Interlocutory Appeals

• Author: Jennifer Duncan-Brice
• Pages: 717-728

17-1

inTeRLOCuTORY aPPeaLs

Chapter 17

INTERLOCUTORY APPEALS

QUICK VIEW

Definition: An interlocutory appeal is an appeal from an order that is not a final order. The appeal is permitted

because the Illinois Supreme Court or the Legislature has decided that it presents issues that are better addressed

immediately, rather than waiting to the end of the case.

Scope of Chapter: The chapter discuss under what circumstances the interlocutory appeal is allowed and the

procedure to obtain an interlocutory appeal. It also covers appeals of final orders that do not dispose of the entire

case and certification of questions by the trial court to the appellate court.

Rules: Supreme Court Rules 304, 306, 307, 308, and 735 ILCS 110/1 et seq.

TABLE OF CONTENTS

I. Interlocutory Appeals in General

§17:01 Definition

§17:02 Two Categories of Interlocutory Appeals

II. Interlocutory Appeals by Permission (SCR 306)

A. Orders Appealable With Permission

§17:10 New Trial

§17:11 Forum Non Conveniens

§17:12 Personal Jurisdiction

§17:13 Venue

§17:14 Custody and Care of Minors

§17:15 Circuit Court Review of Administrative Agencies

§17:16 Attorney Disqualified

§17:17 Class Action

§17:18 Citizen Participation Act, 735 ILCS 110/1 et seq.

B. Procedure

1. ALL ORDERS EXCEPT THOSE INVOLVING CARE OF UNEMANCIPATED MINORS

a. Seeking Leave

§17:30 Petition

§17:31 Appendix to Petition; Abstract

§17:32 Answer

§17:33 Extensions of Time

b. If Leave Is Granted

§17:40 Stay; Notice of Allowance; Bond