Interlocutory Appeals

• Author: Jennifer Duncan-Brice
• Pages: 811-828

17-1 (Rev. 12, 9/16)

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

ILLINO IS PRE TRIAL PRACTICE 17-2

§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

§17:41 Additional Record

§17:42 Briefs

2. ORDERS INVOLVING UNEMANCIPATED MINORS

§17:50 Petition

§17:51 Supporting Record

§17:52 Filing and Service

§17:53 Legal Memoranda

§17:54 Replies; Extensions of Time

§17:55 Variations by Order of Court

§17:56 If Leave Is Granted

III. Interlocutory Appeals by Right (SCR 307)

A. Orders Appealable by Right

§17:70 Rationale

§17:71 Injunctions

§17:72 Receivers and Sequestrators

§17:73 Mortgage Possession

§17:74 Parental Rights

§17:75 Eminent Domain

B. Procedure

§17:80 General Filing Requirements

§17:81 Briefs and Abstract

§17:82 Order Entered on Ex Parte Application

C. Expedited Procedure for Temporary Restraining Orders

§17:90 Petition

§17:91 Supporting Record

§17:92 Filing Deadline

§17:93 Legal Memoranda

§17:94 Time for Decision

§17:95 Schedule Variations

§17:96 Expedited TRO Procedure Justified

IV. Certified Questions (SCR 308)

§17:110 Purpose

§17:111 How Sought

§17:112 Application

§17:113 Answer