This podcast is often a soapbox for complaining about oddities in the California court system. But then we wondered: are the courts in other states better? Maybe they’re the same—or worse. So we thought we should start a conversation with a couple of attorneys on their own soap box in Chicago, Dan Cotter and Pat Eckler, the proprietors of the Podium and Panel Podcast, and compare notes about civil and appellate practice in our respective jurisdictions.
Says Pat: “I can’t imagine Illinois does anything that anyone else should adopt.”
Here is what you’ll learn in this episode:
👉 Jury trials: You can only get a general verdict in IL—no special verdicts!
👉 Unlike CA, the IL Supreme Court promulgates its own rules that govern the courts.
👉 But also unlike CA, IL court rules often conflict with the Code of Civil Procedure—and the conflicts are tricky to resolve.
👉 Like CA, in IL you have to have a court reporter to make an appellate record.
👉 Like CA, IL also has no horizontal stare decisis (appellate court decisions are not binding on other districts).
👉 Like CA, IL issues a large body of uncitable unpublished opinions.
Dan Cotter’s biography and LinkedIn profile.
Pat Eckler’s biography and LinkedIn profile.
Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.
Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.
Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.
Use this link to get a 25% lifetime discount on Casetext.
Other items discussed in the episode:
Disclaimer: The views expressed by our guest, James Mixon, are his own and do not reflect the official position of the California Court of Appeal or the California Judicial Branch. AI technology and legal standards are rapidly evolving, listeners should verify current rules and consult qualified attorneys before implementing AI tools in their practice. Attorneys must independently verify all legal citations and comply with applicable rules of professional conduct.
