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List of Forms by Chapter - Chapter 1 — Introduction
- Chapter 2 — Preserving Error for Review in Illinois Trial Proceedings
-
I. [2.1] Introduction - II. [2.4] Creating the Record on Appeal
- III. [2.10] Preservation of the Record
- [2.11] Objection
- [2.12] Timely Objections
- [2.13] Repeating Objections
- [2.14] Continuing Objections
- [2.15] Grounds for Objecting — Specificity Required
- [2.16] Objection Required — Exceptions
- [2.17] Plain Error Doctrine
- [2.18] Objection Would Be Futile
- [2.19] Judicial Misconduct
- [2.20] Ruling on Objection Required
- [2.21] Conditional Rulings and Limited Admissibility
- [2.22] Invited-Error Doctrine
- [2.23] Motions To Strike
- [2.24] Timing of the Motion To Strike
- [2.25] Motions To Strike — Specificity Required
- [2.26] Offers of Proof
- [2.27] Offer of Proof — Formality and Content
- [2.28] Offer of Proof — Forfeiture and Exceptions
- IV. [2.29] Special Considerations
- [2.30] Form of Judgment
- [2.31] Ensure That all Pleadings Are Filed
- [2.32] Ensure That all Motions Are Ruled On
- [2.33] Motions in Limine
- [2.34] Jury Instructions, Special Interrogatories, and Verdict Forms
- [2.35] Jury Instructions
- [2.36] Special Interrogatories
- [2.37] Verdict Forms
- Issues at Trial
- [2.38] Error in Opening or Closing Argument
- [2.39] Misconduct of Counsel
- [2.40] Judicial Misconduct
- [2.41] Mistrial
- Issues After Trial
- [2.42] Posttrial Motions
- [2.43] Notices of Appeal and Cross-Appeal
- [2.44] Jurisdiction
- Chapter 3 — Final Judgments
- I. [3.1] Introduction
- II. [3.2] Final Judgments Under Illinois Law
- III. [3.3] Final Judgments Under Federal Law
- IV. Examples of Nonfinal Orders
- V. [3.9] Multiple Parties or Claims
- VI. [3.10] Discovery Orders
- VII. [3.11] Dissolution Proceedings Under Illinois Law
- VIII. Attorneys’ Fees
- IX. [3.14] Collateral-Order Doctrine
- X. [3.15] Conclusion
- Chapter 4 — Postjudgment Motions
- I. [4.1] Introduction
- II. [4.2] Purpose of Postjudgment Motions
- III. [4.3] Types of Postjudgment Motions and Grounds for Relief
- [4.4] Judgment as a Matter of Law
- [4.5] Illinois Procedure
- [4.6] Federal Procedure
- [4.7] Motions for New Trial
- [4.8] Verdict Against Manifest Weight of Evidence
- [4.9] Procedural Errors
- [4.10] Defects in Conforming Proof to Pleadings
- [4.11] Errors in Rulings
- [4.12] Evidentiary Error
- [4.13] Erroneous Jury Instructions
- [4.14] Attorney Misconduct
- [4.15] Juror Misconduct
- [4.16] Inadequate or Excessive Damages
- [4.17] Postjudgment Relief Regarding Amount of Damages
- [4.18] Remittitur
- [4.19] Additur
- Other Motions After Trial or Judgment
- [4.20] Setoffs
- [4.21] Motion for Penalties
- [4.22] Costs and Attorneys’ Fees
- [4.23] Relief from Judgments
- IV. [4.24] Postjudgment Motion Procedure — Timeliness
- V. Contents of Postjudgment Motions
- VI. [4.33] Disposition of Postjudgment Motions
- VII. [4.34] Conclusion
- Chapter 5 — Threshold Appellate Issues: Whether To Review and Standards of Review
- Chapter 6 — Standing To Appeal
- Chapter 7 — Notices of Appeal, Separate Appeal, and Cross-Appeal
- I. [7.1] Introduction
- II. [7.2] Time for Filing a Notice of Appeal
- General Rules for Timely Filing
- [7.3] Illinois Law
- [7.4] Federal Law
- Computation of Time To Appeal
- [7.5] Illinois Law
- [7.6] Federal Law
- Effect of Postjudgment Motions on Time To Appeal
- Illinois Law
- [7.7] Motions That Toll the Time To Appeal
- [7.8] Successive Postjudgment Motions
- [7.9] Revestment Doctrine
- [7.10] Federal Law
- Extensions of Time
- [7.11] Illinois Law
- [7.12] Federal Law
- III. Where To File a Notice of Appeal
- IV. How To File a Notice of Appeal
- V. [7.17] Form and Contents of Notice of Appeal
- VI. Service of Notice of Appeal
- VII. Amendment of Notice of Appeal
- VIII. [7.31] Conclusion
- Chapter 8 — Stays and Appeal Bonds
- I. [8.1] Introduction
- II. [8.2] Stays and Bonds in Illinois — Illinois Supreme Court Rule 305
- III. [8.6] Procedures for Obtaining a Stay Under Illinois Supreme Court Rules 305(a) and 305(b)
- IV. Bond and Other Forms of Security
- [8.9] Appeal Bond
- [8.10] Surety
- [8.11] Amount of the Appeal Bond or Other Form of Security
- Other Forms of Security
- [8.12] Letters of Credit, Escrow Agreements, and Certificates of Deposit
- [8.13] Cash Deposits
- [8.14] Land Trust Bond — Illinois Supreme Court Rule 305(l)
- [8.15] Amendments to the Notice of Appeal — Illinois Supreme Court Rule 305(f)
- [8.16] Changing the Amount, Terms, and Security of the Bond — Illinois Supreme Court Rule 305(h)
- [8.17] Appeals by Public Agencies — Illinois Supreme Court Rule 305(i)
- [8.18] Insurance Policy as Bond — Illinois Supreme Court Rule 305(j)
- [8.19] In General
- [8.20] Insufficient Insurance Coverage
- [8.21] Coverage Disputes
- [8.22] Failure To Obtain Stay — Effect on Interests in Property
- [8.23] Condition of the Bond
- [8.24] Filing the Bond with the Circuit Court Clerk
- V. Other Aspects of Illinois Supreme Court Rule 305
- [8.25] Extensions of Time — Illinois Supreme Court Rule 305(c)
- [8.26] Stays in the Reviewing Court — Illinois Supreme Court Rule 305(d)
- [8.27] Stays Terminating Parental Rights — Illinois Supreme Court Rule 305(e)
- Stays and Bonds in Various Types of Appeals
- [8.28] Stays During Permissive Interlocutory Appeals
- [8.29] Stays During the Pendency of Illinois Supreme Court Rule 315(a), Petition for Leave To Appeal
- [8.30] Stays During a Petition for Writ of Certiorari
- [8.31] Bonds in Workers’ Compensation Appeals
- [8.32] Challenging Bond Defects
- [8.33] Dismissal of the Appeal for Reasons Other than Disposition
- VI. Stays and Bonds in Federal Appeals
- [8.34] Stays in Federal Appeals
- [8.35] Stays in the District Court
- [8.36] Automatic Stay of Enforcement for 14 Days — Federal Rule of Civil Procedure 62(a)
- [8.37] Stays Pending Disposition of Certain Motions — Federal Rule of Civil Procedure 62(b)
- [8.38] Stay with Bond on Appeal — Federal Rule of Civil Procedure 62(d)
- [8.39] Supersedeas Bonds
- [8.40] Setting the Amount of the Bond
- [8.41] Substitutes for Bonds
- [8.42] Stays in the Courts of Appeals — Federal Rule of Appellate Procedure 8(a)(2)
- [8.43] Appeals from Injunctions — Federal Rule of Civil Procedure 62(c)
- [8.44] Stays in Cases Involving the United States, Its Officers, or Its Agencies — Federal Rule of Civil Procedure 62(e)
- [8.45] Stays for Charitable Entities — Same Treatment as the Government?
