Seventh Circuit Civil Appeals Toolkit | Practical Law

Seventh Circuit Civil Appeals Toolkit | Practical Law

Resources to assist attorneys litigating a civil appeal to the US Court of Appeals for the Seventh Circuit. This Toolkit includes guidance on commencing the appeal, preparing the briefs and record excerpts, making motions, and presenting oral argument to the court.

Seventh Circuit Civil Appeals Toolkit

Practical Law Toolkit w-000-6181 (Approx. 6 pages)

Seventh Circuit Civil Appeals Toolkit

by Practical Law Litigation
MaintainedUSA (National/Federal)
Resources to assist attorneys litigating a civil appeal to the US Court of Appeals for the Seventh Circuit. This Toolkit includes guidance on commencing the appeal, preparing the briefs and record excerpts, making motions, and presenting oral argument to the court.
When litigating a civil action in federal district court, a party generally has the right to appeal to a federal court of appeals (also known as a circuit court) from a final order or judgment that awards relief against it or denies some of the relief it sought (28 U.S.C. §§ 1291 and 1295; see Forney v. Apfel, 524 U.S. 266, 271 (1998)). An aggrieved party normally also has the right to appeal from certain types of interlocutory (nonfinal) orders, such as orders granting or denying injunctions (28 U.S.C. § 1292(a)).
If an order or judgment is not appealable as of right, an aggrieved party often may petition for permission to appeal (Federal Rules of Appellate Procedure (FRAP) 5(a); 28 U.S.C. §§ 1292(b) and 1453(c)(1); Federal Rules of Civil Procedure (FRCP) 23(f)).
The US Court of Appeals for the Seventh Circuit hears most appeals from federal district courts in Illinois, Indiana, and Wisconsin (28 U.S.C. §§ 41 and 1294). This Toolkit contains resources explaining the process for litigating civil appeals in the Seventh Circuit, including:
  • How to take an appeal.
  • How to use the Seventh Circuit's Case Management/Electronic Case Filing (CM/ECF) system.
  • What preliminary steps a party must take before it can address the merits of the appeal.
  • How to prepare the appellate briefs and the appendix (which contains the relevant portions of the factual record from the district court).
  • How to make motions, if necessary.
  • How to present oral argument to the court.
  • What steps a party may take after the court decides the appeal, such as petitioning for rehearing en banc.