Legal Memorandum: An abuse of discretion by a lower court cannot be found without a transcript of the proceedings

Issue: Under Illinois law, may a lower court’s findings be held to be an abuse of discretion if a transcript of the proceedings is not provided the reviewing court?

Without a transcript of the proceedings or an acceptable substitute, a reviewing court is not in a position to say that the lower court’s findings constituted an abuse of discretion. See Deprizio v. MacNeal Mem’l Hosp. Ass’n., 12 N.E.3d 782, 382 Ill. Dec. 503, 2014 IL App (1st) 123206 (App. Dist. 2014) (the trial court’s secondary findings under the Act are reviewed for abuse of discretion); Foutch v. O’Bryant, 99 Ill. 2d 389, 391-92 (1984) (in the absence of a sufficiently complete record to support a claim of error, we presume that the trial court’s order conformed with the law and had a sufficient factual basis).