- [8.46] Stays in Multiparty and/or Multiclaim Litigation — Federal Rule of Civil Procedure 62(h)
- [8.47] Appealability of Orders Denying or Posting a Bond
- Chapter 9 — Dismissal of Appeals by the Trial Court
- I. [9.1] Introduction
- II. Dismissals Under Illinois Supreme Court Rule 309
- [9.2] Illinois Supreme Court Rule 309 Dismissals Must Be Voluntary
- [9.3] Illinois Supreme Court Rule 309 Dismissals Must Precede the Filing of the Record on Appeal or the Equivalent of the Record on Appeal
- [9.4] Because Illinois Supreme Court Rule 309 Does Not Expressly Require a Writing, a Timely Oral Motion by Appellant To Dismiss May Suffice
- Illinois Supreme Court Rule 309 Dismissal Vaporizes the Appeal but Leaves Related Proceedings Untouched
- [9.5] Effect of Illinois Supreme Court Rule 309 Dismissal on the Circuit Court Proceedings
- [9.6] Illinois Supreme Court Rule 309 Dismissal Can Leave a Pending Cross-Appeal Intact
- III. Dismissals Under Federal Rule of Appellate Procedure 42(a)
- [9.7] Dismissal of Federal Appeals by United States District Courts Pursuant to Federal Rule of Appellate Procedure 42(a) Is Limited to Voluntary Dismissals Shortly After the Filing of a Notice of Appeal
- [9.8] The District Court May Have Some Measure of Discretion in Deciding Whether To Grant a Federal Rule of Appellate Procedure 42(a) Motion To Dismiss
- IV. [9.9] Conclusion
- Chapter 10 — Appeals from Final Judgments That Do Not Dispose of an Entire Proceeding: Illinois Supreme Court Rule 304 and Federal Rule of Civil Procedure 54(b)g
- I. [10.1] Introduction
- II. [10.2] Illinois Supreme Court Rule 304(a)
- [10.3] History and Purposes of Illinois Supreme Court Rule 304(a)
- [10.4] Necessity of a Final Judgment as to One or More but Not All Parties or Claims
- [10.5] Orders Granting Final Judgment as to a Party
- [10.6] Orders Granting Final Judgment on a Separate Claim
- [10.7] Discretionary Factors To Determine Whether There Is No Just Reason for Delaying Enforcement or Appeal or Both
- [10.8] Special Considerations: Voluntary Dismissal, Res Judicata, and Claim Splitting
- III. [10.9] Illinois Supreme Court Rule 304(b)
- [10.10] Illinois Supreme Court Rule 304(b)(1): Judgments Involving Estates, Guardianships, and Similar Proceedings
- [10.11] Illinois Supreme Court Rule 304(b)(2): Judgments Involving Receiverships, Rehabilitation, Liquidation, or Similar Proceedings
- [10.12] Illinois Supreme Court Rule 304(b)(3): Orders Granting or Denying Relief Under 735 ILCS 5/2-1401
- [10.13] Illinois Supreme Court Rule 304(b)(4): Final Judgments Under 735 ILCS 5/2-1402 (Supplementary Proceedings)
- [10.14] Illinois Supreme Court Rule 304(b)(5): Orders Finding a Person in Contempt with a Fine or Penalty
- [10.15] Illinois Supreme Court Rule 304(b)(6): Custody or Allocation of Parental Responsibilities Judgment or Modification of Such Judgment
- IV. Mechanics of an Illinois Supreme Court Rule 304 Appeal
- V. [10.18] Appeals Pursuant to Federal Rule of Civil Procedure 54(b)
- VI. [10.19] Conclusion
- Chapter 11 — Interlocutory Appeals of Certain Orders Under Illinois Supreme Court Rule 306
- I. [11.1] Introduction
- II. [11.2] Interlocutory Appeal of Certain Orders
- [11.3] Appeals from Orders Granting New Trials — Illinois Supreme Court Rule 306(a)(1)
- [11.4] Scope of Review of Order Granting New Trial
- [11.5] Standard for Reviewing the Circuit Court’s New Trial Order
- [11.6] Appeals from Orders Other than Those Granting New Trials
- [11.7] Forum Non Conveniens — Illinois Supreme Court Rule 306(a)(2)
- [11.8] Personal Jurisdiction — Illinois Supreme Court Rule 306(a)(3)
- [11.9] Venue — Illinois Supreme Court Rule 306(a)(4)
- [11.10] Care and Custody of and Allocation of Parental Responsibilities for Unemancipated Minors — Illinois Supreme Court Rule 306(a)(5)
- [11.11] De Novo Rehearing in Administrative Reviews — Illinois Supreme Court Rule 306(a)(6)
- [11.12] Disqualification of Attorney — Illinois Supreme Court Rule 306(a)(7)
- [11.13] Certification of Class Action — Illinois Supreme Court Rule 306(a)(8)
- [11.14] Citizen Participation Act — Illinois Supreme Rule 306(a)(9)
- III. Time for Filing, Extensions, and Impact of Motions To Reconsider
- IV. Mechanics of Filing Under Illinois Supreme Court Rule 306(a)
- V. Standards for Granting and Scope of Appellate Review Under Illinois Supreme Court Rule 306(a) for Cases Other than New Trials
- VI. [11.28] Conclusion
- Chapter 12 — Interlocutory Appeals as of Right
- I. [12.1] Introduction
