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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 Under Illinois Law
- 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 30 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(b)
- [8.39] Appeal (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(d)
- [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 — Child Protection, Juvenile Justice, and Domestic Relations/Child Custody Appeals
- I. [16.1] Scope of Chapter
- II. Requirements for Illinois Supreme Court Rule 311(a) Appeals
- [16.2] Illinois Supreme Court Rule 311(a) Timelines for Juvenile Court Act and Illinois Marriage and Dissolution of Marriage Act Appeals
- [16.3] Accelerated Timelines
- [16.4] Other Illinois Supreme Court Rule 311(a) Requirements
- [16.5] Circuit Court’s Jurisdiction Pending an Appeal
- [16.6] Stays of Orders Pending Appeal
- III. Appeals of Rulings in Child Protection Proceedings
- [16.7] Introduction
- Appellate Rules in Child Protection Cases
- Jurisdictional Rules for Final Orders
- [16.8] Illinois Supreme Court Rules 301 and 303
- [16.9] Illinois Supreme Court Rule 304(b)(1)
- Nonfinal Orders
- [16.10] Illinois Supreme Court Rule 306(A)(5) Petition for Leave To Appeal
- [16.11] Types of Nonfinal Orders
- [16.12] Illinois Supreme Court Rule 662
- [16.13] Illinois Supreme Court Rule 307(a)(1)
- [16.14] Who May Appeal
- [16.15] Hearings Under the Juvenile Court Act
- [16.16] Temporary Custody or Shelter-Care Hearings
- [16.17] Adjudication Hearings
- [16.18] Dispositional Hearings
- [16.19] Permanency Hearings
- [16.20] Termination of Parental Rights Hearings
- [16.21] Termination of Wardship and Case Closure
- IV. Appeals of Juvenile Justice Proceedings
- [16.22] Introduction
- [16.23] Special Filing Requirements for Illinois Supreme Court Rule 660A Appeals
- [16.24] Accelerated Timelines and Other Requirements Under Illinois Supreme Court Rule 660A
- Appellate Rules for Juvenile Justice Cases
- [16.25] Final Orders Under Illinois Supreme Court Rule 660
- [16.26] Illinois Supreme Court Rule 662(b)
- [16.27] Appellate Rules for Criminal Appeals Apply; Right to Counsel
- [16.28] Illinois Supreme Court Rule 606
- [16.29] Illinois Supreme Court Rule 604(d)
- Appealing a Guilty Plea
- [16.30] Illinois Supreme Court Rule 605
- [16.31] Preserving Issues for Appeal
- Rulings Subject to Appeal
- Final Orders
- [16.32] Disposition, Wardship, and Sentencing
- [16.33] Probation and Probation Revocation
- Appeals of Other Orders
- [16.34] Dismissing Charges
- [16.35] Motions To Suppress Evidence or Quash Arrest
- [16.36] Transfers to Adult Court
- [16.37] Adjudication of Delinquency
- [16.38] Postconviction Petitions
- V. Appeals of Orders Entered Under the Illinois Marriage and Dissolution of Marriage Act and Parentage Act of 2015
- [16.39] Introduction
- [16.40] Expedited Appeals Under Illinois Supreme Court Rule 311(a)
- Appeals of Final Orders
- [16.41] Illinois Supreme Court Rules 301 and 303
- [16.42] Illinois Supreme Court Rule 304(b)(6)
- Appeals of Nonfinal Orders
- [16.43] Illinois Supreme Court Rule 306(a)(5) Petition for Leave To Appeal
- [16.44] Illinois Supreme Court Rule 307
- VI. Proceedings Under the Illinois Marriage and Dissolution of Marriage Act and the Parentage Act of 2015
- VII. [16.51] 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 as a Matter of Right 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 for Digital Media
- [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 Discretionary and 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 and Bail 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 of Judgments Pending Appeal — 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 Disposition on Appeal
- Chapter 25 — Petitions for Rehearing
- I. [25.1] Introduction
- II. Rehearing Under the Illinois Supreme Court Rules
- III. [25.9] Rehearing and Rehearing En Banc Under Federal Rule of Appellate Procedure 40
- [25.10] Content of the Petition
- [25.11] Timing
- [25.12] Form of the Petition and Mechanics of Filing
- [25.13] Petitions for Hearing En Banc
- [25.14] Answers and Oral Argument
- [25.15] Deciding Whether To Grant an En Banc Petition
- [25.16] Effect on Appellate Proceedings and Possible Actions by the Court if Rehearing Is Granted
- [25.17] Sua Sponte Proceedings En Banc
- IV. [25.18] 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
- Jonathan B. Amarilio
Jonathan B. Amarilio
Jonathan B. Amarilio is a Partner and Cochair of the Appellate Group at Taft Stettinius & Hollister LLP in Chicago and concentrates his practice on appellate litigation and critical motion practice. Mr. Amarilio is Past President of the Illinois Appellate Lawyers Association (2022 – 2023) and currently serves as Treasurer of the Chicago Bar Association. He received his BA cum laude from American University and his JD from the University of Iowa College of Law.
