CBA Record

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. 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 www.isba.org/jointmeeting. For more information and questions, contact KimWeaver at 800/252-8908. 2015 ILLINOIS SUPREME COURT DINNER

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

J. Timothy Eaton served as CBA President in 2013-14 and is a Partner at Taft Stettinius & Hollister LLP

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30 NOVEMBER 2015