- II. Interlocutory Appeals Under Illinois Supreme Court Rule 307(a)
- [12.2] Injunctive Relief — Illinois Supreme Court Rule 307(a)(1)
- [12.3] Stay Orders — Illinois Supreme Court Rule 307(a)(1)
- [12.4] Receivership Cases — Illinois Supreme Court Rules 307(a)(2), 307(a)(3), and 307(a)(5)
- [12.5] Mortgage Cases — Illinois Supreme Court Rule 307(a)(4)
- [12.6] Parental Rights — Illinois Supreme Court Rule 307(a)(6)
- [12.7] Eminent Domain — Illinois Supreme Court Rule 307(a)(7)
- [12.8] Arbitration Orders
- [12.9] Orders Not Appealable Under Illinois Supreme Court Rule 307(a)
- III. Timing and Brief Requirements for Illinois Supreme Court Rule 307(a) Appeals
- IV. [12.12] Ex Parte Interlocutory Orders — Illinois Supreme Court Rule 307(b)
- V. Appeals from Temporary Restraining Orders — Illinois Supreme Court Rule 307(d)
- VI. [12.15] Standard and Scope of Review
- VII. [12.16] Conclusion
- Chapter 13 — Interlocutory Appeals of Certified Questions
- I. [13.1] Introduction
- II. Procedures for Appealing Certified Questions
- [13.4] Motion in the Circuit Court
- [13.5] Filing in the Appellate Court
- [13.6] Timeliness of the Filing
- [13.7] Application for Leave To Appeal
- [13.8] Supporting Record and Docketing Statement
- [13.9] Filing an Answer
- [13.10] Oral Argument
- [13.11] Appellate Court Must Rule on Application Within 30 Days
- [13.12] Drafting the Certified Question
- [13.13] Questions Involving Discovery
- [13.14] Leave Allowed
- [13.15] Stays Pending Disposition
- [13.16] Denial of the Application in the Appellate Court
- [13.17] Failure To File an Application
- III. Scope of Review
- IV. [13.22] Conclusion
- Chapter 14 — Interlocutory Appeals in Federal Court Under 28 U.S.C. §1292
- I. [14.1] Introduction
- II. [14.2] 28 U.S.C. §1292(a) — Interlocutory Appeals as of Right
- [14.3] 28 U.S.C. §1292(a)(1) — Injunctions
- [14.4] What Is an “Injunction” for Purposes of the Rule?
- [14.5] Orders That Qualify as Granting, Continuing, Modifying, or Refusing Injunctions
- [14.6] Temporary Restraining Orders Are Not Appealable
- [14.7] Procedural Orders Are Not Immediately Appealable
- [14.8] The Perlman Rule Permits Nonparties To Bring Certain Interlocutory Appeals
- [14.9] Stays in Favor of Arbitration
- [14.10] The Irreparable Injury Requirement
- [14.11] 28 U.S.C. §1292(a)(2) — Receivership Orders
- [14.12] 28 U.S.C. §1292(a)(3) — Admiralty Cases
- [14.13] Timing of Appeal
- III. [14.14] 28 U.S.C. §1292(b) — Interlocutory Appeals by Permission
- IV. [14.20] Scope of Review on Appeal
- V. [14.21] Conclusion
- Chapter 15 — Workers’ Compensation Appeals
- I. [15.1] Introduction
- II. [15.2] Judicial Review from the Illinois Workers’ Compensation Commission Before the Circuit Court
- Final or Interlocutory Orders
- [15.3] What is a Final Order?
- [15.4] Reversals and Remand Language
- [15.5] Common Interlocutory Problems/Issues
- [15.6] Vocational Rehabilitation
- [15.7] Medical Expenses
- [15.8] Motions To Dismiss That Are Denied
- [15.9] Confusing Language and Remands in the Commission’s Decision
- [15.10] Confusing Language and Remands in the Circuit Court
- [15.11] Failure to Rule
- [15.12] Incomplete Rulings by the Circuit Court
- [15.13] Challenging Questionable Jurisdiction
- Petitions To Recall Under §19(f) of the Workers’ Compensation Act
- [15.14] In General
- [15.15] Types of Error Subject to Recall
- [15.16] Who Can Recall and When
- [15.17] Impact of Recall
- [15.18] What if Arbitrator or Commission Refuses To Rule?
- [15.19] The Judicial Review Process
- [15.20] Parties
- [15.21] Venue
- [15.22] Forum Non Conveniens and Transfer
- [15.23] Multiple Proceedings
- [15.24] Time To File
- [15.25] Timeliness Must Appear on the Face of Pleading
- [15.26] Appeals After Remand
- [15.27] Documents Needed To Perfect Review
- [15.28] Written Request To Commence Proceedings
- [15.29] Notice of Intent To File Review in Circuit Court
- [15.30] Summons
- [15.31] Certificate of Service
- [15.32] Appeal Bond
- [15.33] Who Must File a Bond
- [15.34] Who May Sign the Bond
- [15.35] Counsel Must Have Written Authority Within 20-Day Period To Sign Bond
- [15.36] Identity of Bond Signatory May Be Shown After Expiration of 20 Days
- [15.37] Fax Copy of Otherwise Proper Bond May Be Filed
- [15.38] Bond Must Have Employer/Principal Signature When Filed
- [15.39] Insurer Cannot Sign Appeal Bond for Employer
- [15.40] Sureties
- [15.41] Amount of the Bond
- [15.42] Releasing the Bond
- [15.43] Can an Escrow Account Be Used in Lieu of a Bond?
