Appealable Though Moot?

Abstract:     
Generally, Illinois courts cannot decide moot questions, that is, questions whose answers will not alter case outcomes. Occasionally, however, exceptions are made that allow moot questions to be determined. Five mootness exceptions for civil appellate cases were explored in In re Alfred H.H., 233 Ill.2d 345 (2009), where the court decided that evaluations of the established exceptions usually “must be conducted on a case-by-case basis.” Per se exceptions are now disfavored. Exceptions are more likely employed where appeals involve decisions on legal issues creating uncertainties, requiring more authoritative bases, or continuing to cause harm.

Keywords: appeals, justiciability, civil procedure, judicial review, mootness

Accepted Paper Series