deferential abuse of discretion standard (Illinois) · Go Syfert
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deferential abuse of discretion standard in Illinois

19 Illinois opinions name it 1 courts 2004–2026 3 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Gill v. Fostergreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015"Even relevant evidence may be excluded if its probative value is substantially outweighed by such factors as prejudice, confusion, or potential to mislead the jury." Gill v. Foster, 157 Ill. 2d 304, 313 (1993); see also Werner v. Nebal, 377 Ill.

2015“Even relevant evidence may be excluded if its probative value is substantially outweighed by such factors as prejudice, confusion, or potential to mislead the jury.” Gill v. Foster, 157 Ill. 2d 304, 313 (1993); see also Werner v. Nebal, 377 Ill.

22
Werner v. Nebalgreen
illappct · 2007 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015"Even relevant evidence may be excluded if its probative value is substantially outweighed by such factors as prejudice, confusion, or potential to mislead the jury." Gill v. Foster, 157 Ill. 2d 304, 313 (1993); see also Werner v. Nebal, 377 Ill.

2015“Even relevant evidence may be excluded if its probative value is substantially outweighed by such factors as prejudice, confusion, or potential to mislead the jury.” Gill v. Foster, 157 Ill. 2d 304, 313 (1993); see also Werner v. Nebal, 377 Ill.

22
Pekin Insurance v. Hallmark Homes, L.L.C.green
illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See Pekin Insurance Co., 392 Ill.

2011See Pekin Insurance Co., 392 Ill.

22
People v. Wrightgreen
illappct · 1992 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008See People v. Wright, 234 Ill.App.3d 880, 893-94 , 176 Ill.Dec. 119 , 601 N.E.2d 817 (1992); People v. Berberena, 265 Ill.App.3d 1033, 1049-50 , 203 Ill.

2008See People v. Wright, 234 Ill.

22
Addison Insurance v. Faygreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Addison, 232 Ill. 2d at 453 (noting that in such circumstances, “the trial court [i]s in no superior position than any reviewing court to make findings”). ¶ 39 Mr. Wagner urges us to review two of the trial court’s determinations, made implicitly when it adopted his proposed findings of fact and conclusions of law, under the more deferential abuse-of-discretion standard.

11
Chicago Title & Trust Co. v. Chicago Title & Trust Co.green
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017Chicago Title & Trust Co v. Chicago Title & Trust Co., 248 Ill.

11
Cable America, Inc. v. Pace Electronics, Inc.green
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015Id. (“The decision to grant or deny a section 2-1203 motion is within the sound discretion of the circuit court.”). ¶ 68 Notably, Emma does not contend that her section 2-1203 motion raised any “newly discovered evidence” or factual allegations that were not already contained in her amended section 2-1401 petition or its supporting affidavit, and she does not claim that the section 2-1203 motion was premised upon a change in applicable law.

11
Chicago Investment Corp. v. Dolinsgreen
ill · 1985 · cited in 1 Illinois opinions naming this issue, 2010–2010
1 sentence

2010Rockford Financial's citation to discover Borgetti's assets held by National City was brought pursuant to supplementary proceedings under section 2--1402, which provides in part: "(a) A judgment creditor *** is entitled to prosecute supplementary proceedings for the purposes of examining the judgment debtor or any other person to discover assets or income of the debtor not exempt from the enforcement of the judgment, a deduction order or garnishment, and of compelling the application of non-exempt assets or income discovered toward payment of the amount due under the judgment ***. v. Dolins, 1

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Michels v. The Illinois Labor Relations Board green
illappct · 2012
2 sentences

2018Michels, 2012 IL App (4th) 110612, ¶ 44 . ¶ 35 Where, as here, the ILRB dismisses an unfair labor charge because it finds insufficient evidence to warrant a hearing, we review its decision under the deferential abuse-of-discretion standard.

2017Michels , 2012 IL App (4th) 110612 , ¶ 44, 360 Ill.Dec. 951 , 969 N.E.2d 996 . ¶ 35 Where, as here, the ILRB dismisses an unfair labor charge because it finds insufficient evidence to warrant a hearing, we review its decision under the deferential abuse-of-discretion standard.

22017–2018
Drakeford v. University of Chicago Hospitals green
illappct · 2013
2 sentences

2015The deferential abuse of discretion standard of review applies: "The scope of closing argument is within the sound discretion of the trial court and the reviewing court will reverse only if the argument is prejudicial." (Internal quotation marks omitted.) Drakeford v. University of Chicago Hospitals, 2013 IL App (1st) 111366, ¶ 50 . ¶ 53 Kayman relies largely on the fact that the parties had stipulated that the records at issue were business records, yet "[t]he court later prevented [her] from using those very same records during closing argument." Kayman argues on appeal that although the tri

2015The deferential abuse of discretion standard of review applies: “The scope of closing argument is within the sound discretion of the trial court and the reviewing court will reverse only if the argument is prejudicial.” (Internal quotation marks omitted.) Drakeford v. University of Chicago Hospitals, 2013 IL App (1st) 111366, ¶ 50 . ¶ 53 Kayman relies largely on the fact that the parties had stipulated that the records at issue were business records, yet “[t]he court later prevented [her] from using those very same records during closing argument.” Kayman argues on appeal that although the tri

22015–2015
People v. Strain green
ill · 2000
2 sentences

2004People v. Strain , 194 Ill. 2d 467 (2000), teaches that, when the trial court errs during voir dire , the degree to which an attorney exacerbates the error during trial is relevant to determining whether the error is an abuse of the court's discretion.

