Legal Question in Appeals and Writs in Illinois

small claims pro se lawsuit

1. What are the directions for filing a 'bi standard' report?

2. Do you have any extra information in filing an appeal?

3. What is needed to be done for a ''Motion to Reconsider''?


Asked on 9/07/07, 11:08 am

1 Answer from Attorneys

Noelle Ansley Noelle Ansley

Re: small claims pro se lawsuit

You're looking for more information than can be properly addressed in this forum. What does "extra information in filing an appeal" mean? The appellate process is not something that can be explained in a few sentences, you need to ask more specific questions about that.

Assuming you've had a judge make a ruling that you feel is not supported by existing law, you can file a motion to reconsider. In such a motion, you tactfully and thoroughly explain to the judge 1.) the relevant facts of the case, 2.) the ruling he/she issued and why, and 3.) why that ruling is incorrect based on IL law, which you will need to site in order to convince the judge to change the ruling. It's brought just like any other motion. At the hearing on it, you might want to arrange to have a court reporter there so that you have a transcript as part of the record on appeal, assuming the judge does not change his/her mind and you end up appealing the decision.

Bear in mind that you won't get very far with a motion to reconsider or an appeal if it's simply a matter of you being displeased with the results of a hearing. A motion to reconsider and/or appeals are means of addressing a situation where a judge's ruling is not a correct interpretation of the law -- you don't get a second bite at the apple if you failed to make your case properly or didn't like the outcome. If you haven't already done so, spend some time in your local law library finding out what the laws are that apply to your situation.

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Answered on 9/07/07, 11:24 am


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