In re Marriage of Scott, 2025 IL App (4th) 250776-U
Pro Se Briefs Must Comply with Rule 341
Illinois appellate courts will strike pro se appellate briefs and dismiss appeals for substantial Rule 341 noncompliance. Pro se litigants must meet the same briefing standards as attorneys, including proper record citations, legal argument, and required structural components. Mere statute listing without analysis is insufficient for meaningful appellate review.
Facts
Stuart Scott obtained modified parental responsibilities and primary custody from the trial court. His ex-wife Delilah Scott, proceeding pro se, appealed the custody modification. The Fourth District struck her appellate brief for Rule 341 violations and dismissed the appeal.
Issue
Whether a pro se appellant's brief that fails to comply with Illinois Supreme Court Rule 341 requirements warrants dismissal of the appeal.
Holding
The Fourth District struck the pro se brief and dismissed the appeal for Rule 341 noncompliance. Pro se litigants are held to the same briefing standards as attorneys and must provide required components including proper record citations and coherent legal argument.
Key Reasoning
- Rule 341 requirements are mandatory for all appellants regardless of representation status
- Brief lacked required table of contents, proper issue statements, record citations, and meaningful legal analysis
- Mere listing of statutes and rules without application or argument is insufficient for appellate review
- Courts may dismiss appeals when briefing deficiencies prevent meaningful review of claimed errors
Practical Impact
For Petitioners
Successful trial court rulings are better protected when opposing parties proceed pro se and fail to meet appellate briefing requirements
For Respondents
Pro se appellants must strictly comply with Rule 341 or risk dismissal; securing appellate counsel is critical for preserving substantive arguments
When This Applies
This ruling applies when briefs substantially fail Rule 341 requirements; minor technical defects may not warrant dismissal if substantive arguments are preserved
Statutes Cited
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