Publications

Articles on Appellate Practice

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.

To recover attorney fees from an appeal under the Illinois Marriage and Dissolution of Marriage Act, the party appealing must “substantially prevail” by obtaining relief that is at least 50 percent of the relief sought

April
2002
Illinois Law Update
Page 176
On February 6, 2002 the Appellate Court of Illinois, Fourth District, addressed a question of first impression regarding the meaning of "substantially prevailed" in the attorney fees provision of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/508(a)(3.1).

Notice of appeal cannot be filed before trial court has ruled on all SCR 137 motions for sanctions

December
2001
Illinois Law Update
Page 624
On September 20, 2001, the Illinois Supreme Court affirmed the judgment of the appellate court in dismissing an appeal under SCR 304(a), ruling that a notice of appeal cannot be filed before the trial court has ruled on all existing SCR 137 motions for sanctions.

Administrative appeals of indicated findings of child abuse or neglect

May
2001
Illinois Law Update
Page 230
On February 23, 2001, the Illinois Department of Children and Family Services (department) adopted an amendment to section 336 of the Illinois Administrative Code. 89 Ill Adm Code 336.

Evidentiary hearing was necessary in death penalty appeal to determine whether the state would have exercised a peremptory challenge in the absence of gender-related motivations

May
2001
Illinois Law Update
Page 230
On March 2, 2001, the Illinois Supreme Court reversed the circuit court's dismissal of the defendant's post-conviction petition filed in a death penalty case.

The Lawyer’s Journal

By Bonnie C. McGrath
May
2001
Column
Page 226
Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
February
2001
Column
Page 56
When does may mean must? When it comes to appealing interlocutory orders

Appeals from Plea Agreements: New Rules Clarify the Law

By James G. Fahey
November
2000
Article
Page 642
Effective November 1, the Illinois Supreme Court amended Rules 604 and 605 to clear up the confused law of plea-agreement appeals. Read all about it.

Appeal of child abuse and neglect investigation

September
2000
Illinois Law Update
Page 500
On June 1, 2000, the Illinois Department of Children and Family Services (department) adopted new sections and amendments to section 336 of the Illinois Administrative Code. 89 Ill Adm Code 336.

Appellate Review in Domestic Relations Cases: The Elusive Final and Appealable Order

By Gunnar J. Gitlin and Chris S. Haaff
August
2000
Article
Page 444
A review of the cases that have diminished appellate courts' power to review domestic relations cases.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2000
Column
Page 308
Playing the child-support percentages; ADA news and views; please don't squeeze the luggage; and more.

The Lawyer’s Journal

By Bonnie McGrath
December
1999
Column
Page 632
One new rule clarifies notice-of-appeal filings in criminal cases...

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

Pages

Select a Different Subject