Full question:
What should be the form and content of a proposed order requested by a circuit court judge after an Administrative Review? The Review dealt with an Administrative Hearing which resulted in the suspension of driving privileges. I want this suspension to be removed.
- Category: Courts
- Subcategory: Pleadings
- Date:
- State: Illinois
Answer:
The content and form of a proposed order depend on the specific facts and circumstances of your case, such as the reasons for the suspension and the administrative ruling. Generally, a court order should include:
- A caption at the top with the parties' names, case number, court name, assigned judge, and title (e.g., Order).
- A statement of the court's jurisdiction.
- The relevant facts of the case.
- The court's decision.
- A signature and date block at the bottom.
Local court rules may vary, so it's advisable to contact the clerk of courts for specific formatting requirements. You can also search the court docket for similar orders, as they are public records. Note that this service provides general legal information and does not constitute legal advice. For tailored assistance, consider consulting a local attorney who can review your case's details.
Typically, appeals from administrative agencies are reviewed under the substantial evidence rule. This means the reviewing court will not question the agency's findings if they are supported by substantial evidence. An order to overturn an administrative ruling may conclude that the agency acted arbitrarily, capriciously, or abused its discretion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.