Legal Memorandum: Reviewing issues not properly raised or adequately supported

Issue: Under Illinois law, may a reviewing court consider issues not properly raised or argued with adequate support in the law?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Issues; Raise; Argued; Burden; Support; Require; Valid; Judgement
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

"Supreme Court Rule 341 [[regref]Ill. S. Ct. R. 341 (eff. Jan. 1, 2016)[/regref]] requires that the appellant clearly set out the issues raised and the legal support therefore with relevant authority." U.S. Bank v. Lindsey, 397 Ill.App.3d 437, 459 (2009). "A reviewing court is entitled to have issues clearly defined with pertinent authority cited ***, and it is not a repository into which an appellant may foist the burden of argument and research." Obert v. Saville, 253 Ill.App.3d 677, 682 (1993)).   Where an appellant seeks to rely on the preclusive effect of a judgment based on a settlement contract obtained by fraud, the appellant must cite and discuss authority concerning the effect of fraud on the validity of the judgment.

Zahran v. Sud, 2016.IL.142397-U (Ill. App. Dist. 1 2016) (not precedential).

Date: March 1, 2016