An “appeal” is a litigant’s request to a higher court for review of a lower court’s decision based on some purported error. Every final judgment in a civil case is appealable as of right, while only certain interlocutory orders (interim, non-final rulings during the litigation, such as injunctive relief or orders terminating parental rights) are appealable before final judgment is entered. Review of a circuit court’s ruling is generally made to the Appellate Court (Illinois’s intermediate court of appeal). Requests can also be made for review of the Appellate Court’s decision to the Supreme Court (Illinois’s highest court), which has discretion to hear the appeal—except in certain narrow circumstances where Supreme Court review is compulsory. In limited cases, initial appellate review can be made directly to the Illinois Supreme Court, bypassing the intermediate court of appeal.
When a case is reviewed by the intermediate court of appeal, it is assigned to a panel of three judges within the Illinois Appellate Court. The parties submit written briefs to the panel outlining the facts, law, and arguments relevant to the review. This generally consists of an opening brief from the appellant, a responsive brief from the appellee, and a reply brief from the appellant. The timing, format, and composition of these briefs are governed by Illinois Supreme Court Rules. Parties can also request oral argument, in which both sides (typically through counsel) directly interact with the appellate court panel by verbally clarifying their arguments and responding to questions from the panel. Appellate arguments are heard at the Court’s discretion. Appeals do not involve a new trial or the introduction of new evidence; they are based solely on the record in the original case, including evidence and transcripts from any trial or hearing.
A majority decision (two of the three-judge panel) is required for a ruling. A written opinion is rendered, with possible outcomes including affirmance of the lower court’s ruling, reversal of the lower court’s ruling, or remand, where the case is sent back to the lower court for further action or proceedings.
Jamie R. Fisher, Partner
For more information on Ms. Fisher, please visit:
https://beermannlaw.com/team/jamie-r-fisher/.
