Appeals
The litigant who received the unfavorable ruling has a right to have that ruling examined by a three-judge court of review.
A party may wish to appeal his or her case for one of many reasons. A trial judge may have made a critical error during the court proceedings, or the party may be dissatisfied with the final ruling. Regardless of the reason, a litigant has the option to consult an appeals lawyer and pursue an additional review of their case. In Illinois, an appeal goes to a three-judge court.
What Evidence Do Appellate Courts Consider?
No new information is permitted in the appeal process. This means that appellate courts can only consider testimony, pleadings, and exhibits presented by either party during the initial trial. This is why having a meticulous Illinois appeals lawyer on your side is crucial. A representative from Schiller DuCanto & Fleck can compile all the necessary documents to either support or dispute the ruling, depending on the client’s role in the appeal.
When Can You File for an Appeal?
Typically, an appeal must follow the final judgment. However, some exceptions apply to this rule in certain situations. For example, either party may appeal a child custody judgment before the court enters a final ruling on issues of property division or maintenance. Other examples include rulings that do the following:
- Involve disobedience of a court order
- Involve premarital or post-marital agreement enforcement
- Forbid a party from taking a specific action
- Address visitation, custody, or other parentage concerns
What Should You Expect?
Once a party files an appeal, the opposite party receives a notice. In some cases, a formal court appearance is required. However, in many instances, the appellate court evaluates a decision based on written briefs from the appellant party. Legal authority must back these briefs. The appellate courts typically issue a decision in two to six months.
The appellate team at Schiller DuCanto & Fleck has over 40 years of combined appellate experience. They have handled hundreds of appeals and appeared before every Illinois state and federal reviewing court. Our appeals lawyers in Illinois offer support and authoritative experience in each case we take on. Contact us today for a consultation.