- [15.44] Establishing Compliance/Noncompliance with §19(f) of the Workers’ Compensation Act
- [15.45] Cross-Appeals
- [15.46] Arbitrator to Commission
- [15.47] Commission to Circuit Court
- [15.48] Circuit Court to Appellate Court
- [15.49] The Brief and the Standard of Review
- [15.50] Rehearing Before Circuit Court
- [15.51] Avoiding Penalties on Appeal
- III. Appeals to the Appellate Court
- [15.52] Origins of the Workers’ Compensation Commission Division of the Illinois Appellate Court — Illinois Supreme Court Rule 22(i)
- [15.53] Composition of the Workers’ Compensation Commission Division of the Illinois Appellate Court
- [15.54] Process
- [15.55] Appeals from Final Orders
- [15.56] Interlocutory Appeals Under Illinois Supreme Court Rules 306(a)(6) and 308(a)
- [15.57] Appeals Under 820 ILCS 305/18.1
- [15.58] Briefs
- [15.59] Oral Argument
- [15.60] Petitions for Rehearing
- [15.61] Impact of Rule 23 Orders
- IV. [15.62] Appeals to the Illinois Supreme Court
- V. [15.65] Conclusion
- VI. Appendix — Sample Forms
- Chapter 16 — Family Law and Child Custody Appeals
- I. [16.1] Scope of Chapter
- II. Special Filing Requirements for Child Custody Cases
- III. Appeals of Rulings Concerning Abused, Neglected, or Dependent Minors
- [16.7] Introduction
- Procedural Rules
- [16.8] Time for Filing Notice of Appeal
- [16.9] Final Orders
- [16.10] Interlocutory Appeals by Permission
- [16.11] Interlocutory Appeals as of Right
- [16.12] Consolidating Cases on Appeal
- Hearings
- Temporary Custody or Shelter-Care Hearings
- [16.13] Overview
- [16.14] Issues Before the Trial Court
- [16.15] Appealing a Temporary Custody Order
- Adjudication Hearings
- [16.16] Overview
- [16.17] Issues Before the Trial Court
- [16.18] Appealing an Adjudication Order
- [16.19] Illinois Supreme Court Rule 662
- Dispositional Hearings
- [16.20] Overview
- [16.21] Issues Before the Trial Court
- [16.22] Appealing a Dispositional Order
- [16.23] Amended Dispositional Orders
- Permanency Hearings
- [16.24] Overview
- [16.25] Issues Before the Trial Court
- [16.26] Appealing a Permanency Hearing Order
- Termination of Parental Rights Hearings
- [16.27] Overview
- [16.28] Issues Before the Trial Court
- [16.29] Appealing Orders Terminating Parental Rights
- Stay of Proceedings
- [16.30] Interlocutory and Final Orders
- [16.31] Automatic Stay of Order Terminating Parental Rights
- [16.32] Appointment of Guardian with Right To Consent
- [16.33] Termination of Wardship of Dependent Minor
- IV. Appeals of Delinquency Proceedings
- [16.34] Introduction
- Appellate Rules for Juvenile Delinquency Cases
- [16.35] Appellate Rules for Criminal Appeals Apply
- [16.36] Time for Filing Notices of Appeal
- [16.37] Preserving Issues for Appeal
- [16.38] Court-Appointed Counsel Available on Appeal
- [16.39] Appeals Accelerated
- [16.40] Juvenile Proceeds Anonymously
- [16.41] Special Captions
- [16.42] Notification to the Circuit Court
- [16.43] Circuit Court Retains Limited Jurisdiction
- Hearings
- [16.44] Detention or Shelter-Care Hearings
- Hearings on Pretrial Motions
- [16.45] Dismissing Charges
- [16.46] Motions To Suppress Evidence or Quash Arrest
- [16.47] Transfers to Adult Court
- [16.48] Fitness To Stand Trial or Be Sentenced
- [16.49] Former Jeopardy
- [16.50] Disqualifying Defendant’s Counsel
- [16.51] Appealing a Guilty Plea
- [16.52] Adjudication of Delinquency
- [16.53] Illinois Supreme Court Rule 662 — Adjudication of Wardship
- [16.54] Dispositional, or Sentencing, Hearing
- [16.55] Probation and Probation Revocation
- [16.56] Supervision and Revocation of Supervision
- [16.57] Postconviction Petitions
- V. Appeals of Orders Entered Under the Illinois Marriage and Dissolution of Marriage Act
- [16.58] Introduction
- Procedural Matters
- Notice of Appeal
- [16.59] Time To File
- [16.60] Sufficiency of Notice
- Preparing the Record and Preserving Issues for Appeal
- [16.61] Preparing the Record
- [16.62] Preserving Issues for Appeal
- Final and Appealable Orders
- [16.63] Definition
- [16.64] Appeals Do Not Stay All Matters
- [16.65] Bifurcated Judgments
- [16.66] Trial Court Reserving Jurisdiction
- [16.67] Postdissolution Petitions
- [16.68] Interlocutory Appeals
- Interlocutory Appeals as of Right
- [16.69] Custody Judgments
- [16.70] Injunctions
- Interlocutory Appeals by Permission
- [16.71] Orders Affecting the Care and Custody of Unemancipated Minors
- [16.72] Declaratory Judgments
- [16.73] Standards of Review
- [16.74] Abuse of Discretion
- [16.75] Against the Manifest Weight of the Evidence
- [16.76] De Novo
- [16.77] Orders Not Appealable
- VI. [16.78] Conclusion
- Chapter 17 — Preliminary Conferences
- Chapter 18 — Expedited Appeals
- Chapter 19 — Record on Appeal
- I. [19.1] Introduction
- II. [19.2] Procedure for Filing the Record on Appeal and Docketing Statement in Appeals from a Final Judgment
- Initiating Preparation of the Record on Appeal
- [19.3] Record on Appeal
- [19.4] Report of Proceedings
- [19.5] Docketing Statement
- [19.6] Transmission of the Record on Appeal
- [19.7] Time for Filing the Record on Appeal
- [19.8] Supplementing the Record on Appeal
- [19.9] Electronic Filing Considerations
- [19.10] Comparison Between State and Federal Courts of Review
