In re Marriage of Olusanya

Published: 9/2/2025
By Jonathan D. Steele
In re Marriage of Olusanya

Summary

Case Summary: In re Marriage of Olusanya - In In re Marriage of Olusanya (2025 IL App (1st) 240851‑U), the court applied Ill. Sup. Ct. R. 323 to hold that an appellant who fails to produce a report of proceedings or an acceptable substitute (agreed statement, bystander’s report, or settled record) forfeits meaningful appellate review—appellate panels must presume the trial court acted regularly, precluding review for abuse of discretion of denials of continuance or sanctions because the factual basis cannot be reconstructed. To avoid this dispositive procedural forfeiture, counsel must treat every emergency bench colloquy as appeal‑critical: order and expedite transcripts within 24–48 hours; serve written preservation notices and direct the reporter to preserve notes; meet and confer to prepare an agreed statement and, if necessary, move the trial court to settle it under Rule 323; obtain minute orders or file a motion to reduce oral rulings to writing; and forensically preserve electronic evidence with chain‑of‑custody, metadata logs, encrypted storage (AES‑256) and access audit trails to eliminate spoliation arguments and preserve reversible error.

When a Missing Transcript Costs the Appeal: Lessons from In re Marriage of Olusanya

Picture this: you’ve just finished an emergency hearing where the judge denies your motion to continue and, moments later, enters sanctions against your client. You leave the courthouse thinking you’ll fix the record on appeal — but when you file, the transcript of that hearing is nowhere to be found. That is the moment Adeola Olusanya’s appellate hopes died.

Key Facts (Flash Case File)

In re Marriage of Olusanya, 2025 IL App (1st) 240851-U (Aug. 13, 2025). Notice: filed under Supreme Court Rule 23; not precedent except as allowed. Justice D.B. Walker delivered the judgment; Lampkin and Reyes concurred. Circuit Court of Cook County, No. 2015 D 005696; Hon. Diana Rosario, presiding.

Main Legal Question

Can an appellant obtain meaningful appellate review of denials of continuances or sanctions rulings when no report of proceedings or acceptable substitute is provided? The court’s answer: no. Without the transcript or an agreed statement/acceptable substitute, the appellate court must assume the trial court ruled correctly and that the record supports the ruling.

Court’s Reasoning — Razor-Focused

The court’s analysis turns on procedural fundamentals: appellate review requires an adequate record. Under Illinois Supreme Court rules governing the record on appeal (see Ill. S. Ct. R. 323 and related provisions), the appellant bears the burden of producing the report of proceedings or an acceptable substitute (e.g., agreed statement, bystander’s report, or settled record). When that is missing, the appellate court cannot reconstruct what happened, so it presumes regularity. The opinion is explicit: no transcript = no review of factual findings or discretionary rulings.

Practical Consequences for Family Law Practitioners

This is not academic. Many sanctions and continuance disputes turn on terse bench remarks, colloquy about scheduling, or counsel conduct appearing only in the audio/video record. If you cannot reproduce that exchange on appeal, the appellate court will not reverse. The Olusanya decision crystallizes that risk.

Actionable Strategies — Step-by-Step Preservation and Cyber Hygiene

Below are concrete steps attorneys and firms should implement immediately to avoid an Olusanya outcome.

  1. Pre-hearing checklist (must do before any contested hearing)
    1. Confirm presence of a court reporter or ensure the court’s electronic recording system is engaged and note the recorder’s ID on the pleadings.
    2. Obtain a written docket notation (or minute entry) confirming the date/time of any emergency motion or continuance request.
    3. File a short written motion or notice stating you intend to appeal any adverse ruling and request the court reporter to preserve notes and prepare a transcript if necessary.
  2. Time-sensitive transcript ordering
    1. Order the transcript within 24–48 hours for critical hearings. Typical turnaround: 3–14 days for standard, 24–72 hours for expedited (costs vary; expect higher fees for rush work).
    2. Get a cost estimate and secure funding/advance if your office requires prepayment. Track the order number and delivery ETA in your matter management system.
  3. Create an agreed statement if transcript is unavailable
    1. Within the appellate deadline, meet and confer with opposing counsel to prepare a statement of proceedings or a bystander’s report. If necessary, petition the trial court to settle the statement under the rules.
  4. Preserve electronic evidence and metadata
    1. Immediately send a written preservation notice to all parties and custodians (clients, staff, third-party vendors). Identify devices, apps (text, WhatsApp, Signal), and emails.
    2. For critical devices, arrange forensic imaging with an e-discovery vendor. Preserve cryptographic hashes and a chain-of-custody log.
  5. Document bench rulings contemporaneously
    1. If a court’s oral ruling is brief, file a post-hearing motion to reduce to writing or ask the court for a minute order memorializing the ruling. Court clerks will often add a minute order that can be included in the record.
  6. Cybersecurity and record integrity
    1. Encrypt recordings/transcripts in transit and at rest (AES-256 recommended). Use multi-factor authentication for accounts holding privileged materials.
    2. Maintain an internal log of who accessed the record. This human audit trail is essential when opposing counsel alleges spoliation or tampering.

Human Element — Clients, Staff, and Stress

Clients lose phones, delete messages in panic, or “clean up” devices when accused. Staff forward court audio to personal email. Those human touches can destroy the appellate record and trigger sanctions. Your job is to implement calm, clear instructions:

How Olusanya Will Shape Future Disputes

Expect trial judges and appellate panels to cite Olusanya when an appellant lacks a transcript after an emergency or short hearing. Practitioners will be forced to treat even minute-long bench exchanges as evidence-worthy. Litigation strategies will adapt: more routine ordering of transcripts, formal preservation demands, and earlier involvement of e-discovery/cybersecurity experts. Sanctions motions will increasingly focus on whether a party’s preservation efforts were reasonable and timely.

Citation: In re Marriage of Olusanya, 2025 IL App (1st) 240851-U (Aug. 13, 2025) (Rule 23 notice).

The lesson is blunt: appellate rights are procedural and fragile. Preserve the record as if your client’s appeal depends on it — because it does.

Next steps: Audit your case intake and preservation protocols today. If you want a tailored checklist, transcript vendor referrals, or a cyber-preservation playbook for family law matters, schedule a consultation this week — don’t wait for the next Olusanya moment to become yours.

References

Full Opinion (PDF): Download the full opinion

For more insights, read our Divorce Decoded blog.