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

How do I request a change of venue in an appeal?
What is the difference between a discretionary and a non-discretionary appeal?
What is the process for filing a motion for reconsideration of an appellate court’s decision?
What is the procedure for filing a petition for writ of certiorari?
What is the appellate court’s jurisdiction over a case?
What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion to suppress evidence?
What is the difference between a direct appeal and a writ of habeas corpus?
What is the standard of review for an appellate court’s decision on an interlocutory order?
How does an appellate court evaluate a trial court’s legal errors?
What evidence is available to support an appeal?

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