- III. [19.11] Contents of Record on Appeal
- IV. [19.18] Procedure for Filing the Supporting Record in Interlocutory Appeals
- V. [19.19] Conclusion
- VI. Appendix
- Chapter 20 — Motion Practice
- I. [20.1] Introduction
- II. Motions in the Illinois Reviewing Courts — Illinois Supreme Court Rule 361
- [20.2] In General
- [20.3] Contents of Motion
- [20.4] Responses and Objections
- [20.5] Supporting Record
- [20.6] How, When, and Where To File
- [20.7] Electronic Filing of Motions in the Reviewing Courts
- [20.8] Additional Requirements for Motions Filed in the Illinois Supreme Court
- [20.9] Specific Types of Motions
- [20.10] Motions for Extension of Time — Illinois Supreme Court Rules 361(f) and 343(c)
- [20.11] Dispositive Motions — Illinois Supreme Court Rule 361(h)
- [20.12] Emergency Motions — Illinois Supreme Court Rule 361(g)
- [20.13] Motion To Publish — Illinois Supreme Court Rule 23(f)
- [20.14] Motions for Stay of Enforcement — Illinois Supreme Court Rule 305(d)
- [20.15] Motions Affecting Briefs — Illinois Supreme Court Rules 341and 343
- [20.16] Motions Affecting Oral Argument — Illinois Supreme Court Rule 352
- [20.17] Motion To Supplement Authority — No Governing Rule
- [20.18] Motions Affecting the Record on Appeal — Illinois Supreme Court Rules 323, 326, and 329
- [20.19] Motions for Leave To File Brief Amicus Curiae — Illinois Supreme Court Rule 345
- [20.20] Motions To Expedite — Illinois Supreme Court Rule 311
- III. Motions in Federal Court — Federal Rule of Appellate Procedure 27
- [20.21] In General
- [20.22] Motion Contents
- [20.23] Grounds and Relief Sought
- [20.24] Supporting Documents
- [20.25] Responses and Replies
- [20.26] Motions for a Procedural Order
- [20.27] Form of Motions
- [20.28] Specific Motions
- [20.29] Motions for Extension of Time
- [20.30] Single Judge Motions
- [20.31] Emergency Motions
- [20.32] Motions for Stay or Injunction Pending Appeal
- [20.33] Stay Pending Review of Agency Rulings
- Chapter 21 — Appellate Briefs
- I. [21.1] Introduction
- II. Contents of the Brief on Appeal
- [21.2] Illinois Supreme and Appellate Courts
- [21.3] Format and Length
- [21.4] Cover
- [21.5] Points and Authorities
- [21.6] Nature of the Case
- [21.7] Issues Presented for Review
- [21.8] Jurisdictional Statement
- [21.9] Statutes, Constitutional Provisions, Treaties, Ordinances, and Regulations Involved
- [21.10] Statement of Facts
- [21.11] Argument and Standard of Review
- [21.12] Conclusion
- [21.13] Appendix
- [21.14] Certificate of Compliance
- [21.15] Appellee Brief
- [21.16] Reply Brief
- [21.17] United States Court of Appeals for the Seventh Circuit
- [21.18] Format and Length
- [21.19] Cover
- [21.20] Corporate Disclosure Statement
- [21.21] Table of Contents
- [21.22] Table of Authorities
- [21.23] Jurisdictional Statement
- [21.24] Statement of the Issues
- [21.25] Statement of the Case
- [21.26] Summary of the Argument
- [21.27] Argument, Including Standard of Review
- [21.28] Conclusion
- [21.29] Appendix
- [21.30] Certificate of Compliance
- [21.31] Appellee Briefs
- [21.32] Reply Briefs
- III. Filing and Service
- [21.33] Filing and Service of Briefs in the Illinois Supreme and Appellate Courts
- Timing
- [21.34] One Appellant and One Appellee
- [21.35] Multiple Appellants or Appellees
- [21.36] Cross-Appeals
- [21.37] Separate Appeals
- [21.38] Extending or Shortening Time
- [21.39] Filing and Service
- [21.40] Filing and Service of Federal Court Briefs
- [21.41] Timing
- [21.42] Extending Time
- [21.43] Filing and Service of Hard Copies
- [21.44] Failure To File a Brief
- IV. [21.45] Motions To Strike
- V. [21.46] Supplemental Submissions
- VI. [21.47] Suggestions for Drafting an Effective Brief
- VII. [21.54] Conclusion
- Chapter 22 — Oral Argument
- I. [22.1] Introduction
- II. Illinois Supreme and Appellate Courts
- III. United States Court of Appeals for the Seventh Circuit
- IV. Suggestions for Effective Oral Advocacy
- [22.10] Argument Preparation
- [22.11] Argument May Change the Court’s Reasoning, Even When It Does Not Affect the Outcome
- [22.12] The Record and the Client’s Day-to-Day Operations
- [22.13] The Arguments and the Law
- [22.14] The Precise Legal Rule Counsel Wishes the Court To Adopt
- [22.15] The List of Points To Address at Argument
- [22.16] Developing and Practicing the Argument
- [22.17] Questions and Answers
- [22.18] Moot Courts
- [22.19] Material for Use at Argument
- [22.20] Knowing the Court
- Argument Presentation
- [22.21] Morning of Argument Considerations
- [22.22] Settling in at the Lectern
- [22.23] Presentation and Demeanor
- [22.24] Opening
- [22.25] Addressing Facts
- [22.26] Responding to Questions
- [22.27] Whether and How To Use Rebuttal as Appellant
- [22.28] Time Limits
- [22.29] Concluding the Argument
- V. [22.30] Conclusion
- Chapter 23 — The Appendix
- Chapter 24 — Summary Affirmance on Appeal
- Chapter 25 — Petitions for Rehearing
- I. [25.1] Introduction
- II. Rehearing Under the Illinois Supreme Court Rules
- III. Rehearing and Rehearing En Banc Under Federal Rules of Appellate Procedure 40 and 35
- [25.9] Content of the Petition
- [25.10] Timing
- [25.11] Form of the Petition and Mechanics of Filing
- [25.12] Petitions for Hearing En Banc
