Appeals Flashcards
Who prepares record of appeal
circuit court clerk
3 standards of review
- De novo
- Manifest Weight of the Evidence
- Abuse of Discretion
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interlocutory appeal may be available with leave of the appellate court, From a circuit crt order that:
- grants new trial
- forum non conveniens
- D claims improper venue
- D claims lack personal jurisdiction
- affects unemancipated minors
- class certification
- disqualifies attorney
Interlocutory appeals as a right
No need to petition just go directly to trial court. for any order ruling on:
- an injuction
- mortage
- eminant domain
- parental rights
- TRO
record of appeal timing
i. Within 63 days after filing notice of appeal
ii. Extensions of time can be filed and would provide additional 35 days
What decisions are appealable
Every final judgment of a circuit court is appealable as of right by filing a notice of appeal
what is an interlocutory appeal
appeal of an interlocutory order, (order that happens before end of trial)
Appeals timeline
- file NOA with circuit court within 30 days
- within 7 days of filing NOA, you must file a notice of NOA with appeals court
- with 14 days of filing NOA you must file a docketing statement with appeals court
- 28 days after NOA is filed you receive report of proceedings
- file record of appeal within 63 days
- Appellant brief due 35 days after leave to appeal is granted
- Appellees response brief due 35 days after appellees brief is filed
- Appellants reply brief due 14 days after response brief is filed
- court will then to decide to rule based on briefs or have oral arguments
Appeal After Post-Judgment Motions Denied
the notice of appeal of the judgment is deemed to also be an appeal of the denial of the post-judgment motion.
Appeal of Final Judgments That Do Not Dispose of an Entire Proceeding Case
- If the court allows this, there must be specific language in the order.
- Must state: “the court, is making a finding that this order is final and appealable with no just reason to delay enforcement or appeal therefrom.”
- If this language is in the order, the clock starts ticking
filing notice of appeal (NOA)
- file notice of appeal (NOA) with circuit court within 30 days
- must be filed with Proof of service that you served every party in the case
- Within 7 days of filing the notice to circuit court you must file notice to Appeals court
who files record of appeal
circuit court clerk for fee
Time to file a certified question?
14 days of the trial court’s order or making of the prescribed statement
Immediate Appeal to Illinois Supreme Court
- cases in which a federal or Illinois statute has been held invalid;
- cases brought under ILSCT rule 21(c), including assignment of judges, divisions, and times and places of holding court; or
- cases in which the public interest requires prompt adjudication.
Certified Question (interlocutoruy) RARE
If the trial court finds that an order involves a “question of law as to which there is such substantial debate that the appellate court needs to decide it and the trial court would be waste of time.” the trial court may certify the question to the appellate court.
