Illinois Bar Journal

Articles on Appellate Practice

Rule 317, Appeal as a Matter of Right

By Charles N. Insler
May
2021
Article
, Page 36
A shot at the Illinois Supreme Court through an intriguing use of Illinois Supreme Court Rule 317.

A postjudgment motion that does not substantively attack the final judgment lacks tolling effects for appeals

March
2021
Illinois Law Update
, Page 18
On Dec. 22, 2020, the First District of the Illinois Appellate Court dismissed an appeal as untimely, holding that a postjudgment motion substantively attacking the complaint instead of the judgment lacks tolling power for appeals purposes.

Oral Arguments: More and Less Remote

By Amanda Hamilton
November
2020
Article
, Page 30
Appellate advocacy and the importance of effective oral argument.

The Timely and Properly Filed Notice of Appeal

By J. Timothy Eaton
April
2020
Article
, Page 26
Understanding notices of appeal, which are the  jurisdictional gateway to the Illinois Appellate Court.

(Why) I Object!

By Ruth F. Masters
May
2019
Article
, Page 28
Ten ways to avoid common mistakes when preserving an issue for appeal.

How to Appeal Final Judgments in Ongoing Litigation

By Don R. Sampen
April
2019
Article
, Page 36
A judgment is entered as to part of your case, but other matters still remain. Can you appeal? The answer is "yes" under Illinois Supreme Court Rule 304(a), but only if you follow the guidelines.

A Fresh Look at Supervisory Orders

By Tim Eaton & Jonathan B. Amarilio
July
2018
Article
, Page 40
The Illinois Supreme Court appears to be more willing to exercise its sweeping supervisory authority to afford relief.

Case remanded for proper admonishments regarding appeal process

May
2018
Illinois Law Update
, Page 18
On February 26, 2018, the first district appellate court remanded, with direction, a case to the trial court to give proper admonishments regarding perfecting an appeal, and to allow the defendant the opportunity to file proper post-plea motions, per Rule 605(c).

A Guide to Illinois Interlocutory Appeals

By Don R. Sampen
March
2018
Article
, Page 42
Illinois has a process for appealing some issues while litigation is still underway at trial. In Illinois, most requirements for interlocutory appeal are laid out in Illinois Supreme Court Rules 306, 307, and 308. Here's a step-by-step overview.

An appeal does not automatically stay the enforcement of the board’s order in an unfair labor practice case

December
2017
Illinois Law Update
, Page 16
The appellate process in section 11 of the Illinois Public Labor Relations Act is amended to reflect that the filing of an appeal to the Appellate Court does not automatically stay the enforcement of the Board's order.

From the Newsletters - Is oral argument a dying art?

September
2017
Article
, Page 40
Fewer oral arguments are held in the Illinois Appellate Court these days - and that's not a good thing, Illinois' chief justice says.

A Guide to Illinois Postjudgment Motions

By Don R. Sampen & Mark J. Sobczak
March
2017
Article
, Page 52
Follow these steps to make sure your postjudgment motion gets proper consideration at the trial court and preserves all issues for appeal.

Petitions for Leave to Appeal: Smoothing Your Path to Illinois Supreme Court Review

By J. Timothy Eaton
March
2016
Article
, Page 40
The supreme court receives thousands of petitions every year from unsuccessful appellate litigants, but it hears only a few. Here's how to increase the odds that yours will be one.
1 comment (Most recent July 26, 2017)

Strict compliance with Illinois Supreme Court Rule 604(d) does not require attorney certificate to be filed prior to postplea motions

January
2016
Illinois Law Update
, Page 18
On November 4, 2015, the Supreme Court of Illinois held that the attorney certificate required by Illinois Supreme Court Rule 604(d) does not have to be filed at or prior to a defendant's postplea motion.

When ‘Or’ Means ‘And’: A Trap for Criminal Appeals

By Timothy J. Ting
June
2015
Article
, Page 40
Criminal defense lawyers who appeal judgments entered after guilty pleas must certify that they have consulted their client about claims of error in both the guilty plea and sentence.

Oral rulings are not final judgments for purposes of time limit for appeals

April
2015
Illinois Law Update
, Page 16
On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.

Mailing a Notice of Appeal? Don’t forget the Certificate of Service

By Michelle L. Sanders
March
2015
Article
, Page 44
Remember to file a certificate or affidavit of service when mailing post-sentencing motions or notices of appeal - or risk having your case dismissed.

Rule 307(a)(1) Appeals – Not for Injunctions Only

By Christine Olson McTigue
December
2014
Article
, Page 590
Yes, Illinois Supreme Court Rule 307(a)(1) allows appeals from interlocutory injunction orders – but also in cases that are "injunctive in nature."

Illinois Supreme Court allows interlocutory appeals of suppression orders in juvenile cases

By Adam W. Lasker
September
2013
LawPulse
, Page 446
The supreme court rule change allowing interlocutory appeals remedies "a systemic problem for both prosecutors and defendants for decades," a commentator says.

Ten Tips to Improve Your Case on Appeal

By Hon. John C. Anderson
July
2013
Article
, Page 352
A reviewing court can be an intimidating place for the occasional appellate practitioner. These tips will help put you at ease.
1 comment (Most recent June 27, 2013)

No judicial review until arbitration process is complete

April
2013
Illinois Law Update
, Page 176
On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.

SCOTUS could reconcile conflicting federal rulings on immigrants’ right to counsel

By Adam W. Lasker
April
2013
LawPulse
, Page 170
The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.

Getting Your Amicus Brief Before the Seventh Circuit and Illinois Supreme Court

By Bruce Braverman
July
2012
Article
, Page 376
Convincing the seventh circuit or the Illinois Supreme Court to grant leave to file an amicusbrief is hard and getting harder. Here's how to maximize your chances.

Exhaustion of Administrative Remedies and the Prison Litigation Reform Act

By Beth Prager
October
2011
Article
, Page 526
District courts must decide whether prisoners have properly exhausted their administrative remedies before allowing their cases to proceed to the merits.

The lesson of George Ryan v U.S.

By Helen W. Gunnarsson
September
2011
LawPulse
, Page 434
It'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 Trap

By Richard Lee Stavins
August
2011
Article
, Page 410
Appellants 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 Argument

By Gino L. DiVito
April
2011
Article
, Page 188
A 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) intelligence

By Helen W. Gunnarsson
February
2011
LawPulse
, Page 66

Appeal of Pretrial Discovery Orders in Illinois

By Charles D. Knight
December
2010
Article
, Page 632
A 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 orders

By Helen W. Gunnarsson
November
2010
LawPulse
, Page 558

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