Legal Question in Appeals and Writs in Illinois

Re: Plaintiff appealing a summary judgment

I don't know the facts, but if a lawyer failed to put the proper documents and facts in the record during a summary judgment motion, it will very difficult to appeal this on the grounds that such fact should be introduced now and reconsidered by the trial judge. This may be an attorney malpractice claim.

Re: Plaintiff appealing a summary judgment

As a general rule, you cannot refer to facts that are not in the trial court record when on appeal. Therefore, you will not be able to use or refer to deposition transcripts if those transcripts were not filed in the trial court. If the deposition transcript has been filed with the court, then it can be referenced. You may have trouble with the issue of waiver, however, if you never addressed the issue in your response to the motion for summary judgment.

If it is not already too late, one can try to get the trial court to reconsider the decision by filing the relevant deposition transcript ect.

More information may be needed in order to fully answer your question. I recommend that you find an experienced appellate lawyer who you can retain to assist you. Please be advised that the foregoing answer does not constitute legal advice or the creation of an attorney client relationship.