The short answer
What Illinois families should know.
Rule 308 provides a possible route to appellate review of a qualifying legal question before the entire case ends. Certification by the trial judge does not guarantee an appeal: the appellate court must also grant permission. It is not a general mechanism for retrying disputed facts.
The question must fit the rule
The trial court must identify a question of law with substantial ground for disagreement and determine that immediate review may materially advance the litigation's conclusion. The rule addresses an interlocutory order that is not otherwise appealable. Counsel should first identify the order, the available appellate route, and the precise legal question. A broad objection that the judge reached an unfair result does not supply that analysis.
Both courts have a role
The trial court's written statement identifies the question. The party seeking review then files an application with the appellate court explaining the necessary facts, the disputed legal issue, and why immediate review will help resolve the litigation. A supporting record accompanies the application. The appellate court exercises discretion; preparing a certification request is therefore only one part of the process.
Calendar the application deadline accurately
Rule 308 generally requires the application within 30 days after the interlocutory order or the trial court's prescribed statement, whichever is later. The exact entered documents and dates matter. Counsel should review them promptly rather than calculate from an informal announcement or a later email. The rule also sets procedures for opposition, the supporting record, and briefing if permission is granted.
The trial case does not automatically stop
Applying for permission, or obtaining it, does not itself stay trial-court proceedings. A stay requires an order under Rule 308. Continue tracking discovery, hearings, and existing obligations unless the court directs otherwise. Before pursuing certification, compare the cost and possible delay with the practical benefit of an early legal ruling. Explain how either answer would affect the remaining issues so the request has a concrete purpose.
Prepare
Useful next steps
- Collect the challenged order, certification statement, and relevant transcript.
- Prepare a precise legal question and a calendar of all pending deadlines.
Avoid
Common missteps
- Assuming certification guarantees appellate review.
- Stopping compliance because an appellate application was filed.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.