Summary
As a pro se litigant in Chicago, you can file both a petition for rule to show cause and an appeal simultaneously. Each has its own procedure and must adhere to local rules and timelines. If a court order for child support was based on false information and your motion to reconsider was dismissed without your knowledge, you can still file an appeal within 30 days. If the deadline has passed, you may file a late notice of appeal under Illinois Supreme Court Rule 303(d), which allows a 30-day extension under certain circumstances. Consulting a legal professional is advisable for further guidance.Full Conversation
I am trying to figure out if I as a pro se petitioner can file a petition for rule to show cars against the noncustodial parent for intentionally lying to the court And a appeal at the same time in Chicago Illinois cook county
Hello Lula. As a pro se litigant, you can file both a petition for rule to show cause and an appeal simultaneously. However, please be aware that each has its own procedure:
- Petition for Rule to Show Cause: It alleges someone violated court orders and needs to explain why they shouldn't be held in contempt.
- Appeal: It challenges a court's decision.
Make sure to follow the local rules and timelines for both procedures in Cook County.
So if a court order for child support was made on November *, * based on intentional false information and I as a petitioner filed a motion to reconsider within the time frame but the opposing parties attorney appeared before the judge without me knowing and had my motion to reconsider hearing date stricken by the judge Can I still file for an appeal
Yes, you can still file an appeal, but you must do so within 30 days of the order you're appealing in Illinois. However, if your motion to reconsider was improperly dismissed without your knowledge, you may want to consult with a legal professional.
But 30 days have passed as the judge continues to side with the opposing parties baseless motions
I'm sorry to hear about your situation, Lula. After the *-day deadline has passed in Illinois, the right to appeal might be lost. However, in certain cases, you may be able to file a late notice of appeal. I'd strongly recommend consulting with a legal professional for further guidance.
What is a late notice of appeal and how do I do that
A late notice of appeal is when you missed the deadline to file an appeal. In Illinois:
- It's possible under Illinois Supreme Court Rule *(d).
- It allows an extension of 30 days under certain circumstances.
- You must demonstrate a reasonable excuse for the delay.
- It's best to consult with a legal professional for assistance.