Downers Grove Appeals Attorneys

In this article, our Downers Grove appeals attorneys discuss appealing court decisions in Illinois. In Illinois, cases are initially filed and heard in the county circuit courts.  These are also known as “trial courts” because the circuit courts are the level on which each side presents evidence and jury and bench trials are held in order to make findings of fact.  After final judgment is rendered in the trial court, or after certain types of orders have been entered by the trial court judge prior to final judgment, the parties can seek to appeal to the appellate court in order to have the circuit court’s order reversed.  The appellate court will review the record of the trial court along with briefs written by both parties and decide whether to reverse the trial court’s ruling, uphold it, or order some further action by the trial court.  If the appellate court reverses or upholds the trial court ruling, the losing party can then appeal to the Illinois Supreme Court.  

Throughout the course of a trial court proceeding, the court will issue several orders before issuing a final judgment.  The court may grant an injunction or dismiss certain claims against certain parties.  Not all of these orders are appealable.  Final judgments disposing of all claims as to all parties in the case are appealable.

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In this Learn About Law article, our Downers Grove appeals attorneys discuss how in Illinois, cases begin in one of the County circuit courts.  Judgments from the circuit court are appealable to the Illinois appellate courts.  The Illinois Supreme Court has discretion to hear appeals from the appellate courts. If you lose your case in an appellate court after appealing from the circuit court and you do not want to concede,  you have two options:

1. File a petition for rehearing with the appellate court; or
2. File a petition for leave to appeal with the Illinois Supreme Court.  

These options are not mutually exclusive.  They can be pursued at the same time, or you can pursue a petition for rehearing with the appellate court first, and later file a petition for leave to appeal with the Illinois Supreme Court if the petition for rehearing is denied.

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In this Learn About Law article, our Downers Grove appeals attorneys examine Illinois child custody appeals and the laws surrounding them. Because lawmakers want to provide permanence and stability to children in custody cases as quickly as possible, the Supreme Court Rules carve out an exception to the general rule that only orders adjudicating all claims in a case are appealable without a special finding of the trial court. Illinois Supreme Court Rule 306(b) states that orders relating to custody and parenting time are immediately appealable without a special finding by the trial court even if they are entered prior to other matters in the case, such as spousal maintenance and property division, are resolved.  However, this exception to the rule that a special finding is required to appeal an order that doesn’t resolve all claims is limited to final custody judgments, as opposed to temporary or interim orders. Orders modifying parenting time and responsibility are also immediately appealable. Although temporary child custody orders are not appealable as a matter of right, Supreme Court Rule 306(a)(5) provides that parties may petition the appellate court for leave to appeal temporary orders that affect the custody and care of children or the allocation of parental responsibilities.  This is an option that is not available for temporary orders in most other contexts.