- [25.13] Answers and Oral Argument
- [25.14] Deciding Whether To Grant an En Banc Petition
- [25.15] Effect on Appellate Proceedings and Possible Actions by the Court if Rehearing Is Granted
- [25.16] Sua Sponte Proceedings En Banc
- IV. [25.17] Conclusion
- Chapter 26 — Participation as Amicus Curiae
- Chapter 27 — Direct Appeals
- I. [27.1] Introduction
- II. Types of Direct Appeals Under Illinois Supreme Court Rule 302
- [27.2] Mandatory Direct Appeals from Final Judgments — Illinois Supreme Court Rule 302(a)
- [27.3] Cases in Which a Statute Is Declared Invalid — Illinois Supreme Court Rule 302(a)(1)
- [27.4] From Proceedings Commenced Under Illinois Supreme Court Rule 21 — Illinois Supreme Court Rule 302(a)(2)
- [27.5] Cases in Which Public Interest Requires Expeditious Determination — Illinois Supreme Court Rule 302(b)
- [27.6] Grounds for Discretionary Direct Appeal
- [27.7] Illinois Supreme Court Rule 302(b) Appeals and the Public Interest Exception to the Mootness Doctrine
- [27.8] The Determination of Expeditiousness
- III. [27.9] Procedures for Handling Illinois Supreme Court Rule 302 Appeals
- IV. [27.12] Summary Disposition — Illinois Supreme Court Rule 302(c)
- V. [27.13] Conclusion
- Chapter 28 — Original Actions in the Illinois Supreme Court
- I. [28.1] Introduction
- II. [28.2] Illinois Supreme Court Rule 381 Actions for Mandamus and Prohibition
- III. [28.7] Illinois Supreme Court Rule 382 Actions Relating to Redistricting or the Governor’s Ability To Serve or Resume Office
- IV. Illinois Supreme Court Rule 383 Motions for Supervisory Orders
- V. [28.10] Illinois Supreme Court Rule 384 Proceedings for Transfer and Consolidation of Multi-Circuit Actions
- Chapter 29 — Discretionary Review and Appeals as of Right in the Illinois Supreme Court
- I. [29.1] Introduction
- II. [29.2] Illinois Supreme Court Rule 315: Discretionary Review
- [29.3] Content of the Petition
- [29.4] Factors the Court Considers
- [29.5] General Importance
- [29.6] Conflict
- [29.7] Need for Exercise of Supervisory Authority
- [29.8] Finality of Decision
- [29.9] Sections of the Petition
- [29.10] Prayer for Leave To Appeal
- [29.11] Statement Regarding Judgment and Rehearing
- [29.12] Points Relied on in Seeking Review
- [29.13] Statement of Facts
- [29.14] Argument
- [29.15] Conclusion
- [29.16] Appendix
- [29.17] Preservation of Issues for Supreme Court Review
- [29.18] Timing
- [29.19] Record
- [29.20] Appeals from the Workers’ Compensation Division of the Illinois Appellate Court
- [29.21] Answers
- [29.22] Disposition of Petitions for Leave To Appeal
- III. [29.23] Illinois Supreme Court Rule 317: Certain Constitutional Rulings
- IV. [29.24] Illinois Supreme Court Rule 316: Certificates of Importance
- V. [29.25] Conclusion
- Chapter 30 — Certification of State Law Questions from the Seventh Circuit to the Illinois Supreme Court
- Chapter 31 — Issuance and Effect of Mandate
- I. [31.1] Introduction
- II. Issuance of the Mandate
- III. [31.4] Effective Date of the Appellate Judgment in Illinois
- IV. [31.5] Jurisdiction of the Circuit Court
- V. Proceedings on Remand in Illinois
- VI. [31.8] Reversal Without Remand in Illinois Courts
- VII. [31.9] Proceedings on Remand in Illinois Courts — Reinstating the Matter
- VIII. [31.10] Proceedings on Remand in Federal Court
- IX. [31.11] Conclusion
- Chapter 32 — Sanctions in the Reviewing Court
- I. [32.1] Introduction
- II. [32.2] Sanctions in Illinois Reviewing Courts — Illinois Supreme Court Rule 375
- Illinois Supreme Court Rule 375(a) — Failure To Comply with Appellate Rules
- [32.3] What Constitutes a Failure To Comply?
- [32.4] What Sanctions Are Available?
- [32.5] Illinois Supreme Court Rule 375(b) — Frivolous Appeals
- [32.6] What Constitutes Frivolous?
- [32.7] What Sanctions Are Available for Frivolous Behavior?
- [32.8] How Are Sanctions Sought?
- III. [32.9] Sanctions in Federal Courts of Review — Federal Rule of Appellate Procedure 38
- IV. [32.15] Conclusion
- Chapter 33 — Costs on Appeal
- Karl R. Barnickol
Karl R. Barnickol
Karl R. Barnickol is a Partner at Neal, Gerber & Eisenberg LLP, in Chicago, where he concentrates in litigation with a focus on complex antitrust, securities, consumer fraud, and healthcare class and mass actions. Mr. Barnickol received his A.B. cum laude from Georgetown University and his J.D., Order of the Coif, from Washington University St. Louis School of Law, where he was Associate Editor of the Washington University Law Quarterly.
- Jennifer T. Beach
Jennifer T. Beach
Jennifer T. Beach is Special Counsel at Jenner & Block LLP, in Chicago, where she focuses her practice on business and ERISA litigation. Ms. Beach is a Law360 Editorial Advisory Board Member, Benefits, and is coeditor of her firm’s ERISA litigation handbook. She was a judicial clerk for the Wisconsin Supreme Court. Ms. Beach earned her J.D. magna cum laude from Washington University School of Law, where she was Order of the Coif, Executive Editor for the Washington Law Review, and a teaching assistant for Legal Writing; her M.S. from Washington University George Warren Brown School of Social Work; and her B.A. summa cum laude and Phi Beta Kappa from Washington University.
