Copy of Video One- Civil Appeal Overview
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Welcome to a video series
by the Administrative Office of the Illinois Courts.
These short videos are aimed at helping self-represented litigants,
otherwise called people without lawyers, with civil appeals.
You should know that this video content
is for informational purposes only
and should not be considered legal advice.
You must speak with a lawyer if you need legal advice.
This is video #1 in our civil appeals series for the Illinois Appellate Court.
In this video, we will provide a basic overview of a civil appeal.
Keep watching for more information!
In this video, we will focus on providing a basic overview
of a civil appeal for self-represented litigants.
We’ll first define some terms
that you may hear when filing paperwork for your appeal.
Then, we’ll discuss what an appeal is
and what it is not.
We’ll also cover some important issues
you may want to consider before filing an appeal.
And finally, we’ll give you some contact information
for where to go for more information.
We want to take a moment to define some terms
that we will be using in this video
that may be unfamiliar to you.
If you are filing the appeal,
you are considered the appellant,
and that is true
no matter what side of the case you were on
in the circuit court;
for example, if you were the petitioner or the respondent.
The person responding to the appeal is the appellee.
The Record on Appeal is a circuit court case record
that the appellant will need to order from the circuit court.
Finally, if a court reporter was present during the circuit court case
or if your case was electronically recorded,
the appellant will need to order those transcripts.
This is a simplified overview
of the multiple steps involved in a civil appeal.
There are additional videos in this series that cover all of these topics.
Additionally, you can find more information
about the steps to complete an appeal on the Court’s website.
You may have just received an order or judgment
from your circuit court case that you don’t agree with
and now you’re wondering what, if any, steps you can take.
If you were a party in the circuit court case
you may be able to file an appeal.
You have the right to file an appeal with
or without the assistance of a lawyer.
Appeals are difficult and complex.
You should know that appeals are governed by strict deadlines
and your appeal must be timely filed.
Otherwise, you may forfeit your right to file an appeal.
You should also know that you’ll need to follow all rules and deadlines
just like those parties who have a lawyer.
There are many factors you should consider before filing an appeal.
So, now let’s discuss what is an appeal?
An appeal is a review by a higher court
of a lower court or administrative agency’s judgment or order
to determine if the lower court
made any legal errors in those proceedings.
Appeals are almost entirely done in writing
and most often
litigants do not appear in court.
Now, let’s discuss what an appeal is not.
It is not a new trial or a chance to present your case again
in front of a different judge.
It is not a chance to present
new evidence or witnesses.
The appellate court does not weigh the credibility
of witnesses at trial from your circuit court case.
And the appellate court does not
hear live testimony from witnesses.
Appeals are difficult.
The appellate court does not retry the case,
its role is to review the circuit court’s
judgment or order for legal errors.
As a result, the Record on Appeal
and transcripts are very important to the likelihood
of a successful appeal.
There are some factors that you may want to consider
before filing an appeal.
Deadlines and time commitments are important.
First, is your case appealable?
In general, you need to file a Notice of Appeal
no later than 30 days after your order
or judgment was entered.
Please note, there are some cases that have shorter
deadlines for filing your Notice of Appeal.
You’ll need to check the Illinois Supreme Court Rules
as it pertains to deadlines for your case.
Second, it will take many months
to complete your appeal.
This is because all parties must file the necessary
documents for the appeal and file briefs.
Then the court will need time to make its decision.
Finally, you should keep in mind that
you’ll need to devote significant time
toward conducting legal research to write your brief.
You will need to pay to file an appeal
or to respond to an appeal.
If you cannot afford to pay,
you will need to file a fee waiver application
with the appellate court.
And that is true even if you
have already filed and received
a fee waiver in the circuit court.
This table summarizes the costs
associated with filing a civil appeal
and who is responsible for paying those fees.
It is current as of 2020.
Finally, another important consideration
is conducting legal research.
In order to write your brief,
you’ll need to conduct legal research at a law library
or through an electronic legal research database service,
such as Lexis or Westlaw.
You can think of writing an appellate brief
as similar to writing a lengthy research paper.
There are specific Illinois Supreme Court Rules
that govern appellate briefs,
which you will need to strictly follow.
You can find those Rules on the Court’s website.
These resources may help you with your appeal.
The Civil Appeals Self-Help website
has many resources for you to review, including:
Comprehensive appellate guides and overviews
that help explain procedures and rules;
A detailed frequently asked questions guide
that discusses all stages of an appeal;
and step-by-step E-filing guides
to help you file your appeal.
You can also find the appellate clerk’s contact information
and all of the forms that you’ll need to complete
your appeal on the court’s website.
Here is the contact information for the
Appellate Resource Program
at the Administrative Office of the Illinois Courts.
Please feel free to contact our office
for more information.
Thank you for watching and stay tuned
for additional videos on civil appeals
for people without lawyers.