- 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. 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 an associate editor of the Washington University Law Quarterly.
- Nicole C. Berg
Nicole C. Berg
Nicole C. Berg is a Partner at Keller Postman LLC, in Chicago, where she focuses her practice on products liability and mass torts. Berg has been named to the Best Lawyers list by Best Lawyers in America, was selected to the Illinois Super Lawyers list (2023 – 2025), and is a member of the American Association for Justice. She earned her B.S. from the University of California at Santa Barbera, her M.S. from the University of Chicago, and her J.D. summa cum laude from the University of Illinois Urbana-Champaign.
- Frank H. Bieszczat
Frank H. Bieszczat
Frank H. Bieszczat is Deputy Division Chief at the Office of the Illinois Attorney General in Chicago. He earned his B.A. from the University of Illinois Urbana-Champaign and his J.D. from Chicago-Kent College of Law.
- 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.Dwyer is a member of the Appellate Lawyer’s Association, the St. Ignatius Law Society, and the Chicago Bar Association. He earned his B.A. from Georgetown University and his J.D. from Loyola University Chicago School of Law. He has been adjunct professor at Loyola University Chicago.
- Alexandra M. Frisch
Alexandra M. Frisch
Alexandra M. Frisch is an associate at Donohue Brown Smyth LLC, in Chicago, where she focuses her practice on appeals. Frisch is a member of the Illinois State Bar Association and the Women’s Bar Association of Illinois.
- Jed W. Glickstein
Jed W. Glickstein
Jed W. Glickstein is a Partner at Kaplan & Grady LLC, in Chicago, where he focuses his practice on commercial, appellate, and civil rights matters. Glickstein previously clerked for the Hon. Joel Flaum on the United States Court of Appeals for the Seventh Circuit and the Hon. Gary Feinerman on the United States District Court for the Northern District of Illinois. He earned his B.A. magna cum laude from Yale University and his J.D. from Yale Law School, where he was a member of the Yale Law Supreme Court Advocacy Clinic.
- Patricia L. Hall
Patricia L. Hall
Patricia L. Hall is a Partner at WilliamsMcCarthy LLP, in Rockford, where she focuses her practice on civil and commercial litigation, appeals, and collaborative divorce. Hall is a member of the Winnebago County, Illinois State, and Federal Bar Associations. She earned her B.A. magna cum laude from Arizona State University and her J.D. cum laude from Northern Illinois University College of Law.
- William P. Hardy
William P. Hardy
William P. Hardy is an attorney at law, in Springfield, where he focuses his practice on appellate matters. Hardy was the President of the Appellate Lawyers Association from 2011 – 2012, was named in the 2024 edition of Best Lawyers in America for appellate practice, and served as an Administrative Law Judge from 1994 – 2002. He earned his J.D. cum laude from Southern Illinois University School of Law, where he served as Lead Articles Editor at the Southern Illinois University Law Journal, served as President of the Moot Court Board, and worked as a teaching assistant.
- Scott L. Howie
Scott L. Howie
Scott L. Howie is a Partner at Donohue Brown Smyth LLC, in Chicago, where he focuses his practice on appeals. Howie is a member of the Illinois Association of Defense Trial Counsel and is the Past President of the Appellate Lawyers Association. He earned his B.A. from Northwestern University and his J.D. from Chicago-Kent College of Law.
- Tracy L. Jones
Tracy L. Jones
Tracy L. Jones is Owner/Partner of Black & Jones, Attorneys at Law, in Rockford, where she focuses her practice on workers’ compensation, social security disability, and veterans’ compensation. Jones is a member of the Board of Directors for the Workers’ Compensation Lawyer’s Association, a member of the National Organization for Veterans Advocates, and a member of the Illinois State Bar Association. She earned her J.D. from the University of Illinois Chicago John Marshall Law School.
- Brett E. Legner
Brett E. Legner
Brett E. Legner is Counsel in the Supreme Court and Appellate Practice at Mayer Brown LLP in Chicago. Legner has presented over 100 oral arguments to Supreme Court and appellate courts at the federal and state level, including to the United States and Illinois Supreme Court, federal circuit courts, and every Illinois appellate district. Legner is an adjunct professor at Loyola University Chicago School of Law and a Lecturer in Law at the University of Chicago Law School. He earned his B.A. with honors from Northwestern University and his J.D. from DePaul University College of Law, where he was a member of the Order of the Coil.
