An Overview of the Case Review
A case review is a pre-trial process, often used in conjunction with a conference, that takes place before a judge or magistrate. A case review is the last opportunity for parties to finalize agreements and inform the court of their efforts to settle a particular case. At a case review, for example, Judge X may ask the parties whether they are filing a consent order, or if evidence or discovery disputes still need to be resolved. The parties can also inform the court if there is anything specific that needs to be resolved at the next hearing. The main goal is to determine whether the case can be settled prior to trial.
Case reviews are not meant to resolve discovery or evidence disputes , or determine matters of substance. At a pre-trial conference, parties should discuss matters of substance such as agreements related to a case, which issues need to be discussed at the next hearing, and timelines. Therefore, attorneys should be prepared to discuss actions they took following a pre-trial conference in an effort to settle a case, and whether it was successful.
Different Types of Case Reviews
Case reviews are conducted in many types of civil cases at various points in the litigation. For example, in a case before a state agency, there may be an "administrative review" of a final state administrative decision where there is a right to seek review at the Circuit Court level. In Cook County, "review" is the method of appeal from administrative decisions of certain Cook County boards. See 55 ILCS 5/5-1074 and 55 ILCS 5/4-3001. An appellate court’s decision to vacate or affirm a Circuit Court’s decision that is not a final judgment (not immediately appealable) is considered a "review" because the appellate court is reviewing the trial court’s decision before it is final.
In the context of the Federal Appellate Courts, the appellate court typically reviews the District Court’s findings. The review – whether of a ruling on motions or of a verdict at trial – re-examines the lower court’s actions. Federal Rules of Appellate Procedure, Rule 4 and Illinois Supreme Court Rules 304 and 305 provide the right to appeal. There are also grounds for leave appeals within the Collateral Order Doctrine and the "Necessary Review" and Interlocutory Reviews. Under 28 USC §2106, the United States Supreme Court takes certiorari actions to reviews final judgments, orders, or decrees of the lower courts.
In federal court, case reviews are assigned to one of three Court of Appeals circuits – the Ninth, Tenth, or Eleventh Circuit – where the Court will either grant or deny review. The en banc panel of judges (the court of appeals judge members) either affirms or reverses judgments made by the lower court or sends the case back to lower court. The en banc panel is essentially the same as a grand jury for appellate review.
Within the Illinois Circuit Courts, case reviews are conducted by an appellate court to review judgments at three levels: the Appellate Court; the Illinois Supreme Court; and the United States Supreme Court. New Mexico, Arizona and Illinois are the only states that call the intermediate appellate courts "Courts of Appeals."
How a Case Review Works
The filing of a case review with the court of appeals begins when the mother (or father) contacts the Clerk’s office with three questions. First, what is the cost to file a case review? Second, can I have it filed in the county where I live? And third, how long will it take? To answer the first two questions, there is a uniform fee. At present that fee is $25.00. It is more cost-effective to file a case review in the same county where the termination of parental rights’ trial was held. As to the time involved, it varies depending on the case being reviewed. While some of the reviews are very straightforward, such as looking at an issue involving a intact family where the issue is whether there was child abuse, others involve an entire hearing. In these cases, a very clear factual summary is critical to resolving the case.
Once the case review is filed, an order designating the issue or issues is issued in approximately a month. After this order designating the issue(s) is received, the mother (and father, if he has also perfected a case review) have thirty days to send in his or her brief setting out the issues, arguments and facts in the case. Assuming that the case review has been successfully perfected, the case is assigned to a three-judge panel. In many case reviews, the trial judge speaks to the case. The trial judge may request to review the case.
On initial review, the cases are assigned to a law clerk. The law clerk researches prior cases resolving similar fact patterns and then a recommendation is made to the panel. The recommendation may be a "no reversible error" finding or it may set out the issues where there is reversible error. The panel reviews the recommendation, discusses it and makes its decision. This decision is handled in one of two ways. The panel may refer the case to Division I-A which is the Division where the case will be discussed with the entire panel and then it will be sent to Conference where the decision is finally made. In Division I-A, all the reviewers will be discussed, the reviewer that first saw the case will present it to the new reviewer and then the case will be discussed. Finally, the entire Docket will be discussed at Conference. No vote is taken at Conference. Instead, a case will likely be "held" for later discussion. Therefore at that point, no decision has been made.
