CBA Record November 2015

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30 NOVEMBER 2015
limited to the certified question, although
the court has the power to decide other
issues. As in other interlocutory appeals, a
supporting record is needed.
Rules 381 and 383
Finally, Supreme Court review of an issue
in the trial court or appellate court can
be decided either by Rule 381 or 383. If
a party seeks mandamus under Rule 383,
it must be as to an issue that is a matter
of law, and the judge entering the order
must have had no discretion in making
the ruling. Supervisory orders are more
common–although they may be directed
to the trial court, they are mostly used
where the Supreme Court is directing the
appellate court to consider for the first time
either appeals from Rule 306 or 308, or to
reconsider one of their opinions in light of
changed precedent.
Under Rule 383, a party must file a
motion for leave to file a complaint with
explanatory suggestions and a supporting
record. The judge must be listed as a nomi-
nal party. The response time is 7 days after
personal or facsimile service or 14 days after
delivery of the motion to a third party com-
mercial carrier or by mail. If the complaint
for mandamus is allowed, then briefs may
be filed according to an order of the Court.
Rule 383 motions also require explana-
tory suggestions and a supporting record.
The trial court or appellate court judges
must also be listed as nominal parties.
Again, the time to file objections to the
motion is 7 days if personal or facsimile
service is used, and 14 days if service is by
mail or third party carrier.
Oral argument is not permitted under
either Rule 381 or 383. Neither rule is
intended to bypass a normal appellate
process, and should only be filed in extraor-
dinary circumstances.
Conclusion
Interlocutory appeals are an important
safety valve in the appellate process. When
used properly, they can provide for an early
disposition of judgments or orders that will
clarify the litigation before a final judgment
has been entered as to all claims.
J. Timothy Eaton served as CBA President in
2013-14 and is a Partner at Taft Stettinius
& Hollister LLP
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2015 ILLINOIS SUPREME COURT
DINNER
Please join the CBA and the ISBA in honoring
the Justices of the Illinois Supreme Court at the
2015 Supreme Court of Illinois Reception and
Dinner on Friday, December 11, 2015, at the
Sheraton Hotel & Towers, 301 E. North Water
Street, Chicago. Justice Anne M. Burke will be
the featured speaker at this year’s event. 6:00
p.m. networking reception followed by a 7:00
p.m. dinner. Black tie optional. Order your tickets
online at For more
information and questions, contact KimWeaver
at 800/252-8908.