Illinois Appellate Motion

State:
Illinois
Control #:
IL-SKU-3304
Format:
PDF
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Description

appellate Motion

Illinois Appellate Motion is a legal procedure that allows parties to bring an issue to the attention of an appellate court for review. This motion can be used to challenge a lower court’s ruling, or to seek review of a lower court’s decision. The types of Illinois Appellate Motion include: Motion to Dismiss, Motion to Transfer and Motion to Reconsider. Motion to Dismiss is used to challenge the jurisdiction of the lower court, or to argue that there are no genuine issues of material fact. Motion to Transfer is used to move the case to another court. Motion to Reconsider is used to challenge the lower court’s ruling or decision. All motions must be filed in the Illinois Appellate Court.

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FAQ

1. File a notice of appeal with the clerk of the circuit court. 2. Contact the circuit court clerk to request preparation of the record on appeal, and to confirm and pay any related fees.

Affirm (uphold) the lower court's judgment, Reverse the lower court's judgment entirely and remand (return) the case to the lower court for a new trial, or. Affirm in part and reverse in part the lower court's judgment and remand the case to the lower court to correct an issue (the part the appellate court reversed).

The process of obtaining information during the legal process is referred to as ?discovery?. Each party is required to respond truthfully and completely to written and oral discovery requests. If financial issues are involved in your case, you must comply with Local Court Rule 4-3.02.

Article analyzes the Illinois Supreme Court amendment of Illinois Supreme Court Rule 23(e) to permit citation to unpublished opinions of the Illinois appellate courts as persuasive authority, effective as of January 1.

Rule 307(a): To appeal an order listed in Rule 307(a) (such as a termination of parental rights), you must file your Notice of Appeal within 30 days after the trial court enters the order. To appeal an order that was entered without notice to you, you must first file a Motion to Vacate the order in the trial court.

By this amendment, Rule 23 creates a presumption against disposing of Appellate Court cases by full, published opinions and authorizes a third type of disposition by summary order in select circumstances. The concept of the traditional "Rule 23 order" remains, but conciseness is encouraged.

The appellant's brief must contain the following parts in order: Table of contents. Introductory paragraph. Issue presented for review. Jurisdiction. Statutes involved. Statement of facts. Argument. Conclusion.

Under Rule 341(b), the Appellant's Brief must be no more than 50 pages (or alternatively, no more than 15,000 words), not including certain sections. It must be in the form specified in Rule 341(a), and must include a proof of service on the other party and a certificate of compliance with Rules 341(a) and (b).

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Illinois Appellate Motion