- Nicole C. Berg
Nicole C. Berg
Nicole C. Berg is an attorney in Chicago with experience in a variety of civil litigation matters, both at the trial and appellate level. Prior to joining Keller Postman LLC (formerly Keller Lenkner LLC), Ms. Berg was Vice President at Burford Capital, an analyst at Gerchen Keller Capital, and an associate at Jenner & Block LLP. Ms. Berg served as a law clerk for the Honorable Jay S. Bybee of the U.S. Court of Appeals for the Ninth Circuit. Ms. Berg received her J.D. summa cum laude from the University of Illinois, her M.S. from the University of Chicago, and her B.S. from the University of California, Santa Barbara. Before law school, Ms. Berg worked as an equity options trader in Chicago.
- Frank H. Bieszczat
Frank H. Bieszczat
Frank H. Bieszczat is Deputy Division Chief at the Office of the Attorney General in Chicago. Mr. Bieszczat is a member of the Appellate Lawyers Association. He received his B.A. from the University of Illinois Urbana-Champaign and his J.D. from Chicago-Kent College of Law.
- Elizabeth P. Butler
Elizabeth P. Butler
Elizabeth P. Butler is a litigation attorney with the Illinois Department of Children and Family Services in Chicago. Ms. Butler serves on the Board of Directors of the Illinois Appellate Lawyers Association, and she is a member of Chicago Bar Association, where she is Legislative Liaison for the Juvenile Law Committee. She received her J.D. from Loyola University of Chicago.
- Karen Kies DeGrand
Karen Kies DeGrand
Karen Kies DeGrand is a Partner at Donohue Brown Mathewson & Smyth LLC, in Chicago, and focuses her practice on appellate, professional liability, and commercial litigation. She is a Fellow of the American Academy of Appellate Lawyers and a Past President of the Appellate Lawyers Association. She is a member and Past Vice-Chair of the Supreme Court Committee on Professional Responsibility. She received her B.S. from the University of Illinois Urbana-Champaign, where she was awarded the Bronze Tablet, the highest university recognition for academic excellence. She received her J.D. from the University of Illinois College of Law and was an associate editor of the University of Illinois Law Review.
- Patrick E. Dwyer III
Patrick E. Dwyer III
Patrick E. Dwyer III is an Assistant State’s Attorney in the Cook County State’s Attorney’s Office, in Chicago, where he focuses on municipal and general litigation and advice.Mr. Dwyer is a member of the Appellate Lawyer’s Association, the St. Ignatius Law Society, and the Chicago Bar Association. He received his J.D. cum laude from Loyola University, where he was Executive Publication Editor of the Loyola University Chicago Law Journal, and his B.A. from Georgetown University.
- Brad A. Elward
Brad A. Elward
Brad A. Elward is currently a law clerk with the Appellate Court, Fourth District. He is a former Partner with Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he concentrated his appellate work on handling appeals in workers’ compensation cases before the Illinois Workers’ Compensation Commission, circuit court, Appellate Court, Workers’ Compensation Commission Division, and Illinois Supreme Court. He has authored more than 325 appellate briefs and argued more than 225 appellate court cases, resulting in more than 100 published decisions, and numerous unpublished appellate court orders. Mr. Elward is a Past President of the Illinois Appellate Lawyers Association (2013 – 2014) and Past Chair of the Peoria County Bar Association CLE Committee. He has been named as an Illinois Super Lawyer for appellate practice from 2008 through 2020 and an Illinois Leading Lawyer from 2014 – 2020. He worked as an adjunct professor at the University of Illinois College of Law teaching advanced appellate practice. Mr. Elward received his B.S. from the University of Illinois Urbana-Champaign and his J.D. magna cum laude from the Southern Illinois University School of Law, where he was the Survey Editor of the Southern Illinois University Law Journal and a teaching assistant for legal writing and legal research. The opinions and comments expressed herein and within Mr. Elward's chapters are his and are not those of the Appellate Court.
- Jed W. Glickstein
Jed W. Glickstein
Jed W. Glickstein is a Litigation and Dispute Resolution attorney at Mayer Brown LLP, in Chicago, where he practices before trial and appellate courts around the country. Mr. Glickstein joined Mayer Brown after clerking for Judge Joel Flaum on the United States Court of Appeals for the Seventh Circuit and Judge Gary Feinerman on the United States District Court for the Northern District of Illinois. He received his B.A. magna cum laude from Yale University and his J.D. from Yale Law School. While in law school, he interned at the United States Attorney’s Office and was a member of the Yale Law School Supreme Court Advocacy Clinic.
- Patricia L. Hall
Patricia L. Hall
Patricia L. Hall is an associate at WillamsMcCarthy LLP, in Rockford, where she concentrates her practice on personal injury, family law, and appeals. Ms. Hall is a board member on the Winnebago County Bar Association and a member of the Illinois Defense Counsel and the Illinois State Bar Association. She received her B.S. magna cum laude from Arizona State University and her J.D. cum laude from Northern Illinois University.
- William P. Hardy
William P. Hardy
William P. Hardy is a Partner with Hinshaw & Culbertson LLP, in Springfield, focusing on civil appeals before Illinois intermediate appellate courts, the Supreme Court of Illinois, and the United States Court of Appeals for the Seventh Circuit. Mr. Hardy is a Past President of the Appellate Lawyers Association and remains active as Cochair of the Past Presidents Committee. From 1994 to 2002, Mr. Hardy served as a contractual administrative law judge for the Illinois Department of Public Health, where he presided over more than 50 administrative hearings in cases involving alleged abuse and neglect in nursing homes. He received his J.D. cum laude from Southern Illinois University School of Law, where he served on the Law Review and as President of the Moot Court Board.
- Tracy L. Jones
Tracy L. Jones
Tracy L. Jones is a Partner at Black & Jones Attorneys at Law in Rockford, where she concentrates in workers’ compensation, social security disability, and veterans’ disability compensation. She is a board member of the Workers’ Compensation Lawyers Association and a member of the Illinois State Bar Association and the National Organization of Veterans Advocates. Ms. Jones received her B.A. from Northern Illinois University and her J.D. from University of Illinois Chicago School of Law.
- Kara L. Kapp
Kara L. Kapp
Kara L. Kapp is a Partner with Cozen O’Connor, in Chicago, where she concentrates her practice in white collar and civil and criminal appeals. Ms. Kapp has been honored with a National Law Journal’s Rising Stars Award, her firm’s Pro Bono Lawyer of the Year Award, and the Seventh Circuit Bar Association’s Pro Bono and Public Service Award. She earned her J.D. from Stanford Law School, her M.A. from Stanford University, and her B.A. summa cum laude from Dartmouth College.
