Subject Index Appellate Practice

Illinois Supreme Court 2004: Taking on the Tough Issues

By Nancy J. Arnold & Tim Eaton
April
2005
Article
, Page 174
Last year the court confronted contentious issues that matter not just to lawyers but to the public at large.

Making settlement appealing

By Helen W. Gunnarsson
February
2005
LawPulse
, Page 62
On appeal, opponents rarely meet face to face and thus have little opportunity to explore settlement. A new program seeks to make settling easier at the appellate level.

Proper Review of Improper-Venue Rulings

By Anthony J. Longo
December
2004
Article
, Page 638
When should reviewing courts defer to trial court rulings on transfer-of-venue motions? This author offers his analysis.

When “one appellate court” disagrees with itself

By Helen W. Gunnarsson
December
2004
LawPulse
, Page 614
When appellate district panels disagree, which decision controls? The answer is far from certain.

Overruling Knapp, a “motion for clarification” does not stay the 30-day appeal period

October
2004
Illinois Law Update
, Page 514
On July 12, 2004, the Illinois Fourth District Appellate Court dismissed the plaintiff's appeal.

Trustees dissatisfied with a judgment are free to appeal, but do so at their own risk and cost

October
2004
Illinois Law Update
, Page 514
On July 12, 2004, the Illinois Fourth District Appellate Court affirmed that part of the Circuit Court of McLean County's judgment that refused to award attorney's fees incurred by a trustee on appeal.

2003 Illinois Supreme Court Civil Cases: Fees and Family Law, “No” to Immunity, and More

By Nancy J. Arnold & Tim Eaton
April
2004
Article
, Page 180
A look at last year's leading supreme court civil cases.

Brief-Building: The Finishing Touches

By Maureen B. Collins
March
2004
Column
, Page 153
You've built a well-reasoned, well-argued edifice; don't sabotage your effort by neglecting the final flourishes.

Building a Solid Foundation

By Maureen B. Collins
February
2004
Column
, Page 105
Last month's column looked at the "prep work" necessary for a brief. This month, we focus on the framework.

Correspondence from Our Readers

February
2004
Column
, Page 58
Don't forget the court's citation rules.

Constructing an Argument

By Maureen B. Collins
January
2004
Column
, Page 47
Like a house, a brief needs a solid framework, intricate inner workings, and an attractive appearance.

Defendant who was absent at trial may file for appellate review pursuant to section 115-4.1(g) so long as appeal raises issues of fundamental fairness and due process

September
2003
Illinois Law Update
, Page 436
On May 20, 2003, the Appellate Court of Illinois, First District, affirmed the order of the Circuit Court of Cook County convicting the defendant of theft by deception and sentencing him in absentia.

Party who requests and is granted a new trial is subsequently foreclosed from petitioning for appellate review of first trial pursuant to SCR 306(a)(1)

September
2003
Illinois Law Update
, Page 436
On June 19, 2003, the Illinois Supreme Court held that the plaintiff, by requesting a new trial in her post-trial motion, was foreclosed from later petitioning for appellate review of the first trial pursuant to Illinois Supreme Court Rule 306(a)(1) (166 Ill 2d R 306(a)(1)).

Correspondence from Our Readers

May
2003
Column
, Page 218
Rule 315(b); why require an affidavit?

Under Illinois Marriage and Dissolution of Marriage Act, spouse can recover attorney fees for individual appellate claims on which he or she “substantially prevails”

April
2003
Illinois Law Update
, Page 168
On January 24, 2003, the Illinois Supreme Court held that the appellate court had jurisdiction to reverse the trial court's award of attorney fees to the wife for an appeal in her action to dissolve her marriage.

Affidavit of intent to file for petition for leave to appeal must comply with traditional meaning of affidavit and not just provide notice to opposing party

March
2003
Illinois Law Update
, Page 116
On December 5, 2002, the Illinois Supreme Court dismissed the defendant's appeal because the document it filed entitled "Affidavit of Intent to File Petition for Leave to Appeal" was not an "affidavit," but rather a simple pleading.

What is jurisdictional, anyway?

By Helen W. Gunnarsson
March
2003
LawPulse
, Page 110
The supreme court's recent assertion that it lacked jurisdiction because an affidavit of intent to appeal was defective arguably begs the question, "What is jurisdictional?"

Appellate court lacks jurisdiction where struck counts and dismissed claims not separate and distinct from remaining claims; income partners not “partners” for purposes of liability for malpractice claims

December
2002
Illinois Law Update
, Page 634
On September 9, 2002, the Appellate Court of Illinois, First District, affirmed in part and reversed in part the orders of the circuit court of Cook County striking the plaintiff's breach of contract counts, dismissing part of the claim for damages.

Forgoing Interlocutory Appeals: the New “Law of the Case”

By Avidan J. Stern
December
2002
Article
, Page 652
The Illinois Supreme Court has ruled that parties may appeal rulings at the end of a case even after forgoing an interlocutory appeal.

Losing Arguments

By Maureen B. Collins
December
2002
Column
, Page 669
Avoid these rotten eggs masquerading as arguments and put more Xs in your "win" column.

Arguments That Work: Rhetorical Strategies for Argumentation

By Maureen B. Collins
November
2002
Column
, Page 611
After evaluating the strengths and weaknesses of your facts and evidence, use one of the rhetorical strategies described here to argue your case.

When court terminates parental rights, appeal of that determination does not stay termination

November
2002
Illinois Law Update
, Page 584
On August 29, 2002, the Illinois Supreme Court reversed in part and vacated in part the decision of the appellate court in this child custody case.

Picky, Picky, Picky: Formatting an Appellate Brief

By Maureen B. Collins
September
2002
Column
, Page 491
Don't try to understand the often picayune rules that govern typefaces, paper color and the like; just learn and follow them.

Appeal Bonds and Illinois Supreme Court Rule 305

By Carolyn Quinn
April
2002
Article
, Page 199
Will you need an appeal bond to stay execution of judgment and protect your client's property? This article discusses the process.

The Appellate Timetable: A Procedural Checklist for General Practitioners

By Michael F. Dahlen
April
2002
Article
, Page 188
A review and checklist of the deadlines lawyers must meet when they file appeals.

Incorporating the Standard of Review into Your Appellate Argument

By Maureen B. Collins
April
2002
Column
, Page 209
Here's how to remind the appellate court of its responsibility, and its power, to overturn or uphold the lower court's decision.

Making the Most of Your Oral Argument

By Jean M. Prendergast
April
2002
Article
, Page 207
How to capitalize on your last opportunity to face the court.

Making the Record: Appellate Practice Starts at Trial

By Charles P. Goldbert
April
2002
Article
, Page 195
Steps to take and pitfalls to avoid in making sure that information makes it into the record.

Selecting and Framing the Issues on Appeal: A Powerful Persuasive Tool

By Marcia L. McCormick
April
2002
Article
, Page 203
Issue-selection strategies for appellate lawyers.

Supreme Court Rule 23: The Terrain of the Debate and a Proposed Revision

By Michael T. Reagan
April
2002
Article
, Page 180
Rule 23, which provides for unpublished—and nonprecedential—opinions, has been a source of tension between bench and bar. This article reviews the debate and offers suggestions for change.

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