Appeals

OVERVIEW OF THE APPELLATE PROCESS

The following is a brief overview of the Illinois appeal process.  Each phase of the appeal can involve numerous complex issues and this brief summary should not be treated as a thorough discussion of all issues.

Filing An Appeal
Litigation in the Illinois state courts begins in the trial court – formally known as the circuit court.  There are many ways that a case may be concluded in the circuit court.  The trial judge might dismiss the case on the pleadings early in the litigation or enter summary judgment well into the litigation.  The case could be tried before the judge or a jury, with a final judgment entered after a trial.  Once the case is concluded in the circuit court, a party unsatisfied with the outcome has the right to appeal.

An appeal begins with filing a notice of appeal in the trial court.  There are very strict time limitations for filing a notice of appeal and for the steps that follow and failure to meet the deadlines may result in losing the right to proceed with the appeal.

In Illinois, decisions of the trial court are almost always appealed to the Illinois Appellate Court, which is divided into five geographic districts across the state.  The party who begins the appeal –  known as the “appellant” – is also responsible for obtaining the record on appeal from the circuit court to be filed with the appellate court.  The appellate record consists of the materials from the trial court that the appellant would like to present to the appellate court and use in appeal.

IT IS IMPORTANT TO UNDERSTAND THAT THE APPEAL PROCESS IS BASED ENTIRELY UPON A REVIEW OF THE RECORD THAT WAS CREATED IN THE TRIAL COURT TO DETERMINE WHETHER REVERSIBLE ERROR WAS COMMITTED IN THE TRIAL COURT.  AN APPEAL DOES NOT BEGIN THE CASE ALL OVER AGAIN AND IT DOES NOT INCLUDE OBTAINING ADDITIONAL EVIDENCE OR HAVING A NEW TRIAL.  IN MOST CASES, THE APPELLATE COURT WILL NOT EVEN HEAR ENTIRELY NEW LEGAL ARGUMENTS THAT WERE NOT RAISED IN THE TRIAL COURT.

Briefing
In a typical appeal, the parties will file a total of three briefs with the court.
The appellant begins with an opening brief.  The appellant’s opening brief must neutrally explain the facts of record and the procedural history of the case.  The brief also includes an argument that sets forth the specific errors of law or fact that the party believes occurred in the trial court, and explains why the appellate court should reverse the trial court’s decision.

A good appellate brief does not simply restate the arguments made in the circuit court.  Instead, it should be based upon a complete review of the record and should develop legal arguments based upon independent and thorough legal research conducted by the appellate lawyer.

The party responding to the appeal – called the “appellee” – then files a responsive brief.  In that brief, the appellee argues why the trial court reached the right result and why the appellate court should affirm the trial court’s decision.

Finally, the appellant may file a reply brief, which is limited to responding to arguments addressed in the appellee’s brief.

Appellate Panel and Oral Argument
Appeals in the Illinois Appellate Court are decided by an appellate panel consisting of three justices.

Once the briefing is completed, the appellate court will determine whether it will hear oral argument.  The time between the close of briefing and oral argument varies tremendously between different courts.  The chances of obtaining an oral argument will also vary, depending upon which district appellate court is involved and the nature of the case.  Appellate courts in Illinois routinely decide civil (non-criminal) cases without oral argument.

The lawyers at oral argument usually focus on just the most important aspects of their case, and the justices will frequently ask questions.  At the close of oral argument (or, of there is no oral argument, then when the briefing is completed), the case is submitted to the appellate court for a decision.

Decision
The appellate panel will usually issue a written opinion that states its decision and the reasons for the decision.  Like the time between briefing and oral argument, the time between oral argument and issuance of the written decision varies considerably between different courts, depending upon the court’s caseload at a particular time and the type of case involved.  There is usually no  “deadline” for the court to act, but in a few cases, including child custody decisions, the Illinois Supreme Court has imposed time requirements for the appellate court to issue  its decision.  In addition, issuance of decisions of criminal cases generally receives priority over decisions in civil cases.

If the appellate court deems it appropriate, the written opinion will be published in the official reports and will be binding authority for litigants in the future.

Rehearing by the Appellate Court
A party dissatisfied with the appellate decision has a short time to ask the appellate court to rehear the case.  Such petitions are almost never granted.  If the arguments have already been made and considered, the court is not likely to consider them again.  If the arguments have not already been made, the court is not likely to consider new argument.  In very rare cases, when the appellate court has misunderstood the law or the applicable facts of the case, the rehearing petition will be granted.

Review by the Illinois Supreme Court
A party who is dissatisfied with the results in the Illinois Appellate Court can petition the Illinois Supreme Court to review the case.   With a few exceptions, the Illinois Supreme Court is not required to hear any particular case and an appeal may be brought to the court only by permission of the court.  The supreme court does not generally hear a case simply because the appellate court reached the “wrong” decision.  Instead, usually there must be an additional reason justifying review by the supreme court. The Illinois Supreme Court is most likely to take cases where different appellate court districts have reached different conclusions on the same issue.

Once the Illinois Supreme Court decides to take a case, the procedure is very similar to the process in the appellate court.  However, the briefing often involves a discussion of public policy considerations, as well as an analysis of the law of states other than Illinois.

  

Web site created by Attorney Locate, part of the AllLaw.com network.