What are the grounds for appealing a magistrate judge’s decision?
In Illinois, the grounds for appealing a magistrate judge’s decision are found in the Appellate Court Rules and the Illinois Supreme Court Rules. These rules state that a party may appeal an order or judgment of a magistrate judge if it appears that the order or judgement was based on an error of law, or if the court misapprehended the evidence or failed to consider material evidence. Additionally, a party may appeal the decision of a magistrate judge if they believe that the decision was arbitrary, or if the decision was not supported by substantial evidence. In some cases, a party may appeal if they believe that the decision was contrary to public policy. In order to make an appeal, the party filing the appeal must file an appeal brief with the Appellate Court. In the appeal brief, the party must explain which of the above grounds they believe the magistrate judge violated, and they must provide any relevant case law or evidence in support of their argument. The Appellate Court will then review the brief and consider whether to hear oral arguments. If the court finds sufficient grounds for an appeal, they may reverse the magistrate judge’s decision and enter a new order or judgement.
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