Legal Question in Landlord & Tenant Law in Illinois

Can I cite previous caselaw from other states if my court case is in Illinois? I am working Pro Se.


Asked on 5/24/12, 2:50 pm

1 Answer from Attorneys

Generally, local case law controls, and sometimes case law from the appellate court in the district where the circuit court is located. Case law from out of state is usually not relied upon if there is local case law. And circuit courts are bound by local case law if any exist. Appellate courts may resort to out of state cases in what we call cases of "first impression" meaning nothing like it has ever been presented for a court to decide on. This is where knowing how to research local law becomes extremely important. So you can try it but unless it is a case of "first impression" a circuit court will most likely not be persuaded. A local court will more likely analogize something "new" here to something similar here first.

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Answered on 5/24/12, 7:44 pm


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