When a court makes a mistake in its ruling, either side could have an opportunity to overturn the decision. To do this, the appropriate appellate court has to hear the issue. There are five appellate districts in Illinois, and one federal court for the Illinois-Wisconsin-Indiana tri-state area.
Those involved in appeals should understand this structure, but it is also important to take guidance from someone acquainted with the way appeals work. This should help clarify the various procedures necessary to begin the process. For an overview of jurisdictions, please continue reading.
By way of context, it is important to understand that appellate courts do not hear testimony. Instead, a panel of justices reviews briefs presented by both parties and considers the records of the procedure in question. In some cases, the court may also hear oral arguments.
One of the more common types of appellate cases is when one party seeks to review and potentially overturn the findings of a Circuit Court. Cross-appeal is also possible, in which both parties seek a review. In either case, documents should be filed in the appropriate jurisdiction. In a Geneva-based example, Kane County is part of the 16th Judicial Circuit, which in turn is part of the 2nd District of the Illinois Appellate Court.
Some appeals could go before the Federal appellate court. Illinois is in the 7th District, which is headquartered in Chicago. This court would typically hear appeals based on issues involving federal law. As evidenced by the Practitioner’s Handbook for Appeals, which is nearly 200 pages long, pursuing reviews of cases at the federal level is a complex endeavor.
The first step toward any successful appeal is likely to be research and preparation. Knowledge of procedure also tends to be an invaluable resource. Please make sure you secure all of the above before proceeding with any appeal you intend to make.
