******* Trial court: -- Respond to appeals court order, and direct inquiries about record to trial court, cf: Intervention, Fee Waiver, and prep Record on Appeal. ******* Appeals Court: -- Motion for reconsideration/clarification on denial of motion to issue writ of mandamus to trial court: 1-18-0091 -- Motion for Summary Judgment: 1-18-0572 (appeal of judge Flannery's order) ******* Supreme Court: -- Rule 383. Motions for Supervisory Orders. (Brush up on brief requirements, page #, margins, etc.) ** Rule 341. Briefs [Electronically filed briefs shall be considered the official original, but file 13 paper copies with Supreme Court's stamp after electronic filing.] ** 8.5" x 11" double-spaced (except headings, quotations, footnotes), and pages numbered on bottom margin, black text on white paper, margins 1.5" left, and 1.0" on other 3 sides, with 12-point font or larger. ** Page or Word limits: This limitation excludes pages and words contained in the Rule 341(d) cover, the Rule 341(h)(1) statement of points and authorities, the Rule 341(c) certificate of compliance, the certificate of service, and those matters to be appended to the brief under Rule 342(a). ** Covers. The cover of the brief shall contain: the number of the case in the reviewing court and the name of that court; the name of the court or administrative agency from which the case was brought; the name of the case as it appeared in the lower tribunal, except that the status of each party in the reviewing court shall also be indicated (e.g., plaintiff-appellant); the name of the trial judge entering the judgment to be reviewed; and the individual names and addresses of the attorneys and their law firm (or of the party if the party has no attorney) filing the brief shall also be stated. ** In the brief the parties shall be referred to as in the trial court, eg, plaintiff & defendant, omitting the words appellant & appellee & petitioner & respondent, or by using actual names or descriptive terms such as “the employee,” “the injured person,” “the taxpayer,” “the railroad,” etc. Contents: *_0-*CoverPage--style of case with my name, address, etc. *_0a-*---Prayer for relief pursuant to Rule 383 "Motions for Supervisory Orders," for cases in which a 'final' order has not been entered, and a PLA does not apply. *_1-*“Points and Authorities,” of the points argued and the authorities cited in the Argument. *_2-* An introductory paragraph stating (i) the nature of the action and of the judgment appealed from and whether the judgment is based upon the verdict of a jury, and (ii) whether any question is raised on the pleadings and, if so, the nature of the question. *******_3-*A statement of the issue or issues presented for review, without detail or citation of authorities. [[The appellant must include a concise statement of the applicable standard of review for each issue, with citation to authority, either in the discussion of the issue in the argument or under a separate heading placed before the discussion in the argument.]] *******_4-*A statement of jurisdiction: *******_5-*Statement of Facts *******_6-*Argument *******_7-*A short conclusion stating the precise relief sought, followed by the names of counsel as on the cover.--AS ON THE COVER PAGE. *******_7a-*Verification by Certification *******_8-*An appendix as required by Rule 342 [or, as the trial court won't prepare the record, instead: INDEX TO THE EXHIBITS & Exhibits] 9-*Proposed Order 9a-*Certificate of Compliance 10-*Notice of Filing, Service List, Certificate of Service Rule 342. Appendix to the Brief a table of contents to the appendix the judgment appealed from other important documents Rule 383. Motions for Supervisory Orders (a) A motion requesting the exercise of the Supreme Court’s supervisory authority shall be supported by explanatory suggestions and shall contain or have attached to it the lower court records or other pertinent material that will fully present the issues, authenticated as required by Rule 328. (b) The motion, explanatory suggestions, and all supporting documents must be served upon the other parties, including the nominal party or parties, and proof of service filed at the time the motion is filed. NOTE: Page and Word limit NOT given in RULE 383 for "Motions for Supervisory Orders" or for ANY motions or briefs, but PLA limits are now: "The petition [PLA] shall otherwise be prepared, served, and filed in accordance with the requirements for briefs as set forth in Rules 341 through 343, except that it shall be limited to 20 pages, or, alternatively, 6,000 words, excluding only the appendix." "requirement may be so onerous that it creates an artificial barrier to appeal, forcing a party to settle a case or declare bankruptcy." Rule 328. Supporting Record Any party seeking relief from the reviewing court before the record on appeal is filed shall file an with his or her application or petition with an appropriate supporting record containing enough of the trial court record to show an appealable order or judgment, a timely filed and served notice of appeal (if required for appellate jurisdiction), and any other matter necessary to the application made. The supporting record must be authenticated by the certificate of the clerk of the trial court or by the affidavit of the attorney or party filing it. -------IMPORTANT------- RULE 341(c) [in PLA template] (c) Certificate of Compliance. The attorney or self-represented litigant shall submit with the brief his or her signed certification that the brief complies with the form and length requirements of paragraphs (a) and (b) of this rule, as follows: "I certify that this brief conforms to the requirements of Rules 341(a) and (b). The length of this brief, excluding the pages or words contained in the Rule 341(d) cover, the Rule 341(h)(1) statement of points and authorities, the Rule 341(c) certificate of compliance, the certificate of service, and those matters to be appended to the brief under Rule 342(a), is ___ pages or words." Rule 315. Leave to Appeal From the Appellate Court to the Supreme Court but: Rule 315(d) says differently, excluding only the appending, and not the other things. (d) Format; Service; Filing. The petition shall otherwise be prepared, served, and filed in accordance with the requirements for briefs as set forth in Rules 341 through 343, except that it shall be limited to 20 pages, or, alternatively, 6,000 words, excluding only the appendix." Three (3) questions: 1---Which rule governs for PLA's. 2---What rule governs for Motions for Supervisory Orders re page/word length? (Or for that matter, ANY motion?) 3---WHERE in Rule 315 does it require the order appealed to be "final"?? (It suggests that INTERLOCUTORY appeals may be made: RULE 315(a), in part: "The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of reasons which will be considered: the general importance of the question presented; the existence of a conflict between the decision sought to be reviewed and a decision of the Supreme Court, or of another division of the Appellate Court; the need for the exercise of the Supreme Court’s supervisory authority; and the final or interlocutory character of the judgment sought to be reviewed." Important $$ IL Supreme Court $$ Waiver protocol: ** "Affidavit of Assets and Liabilities" ** "Motion to Proceed in Forma Pauperis" ** proof of service, ** proposed draft order