Judge’s and Lawyer’s Participation in Case Reviews
The judge’s role, as with all steps in the litigation process, is to apply the law. The judge will listen to the submissions provided by the lawyers and make a decision in the best interests of justice and the law. The judge is not there to help either party through the process, but to remain impartial and separate. It is inappropriate for a judge to provide advice to one or both of the parties on how best to settle a case. The case review is a formalised way of having the judge address the case and raise any issues.
Lawyers play a key role in assisting their clients through the process. Leading up to the case review, lawyers should discuss options with the client and explore how best to present the case. This may involve the lawyer providing the client with particular documents that the lawyer would like the client to read and understand prior to attending the case review. Once the case review is scheduled, the lawyer should discuss with the client what to expect going forward. One option is for the lawyer and/or the client to write a case review statement. Generally speaking, a case review statement is a brief document that identifies the main problems in the case. It is a good way to help the judge understand the issues, as busy judges do not have time to read files in depth. In draft form, the judge will be able to provide a ruling on to which issues are of most importance. The case review statement can be useful for cases involving asset and financial issues where they are particularly complicated. How much not to focus on the matter, so that time is not wasted discussing issues that the judge considers a low priority.
Possible Outcomes of a Case Review
Depending on the information uncovered during the review, certain outcomes may occur. The cases may be dismissed in whole or in in part, the original ruling could be altered or overturned, or an order could require the lower court to conduct a new trial.
A case may be dismissed. Assume that a court was presented with a suit for patent infringement and found that the plaintiff did not have the necessary standing to bring the case. If the case were taken up on review by a higher court and examined, the reviewing court could conclude that the lower court indeed erred in its ruling on the standing issue. Instead of sending the matter back to the lower court for further proceedings, however, the reviewing court could find that the plaintiff indeed had standing. At that point, it would be up to the reviewing court to decide whether to dismiss the case or return it to the lower court for further proceedings.
An original decision from a lower court may be modified because of specific information uncovered at the reviewing level. Assume that during the lower court level , a court ruled that the defendant engaged in unfair trade practices. After reviewing the evidence and gaining additional information, the reviewing court found that the defendant did not engage in unfair trade practices, although the evidence may have been changed through improper means. At this level, it would then be up to the reviewing court whether to issue the same order as the lower court or to overturn the lower court decision.
A case may be sent back to the lower court, mandating that the subsequent trial go forward. If after review, the reviewing court determines that the lower court was correct in its ruling, the court can simply discharge the lower court. Yet, the reviewing court can also decide to send the case back to the lower court for further proceedings if there is additional information that needs to be taken into account, or if the reviewing court believes that the lower court did not take all information into account when rendering its original decision.
The Practical Realities of a Case Review
Case reviews frequently suffer from procedural delays, evidentiary problems and other complications that can quickly lay waste to good intentions. Here are some of the challenges that may arise from the case review process and considerations for the litigants involved:
At any stage of a case, from initial pleadings through post-trial motions, there are other motions pending that may be heard on the same day or on a day preceding the case review hearing. The outcome of those motions may alter the litigation landscape and affect the issues to be addressed at the case review or the negotiated settlement that comes out of the case review.
From the standpoint of a case review, delays can create problems in finalizing agreements, especially when the marriage was a long-term high asset case and there are multiple tax and benefit issues to consider. When individuals with such matters go to trial, for example, they must do so within a defined period, but the court retains jurisdiction for years. The case review process does not afford similar opportunities.
A case review requires the cooperation of both parties and their attorneys in order to be successful. There are many rules of civil procedure that must be met before a case can be reviewed, in terms of proper notice, availability of documents and witness lists, scheduling of the hearing, etc. Many procedural pitfalls can occur in advance of a case review and result in dismissal or other substantive penalty if not noted in advance.
