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The right to appeal later is not waived if a party fails to file an appeal following any of the interlocutory orders under Rule 307. Rule 308 Rule 308 covers questions of law when substantial grounds for difference of opin- ion exist and the resolution may materially advance the termination of the litigation. This rule is patterned after Rule 1292(b) of the Federal Rules of Civil Procedure. The question of law must involve an issue that is one of first impression or where the districts of the appellate court of Illinois have split in deciding the issue. But even where a question does meet the rule’s criteria, resolution of the question must also materially advance the termination of the litigation. Thus, if the question is decided, it must at least narrow the issues or, perhaps if summary judgment is filed following resolution of the question, it may terminate the case. Rule 308, like 304(a), requires a special finding or certification by the trial court that a question for appeal that a party is posing meets the requirements of Rule 308. This certification can be part of the original order or can be sought by motion

thereafter. However, unlike 304(a), the trial court does not have the ultimate say as to whether the matter should be appealed. Once the trial court certifies a question under rule 308, a party must file an appli- cation to the appellate court (as in a Rule 306 appeal), asking the appellate court to accept the appeal. Thus, rule 308 involves a two-step process: (1) the trial court must certify the question; and (2) the appellate court must decide in its discretion to accept the appeal. Once the trial court certifies the ques- tion, an application for leave to appeal to the appellate court must be filed within 14 days. The respondent has 14 days to file an answer in opposition. As in other interlocutory appeals, a supporting record is needed. If the application is granted, normal briefing is allowed. Again, as in Rule 306, no page limits exist in Rule 308. However, the maximum should not exceed the require- ments of Rule 341, which is 50 pages. If the application for the appeal is granted, a stay of the trial court proceed- ings is not automatically granted. Amotion for stay must be filed in the trial or appel- late court. The scope of review is generally

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