Three paperback books in my office are dog-eared from being used every day. One is the Illinois Court Rules and Procedure. The other two are the Federal Civil Judicial Procedure and Rules, and its brother, the Federal Criminal Code and Rules. These books contain the general rules for appeals, both civil and criminal, in the federal and Illinois state judicial systems.
These three books change all the time. A revised edition comes out at least once a year. Between annual editions, revisions come out as supplements that have two-sided tape in them so they can be stuck in the backs of the annual editions.
When I represent a client in an appeal to the Illinois Appellate Court, I read the Illinois Supreme Court Rules governing civil appeals, which are Rules 301-400. If the appeal involves a criminal, post-conviction or juvenile-court matter, I must also check those rules, which are 601-700. The Supreme Court rules are on-line at the Illinois Courts website, www.state.il.us/court, under the drop-down menu for documents.
When I represent a client in an appeal to a United States Court of Appeals, I go to the Federal Rules of Appellate Procedure. Those rules are in both of the federal books, and so are the rules of the United States Supreme Court. The Rules of Appellate Procedure are also available on-line, on the website of each United States Court of Appeals. For example, the Seventh Circuit’s website is www.ca7.uscourts.gov. While you’re there, for fun, click on the photos at the top. They’re links.
In addition to the Federal Rules of Appellate Procedure, which apply to all of the courts of appeals, each federal circuit has its own rules, called local rules. Again, each court of appeals posts its local rules on-line at its website. The Illinois Appellate Court has five districts, and they too have local rules, which are on-line at the Illinois Courts website, right next to the Illinois Supreme Court Rules.
Here’s an example. The main part of any appeal is the briefs. How do you write a brief? Illinois Supreme Court Rule 341 and Federal Rules of Appellate Procedure 28 are both called “Briefs.” They’re like roadmaps. I check one or the other every time I write a brief. It’s a good start.
