What is the process for obtaining an appellate court review of a trial court’s decision?

The process for obtaining an appellate court review of a trial court’s decision in Illinois starts in the trial court. The party wishing to appeal must file a notice of appeal in the trial court within 30 days of the trial court’s final judgment. The notice of appeal must state the issue that the party is appealing, the court to which the appeal is being taken, and the reasons why the party thinks the court should reverse the trial court’s decision. Once the notice of appeal is filed, the trial court will then issue a certificate of appealability. This certificate will allow the appeal to go forward to the appellate court. In some cases, the parties have the option to bypass the trial court and take their appeal directly to the appellate court. The next step is for the appellate court clerk to certify the record from the trial court. This includes the pleadings, briefs, transcripts of testimony, and other documents that were part of the trial court proceedings. This record gives the appellate court an overview of what happened in the trial court. Finally, the appellate court will set a date for the parties to present oral arguments. During the oral arguments, each party will have the opportunity to present their side of the case to the appellate court. The appellate court will then determine if the trial court’s decision should be reversed or affirmed.

Related FAQs

What is the difference between an appeal and a writ of certiorari?
What is the standard of review for an appellate court’s decision on a motion to dismiss?
How do I obtain an appellate court transcript?
Are appellate court decisions binding on lower courts?
What is the difference between a civil and criminal appeal?
What is the appellate court’s role in interpreting statutes?
What is the process for obtaining an appellate court’s review of a jury verdict?
What is the scope of review for an appellate court?
What happens after a decision is rendered by an appellate court?
What is the appellate court's jurisdiction over a given case?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023