- Christina D. Ketcham
Christina D. Ketcham
Christina D. Ketcham is Senior Counsel at Donohue Brown Mathewson & Smyth LLC, in Chicago, where she concentrates her practice on appellate, commercial, insurance coverage, and bad-faith matters. Ms. Ketcham received her B.S. from the University of Illinois Urbana-Champaign and her J.D. magna cum laude from the University of Illinois College of Law.
- Jason F. Krigel
Jason F. Krigel
Jason F. Krigel is an Assistant Attorney General in the Office of the Illinois Attorney General, in Chicago. Mr. Krigel is a member of the Illinois Appellate Lawyers and the Chicago Bar Associations. He served as a law clerk to U.S. District Court Judge Joan B. Gottschall in the Northern District of Illinois, and he received his J.D. from the University of Chicago Law School.
- Brett E. Legner
Brett E. Legner
Brett E. Legner is Of Counsel at Mayer Brown LLP, in Chicago, and focuses on Supreme Court and appellate court litigation. Mr. Legner is an Adjunct Profess of Law at Loyola University Chicago School of Law and a lecturer at the University of Chicago Law School. Mr. Legner graduated from DePaul University College of Law with honors and as a member of the Order of the Coif. He earned his B.A. with honors from Northwestern University.
- Elaine Liu
Elaine Liu
Elaine Liu is an associate at Mayer Brown LLP, in Chicago, and focuses her practice on litigation. Ms. Liu is an Associate Board Member of the Chicago Committee on Advancing Minorities in Law Firms, a Young Leaders Committee Member of the Women in Law Empowerment Forum, and an Ambassador of Legal Aid Chicago. She received her A.B. cum laude with high honors from Harvard University and her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar.
- Andrew G. May
Andrew G. May
Andrew G. May is a Partner at Neal, Gerber & Eisenberg LLP in Chicago, where he concentrates his practice in litigation and insurance. He received his B.A. magna cum laude from Colgate University and his J.D. magna cum laude from the Northwestern University Pritzker School of Law.
- Steven F. Pflaum
Steven F. Pflaum
Steven F. Pflaum is a Partner and Cochair of the Litigation Department at Neal, Gerber & Eisenberg LLP, in Chicago, and concentrates in complex civil litigation and appeals. Mr. Pflaum is a Fellow and Past President of the American Academy of Appellate Lawyers and was ranked in Litigation: General Commercial — Illinois by Chambers USA in 2021. He graduated magna cum laude from the University of Michigan Law School, where he was a Member of the Order of the Coif and Editor of the Michigan Law Review. He received his B.S. from the University of Illinois Urbana-Champaign, where he was a James Scholar.
- Geoffrey M. Pipoly
Geoffrey M. Pipoly
Geoffrey M. Pipoly is a Senior Associate at Mayer Brown LLP, in Chicago, where he is in the firm’s Litigation & Dispute Resolution Division. Mr. Pipoly received his MPA and his B.A., cum laude, from the University of Dayton and his J.D. magna cum laude from the University of Minnesota Law School, where he was Order of the Coif, Student Managing Editor of the Constitutional Commentary, and a member of the Minnesota Law Review. He served as a judicial law clerk to Hon. Richard Allen Griffin on the United States Court of Appeals for the Sixth Circuit.
- Hon. Clare J. Quish
Hon. Clare J. Quish
Hon. Clare J. Quish is a judge in the Circuit Court of Cook County. Judge Quish is a member of the Appellate Lawyers Association and the Illinois Judges Association. She is also on the Illinois Supreme Court Commission Rules and Policy Review Committee, a subcommittee of the Access to Justice Committee. Judge Quish received her B.A. from Northwestern University and her J.D. cum laude from Loyola University Chicago School of Law, where she was Executive Publications Editor of the Loyola University Chicago Law Journal.
- Michael A. Scodro
Michael A. Scodro
Michael A. Scodro is a Partner in the Supreme Court and Appellate Practice at Mayer Brown LLP in Chicago. Mr. Scodro previously served as the Illinois Solicitor General, overseeing the civil and criminal appeals divisions in the state Attorney General’s Office and advising the Attorney General on significant litigation. An experienced appellate lawyer, Mr. Scodro has argued dozens of cases in federal and state supreme and appellate courts, including three in the U.S. Supreme Court. He is Chair of the Illinois Supreme Court’s Committee on Professional Responsibility, Past President of the Seventh Circuit Bar Association, Past Chair of the ABA’s Council of Appellate Lawyers, and Past President of Illinois’ Appellate Lawyers Association. He also was selected for membership in the American Law Institute and the American Academy of Appellate Lawyers. Mr. Scodro teaches courses on the U.S. Supreme Court and the role and practice of state attorneys general as a Lecturer in Law at the University of Chicago Law School and speaks frequently on the Supreme Court and appellate practice. After graduating from Yale Law School, Michael served as a law clerk to the Honorable José A. Cabranes of the U.S. Court of Appeals for the Second Circuit and the Honorable Sandra Day O’Connor of the U.S. Supreme Court.
- Gretchen Harris Sperry
Gretchen Harris Sperry
Gretchen Harris Sperry is a Partner at Hinshaw & Culbertson LLP, in Chicago, and focuses on appellate practice and civil litigation. Ms. Sperry is Chair of her firm’s Appellate Practice Group and Commissioner of the Character & Fitness Committee of the Illinois Board of Admissions to the Bar. Ms. Sperry received her B.S. from the University of Wisconsin-Madison and her J.D. from Loyola University Chicago School of Law.
- Nadine Jean Wichern
Nadine Jean Wichern
Nadine Jean Wichern is Chief of the Office of Civil Appeals Division of the Attorney General of Illinois, in Chicago. Ms. Wichern is a member of the Appellate Lawyers Association and a writing and advocacy instructor at local law schools. She was an NAAG United States Supreme Court Fellow (2005) and was a law clerk for the Honorable William J. Bauer for the United States Court of Appeals for the Seventh Circuit (2000 – 2001). She graduated with honors from the DePaul College of Law and from Indiana University.
Civil Appeals: State and Federal 2022 Edition
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