Articles on Appeals

Petitions under 735 ILCS 5/2-1401 not the right option for challenging appellate court mandates By Ken Stalkfleet Civil Practice and Procedure, December 2015 With its recent decision in Price v. Philip Morris, the Illinois Supreme Court offered deep reasoning for a point that might have seemed entirely obvious—that circuit courts cannot review mandates of the appellate court through 735 ILCS 5/2-1401. Practitioners should be aware of the court’s reasoning and what plaintiffs should have done.
The importance of standard of review in deciding to appeal By Michele M. Jochner Bench and Bar, May 2015 Because the standard of review determines the level of deference the reviewing court will afford to the judgment of the lower court, understanding what standard applies is critical, because it can impact not only your decision as to whether to pursue an appeal in the first instance, but also the selection of the issues you will raise in the appeal.
Five tips for handling a child custody appeal By David House Child Law, June 2012 Of course there are more than five steps to a good appeal, but if you remember these tips, you should be able to survive your first appeal.
Ten things a trial attorney MUST DO to preserve the record for a family law appeal By Gregory C. Maksimuk Family Law, September 2009 Ten things every trial attorney needs to know to prosecute a family law appeal.
Illinois Supreme Court Rule 315(c)(3): An appellate trap for the unwary By Matthew R. Carter Civil Practice and Procedure, October 2008 Illinois Supreme Court Rule 315 establishes rules for preparing an appeal from the Illinois appellate court to the Illinois Supreme Court. Ill. Sup. Ct. Rule 315.

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