NCJ Number
142113
Journal
Illinois Bar Journal Volume: 81 Issue: 4 Dated: (April 1993) Pages: 190-193
Date Published
1993
Length
4 pages
Annotation
This analysis of United States Supreme Court Rule 308 and the Illinois rule on the same subject concludes that a liberalized interpretation of the question of law raised on interlocutory appeals is needed so that the appeal will not become a meaningless effort.
Abstract
Currently, appellate courts often refuse to consider any question of law except that specifically certified by the trial judge. In some cases, this results in an answer to a question that does not dispose of the case on appeal as it should have. However, it is difficult or even impossible to state any issue of law so simply that one or two sentences cover all implications and shades of meaning. In addition, both parties and the trial judge rarely agree on what the precise question of law is. Finally, the fuller attention and thought given the question on appeal often reveals complications inherent in the question that were not discussed or debated in the trial approach. Therefore, Illinois courts should require a statement of a specific question of law and should also consider any subsidiary or necessarily included questions to avoid either an excessively narrow approach or a consideration of questions not contemplated by the trial court's certification of the order. Footnotes