2004People v. Strain, 194 Ill. 2d 467 (2000), teaches that, when the trial court errs during voir dire, the degree to which an attorney exacerbates the error during trial is relevant to determining whether the error is an abuse of the court’s discretion.

22004–2004
Shawnee Community Unit School District No. 84 v. Illinois Property Tax Appeal Board green
illappct · 2022
1 sentence

2026An agency abuses its discretion when “no reasonable person would take the position [it] adopted or it has act[ed] arbitrarily, fail[ed] to employ conscientious judgment, [or] ignore[d] recognized principles of law.” (Internal quotation marks omitted.) Shawnee Community Unit School District No. 84 v. Illinois Property Tax Appeal Board, 2022 IL App (5th) 190266, ¶ 88 .

12026–2026
Moehring v. Illinois Labor Relations Board, State Panel neutral
illappct · 2013
1 sentence

2026Id. ¶¶ 12 n.3, 29. 13 No. 1-24-2531 ¶ 44 The Board invites us to apply the more deferential abuse-of-discretion standard.

12026–2026
In Re DT green
ill · 2004
1 sentence

2024Id. ¶ 104 . ¶ 22 As support for its argument for de novo review, the special concurrence in Saucedo explains that the Illinois Supreme Court in In re D.T., 212 Ill. 2d 347 (2004), rejected the deferential abuse of discretion standard for a best-interests determination in child custody or parental right termination cases due to the fundamental liberty interest in parental care.

12024–2024
Midas International Corp. v. MESA, S.p.A green
illappct · 2013
1 sentence

2019Midas International Corp. v. Mesa, S.p.A., 2013 IL App (1st) 122048, ¶ 12 . ¶ 20 KLC presents two issues for our review.

12019–2019
Michels v. ILLINOIS LABOR RELATIONS BD. green
illappct · 2012
2 sentences

2017Michels , 2012 IL App (4th) 110612 , ¶ 44, 360 Ill.Dec. 951 , 969 N.E.2d 996 . ¶ 35 Where, as here, the ILRB dismisses an unfair labor charge because it finds insufficient evidence to warrant a hearing, we review its decision under the deferential abuse-of-discretion standard.

2017Michels , 2012 IL App (4th) 110612 , ¶ 44, 360 Ill.Dec. 951 , 969 N.E.2d 996 . ¶ 35 Where, as here, the ILRB dismisses an unfair labor charge because it finds insufficient evidence to warrant a hearing, we review its decision under the deferential abuse-of-discretion standard.

12017–2017
CitiMortgage, Inc. v. San Juan green
illappct · 2012
1 sentence

2015"This court will reverse the trial court's ruling on a section 2-1401 petition only where the trial court abused its discretion. [Citation.] A trial court abuses its discretion where the trial court's decision is arbitrary, fanciful, or unreasonable, such that no reasonable person would take the view adopted by the trial court." (Internal quotation marks omitted.) CitiMortgage, 2012 IL App (1st) 110626, ¶ 21 .

12015–2015
Rockford Financial Systems, Inc. v. Borgetti green
illappct · 2010
1 sentence

2012App.3d 321, 327-28 , 342 Ill.Dec. 691 , 932 N.E.2d 1152 (2010), for the proposition that, in the State's words, "the more deferential abuse-of-discretion standard of review would continue to be applied" despite the holding of Vincent .

12012–2012
Rockford Financial Systems v. Borgetti green
illappct · 2010
1 sentence

2012App.3d 321, 327-28 , 342 Ill.Dec. 691 , 932 N.E.2d 1152 (2010), for the proposition that, in the State's words, "the more deferential abuse-of-discretion standard of review would continue to be applied" despite the holding of Vincent .

12012–2012
People v. Berberena green
illappct · 1994
2 sentences

2008See People v. Wright, 234 Ill.App.3d 880, 893-94 , 176 Ill.Dec. 119 , 601 N.E.2d 817 (1992); People v. Berberena, 265 Ill.App.3d 1033, 1049-50 , 203 Ill.

2008See People v. Wright, 234 Ill.App.3d 880, 893-94 , 176 Ill.Dec. 119 , 601 N.E.2d 817 (1992); People v. Berberena, 265 Ill.App.3d 1033, 1049-50 , 203 Ill.

12008–2008

Statutes the citing opinions construe

IL § 5 ILCS 315/11 (3) IL § 735 ILCS 5/2-1401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 954 (1987–2026) WV 359 (1995–2026) TN 50 (2002–2026) VA 38 (2004–2026) TX 23 (1998–2025) IL 19 (2004–2026) KY 16 (2010–2026) OH 15 (1996–2025) NJ 14 (2018–2025) NM 13 (1998–2022) CT 12 (2006–2026) PA 12 (2010–2021) MN 10 (2005–2026) MI 10 (2002–2024) KS 10 (2010–2026) FL 9 (2013–2026) MS 8 (2000–2015) WA 7 (1999–2024) HI 7 (2004–2024) RI 7 (1998–2026) AK 5 (1995–2025) MD 5 (2004–2018) CO 5 (2015–2024) DE 4 (1987–2026) MA 4 (1999–2005) OK 4 (2001–2021) ME 2 (2011–2018) DC 2 (1998–1998) AZ 2 (2018–2024) MT 2 (2005–2013) VT 2 (2012–2013) NV 2 (2019–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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