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Accomplished Appellate Lawyers In Geneva Handling Appeals Statewide In Illinois

Sometimes the court gets it wrong. While it can feel like a judgment or verdict is final, that is not necessarily the case. The courts are designed to reach fair and impartial conclusions, and sometimes getting what’s fair requires filing a formal appeal and stating your case to the appellate court.

The partners of Storm & Piscopo, P.C. have decades of legal experience, including extensive work in civil appeals. Philip Piscopo concentrates a significant portion of his practice in appellate law, and has numerous reported decisions before the Illinois appellate courts. Peter Storm likewise has had notable success in appeals, and has been selected to Super Lawyers for his body of work in both business litigation and appellate law.

Reach out today if you believe that you may have grounds to appeal an adverse ruling. There is a short window to file notice of appeal, so it is critical to seek legal advice promptly to preserve your right to rectify an injustice. Arrange a free consultation at 630-232-6170,

Appellate Law 101: What To Expect During An Appeal

What exactly is an appeals court and how does it work? We discuss some of the basics here, so you know generally what expect during an appeal.

A trial court’s decisions are subject to review by an appeals court. This means that you can appeal a ruling that went against you. Conversely, the other side may appeal if you won.

The judges in an appeals court determine whether an error was made in your original trial. There are many justifications for filing an appeal, which is why it’s important to work with an attorney who understands the intricacies of Illinois appellate law.

Decisions can be appealed in a wide range of civil cases, including:

Family law
Commercial litigation
Estate litigation
Business disputes
Real estate litigation
Employment law
Administrative review

The rules for appeal vary with the type of case and the venue in which the original case was heard. See When Can I Appeal?

The Record On Appeal

An appeal is started by filing a “Notice of Appeal.” Sometimes, both parties want to appeal, and in those cases, the second party files a “Notice of Cross-Appeal.” Next, the appellant (the party that wants to appeal) has the clerk and the court reporters prepare the record, which includes all the filings in the trial court, exhibits, and transcripts of hearings.

It is very important that the trial court has addressed any issue you want to have heard in the Appellate Court, and that there is a record of the issue being addressed. Sometimes if there was no court reporter a summary of what the testimony was needs to be prepared, which is called a “Bystander’s Report.”

The Appellate Briefs

The appellate brief will be the most important part of your appeal. This is where the primary argument is made on your behalf. The appellant files the first brief, the appellee then files a responding brief and the appellant then files a short reply.

Unlike in a jury trial, there is no testimony. Instead, an appeals court determines whether the trial court made a mistake.
Illinois has five appellate court districts, and your case will be heard by a panel of three justices in your jurisdiction. Federal cases in Illinois are reviewed by the U.S. Court of Appeals for the 7th Circuit in Chicago.

Oral Argument

The Appellate Court may ask for oral argument; different districts have different practices. In an oral argument, each side has 20 minutes to present their case, and the appellant has an additional 10 minutes for rebuttal. Most of the time, an oral argument consists of the justices asking clarifying questions of the attorneys on both sides.

Court Decision

Once the court has heard both sides, the justices will make a written ruling. The ruling explains the facts, the applicable law, and the application of the law to the facts. Sometimes a decision is “published,” meaning that it becomes part of the law of the State of Illinois. All decisions, however, are available for public viewing on www.illinoiscourts.gov.

A party that loses in the Appellate Court may appeal to the Illinois Supreme Court. That court does not have to take every case, and it usually accepts only cases where there is an issue of “substantial importance,” or where two or more panels of the Appellate Court have reached different decisions on similar issues. If your case is a federal case or there are federal issues involved, you may even ask the United States Supreme Court to hear the matter. That court also has the discretion to accept a case or not. If it accepts the case, you can be sure your case is one that raises issues of national importance.

Frequently Asked Questions On Illinois Appellate Practice

By: Philip J. Piscopo of Storm & Piscopo, P.C.

