Part 61 · Remedy by Appeal

Rule 61-3. Appeal of Judgment on Part of Complaint, Counterclaim or Cross Complaint that Disposes of All Claims in that Pleading Brought by or against One or More Parties

Amended January 1, 2026 (current)

A judgment disposing of only a part of a complaint, counterclaim or cross complaint is a final judgment if that judgment disposes of all causes of action in that complaint, counterclaim or cross complaint brought by or against a particular party or parties. Such a judgment shall be a final judgment regardless of whether judgment was rendered on the granting of a motion to strike pursuant to Section 10-44, by dismissal pursuant to Section 1030, by summary judgment pursuant to Section 1744 or otherwise. The appeal from such judgment may be deferred (unless an objection is filed pursuant to Section 61-5) until the final judgment that disposes of the case for all purposes and as to all parties is rendered. If the appeal from such a judgment is to be deferred, a notice of intent to appeal must be filed in accordance with the provisions of Section 61-5. A party entitled to appeal under this section may appeal regardless of which party moved for the judgment to be made final.

Committee Notes

(P.B. 1978-1997, Sec. 4002B.)