SMJ Flashcards
Definition of SMJ
the power of IL court over the subject matter, or nature or kind of civil action
Can parties waive or consent to SMJ?
NO. Parties CANNOT consent to SMJ or waive objections to SMJ and court MUST dismiss an action for lack of SMJ
What is the basic Illinois Court System
3 tier, 3 level and unified court system
The Illinois’ Three-Tiers:
1) Circuit courts (courts of original juris, trial ct)
2) Illinois Appellate Courts
3) Illinois Supreme Court
SMJ of Circuit Court
Circuit courts are courts of GENERAL jurisdiction and therefore have power to hear ALL kinds of civil actions (bring any kind of action)
Exception of SMJ for Circuit Court
if there is EXCLUSIVE jurisdiction, EXPRESSLY granted to some other forum
The Illinois Appellate Courts are courts of
Appellate Jurisdiction and therefore have jurisdiction only over appeals
What may be appealed to Appellate courts?
only FINAL ORDERS can be appealed
What are the exceptions for final orders be appealed Appellate court? (4)
1) Injunctions
2) Partial Final Orders
3) Significant Interlocutory Orders by Appellate Court Permission
4) Certified Questions
Exception to final orders Injunctions
Injunction any order may be appealed right away to Appellate court
Exception to final orders Partial Final Orders
Order that resolves some claims against some parties but not all claims against all parties can be appealed if lower court finds NO JUST REASON TO DELAY APPEAL
Exception to Final Orders Interlocutory Orders (4)
1) order involving PJ
2) order involving VENUE
3) order involving ATTY DISQUALIFICATION
4) Order involving CLASS CERTIFICATION
Exception to Final Orders Certified Questions
trial court may certify question for instant appeal and appellate court may accept question IF there is
1) some doubt about question and
2) question involves controlling issue of law and
3) such that appellate review would significantly advance lawsuit
When does the Illinois Supreme Court have Exclusive Original Jurisdiction
1) matters involving GOVERNORS VACANCY
2) issue involving LEGISLATIVE REDISTRICTING
What is the time frame for appeals
must file NOTICE OF APPEAL in lower court w/i 30 days of entry of order which you are appealing
2) certified questions: must petition question appealed w/i 14 days of which order raises question in appellate court
