Transcription of A GUIDE TO ILLINOIS CIVIL APPELLATE PROCEDURE
1 Prepared by the APPELLATE Lawyers Association First Revision October 1, 1999 Second Revision April 30, 2011 _____ A GUIDE TO ILLINOIS CIVIL APPELLATE PROCEDURE i Copyright 2011, 1999 By APPELLATE Lawyers Association All rights reserved. All Rights Reserved Authorization to reprint items for inclusion in a publication for sales or to photocopy items for educational use may be obtained from the APPELLATE Lawyers Association by contacting Christine Teed, 1755 Park Street, #260, Naperville, ILLINOIS 60563, (630) 416-1166. This publication is designed to provide information in regard to the subject matter covered. It is distributed with the understanding that the publisher is not engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent, professional attorney should be sought.
2 Ii Preface This GUIDE to APPELLATE PROCEDURE was first prepared by the APPELLATE Lawyers Association in 1989 to help CIVIL litigants who were handling their own appeals. Such litigants are commonly called pro se litigants; pro se literally means for oneself. Prior to the 1999 revision, the GUIDE was titled A GUIDE to ILLINOIS CIVIL APPELLATE PROCEDURE for the Pro Se Litigant. Because the APPELLATE Lawyers Association believes the GUIDE has evolved into a manual that is also useful to lawyers engaged in APPELLATE practice, the title no longer indicates the work is directed to the pro se litigant. Nevertheless, the focus remains on the pro se litigant. The user will find that many of the references to the pro se litigant intentionally remain in the text and in the forms. The GUIDE is not designed to teach you how to write an effective brief or make a persuasive oral argument.
3 Its only goal is to explain some of the procedural rules you need to know to get your appeal to a decision on the merits. The GUIDE is based on ILLINOIS Supreme Court Rules 301 through 384 in effect on April 30, 2011. These procedural rules are applicable to all CIVIL appeals in ILLINOIS . Appeals in criminal cases are not dealt with in this GUIDE . In some areas the procedural rules in criminal appeals are not the same as the rules for CIVIL appeals. ILLINOIS Supreme Court Rules 601 through 651 contain the rules for criminal appeals. The Supreme Court amends its rules from time to time, so you should always consult the most recent version. The most current version can be found on the Court s website at , click on Rules. Also, a few procedural rules vary among the different APPELLATE and circuit courts.
4 The individual rules of the court with which you are dealing must be followed, and if you have any questions regarding procedures, you must follow the directions given to you by the particular court. The local rules for each APPELLATE court district also can be found at , click on Courts, then APPELLATE , and then APPELLATE Court Local Rules. Wherever possible, variations are indicated in the GUIDE . If you are handling your own appeal not by choice but because you cannot afford or cannot find an attorney, you should be aware that there are organizations which may help you. Information may be available through state and local bar associations or at the circuit or APPELLATE court clerks offices. Contact information for the APPELLATE court clerks can be found in the Appendix and in the supreme court s website at , click on Courts, then APPELLATE .
5 This GUIDE is available, free of charge, at the APPELLATE Lawyers Association website, The APPELLATE Lawyers Association expresses its gratitude to Joanne R. Driscoll, Kevin M. Forde, Ltd., 111 West Washington Street, Chicago, ILLINOIS 60602, with the assistance of Kass A. Plain, Supervisor, Appeals Unit, Juvenile Division, Office of the Cook County Public Guardian, 2245 West Ogden Avenue, Chicago, ILLINOIS 60612, for the work they did in the second revision to this GUIDE . iii TABLE OF CONTENTS Page I. WHAT THE APPELLATE COURT DOES .. 1 A. THE COMMON LAW RECORD .. 1 B. THE REPORT OF PROCEEDINGS .. 1 C. THE PARTIES BRIEFS .. 1 II. WHEN TO APPEAL .. 2 A. APPEALS FROM FINAL ORDERS .. 3 B. JUDGMENTS AS TO FEWER THAN ALL PARTIES OR ALL CLAIMS .. 4 C. MATTERS OTHERWISE APPEALABLE AS OF RIGHT .. 4 D. MATTERS OTHERWISE APPEALABLE BY PERMISSION .. 6 III. STARTING THE APPEAL PROCESS APPEALS AS OF RIGHT.
6 7 A. THE NOTICE OF APPEAL .. 7 B. WHERE TO FILE .. 8 C. WHAT IF YOU MISS THE 30-DAY DEADLINE? .. 9 D. STAY OF JUDGMENT PENDING APPEAL .. 10 1. Stay of Money Judgments .. 10 2. Stay of Other Judgments .. 10 3. Extension of Time to File Bond .. 10 4. Stays by the APPELLATE Court .. 10 5. Automatic Stay Pending Appeal of Termination of Parental Rights .. 11 6. Automatic Stay Permissive Appeals .. 11 IV. APPEALS BY PERMISSION .. 11 A. SUPREME COURT RULE 306 APPEALS .. 11 B. SUPREME COURT RULE 308 APPEALS .. 12 V. THE DOCKETING STATEMENT .. 13 VI. PREPARING AND FILING RECORD ON APPEAL .. 14 iv A. TRANSCRIPTS OF COURT PROCEEDINGS .. 14 1. Ordering the Transcripts .. 14 2. Getting the Transcripts Certified .. 15 3. Correcting Mistakes .. 16 4. Filing by Stipulation .. 16 5. Additional Time for Filing the Transcripts .. 17 B. WHAT TO DO IF THERE WAS NO COURT REPORTER THE BYSTANDER S REPORT OF ORAL PROCEEDINGS.
