Criminal Appeals Attorney ● Practicing Since 1978
It could take more than one year. It could take as little as five months. Let's assume that the circuit court filed its written decision on all remaining issues in In re Marriage of John & Jane Doe on January 2. John and Jane have 30 days, until February 1 (or the next business day if February 1 isn't a business day -- most deadlines work like that) to file a post-judgment motion or a notice of appeal.
The deadline for the circuit clerk to file the record on appeal is 63 days after the notice of appeal is filed. If John's notice of appeal was filed February 1, the record is due April 5.
John's appellants brief is due 35 days after the filing of the record on appeal. Now we're up to May 10. Then Jane has 35 days to file her appellee's brief. That's June 14. Then John can file a reply brief within 14 days. That's June 28.
These due dates can be extended. Sometimes busy court reporters can't finish transcripts in time. Some attorneys who dislike appeals take a lot of extensions. We don't like extensions in this office. When we take an extension, it is because the client needs it. It's hard enough on our clients being in court; let's get it over with.
It is harder to predict when the appellate court will schedule oral argument. The court may schedule oral arguments early in each month, for the following month. Many judges take vacations in August, and some courts do not listen to oral arguments in August. So in John and Jane's case we may have to wait until September for oral argument.
The appellate court won't announce its decision at oral argument. It eventually mails its decision. Some judges are faster than others at writing decisions. In our example a decision by Thanksgiving would be fast, January would be about average, and May would not be a great surprise.
Some appellate courts put some cases on rushed schedules and hurry them along. Appeals involving child custody have their own special rule and should take 150 days.
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1602 Vandalia Street
Collinsville, IL 62234-4459
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