7Appellate Court Tour
- Nov 9, 2006
Let me start by saying how wonderfully informative and entertaining both speakers were. We were given a ton of information and I have tried to summarize it below. If any of you that attended have more to add, please feel free to do so. Or even if you weren't there, or if you have questions ... that's why this Group was started.
I had a friend who said, "There are things you know, there are things you don't know, and there are things you don't know you don't know." That's how I felt when Robert Mangan and Jeff Kaplan were talking to the group of us gathered in the courtroom at the 2nd District Appellate Court in Elgin. There was so much information shared that it brought up questions I didn't even know I had.
Timing: Notice of Appeal
The clock starts ticking once the Notice of Appeal is filed in Trial Court. The Notice of Appeal is then forwarded to the Appellate Court for review by their staff. If the same case/parties have been before the court on prior issues, it will be given to the same panel of judges that heard the previous appeal.
Hint: Once you are in the Appellate Court, use the appropriate Appellee/Appellant designations rather than Plaintiff/Defendant or Petitioner/Respondent.
There is a seldom-followed local Appellate Court Rule that the Trial Court is to file a status report 30 days after Notice of Appeal indicating the status of the preparation of the Record on Appeal, etc. Don't be surprised if the Appellate Court refers to this if there is a delay in obtaining the Record on Appeal.
Motions/Emergency and others:
Pursuant to Supreme Court Rule, motions for extensions are to be filed 14 days before due date, even emergency motions. The Appellate Court must wait 10 days after the motion is filed for a response from the opposing party.
Motions are granted or denied based on the pleading. Therefore, there is no "live " testimony and all motions must be accompanied by an affidavit.
Hint: If the motion is faxed or hand delivered to opposing counsel, the court only needs to wait 5 days.
Super Hint: To expedite even more, call the opposing counsel for agreement and include notation in the motion that there is no objection. The motion will be granted same day.
Briefs:PLEASE refer to Rules 341 & 342, which state:
- Jurisdictional Statement must include (1) date of judgment and (2) date of Notice of Appeal.
- Appendix must include:
- Notice of Appeal;
- Table of Contents for Record on Appeal (include detail of what each document contains and date filed); and
- Index to Report of Proceedings (i.e., each outline testimony, witness examination, cross-examination, etc.)
Anything included in a brief/appendix must be in the Record on Appeal. See, Supreme Court Rule 342(a)
New Page Limit: 50 pages, which includes points & authorities, but not the appendix. (Effective 9/1/2006)
Briefs must contain a Certificate of Compliance. The certificate of compliance must read, "I certify that this brief conforms to the requirements of Rules 341(a) and (b). The length of this brief, excluding the appendix, is ___ pages." (I learned the hard way that a Petition for Leave to Appeal filed with the Supreme Court must also contain the certificate.)
Suggested placement: After conclusion, before signature.
We've all seen the "Oral Argument Requested" notation on the bottom of the briefs. That, however, does not guarantee an oral argument, but is merely a request. However, an attorney can make a motion for Oral Argument (Supreme Court Rule 352), which will cause the court to look at that request more carefully and it is generally granted.
The panel of Judges is assigned in a random fashion when the Docketing Statement is received at the Appellate Court. Ever wonder how the panel is selected for each appeal? They are picked out of a shoebox!! Believe it, or not!!
Thanks to all who attended. We hope to have more functions of this type in the future. If anyone has any suggestions to topics, please let us know.