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Why You Can’t Jump Straight to the Appellate Court
If you have just received an unfavorable verdict in an Illinois jury trial, your first instinct might be to immediately file an appeal. However, jumping straight to the appellate court could be a fatal mistake. In Illinois state courts, you must file a postjudgment motion following a jury trial if you intend to appeal. Failing to do so means all errors that occurred during the trial are waived, and the appellate court will refuse to hear your case. This guide explains why these motions are essential and how to use them to protect your rights.
What is a Postjudgment Motion?
A postjudgment motion asks the trial court to grant relief from its recent judgment, such as ordering a new trial, modifying the judgment, or entering a judgment in your favor despite the jury’s verdict. These motions serve a dual purpose: they give the trial judge an opportunity to correct any erroneous rulings made during the trial, and they lay the necessary foundation for your appeal by identifying the specific errors you plan to challenge.
Jury Trials vs. Bench Trials
The rules for postjudgment motions depend heavily on the type of trial you had:
- Jury Trials: Filing a posttrial motion is absolutely mandatory if you want to challenge the jury’s verdict or any trial rulings on appeal.
- Bench (Nonjury) Trials: In cases decided by a judge without a jury, filing a postjudgment motion is not required to preserve issues for review, though it can still be a useful strategic tool.
- Federal Court: If you are in federal court, you must file a prejudgment motion under Rule 50(a) and a post-verdict motion under Rule 50(b) to preserve challenges to the sufficiency of the evidence.
The 30-Day Clock and the Need for Specificity
Illinois law requires that postjudgment motions be filed within 30 days of the entry of the judgment. Filing a timely postjudgment motion is crucial because it temporarily stays the enforcement of the judgment and tolls the 30-day clock for filing your actual notice of appeal.
When drafting this motion, precision is everything. The motion must contain the specific points you are relying on and state the exact relief you desire. Any point, ground, or relief not specified in your post-trial motion cannot be urged as an error on appeal. General objections are not enough; you must provide sufficient factual and legal specificity. For instance, if you fail to explicitly request a new trial in your motion, you cannot seek a new trial from the appellate court.
Our Experience with Post-Trial Preservation
Meticulous post-trial practice can make or break an appeal. In our appellate practice, we frequently review records where strong appealable issues were forfeited because trial counsel drafted a vague postjudgment motion. In one recent anonymized matter, however, trial counsel’s diligence in filing a highly specific postjudgment motion detailing exact evidentiary errors and erroneous jury instructions laid a flawless foundation for our appellate team. Because the errors were perfectly preserved in the trial court, we were able to successfully argue the appeal and secure a new trial for our client.
Ready to Discuss Your Case? If you are facing an adverse judgment and are considering an appeal, acting quickly and specifically within the 30-day window is critical. Contact our office to schedule a consultation with our appellate team to discuss a strategy tailored to your situation.
By Humza Ahmed Ansari