CBA Record January-February 2020

Motion for Leave to File an Amicus Brief Supreme Court 345 requires a motion for leave to file an amicus brief. It should state the interests of the movant and how the amicus brief will assist the court. The motion must include the proposed brief. Motion Related to Oral Argument If several parties to an appeal are in the same side, one party may file a motion prior to the oral argument asking the court either for additional time to argue, or for a divided argument. Supreme Court Rule 352 states that divided arguments are not favored, but in some instances where the issues are different as to each party, it may be appropriate. Motion to Remand Immediately following the court’s opinion or order in an appeal, counsel may want to have the case remanded to the circuit court upon good cause shown before the time has expired for a petition for rehearing or petition for leave to appeal to be filed. One reason may be counsel’s awareness of the other side’s decision not to pursue a further appeal or rehearing.

Motion to Withdraw Appeal Supreme Court Rule 309 provides that before the record on appeal is filed in the reviewing court, the trial court may dismiss the appeal of any party upon motion of that party or stipulation of the parties. After the record has been filed, a motion must be filed in the reviewing court. Motion for Sanctions Supreme Court Rule 375 allows the review- ing court to impose sanctions on a party or an attorney for a party upon motion for failure to comply with appellate rules, if the appeal is not taken in good faith, or if the appeal is frivolous. Motion to Consolidate If more than one party appeals from dif- ferent parts of the same judgment, it may make sense to file a motion to consolidate the two appeals so briefs and the argument can be considered together. Petitions and Some Motions to the Supreme Court Petitions are not motions and are gov- erned by different rules. See III. S. Ct.

R. 306, 308, 315 & 367. Each of these rules provide for different timing and format requirements. Also, motions in the Supreme Court pursuant to Rules 302(b), 381, and 383 are sui generis, and counsel should be guided by the requirements in those rules. Conclusion Motion practice in the reviewing courts can be an important tool in an appellate practice. There is no limit on the types of motions that may be filed as long as the motions comply with the applicable supreme and local appellate court rules. Rule 366 confers broad powers on the reviewing courts. Motion practice is one vehicle to access those broad powers to your client’s advantage.

J. Timothy Eaton, a former President of the CBA, is a partner with Taft Stettinius & Hollister LLP in Chicago. He specializes in appellate practice and commercial litigation.


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