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How does the appeal process work in Illinois?

| Jun 30, 2019 | appellate law, Firm News |

If you believe the verdict you received during a trial at a circuit court in Illinois was made in error, you have the right to appeal. The appeal process has numerous steps, and it’s important to understand these steps even when you have professional legal representation. To help you along, the Illinois Courts offers the following information.

The appellate process entails filing many official notices to different entities. The clerk of the circuit court where your hearing was held will receive a notice of appeal, while the court reporters must be notified to prepare the transcripts. The clerk of courts must also prepare the record on appeal, which is provided to the appellate court which will be deciding on your appeal. You’ll be responsible for providing the appellate court a notice of filing.

Once all documents are received by the appellate court, you can file your brief. At this point, the appellee, which is the other party involved in the hearing, is free to respond to the brief. If he or she decides to do so, you can respond with a reply brief. Once all parties have had the opportunity to respond, the court will look at these responses, as well as all the other information provided, and make a decision on the appeal request.

It’s possible that your appeal will be denied. If so, you have two options. You can ask the court to reconsider the issue by filing a petition for rehearing. In the petition, you must explain why the court was in error regarding your appeal. You can also file a petition for leave to appeal with the Illinois Supreme Court. If you choose this option, the court will review the appellate court’s decision and determine whether it should be upheld.

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