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Sanders , and Joshua W. In Rocha v. After this window has passed, the trial court loses jurisdiction over the case and cannot grant a post-trial motion. Rocha filed a motion for entry of judgment on the two remaining counts for injunctive relief. On April 3, , Rocha filed her motion for a new trial. 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. After the 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 day period, not just have the motion for an extension be filed within the day period. The fact that a bench trial verdict was not entered until March does not toll the deadline. 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 day period even if the case is proceeding on other counts. For more information, please contact Donald Patrick Eckler at patrick. Sanders at michael. Zhao at josh. Zhao In Rocha v. Share Save Print.