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Illinois Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Divorce, Contracts and Appeals / Appellate Law for Illinois on
Q: What can opposing party do to fight back a Volunteer dismissal of a divorce agreement?

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they w

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jan 22, 2018

The only thing you could have done to prevent your spouse from voluntarily dismissing your case was to file a counter-petition for dissolution before he/she filed the motion to dismiss. If it is dismissed, you can file a new case. I don't know what county you are in, but in Cook and DuPage... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Appeals / Appellate Law for Illinois on
Q: Can a separation agreement be volunteer dismissed If one spouse disagree? Submitted to attorney/Judge

Was given to Attorney and discuss in chamber with all Attorney and Judge. Affidavit and discovery was discussed. Was asking for support got temporary support. Judge still didn't rule. Now they want to volunteer dismiss the separation agreement.

James G. Ahlberg
James G. Ahlberg
answered on Jan 19, 2018

A separation agreement doesn't get dismissed, since it is not a complaint or petition serving as the basis for the case. It is an agreement intended to move an existing case (which could be dismissed under the right circumstances) toward a conclusion. A separation agreement can be withdrawn if... Read more »

1 Answer | Asked in Divorce, Appeals / Appellate Law, Civil Litigation and Civil Rights for Illinois on
Q: separation agreement was discuss in chambers . With Affidavit and discovery. Can plaintiff volunteer dismiss

Spouse filed for divorce. Shortly after we filed a separation agreement that was given to his Attorney. After affidavit and discovery and spouse caught in a lie in his response. They first wanted me to not bring our separation agreement that I paid for. And filed it with Court. Court made me... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Jan 19, 2018

If I've got it straight, your question is whether a plaintiff can voluntarily dismiss her case. As a general rule, yes.

2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Illinois on
Q: Can my court supervision be revoked if it is already done and paid for?

I got a speeding ticket back in july or august and was able to get supervision. I then rear ended someone in october and am now going to court for that. My court supervision was paid and over with on December 13, for my speeding ticket. Can my court supervision, for my previous ticket, be revoked... Read more »

Juan Ooink
Juan Ooink
answered on Jan 9, 2018

If the term of the Supervision has passed it cannot be revoked.

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1 Answer | Asked in Appeals / Appellate Law and DUI / DWI for Illinois on
Q: My brother was just sentenced to 9 yrs on 11/7/17 for a class 2 felony dui with methamphetamines found ? Appeal ?

Stark County Illinois. The urine was taken without permission but the judge allowed it. My brother is now a disabled person by the state of Illinois and cannot walk. My brother was said to have crossed the line, my brother cannot remember a thing from the night 11/9/15. The woman who lost her life... Read more »

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on Nov 8, 2017

I would be looking for a DUI lawyer in Peoria but if you expect to retain a private attorney on a complicated case such as this one, you must be prepared for him or her to request a substantial retainer.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Illinois on
Q: How do I go bout helping someone get their sentenced reduced from 75 year after serving 24 years.
Cheryl Powell
Cheryl Powell
answered on Nov 5, 2017

Wow, that is a big one. Talk to an appellate lawyer.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: How long does it take for an appeal to go through?
Brian Lehman
Brian Lehman
answered on Aug 8, 2017

You did not specify the court, so I'll assume that you mean the Illinois Supreme Court. Here is a good article: https://www.law360.com/articles/753921/the-illinois-supreme-court-in-2015-a-statistical-analysis

It states:

"Average time under submission for non-unanimous...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Illinois on
Q: I live in illinois and have to write a appeal myself in order to fight a case I'm not guilty for theift. Need a example.

Is there somewhere that has a copy of one and tells me what to fill in where

Cheryl Powell
Cheryl Powell
answered on Jun 1, 2017

Talk to the state appellatw defenser amd find out what u have to do to get them to represent u, without charge.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: The opposing party cross-appealed after I filed my appeal. What does that mean?
Glenn B. Manishin
Glenn B. Manishin
answered on May 3, 2017

It means they are appealing issues decided against them as well.

2 Answers | Asked in Adoption, Appeals / Appellate Law, Child Custody and Family Law for Illinois on
Q: My cousin has just been alerted that he has two days to appeal for custody of his children. What can he do?

My cousin and his wife are separated and they had joint custody of their children. And while they were in the care of their mother her new boyfriend abused them. Now they are trying to take the children from both the mother and father (my cousin, even though he has done nothing wrong) and give... Read more »

Cheryl Powell
Cheryl Powell
answered on Apr 11, 2017

He needs to hire a lawyer asap.

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1 Answer | Asked in Insurance Defense, Traffic Tickets and Appeals / Appellate Law for Illinois on
Q: I received a no insurance ticket and I had insurance when is court date set?

The ticketing officer said no court was required and the ticket I received didn't have a court date it happened on 12-16-11 and a collection agency is wanting money from me when I had insurance the paper they sent me when I disputed the collection claim showing my ticket but the tick I... Read more »

Brandon K. Davis
PREMIUM
Brandon K. Davis
answered on Apr 9, 2017

Because you were insured at the time, you should obtain proof of insurance from the date of the ticket by calling your insurance company. A motion should be filed to bring the case back in front of a judge to show proof of compliance and ask that the ticket be dismissed. An attorney can assist you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Public Benefits for Illinois on
Q: How can I appeal this decision for denial of unemployment
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

At the bottom of your denial it should say how many days you have to file an appeal, where you send it and other details.

There should be legal aid in your county that can give you basic advice.Ask them if there is a local unemployement project--they can also be a good source.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: Who can a prisoner write to appeal a verdict in LaSalle County, IL?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

The prisoner needs an appellate attorney.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: How long does it take to get an inmate out on an appellate bond?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

That depends upon a number of factors, and you gave none.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: In Illinois civil appellate court, how many copies of the briefs must be filed?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

did you ask the clerk? do you have access to the rules of appellate procedure in your state?

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: Do i require an attorney if i amended a ticket requesting supervision for no insurance

Went to court but got my supervision revoked

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 22, 2015

This was asked over a year ago, and I cannot understand the question.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: my attorney wont take my case to court, i have reached mmi 3yrs ago, I believe he is stalling to increase his pay, as I

have won all appeals, now he wants 35% instead of contract of 20% Can he get that?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Read the contract.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: How long does it take for federal courts to make a decision?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Years in many circumstances.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: Unusual question. Can an appeals attorney represent me as a criminal attorney? Rcv'd referral

Rcv'd a referral, hired, he got my son out on bond, waiting for 1st court date. Just found out he is an appeals attorney. Do I keep or do I find a criminal attorney.

Confused. Thank you in advance for your time.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

Many criminal defense attorneys also do appellate work. I do. So, speak with the attorney about this.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: Why if I'm appealing an Admin Review Decision to the Circuit Court in Illinois, is Case Management being implemented?
Timothy J. Deffet
Timothy J. Deffet
answered on Dec 7, 2012

It is a bad idea for a non attorney to do this in my opinion. Alot of traps for the unwary, even for experienced attorneys, regarding appeals. This is not something that can be easily answered in an online post.

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