7 17 C. PREPARATION OF THE RECORD ON APPEAL .. 18 1. Ordering the Record on Appeal .. 19 2. Payment of the Preparation Fee .. 19 D. FILING THE RECORD ON APPEAL .. 19 1. Sending the Record to the APPELLATE Court .. 19 2. Obtaining the Record for Use in Preparing Your Brief .. 20 3. Certification in Lieu of Record .. 20 E. SUPPLEMENTAL RECORD .. 20 F. SUPPORTING RECORD .. 21 G. SPECIAL RULES FOR RECORDS IN CERTAIN CASES .. 21 VII . CHILD CUSTODY APPEALS .. 21 A. STARTING THE APPEAL .. 22 B. FILING AND SERVICE .. 23 C. DOCKETING STATEMENT .. 23 D. MANDATORY EXPEDITED DISPOSITION .. 24 1. Special Caption .. 24 2. Service Upon the Circuit Court .. 24 3. Status Hearing .. 24 4. Record .. 24 5. Local Rules .. 24 v 6. Due Dates for Briefs for Supreme Court Rules 301 and 304(b)(6) Appeals .. 25 7. Due Dates for Briefs for Rule 307(a)(6) Appeals.
8 25 E. ORAL ARGUMENT .. 25 F. AFTER THE APPELLATE COURT RULES .. 25 VIII. APPEALS FROM FINAL ADMINISTRATIVE ORDERS .. 26 A. PETITION FOR REVIEW .. 26 B. PREPARING AND FILING THE RECORD FOR REVIEW .. 27 IX . PREPARING AND FILING THE APPELLANT S BRIEF .. 28 A. TIME FOR FILING .. 28 B. FORMAT OF THE BRIEF .. 28 1. Technical Matters .. 28 2. Brief Cover .. 29 3. Points and Authorities .. 29 4. Nature of the Case .. 29 5. Jurisdictional Statement .. 29 6. Issue(s) Presented for Review .. 29 7. Statement of Facts .. 29 8. Standard of Review .. 30 9. Argument .. 30 10. Conclusion .. 30 11. Certificate of Compliance .. 30 12. Appendix .. 30 C. FILING AND SERVICE OF APPELLANT S BRIEF .. 31 D. REFERENCE TO PARTIES .. 31 E. RESEARCHING THE LAW FOR YOUR BRIEF (for pro se litigants) .. 31 1. Deciphering Legal Citations.
9 31 2. Finding the Law .. 32 F. EXTENSION OF TIME FOR FILING BRIEFS .. 33 vi X. PREPARING AND FILING THE APPELLEE S 34 A. APPEARING AS APPELLEE .. 34 B. CHECKING THE RECORD FOR COMPLETENESS .. 34 C. TIME FOR FILING .. 34 D. FORMAT OF THE BRIEF .. 35 1. Technical Matters .. 35 2. The Cover .. 35 3. Points and Authorities .. 35 4. Nature of the Case .. 35 5. Jurisdictional Statement .. 35 6. Statement of the Issues .. 35 7. Statement of Facts .. 35 8. Standard of Review .. 35 9. Argument .. 35 10. Conclusion .. 35 11. Certificate of Compliance .. 36 E. FILING AND SERVICE OF APPELLEE S BRIEF .. 36 XI. PREPARING AND FILING APPELLANT S REPLY BRIEF .. 36 A. TIME FOR FILING .. 36 B. FORMAT OF THE REPLY BRIEF .. 36 C. FILING AND SERVICE OF THE REPLY BRIEF .. 36 XII . ORAL ARGUMENT .. 36 A. COURTROOM 37 B.
10 THE CONTENT OF YOUR ARGUMENT .. 37 XIII. AFTER THE APPELLATE COURT ISSUES AN OPINION .. 38 A. PETITION FOR REHEARING .. 38 B. PETITION FOR LEAVE TO APPEAL .. 38 1. Format of the Petition .. 38 vii a. Technical Matters .. 39 b. The 39 c. Prayer for Leave to Appeal .. 39 d. Statement of Date Upon Which Judgment Was Entered .. 39 e. Points Relied Upon For Review .. 39 f. Remainder of Petition .. 39 2. Filing and Service of the Petition .. 39 3. Responding to the Petition .. 39 4. If the Petition is Granted .. 40 a. Notice of 40 b. Standing on Petition as Appellant s Brief .. 40 c. If You File an Appellant s Brief .. 40 d. Reply Brief .. 40 APPENDIX Clerks Offices ILLINOIS Supreme and APPELLATE Courts .. A-1 Timelines .. A-2 to 10 Exhibits 1 First Revision October 1, 1999 Second Revision April 30, 2011 I. WHAT THE APPELLATE COURT DOES The reasons for the rules of APPELLATE PROCEDURE are easier to understand if you have some idea how the APPELLATE court operates and what it can and cannot do for you.
