Rule 366 Powers of Reviewing Court; Scope of Review and Procedure; Lien of Judgment

(a) Powers. In all appeals the reviewing court may, in its discretion, and on such terms as it deems just, (1) exercise all or any of the powers of amendment of the trial court; (2) allow substitution of parties by reason of marriage, death, bankruptcy, assignment, or any other cause, allow new parties to be added or parties to be dropped, or allow parties to be rearranged as appellants or appellees, on such reasonable notice as it may require; (3) order or permit the record to be amended by correcting errors or by adding matters that should have been included; (4) draw inferences of fact; and (5) enter any judgment and make any order that ought to have been given or made, and make any other and further orders and grant any relief, including a remandment, a partial reversal, the order of a partial new trial, the entry of a remittitur, or the enforcement of a judgment, that the case may require.

(b) Scope of Review

(1) General

(i) Error of Law. Any error of law affecting the judgment or order appealed from may be brought up for review.

(ii) Error of Fact. Any error of fact, in that the judgment or order appealed from is not sustained by the evidence or is against the weight of the evidence, may be brought up for review.

(2) Scope and Procedure on Review in Jury Cases. In jury cases the following rules govern:

(i) Instructions. No party may raise on appeal the failure to give an instruction unless the party shall have tendered it.

(ii) Remittitur. Consenting to a remittitur as a condition to the denial of a new trial does not preclude the consenting party from asserting on appeal that the amount of the verdict was proper. No cross-appeal is required.

(iii) Post-Trial Motion. A party may not urge as error on review of the ruling on the party’s post-trial motion any point, ground, or relief not specified in the motion.

(iv) Review of Conditional Rulings on Post-Trial Motion. The reviewing court, if it determines to reverse an unconditional ruling of the trial court on a post-trial motion, may review and determine any conditional rulings made by the trial court on other questions raised by the motion. No cross-appeal is required.

(3) Scope and Procedure on Review in Nonjury Cases. In non-jury cases the following rules govern:

(i) Special Findings and Motions Unnecessary. No special findings of fact, certificate of evidence, propositions of law, motion for a finding, or demurrer to the evidence is necessary to support the judgment or as a basis for review. The sufficiency of the evidence to support the judgment is subject to review without formal action to preserve the question.

(ii) Post-Judgment Motions. Neither the filing of nor the failure to file a post-judgment motion limits the scope of review.

(iii) Procedure When Judgment at Close of Plaintiffs Case is Reversed. If a judgment entered in favor of the defendant pursuant to a motion for a finding or judgment at the close of plaintiff’s case is reversed on appeal, the case shall be remanded with directions to proceed as though the motion had been denied by the trial court or waived.

(c) Lien of Judgment. If the reviewing court enters final judgment and orders its enforcement, a certificate or certified copy of the judgment may be filed in the office of the recorder of deeds of any county in which real estate of the judgment debtor is situated and, in case of registered land, a memorial thereof entered upon the register of the last certificate of the title to be affected, and the judgment shall thereupon have the same force and effect as a lien upon the real estate, as if the judgment had been originally rendered by a court in that county.