At the heart of almost every case review is information relevant to or to which the parties have limited custody or control. This information may prove to be difficult to get, unavailable in time for the review or otherwise unprotected by privilege or statute. While most judges in family cases will not necessarily protect the parties if they are subject to inappropriate conduct in an attempt to avoid a case review, it can be very difficult to corral the information that is necessary to present the case to the best advantage of the party requesting the hearing.
Just as a case review may be scuttled by an ongoing trial, discovery or other issues, a case review hearing is likely to be more difficult to schedule than a trial. A trial has priority over all other matters. However, if a trial date has been set, there are very few opportunities for the court to delay a case review hearing unless there are truely extraordinary circumstances.
Implications of Case Reviews in the Justice System
Case reviews are an influential tool in the legal system, holding the power to rectify potential judicial errors and ensure that trials were conducted fairly. When new evidence has come to light, or when there are questions surrounding the validity of some piece of evidence presented during the trial, a case review is necessary to determine whether these circumstances warrant another look by the courts.
The ultimate goal of any criminal justice system is to render fair outcomes. Even in circumstances where perpetrators are guilty of the crimes they’re accused of, the process by which they were found guilty and the evidence presented at trial should be as error-free as possible. Individuals should not be convicted based on misleading or fabricated evidence. Therefore, it is crucial that the judicial process be able to amend itself when errors occur in order to avoid miscarriages of justice.
Sometimes, cases are brought forward for review by organizations that seek to prevent miscarriages of justice. For example, in the United Kingdom, one such organization is the Criminal Cases Review Commission (CCRC), which seeks to rectify miscarriages of justice. Similar organizations exist in various forms all over the world.
While in some cases the evidence may not even need to be reviewed, because it is obvious that a particular type of evidence is likely to make a huge impact on the jury, in other cases the evidence might be more subtle in terms of its importance in the trial, but nonetheless impact the outcome significantly. The goal of a case review is to identify this type of evidence that may have unfairly skewed toward conviction, leading the jury to reach an unjust decision.
How to Prepare for a Case Review
A case review can take place in various settings, such as pretrial hearings, at settlement conferences, or even during appeals. Each of these contexts requires a different approach when you prepare for a case review. So, let’s briefly explore some of the preparation strategies and best practices that are most relevant to each setting.
Preparing for a Trial Case Review
At a pretrial hearing, you can expect an informal setting with the presiding judge or an alternative dispute resolution (ADR) neutral serving as mediator. The goal is to evaluate your case and create expectations for trial or settlement. As you prepare for this type of case review, ask yourself these questions:
Ask your client if there’s anything they want to add and remind them that they have the right to object if they think you’ve left something out.
Clarify the overarching purpose of the review with your client. While they may believe it’s to settle the case, it’s actually to assist the court in the administration of justice. A successful review will often lead to a settlement, but that’s only one possible outcome.
Preparing for an Appeal Case Review
If you’re preparing for an appellate case review, be sure to ask your client about their expectations. In the appellate courts, attorneys don’t commonly meet with clients to prepare for a case review, so double-check that you’re on the same page.
One of the biggest risks for both you and the client is that they believe going into the case review that the appeal will be granted, so this is an important question to explore .
Review the court rules ahead of time to ensure you’re well-versed in the proper terminology and format. In many appeals courts, there are no oral arguments.
Go into the case review with an open mind and a willingness to listen. Just as you prepare for jury trials by studying the jury pool, it’s important to know who’s on the panel and how those judges feel about various aspects of the case.
There is often a past ruling that was based on the same legal issue. Bring that decision with you to the case review and be prepared to discuss why it may or may not apply to the current situation.
Preparing for a Settlement Case Review
Interview your client and find out what they want, and then find out what they need. There may be a difference between their expectations and what’s realistically achievable, and it’s your job to help them understand the difference. Be prepared to explain clearly why you believe a different case outcome will benefit them.
Create a list of open issues and possible resolutions, and be prepared to discuss each of these. Make a plan for how to build additional trust and rapport with your client, warn them of any surprises that might turn up and be prepared to listen.
Based on your understanding of the history and goals of the case, explain why you think it would be best to settle rather than continue through to a court decision. Be ready to present and explain several options for resolving the case fairly.