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Civil and Criminal Appeals in DuPage County

Civil and criminal appeals allow litigants to challenge adverse rulings or decisions of the court, whether they’ve lost a decision in a child custody fight or been found guilty of a crime, for example. . Despite a verdict being rendered at the end of a trial, where there are issues as to the manner in which the verdict was obtained or the conduct of pre-trial and trial proceedings, a losing party may seek review and reversal by an appellate court.

What Are Civil & Criminal Appeals?

An appeal is a request for a the results of trial court proceedings to be reviewed so that a legal errors may not form the basis for an unjust result at trial. Only issues properly made of record in the trial court proceedings can be raised on appeal. The record of trial court proceedings consists of all documents and pleadings filed on the case and all transcripts of the proceedings as well as documents or objects that were considered as evidence during the trial court proceedings..

How Is an Appeal Started?

In order to pursue an appeal of a final decision that disposes of all the issues in a proceeding, the non-prevailing party must file a Notice of Appeal within 30 days of entry of the order or judgment from which the appeal is taken. Thereafter, the appellate court requires filing of a Docketing Statement, and will set a briefing schedule. The party presenting the appeal is called “the Appellant;” the party responding to the appeal is called “the Appellee.” Illinois appellate courts are allowing Oral Arguments more frequently, of late, however, an appeal must present compelling issues in order to merit an audience with a three-member panel of Appellate Court Justices.

How Does an Attorney Win an Appeal?

During the appellate process, an Appellant has an uphill battle, having already lost the war at the trial court level. Depending on the nature of the appeal, there are differing standards of review. In every instance, however, the Appellant must articulate a good faith basis for review of the lower court’s decision and set forth the legal bases for reversal and/or a new trial. An experienced appellate attorney can scour the record of the trial court proceedings, identify potentially meritorious issues, and develop a strategy for presentation to the appellate court.

Because the appellate process requires a thorough analysis of the entire trial court record, they are time-consuming and tedious, requiring a particular attention to detail and knowledge of the law and appellate process, legal research capabilities and persuasive writing abilities. Appellate practice is one of the more difficult areas of the law; Michelle L. Moore, Ltd. has handled dozens of appeals, with more than two decades of appellate practice experience.

If you or someone you know is interested in pursuing a civil or criminal appeal, contact The Law Office of Michelle L. Moore, Ltd. at 630.858.9800.