Trying Your Juvenile Court Case for Appeal and Beyond. Louis P. - PowerPoint PPT Presentation

Trying Your Juvenile Court Case for Appeal and Beyond…. Louis P. Milot, Esq. Attorney at Law

Prosecuting Your Case…  Use Tools Available under Code of Civil Procedure  Venue  Substitution  Bill of Particulars  Motions to Dismiss  Answer  Conduct Pre-trial Discovery/Contest Subpoenas  Interrogatories  Request to Admit  Depositions  Motion to Quash Subpoena

Continued….  Develop a Plan, Theory, and/or Strategy  Petition not proven ( factual )  Petition proven but still not abuse or neglect ( legal )  Memorialize Proceedings  Court Reporter  Electronic Recordings  Trying the Juvenile Court Case  Know your Burden of Proofs  Cross-Examination  Make Offers of Proof  Introduce your Evidence  Rebut Statutory Presumptions whenever possible  When appropriate, seek Rule 304 when ruling on non-final orders  Challenge Convention

Appealing Your Case…  Final Appeal Orders ~ • Adjudicatory Orders Not Usually Final Order w/ exceptions. In re M.J., 314 I11. App. 3d 649, 654-55 (2 nd Dist. 2000). • Dispositional Order is Final Order • Permanency Review Order Not Final Orders (w/ exceptions = New Dispositional/Change Guardian?) In re Curtis B., 203 I11 2d 53 (2002). • Unfitness Determination (Adoption) Not Final Order • Best Interest Order Terminating Parental Rights Final Order. In re J.B., 204 I11. 2d 382 (2003). • Contempt Order with Sanction Final Order. Rule 304 (b).(5).

Continued….  Meritorious Appeal ~ Procedural Irregularity • Substantive Irregularity •  Moot-ness ~ • Actual Controversy • Public Interest Exception • Likely Repetition  When/How to Appeal ~ • Notice of Appeal 30 Days from Final Orders (Rule 303). • Notice of Appeal 30 Days from Interlocutory Order (Rule 306). • If not stayed per Rules 305, 368, file Motion to Stay Implementation of court order. • Request transcript of proceeding and common law record. Timelines for preparation of each in the Rules. (321, 323, and 325). • Prepare Docketing Statement per Rule 312. • Adhere to Rule 343 timelines after Appeal docketed (Court Calendar).

Continued….  Where to Appeal ~ (Rules 22, 317, 318, and 365) • Appellate District • Know your Judges/Justices. (See Diagram #1) * •  The Brief ~ Comply with Form and Format per Rule 341 • Include the Appropriate Standard of Review per Rule 341 (h).(2). • Include Rule 311 Expedite Language When Appropriate • Request Oral Argument per Rules 345 (c), 351 & 352 • Certificate of Compliance * •  The Mandate (Final Decision of Appellate Court) ~ Request Publication if Decision is Favorable (Rule 23) • Order Granting Request for Publication resets clock for PLA to S. Ct. •  Petition to Leave to Appeal Sup. Ct. ~ PLA must be filed within 35 days of lower court decision. • Additional Brief per Rule 315. •

Writing Your Brief  Frame the Issue(s) in your favor.  Marshalling Facts to your advantage.  Watch your language and your back.  Research your issues. *  Tell the Appellate Court what you want.  Lastly, file a Reply Brief.

Thanks for Listening ~