- Elaine Liu
Elaine Liu
Elaine Liu is a Partner at Mayer Brown LLP, in Chicago, where she focuses her practice on litigation and regulatory enforcement. Liu is a member of the Board of Directors for the Asian American Bar Association of Greater Chicago and the Coalition of Women’s Initiatives in the Law and is a member of the Ambassadors Board for Legal Aid Chicago. She earned her B.A. cum laude 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 focuses his practice on commercial litigation and insurance coverage. May has been featured in the Chicago Daily Law Bulletin’s 40 Under Forty to Watch. He earned his B.S. from Colgate University and his J.D. from Northwestern Pritzker School of Law.
- Mairead J. Mumford
Mairead J. Mumford
Mairead J. Mumford is an associate at Mayer Brown LLP, in Chicago, where she focuses her practice on litigation and dispute resolution. Mumford is a member of Mayer Brown’s Supreme Court and Appellate Practice and maintains an active pro bono practice. She earned her B.A. and her J.D. magna cum laude from the University of Notre Dame.
- Steven F. Pflaum
Steven F. Pflaum
Steven F. Pflaum is a Partner at Neal, Gerber & Eisenberg LLP, in Chicago, where he focuses his practice on complex litigation and appeals, including constitutional and hospital property tax exemption controversies. Pflaum is a member of the Chicago Bar Association, where he was given the Justice John Paul Stevens Award and CBA/CBF Edward J. Lewiss II Pro Bono Award; was President of the Appellate Lawyers Association; and was recommended in Litigation — General Commercial by Chamber’s USA: America’s Leading Lawyers for Business. He earned his B.A. from the University of Illinois Urbana-Champaign and his J.D. magna cum laude from the University of Michigan Law School, where he was a member of the Order of the Coif and was editor at the Michigan Law Review.
- Geoffrey M. Pipoly
Geoffrey M. Pipoly
Geoffrey M. Pipoly is a Senior Associate at Bryan Cave Leighton Paisner LLP, in Chicago, where he focuses his practice on appeals. He earned 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.
- Kass A. Plain
Kass A. Plain
Kass A. Plain is the Director of the Appeals Unit of the Office of the Cook County Public Guardian, in Chicago, where she focuses her practice on appeals. Plain is a member of the Appellate Lawyers Association, Chicago Bar Association, and the National Association of Counsel for Children. She earned her B.A. magna cum laude from the University of Illinois Urbana-Champaign and her J.D. from the Northwestern Pritzker School of Law, where she wrote for the Northwestern Journal of International Law and Business.
- 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. Scodro is a member of the American Law Institute, a member of the American Academy of Appellate Lawyers, and the Past President of the Illinois Appellate Lawyers Association. Scodro previously clerked for the Hon. Sandra Day O’Connor for the U.S. Supreme Court and for the Hon. José A. Cabrenes for the U.S. Court of Appeals for the Second Circuit. He earned his B.A. summa cum laude from Dartmouth College, and his J.D. from Yale Law School, where he was Executive Editor for the Yale Law Journal.
- Gretchen Harris Sperry
Gretchen Harris Sperry
Gretchen Harris Sperry is a Partner and a Cochair of the appellate practice group at Gordon Rees Scully Mansukhani LLP in Chicago. Sperry is Past President of the Appellate Lawyers Association, is a member of Loyola University Chicago School of Law’s Alumni Board of Governors, and is Past Chair of the American Bar Association Council of Appellate Lawyers. She was named to the Best Lawyers in America list for Appellate Practice in 2025 and to the Super Lawyers list from 2020 – 2024. She earned her B.S. from the University of Wisconsin-Madison, and her J.D. from Loyola University Chicago School of Law, where she was Publication Editor for the Annals of Health Law.
- Alexa J. Thein
Alexa J. Thein
Alexa J. Thein is an associate at Bryan Cave Leighton Paisner LLP, in Chicago, where she focuses her practice on business and commercial disputes. Thein is a member of the Public Interest Law Initiative’s Young Professionals Board. She earned two B.A.s from the University of Missouri and her J.D. from Washington University in St. Louis.
- Nadine Jean Wichern
Nadine Jean Wichern
Nadine Jean Wichern has been a judge on the Circuit Court of Cook County since April 2024. Before that, she was an appellate litigator for 23 years. Between 2015 and 2024, she served as Chief of the Civil Appeals Division in the Illinois Attorney General’s Office, overseeing 24 attorneys who handle civil appeals on behalf of the State of Illinois. She also was an Assistant Corporation Counsel in the Appeals Division of the City of Chicago Department of Law. After graduating from DePaul University College of Law in 2000, she served as a clerk to the Hon. William J. Bauer on the United States Court of Appeals for the Seventh Circuit. She was later chosen by the National Association of Attorneys General to serve as a United States Supreme Court Fellow in Washington, D.C. She taught legal writing courses at local law schools for 11 years, has presented at many continuing legal education programs, is a contributor to legal treatises, and is a committed mentor and volunteer.
Civil Appeals: State and Federal 2025 Edition
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