News and Resources

The Illinois Supreme Court’s basic procedural holding in this case is that the mailbox rule applies to documents commencing an action for judicial review of the Illinois Workers’ Compensation Commission’s denial of benefits under the Workers’ Compensation Act. But perhaps the more interesting appellate procedure aspect of the case is […]

Thirty days after the trial court dismissed the amended complaint, the plaintiff e-filed its motion to reconsider. The plaintiff filed a paper copy of the motion about 30 days after that, and the trial court heard and denied it the same day. The plaintiff then e-filed its notice of appeal […]

The circuit court dismissed an incarcerated criminal defendant’s petition for relief from judgment under 735 ILCS 5/2-1401 and denied his motion for reconsideration. The defendant filed a notice of appeal, which was file-stamped on December 21, 2011 (a few days past the 30-day appeal deadline). The defendant included a notarized […]

In a class action involving alleged violation of the federal Telephone Consumer Protection Act of 1991, the appellate court held that the decision regarding class certification is within the discretion of the trial court and will not be disturbed on appeal unless the trial court abused its discretion or applied […]

The plaintiff filed a complaint alleging negligence and later moved for voluntary dismissal pursuant to §2-1009 of the Code of Civil Procedure. A year later, the plaintiff filed a “motion to refile” the action. The defendant filed a “motion to dismiss” the “motion to refile” and the court granted the […]