury verdict was entered on August 22, 2022, which started the 30-day clock. The fact that a bench trial verdict was not entered until March 2023 does not toll the deadline. As a result, the trial court cannot grant Rocha’s post-trial motion on the jury verdict because it lacks the jurisdiction to do so as the motion was filed outside the 30-day period. 

This case highlights a key principle of Illinois law that post-trial motions can only be filed within thirty days of entry of a verdict, even if final judgment has not been entered yet. Parties should be cognizant of this fact and make sure that a post-trial motion (or motion for extension of time) is filed within the 30-day period even if the case is proceeding on other counts. 

This article originally appeared on Freeman Mathis & Gary LLP. 

About the Authors:

Donald Patrick Eckler is a partner at Freeman Mathis & Gary LLP.

Michael D. Sanders is a partner at Freeman Mathis & Gary LLP.

Joshua W. Zhao is an associate at Freeman Mathis & Gary LLP.