The lesson of George Ryan v U.S.By Helen W. GunnarssonSeptember 2011Lawpulse, Page 434It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
Stay of Judgment Pending Appeal: Avoid the Appeal-Bond TrapBy Richard Lee StavinsAugust 2011Article, Page 410Appellants often discover too late - and to their horror - that an appeal bond must be filed the same day the notice of appeal is due. Here's how the mysterious appeal-bond process works.
Surviving the Death of Oral ArgumentBy Gino L. DiVitoApril 2011Article, Page 188A retired appellate justice offers his view of what can be done to assure full and fair vetting of cases in a post-oral-argument world.
Motion(al) intelligenceBy Helen W. GunnarssonFebruary 2011Lawpulse, Page 66Motions, particularly motions to stay and to strike, are tools every appellate lawyer should know how and when to use.
Appeal of Pretrial Discovery Orders in IllinoisBy Charles D. KnightDecember 2010Article, Page 632A wrongly issued pretrial discovery order threatens to undermine your case - what can you do to get a second opinion at this early stage in the litigation? More than you might think.
Lifting the veil on rule 23 ordersBy Helen W. GunnarssonNovember 2010Lawpulse, Page 558Heretofore unpublished orders will see the light of day and appellate court opinions will appear on the web more quickly thanks to a supreme court rule change.
Grab your smartphones and hold onto your briefs: the practice of law has just gotten faster.
Can you stay a federal appellate court ruling while your petition for cert is pending?By Helen W. GunnarssonOctober 2010Lawpulse, Page 502Maybe, if you can show a reasonable chance of succeeding at the Supreme Court level and irreparable harm if the stay isn't granted.
You've taken a case through federal district court and the seventh circuit court of appeals. The result wasn't exactly what you wanted for your client, but the court has issued its mandate and you can no longer move for rehearing.
Supreme court rule changes bring more certainty to custody judgmentsBy Helen W. GunnarssonApril 2010Lawpulse, Page 174Before, custody orders weren't final and appealable if other issues were pending. Now they are, and that's good for kids, an appellate justice says. But she warns that family lawyers must pay closer attention than ever to appellate rules and deadlines.
Federal standard timeBy Helen W. GunnarssonFebruary 2010Lawpulse, Page 66New laws standardize the way time periods are calculated in federal court.
Appealable Though Moot?By Professor Jeffrey A. ParnessSeptember 2009Column, Page 476A recent Illinois Supreme Court opinion analyzes exceptions to the mootness doctrine.
Faster resolution urged for custody, SLAPP suitsBy Helen W. GunnarssonJune 2009Lawpulse, Page 278At a recent hearing, the supreme court rules committee was asked to speed disposition of child custody proceedings and SLAPP suits.
Rules committee hears criminal law, family law, civil practice proposalsBy Helen W. GunnarssonApril 2009Lawpulse, Page 168The supreme court rules committee heard proposals to require consular notification for foreign nationals, to change child custody rules, and to require additional notice to opposing counsel.
An Appellate Justice’s Quick Guide to AppealsBy Justice Robert W. CookMarch 2009Article, Page 132A former appellate justice offers advice on every step in the appellate process, from trial to oral argument.
A dismissal granting leave to amend is not a final adjudicationFebruary 2009Illinois Law Update, Page 70On December 2, 2008, the Illinois Appellate Court, Second District, reversed and remanded the judgment of the Circuit Court of Lake County granting the defendants' motions to dismiss and dismissing the plaintiff's medical malpractice complaint.
Disagreement among appellate divisions creates split of authorityBy Helen W. GunnarssonJanuary 2009Lawpulse, Page 10 When one division within an appellate district disagrees with another, it creates an intradistrict split of authority - so sayeth the supreme court.
Can Supreme Court Rule 308 Keep Your Case Alive?By Christopher T. PolilloDecember 2008Article, Page 632Depending on the facts and law, you might persuade a court to grant interlocutory review under Rule 308. Here's how it works.
Preserving the right to appeal an ambiguous rulingBy Helen W. GunnarssonJuly 2007Lawpulse, Page 342What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.
A trio of Illinois Supreme Court Rule amendmentsBy Helen W. GunnarssonMay 2007Lawpulse, Page 230The court amended rules governing the format of appellate briefs, appeals from circuit court rulings, and voir dire examinations in criminal cases.
When Does a Postjudgment Motion Toll the Deadline for Appeal?By Leon I. Finkel and Bradley A. SilvaMarch 2007Article, Page 142It's a huge mistake to think that every motion after final judgment tolls the deadline for filing an appeal. Here's a review of the statutory and case law.
Goodbye to number, length limits for Illinois appellate opinionsBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66The supreme court lifted its 12-year-old limit, effective last month. Will its next step be to publish Rule 23 opinions on its Web site? Appellate advocates hope so.
New rule allows citation of unpublished federal opinionsBy Helen W. GunnarssonFebruary 2007Lawpulse, Page 66Federal appellate courts used to restrict or prohibit citation of unpublished opinions in arguments to the courts. That changed January 1.
Another appellate court holds postdissolution order finality depends on SCR 304(a) findingJanuary 2007Illinois Law Update, Page 14On October 23, 2006, the Illinois Appellate Court, Fourth District, dismissed the respondent's appeal from the Circuit Court of Vermilion County's dismissal of her post-dissolution petition to modify maintenance because the circuit court's order was not final and appealable.
Lawpulse Have you been bench-slapped by the 7CA?By Helen W. GunnarssonJanuary 2007Lawpulse, Page 8Are seventh circuit justices' public scoldings of attorneys for defective jurisdictional statements disproportionately harsh?
Easterbrook strikes motions to strikeBy Helen W. GunnarssonNovember 2006Lawpulse, Page 578Federal district court judges agree that arguing in response to your opponent's brief is almost always better than moving to strike something from it.
