On Feb. 4, 2022, the First District of the Illinois Appellate Court held that successive postjudgment motions do not toll time for filing a notice of appeal.
On Dec. 22, 2020, the First District of the Illinois Appellate Court dismissed an appeal as untimely, holding that a postjudgment motion substantively attacking the complaint instead of the judgment lacks tolling power for appeals purposes.
A judgment is entered as to part of your case, but other matters still remain. Can you appeal? The answer is "yes" under Illinois Supreme Court Rule 304(a), but only if you follow the guidelines.
On February 26, 2018, the first district appellate court remanded, with direction, a case to the trial court to give proper admonishments regarding perfecting an appeal, and to allow the defendant the opportunity to file proper post-plea motions, per Rule 605(c).
Illinois has a process for appealing some issues while litigation is still underway at trial. In Illinois, most requirements for interlocutory appeal are laid out in Illinois Supreme Court Rules 306, 307, and 308. Here's a step-by-step overview.
The appellate process in section 11 of the Illinois Public Labor Relations Act is amended to reflect that the filing of an appeal to the Appellate Court does not automatically stay the enforcement of the Board's order.
The supreme court receives thousands of petitions every year from unsuccessful appellate litigants, but it hears only a few. Here's how to increase the odds that yours will be one.
On November 4, 2015, the Supreme Court of Illinois held that the attorney certificate required by Illinois Supreme Court Rule 604(d) does not have to be filed at or prior to a defendant's postplea motion.
Criminal defense lawyers who appeal judgments entered after guilty pleas must certify that they have consulted their client about claims of error in both the guilty plea and sentence.
On January 23, 2015, the Illinois Supreme Court held that an oral ruling on a post-trial motion is not a final judgment for purposes of calculating the 30-day time limit for appeal. Instead, the final judgment was the law record entry made several weeks later.
The supreme court rule change allowing interlocutory appeals remedies "a systemic problem for both prosecutors and defendants for decades," a commentator says.
On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.
The ninth circuit joins the seventh in ruling that an immigrant who is denied the right to counsel in removal proceedings need not show prejudice to successfully appeal that denial.
Convincing the seventh circuit or the Illinois Supreme Court to grant leave to file an amicusbrief is hard and getting harder. Here's how to maximize your chances.
District courts must decide whether prisoners have properly exhausted their administrative remedies before allowing their cases to proceed to the merits.
It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
Appellants often discover too late - and to their horror - that an appeal bond must be filed the same day the notice of appeal is due. Here's how the mysterious appeal-bond process works.
