Legal Memorandum: Burden of proof needed for an appellant to support a claim of error

Issue: Under Illinois law, what is the burden of proof for an appellant to support a claim of error?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Burden; Proof; Appellant; Claim; Error; Sufficient; Fact; Basis
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

It is appellant’s burden to provide a sufficiently complete record to support a claim of error, and in the absence of that record an appellate court must presume that the trial court’s order conformed to the law and had a sufficient factual basis. Foutch v. O’Bryant, 99 Ill.2d 389, 391-92 (1984).

Wells Fargo Bank, N.A. v. Hansen, 2016.IL.143720 (Ill. App. Dist. 1 2016).

Date: March 1, 2016

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)