Q. What laws or rules describe the appeal process?

A. Supreme Court Rules 301 through 384 govern appeals from trial court decisions in civil cases. Rules 601 through 651 govern criminal appeals. Many, but not all, of the criminal rules, are the same as civil appeals. The most important differences are the form of the Notice of Appeal (Rule 606(d)) and appeals from guilty pleas (Rule 604(d)).

Q. How do I file an appeal?

A. You file a Notice of Appeal in the trial court (not the appellate court). Make sure the notice says what trial court order you want the appellate court to review.

Q. When may I file an appeal?

A. In most cases, you may file a Notice of Appeal within 30 days after the trial court’s judgment in both civil cases (Rule 303) and criminal cases (Rule 606(b)). If you file a post-trial motion, the 30 days begin to run when the trial court resolves the last post-trial motion. See my article on when a judgment is “final” for purposes of appeal. Once the 30 days pass, you usually may no longer appeal, so we recommend filing a Notice of Appeal even if you are unsure whether you or your client wants to appeal.

In some cases, you may file a Notice of Appeal even if the case is not final. The most common of these is an injunction, whether it is granted or denied. (Rule 307) The rules, including deadlines, for these appeals, can be very different from ordinary cases, so you should contact us right away so that we can determine which rule applies.

Q. What needs to be done after I file the appeal?

A. A docketing statement (Rules 312 and 606(g)) needs to be filed, which tells the court what the case is about. Then the record, including the court file, exhibits and trial transcripts, needs to be prepared (Rules 321 and 608) and delivered to the appellate court, generally 63 days after filing the Notice of Appeal. We then prepare the briefs: an opening brief by the party appealing, a brief by any other party and a short reply brief. The briefing schedule normally takes 84 days.

Q. May that time be extended?

A. Yes, if the appellate court allows it after you file a motion.

Q. I have a case that is still in the trial court. How do I make sure my issues will be considered on appeal?

A. You need to make sure the record contains all the information the appellate court needs to decide the appeal, including what you asked the trial court to do, what supports your request and what the trial court did. For example, if you think the trial court should have heard certain evidence, you must make an “offer of proof,” in which you tell the trial court what the evidence would have been and why it should be admitted. If your appeal is from a jury verdict in a civil case, you also need to first file a post-trial motion under Section 2-1202 of the Code of Civil Procedure and include in your motion all issues you want the appellate court to consider. In a criminal case, you need to file a timely post-trial motion under Section 116-1 of the Code of Criminal Procedure in both jury and nonjury cases. If you leave an argument out, the appellate court will not consider it (Rule 366(b)(2)).

Q. How long does an appeal take?

A. In our experience, cases are decided roughly six to nine months after the reply brief is filed. The 1st District (Cook County) usually takes more time because it has more cases. The appellate court will sometimes ask for oral argument.

Q. I have a child custody case. Can it be decided more quickly?

A. Yes. In 2004, the Illinois Supreme Court enacted Rule 306A, which shortens the time for the appellate court to decide the case to 150 days. In the 2nd District, which includes Kane and DuPage counties, the record is filed, and the briefing schedule is to be completed within 84 days after filing the Notice of Appeal. The 1st District has a similar schedule. This helps ensure that child custody decisions are decided quickly and fairly.

Q. I lost in the appellate court. What now?

A. You may file a Petition for Rehearing within 21 days of the decision under Rule 367. We have found that this is a good option when there is a specific part of the court’s ruling that is unclear. You may also ask the Illinois Supreme Court to hear the case by filing a Petition for Leave to Appeal within 35 days after the appellate court’s decision (this time is extended if you file a Petition for Rehearing). Most of the time, the Illinois Supreme Court does not have to hear the case, but you should still consider the option if the case raises novel questions or if the appellate court disagreed with another court on an important issue.

Arrange A Consultation

Find out what you can expect in the appeals process by contacting us to schedule an initial consultation. For certain matters, we offer free initial consultations with one of our attorneys. We also offer low flat rates for other initial consultations. Call 630-232-6170 to arrange your consultation today.